Senate Bill 0430e2

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    CS for SB 430                                 Second Engrossed



  1                      A bill to be entitled

  2         An act relating to emergency management

  3         planning; amending s. 215.559, F.S.; revising

  4         the amount of the annual appropriation from the

  5         Florida Hurricane Catastrophe Fund; requiring

  6         that funds from such appropriation be used for

  7         additional purposes; amending s. 235.26, F.S.;

  8         deleting an exemption from the requirement that

  9         certain educational facilities be constructed

10         as public shelters; amending s. 240.295, F.S.;

11         prescribing duties of the Board of Regents with

12         respect to identifying public hurricane

13         evacuation shelter space on certain campuses;

14         requiring the submission of a capital

15         improvements program; deleting a requirement

16         for the submission of a report; revising a

17         condition precedent to a requirement for

18         specified building construction standards;

19         revising applicability; removing an exemption;

20         amending s. 252.35, F.S.; requiring that the

21         Division of Emergency Management of the

22         Department of Community Affairs adopt the state

23         comprehensive emergency management plan as a

24         rule; authorizing the division to adopt rules

25         to administer and distribute federal financial

26         assistance; amending s. 252.38, F.S.; revising

27         provisions governing the appointment and

28         control of the director of the county emergency

29         management agency; amending s. 252.385, F.S.;

30         revising legislative intent; including certain

31         private facilities within a survey of


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    CS for SB 430                                 Second Engrossed



  1         prospective public hurricane evacuation

  2         shelters; including district school boards and

  3         community college boards of trustees among

  4         those coordinating and implementing such

  5         survey; revising completion dates for the

  6         retrofitting of specified facilities; exempting

  7         the owner or lessee of a shelter scheduled for

  8         retrofitting from a requirement to make certain

  9         improvements; providing that specified public

10         facilities be made available as public

11         hurricane evacuation shelters; requiring the

12         Department of Management Services to

13         incorporate public hurricane evacuation shelter

14         provisions into lease agreements for state

15         agencies; providing specifications for suitable

16         leased public facilities; requiring that the

17         department assess facilities to identify

18         shelter space for hurricane evacuations;

19         amending s. 252.373, F.S.; providing criteria

20         for prioritizing retrofit projects for

21         hurricane evacuation shelters; providing

22         appropriations; authorizing the Department of

23         Community Affairs to use certain federal

24         mitigation funds for hurricane shelter retrofit

25         projects; amending s. 252.51, F.S.; providing

26         an exception to a limitation on liability;

27         repealing s. 252.855, F.S., relating to

28         reporting forms for specified storage tank

29         registration programs and annual fee payments

30         for reports by certain petroleum distributors

31         and retail outlets; amending s. 252.355, F.S.;


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    CS for SB 430                                 Second Engrossed



  1         revising provisions relating to registration of

  2         persons requiring special needs assistance in

  3         emergencies; creating s. 381.0303, F.S.;

  4         providing for recruitment of health care

  5         practitioners for special needs shelters;

  6         providing for reimbursement and funding;

  7         providing duties of the Department of Health,

  8         the county health departments, and the local

  9         emergency management agencies; authorizing use

10         of a health care practitioner registry;

11         authorizing establishment of a special needs

12         shelter interagency committee; providing

13         membership and responsibilities; providing for

14         rules; providing for review of emergency

15         management plans; creating s. 400.492, F.S.;

16         requiring home health agencies to prepare a

17         comprehensive emergency management plan;

18         specifying plan requirements; amending ss.

19         400.497 and 400.610, F.S.; providing minimum

20         requirements for home health agency and hospice

21         comprehensive emergency management plans;

22         providing for rules; providing for plan review

23         and approval; providing for plan review and

24         approval for home health agencies and hospices

25         operating in more than one county; providing an

26         exception to comprehensive emergency management

27         plan requirements; amending s. 400.506, F.S.;

28         requiring nurse registries to assist at-risk

29         clients with special needs registration and to

30         prepare a comprehensive emergency management

31         plan; specifying plan requirements; providing


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    CS for SB 430                                 Second Engrossed



  1         for plan review; amending s. 400.605, F.S.;

  2         requiring the Department of Elderly Affairs to

  3         include components for comprehensive emergency

  4         management plan in its rules establishing

  5         minimum standards for a hospice; amending s.

  6         400.6095, F.S.; requiring that certain

  7         emergency care and service information be

  8         included in hospice patients' medical records;

  9         creating s. 401.273, F.S.; providing for

10         establishment of a registry of emergency

11         medical technicians and paramedics for

12         disasters and emergencies; clarifying the

13         functions of emergency medical technicians and

14         paramedics; amending s. 408.15, F.S.;

15         authorizing the Agency for Health Care

16         Administration to establish uniform standards

17         of care for special needs shelters; creating s.

18         455.718, F.S.; providing for establishment of a

19         health practitioner registry for disasters and

20         emergencies; requiring emergency and disaster

21         planning provisions in certain state agency

22         provider contracts; specifying minimum contract

23         requirements; providing appropriations;

24         providing an effective date.

25

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

27

28         Section 1.  Subsections (1) and (2) of section 215.559,

29  Florida Statutes, are amended to read:

30         215.559  Hurricane Loss Mitigation Program.--

31


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    CS for SB 430                                 Second Engrossed



  1         (1)  There is created a Hurricane Loss Mitigation

  2  Program. The Legislature shall annually appropriate $10 $7

  3  million of the moneys authorized for appropriation under s.

  4  215.555(7)(c) from the Florida Hurricane Catastrophe Fund to

  5  the Department of Community Affairs for the purposes set forth

  6  in this section.

  7         (2)(a)  Seven million dollars in The funds provided in

  8  subsection (1) shall be used for programs to improve the wind

  9  resistance of residences and mobile homes, including loans,

10  subsidies, grants, demonstration projects, and direct

11  assistance; cooperative programs with local governments and

12  the Federal Government; and other efforts to prevent or reduce

13  losses or reduce the cost of rebuilding after a disaster.

14         (b)  Three million dollars in funds provided in

15  subsection (1) shall be used to retrofit existing facilities

16  used as public hurricane shelters. The department must

17  prioritize the use of these funds for projects included in the

18  September 1, 2000, version of the Shelter Retrofit Report

19  prepared in accordance with s. 252.385(3), and each annual

20  report thereafter. The department must give funding priority

21  to projects in regional planning council regions that have

22  shelter deficits and to projects that maximize use of state

23  funds.

