Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for CS for SB's 528, 530 & 858
                        Barcode 542276
                            CHAMBER ACTION
              Senate                               House
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       04/24/2006 01:45 PM         .                    
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11  The Committee on Ways and Means (Atwater) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  The Legislature finds that there is a
19  compelling need to better coordinate emergency response
20  capabilities between local, state, federal, nongovernment, and
21  private sector partners to provide the best and most effective
22  postdisaster services to the people of the State of Florida.
23  In order to encourage the rapid recovery of economies in
24  disaster affected areas, the Legislature finds that programs
25  to restore normal commerce in communities should be a part of
26  the State Comprehensive Emergency Management Plan. The
27  Legislature recognizes nongovernment agencies and the private
28  sector as key partners in disaster preparedness, response, and
29  recovery. Further, the Legislature recognizes the demonstrated
30  abilities and contributions of these entities in successfully
31  providing logistical support and commodities through
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for SB's 528, 530 & 858 Barcode 542276 1 well-proven distribution systems. In order to enhance the 2 State Comprehensive Plan, the Division of Emergency Management 3 within the Department of Community Affairs is directed to 4 conduct a feasibility study on incorporating into the state's 5 emergency management plan the logistical supply and 6 distribution of essential commodities by nongovernment 7 agencies and private entities. In conducting the study, the 8 division shall consult with the Florida Retail Federation, the 9 Florida Petroleum Council, the Florida Petroleum Marketers and 10 Convenience Store Association, the Florida Emergency 11 Preparedness Association, the American Red Cross, Volunteer 12 Florida, and other entities as appropriate. No later than 13 February 1, 2007, the division shall make recommendations 14 based on the study to the Governor, the President of the 15 Senate, and the Speaker of the House of Representatives. 16 Section 2. Section 526.143, Florida Statutes, is 17 created to read: 18 526.143 Alternate generated power capacity for motor 19 fuel dispensing facilities.-- 20 (1) By June 1, 2007, each motor fuel terminal 21 facility, as defined in s. 526.303(16), and each wholesaler, 22 as defined in s. 526.303(17), which sells motor fuel in this 23 state must be capable of operating its distribution loading 24 racks using an alternate generated power source for a minimum 25 of 72 hours. Pending a postdisaster examination of the 26 equipment by the operator to determine any extenuating damage 27 that would render it unsafe to use, the facility must have 28 such alternate generated power source available for operation 29 no later than 36 hours after a major disaster as defined in s. 30 252.34. Installation of appropriate wiring, including a 31 transfer switch, shall be performed by a certified electrical 2 4:34 PM 04/21/06 s0528c2d-wm25-c8y
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for SB's 528, 530 & 858 Barcode 542276 1 contractor. Each business that is subject to this subsection 2 must keep a copy of the documentation of such installation on 3 site or at its corporate headquarters. In addition, each 4 business must keep a written statement attesting to the 5 periodic testing and ensured operational capacity of the 6 equipment. The required documents must be made available, upon 7 request, to the Division of Emergency Management and the 8 director of the county emergency management agency. 9 (2) Each newly constructed or substantially renovated 10 motor fuel retail outlet, as defined in s. 526.303(14), for 11 which a certificate of occupancy is issued on or after July 1, 12 2006, shall be prewired with an appropriate transfer switch, 13 and capable of operating all fuel pumps, dispensing equipment, 14 life-safety systems, and payment-acceptance equipment using an 15 alternate generated power source. As used in this subsection, 16 the term "substantially renovated" means a renovation that 17 results in an increase of greater than 50 percent in the 18 assessed value of the motor fuel retail outlet. Local building 19 inspectors shall include this equipment and operations check 20 in the normal inspection process before issuing a certificate 21 of occupancy. Each retail outlet that is subject to this 22 subsection must keep a copy of the certificate of occupancy on 23 site or at its corporate headquarters. In addition, each 24 retail outlet must keep a written statement attesting to the 25 periodic testing of and ensured operational capability of the 26 equipment. The required documents must be made available, upon 27 request, to the Division of Emergency Management and the 28 director of the county emergency management agency. 29 (3)(a) No later than June 1, 2007, each motor fuel 30 retail outlet described in subparagraph 1., subparagraph 2., 31 or subparagraph 3., which is located within one-half mile 3 4:34 PM 04/21/06 s0528c2d-wm25-c8y
