CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 431
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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11 The Committee on General Appropriations offered the following:
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13 Amendment (with title amendment)
14 On page 2, line 22 through page 8, line 6
15 remove from the bill: all of said lines
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17 and insert in lieu thereof:
18 Section 1. Subsections (1) and (2) of section 215.559,
19 Florida Statutes, are amended to read:
20 215.559 Hurricane Loss Mitigation--Program.--
21 (1) There is created a Hurricane Loss Mitigation
22 Program. The Legislature shall annually appropriate $10 $7
23 million of the moneys authorized for appropriation under s.
24 215.555(7)(c) from the Florida Hurricane Catastrophe Fund to
25 the Department of Community Affairs for the purposes set forth
26 in this section.
27 (2) (a) Seven million dollars in The funds provided in
28 subsection (1) shall be used for programs to improve the wind
29 resistance of residences and mobile homes, including loans,
30 subsidies, grants, demonstration projects, and direct
31 assistance; cooperative programs with local governments and
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HOUSE AMENDMENT
Bill No. HB 431
Amendment No. (for drafter's use only)
1 the Federal Government; and other efforts to prevent or reduce
2 losses or reduce the cost of rebuilding after a disaster.
3 (b) Three million dollars in funds provided in
4 subsection (1) shall be used to retrofit existing facilities
5 used as public hurricane shelters. The department must
6 prioritize the use of these funds for projects included in the
7 September 1, 2000, version of the Shelter Retrofit Report
8 prepared in accordance with s. 252.385(3), and each annual
9 report thereafter. The department must give funding priority
10 to projects in regional planning council regions that have
11 shelter deficits and to projects that maximize use of state
12 funds.
13 Section 2. Subsection (9) of section 235.26, Florida
14 Statutes, is amended to read:
15 235.26 State Uniform Building Code for Public
16 Educational Facilities Construction.--The Commissioner of
17 Education shall adopt a uniform statewide building code for
18 the planning and construction of public educational and
19 ancillary plants by district school boards and community
20 college district boards of trustees. The code must be entitled
21 the State Uniform Building Code for Public Educational
22 Facilities Construction. Included in this code must be flood
23 plain management criteria in compliance with the rules and
24 regulations in 44 C.F.R. parts 59 and 60, and subsequent
25 revisions thereto which are adopted by the Federal Emergency
26 Management Agency. Wherever the words "Uniform Building Code"
27 appear, they mean the "State Uniform Building Code for Public
28 Educational Facilities Construction." It is not a purpose of
29 the Uniform Building Code to inhibit the use of new materials
30 or innovative techniques; nor may it specify or prohibit
31 materials by brand names. The code must be flexible enough to
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HOUSE AMENDMENT
Bill No. HB 431
Amendment No. (for drafter's use only)
1 cover all phases of construction so as to afford reasonable
2 protection for the public safety, health, and general welfare.
3 The department may secure the service of other state agencies
4 or such other assistance as it finds desirable in revising the
5 code.
6 (9) EDUCATION FACILITIES AS EMERGENCY SHELTERS.--
7 (a) The Department of Education shall, in consultation
8 with boards and county and state emergency management offices,
9 amend the State Uniform Building Code for Public Educational
10 Facilities Construction to incorporate public shelter design
11 criteria into the Uniform Building Code. The new criteria must
12 be designed to ensure that appropriate core facility areas in
13 new educational facilities can serve as public shelters for
14 emergency management purposes. The Commissioner of Education
15 shall publish proposed amendments to the State Uniform
16 Building Code for Public Educational Facilities Construction
17 setting forth the public-shelter criteria by July 1, 1995. A
18 facility, or an appropriate core facility area within a
19 facility, for which a design contract is entered into
20 subsequent to the effective date of the inclusion of the
21 public shelter criteria in the code must be built in
22 compliance with the amended code unless the facility or a part
23 thereof is exempted from using the new shelter criteria due to
24 its location, size, or other characteristics by the applicable
25 board with the concurrence of the applicable local emergency
26 management agency or the Department of Community Affairs. Any
27 educational facility located or proposed to be located in an
28 identified category 1, 2, or 3 evacuation zone is not subject
29 to the requirements of this subsection. If the regional
30 planning council region in which the county is located does
31 not have a hurricane evacuation shelter deficit, as determined
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HOUSE AMENDMENT
Bill No. HB 431
Amendment No. (for drafter's use only)
1 by the Department of Community Affairs, school districts
2 within the planning council region are not If more than one
3 educational facility is being constructed within any 3-mile
4 radius, no more than one facility, which must be selected on
5 the basis of cost-effectiveness and greatest provision of
6 shelter space, is required to incorporate the public shelter
7 criteria into its construction of educational facilities.
