House Bill 0431e1

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                                           HB 431, First Engrossed



  1                      A bill to be entitled

  2         An act relating to emergency management; s.

  3         215.559, F.S.; revising the amount of the

  4         annual appropriation from the Florida Hurricane

  5         Catastrophe Fund; requiring that funds from

  6         such appropriation be used for additional

  7         purposes; amending s. 235.26, F.S.; deleting an

  8         exemption from the requirement that certain

  9         educational facilities be constructed as public

10         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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                                           HB 431, First 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; amending s.

22         252.51, F.S.; designating owners or property

23         renting such property as a public shelter as

24         agents of the state under certain

25         circumstances; repealing s. 252.855, F.S.,

26         relating to reporting forms for specified

27         storage tank registration programs and annual

28         fee payments for reports by certain petroleum

29         distributors and retail outlets; providing an

30         effective date.

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                                           HB 431, First Engrossed



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

  2

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

  4  Florida Statutes, are amended to read:

  5         215.559  Hurricane Loss Mitigation--Program.--

  6         (1)  There is created a Hurricane Loss Mitigation

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

  8  million of the moneys authorized for appropriation under s.

  9  215.555(7)(c) from the Florida Hurricane Catastrophe Fund to

10  the Department of Community Affairs for the purposes set forth

11  in this section.

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

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

14  resistance of residences and mobile homes, including loans,

15  subsidies, grants, demonstration projects, and direct

16  assistance; cooperative programs with local governments and

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

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

19         (b)  Three million dollars in funds provided in

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

21  used as public hurricane shelters.  The department must

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

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

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

25  report thereafter.  The department must give funding priority

26  to projects in regional planning council regions that have

27  shelter deficits and to projects that maximize use of state

28  funds.

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

30  Statutes, is amended to read:

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                                           HB 431, First Engrossed



  1         235.26  State Uniform Building Code for Public

  2  Educational Facilities Construction.--The Commissioner of

  3  Education shall adopt a uniform statewide building code for

  4  the planning and construction of public educational and

  5  ancillary plants by district school boards and community

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

  7  the State Uniform Building Code for Public Educational

  8  Facilities Construction. Included in this code must be flood

  9  plain management criteria in compliance with the rules and

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

11  revisions thereto which are adopted by the Federal Emergency

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

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

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

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

16  or innovative techniques; nor may it specify or prohibit

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

18  cover all phases of construction so as to afford reasonable

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

20  The department may secure the service of other state agencies

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

22  code.

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

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

25  with boards and county and state emergency management offices,

26  amend the State Uniform Building Code for Public Educational

27  Facilities Construction to incorporate public shelter design

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

29  be designed to ensure that appropriate core facility areas in

30  new educational facilities can serve as public shelters for

31  emergency management purposes.  The Commissioner of Education


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                                           HB 431, First Engrossed



  1  shall publish proposed amendments to the State Uniform

  2  Building Code for Public Educational Facilities Construction

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

  4  facility, or an appropriate core facility area within a

  5  facility, for which a design contract is entered into

  6  subsequent to the effective date of the inclusion of the

  7  public shelter criteria in the code must be built in

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

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

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

11  board with the concurrence of the applicable local emergency

12  management agency or the Department of Community Affairs.  Any

13  educational facility located or proposed to be located in an

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

15  to the requirements of this subsection. If the regional

16  planning council region in which the county is located does

17  not have a hurricane evacuation shelter deficit, as determined

18  by the Department of Community Affairs, school districts

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

20  educational facility is being constructed within any 3-mile

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

22  the basis of cost-effectiveness and greatest provision of

23  shelter space, is required to incorporate the public shelter

24  criteria into its construction of educational facilities.