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for SB's 528, 530 & 858 Barcode 542276 1 proximate to an interstate highway or state or federally 2 designated evacuation route must be prewired with an 3 appropriate transfer switch and be capable of operating all 4 fuel pumps, dispensing equipment, life-safety systems, and 5 payment-acceptance equipment using an alternate generated 6 power source: 7 1. A motor fuel retail outlet located in a county 8 having a population of 300,000 or more which has 16 or more 9 fueling positions. 10 2. A motor fuel retail outlet located in a county 11 having a population of 100,000 or more, but fewer than 12 300,000, which has 12 or more fueling positions. 13 3. A motor fuel retail outlet located in a county 14 having a population of fewer than 100,000 which has eight or 15 more fueling positions. 16 (b) Installation of appropriate wiring and transfer 17 switches must be performed by a certified electrical 18 contractor. Each retail outlet that is subject to this 19 subsection must keep a copy of the documentation of such 20 installation on site or at its corporate headquarters. In 21 addition, each retail outlet must keep a written statement 22 attesting to the periodic testing of and ensured operational 23 capacity of the equipment. The required documents must be made 24 available, upon request, to the Division of Emergency 25 Management and the director of the county emergency management 26 agency. 27 (4)(a) Subsections (2) and (3) apply to any 28 self-service, full-service, or combination self-service and 29 full-service motor fuel retail outlet regardless of whether 30 the retail outlet is located on the grounds of, or is owned 31 by, another retail business establishment that does not engage 4 4:34 PM 04/21/06 s0528c2d-wm25-c8y
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for SB's 528, 530 & 858 Barcode 542276 1 in the business of selling motor fuel. 2 (b) Subsections (2) and (3) do not apply to: 3 1. An automobile dealer; 4 2. A person who operates a fleet of motor vehicles; 5 3. A person who sells motor fuel exclusively to a 6 fleet of motor vehicles; or 7 4. A motor fuel retail outlet that has a written 8 agreement with a public hospital, in a form approved by the 9 Division of Emergency Management, wherein the public hospital 10 agrees to provide the motor fuel retail outlet with an 11 alternative means of power generation onsite so that the 12 outlet's fuel pumps may be operated in the event of a power 13 outage. 14 (5)(a) Each corporation or other entity that owns 10 15 or more motor fuel retail outlets located within a single 16 county shall maintain at least one portable generator that is 17 capable of providing an alternate generated power source as 18 required under subsection (2) for every 10 outlets. If an 19 entity owns more than 10 outlets or a multiple of 10 outlets 20 plus an additional six outlets, the entity must provide one 21 additional generator to accommodate such additional outlets. 22 Each portable generator must be stored within this state, or 23 may be stored in another state if located within 250 miles of 24 this state, and must be available for use in an affected 25 location within 24 hours after a disaster. 26 (b) Each corporation or other entity that owns 10 or 27 more motor fuel retail outlets located within a single 28 domestic security region, as determined pursuant to s. 29 943.0312(1), and that does not own additional outlets located 30 outside the domestic security region shall maintain a written 31 document of agreement with one or more similarly equipped 5 4:34 PM 04/21/06 s0528c2d-wm25-c8y