24         Section 2.  Subsection (9) of section 235.26, Florida

25  Statutes, is amended to read:

26         235.26  State Uniform Building Code for Public

27  Educational Facilities Construction.--The Commissioner of

28  Education shall adopt a uniform statewide building code for

29  the planning and construction of public educational and

30  ancillary plants by district school boards and community

31  college district boards of trustees. The code must be entitled


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    CS for SB 430                                 Second Engrossed



  1  the State Uniform Building Code for Public Educational

  2  Facilities Construction. Included in this code must be flood

  3  plain management criteria in compliance with the rules and

  4  regulations in 44 C.F.R. parts 59 and 60, and subsequent

  5  revisions thereto which are adopted by the Federal Emergency

  6  Management Agency.  Wherever the words "Uniform Building Code"

  7  appear, they mean the "State Uniform Building Code for Public

  8  Educational Facilities Construction." It is not a purpose of

  9  the Uniform Building Code to inhibit the use of new materials

10  or innovative techniques; nor may it specify or prohibit

11  materials by brand names. The code must be flexible enough to

12  cover all phases of construction so as to afford reasonable

13  protection for the public safety, health, and general welfare.

14  The department may secure the service of other state agencies

15  or such other assistance as it finds desirable in revising the

16  code.

17         (9)  EDUCATION FACILITIES AS EMERGENCY SHELTERS.--

18         (a)  The Department of Education shall, in consultation

19  with boards and county and state emergency management offices,

20  amend the State Uniform Building Code for Public Educational

21  Facilities Construction to incorporate public shelter design

22  criteria into the Uniform Building Code. The new criteria must

23  be designed to ensure that appropriate core facility areas in

24  new educational facilities can serve as public shelters for

25  emergency management purposes.  The Commissioner of Education

26  shall publish proposed amendments to the State Uniform

27  Building Code for Public Educational Facilities Construction

28  setting forth the public-shelter criteria by July 1, 1995. A

29  facility, or an appropriate core facility area within a

30  facility, for which a design contract is entered into

31  subsequent to the effective date of the inclusion of the


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    CS for SB 430                                 Second Engrossed



  1  public shelter criteria in the code must be built in

  2  compliance with the amended code unless the facility or a part

  3  thereof is exempted from using the new shelter criteria due to

  4  its location, size, or other characteristics by the applicable

  5  board with the concurrence of the applicable local emergency

  6  management agency or the Department of Community Affairs.  Any

  7  educational facility located or proposed to be located in an

  8  identified category 1, 2, or 3 evacuation zone is not subject

  9  to the requirements of this subsection. If the regional

10  planning council region in which the county is located does

11  not have a hurricane evacuation shelter deficit, as determined

12  by the Department of Community Affairs, school districts

13  within the planning council region are not If more than one

14  educational facility is being constructed within any 3-mile

15  radius, no more than one facility, which must be selected on

16  the basis of cost-effectiveness and greatest provision of

17  shelter space, is required to incorporate the public shelter

18  criteria into its construction of educational facilities.

19         (b)  By January 31, 1996, and by January 31 every

20  even-numbered year thereafter, the Department of Community

21  Affairs shall prepare and submit a statewide emergency shelter

22  plan to the Governor and the Cabinet for approval. The plan

23  must identify the general location and square footage of

24  existing shelters, by regional planning council region county,

25  and the general location and square footage of needed

26  shelters, by regional planning council region county, in the

27  next 5 years.  Such plan must identify the types of public

28  facilities which should be constructed to comply with

29  emergency shelter criteria and must recommend an appropriate,

30  adequate, and dedicated source of funding for the additional

31  cost of constructing emergency shelters within these public


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    CS for SB 430                                 Second Engrossed



  1  facilities. After the approval of the plan, a board may not be

  2  required to build more emergency shelter space than identified

  3  as needed in the plan, and decisions pertaining to exemptions

  4  pursuant to paragraph (a) must be guided by the plan and by

  5  this subsection.

  6         Section 3.  Subsection (4) of section 240.295, Florida

  7  Statutes, is amended to read:

  8         240.295  State University System; authorization for

  9  fixed capital outlay projects.--

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

11  local and state emergency management agencies, assess existing

12  facilities to identify the extent to which each campus has

13  public hurricane evacuation shelter space. The board shall

14  submit to the Governor and the Legislature by August 1 of each

15  year a 5-year capital improvements program that identifies new

16  or retrofitted facilities that will incorporate enhanced

17  hurricane resistance standards and that can be used as public

18  hurricane evacuation shelters. Enhanced hurricane resistance

19  standards include fixed passive protection for window and door

20  applications to provide mitigation protection, security

21  protection with egress, and energy efficiencies that meet

22  standards required in the 130-mile-per-hour wind zone areas.

23  The board must also submit proposed facility retrofit projects

24  to the Department of Community Affairs for assessment and

25  inclusion in the annual report prepared in accordance with s.

26  252.385(3). adequate to house those students, faculty, and

27  employees expected to seek public shelter prior to or during a

28  disaster and those other persons for which the campus has

29  agreed with the local emergency management agency or other

30  voluntary organization to provide shelter space.  The board

31  shall submit a report describing the results of its assessment


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    CS for SB 430                                 Second Engrossed



  1  to the Governor and the Legislature by February 1, 1994.  At

  2  the discretion of the board, this report may be accompanied by

  3  a list of proposed improvements to existing buildings to

  4  improve shelter capacity and an estimate of the costs

  5  associated with implementing these improvements.  Until a

  6  regional planning council region in which a campus is located

  7  has sufficient public hurricane evacuation shelter space, any

  8  campus building for which a design contract is entered into

  9  subsequent to July 1, 2001 1994, and which has been identified

10  by the board, with the concurrence of the local emergency

11  management agency or the Department of Community Affairs, to

12  be appropriate for use as a public hurricane evacuation

13  shelter, must be constructed in accordance with public shelter

14  standards unless the board, with the concurrence of the local

15  emergency management agency or the Department of Community

16  Affairs, exempts the building or part thereof from shelter

17  standards because of its location, size, or other

18  characteristic.

19         Section 4.  Subsection (2) of section 252.35, Florida

20  Statutes, is amended to read:

21         252.35  Emergency management powers; Division of

22  Emergency Management.--

23         (2)  The division is responsible for carrying out the

24  provisions of ss. 252.31-252.91.  In performing its duties

25  under ss. 252.31-252.91, the division shall:

26         (a)  Prepare a state comprehensive emergency management

27  plan, which shall be integrated into and coordinated with the

28  emergency management plans and programs of the Federal

29  Government. The division must adopt the plan as a rule in

30  accordance with chapter 120. The plan shall be implemented by

31  a continuous, integrated comprehensive emergency management


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    CS for SB 430                                 Second Engrossed



  1  program. The plan must contain provisions to ensure that the

  2  state is prepared for emergencies and minor, major, and

  3  catastrophic disasters, and the division shall work closely

  4  with local governments and agencies and organizations with

  5  emergency management responsibilities in preparing and

  6  maintaining the plan. The state comprehensive emergency

  7  management plan shall be operations oriented and:

  8         1.  Include an evacuation component that includes

  9  specific regional and interregional planning provisions and

10  promotes intergovernmental coordination of evacuation

11  activities.  This component must, at a minimum: contain

12  guidelines for lifting tolls on state highways; ensure

13  coordination pertaining to evacuees crossing county lines; set

14  forth procedures for directing people caught on evacuation

15  routes to safe shelter; establish strategies for ensuring

16  sufficient, reasonably priced fueling locations along

17  evacuation routes; and establish policies and strategies for

18  emergency medical evacuations.

