Senate Bill 1932

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    Florida Senate - 1999                                  SB 1932

    By Senator Sullivan





    22-1174A-99                                             See HB

  1                      A bill to be entitled

  2         An act relating to emergency management;

  3         amending s. 240.295, F.S.; prescribing duties

  4         of the Board of Regents with respect to

  5         identifying public hurricane evacuation shelter

  6         space on certain campuses; deleting a

  7         requirement for the submission of a report;

  8         revising a condition precedent to a requirement

  9         for specified building construction standards;

10         amending s. 252.38, F.S.; providing a

11         restriction on the appointment of a county

12         emergency management agency director; providing

13         an exception; providing a restriction on the

14         control and supervision of the director;

15         amending s. 252.385, F.S.; revising legislative

16         intent; including certain private facilities

17         within a survey of prospective public hurricane

18         evacuation shelters; including district school

19         boards and community college boards of trustees

20         among those coordinating and implementing such

21         survey; revising completion dates for the

22         retrofitting of specified facilities; exempting

23         the owner or lessee of a shelter scheduled for

24         retrofitting from a requirement to make certain

25         improvements; providing that specified public

26         facilities be made available as public

27         hurricane evacuation shelters; requiring the

28         Department of Management Services to

29         incorporate public hurricane evacuation shelter

30         provisions into lease agreements for state

31         agencies; providing specifications for suitable

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    Florida Senate - 1999                                  SB 1932
    22-1174A-99                                             See HB




  1         leased public facilities; amending s. 252.51,

  2         F.S.; revising provisions which provide

  3         exemption from liability for persons or

  4         organizations who permit real estate or

  5         premises to be used for sheltering persons

  6         during specified emergencies; exempting the

  7         state, its political subdivisions, agents, and

  8         employees from liability for damages caused by

  9         emergency management workers in certain

10         situations; providing exceptions; defining the

11         term "emergency management worker"; providing

12         an effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Subsection (4) of section 240.295, Florida

17  Statutes, is amended to read:

18         240.295  State University System; authorization for

19  fixed capital outlay projects.--

20         (4)  The Board of Regents shall, in consultation with

21  local and state emergency management agencies, assess existing

22  facilities to identify the extent to which each campus has

23  public hurricane evacuation shelter space. adequate to house

24  those students, faculty, and employees expected to seek public

25  shelter prior to or during a disaster and those other persons

26  for which the campus has agreed with the local emergency

27  management agency or other voluntary organization to provide

28  shelter space.  The board shall submit a report describing the

29  results of its assessment to the Governor and the Legislature

30  by February 1, 1994.  At the discretion of the board, this

31  report may be accompanied by a list of proposed improvements

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    Florida Senate - 1999                                  SB 1932
    22-1174A-99                                             See HB




  1  to existing buildings to improve shelter capacity and an

  2  estimate of the costs associated with implementing these

  3  improvements.  Until a county in which a campus is located has

  4  sufficient public hurricane evacuation shelter space, any

  5  building for which a design contract is entered into

  6  subsequent to July 1, 1994, must be constructed in accordance

  7  with public hurricane evacuation shelter standards unless the

  8  board, with the concurrence of the local emergency management

  9  agency or the Department of Community Affairs, exempts the

10  building or part thereof from public hurricane evacuation

11  shelter standards because of its location, size, or other

12  characteristic.

13         Section 2.  Paragraph (b) of subsection (1) of section

14  252.38, Florida Statutes, is amended to read:

15         252.38  Emergency management powers of political

16  subdivisions.--Safeguarding the life and property of its

17  citizens is an innate responsibility of the governing body of

18  each political subdivision of the state.

