The Florida Senate

252.373  Allocation of funds; rules.--

(1)(a)  Funds appropriated from the Emergency Management, Preparedness, and Assistance Trust Fund shall be allocated by the Department of Community Affairs as follows:

1.  Sixty percent to implement and administer state and local emergency management programs, including training, of which 20 percent shall be used by the division and 80 percent shall be allocated to local emergency management agencies and programs. Of this 80 percent, at least 80 percent shall be allocated to counties.

2.  Twenty percent to provide for state relief assistance for nonfederally declared disasters, including but not limited to grants and below-interest-rate loans to businesses for uninsured losses resulting from a disaster.

3.  Twenty percent for grants and loans to state or regional agencies, local governments, and private organizations to implement projects that will further state and local emergency management objectives. These projects must include, but need not be limited to, projects that will promote public education on disaster preparedness and recovery issues, enhance coordination of relief efforts of statewide private sector organizations, and improve the training and operations capabilities of agencies assigned lead or support responsibilities in the state comprehensive emergency management plan, including the State Fire Marshal's Office for coordinating the Florida fire services. The division shall establish criteria and procedures for competitive allocation of these funds by rule. No more than 5 percent of any award made pursuant to this subparagraph may be used for administrative expenses. This competitive criteria must give priority consideration to hurricane evacuation shelter retrofit projects.

¹(b)  Notwithstanding the provisions of paragraph (a), and for the 2003-2004 fiscal year only, the use of the Emergency Management, Preparedness, and Assistance Trust Fund shall be as provided in the General Appropriations Act. This paragraph expires on July 1, 2004.

¹(c)  Notwithstanding the provisions of paragraph (a), and for the 2003-2004 fiscal year only, the Department of Community Affairs shall conduct a review of funds available in the Emergency Management, Preparedness, and Assistance Trust Fund. By December 31, 2003, when actual receipts for the 2002-2003 fiscal year are determined, the Department of Community Affairs may identify any funds that were unspent or unencumbered in the 2002-2003 fiscal year, and such funds may be transferred to the Grants and Donations Trust Fund to be used for the state portion of the match requirements for federally approved disaster projects. This paragraph expires July 1, 2004.

(2)  The distribution formula provided in subsection (1) may be adjusted proportionally when necessary to meet any matching requirements imposed as a condition of receiving federal disaster relief assistance or planning funds.

(3)  The department shall allocate funds from the Emergency Management, Preparedness, and Assistance Trust Fund to local emergency management agencies and programs pursuant to criteria specified in rule. Such rules shall include, but are not limited to:

(a)  Requiring that, at a minimum, a local emergency management agency either:

1.  Have a program director who works at least 40 hours a week in that capacity; or

2.  If the county has fewer than 75,000 population or is party to an interjurisdictional emergency management agreement entered into pursuant to s. 252.38(3)(b), that is recognized by the Governor by executive order or rule, have an emergency management coordinator who works at least 20 hours a week in that capacity.

(b)  Specifying a formula that establishes a base grant allocation and weighted factors for funds to be allocated over the base grant amount.

(c)  Specifying match requirements.

(d)  Preferential funding to provide incentives to counties and municipalities to participate in mutual aid agreements.

(4)  If adequate funds are available as determined by the division, every county shall receive funds at least sufficient to fund a dedicated, full-time emergency preparedness officer position.

History.--s. 3, ch. 93-128; s. 11, ch. 98-258; s. 7, ch. 2000-140; s. 54, ch. 2000-171; ss. 42, 53, ch. 2001-254; ss. 53, 79, ch. 2002-402; s. 72, ch. 2003-399.

¹Note.--Section 72, ch. 2003-399, amended paragraphs (b) and (c) of subsection (1), "[i]n order to implement Specific Appropriation 1439K of the 2003-2004 General Appropriations Act."