House Bill 2029

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    Florida House of Representatives - 1999                HB 2029

        By the Committee on Community Affairs and Representatives
    Gay and Barreiro





  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.; revising provisions

11         relating to the appointment, salary, and

12         direction and control of a county emergency

13         management agency director; amending s.

14         252.385, F.S.; revising legislative intent;

15         including certain private facilities within a

16         survey of prospective public hurricane

17         evacuation shelters; including district school

18         boards and community college boards of trustees

19         among those coordinating and implementing such

20         survey; revising completion dates for the

21         retrofitting of specified facilities; exempting

22         the owner or lessee of a shelter scheduled for

23         retrofitting from a requirement to make certain

24         improvements; providing that specified public

25         facilities be made available as public

26         hurricane evacuation shelters; requiring the

27         Department of Management Services to

28         incorporate public hurricane evacuation shelter

29         provisions into lease agreements for state

30         agencies; providing specifications for suitable

31         leased public facilities; amending s. 252.51,

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    Florida House of Representatives - 1999                HB 2029

    171-605C-99






  1         F.S.; revising provisions which provide

  2         exemption from liability for persons or

  3         organizations who permit real estate or

  4         premises to be used for sheltering persons

  5         during specified emergencies; exempting the

  6         state, its political subdivisions, agents, and

  7         employees from liability for damages caused by

  8         emergency management workers in certain

  9         situations; providing exceptions; defining

10         "emergency management worker"; repealing s.

11         252.855, F.S., which requires the development

12         of consolidated reporting forms for specified

13         storage tank registration programs and single

14         annual fee payment and due date for reporting

15         required from specified petroleum distributors

16         and retail outlets; providing an effective

17         date.

18

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

20

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

22  Statutes, is amended to read:

23         240.295  State University System; authorization for

24  fixed capital outlay projects.--

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

26  local and state emergency management agencies, assess existing

27  facilities to identify the extent to which each campus has

28  public hurricane evacuation shelter space. adequate to house

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

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

31  for which the campus has agreed with the local emergency

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    Florida House of Representatives - 1999                HB 2029

    171-605C-99






  1  management agency or other voluntary organization to provide

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

  3  results of its assessment to the Governor and the Legislature

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

  5  report may be accompanied by a list of proposed improvements

  6  to existing buildings to improve shelter capacity and an

  7  estimate of the costs associated with implementing these

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

  9  sufficient public hurricane evacuation shelter space, any

10  campus building for which a design contract is entered into

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

12  with public hurricane evacuation shelter standards unless the

13  board, with the concurrence of the local emergency management

14  agency or the Department of Community Affairs, exempts the

15  building or part thereof from public hurricane evacuation

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

17  characteristic.

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

19  252.38, Florida Statutes, is amended to read:

20         252.38  Emergency management powers of political

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

22  citizens is an innate responsibility of the governing body of

23  each political subdivision of the state.

24         (1)  COUNTIES.--

25         (b)  Each county emergency management agency created

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

27  director who shall be appointed and have an annual salary

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

29  director must meet the minimum training and education

30  qualifications established in a job description approved by

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

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    Florida House of Representatives - 1999                HB 2029

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  1  county commissioners or the chief administrative officer of

  2  the county, as described in chapter 125 or the county charter

  3  if applicable, to serve at the pleasure of the appointing

  4  authority board, subject to their direction and control, in

  5  conformance with applicable resolutions, ordinances, and laws.

  6  A county constitutional officer or an employee of a county

  7  constitutional officer may be appointed as director following

  8  prior notification to the division. Each board of county

  9  commissioners shall promptly inform the division of the

10  appointment of the director and other personnel. Each director

11  has direct responsibility for the organization,

12  administration, and operation of the county emergency

13  management agency, subject only to the direction and control

14  of the governing body of the county. The director shall

15  coordinate emergency management activities, services, and

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

17  division and other local emergency management agencies and

18  organizations.

19         Section 3.  Section 252.385, Florida Statutes, is

20  amended to read:

21         252.385  Public shelter space.--

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

23  state not have a deficit of safe public hurricane evacuation

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

25  thereafter.

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

27  existing schools, universities, community colleges, and other

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

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

30  agrees to provide for use as a public hurricane evacuation

31  shelter to identify those that are appropriately designed and

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    Florida House of Representatives - 1999                HB 2029

    171-605C-99






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

  2  facilities must shall be given the opportunity to participate

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

  4  community college boards of trustees, and the Department of

  5  Education are responsible for coordinating and implementing

  6  the survey of public schools, universities, and community

  7  colleges with the division or the local emergency management

  8  agency.