19         2.  Include a shelter component that includes specific

20  regional and interregional planning provisions and promotes

21  coordination of shelter activities between the public,

22  private, and nonprofit sectors.  This component must, at a

23  minimum:  contain strategies to ensure the availability of

24  adequate public shelter space in each region of the state;

25  establish strategies for refuge-of-last-resort programs;

26  provide strategies to assist local emergency management

27  efforts to ensure that adequate staffing plans exist for all

28  shelters, including medical and security personnel; provide

29  for a postdisaster communications system for public shelters;

30  establish model shelter guidelines for operations,

31  registration, inventory, power generation capability,


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    CS for SB 430                                 Second Engrossed



  1  information management, and staffing; and set forth policy

  2  guidance for sheltering people with special needs.

  3         3.  Include a postdisaster response and recovery

  4  component that includes specific regional and interregional

  5  planning provisions and promotes intergovernmental

  6  coordination of postdisaster response and recovery activities.

  7  This component must provide for postdisaster response and

  8  recovery strategies according to whether a disaster is minor,

  9  major, or catastrophic. The postdisaster response and recovery

10  component must, at a minimum:  establish the structure of the

11  state's postdisaster response and recovery organization;

12  establish procedures for activating the state's plan; set

13  forth policies used to guide postdisaster response and

14  recovery activities; describe the chain of command during the

15  postdisaster response and recovery period; describe initial

16  and continuous postdisaster response and recovery actions;

17  identify the roles and responsibilities of each involved

18  agency and organization; provide for a comprehensive

19  communications plan; establish procedures for monitoring

20  mutual aid agreements; provide for rapid impact assessment

21  teams; ensure the availability of an effective statewide urban

22  search and rescue program coordinated with the fire services;

23  ensure the existence of a comprehensive statewide medical care

24  and relief plan administered by the Department of Health; and

25  establish systems for coordinating volunteers and accepting

26  and distributing donated funds and goods.

27         4.  Include additional provisions addressing aspects of

28  preparedness, response, recovery, and mitigation as determined

29  necessary by the division.

30         5.  Address the need for coordinated and expeditious

31  deployment of state resources, including the Florida National


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    CS for SB 430                                 Second Engrossed



  1  Guard.  In the case of an imminent major disaster, procedures

  2  should address predeployment of the Florida National Guard,

  3  and, in the case of an imminent catastrophic disaster,

  4  procedures should address predeployment of the Florida

  5  National Guard and the United States Armed Forces.

  6         6.  Establish a system of communications and warning to

  7  ensure that the state's population and emergency management

  8  agencies are warned of developing emergency situations and can

  9  communicate emergency response decisions.

10         7.  Establish guidelines and schedules for annual

11  exercises that evaluate the ability of the state and its

12  political subdivisions to respond to minor, major, and

13  catastrophic disasters and support local emergency management

14  agencies.  Such exercises shall be coordinated with local

15  governments and, to the extent possible, the Federal

16  Government.

17         8.  Assign lead and support responsibilities to state

18  agencies and personnel for emergency support functions and

19  other support activities.

20

21  The division shall prepare an interim postdisaster response

22  and recovery component that substantially complies with the

23  provisions of this paragraph by June 1, 1993.  Each state

24  agency assigned lead responsibility for an emergency support

25  function by the state comprehensive emergency management plan

26  shall also prepare a detailed operational plan needed to

27  implement its responsibilities by June 1, 1993.  The complete

28  state comprehensive emergency management plan shall be

29  submitted to the President of the Senate, the Speaker of the

30  House of Representatives, and the Governor no later than

31


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    CS for SB 430                                 Second Engrossed



  1  February 1, 1994, and on February 1 of every even-numbered

  2  year thereafter.

  3         (b)  Adopt standards and requirements for county

  4  emergency management plans.  The standards and requirements

  5  must ensure that county plans are coordinated and consistent

  6  with the state comprehensive emergency management plan. If a

  7  municipality elects to establish an emergency management

  8  program, it must adopt a city emergency management plan that

  9  complies with all standards and requirements applicable to

10  county emergency management plans.

11         (c)  Assist political subdivisions in preparing and

12  maintaining emergency management plans.

13         (d)  Review periodically political subdivision

14  emergency management plans for consistency with the state

15  comprehensive emergency management plan and standards and

16  requirements adopted under this section.

17         (e)  Cooperate with the President, the heads of the

18  Armed Forces, the various federal emergency management

19  agencies, and the officers and agencies of other states in

20  matters pertaining to emergency management in the state and

21  the nation and incidents thereof and, in connection therewith,

22  take any measures that it deems proper to carry into effect

23  any request of the President and the appropriate federal

24  officers and agencies for any emergency management action,

25  including the direction or control of:

26         1.  Emergency management drills, tests, or exercises of

27  whatever nature.

28         2.  Warnings and signals for tests and drills, attacks,

29  or other imminent emergencies or threats thereof and the

30  mechanical devices to be used in connection with such warnings

31  and signals.


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    CS for SB 430                                 Second Engrossed



  1         (f)  Make recommendations to the Legislature, building

  2  code organizations, and political subdivisions for zoning,

  3  building, and other land use controls; safety measures for

  4  securing mobile homes or other nonpermanent or semipermanent

  5  structures; and other preparedness, prevention, and mitigation

  6  measures designed to eliminate emergencies or reduce their

  7  impact.

  8         (g)  In accordance with the state comprehensive

  9  emergency management plan and program for emergency

10  management, ascertain the requirements of the state and its

11  political subdivisions for equipment and supplies of all kinds

12  in the event of an emergency; plan for and either procure

13  supplies, medicines, materials, and equipment or enter into

14  memoranda of agreement or open purchase orders that will

15  ensure their availability; and use and employ from time to

16  time any of the property, services, and resources within the

17  state in accordance with ss. 252.31-252.91.

18         (h)  Anticipate trends and promote innovations that

19  will enhance the emergency management system.