8 (b) By January 31, 1996, and by January 31 every
9 even-numbered year thereafter, the Department of Community
10 Affairs shall prepare and submit a statewide emergency shelter
11 plan to the Governor and the Cabinet for approval. The plan
12 must identify the general location and square footage of
13 existing shelters, by regional planning council region county,
14 and the general location and square footage of needed
15 shelters, by regional planning council region county, in the
16 next 5 years. Such plan must identify the types of public
17 facilities which should be constructed to comply with
18 emergency shelter criteria and must recommend an appropriate,
19 adequate, and dedicated source of funding for the additional
20 cost of constructing emergency shelters within these public
21 facilities. After the approval of the plan, a board may not be
22 required to build more emergency shelter space than identified
23 as needed in the plan, and decisions pertaining to exemptions
24 pursuant to paragraph (a) must be guided by the plan and by
25 this subsection.
26 Section 3. Subsection (4) of section 240.295, Florida
27 Statutes, is amended to read:
28 240.295 State University System; authorization for
29 fixed capital outlay projects.--
30 (4) The Board of Regents shall, in consultation with
31 local and state emergency management agencies, assess existing
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HOUSE AMENDMENT
Bill No. HB 431
Amendment No. (for drafter's use only)
1 facilities to identify the extent to which each campus has
2 public hurricane evacuation shelter space. The board shall
3 submit to the Governor and the Legislature by August 1 of each
4 year a 5-year capital improvements program that identifies new
5 or retrofitted facilities that will incorporate enhanced
6 hurricane resistance standards and that can be used as public
7 hurricane evacuation shelters. Enhanced hurricane resistance
8 standards include fixed passive protection for window and door
9 applications to provide mitigation protection, security
10 protection with egress, and energy efficiencies that meet
11 standards required in the 130-mile-per-hour wind zone areas.
12 The board must also submit proposed facility retrofit projects
13 to the Department of Community Affairs for assessment and
14 inclusion in the annual report prepared in accordance with s.
15 252.385(3). adequate to house those students, faculty, and
16 employees expected to seek public shelter prior to or during a
17 disaster and those other persons for which the campus has
18 agreed with the local emergency management agency or other
19 voluntary organization to provide shelter space. The board
20 shall submit a report describing the results of its assessment
21 to the Governor and the Legislature by February 1, 1994. At
22 the discretion of the board, this report may be accompanied by
23 a list of proposed improvements to existing buildings to
24 improve shelter capacity and an estimate of the costs
25 associated with implementing these improvements. Until a
26 regional planning council region in which a campus is located
27 has sufficient public hurricane evacuation shelter space, any
28 campus building for which a design contract is entered into
29 subsequent to July 1, 2001 1994, and which has been identified
30 by the board, with the concurrence of the local emergency
31 management agency or the Department of Community Affairs, to
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HOUSE AMENDMENT
Bill No. HB 431
Amendment No. (for drafter's use only)
1 be appropriate for use as a public hurricane evacuation
2 shelter, must be constructed in accordance with public shelter
3 standards unless the board, with the concurrence of the local
4 emergency management agency or the Department of Community
5 Affairs, exempts the building or part thereof from shelter
6 standards because of its location, size, or other
7 characteristic.