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for SB's 528, 530 & 858 Barcode 542276 1 entities for the use of portable generators that may be used 2 to meet the requirements of paragraph (a) and that are located 3 within this state but outside the affected domestic security 4 region. The agreement may be reciprocal, may allow for payment 5 for services rendered by the providing entity, and must 6 guarantee the availability of the portable generators to an 7 affected location within 24 hours after a disaster. 8 (c) For purposes of this section, ownership of a motor 9 fuel retail outlet shall be the owner of record of the fuel 10 storage systems operating at the location, as identified in 11 the Department of Environmental Protection underground storage 12 facilities registry pursuant to s. 376.303(1). 13 Section 3. Section 526.144, Florida Statutes, is 14 created to read: 15 526.144 Florida Disaster Motor Fuel Supplier 16 Program.-- 17 (1)(a) There is created the Florida Disaster Motor 18 Fuel Supplier Program within the Department of Community 19 Affairs. 20 (b) Participation in the program shall be at the 21 option of each county governing body. In counties choosing to 22 participate in the program, the local emergency management 23 agency shall be primarily responsible for administering the 24 program within those counties. Nothing in this section 25 requires participation in the program. 26 (c) In participating counties, the Florida Disaster 27 Motor Fuel Supplier Program shall allow any retail motor fuel 28 outlet doing business in those counties to participate in a 29 network of emergency responders to provide fuel supplies and 30 services to government agencies, medical institutions and 31 facilities, critical infrastructure, and other responders, as 6 4:34 PM 04/21/06 s0528c2d-wm25-c8y
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for SB's 528, 530 & 858 Barcode 542276 1 well as the general public, during a declared disaster as 2 described in s. 252.36(2). 3 (d) Retail motor fuel outlets doing business in 4 participating counties that choose to become members of the 5 Florida Disaster Motor Fuel Supplier Program must be able to 6 demonstrate the capability to provide onsite fuel dispensing 7 services to other members of the State Emergency Response Team 8 within 24 hours after a major disaster has occurred and agree 9 to make such service available as needed. Local emergency 10 management agencies may determine appropriate measures for 11 determining such readiness, including acceptance of a written 12 attestation from the retail motor fuel outlet, a copy of an 13 executed contract for services, or other documents or 14 activities that demonstrate readiness. Participating retail 15 motor fuel outlets may choose to sell motor fuel through a 16 pre-existing contract with local, state, or federal response 17 agencies or may provide point-of-sale service to such 18 agencies. In addition, participating retail motor fuel outlets 19 may choose to sell motor fuel to the general public upon 20 compliance with requirements to provide service under ss. 21 252.35 and 252.38 as directed by county or state emergency 22 management officials. This section does not preclude any 23 retail motor fuel outlet from selling fuel during lawful 24 operating hours. Nonparticipating motor fuel retail outlets 25 may not operate during declared curfew hours. If requested, 26 appropriate law enforcement or security personnel may be 27 provided through emergency management protocol to the 28 participating business for the purpose of maintaining civil 29 order during operating hours. 30 (e) Motor fuel outlets that choose to participate in 31 the Florida Disaster Motor Fuel Supplier Program pursuant to 7 4:34 PM 04/21/06 s0528c2d-wm25-c8y
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for SB's 528, 530 & 858 Barcode 542276 1 paragraph (d) may be issued a State Emergency Response Team 2 logo by the participating county emergency management agency 3 for public display to alert emergency responders and the 4 public that the business is capable of assisting in an 5 emergency. 6 (f) Counties that choose to participate in the Florida 7 Disaster Motor Fuel Supplier Program may charge a fee to cover 8 the actual costs of accepting a retail motor fuel outlet into 9 the program, including the cost of performing any required 10 review, filing of necessary forms, and producing logo decals 11 for public display. Additional charges may not be imposed for 12 processing individual documents associated with the program. 13 Funds collected shall be deposited into an appropriate county 14 operating account. 15 (3) Persons who are designated as members of the State 16 Emergency Response Team and who can produce appropriate 17 identification, as determined by state or county emergency 18 management officials, shall be given priority for purchasing 19 fuel at businesses designated as members of the State 20 Emergency Response Team. A business may be directed by county 21 or state emergency management officials to remain open during 22 a declared curfew in order to provide service for emergency 23 personnel. Under such direction, the business is not in 24 violation of the curfew and may not be penalized for such 25 operation and the emergency personnel are not in violation of 26 the curfew. A person traveling during a curfew must be able to 27 produce valid official documentation of his or her position 28 with the State Emergency Response Team or the local emergency 29 management agency. Such documentation may include, but need 30 not be limited to, a current SERT identification badge, 31 current law enforcement or other response agency 8 4:34 PM 04/21/06 s0528c2d-wm25-c8y