19         (1)  COUNTIES.--

20         (b)  Each county emergency management agency created

21  and established pursuant to ss. 252.31-252.91 shall have a

22  director who shall be appointed and have an annual salary

23  fixed by the board of county commissioners of the county.  The

24  director must meet the minimum training and education

25  qualifications established in a job description approved by

26  the county.  The director shall be appointed by the board of

27  county commissioners to serve at the pleasure of the board,

28  subject to their direction and control, in conformance with

29  applicable resolutions, ordinances, and laws.  A county

30  constitutional officer or an employee of a county

31  constitutional officer shall not be appointed as director

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    Florida Senate - 1999                                  SB 1932
    22-1174A-99                                             See HB




  1  without the concurrence of the division. Each board of county

  2  commissioners shall promptly inform the division of the

  3  appointment of the director and other personnel. Each director

  4  has direct responsibility for the organization,

  5  administration, and operation of the county emergency

  6  management agency, subject only to the direction and control

  7  of the governing body of the county.  The director shall not

  8  be placed under the administrative supervision and control of

  9  an intermediate county agency or official.  The director shall

10  coordinate emergency management activities, services, and

11  programs within the county and shall serve as liaison to the

12  division and other local emergency management agencies and

13  organizations.

14         Section 3.  Section 252.385, Florida Statutes, is

15  amended to read:

16         252.385  Public shelter space.--

17         (1)  It is the intent of the Legislature that this

18  state not have a deficit of safe public hurricane evacuation

19  shelter space in any region of the state by 1998 and

20  thereafter.

21         (2)  The division shall administer a program to survey

22  existing schools, universities, community colleges, and other

23  state-owned, municipally owned, and county-owned public

24  buildings and any private facility that the owner, in writing,

25  agrees to provide for use as a public hurricane evacuation

26  shelter to identify those that are appropriately designed and

27  located to serve as such shelters.  The owners of the

28  facilities must shall be given the opportunity to participate

29  in the surveys.  The Board of Regents, district school boards,

30  community college boards of trustees, and the Department of

31  Education are responsible for coordinating and implementing

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    Florida Senate - 1999                                  SB 1932
    22-1174A-99                                             See HB




  1  the survey of public schools, universities, and community

  2  colleges with the division or the local emergency management

  3  agency.

  4         (3)  Beginning no later than September 1, 1994, The

  5  division shall annually provide to the President of the

  6  Senate, the Speaker of the House of Representatives, and the

  7  Governor a list of facilities recommended to be retrofitted

  8  using state funds. State funds should be targeted to counties

  9  with hurricane evacuation shelter deficits. Retrofitting

10  facilities in regions with public hurricane evacuation shelter

11  deficits shall be given first priority and should be completed

12  by 2003 1998.  All recommended appropriate facilities should

13  be retrofitted by 2008 2003. The owner or lessee of a public

14  hurricane evacuation shelter that is included on the list of

15  facilities recommended for retrofitting is not required to

16  perform any recommended improvements.

17         (4)(a)  Public facilities, including schools,

18  postsecondary education facilities, and other facilities owned

19  or leased by the state or local governments which are suitable

20  for use as public hurricane evacuation shelters shall be made

21  available at the request of the local emergency management

22  agencies. Such agencies shall coordinate with the appropriate

23  school board, university, community college, or local

24  governing board when requesting the use of such facilities as

25  public hurricane evacuation shelters.

26         (b)  The Department of Management Services shall

27  incorporate provisions for the use of suitable leased public

28  facilities as public hurricane evacuation shelters into lease

29  agreements for state agencies. Suitable leased public

30  facilities include leased public facilities that are solely

31  occupied by state agencies and have at least 2,000 square feet

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    Florida Senate - 1999                                  SB 1932
    22-1174A-99                                             See HB




  1  of net floor area in a single room or in a combination of

  2  rooms having a minimum of 400 square feet in each room. The

  3  net square footage of floor area must be determined by

  4  subtracting from the gross square footage the square footage

  5  of spaces such as mechanical and electrical rooms, storage

  6  rooms, open corridors, restrooms, kitchens, science or

  7  computer laboratories, shop or mechanical areas,

  8  administrative offices, records vaults, and crawl spaces.