8 Section 4. Subsection (2) of section 252.35, Florida
9 Statutes, is amended to read:
10 252.35 Emergency management powers; Division of
11 Emergency Management.--
12 (2) The division is responsible for carrying out the
13 provisions of ss. 252.31-252.91. In performing its duties
14 under ss. 252.31-252.91, the division shall:
15 (a) Prepare a state comprehensive emergency management
16 plan, which shall be integrated into and coordinated with the
17 emergency management plans and programs of the Federal
18 Government. The division must adopt the plan as a rule in
19 accordance with chapter 120. The plan shall be implemented by
20 a continuous, integrated comprehensive emergency management
21 program. The plan must contain provisions to ensure that the
22 state is prepared for emergencies and minor, major, and
23 catastrophic disasters, and the division shall work closely
24 with local governments and agencies and organizations with
25 emergency management responsibilities in preparing and
26 maintaining the plan. The state comprehensive emergency
27 management plan shall be operations oriented and:
28 1. Include an evacuation component that includes
29 specific regional and interregional planning provisions and
30 promotes intergovernmental coordination of evacuation
31 activities. This component must, at a minimum: contain
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HOUSE AMENDMENT
Bill No. HB 431
Amendment No. (for drafter's use only)
1 guidelines for lifting tolls on state highways; ensure
2 coordination pertaining to evacuees crossing county lines; set
3 forth procedures for directing people caught on evacuation
4 routes to safe shelter; establish strategies for ensuring
5 sufficient, reasonably priced fueling locations along
6 evacuation routes; and establish policies and strategies for
7 emergency medical evacuations.
8 2. Include a shelter component that includes specific
9 regional and interregional planning provisions and promotes
10 coordination of shelter activities between the public,
11 private, and nonprofit sectors. This component must, at a
12 minimum: contain strategies to ensure the availability of
13 adequate public shelter space in each region of the state;
14 establish strategies for refuge-of-last-resort programs;
15 provide strategies to assist local emergency management
16 efforts to ensure that adequate staffing plans exist for all
17 shelters, including medical and security personnel; provide
18 for a postdisaster communications system for public shelters;
19 establish model shelter guidelines for operations,
20 registration, inventory, power generation capability,
21 information management, and staffing; and set forth policy
22 guidance for sheltering people with special needs.
23 3. Include a postdisaster response and recovery
24 component that includes specific regional and interregional
25 planning provisions and promotes intergovernmental
26 coordination of postdisaster response and recovery activities.
27 This component must provide for postdisaster response and
28 recovery strategies according to whether a disaster is minor,
29 major, or catastrophic. The postdisaster response and recovery
30 component must, at a minimum: establish the structure of the
31 state's postdisaster response and recovery organization;
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HOUSE AMENDMENT
Bill No. HB 431
Amendment No. (for drafter's use only)
1 establish procedures for activating the state's plan; set
2 forth policies used to guide postdisaster response and
3 recovery activities; describe the chain of command during the
4 postdisaster response and recovery period; describe initial
5 and continuous postdisaster response and recovery actions;
6 identify the roles and responsibilities of each involved
7 agency and organization; provide for a comprehensive
8 communications plan; establish procedures for monitoring
9 mutual aid agreements; provide for rapid impact assessment
10 teams; ensure the availability of an effective statewide urban
11 search and rescue program coordinated with the fire services;
12 ensure the existence of a comprehensive statewide medical care
13 and relief plan administered by the Department of Health; and
14 establish systems for coordinating volunteers and accepting
15 and distributing donated funds and goods.
16 4. Include additional provisions addressing aspects of
17 preparedness, response, recovery, and mitigation as determined
18 necessary by the division.
19 5. Address the need for coordinated and expeditious
20 deployment of state resources, including the Florida National
21 Guard. In the case of an imminent major disaster, procedures
22 should address predeployment of the Florida National Guard,
23 and, in the case of an imminent catastrophic disaster,
24 procedures should address predeployment of the Florida
25 National Guard and the United States Armed Forces.
26 6. Establish a system of communications and warning to
27 ensure that the state's population and emergency management
28 agencies are warned of developing emergency situations and can
29 communicate emergency response decisions.
30 7. Establish guidelines and schedules for annual
31 exercises that evaluate the ability of the state and its
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HOUSE AMENDMENT
Bill No. HB 431
Amendment No. (for drafter's use only)
1 political subdivisions to respond to minor, major, and
2 catastrophic disasters and support local emergency management
3 agencies. Such exercises shall be coordinated with local
4 governments and, to the extent possible, the Federal
5 Government.
6 8. Assign lead and support responsibilities to state
7 agencies and personnel for emergency support functions and
8 other support activities.