20         (i)  Institute statewide public awareness programs.

21  This shall include an intensive public educational campaign on

22  emergency preparedness issues.

23         (j)  Prepare and distribute to appropriate state and

24  local officials catalogs of federal, state, and private

25  assistance programs.

26         (k)  Coordinate federal, state, and local emergency

27  management activities and take all other steps, including the

28  partial or full mobilization of emergency management forces

29  and organizations in advance of an actual emergency, to ensure

30  the availability of adequately trained and equipped forces of

31


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    CS for SB 430                                 Second Engrossed



  1  emergency management personnel before, during, and after

  2  emergencies and disasters.

  3         (l)  Establish a schedule of fees that may be charged

  4  by local emergency management agencies for review of emergency

  5  management plans on behalf of external agencies and

  6  institutions. In establishing such schedule, the division

  7  shall consider facility size, review complexity, and other

  8  factors.

  9         (m)  Implement training programs to improve the ability

10  of state and local emergency management personnel to prepare

11  and implement emergency management plans and programs.  This

12  shall include a continuous training program for agencies and

13  individuals that will be called on to perform key roles in

14  state and local postdisaster response and recovery efforts and

15  for local government personnel on federal and state

16  postdisaster response and recovery strategies and procedures.

17         (n)  Review periodically emergency operating procedures

18  of state agencies and recommend revisions as needed to ensure

19  consistency with the state comprehensive emergency management

20  plan and program.

21         (o)  Make such surveys of industries, resources, and

22  facilities within the state, both public and private, as are

23  necessary to carry out the purposes of ss. 252.31-252.91.

24         (p)  Prepare, in advance whenever possible, such

25  executive orders, proclamations, and rules for issuance by the

26  Governor as are necessary or appropriate for coping with

27  emergencies and disasters.

28         (q)  Cooperate with the Federal Government and any

29  public or private agency or entity in achieving any purpose of

30  ss. 252.31-252.91 and in implementing programs for mitigation,

31  preparation, response, and recovery.


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    CS for SB 430                                 Second Engrossed



  1         (r)  Assist political subdivisions with the creation

  2  and training of urban search and rescue teams and promote the

  3  development and maintenance of a state urban search and rescue

  4  program.

  5         (s)  Delegate, as necessary and appropriate, authority

  6  vested in it under ss. 252.31-252.91 and provide for the

  7  subdelegation of such authority.

  8         (t)  Report biennially to the President of the Senate,

  9  the Speaker of the House of Representatives, and the Governor,

10  no later than February 1 of every odd-numbered year, the

11  status of the emergency management capabilities of the state

12  and its political subdivisions.

13         (u)  In accordance with chapter 120, create, implement,

14  administer, adopt promulgate, amend, and rescind rules,

15  programs, and plans needed to carry out the provisions of ss.

16  252.31-252.91 with due consideration for, and in cooperating

17  with, the plans and programs of the Federal Government. In

18  addition, the division may adopt rules in accordance with

19  chapter 120 to administer and distribute federal financial

20  predisaster and postdisaster assistance for prevention,

21  mitigation, preparedness, response, and recovery.

22         (v)  Do other things necessary, incidental, or

23  appropriate for the implementation of ss. 252.31-252.91.

24         Section 5.  Paragraph (b) of subsection (1) of section

25  252.38, Florida Statutes, is amended to read:

26         252.38  Emergency management powers of political

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

28  citizens is an innate responsibility of the governing body of

29  each political subdivision of the state.

30         (1)  COUNTIES.--

31


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    CS for SB 430                                 Second Engrossed



  1         (b)  Each county emergency management agency created

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

  3  director who shall be appointed and have an annual salary

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

  5  director must meet the minimum training and education

  6  qualifications established in a job description approved by

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

  8  county commissioners or the chief administrative officer of

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

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

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

12  conformance with applicable resolutions, ordinances, and laws.

13  A county constitutional officer, or an employee of a county

14  constitutional officer, may be appointed as director following

15  prior notification to the division. Each board of county

16  commissioners shall promptly inform the division of the

17  appointment of the director and other personnel. Each director

18  has direct responsibility for the organization,

19  administration, and operation of the county emergency

20  management agency, subject only to the direction and control

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

22  coordinate emergency management activities, services, and

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

24  division and other local emergency management agencies and

25  organizations.

26         Section 6.  Section 252.385, Florida Statutes, is

27  amended to read:

28         252.385  Public shelter space.--

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

30  state not have a deficit of safe public hurricane evacuation

31


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    CS for SB 430                                 Second Engrossed



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

  2  thereafter.

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

  4  existing schools, universities, community colleges, and other

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

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

  7  agrees to provide for use as a public hurricane evacuation

  8  shelter to identify those that are appropriately designed and

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

10  facilities must shall be given the opportunity to participate

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

12  community college boards of trustees, and the Department of

13  Education are responsible for coordinating and implementing

14  the survey of public schools, universities, and community

15  colleges with the division or the local emergency management

16  agency.

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

18  division shall annually provide to the President of the

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

20  Governor a list of facilities recommended to be retrofitted

21  using state funds. State funds should be maximized and

22  targeted to regional planning council regions counties with

23  hurricane evacuation shelter deficits. Retrofitting facilities

24  in regions with public hurricane evacuation shelter deficits

25  shall be given first priority and should be completed by 2003

26  1998.  All recommended appropriate facilities should be

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

28  hurricane evacuation shelter that is included on the list of

29  facilities recommended for retrofitting is not required to

30  perform any recommended improvements.

31


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    CS for SB 430                                 Second Engrossed



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

  2  postsecondary education facilities, and other facilities owned

  3  or leased by the state or local governments, but excluding

  4  hospitals or nursing homes, which are suitable for use as

  5  public hurricane evacuation shelters shall be made available

  6  at the request of the local emergency management agencies.

  7  Such agencies shall coordinate with the appropriate school

  8  board, university, community college, or local governing board

  9  when requesting the use of such facilities as public hurricane

10  evacuation shelters.

11         (b)  The Department of Management Services shall

12  incorporate provisions for the use of suitable leased public

13  facilities as public hurricane evacuation shelters into lease

14  agreements for state agencies. Suitable leased public

15  facilities include leased public facilities that are solely

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

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

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

19  net square footage of floor area must be determined by

20  subtracting from the gross square footage the square footage

21  of spaces such as mechanical and electrical rooms, storage

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

23  computer laboratories, shop or mechanical areas,

24  administrative offices, records vaults, and crawl spaces.