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

26  even-numbered year thereafter, the Department of Community

27  Affairs shall prepare and submit a statewide emergency shelter

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

29  must identify the general location and square footage of

30  existing shelters, by regional planning council region county,

31  and the general location and square footage of needed


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                                           HB 431, First Engrossed



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

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

  3  facilities which should be constructed to comply with

  4  emergency shelter criteria and must recommend an appropriate,

  5  adequate, and dedicated source of funding for the additional

  6  cost of constructing emergency shelters within these public

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

  8  required to build more emergency shelter space than identified

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

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

11  this subsection.

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

13  Statutes, is amended to read:

14         240.295  State University System; authorization for

15  fixed capital outlay projects.--

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

17  local and state emergency management agencies, assess existing

18  facilities to identify the extent to which each campus has

19  public hurricane evacuation shelter space.  The board shall

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

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

22  or retrofitted facilities that will incorporate enhanced

23  hurricane resistance standards and that can be used as public

24  hurricane evacuation shelters.  Enhanced hurricane resistance

25  standards include fixed passive protection for window and door

26  applications to provide mitigation protection, security

27  protection with egress, and energy efficiencies that meet

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

29  The board must also submit proposed facility retrofit projects

30  to the Department of Community Affairs for assessment and

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


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                                           HB 431, First Engrossed



  1  252.385(3). adequate to house those students, faculty, and

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

  3  disaster and those other persons for which the campus has

  4  agreed with the local emergency management agency or other

  5  voluntary organization to provide shelter space.  The board

  6  shall submit a report describing the results of its assessment

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

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

  9  a list of proposed improvements to existing buildings to

10  improve shelter capacity and an estimate of the costs

11  associated with implementing these improvements.  Until a

12  regional planning council region in which a campus is located

13  has sufficient public hurricane evacuation shelter space, any

14  campus building for which a design contract is entered into

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

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

17  management agency or the Department of Community Affairs, to

18  be appropriate for use as a public hurricane evacuation

19  shelter, must be constructed in accordance with public shelter

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

21  emergency management agency or the Department of Community

22  Affairs, exempts the building or part thereof from shelter

23  standards because of its location, size, or other

24  characteristic.

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

26  Statutes, is amended to read:

27         252.35  Emergency management powers; Division of

28  Emergency Management.--

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

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

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


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                                           HB 431, First Engrossed



  1         (a)  Prepare a state comprehensive emergency management

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

  3  emergency management plans and programs of the Federal

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

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

  6  a continuous, integrated comprehensive emergency management

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

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

  9  catastrophic disasters, and the division shall work closely

10  with local governments and agencies and organizations with

11  emergency management responsibilities in preparing and

12  maintaining the plan. The state comprehensive emergency

13  management plan shall be operations oriented and:

14         1.  Include an evacuation component that includes

15  specific regional and interregional planning provisions and

16  promotes intergovernmental coordination of evacuation

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

18  guidelines for lifting tolls on state highways; ensure

19  coordination pertaining to evacuees crossing county lines; set

20  forth procedures for directing people caught on evacuation

21  routes to safe shelter; establish strategies for ensuring

22  sufficient, reasonably priced fueling locations along

23  evacuation routes; and establish policies and strategies for

24  emergency medical evacuations.

25         2.  Include a shelter component that includes specific

26  regional and interregional planning provisions and promotes

27  coordination of shelter activities between the public,

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

29  minimum:  contain strategies to ensure the availability of

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

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


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                                           HB 431, First Engrossed



  1  provide strategies to assist local emergency management

  2  efforts to ensure that adequate staffing plans exist for all

  3  shelters, including medical and security personnel; provide

  4  for a postdisaster communications system for public shelters;

  5  establish model shelter guidelines for operations,

  6  registration, inventory, power generation capability,

  7  information management, and staffing; and set forth policy

  8  guidance for sheltering people with special needs.

  9         3.  Include a postdisaster response and recovery

10  component that includes specific regional and interregional

11  planning provisions and promotes intergovernmental

12  coordination of postdisaster response and recovery activities.