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for SB's 528, 530 & 858 Barcode 542276 1 identification or shield, current health care employee 2 identification card, or current government services 3 identification card indicating a critical services position. 4 (4) A business that is designated as a member of the 5 State Emergency Response Team may request priority in 6 receiving a resupply of fuel in order to continue service to 7 emergency responders. Such request is not binding but shall be 8 considered by emergency management officials in determining 9 appropriate response actions. 10 (5) Notwithstanding any other law or local ordinance 11 and for the purpose of ensuring an appropriate emergency 12 management response following major disasters in this state, 13 the regulation, siting, and placement of alternate power 14 source capabilities and equipment at motor fuel terminal 15 facilities, motor fuel wholesalers, and motor fuel retail 16 sales outlets are preempted to the state. 17 (6) The Energy Office of the Department of 18 Environmental Protection shall review situational progress in 19 post-disaster motor fuel supply distribution and provide a 20 report to the Legislature by March 1, 2007. The report must 21 include information concerning statewide compliance with s. 22 526.143, Florida Statutes, and an identification of all motor 23 fuel retail outlets that are participating in the Florida 24 Disaster Motor Fuel Supplier Program. 25 Section 4. Subsection (2) of section 501.160, Florida 26 Statutes, is amended to read: 27 501.160 Rental or sale of essential commodities during 28 a declared state of emergency; prohibition against 29 unconscionable prices.-- 30 (2) Upon a declaration of a state of emergency by the 31 Governor, it is unlawful and a violation of s. 501.204 for a 9 4:34 PM 04/21/06 s0528c2d-wm25-c8y
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for SB's 528, 530 & 858 Barcode 542276 1 person or her or his agent or employee to rent or sell or 2 offer to rent or sell at an unconscionable price within the 3 area for which the state of emergency is declared, any 4 essential commodity including, but not limited to, supplies, 5 services, provisions, or equipment that is necessary for 6 consumption or use as a direct result of the emergency. This 7 prohibition is effective not to exceed 60 days under the 8 initial declared state of emergency as defined in s. 252.36(2) 9 and shall be renewed by statement in any subsequent renewals 10 of the declared state of emergency by the Governor remains in 11 effect until the declaration expires or is terminated. 12 Section 5. Section 553.509, Florida Statutes, is 13 amended to read: 14 553.509 Vertical accessibility.-- 15 (1) Nothing in sections 553.501-553.513 or the 16 guidelines shall be construed to relieve the owner of any 17 building, structure, or facility governed by those sections 18 from the duty to provide vertical accessibility to all levels 19 above and below the occupiable grade level, regardless of 20 whether the guidelines require an elevator to be installed in 21 such building, structure, or facility, except for: 22 (a)(1) Elevator pits, elevator penthouses, mechanical 23 rooms, piping or equipment catwalks, and automobile 24 lubrication and maintenance pits and platforms; 25 (b)(2) Unoccupiable spaces, such as rooms, enclosed 26 spaces, and storage spaces that are not designed for human 27 occupancy, for public accommodations, or for work areas; and 28 (c)(3) Occupiable spaces and rooms that are not open 29 to the public and that house no more than five persons, 30 including, but not limited to, equipment control rooms and 31 projection booths. 10 4:34 PM 04/21/06 s0528c2d-wm25-c8y
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for SB's 528, 530 & 858 Barcode 542276 1 (2)(a) Any person, firm, or corporation that owns, 2 manages, or operates a residential multifamily dwelling, 3 including a condominium, that is at least 75 feet high and 4 contains a public elevator, as described in s. 399.035(2) and 5 (3) and rules adopted by the Florida Building Commission, 6 shall have at least one public elevator that is capable of 7 operating on an alternate power source for emergency purposes. 8 Alternate power shall be available for the purpose of allowing 9 all residents access for a specified number of hours each day 10 over a 5-day period following a natural disaster, manmade 11 disaster, emergency, or other civil disturbance that disrupts 12 the normal supply of electricity. The alternate power source 13 that controls elevator operations must also be capable of 14 powering any connected fire alarm system in the building. 