Senate Bill sb1484

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    Florida Senate - 2006                                  SB 1484

    By Senator Rich





    34-1019-06

  1                      A bill to be entitled

  2         An act relating to emergency public shelters;

  3         amending s. 252.35, F.S.; providing that the

  4         shelter component of the state comprehensive

  5         emergency management plan must contain

  6         strategies to ensure specified availability of

  7         shelter space that is designated and equipped

  8         to accept evacuees with pets; requiring the

  9         component to set forth policy guidance for

10         sheltering people with pets; creating s.

11         252.3568, F.S.; requiring the Division of

12         Emergency Management to prescribe rules

13         governing the emergency sheltering of persons

14         with pets; providing for a system of

15         registration; providing procedures and

16         requirements; prescribing requirements for

17         admittance to such a shelter; amending s.

18         252.51, F.S.; revising provisions relating to

19         liability with respect to the designation or

20         use of real estate or premises for use as a

21         shelter during an actual, impending, mock, or

22         practice emergency, to conform; amending s.

23         212.055, F.S.; redefining the term

24         "infrastructure" with respect to the local

25         government infrastructure surtax to provide

26         that public facilities include private

27         facilities used on a temporary basis by a local

28         government for emergency public sheltering or

29         staging for emergency response equipment during

30         officially declared emergencies; providing an

31         effective date.

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    Florida Senate - 2006                                  SB 1484
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 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  Paragraph (a) of subsection (2) of section

 4  252.35, Florida Statutes, is amended to read:

 5         252.35  Emergency management powers; Division of

 6  Emergency Management.--

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

 8  provisions of ss. 252.31-252.90. In performing its duties

 9  under ss. 252.31-252.90, the division shall:

10         (a)  Prepare a state comprehensive emergency management

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

12  emergency management plans and programs of the Federal

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

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

15  a continuous, integrated comprehensive emergency management

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

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

18  catastrophic disasters, and the division shall work closely

19  with local governments and agencies and organizations with

20  emergency management responsibilities in preparing and

21  maintaining the plan. The state comprehensive emergency

22  management plan shall be operations oriented and:

23         1.  Include an evacuation component that includes

24  specific regional and interregional planning provisions and

25  promotes intergovernmental coordination of evacuation

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

27  guidelines for lifting tolls on state highways; ensure

28  coordination pertaining to evacuees crossing county lines; set

29  forth procedures for directing people caught on evacuation

30  routes to safe shelter; establish strategies for ensuring

31  sufficient, reasonably priced fueling locations along

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    Florida Senate - 2006                                  SB 1484
    34-1019-06




 1  evacuation routes; and establish policies and strategies for

 2  emergency medical evacuations.

 3         2.  Include a shelter component that includes specific

 4  regional and interregional planning provisions and promotes

 5  coordination of shelter activities between the public,

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

 7  minimum: contain strategies to ensure the availability of

 8  adequate public shelter space in each region of the state,

 9  including at least one shelter space in each county that is

10  designated and equipped to accept evacuees with pets who

11  reside in an area under an evacuation order; establish

12  strategies for refuge-of-last-resort programs; provide

13  strategies to assist local emergency management efforts to

14  ensure that adequate staffing plans exist for all shelters,

15  including medical and security personnel and, for those

16  shelters designated to accept evacuees with pets who reside in

17  an area under an evacuation order, veterinary and animal

18  control personnel; provide for a postdisaster communications

19  system for public shelters; establish model shelter guidelines

20  for operations, registration, inventory, power generation

21  capability, information management, and staffing; and set

22  forth policy guidance for sheltering people with special needs

23  and people with pets who reside in an area under an evacuation

24  order.

25         3.  Include a postdisaster response and recovery

26  component that includes specific regional and interregional

27  planning provisions and promotes intergovernmental

28  coordination of postdisaster response and recovery activities.

29  This component must provide for postdisaster response and

30  recovery strategies according to whether a disaster is minor,

31  major, or catastrophic. The postdisaster response and recovery

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    Florida Senate - 2006                                  SB 1484
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 1  component must, at a minimum: establish the structure of the

 2  state's postdisaster response and recovery organization;

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

 4  forth policies used to guide postdisaster response and

 5  recovery activities; describe the chain of command during the

 6  postdisaster response and recovery period; describe initial

 7  and continuous postdisaster response and recovery actions;

 8  identify the roles and responsibilities of each involved

 9  agency and organization; provide for a comprehensive

10  communications plan; establish procedures for monitoring

11  mutual aid agreements; provide for rapid impact assessment

12  teams; ensure the availability of an effective statewide urban

13  search and rescue program coordinated with the fire services;

14  ensure the existence of a comprehensive statewide medical care

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

16  establish systems for coordinating volunteers and accepting

17  and distributing donated funds and goods.

18         4.  Include additional provisions addressing aspects of

19  preparedness, response, recovery, and mitigation as determined

20  necessary by the division.