9
10 The division shall prepare an interim postdisaster response
11 and recovery component that substantially complies with the
12 provisions of this paragraph by June 1, 1993. Each state
13 agency assigned lead responsibility for an emergency support
14 function by the state comprehensive emergency management plan
15 shall also prepare a detailed operational plan needed to
16 implement its responsibilities by June 1, 1993. The complete
17 state comprehensive emergency management plan shall be
18 submitted to the President of the Senate, the Speaker of the
19 House of Representatives, and the Governor no later than
20 February 1, 1994, and on February 1 of every even-numbered
21 year thereafter.
22 (b) Adopt standards and requirements for county
23 emergency management plans. The standards and requirements
24 must ensure that county plans are coordinated and consistent
25 with the state comprehensive emergency management plan. If a
26 municipality elects to establish an emergency management
27 program, it must adopt a city emergency management plan that
28 complies with all standards and requirements applicable to
29 county emergency management plans.
30 (c) Assist political subdivisions in preparing and
31 maintaining emergency management plans.
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Bill No. HB 431
Amendment No. (for drafter's use only)
1 (d) Review periodically political subdivision
2 emergency management plans for consistency with the state
3 comprehensive emergency management plan and standards and
4 requirements adopted under this section.
5 (e) Cooperate with the President, the heads of the
6 Armed Forces, the various federal emergency management
7 agencies, and the officers and agencies of other states in
8 matters pertaining to emergency management in the state and
9 the nation and incidents thereof and, in connection therewith,
10 take any measures that it deems proper to carry into effect
11 any request of the President and the appropriate federal
12 officers and agencies for any emergency management action,
13 including the direction or control of:
14 1. Emergency management drills, tests, or exercises of
15 whatever nature.
16 2. Warnings and signals for tests and drills, attacks,
17 or other imminent emergencies or threats thereof and the
18 mechanical devices to be used in connection with such warnings
19 and signals.
20 (f) Make recommendations to the Legislature, building
21 code organizations, and political subdivisions for zoning,
22 building, and other land use controls; safety measures for
23 securing mobile homes or other nonpermanent or semipermanent
24 structures; and other preparedness, prevention, and mitigation
25 measures designed to eliminate emergencies or reduce their
26 impact.
27 (g) In accordance with the state comprehensive
28 emergency management plan and program for emergency
29 management, ascertain the requirements of the state and its
30 political subdivisions for equipment and supplies of all kinds
31 in the event of an emergency; plan for and either procure
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HOUSE AMENDMENT
Bill No. HB 431
Amendment No. (for drafter's use only)
1 supplies, medicines, materials, and equipment or enter into
2 memoranda of agreement or open purchase orders that will
3 ensure their availability; and use and employ from time to
4 time any of the property, services, and resources within the
5 state in accordance with ss. 252.31-252.91.
6 (h) Anticipate trends and promote innovations that
7 will enhance the emergency management system.
8 (i) Institute statewide public awareness programs.
9 This shall include an intensive public educational campaign on
10 emergency preparedness issues.
11 (j) Prepare and distribute to appropriate state and
12 local officials catalogs of federal, state, and private
13 assistance programs.
14 (k) Coordinate federal, state, and local emergency
15 management activities and take all other steps, including the
16 partial or full mobilization of emergency management forces
17 and organizations in advance of an actual emergency, to ensure
18 the availability of adequately trained and equipped forces of
19 emergency management personnel before, during, and after
20 emergencies and disasters.
21 (l) Establish a schedule of fees that may be charged
22 by local emergency management agencies for review of emergency
23 management plans on behalf of external agencies and
24 institutions. In establishing such schedule, the division
25 shall consider facility size, review complexity, and other
26 factors.
27 (m) Implement training programs to improve the ability
28 of state and local emergency management personnel to prepare
29 and implement emergency management plans and programs. This
30 shall include a continuous training program for agencies and
31 individuals that will be called on to perform key roles in
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HOUSE AMENDMENT
Bill No. HB 431
Amendment No. (for drafter's use only)
1 state and local postdisaster response and recovery efforts and
2 for local government personnel on federal and state
3 postdisaster response and recovery strategies and procedures.