25         (c)  The Department of Management Services shall, in

26  consultation with local and state emergency management

27  agencies, assess Department of Management Services facilities

28  to identify the extent to which each facility has public

29  hurricane evacuation shelter space. The Department of

30  Management Services shall submit proposed facility retrofit

31  projects that incorporate hurricane protection enhancements to


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    CS for SB 430                                 Second Engrossed



  1  the department for assessment and inclusion in the annual

  2  report prepared in accordance with s. 252.385(3).

  3         Section 7.  Paragraph (c) of subsection (1) and

  4  subsection (2) of section 252.373, Florida Statutes, are

  5  amended to read:

  6         252.373  Allocation of funds; rules.--

  7         (1)  Funds appropriated from the Emergency Management,

  8  Preparedness, and Assistance Trust Fund shall be allocated by

  9  the Department of Community Affairs as follows:

10         (c)  Twenty percent for grants and loans to state or

11  regional agencies, local governments, and private

12  organizations to implement projects that will further state

13  and local emergency management objectives.  These projects

14  must include, but need not be limited to, projects that will

15  promote public education on disaster preparedness and recovery

16  issues, enhance coordination of relief efforts of statewide

17  private sector organizations, and improve the training and

18  operations capabilities of agencies assigned lead or support

19  responsibilities in the state comprehensive emergency

20  management plan, including the State Fire Marshal's Office for

21  coordinating the Florida fire services.  The division shall

22  establish criteria and procedures for competitive allocation

23  of these funds by rule.  No more than 5 percent of any award

24  made pursuant to this paragraph may be used for administrative

25  expenses. This competitive criteria must give priority

26  consideration to hurricane evacuation shelter retrofit

27  projects.

28         (2)  The distribution formula provided in subsection

29  (1) may be adjusted proportionally when necessary to meet any

30  matching requirements imposed as a condition of receiving

31  federal disaster relief assistance or planning funds.


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    CS for SB 430                                 Second Engrossed



  1         Section 8.  Section 252.51, Florida Statutes, is

  2  amended to read:

  3         252.51  Liability.--Any person or organization, public

  4  or private, owning or controlling real estate or other

  5  premises who voluntarily and without compensation, other than

  6  payment or reimbursement of costs and expenses, grants a

  7  license or privilege or otherwise permits the designation by

  8  the local emergency management agency or use of the whole or

  9  any part of such real estate or premises for the purpose of

10  sheltering persons during an actual, impending, mock, or

11  practice emergency, together with her or his successor in

12  interest, if any, shall not be liable for the death of, or

13  injury to, any person on or about such real estate or premises

14  during the actual, impending, mock, or practice emergency, or

15  for loss of, or damage to, the property of such person, solely

16  by reason or as a result of such license, privilege,

17  designation, or use, unless the gross negligence or the

18  willful and wanton misconduct of such person owning or

19  controlling such real estate or premises or her or his

20  successor in interest is the proximate cause of such death,

21  injury, loss, or damage occurring during such sheltering

22  period. Any such person or organization who provides such

23  shelter space for compensation shall be deemed to be an

24  instrumentality of the state or its applicable agency or

25  subdivision for the purposes of s. 768.28.

26         Section 9.  Section 252.855, Florida Statutes, is

27  repealed.

28         Section 10.  Subsections (1), (3), and (4) of section

29  252.355, Florida Statutes, are amended to read:

30         252.355  Registry of disabled persons with special

31  needs; notice.--


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    CS for SB 430                                 Second Engrossed



  1         (1)  In order to meet the special needs of persons who

  2  would need assistance during evacuations and sheltering

  3  because of physical, mental, or sensory disabilities or mental

  4  handicaps, each local emergency management agency in the state

  5  shall maintain a registry of disabled persons with special

  6  needs located within the jurisdiction of the local agency.

  7  The registration shall identify those persons in need of

  8  assistance and plan for resource allocation to meet those

  9  identified needs. To assist the local emergency management

10  agency in identifying such persons, the Department of Children

11  and Family Services, Department of Health, Agency for Health

12  Care Administration, Department of Labor and Employment

13  Security, and Department of Elderly Affairs shall provide

14  registration information to all of their special needs clients

15  and to all incoming clients as a part of the intake process.

16  The registry shall be updated annually.  The registration

17  program shall give disabled persons with special needs the

18  option of preauthorizing emergency response personnel to enter

19  their homes during search and rescue operations if necessary

20  to assure their safety and welfare following disasters.

21         (3)  All records, data, information, correspondence,

22  and communications relating to the registration of disabled

23  persons with special needs as provided in subsection (1) are

24  confidential and exempt from the provisions of s. 119.07(1),

25  except that such information shall be available to other

26  emergency response agencies, as determined by the local

27  emergency management director.

28         (4)  All appropriate agencies and community-based

29  service providers, including home health care providers, shall

30  assist emergency management agencies by collecting

31  registration information for persons people with special needs


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    CS for SB 430                                 Second Engrossed



  1  as part of program intake processes, establishing programs to

  2  increase the awareness of the registration process, and

  3  educating clients about the procedures that may be necessary

  4  for their safety during disasters. Clients of state or

  5  federally funded service programs with physical, mental, or

  6  sensory disabilities or mental handicaps who need assistance

  7  in evacuating, or when in shelters, must register as persons

  8  people with special needs.

  9         Section 11.  Section 381.0303, Florida Statutes, is

10  created to read:

11         381.0303  Health practitioner recruitment for special

12  needs shelters.--

13         (1)  PURPOSE.--The purpose of this section is to

14  designate the Department of Health, through its county health

15  departments, as the lead agency for coordination of the

16  recruitment of health care practitioners, as defined in s.

17  455.501(4), to staff special needs shelters in times of

18  emergency or disaster and to provide resources to the

19  department to carry out this responsibility. However, nothing

20  in this section prohibits a county health department from

21  entering into an agreement with a local emergency management

22  agency to assume the lead responsibility for recruiting health

23  care practitioners.

24         (2)  SPECIAL NEEDS SHELTER PLAN AND STAFFING.--Provided

25  funds have been appropriated to support medical services

26  disaster coordinator positions in county health departments,

27  the department shall assume lead responsibility for the local

28  coordination of local medical and health care providers, the

29  American Red Cross, and other interested parties in developing

30  a plan for the staffing and medical management of special

31


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    CS for SB 430                                 Second Engrossed



  1  needs shelters. The plan shall be in conformance with the

  2  local comprehensive emergency management plan.

  3         (a)  County health departments shall, in conjunction

  4  with the local emergency management agencies, have the lead

  5  responsibility for coordination of the recruitment of health

  6  care practitioners to staff local special needs shelters.

  7  County health departments shall assign their employees to work

  8  in special needs shelters when needed to protect the health of

  9  patients.