21         5.  Address the need for coordinated and expeditious

22  deployment of state resources, including the Florida National

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

24  should address predeployment of the Florida National Guard,

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

26  procedures should address predeployment of the Florida

27  National Guard and the United States Armed Forces.

28         6.  Establish a system of communications and warning to

29  ensure that the state's population and emergency management

30  agencies are warned of developing emergency situations and can

31  communicate emergency response decisions.

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    Florida Senate - 2006                                  SB 1484
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 1         7.  Establish guidelines and schedules for annual

 2  exercises that evaluate the ability of the state and its

 3  political subdivisions to respond to minor, major, and

 4  catastrophic disasters and support local emergency management

 5  agencies. Such exercises shall be coordinated with local

 6  governments and, to the extent possible, the Federal

 7  Government.

 8         8.  Assign lead and support responsibilities to state

 9  agencies and personnel for emergency support functions and

10  other support activities.

11  

12  The complete state comprehensive emergency management plan

13  shall be submitted to the President of the Senate, the Speaker

14  of the House of Representatives, and the Governor on February

15  1 of every even-numbered year.

16         Section 2.  Section 252.3568, Florida Statutes, is

17  created to read:

18         252.3568  Emergency sheltering of persons with pets who

19  reside in an area under an evacuation order; registration;

20  requirements for admittance.--

21         (1)  GENERAL PROVISIONS.--In accordance with the

22  provisions of s. 252.35, the division shall provide within the

23  shelter component of the state comprehensive emergency

24  management plan for at least one shelter space in each county

25  to be designated and equipped to accept evacuees with pets who

26  reside in an area under an evacuation order. The division

27  shall prescribe rules that:

28         (a)  Provide for a system of registration for persons

29  with pets who reside in an area under an evacuation order and

30  who seek emergency shelter during an evacuation to be

31  

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    Florida Senate - 2006                                  SB 1484
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 1  maintained by local emergency management agencies as provided

 2  in subsection (2).

 3         (b)  Designate the types of pets, excluding reptiles,

 4  which may be accepted as such shelters.

 5         (c)  Provide for postevacuation cleaning, disinfecting,

 6  and maintenance of the shelter to be coordinated by the local

 7  emergency management agency.

 8         (2)  REGISTRATION.--

 9         (a)  In order to meet the special needs of persons with

10  pets who reside in an area under an evacuation order and who

11  seek emergency shelter during an evacuation, each local

12  emergency management agency in the state shall establish and

13  maintain a registry of persons with pets located within the

14  jurisdiction of the local agency who would seek shelter during

15  an emergency with their pet or pets. The registry shall

16  identify those persons who would seek shelter and the number

17  and type of pets owned by each person. In order to assist the

18  local emergency management agency in identifying such persons,

19  public and private animal shelters and animal control agencies

20  operated by a humane society or by a municipal, county, or

21  other incorporated political subdivision within the state

22  shall provide registration information to the public. The

23  registry shall be updated annually.

24         (b)  On or before May 1 of each year, each electric

25  utility in the state shall notify residential customers in its

26  service area of the availability of the registration program

27  maintained by their local emergency management agency.

28         (c)  All records, data, information, correspondence,

29  and communications relating to the registration of persons

30  with pets shall be available to other emergency response

31  

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    Florida Senate - 2006                                  SB 1484
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 1  agencies, as determined by the local emergency management

 2  director.

 3         (d)  All appropriate agencies and community-based

 4  service providers shall assist emergency management agencies

 5  by establishing programs to increase the awareness of the

 6  registration process and educating the public about procedures

 7  that may be necessary for their safety and the safety of their

 8  pets when seeking emergency shelter during a disaster.

 9         (3)  REQUIREMENTS FOR ADMITTANCE.--Upon arrival at an

10  emergency evacuation shelter that accepts pets, the owner of

11  the pet must present the following:

12         (a)  Proof of address verifying that the owner resides

13  within the evacuation area.

14         (b)  The pet's identification tag.

15         (c)  The pet's rabies vaccination tag, which should be

16  attached to the pet.

17         (d)  A current photograph of the pet.

18         (e)  A sturdy leash or harness.

19         (f)  Water and food bowls.

20         (g)  A pet carrier, cage, or other container that is

21  clearly, legibly, and permanently marked with the name of the

22  owner and the name of the pet.

23         (h)  Adequate food for 3 days.

24         (i)  A 3-day supply of potable water.

25         (j)  Any medications the pet might require.

26         (k)  Any of the pet's medical records, which must be

27  stored in a waterproof container.

28         (l)  A pet first-aid kit.

29         (m)  Pet beds and toys, if easily transportable.

