| 1 | A bill to be entitled |
| 2 | An act relating to emergency public shelters; amending s. |
| 3 | 252.35, F.S.; providing that the shelter component of the |
| 4 | state comprehensive emergency management plan must contain |
| 5 | strategies to ensure specified availability of shelter |
| 6 | space that is designated and equipped to accept evacuees |
| 7 | with pets and provide for coordination with local school |
| 8 | boards for the use of high school and middle school locker |
| 9 | rooms as pet evacuation facilities; providing that |
| 10 | staffing plans for such shelters must provide for local |
| 11 | canine search and rescue teams; requiring the component to |
| 12 | set forth policy guidance for sheltering people with pets; |
| 13 | creating s. 252.3568, F.S.; requiring the Division of |
| 14 | Emergency Management to prescribe rules governing the |
| 15 | emergency sheltering of persons with pets; prescribing |
| 16 | requirements for admittance to such a shelter; amending s. |
| 17 | 252.51, F.S.; revising provisions relating to liability |
| 18 | with respect to the designation or use of real estate or |
| 19 | premises for use as a shelter during an actual, impending, |
| 20 | mock, or practice emergency, to conform; providing an |
| 21 | effective date. |
| 22 |
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| 23 | Be It Enacted by the Legislature of the State of Florida: |
| 24 |
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| 25 | Section 1. Paragraph (a) of subsection (2) of section |
| 26 | 252.35, Florida Statutes, is amended to read: |
| 27 | 252.35 Emergency management powers; Division of Emergency |
| 28 | Management.-- |
| 29 | (2) The division is responsible for carrying out the |
| 30 | provisions of ss. 252.31-252.90. In performing its duties under |
| 31 | ss. 252.31-252.90, the division shall: |
| 32 | (a) Prepare a state comprehensive emergency management |
| 33 | plan, which shall be integrated into and coordinated with the |
| 34 | emergency management plans and programs of the Federal |
| 35 | Government. The division must adopt the plan as a rule in |
| 36 | accordance with chapter 120. The plan shall be implemented by a |
| 37 | continuous, integrated comprehensive emergency management |
| 38 | program. The plan must contain provisions to ensure that the |
| 39 | state is prepared for emergencies and minor, major, and |
| 40 | catastrophic disasters, and the division shall work closely with |
| 41 | local governments and agencies and organizations with emergency |
| 42 | management responsibilities in preparing and maintaining the |
| 43 | plan. The state comprehensive emergency management plan shall be |
| 44 | operations oriented and: |
| 45 | 1. Include an evacuation component that includes specific |
| 46 | regional and interregional planning provisions and promotes |
| 47 | intergovernmental coordination of evacuation activities. This |
| 48 | component must, at a minimum: contain guidelines for lifting |
| 49 | tolls on state highways; ensure coordination pertaining to |
| 50 | evacuees crossing county lines; set forth procedures for |
| 51 | directing people caught on evacuation routes to safe shelter; |
| 52 | establish strategies for ensuring sufficient, reasonably priced |
| 53 | fueling locations along evacuation routes; and establish |
| 54 | policies and strategies for emergency medical evacuations. |
| 55 | 2. Include a shelter component that includes specific |
| 56 | regional and interregional planning provisions and promotes |
| 57 | coordination of shelter activities between the public, private, |
| 58 | and nonprofit sectors. This component must, at a minimum: |
| 59 | contain strategies to ensure the availability of adequate public |
| 60 | shelter space in each region of the state, including at least |
| 61 | one shelter space in each county that is designated and equipped |
| 62 | to accept evacuees with pets; provide for coordination with |
| 63 | local school boards for the use of high school and middle school |
| 64 | locker rooms as pet evacuation facilities; establish strategies |
| 65 | for refuge-of-last-resort programs; provide strategies to assist |
| 66 | local emergency management efforts to ensure that adequate |
| 67 | staffing plans exist for all shelters, including medical and |
| 68 | security personnel and, for those shelters designated to accept |
| 69 | evacuees with pets, local canine search and rescue teams; |
| 70 | provide for a postdisaster communications system for public |
| 71 | shelters; establish model shelter guidelines for operations, |
| 72 | registration, inventory, power generation capability, |
| 73 | information management, and staffing; and set forth policy |
| 74 | guidance for sheltering people with special needs and people |
| 75 | with pets. |
| 76 | 3. Include a postdisaster response and recovery component |
| 77 | that includes specific regional and interregional planning |
| 78 | provisions and promotes intergovernmental coordination of |
| 79 | postdisaster response and recovery activities. This component |
| 80 | must provide for postdisaster response and recovery strategies |
| 81 | according to whether a disaster is minor, major, or |
| 82 | catastrophic. The postdisaster response and recovery component |
| 83 | must, at a minimum: establish the structure of the state's |
| 84 | postdisaster response and recovery organization; establish |
| 85 | procedures for activating the state's plan; set forth policies |
| 86 | used to guide postdisaster response and recovery activities; |
| 87 | describe the chain of command during the postdisaster response |
| 88 | and recovery period; describe initial and continuous |
| 89 | postdisaster response and recovery actions; identify the roles |
| 90 | and responsibilities of each involved agency and organization; |