13  This component must provide for postdisaster response and

14  recovery strategies according to whether a disaster is minor,

15  major, or catastrophic. The postdisaster response and recovery

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

17  state's postdisaster response and recovery organization;

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

19  forth policies used to guide postdisaster response and

20  recovery activities; describe the chain of command during the

21  postdisaster response and recovery period; describe initial

22  and continuous postdisaster response and recovery actions;

23  identify the roles and responsibilities of each involved

24  agency and organization; provide for a comprehensive

25  communications plan; establish procedures for monitoring

26  mutual aid agreements; provide for rapid impact assessment

27  teams; ensure the availability of an effective statewide urban

28  search and rescue program coordinated with the fire services;

29  ensure the existence of a comprehensive statewide medical care

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

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                                           HB 431, First Engrossed



  1  establish systems for coordinating volunteers and accepting

  2  and distributing donated funds and goods.

  3         4.  Include additional provisions addressing aspects of

  4  preparedness, response, recovery, and mitigation as determined

  5  necessary by the division.

  6         5.  Address the need for coordinated and expeditious

  7  deployment of state resources, including the Florida National

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

  9  should address predeployment of the Florida National Guard,

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

11  procedures should address predeployment of the Florida

12  National Guard and the United States Armed Forces.

13         6.  Establish a system of communications and warning to

14  ensure that the state's population and emergency management

15  agencies are warned of developing emergency situations and can

16  communicate emergency response decisions.

17         7.  Establish guidelines and schedules for annual

18  exercises that evaluate the ability of the state and its

19  political subdivisions to respond to minor, major, and

20  catastrophic disasters and support local emergency management

21  agencies.  Such exercises shall be coordinated with local

22  governments and, to the extent possible, the Federal

23  Government.

24         8.  Assign lead and support responsibilities to state

25  agencies and personnel for emergency support functions and

26  other support activities.

27

28  The division shall prepare an interim postdisaster response

29  and recovery component that substantially complies with the

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

31  agency assigned lead responsibility for an emergency support


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                                           HB 431, First Engrossed



  1  function by the state comprehensive emergency management plan

  2  shall also prepare a detailed operational plan needed to

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

  4  state comprehensive emergency management plan shall be

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

  6  House of Representatives, and the Governor no later than

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

  8  year thereafter.

  9         (b)  Adopt standards and requirements for county

10  emergency management plans.  The standards and requirements

11  must ensure that county plans are coordinated and consistent

12  with the state comprehensive emergency management plan. If a

13  municipality elects to establish an emergency management

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

15  complies with all standards and requirements applicable to

16  county emergency management plans.

17         (c)  Assist political subdivisions in preparing and

18  maintaining emergency management plans.

19         (d)  Review periodically political subdivision

20  emergency management plans for consistency with the state

21  comprehensive emergency management plan and standards and

22  requirements adopted under this section.

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

24  Armed Forces, the various federal emergency management

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

26  matters pertaining to emergency management in the state and

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

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

29  any request of the President and the appropriate federal

30  officers and agencies for any emergency management action,

31  including the direction or control of:


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                                           HB 431, First Engrossed



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

  2  whatever nature.

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

  4  or other imminent emergencies or threats thereof and the

  5  mechanical devices to be used in connection with such warnings

  6  and signals.

  7         (f)  Make recommendations to the Legislature, building

  8  code organizations, and political subdivisions for zoning,

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

10  securing mobile homes or other nonpermanent or semipermanent

11  structures; and other preparedness, prevention, and mitigation

12  measures designed to eliminate emergencies or reduce their

13  impact.

14         (g)  In accordance with the state comprehensive

15  emergency management plan and program for emergency

16  management, ascertain the requirements of the state and its

17  political subdivisions for equipment and supplies of all kinds

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

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

20  memoranda of agreement or open purchase orders that will

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

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

23  state in accordance with ss. 252.31-252.91.