15 (b) At a minimum, the elevator must be appropriately 16 pre-wired and prepared to accept an alternate power source and 17 must have a connection on the line side of the main 18 disconnect, pursuant to National Electric Code Handbook, 19 Article 700. In addition to the required power source for the 20 elevator and connected fire alarm system in the building, the 21 alternate power supply must be sufficient to provide emergency 22 lighting to the interior lobbies, hallways, and other portions 23 of the building used by the public. Residential multifamily 24 dwellings must have an available generator and fuel source on 25 the property or have proof of a current contract posted in the 26 elevator machine room or other place conspicuous to the 27 elevator inspector affirming a current guaranteed service 28 contract for such equipment and fuel source to operate the 29 elevator on an on-call basis within 24 hours after a request. 30 By December 31, 2006, any person, firm or corporation that 31 owns, manages or operates a residential multifamily dwelling 11 4:34 PM 04/21/06 s0528c2d-wm25-c8y
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for SB's 528, 530 & 858 Barcode 542276 1 as defined in paragraph (4)(a) must provide to the local 2 building inspection agency verification of engineering plans 3 for residential multifamily dwellings that provide for the 4 capability to generate power by alternate means. Compliance 5 with installation requirements and operational capability 6 requirements must be verified by local building inspectors and 7 reported to the county emergency management agency by December 8 31, 2007. 9 (c) Each newly constructed residential multifamily 10 dwelling, including a condominium, that is at least 75 feet 11 high and contains a public elevator, as described in s. 12 399.035(2) and (3) and rules adopted by the Florida Building 13 Commission, must have at least one public elevator that is 14 capable of operating on an alternate power source for the 15 purpose of allowing all residents access for a specified 16 number of hours each day over a 5-day period following a 17 natural disaster, manmade disaster, emergency, or other civil 18 disturbance that disrupts the normal supply of electricity. 19 The alternate power source that controls elevator operations 20 must be capable of powering any connected fire alarm system in 21 the building. In addition to the required power source for the 22 elevator and connected fire alarm system, the alternate power 23 supply must be sufficient to provide emergency lighting to the 24 interior lobbies, hallways, and other portions of the building 25 used by the public. Engineering plans and verification of 26 operational capability must be provided by the local building 27 inspector to the county emergency management agency before 28 occupancy of the newly constructed building. 29 (d) Each person, firm, or corporation that is required 30 to maintain an alternate power source under this subsection 31 shall maintain a written emergency operations plan that 12 4:34 PM 04/21/06 s0528c2d-wm25-c8y
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for SB's 528, 530 & 858 Barcode 542276 1 details the sequence of operations before, during, and after a 2 natural or manmade disaster or other emergency situation. The 3 plan must include, at a minimum, a life safety plan for 4 evacuation, maintenance of the electrical and lighting supply, 5 and provisions for the health, safety, and welfare of the 6 residents. In addition, the owner, manager, or operator of the 7 residential multifamily dwelling must keep written records of 8 any contracts for alternative power generation equipment. 9 Also, quarterly inspection records of life safety equipment 10 and alternate power generation equipment must be posted in the 11 elevator machine room or other place conspicuous to the 12 elevator inspector, which confirm that such equipment is 13 properly maintained and in good working condition, and copies 14 of contracts for alternate power generation equipment shall be 15 maintained on site for verification. The written emergency 16 operations plan and inspection records shall also be open for 17 periodic inspection by local and state government agencies as 18 deemed necessary. The owner or operator must keep a generator 19 key in a lockbox posted at or near any installed generator 20 unit. 21 (e) Multistory affordable residential dwellings for 22 persons age 62 and older that are financed or insured by the 23 United States Department of Housing and Urban Development must 24 make every effort to obtain grant funding from the Federal 25 Government or the Florida Housing Finance Corporation to 26 comply with this subsection. If an owner of such a residential 27 dwelling cannot comply with the requirements of this 28 subsection, the owner must develop a plan with the local 29 emergency management agency to ensure that residents are 30 evacuated to a place of safety in the event of a power outage 31 resulting from a natural or manmade disaster or other 13 4:34 PM 04/21/06 s0528c2d-wm25-c8y