30         Section 3.  Section 252.51, Florida Statutes, is

31  amended to read:

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    Florida Senate - 2006                                  SB 1484
    34-1019-06




 1         252.51  Liability.--Any person or organization, public

 2  or private, owning or controlling real estate or other

 3  premises who voluntarily and without compensation, other than

 4  payment or reimbursement of costs and expenses, grants a

 5  license or privilege or otherwise permits the designation by

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

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

 8  sheltering persons or animals during an actual, impending,

 9  mock, or practice emergency, together with her or his

10  successor in interest, if any, shall not be liable for the

11  death of, or injury to, any person or animal on or about such

12  real estate or premises during the actual, impending, mock, or

13  practice emergency, or for loss of, or damage to, the property

14  of such person, solely by reason or as a result of such

15  license, privilege, designation, or use, unless the gross

16  negligence or the willful and wanton misconduct of such person

17  owning or controlling such real estate or premises or her or

18  his successor in interest is the proximate cause of such

19  death, injury, loss, or damage occurring during such

20  sheltering period. Any such person or organization who

21  provides such shelter space for compensation shall be deemed

22  to be an instrumentality of the state or its applicable agency

23  or subdivision for the purposes of s. 768.28.

24         Section 4.  Paragraph (d) of subsection (2) of section

25  212.055, Florida Statutes, is amended to read:

26         212.055  Discretionary sales surtaxes; legislative

27  intent; authorization and use of proceeds.--It is the

28  legislative intent that any authorization for imposition of a

29  discretionary sales surtax shall be published in the Florida

30  Statutes as a subsection of this section, irrespective of the

31  duration of the levy.  Each enactment shall specify the types

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    Florida Senate - 2006                                  SB 1484
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 1  of counties authorized to levy; the rate or rates which may be

 2  imposed; the maximum length of time the surtax may be imposed,

 3  if any; the procedure which must be followed to secure voter

 4  approval, if required; the purpose for which the proceeds may

 5  be expended; and such other requirements as the Legislature

 6  may provide.  Taxable transactions and administrative

 7  procedures shall be as provided in s. 212.054.

 8         (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--

 9         (d)1.  The proceeds of the surtax authorized by this

10  subsection and any interest accrued thereto shall be expended

11  by the school district or within the county and municipalities

12  within the county, or, in the case of a negotiated joint

13  county agreement, within another county, to finance, plan, and

14  construct infrastructure and to acquire land for public

15  recreation or conservation or protection of natural resources

16  and to finance the closure of county-owned or municipally

17  owned solid waste landfills that are already closed or are

18  required to close by order of the Department of Environmental

19  Protection. Any use of such proceeds or interest for purposes

20  of landfill closure prior to July 1, 1993, is ratified.

21  Neither the proceeds nor any interest accrued thereto shall be

22  used for operational expenses of any infrastructure, except

23  that any county with a population of less than 75,000 that is

24  required to close a landfill by order of the Department of

25  Environmental Protection may use the proceeds or any interest

26  accrued thereto for long-term maintenance costs associated

27  with landfill closure. Counties, as defined in s. 125.011(1),

28  and charter counties may, in addition, use the proceeds and

29  any interest accrued thereto to retire or service indebtedness

30  incurred for bonds issued prior to July 1, 1987, for

31  infrastructure purposes, and for bonds subsequently issued to

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    Florida Senate - 2006                                  SB 1484
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 1  refund such bonds. Any use of such proceeds or interest for

 2  purposes of retiring or servicing indebtedness incurred for

 3  such refunding bonds prior to July 1, 1999, is ratified.

 4         2.  For the purposes of this paragraph,

 5  "infrastructure" means:

 6         a.  Any fixed capital expenditure or fixed capital

 7  outlay associated with the construction, reconstruction, or

 8  improvement of public facilities which have a life expectancy

 9  of 5 or more years and any land acquisition, land improvement,

10  design, and engineering costs related thereto. Public

11  facilities include private facilities that are used on a

12  temporary basis from time to time by a local government for

13  emergency public sheltering or staging for emergency response

14  equipment during an emergency, as officially declared by the

15  Governor or by the respective local government under s.

16  252.38.

17         b.  A fire department vehicle, an emergency medical

18  service vehicle, a sheriff's office vehicle, a police

19  department vehicle, or any other vehicle, and such equipment

20  necessary to outfit the vehicle for its official use or

21  equipment that has a life expectancy of at least 5 years.

22         c.  Any expenditure for the construction, lease, or

23  maintenance of, or provision of utilities or security for,

24  facilities as defined in s. 29.008.

25         3.  Notwithstanding any other provision of this

26  subsection, a discretionary sales surtax imposed or extended

27  after the effective date of this act may provide for an amount

28  not to exceed 15 percent of the local option sales surtax

29  proceeds to be allocated for deposit to a trust fund within

30  the county's accounts created for the purpose of funding

31  economic development projects of a general public purpose

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 1  targeted to improve local economies, including the funding of

 2  operational costs and incentives related to such economic

 3  development. The ballot statement must indicate the intention

 4  to make an allocation under the authority of this

 5  subparagraph.

 6         Section 5.  This act shall take effect July 1, 2006.

 7  

 8            *****************************************

 9                          SENATE SUMMARY

10    Requires that the state emergency management plan contain
      strategies to ensure the availability of shelter space
11    for evacuees with pets. Requires that the Division of
      Emergency Management prescribe rules governing the
12    sheltering of persons with pets in an emergency.
      Redefines the term "infrastructure" to include private
13    facilities that are used for emergency public sheltering
      or staging areas during an emergency. (See bill for
14    details.)

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