  9         Section 4.  Section 252.51, Florida Statutes, is

10  amended to read:

11         252.51  Liability.--

12         (1)  Any person or organization, public or private,

13  owning or controlling real estate or other premises who

14  voluntarily and without compensation grants a license or

15  privilege or otherwise permits the designation by the local

16  emergency management agency or use of the whole or any part of

17  such real estate or premises for the purpose of sheltering

18  persons during an actual, impending, mock, or practice

19  emergency, together with her or his successor in interest, if

20  any, shall not be liable for the death of, or injury to, any

21  person on or about such real estate or premises during the

22  actual, impending, mock, or practice emergency, or for loss

23  of, or damage to, the property of such person, solely by

24  reason or as a result of such license, privilege, designation,

25  or use, unless the gross negligence or the willful and wanton

26  misconduct of such person owning or controlling such real

27  estate or premises or her or his successor in interest is the

28  proximate cause of such death, injury, loss, or damage

29  occurring during such sheltering period.

30         (2)  Neither the state nor any political subdivision of

31  the state, nor their agents or employees, except for bad

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    Florida Senate - 1999                                  SB 1932
    22-1174A-99                                             See HB




  1  faith, gross negligence, malicious purpose, or wanton and

  2  willful disregard of human rights, safety, or property, shall

  3  be liable for personal injury, death, or property damage

  4  sustained by any person as a result of the acts or omissions

  5  of any emergency management worker complying with this chapter

  6  or any order, rule, ordinance, or resolution adopted pursuant

  7  to this chapter. As used in this subsection, the term

  8  "emergency management worker" includes any full-time or

  9  part-time paid or volunteer employee or agent of this state,

10  its political subdivisions, other states, territories, or

11  possessions, the District of Columbia, or the Federal

12  Government who is performing emergency management activities

13  in this state, subject to the order or control of or pursuant

14  to the request of the state, its agencies, or its political

15  subdivisions. The rights of any person to receive benefits to

16  which they would otherwise be entitled under any workers'

17  compensation law, any pension law, or any other federal or

18  state statute are not affected by this subsection.

19         Section 5.  This act shall take effect July 1, 1999.

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    Florida Senate - 1999                                  SB 1932
    22-1174A-99                                             See HB




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3
      With respect to emergency management, prescribes duties
  4    of the Board of Regents with respect to identifying
      public hurricane evacuation shelter space on certain
  5    campuses. Provides that until a county in which a campus
      is located has sufficient public hurricane evacuation
  6    shelter space, specified building construction standards
      must be adhered to.
  7

  8    Provides that a county constitutional officer or an
      employee thereof shall not be appointed as a county
  9    emergency management director without the concurrence of
      the Division of Emergency Management of the Department of
10    Community Affairs.  Provides that the director shall not
      be placed under the administrative supervision and
11    control of an intermediate county agency or official.

12
      Provides legislative intent with respect to the provision
13    of safe public hurricane evacuation shelter space.
      Includes certain private facilities within a survey of
14    prospective public hurricane evacuation shelters.
      Provides that district school boards and community
15    college boards of trustees, along with the Board of
      Regents and the Department of Education, are responsible
16    for coordinating and implementing such survey. Provides
      that the retrofitting of facilities in regions with
17    public hurricane evacuation shelter deficits should be
      completed by 2003, and that all appropriate facilities
18    should be retrofitted by 2008. Provides that public
      facilities, including schools, postsecondary education
19    facilities, and other facilities owned or leased by the
      state or local governments which are suitable for use as
20    public hurricane evacuation shelters, be made available
      as public hurricane evacuation shelters at the request of
21    local emergency management agencies. Requires the
      Department of Management Services to incorporate public
22    hurricane evacuation shelter provisions into lease
      agreements for state agencies. Provides specifications
23    for suitable leased public facilities.

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      Revises provisions which provide exemption from liability
25    for persons or organizations who permit real estate or
      premises to be used for sheltering persons during
26    specified emergencies. Exempts the state, its political
      subdivisions, agents, and employees from liability for
27    damages caused by emergency management workers in certain
      situations. Provides exceptions. Defines the term
28    "emergency management worker" for purposes of the act.

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