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for SB's 528, 530 & 858 Barcode 542276 1 emergency situation that disrupts the normal supply of 2 electricity for an extended period of time. A place of safety 3 may include, but is not limited to, relocation to an 4 alternative site within the building or evacuation to a local 5 shelter. 6 (f) As a part of the annual elevator inspection 7 required under s. 399.061, certified elevator inspectors shall 8 confirm that all installed generators required by this chapter 9 are in working order, have current inspection records posted 10 in the elevator machine room or other place conspicuous to the 11 elevator inspector, and that the required generator key is 12 present in the lockbox posted at or near the installed 13 generator. If a building does not have an installed generator, 14 the inspector shall confirm that the appropriate pre-wiring 15 and switching capabilities are present and that a statement is 16 posted in the elevator machine room or other place conspicuous 17 to the elevator inspector affirming a current guaranteed 18 contract exists for contingent services for alternate power is 19 current for the operating period. 20 21 However, buildings, structures, and facilities must, as a 22 minimum, comply with the requirements in the Americans with 23 Disabilities Act Accessibility Guidelines. 24 Section 6. Paragraph (i) of subsection (2) of section 25 252.35, Florida Statutes, is amended, present paragraphs (j) 26 through (q) of that subsection are redesignated as paragraphs 27 (k) through (r), respectively, present paragraphs (r) through 28 (v) of that subsection are redesignated as paragraphs (u) 29 through (y), respectively, and new paragraphs (j), (s), and 30 (t) are added to that subsection to read: 31 252.35 Emergency management powers; Division of 14 4:34 PM 04/21/06 s0528c2d-wm25-c8y
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for SB's 528, 530 & 858 Barcode 542276 1 Emergency Management.-- 2 (2) The division is responsible for carrying out the 3 provisions of ss. 252.31-252.90. In performing its duties 4 under ss. 252.31-252.90, the division shall: 5 (i) Institute statewide public awareness programs. 6 This shall include an intensive public educational campaign on 7 emergency preparedness issues, including, but not limited to, 8 the personal responsibility of individual citizens to be 9 self-sufficient for up to 72 hours following a natural or 10 manmade disaster. The public educational campaign shall 11 include relevant information on statewide disaster plans, 12 evacuation routes, fuel suppliers, and shelters. All 13 educational materials must be available in alternative formats 14 and mediums to ensure that they are available to persons with 15 disabilities. 16 (j) The Division of Emergency Management and the 17 Department of Education shall coordinate with the Agency For 18 Persons with Disabilities to provide an educational outreach 19 program on disaster preparedness and readiness to individuals 20 who have limited English skills and identify persons who are 21 in need of assistance but are not defined under special-needs 22 criteria. 23 (s) By January 1, 2007, the Division of Emergency 24 Management shall complete an inventory of portable generators 25 owned by the state and local governments which are capable of 26 operating during a major disaster. The inventory must 27 identify, at a minimum, the location of each generator, the 28 number of generators stored at each specific location, the 29 agency to which each the generator belongs, the primary use of 30 the generator by the owner agency, and the names, addresses, 31 and telephone numbers of persons having the authority to loan 15 4:34 PM 04/21/06 s0528c2d-wm25-c8y
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for SB's 528, 530 & 858 Barcode 542276 1 the stored generators as authorized by the Division of 2 Emergency Management during a declared emergency. 3 (t) The division shall maintain an inventory list of 4 generators owned by the state and local governments. In 5 addition, the division may keep a list of private entities, 6 along with appropriate contact information, which offer 7 generators for sale or lease. The list of private entities 8 shall be available to the public for inspection in written and 9 electronic formats. 10 Section 7. There is hereby appropriated $76,150 11 nonrecurring General Revenue to the Department of Community 12 Affairs for a study on the feasibility of incorporating 13 nongovernment agencies and private entities into the 14 logistical supply and distribution system for essential 15 commodities. 16 Section 8. If any provision of this act or its 17 application to any person or circumstance is held invalid, the 18 invalidity does not affect other provisions or applications of 19 the act which can be given effect without the invalid 20 provision or application, and to this end the provisions of 21 this act are severable. 22 Section 9. This act shall take effect July 1, 2006. 23 24 25 ================ T I T L E A M E N D M E N T =============== 26 And the title is amended as follows: 27 Delete everything before the enacting clause 28 29 and insert: 30 A bill to be entitled 31 An act relating to disaster preparedness 16 4:34 PM 04/21/06 s0528c2d-wm25-c8y