10         (b)  The appropriate county health department and local

11  emergency management agency shall jointly determine who has

12  responsibility for medical supervision in a special needs

13  shelter.

14         (c)  Local emergency management agencies shall be

15  responsible for the designation and operation of special needs

16  shelters during times of emergency or disaster. County health

17  departments shall assist the local emergency management agency

18  with regard to the management of medical services in special

19  needs shelters.

20         (3)  REIMBURSEMENT TO HEALTH CARE PRACTITIONERS.--The

21  Department of Health shall reimburse, subject to the

22  availability of funds for this purpose, health care

23  practitioners, as defined in s. 455.501, provided the

24  practitioner is not providing care to a patient under an

25  existing contract, and emergency medical technicians and

26  paramedics licensed pursuant to chapter 401 for medical care

27  provided at the request of the department in special needs

28  shelters or at other locations during times of emergency or

29  major disaster. Reimbursement for health care practitioners,

30  except for physicians licensed pursuant to chapter 458 or

31  chapter 459, shall be based on the average hourly rate that


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    CS for SB 430                                 Second Engrossed



  1  such practitioners were paid according to the most recent

  2  survey of Florida hospitals conducted by the Florida Hospital

  3  Association. Reimbursement shall be requested on forms

  4  prepared by the Department of Health. If a Presidential

  5  Disaster Declaration has been made, and the Federal Government

  6  makes funds available, the department shall use such funds for

  7  reimbursement of eligible expenditures. In other situations,

  8  or if federal funds do not fully compensate the department for

  9  reimbursement made pursuant to this section, the department

10  shall submit to the Cabinet or Legislature, as appropriate, a

11  budget amendment to obtain reimbursement from the working

12  capital fund. Travel expense and per diem costs shall be

13  reimbursed pursuant to s. 112.061.

14         (4)  HEALTH CARE PRACTITIONER REGISTRY.--The department

15  may use the registries established in ss. 401.273 and 455.718

16  when health care practitioners are needed to staff special

17  needs shelters or to staff disaster medical assistance teams.

18         (5)  SPECIAL NEEDS SHELTER INTERAGENCY COMMITTEE.--The

19  Department of Health may establish a special needs shelter

20  interagency committee, to be chaired and staffed by the

21  department. The committee shall resolve problems related to

22  special needs shelters not addressed in the state

23  comprehensive emergency medical plan and shall serve as an

24  oversight committee to monitor the planning and operation of

25  special needs shelters.

26         (a)  The committee may:

27         1.  On or before January 1, 2001, resolve questions

28  concerning the roles and responsibilities of state agencies

29  and other organizations that are necessary to implement the

30  program.

31


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    CS for SB 430                                 Second Engrossed



  1         2.  On or before January 1, 2001, identify any issues

  2  requiring additional legislation and funding.

  3         3.  Develop and negotiate any necessary interagency

  4  agreements.

  5         4.  Undertake other such activities as the department

  6  deems necessary to facilitate the implementation of this

  7  section.

  8         5.  Submit recommendations to the Legislature as

  9  necessary.

10         (b)  The special needs shelter interagency committee

11  shall be composed of representatives of emergency management,

12  health, medical, and social services organizations. Membership

13  shall include, but shall not be limited to, the Departments of

14  Community Affairs, Children and Family Services, Elderly

15  Affairs, Labor and Employment Security, and Education; the

16  Agency for Health Care Administration; the Florida Medical

17  Association; the Florida Osteopathic Medical Association;

18  Associated Home Health Industries of Florida, Inc.; the

19  Florida Nurses Association; the Florida Health Care

20  Association; the Florida Assisted Living Association; the

21  Florida Hospital Association; the Florida Statutory Teaching

22  Hospital Council; the Florida Association of Homes for the

23  Aging; the Florida Emergency Preparedness Association; the

24  American Red Cross; Florida Hospices, Inc.; the Association of

25  Community Hospitals and Health Systems; the Florida

26  Association of Health Maintenance Organizations; the Florida

27  League of Health Systems; Private Care Association; and the

28  Salvation Army.

29         (c)  Meetings of the committee shall be held in

30  Tallahassee and members of the committee shall serve at the

31  expense of the agencies or organizations they represent.


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    CS for SB 430                                 Second Engrossed



  1         (6)  RULES.--The department has the authority to adopt

  2  rules necessary to implement this section. Rules may include a

  3  definition of a special needs patient, specify physician

  4  reimbursement, and designate which county health departments

  5  will have responsibility for implementation of subsections (2)

  6  and (3).

  7         (7)  REVIEW OF EMERGENCY MANAGEMENT PLANS.--The

  8  submission of emergency management plans to county health

  9  departments by home health agencies pursuant to s.

10  400.497(11)(c) and (d) and by nurse registries pursuant to s.

11  400.506(16)(e) and by hospice programs pursuant to s.

12  400.610(1)(b) is conditional upon the receipt of an

13  appropriation by the department to establish medical services

14  disaster coordinator positions in county health departments

15  unless the Secretary of the department and a local county

16  commission jointly determine to require such plans to be

17  submitted based on a determination that there is a special

18  need to protect public health in the local area during an

19  emergency.

20         Section 12.  Section 400.492, Florida Statutes, is

21  created to read:

22         400.492  Provision of services during an

23  emergency.--Each home health agency shall prepare and maintain

24  a comprehensive emergency management plan that is consistent

25  with the standards adopted by national accreditation

26  organizations and consistent with the local special needs

27  plan. The plan shall be updated annually and shall provide for

28  continuing home health services during an emergency that

29  interrupts patient care or services in the patient's home. The

30  plan shall describe how the home health agency establishes and

31  maintains an effective response to emergencies and disasters,


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    CS for SB 430                                 Second Engrossed



  1  including: notifying staff when emergency response measures

  2  are initiated; providing for communication between staff

  3  members, county health departments, and local emergency

  4  management agencies, including a backup system; identifying

  5  resources necessary to continue essential care or services or

  6  referrals to other organizations subject to written agreement;

  7  and prioritizing and contacting patients who need continued

  8  care or services.

  9         (1)  Each patient record for patients who are listed in

10  the registry established pursuant to s. 252.355 shall include

11  a description of how care or services will be continued in the

12  event of an emergency or disaster. The home health agency

13  shall discuss the emergency provisions with the patient and

14  the patient's caregivers, including where and how the patient

15  is to evacuate, procedures for notifying the home health

16  agency in the event that the patient evacuates to a location

17  other than the shelter identified in the patient record, and a

18  list of medications and equipment which must either accompany

19  the patient or will be needed by the patient in the event of

20  an evacuation.