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

10  division shall annually provide to the President of the

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

12  Governor a list of facilities recommended to be retrofitted

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

14  with hurricane evacuation shelter deficits. Retrofitting

15  facilities in regions with public hurricane evacuation shelter

16  deficits shall be given first priority and should be completed

17  by 2003 1998.  All recommended appropriate facilities should

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

19  hurricane evacuation shelter that is included on the list of

20  facilities recommended for retrofitting is not required to

21  perform any recommended improvements.

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

23  postsecondary education facilities, and other facilities owned

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

25  for use as public hurricane evacuation shelters shall be made

26  available at the request of the local emergency management

27  agencies. Such agencies shall coordinate with the appropriate

28  school board, university, community college, or local

29  governing board when requesting the use of such facilities as

30  public hurricane evacuation shelters.

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    Florida House of Representatives - 1999                HB 2029

    171-605C-99






  1         (b)  The Department of Management Services shall

  2  incorporate provisions for the use of suitable leased public

  3  facilities as public hurricane evacuation shelters into lease

  4  agreements for state agencies. Suitable leased public

  5  facilities include leased public facilities that are solely

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

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

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

  9  net square footage of floor area must be determined by

10  subtracting from the gross square footage the square footage

11  of spaces such as mechanical and electrical rooms, storage

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

13  computer laboratories, shop or mechanical areas,

14  administrative offices, records vaults, and crawl spaces.

15         Section 4.  Section 252.51, Florida Statutes, is

16  amended to read:

17         252.51  Liability.--

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

19  owning or controlling real estate or other premises who

20  voluntarily and without compensation grants a license or

21  privilege or otherwise permits the designation by the local

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

23  such real estate or premises for the purpose of sheltering

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

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

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

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

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

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

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

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

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    Florida House of Representatives - 1999                HB 2029

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  1  misconduct of such person owning or controlling such real

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

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

  4  occurring during such sheltering period.

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

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

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

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

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

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

11  of any emergency management worker complying with this chapter

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

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

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

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

16  its political subdivisions, other states, territories, or

17  possessions, the District of Columbia, or the Federal

18  Government who is performing emergency management activities

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

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

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

22  which they would otherwise be entitled under any workers'

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

24  state statute are not affected by this subsection.

25         Section 5.  Section 252.855, Florida Statutes, is

26  repealed.

27         Section 6.  This act shall take effect July 1, 1999.

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    Florida House of Representatives - 1999                HB 2029

    171-605C-99






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

  2                          HOUSE 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    Revises provisions relating to the appointment, salary,
      and direction and control of a county emergency
  9    management agency director. Provides that directors shall
      be appointed by the board of county commissioners or the
10    chief administrative officer of the county. Provides that
      a county constitutional officer or an employee thereof
11    may be appointed as a county emergency management
      director following notification to the Division of
12    Emergency Management of the Department of Community
      Affairs.
13

14    Provides legislative intent with respect to the provision
      of safe public hurricane evacuation shelter space.
15    Includes certain private facilities within a survey of
      prospective public hurricane evacuation shelters.
16    Provides that district school boards and community
      college boards of trustees, along with the Board of
17    Regents and the Department of Education, are responsible
      for coordinating and implementing such survey. Provides
18    that the retrofitting of facilities in regions with
      public hurricane evacuation shelter deficits should be
19    completed by 2003, and that all appropriate facilities
      should be retrofitted by 2008. Provides that public
20    facilities, including schools, postsecondary education
      facilities, and other facilities owned or leased by the
21    state or local governments which are suitable for use as
      public hurricane evacuation shelters, be made available
22    as public hurricane evacuation shelters at the request of
      local emergency management agencies. Requires the
23    Department of Management Services to incorporate public
      hurricane evacuation shelter provisions into lease
24    agreements for state agencies. Provides specifications
      for suitable leased public facilities.
25

26    Revises provisions which provide exemption from liability
      for persons or organizations who permit real estate or
27    premises to be used for sheltering persons during
      specified emergencies. Exempts the state, its political
28    subdivisions, agents, and employees from liability for
      damages caused by emergency management workers in certain
29    situations. Provides exceptions. Defines "emergency
      management worker" for purposes of the act.
30

31    Repeals provisions which require the Department of
      Environmental Protection and the Department of Community
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    Florida House of Representatives - 1999                HB 2029

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  1    Affairs to develop consolidated reporting forms for
      specified storage tank registration programs and provide
  2    for a single annual fee payment and due date for
      reporting required from specified petroleum distributors
  3    and retail outlets.

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