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for SB's 528, 530 & 858 Barcode 542276 1 response and recovery; directing the Division 2 of Emergency Management to conduct a 3 feasibility study relating to the supply and 4 distribution of essential commodities by 5 nongovernment and private entities; creating s. 6 526.143, F.S.; providing that each motor fuel 7 terminal facility and wholesaler that sells 8 motor fuel in the state must be capable of 9 operating its distribution loading racks using 10 an alternate power source for a specified 11 period by a certain date; providing 12 requirements with respect to the operation of 13 such equipment following a major disaster; 14 providing requirements with respect to 15 inspection of such equipment; requiring newly 16 constructed or substantially renovated motor 17 fuel retail outlets to be capable of operation 18 using an alternate power source; defining 19 "substantially renovated"; requiring certain 20 motor fuel retail outlets located within a 21 specified distance from an interstate highway 22 or state or federally designated evacuation 23 route to be capable of operation using an 24 alternate power source by a specified date; 25 providing inspection and recordkeeping 26 requirements; providing applicability; creating 27 s. 526.144, F.S.; creating the Florida Disaster 28 Motor Fuel Supplier Program within the 29 Department of Community Affairs; providing 30 requirements for participation in the program; 31 providing that participation in the program 17 4:34 PM 04/21/06 s0528c2d-wm25-c8y
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for SB's 528, 530 & 858 Barcode 542276 1 shall be at the option of each county; 2 providing for administration of the program; 3 providing requirements of businesses certified 4 as State Emergency Response Team members; 5 providing for preemption to the state of the 6 regulation of and requirements for siting and 7 placement of an alternate power source and any 8 related equipment at motor fuel terminal 9 facilities, wholesalers, and retail sales 10 outlets; providing for review of the program; 11 providing a report; amending s. 501.160, F.S., 12 providing limiting price gouge prohibition 13 periods; providing prohibition period renewal; 14 amending s. 553.509, F.S., relating to 15 requirements with respect to vertical 16 accessibility under pt. II of ch. 553, F.S., 17 the "Florida Americans With Disabilities 18 Accessibility Implementation Act"; requiring 19 specified existing and newly constructed 20 residential multifamily dwellings to have at 21 least one public elevator that is capable of 22 operating on an alternate power source for 23 emergency purposes; providing requirements with 24 respect to the alternate power source; 25 providing for verification of compliance by 26 specified dates; providing requirements with 27 respect to emergency operations plans and 28 inspection records; requiring any person, firm, 29 or corporation that owns, manages or operates 30 specified multistory affordable residential 31 dwellings to attempt to obtain grant funding to 18 4:34 PM 04/21/06 s0528c2d-wm25-c8y
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for CS for SB's 528, 530 & 858 Barcode 542276 1 comply with the act; requiring an owner, 2 manager or operator of such a dwelling to 3 develop an evacuation plan in the absence of 4 compliance with the act; providing additional 5 inspection requirements under ch. 399, F.S., 6 the "Elevator Safety Act"; amending s. 252.35, 7 F.S.; expanding the duty of the Division of 8 Emergency Management to conduct a public 9 educational campaign on emergency preparedness 10 issues; expanding the duty of the Division of 11 Emergency Management to create and maintain 12 lists of emergency generators; providing an 13 additional duty of the division with respect to 14 educational outreach concerning disaster 15 preparedness; providing an appropriation to the 16 Department of Community Affairs to conduct a 17 feasibility study; providing severability; 18 providing an effective date. 19 20 21 22 23 24 25 26 27 28 29 30 31 19 4:34 PM 04/21/06 s0528c2d-wm25-c8y