21         (2)  Each home health agency shall maintain a current

22  prioritized list of patients who need continued services

23  during an emergency. The list shall indicate how services

24  shall be continued in the event of an emergency or disaster

25  for each patient and if the patient is to be transported to a

26  special needs shelter, and shall indicate if the patient is

27  receiving skilled nursing services and the patient's

28  medication and equipment needs. The list shall be furnished to

29  county health departments and to local emergency management

30  agencies, upon request.

31


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    CS for SB 430                                 Second Engrossed



  1         (3)  Home health agencies shall not be required to

  2  continue to provide care to patients in emergency situations

  3  that are beyond their control and that make it impossible to

  4  provide services, such as when roads are impassable or when

  5  patients do not go to the location specified in their patient

  6  records.

  7         (4)  Notwithstanding the provisions of s. 400.464(2) or

  8  any other provision of law to the contrary, a home health

  9  agency may provide services in a special needs shelter located

10  in any county.

11         Section 13.  Subsection (1) of section 400.497, Florida

12  Statutes, is amended, and subsection (11) is added to said

13  section, to read:

14         400.497  Rules establishing minimum standards.--The

15  Agency for Health Care Administration shall adopt, publish,

16  and enforce rules to implement this part, including, as

17  applicable, ss. 400.506 and 400.509, which must provide

18  reasonable and fair minimum standards relating to:

19         (1)  Scope of home health services to be provided,

20  which shall include services to be provided during emergency

21  evacuation and sheltering.

22         (11)  Preparation of a comprehensive emergency

23  management plan pursuant to s. 400.492.

24         (a)  The Agency for Health Care Administration shall

25  adopt rules establishing minimum criteria for the plan and

26  plan updates, with the concurrence of the Department of Health

27  and in consultation with the Department of Community Affairs.

28         (b)  The rules must address the requirements in s.

29  400.492. In addition, the rules shall provide for the

30  maintenance of patient-specific medication lists that can

31  accompany patients who are transported from their homes.


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    CS for SB 430                                 Second Engrossed



  1         (c)  The plan is subject to review and approval by the

  2  county health department. During its review, the county health

  3  department shall ensure that the following agencies, at a

  4  minimum, are given the opportunity to review the plan:

  5         1.  The local emergency management agency.

  6         2.  The Agency for Health Care Administration.

  7         3.  The local chapter of the American Red Cross or

  8  other lead sheltering agency.

  9         4.  The district office of the Department of Children

10  and Family Services.

11

12  The county health department shall complete its review within

13  60 days after receipt of the plan and shall either approve the

14  plan or advise the home health agency of necessary revisions.

15         (d)  For any home health agency that operates in more

16  than one county, the Department of Health shall review the

17  plan, after consulting with all of the county health

18  departments, the agency, and all the local chapters of the

19  American Red Cross or other lead sheltering agencies in the

20  areas of operation for that particular home health agency. The

21  Department of Health shall complete its review within 90 days

22  after receipt of the plan and shall either approve the plan or

23  advise the home health agency of necessary revisions. The

24  Department of Health shall make every effort to avoid imposing

25  differing requirements based on differences between counties

26  on the home health agency.

27         (e)  The requirements in this subsection do not apply

28  to:

29         1.  A facility that is certified under chapter 651 and

30  has a licensed home health agency used exclusively by

31  residents of the facility; or


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    CS for SB 430                                 Second Engrossed



  1         2.  A retirement community that consists of residential

  2  units for independent living and either a licensed nursing

  3  home or an assisted living facility, and has a licensed home

  4  health agency used exclusively by the residents of the

  5  retirement community, provided the comprehensive emergency

  6  management plan for the facility or retirement community

  7  provides for continuous care of all residents with special

  8  needs during an emergency.

  9         Section 14.  Subsections (15), (16), and (17) of

10  section 400.506, Florida Statutes, are renumbered as

11  subsections (17), (18), and (19), respectively, and new

12  subsections (15) and (16) are added to said section to read:

13         400.506  Licensure of nurse registries; requirements;

14  penalties.--(15)  Nurse registries shall assist persons who

15  would need assistance and sheltering during evacuations

16  because of physical, mental, or sensory disabilities in

17  registering with the appropriate local emergency management

18  agency pursuant to s. 252.355.

19         (16)  Each nurse registry shall prepare and maintain a

20  comprehensive emergency management plan that is consistent

21  with the criteria in this subsection and with the local

22  special needs plan. The plan shall be updated annually. The

23  plan shall specify how the nurse registry shall facilitate the

24  provision of continuous care by persons referred for contract

25  to persons who are registered pursuant to s. 252.355 during an

26  emergency that interrupts the provision of care or services in

27  private residencies.

28         (a)  All persons referred for contract who care for

29  persons registered pursuant to s. 252.355 must include in the

30  patient record a description of how care will be continued

31  during a disaster or emergency that interrupts the provision


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    CS for SB 430                                 Second Engrossed



  1  of care in the patient's home. It shall be the responsibility

  2  of the person referred for contract to ensure that continuous

  3  care is provided.

  4         (b)  Each nurse registry shall maintain a current

  5  prioritized list of patients in private residences who are

  6  registered pursuant to s. 252.355 and are under the care of

  7  persons referred for contract and who need continued services

  8  during an emergency. This list shall indicate, for each

  9  patient, if the client is to be transported to a special needs

10  shelter and if the patient is receiving skilled nursing

11  services. Nurse registries shall make this list available to

12  county health departments and to local emergency management

13  agencies upon request.

14         (c)  Each person referred for contract who is caring

15  for a patient who is registered pursuant to s. 252.355 shall

16  provide a list of the patient's medication and equipment needs

17  to the nurse registry. Each person referred for contract shall

18  make this information available to county health departments

19  and to local emergency management agencies upon request.

20         (d)  Each person referred for contract shall not be

21  required to continue to provide care to patients in emergency

22  situations that are beyond the person's control and that make

23  it impossible to provide services, such as when roads are

24  impassable or when patients do not go to the location

25  specified in their patient records.

26         (e)  The comprehensive emergency management plan

27  required by this subsection is subject to review and approval

28  by the county health department. During its review, the county

29  health department shall ensure that, at a minimum, the local

30  emergency management agency, the Agency for Health Care

31  Administration, and the local chapter of the American Red


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    CS for SB 430                                 Second Engrossed



  1  Cross or other lead sheltering agency are given the

  2  opportunity to review the plan. The county health department

  3  shall complete its review within 60 days after receipt of the

  4  plan and shall either approve the plan or advise the nurse

  5  registry of necessary revisions.

  6         (f)  The Agency for Health Care Administration shall

  7  adopt rules establishing minimum criteria for the

  8  comprehensive emergency management plan and plan updates

  9  required by this subsection, with the concurrence of the

10  Department of Health and in consultation with the Department

11  of Community Affairs.

