Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-20 - FEE SCHEDULE FOR COUNTY EMERGENCY MANAGEMENT AGENCY REVIEW OF FACILITY EMERGENCY MANAGEMENT PLANS › Section 27P-20.005 - Division Review of Fees in Excess of Maximum Fee

Current through Reg. 50, No. 138; July 16, 2024
(1) If the County Emergency Management Agency
				determines that the cost of plan review is in excess of the maximum amount
				established in Rule  27P-20.003, F.A.C., then it
				shall immediately, and in any event no later than the date the plan review and
				approval is completed, notify both the facility and the Division, in writing,
				by certified mail or hand delivery with a signed receipt, and provide a
				detailed written explanation as to why the cost is in excess of the maximum
				fee. This notification shall be entitled "Notification of Plan Review Fee in
				Excess of Maximum Fee." The detailed written explanation shall be accompanied
				by a copy of the plan, an explanation of the normal review practices of the
				County Emergency Management Agency, an explanation of costs attributable to the
				plan review, a copy of the criteria applicable to the facility plan, an
				explanation of the complexity of the review and the size of the facility, as
				well as any other pertinent factor, and shall be supported by additional
				documentation sufficient to enable the Division to determine whether the
				reasonable and necessary costs of plan review justifiably exceed the maximum
				fee. The County Emergency Management Agency shall identify the total cost of
				providing the review of the plan as the proposed fee. Failure to provide
				sufficient information shall result in disallowance of part or all of the
				proposed fee.
(2) The notification
				to the Division shall be addressed to the Director, Division of Emergency
				Management. County Emergency Management Agencies shall provide the required
				"Notification of Plan Review Fee in Excess of Maximum Fee" within sixty days of
				receipt of the facility plan, or shall not exceed the maximum fee.
(3) In evaluating the County Emergency
				Management Agency's explanation the Division shall consider the plan, the
				identified normal review practices of the County Emergency Management Agency,
				the criteria applicable to the facility plan, the complexity of the review and
				the size of the facility, identified costs attributable to the plan review, as
				well as any other pertinent factor raised by either the facility, the County
				Emergency Management Agency, or the Division. The Division may request
				additional information from the facility, the County Emergency Management
				Agency, and any other information source. Failure of the County Emergency
				Management Agency or the facility to supply requested information shall be
				considered in evaluating the proposed fee.
(4) The notice provided by the County
				Emergency Management Agency to the facility shall advise the facility of the
				opportunity to file a response to the County Emergency Management Agency's
				explanation, in writing, by certified mail or hand delivery with a signed
				receipt, within thirty (30) days of receipt by the facility. Filed means
				received by the Director, Division of Emergency Management. The facility's
				response shall be filed with the County Emergency Management Agency and the
				Division and shall address each item raised by the County Emergency Management
				Agency. The thirty day period shall begin on the date of the facility's receipt
				of the County Emergency Management Agency's explanation. Delivery to the
				facility shall be by certified mail, return receipt requested, or by hand
				delivery, with a signed receipt. Facilities shall file a response with the
				Division disputing the basis for the fee in excess of the maximum fee, or shall
				accept the proposed fee. No reply from the County Emergency Management Agency
				shall be permitted, except upon request of the Division.
(5) The Division's determination shall be
				issued within forty-five (45) days of receipt of a timely facility response, or
				if there is no timely response, within sixty (60) days of receipt of the
				County's explanation. The Division's determination of the reasonable and
				necessary costs of plan review shall be considered final agency action, binding
				upon the County and the facility.
(6) The time period(s) for review of the
				invoice, and payment of the fee, shall be tolled during the period of the
				Division review contemplated by this rule, until such time as the facility
				receives the Division's determination.
Rulemaking Authority
					 252.35(2)(x)
					 FS. Law Implemented 252.35(2)(m),
					 252.38(1)(e),
					 393.067(8),
					 395.1055(1)(c),
					 400.23(2)(g)
					 FS.
New 12-4-94, Formerly
					  9G-20.005.