24         (h)  Anticipate trends and promote innovations that

25  will enhance the emergency management system.

26         (i)  Institute statewide public awareness programs.

27  This shall include an intensive public educational campaign on

28  emergency preparedness issues.

29         (j)  Prepare and distribute to appropriate state and

30  local officials catalogs of federal, state, and private

31  assistance programs.


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                                           HB 431, First Engrossed



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

  2  management activities and take all other steps, including the

  3  partial or full mobilization of emergency management forces

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

  5  the availability of adequately trained and equipped forces of

  6  emergency management personnel before, during, and after

  7  emergencies and disasters.

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

  9  by local emergency management agencies for review of emergency

10  management plans on behalf of external agencies and

11  institutions. In establishing such schedule, the division

12  shall consider facility size, review complexity, and other

13  factors.

14         (m)  Implement training programs to improve the ability

15  of state and local emergency management personnel to prepare

16  and implement emergency management plans and programs.  This

17  shall include a continuous training program for agencies and

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

19  state and local postdisaster response and recovery efforts and

20  for local government personnel on federal and state

21  postdisaster response and recovery strategies and procedures.

22         (n)  Review periodically emergency operating procedures

23  of state agencies and recommend revisions as needed to ensure

24  consistency with the state comprehensive emergency management

25  plan and program.

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

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

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

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

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

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                                           HB 431, First Engrossed



  1  Governor as are necessary or appropriate for coping with

  2  emergencies and disasters.

  3         (q)  Cooperate with the Federal Government and any

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

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

  6  preparation, response, and recovery.

  7         (r)  Assist political subdivisions with the creation

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

  9  development and maintenance of a state urban search and rescue

10  program.

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

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

13  subdelegation of such authority.

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

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

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

17  status of the emergency management capabilities of the state

18  and its political subdivisions.

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

20  administer, adoptpromulgate, amend, and rescind rules,

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

22  252.31-252.91 with due consideration for, and in cooperating

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

24  addition, the division may adopt rules in accordance with

25  chapter 120 to administer and distribute federal financial

26  predisaster and postdisaster assistance for prevention,

27  mitigation, preparedness, response, and recovery.

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

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

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

31  252.38, Florida Statutes, is amended to read:


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                                           HB 431, First Engrossed



  1         252.38  Emergency management powers of political

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

  3  citizens is an innate responsibility of the governing body of

  4  each political subdivision of the state.

  5         (1)  COUNTIES.--

  6         (b)  Each county emergency management agency created

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

  8  director who shall be appointed and have an annual salary

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

10  director must meet the minimum training and education

11  qualifications established in a job description approved by

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

13  county commissioners or the chief administrative officer of

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

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

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

17  conformance with applicable resolutions, ordinances, and laws.

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

19  constitutional officer, may be appointed as director following

20  prior notification to the division.  Each board of county

21  commissioners shall promptly inform the division of the

22  appointment of the director and other personnel. Each director

23  has direct responsibility for the organization,

24  administration, and operation of the county emergency

25  management agency, subject only to the direction and control

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

27  coordinate emergency management activities, services, and

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

29  division and other local emergency management agencies and

30  organizations.

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                                           HB 431, First Engrossed



  1         Section 6.  Section 252.385, Florida Statutes, is

  2  amended to read:

  3         252.385  Public shelter space.--

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

  5  state not have a deficit of safe public shelter space in any

  6  region of the state by 1998 and thereafter.

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

  8  existing schools, universities, community colleges, and other

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

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

11  agrees to provide for use as a public hurricane evacuation

12  shelter to identify those that are appropriately designed and

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

14  facilities must shall be given the opportunity to participate

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

16  community college boards of trustees, and the Department of

17  Education are responsible for coordinating and implementing

18  the survey of public schools, universities, and community

19  colleges with the division or the local emergency management

20  agency.