4 (n) Review periodically emergency operating procedures
5 of state agencies and recommend revisions as needed to ensure
6 consistency with the state comprehensive emergency management
7 plan and program.
8 (o) Make such surveys of industries, resources, and
9 facilities within the state, both public and private, as are
10 necessary to carry out the purposes of ss. 252.31-252.91.
11 (p) Prepare, in advance whenever possible, such
12 executive orders, proclamations, and rules for issuance by the
13 Governor as are necessary or appropriate for coping with
14 emergencies and disasters.
15 (q) Cooperate with the Federal Government and any
16 public or private agency or entity in achieving any purpose of
17 ss. 252.31-252.91 and in implementing programs for mitigation,
18 preparation, response, and recovery.
19 (r) Assist political subdivisions with the creation
20 and training of urban search and rescue teams and promote the
21 development and maintenance of a state urban search and rescue
22 program.
23 (s) Delegate, as necessary and appropriate, authority
24 vested in it under ss. 252.31-252.91 and provide for the
25 subdelegation of such authority.
26 (t) Report biennially to the President of the Senate,
27 the Speaker of the House of Representatives, and the Governor,
28 no later than February 1 of every odd-numbered year, the
29 status of the emergency management capabilities of the state
30 and its political subdivisions.
31 (u) In accordance with chapter 120, create, implement,
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HOUSE AMENDMENT
Bill No. HB 431
Amendment No. (for drafter's use only)
1 administer, adoptpromulgate, amend, and rescind rules,
2 programs, and plans needed to carry out the provisions of ss.
3 252.31-252.91 with due consideration for, and in cooperating
4 with, the plans and programs of the Federal Government. In
5 addition, the division may adopt rules in accordance with
6 chapter 120 to administer and distribute federal financial
7 predisaster and postdisaster assistance for prevention,
8 mitigation, preparedness, response, and recovery.
9 (v) Do other things necessary, incidental, or
10 appropriate for the implementation of ss. 252.31-252.91.
11 Section 5. Paragraph (b) of subsection (1) of section
12 252.38, Florida Statutes, is amended to read:
13 252.38 Emergency management powers of political
14 subdivisions.--Safeguarding the life and property of its
15 citizens is an innate responsibility of the governing body of
16 each political subdivision of the state.
17 (1) COUNTIES.--
18 (b) Each county emergency management agency created
19 and established pursuant to ss. 252.31-252.91 shall have a
20 director who shall be appointed and have an annual salary
21 fixed by the board of county commissioners of the county. The
22 director must meet the minimum training and education
23 qualifications established in a job description approved by
24 the county. The director shall be appointed by the board of
25 county commissioners or the chief administrative officer of
26 the county, as described in chapter 125 or the county charter,
27 if applicable, to serve at the pleasure of the appointing
28 authority board, subject to their direction and control, in
29 conformance with applicable resolutions, ordinances, and laws.
30 A county constitutional officer, or an employee of a county
31 constitutional officer, may be appointed as director following
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HOUSE AMENDMENT
Bill No. HB 431
Amendment No. (for drafter's use only)
1 prior notification to 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
8 coordinate emergency management activities, services, and
9 programs within the county and shall serve as liaison to the
10 division and other local emergency management agencies and
11 organizations.
12 Section 6. Section 252.385, Florida Statutes, is
13 amended to read:
14 252.385 Public shelter space.--
15 (1) It is the intent of the Legislature that this
16 state not have a deficit of safe public shelter space in any
17 region of the state by 1998 and thereafter.
18 (2) The division shall administer a program to survey
19 existing schools, universities, community colleges, and other
20 state-owned, municipally owned, and county-owned public
21 buildings and any private facility that the owner, in writing,
22 agrees to provide for use as a public hurricane evacuation
23 shelter to identify those that are appropriately designed and
24 located to serve as such shelters. The owners of the
25 facilities must shall be given the opportunity to participate
26 in the surveys. The Board of Regents, district school boards,
27 community college boards of trustees, and the Department of
28 Education are responsible for coordinating and implementing
29 the survey of public schools, universities, and community
30 colleges with the division or the local emergency management
31 agency.