12         Section 15.  Paragraph (j) of subsection (1) of section

13  400.605, Florida Statutes, is amended to read:

14         400.605  Administration; forms; fees; rules;

15  inspections; fines.--

16         (1)  The department, in consultation with the agency,

17  shall by rule establish minimum standards and procedures for a

18  hospice. The rules must include:

19         (j)  Components of a comprehensive emergency management

20  plan, developed in consultation with the Department of Health,

21  the Department of Elderly Affairs, and the Department of

22  Community Affairs Component of a disaster preparedness plan.

23         Section 16.  Paragraph (f) is added to subsection (5)

24  of section 400.6095, Florida Statutes, to read:

25         400.6095  Patient admission; assessment; plan of care;

26  discharge; death.--

27         (5)  Each hospice, in collaboration with the patient

28  and the patient's primary or attending physician, shall

29  prepare and maintain a plan of care for each patient, and the

30  care provided to a patient must be in accordance with the plan

31


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    CS for SB 430                                 Second Engrossed



  1  of care. The plan of care shall be made a part of the

  2  patient's medical record and shall include, at a minimum:

  3         (f)  A description of how needed care and services will

  4  be provided in the event of an emergency.

  5         Section 17.  Paragraph (b) of subsection (1) of section

  6  400.610, Florida Statutes, is amended to read:

  7         400.610  Administration and management of a hospice.--

  8         (1)  A hospice shall have a clearly defined organized

  9  governing body, consisting of a minimum of seven persons who

10  are representative of the general population of the community

11  served. The governing body shall have autonomous authority and

12  responsibility for the operation of the hospice and shall meet

13  at least quarterly.  The governing body shall:

14         (b)1.  Prepare and maintain a comprehensive emergency

15  management plan that provides for continuing hospice services

16  in the event of an emergency that is consistent with local

17  special needs plans. The plan shall include provisions for

18  ensuring continuing care to hospice patients who go to special

19  needs shelters. The plan is subject to review and approval by

20  the county health department, except as provided in

21  subparagraph 2. During its review, the county health

22  department shall ensure that the department, the agency, and

23  the local chapter of the American Red Cross or other lead

24  sheltering agency have an opportunity to review and comment on

25  the plan. The county health department shall complete its

26  review within 60 days after receipt of the plan and shall

27  either approve the plan or advise the hospice of necessary

28  revisions Prepare a disaster preparedness plan.

29         2.  For any hospice that operates in more than one

30  county, the Department of Health shall review the plan, after

31  consulting with all of the county health departments, the


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    CS for SB 430                                 Second Engrossed



  1  agency, and all the local chapters of the American Red Cross

  2  or other lead sheltering agency in the areas of operation for

  3  that particular hospice. The Department of Health shall

  4  complete its review within 90 days after receipt of the plan

  5  and shall either approve the plan or advise the hospice of

  6  necessary revisions. The Department of Health shall make every

  7  effort to avoid imposing on the hospice differing requirements

  8  based on differences between counties.

  9         Section 18.  Section 401.273, Florida Statutes, is

10  created to read:

11         401.273  Emergency medical technician and paramedic

12  registry for disasters and emergencies.--

13         (1)  The department shall include on its forms for the

14  certification or recertification of emergency medical

15  technicians and paramedics who could assist the department in

16  the event of a disaster a question asking if the practitioner

17  would be available to provide health care services in special

18  needs shelters or to help staff disaster medical assistance

19  teams during times of emergency or major disaster. The names

20  of the emergency medical technicians and paramedics who answer

21  affirmatively shall be maintained by the department as a

22  registry for disasters and emergencies.

23         (2)  A certificateholder may perform the functions of

24  an emergency medical technician or paramedic in a special

25  needs shelter or as a member of a disaster medical assistance

26  team, provided that such functions are performed only under

27  the medical direction of a physician who is licensed under

28  chapter 458 or chapter 459 and who has complied with the

29  formal supervision requirements of s. 458.348.

30         Section 19.  Subsection (12) is added to section

31  408.15, Florida Statutes, to read:


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    CS for SB 430                                 Second Engrossed



  1         408.15  Powers of the agency.--In addition to the

  2  powers granted to the agency elsewhere in this chapter, the

  3  agency is authorized to:

  4         (12)  Establish, in coordination with the Department of

  5  Health, uniform standards of care to be provided in special

  6  needs units or shelters during times of emergency or major

  7  disaster.

  8         Section 20.  Section 455.718, Florida Statutes, is

  9  created to read:

10         455.718  Health care practitioner registry for

11  disasters and emergencies.--The Department of Health may

12  include on its forms for the licensure or certification of

13  health care practitioners, as defined in s. 455.501, who could

14  assist the department in the event of a disaster a question

15  asking if the practitioner would be available to provide

16  health care services in special needs shelters or to help

17  staff disaster medical assistance teams during times of

18  emergency or major disaster. The names of practitioners who

19  answer affirmatively shall be maintained by the department as

20  a health care practitioner registry for disasters and

21  emergencies.

22         Section 21.  State agencies that contract with

23  providers for the care of persons with disabilities or

24  limitations that make such persons dependent upon the care of

25  others shall include emergency and disaster planning

26  provisions in such contracts at the time the contracts are

27  initiated or upon renewal. These provisions shall include, but

28  shall not be limited to:

29         (1)  The designation of an emergency coordinating

30  officer.

31


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    CS for SB 430                                 Second Engrossed



  1         (2)  A procedure to contact, prior to or immediately

  2  following an emergency or disaster, all persons, on a priority

  3  basis, who need assistance and sheltering during evacuations

  4  because of physical, mental, or sensory disabilities and whose

  5  care is provided under the contract.

  6         (3)  A procedure to help persons who would need

  7  assistance and sheltering during evacuations because of

  8  physical, mental, or sensory disabilities register with the

  9  local emergency management agency as provided in section

10  252.355, Florida Statutes.

11         (4)  A procedure to dispatch the emergency coordinating

12  officer or other staff members to special needs shelters to

13  assist clients with special needs, if necessary.

14         (5)  A procedure for providing the essential services

15  the organization currently provides to special needs clients

16  in preparation for, and during and following, a disaster.

17         Section 22.  (1)  There is appropriated $600,000 for

18  fiscal year 2000-2001 from the General Revenue Fund and two

19  full-time equivalent positions to the Department of Health to

20  implement this act.

21         (2)  Each provision of this act will be implemented to

22  the extent that funds are specifically appropriated for it or

23  that funds are available from federal or local sources for a

24  specific provision.

25         Section 23.  This act shall take effect October 1,

26  2000.

27

28

29

30

31


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