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

22  division shall annually provide to the President of the

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

24  Governor a list of facilities recommended to be retrofitted

25  using state funds. State funds should be maximized and

26  targeted to regional planning council regions counties with

27  hurricane evacuation shelter deficits. Retrofitting facilities

28  in regions with public shelter deficits shall be given first

29  priority and should be completed by 2003 1998.  All

30  recommended appropriate facilities should be retrofitted by

31  2008 2003.  The owner or lessee of a public hurricane


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                                           HB 431, First Engrossed



  1  evacuation shelter that is included on the list of facilities

  2  recommended for retrofitting is not required to perform any

  3  recommended improvements.

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

  5  postsecondary education facilities, and other facilities owned

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

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

  8  public hurricane evacuation shelters shall be made available

  9  at the request of the local emergency management agencies.

10  Such agencies shall coordinate with the appropriate school

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

12  when requesting the use of such facilities as public hurricane

13  evacuation shelters.

14         (b)  The Department of Management Services shall

15  incorporate provisions for the use of suitable leased public

16  facilities as public hurricane evacuation shelters into lease

17  agreements for state agencies.  Suitable leased public

18  facilities include leased public facilities that are solely

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

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

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

22  net square footage of floor area must be determined by

23  subtracting from the gross square footage of spaces such as

24  mechanical and electrical rooms, storage rooms, open

25  corridors, restrooms, kitchens, science or computer

26  laboratories, shop or mechanical areas, administrative

27  offices, records vaults, and crawl spaces.

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

29  consultation with local and state emergency management

30  agencies, assess Department of Management Services facilities

31  to identify the extent to which each facility has public


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                                           HB 431, First Engrossed



  1  hurricane evacuation shelter space.  The Department of

  2  Management Services shall submit proposed facility retrofit

  3  projects that incorporate hurricane protection enhancements to

  4  the department for assessment and inclusion in the annual

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

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

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

  8  amended to read:

  9         252.373  Allocation of funds; rules.--

10         (1)  Funds appropriated from the Emergency Management,

11  Preparedness, and Assistance Trust Fund shall be allocated by

12  the Department of Community Affairs as follows:

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

14  regional agencies, local governments, and private

15  organizations to implement projects that will further state

16  and local emergency management objectives.  These projects

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

18  promote public education on disaster preparedness and recovery

19  issues, enhance coordination of relief efforts of statewide

20  private sector organizations, and improve the training and

21  operations capabilities of agencies assigned lead or support

22  responsibilities in the state comprehensive emergency

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

24  coordinating the Florida fire services.  The division shall

25  establish criteria and procedures for competitive allocation

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

27  made pursuant to this paragraph may be used for administrative

28  expenses.  This competitive criteria must give priority

29  consideration to hurricane evacuation shelter retrofit

30  projects.

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                                           HB 431, First Engrossed



  1         (2)  The distribution formula provided in subsection

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

  3  matching requirements imposed as a condition of receiving

  4  federal disaster relief assistance or planning funds.

  5         Section 8.  Section 252.51, Florida Statutes, is

  6  amended to read:

  7         252.51  Liability.--Any person or organization, public

  8  or private, owning or controlling real estate or other

  9  premises who voluntarily and without compensation other than

10  payment or reimbursement of costs and expenses, grants a

11  license or privilege or otherwise permits the designation by

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

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

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

15  practice emergency, together with her or his successor in

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

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

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

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

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

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

22  willful and wanton misconduct of such person owning or

23  controlling such real estate or premises or her or his

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

25  injury, loss, or damage occurring during such sheltering

26  period.  Any such person or organization who provides such

27  shelter space for compensation shall be deemed to be an

28  instrumentality of the state or its applicable agency or

29  subdivision for the purposes of s. 768.28.

30         Section 9.  Section 252.855, Florida Statutes, is

31  repealed.


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                                           HB 431, First Engrossed



  1         Section 10.  This act shall take effect July 1, 2000.

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