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HOUSE AMENDMENT
Bill No. HB 431
Amendment No. (for drafter's use only)
1 (3) Beginning no later than September 1, 1994, The
2 division shall annually provide to the President of the
3 Senate, the Speaker of the House of Representatives, and the
4 Governor a list of facilities recommended to be retrofitted
5 using state funds. State funds should be maximized and
6 targeted to regional planning council regions counties with
7 hurricane evacuation shelter deficits. Retrofitting facilities
8 in regions with public shelter deficits shall be given first
9 priority and should be completed by 2003 1998. All
10 recommended appropriate facilities should be retrofitted by
11 2008 2003. The owner or lessee of a public hurricane
12 evacuation shelter that is included on the list of facilities
13 recommended for retrofitting is not required to perform any
14 recommended improvements.
15 (4)(a) Public facilities, including schools,
16 postsecondary education facilities, and other facilities owned
17 or leased by the state or local governments, but excluding
18 hospitals or nursing homes, which are suitable for use as
19 public hurricane evacuation shelters shall be made available
20 at the request of the local emergency management agencies.
21 Such agencies shall coordinate with the appropriate school
22 board, university, community college, or local governing board
23 when requesting the use of such facilities as public hurricane
24 evacuation shelters.
25 (b) The Department of Management Services shall
26 incorporate provisions for the use of suitable leased public
27 facilities as public hurricane evacuation shelters into lease
28 agreements for state agencies. Suitable leased public
29 facilities include leased public facilities that are solely
30 occupied by state agencies and have at least 2,000 square feet
31 of net floor area in a single room or in a combination of
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HOUSE AMENDMENT
Bill No. HB 431
Amendment No. (for drafter's use only)
1 rooms having a minimum of 400 square feet in each room. The
2 net square footage of floor area must be determined by
3 subtracting from the gross square footage of spaces such as
4 mechanical and electrical rooms, storage rooms, open
5 corridors, restrooms, kitchens, science or computer
6 laboratories, shop or mechanical areas, administrative
7 offices, records vaults, and crawl spaces.
8 (c) The Department of Management Services shall, in
9 consultation with local and state emergency management
10 agencies, assess Department of Management Services facilities
11 to identify the extent to which each facility has public
12 hurricane evacuation shelter space. The Department of
13 Management Services shall submit proposed facility retrofit
14 projects that incorporate hurricane protection enhancements to
15 the department for assessment and inclusion in the annual
16 report prepared in accordance with s. 252.385(3).
17 Section 7. Paragraph (c) of subsection (1) and
18 subsection (2) of section 252.373, Florida Statutes, are
19 amended to read:
20 252.373 Allocation of funds; rules.--
21 (1) Funds appropriated from the Emergency Management,
22 Preparedness, and Assistance Trust Fund shall be allocated by
23 the Department of Community Affairs as follows:
24 (c) Twenty percent for grants and loans to state or
25 regional agencies, local governments, and private
26 organizations to implement projects that will further state
27 and local emergency management objectives. These projects
28 must include, but need not be limited to, projects that will
29 promote public education on disaster preparedness and recovery
30 issues, enhance coordination of relief efforts of statewide
31 private sector organizations, and improve the training and
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HOUSE AMENDMENT
Bill No. HB 431
Amendment No. (for drafter's use only)
1 operations capabilities of agencies assigned lead or support
2 responsibilities in the state comprehensive emergency
3 management plan, including the State Fire Marshal's Office for
4 coordinating the Florida fire services. The division shall
5 establish criteria and procedures for competitive allocation
6 of these funds by rule. No more than 5 percent of any award
7 made pursuant to this paragraph may be used for administrative
8 expenses. This competitive criteria must give priority
9 consideration to hurricane evacuation shelter retrofit
10 projects.
11 (2) The distribution formula provided in subsection
12 (1) may be adjusted proportionally when necessary to meet any
13 matching requirements imposed as a condition of receiving
14 federal disaster relief assistance or planning funds.
