House Bill 0431e1
CODING: Words stricken are deletions; words underlined are additions.
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
1
CODING: Words stricken are deletions; words underlined are additions.
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.
31
2
CODING: Words stricken are deletions; words underlined are additions.
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:
31
3
CODING: Words stricken are deletions; words underlined are additions.
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
4
CODING: Words stricken are deletions; words underlined are additions.
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
5
CODING: Words stricken are deletions; words underlined are additions.
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.
6
CODING: Words stricken are deletions; words underlined are additions.
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:
7
CODING: Words stricken are deletions; words underlined are additions.
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;
8
CODING: Words stricken are deletions; words underlined are additions.
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
31
9
CODING: Words stricken are deletions; words underlined are additions.
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
10
CODING: Words stricken are deletions; words underlined are additions.
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:
11
CODING: Words stricken are deletions; words underlined are additions.
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.
12
CODING: Words stricken are deletions; words underlined are additions.
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
31
13
CODING: Words stricken are deletions; words underlined are additions.
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:
14
CODING: Words stricken are deletions; words underlined are additions.
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.
31
15
CODING: Words stricken are deletions; words underlined are additions.
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
16
CODING: Words stricken are deletions; words underlined are additions.
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
17
CODING: Words stricken are deletions; words underlined are additions.
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.
31
18
CODING: Words stricken are deletions; words underlined are additions.
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.
19
CODING: Words stricken are deletions; words underlined are additions.
HB 431, First Engrossed
1 Section 10. This act shall take effect July 1, 2000.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
20