15 Section 8. Section 252.51, Florida Statutes, is
16 amended to read:
17 252.51 Liability.--Any person or organization, public
18 or private, owning or controlling real estate or other
19 premises who voluntarily and without compensation other than
20 payment or reimbursement of costs and expenses, grants a
21 license or privilege or otherwise permits the designation by
22 the local emergency management agency or use of the whole or
23 any part of such real estate or premises for the purpose of
24 sheltering persons during an actual, impending, mock, or
25 practice emergency, together with her or his successor in
26 interest, if any, shall not be liable for the death of, or
27 injury to, any person on or about such real estate or premises
28 during the actual, impending, mock, or practice emergency, or
29 for loss of, or damage to, the property of such person, solely
30 by reason or as a result of such license, privilege,
31 designation, or use, unless the gross negligence or the
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HOUSE AMENDMENT
Bill No. HB 431
Amendment No. (for drafter's use only)
1 willful and wanton misconduct of such person owning or
2 controlling such real estate or premises or her or his
3 successor in interest is the proximate cause of such death,
4 injury, loss, or damage occurring during such sheltering
5 period. Any such person or organization who provides such
6 shelter space for compensation shall be deemed to be an
7 instrumentality of the state or its applicable agency or
8 subdivision for the purposes of s. 768.28.
9 Section 9. Section 252.855, Florida Statutes, is
10 repealed.
11 Section 10. This act shall take effect July 1, 2000.
12
13
14 ================ T I T L E A M E N D M E N T ===============
15 And the title is amended as follows:
16 On page 1, line 1 through page 2, line 18
17 remove from the title of the bill: all of said lines
18
19 and insert in lieu thereof:
20 An act relating to emergency management; s.
21 215.559, F.S.; revising the amount of the
22 annual appropriation from the Florida Hurricane
23 Catastrophe Fund; requiring that funds from
24 such appropriation be used for additional
25 purposes; amending s. 235.26, F.S.; deleting an
26 exemption from the requirement that certain
27 educational facilities be constructed as public
28 shelters; amending s. 240.295, F.S.;
29 prescribing duties of the Board of Regents with
30 respect to identifying public hurricane
31 evacuation shelter space on certain campuses;
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HOUSE AMENDMENT
Bill No. HB 431
Amendment No. (for drafter's use only)
1 requiring the submission of a capital
2 improvements program; deleting a requirement
3 for the submission of a report; revising a
4 condition precedent to a requirement for
5 specified building construction standards;
6 revising applicability; removing an exemption;
7 amending s. 252.35, F.S.; requiring that the
8 Division of Emergency Management of the
9 Department of Community Affairs adopt the state
10 comprehensive emergency management plan as a
11 rule; authorizing the division to adopt rules
12 to administer and distribute federal financial
13 assistance; amending s. 252.38, F.S.; revising
14 provisions governing the appointment and
15 control of the director of the county emergency
16 management agency; amending s. 252.385, F.S.;
17 revising legislative intent; including certain
18 private facilities within a survey of
19 prospective public hurricane evacuation
20 shelters; including district school boards and
21 community college boards of trustees among
22 those coordinating and implementing such
23 survey; revising completion dates for the
24 retrofitting of specified facilities; exempting
25 the owner or lessee of a shelter scheduled for
26 retrofitting from a requirement to make certain
27 improvements; providing that specified public
28 facilities be made available as public
29 hurricane evacuation shelters; requiring the
30 Department of Management Services to
31 incorporate public hurricane evacuation shelter
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HOUSE AMENDMENT
Bill No. HB 431
Amendment No. (for drafter's use only)
1 provisions into lease agreements for state
2 agencies; providing specifications for suitable
3 leased public facilities; requiring that the
4 department assess facilities to identify
5 shelter space for hurricane evacuations;
6 amending s. 252.373, F.S.; providing criteria
7 for prioritizing retrofit projects for
8 hurricane evacuation shelters; amending s.
9 252.51, F.S.; designating owners or property
10 renting such property as a public shelter as
11 agents of the state under certain
12 circumstances; repealing s. 252.855, F.S.,
13 relating to reporting forms for specified
14 storage tank registration programs and annual
15 fee payments for reports by certain petroleum
16 distributors and retail outlets; providing an
17 effective date.
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File original & 9 copies 04/12/00
hap0008 10:35 am 00431-ga -450871