| 91 | provide for a comprehensive communications plan; establish |
| 92 | procedures for monitoring mutual aid agreements; provide for |
| 93 | rapid impact assessment teams; ensure the availability of an |
| 94 | effective statewide urban search and rescue program coordinated |
| 95 | with the fire services; ensure the existence of a comprehensive |
| 96 | statewide medical care and relief plan administered by the |
| 97 | Department of Health; and establish systems for coordinating |
| 98 | volunteers and accepting and distributing donated funds and |
| 99 | goods. |
| 100 | 4. Include additional provisions addressing aspects of |
| 101 | preparedness, response, recovery, and mitigation as determined |
| 102 | necessary by the division. |
| 103 | 5. Address the need for coordinated and expeditious |
| 104 | deployment of state resources, including the Florida National |
| 105 | Guard. In the case of an imminent major disaster, procedures |
| 106 | should address predeployment of the Florida National Guard, and, |
| 107 | in the case of an imminent catastrophic disaster, procedures |
| 108 | should address predeployment of the Florida National Guard and |
| 109 | the United States Armed Forces. |
| 110 | 6. Establish a system of communications and warning to |
| 111 | ensure that the state's population and emergency management |
| 112 | agencies are warned of developing emergency situations and can |
| 113 | communicate emergency response decisions. |
| 114 | 7. Establish guidelines and schedules for annual exercises |
| 115 | that evaluate the ability of the state and its political |
| 116 | subdivisions to respond to minor, major, and catastrophic |
| 117 | disasters and support local emergency management agencies. Such |
| 118 | exercises shall be coordinated with local governments and, to |
| 119 | the extent possible, the Federal Government. |
| 120 | 8. Assign lead and support responsibilities to state |
| 121 | agencies and personnel for emergency support functions and other |
| 122 | support activities. |
| 123 |
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| 124 | The complete state comprehensive emergency management plan shall |
| 125 | be submitted to the President of the Senate, the Speaker of the |
| 126 | House of Representatives, and the Governor on February 1 of |
| 127 | every even-numbered year. |
| 128 | Section 2. Section 252.3568, Florida Statutes, is created |
| 129 | to read: |
| 130 | 252.3568 Emergency sheltering of persons with pets; |
| 131 | registration; requirements for admittance.-- |
| 132 | (1) GENERAL PROVISIONS.--In accordance with the provisions |
| 133 | of s. 252.35, the division shall provide within the shelter |
| 134 | component of the state comprehensive emergency management plan |
| 135 | for at least one shelter space in each county to be designated |
| 136 | and equipped to accept evacuees with pets. The division shall |
| 137 | prescribe rules that: |
| 138 | (a) Restrict the types of pets that may be accepted at |
| 139 | such shelters to cats and dogs. |
| 140 | (b) Provide for postevacuation cleaning, disinfecting, and |
| 141 | maintenance of the shelter by the local emergency management |
| 142 | agency. |
| 143 | (2) REQUIREMENTS FOR ADMITTANCE.--Upon arrival at an |
| 144 | emergency evacuation shelter that accepts pets, the owner of the |
| 145 | pet must present the following: |
| 146 | (a) Proof of address verifying that the owner resides |
| 147 | within the evacuation area. |
| 148 | (b) The pet's identification tag. |
| 149 | (c) The pet's rabies vaccination tag, which should be |
| 150 | attached to the pet. |
| 151 | (d) A current photograph of the pet. |
| 152 | (e) A sturdy leash or harness. |
| 153 | (f) Water and food bowls. |
| 154 | (g) A pet carrier, cage, or other container that is |
| 155 | clearly, legibly, and permanently marked with the name of the |
| 156 | owner and the name of the pet. |
| 157 | (h) Adequate food for 7 days. |
| 158 | (i) A 7-day supply of potable water. |
| 159 | (j) Any medications the pet might require. |
| 160 | (k) Any of the pet's medical records, which must be stored |
| 161 | in a waterproof container. |
| 162 | (l) A pet first-aid kit. |
| 163 | (m) Pet beds and toys, if easily transportable. |
| 164 | Section 3. Section 252.51, Florida Statutes, is amended to |
| 165 | read: |
| 166 | 252.51 Liability.--Any person or organization, public or |
| 167 | private, owning or controlling real estate or other premises who |
| 168 | voluntarily and without compensation, other than payment or |
| 169 | reimbursement of costs and expenses, grants a license or |
| 170 | privilege or otherwise permits the designation by the local |
| 171 | emergency management agency or use of the whole or any part of |
| 172 | such real estate or premises for the purpose of sheltering |
| 173 | persons or animals during an actual, impending, mock, or |
| 174 | practice emergency, together with her or his successor in |
| 175 | interest, if any, shall not be liable for the death of, or |
| 176 | injury to, any person or animal on or about such real estate or |
| 177 | premises during the actual, impending, mock, or practice |
| 178 | emergency, or for loss of, or damage to, the property of such |
| 179 | person, solely by reason or as a result of such license, |
| 180 | privilege, designation, or use, unless the gross negligence or |
| 181 | the willful and wanton misconduct of such person owning or |
| 182 | controlling such real estate or premises or her or his successor |
| 183 | in interest is the proximate cause of such death, injury, loss, |
| 184 | or damage occurring during such sheltering period. Any such |
| 185 | person or organization who provides such shelter space for |
| 186 | compensation shall be deemed to be an instrumentality of the |
| 187 | state or its applicable agency or subdivision for the purposes |
| 188 | of s. 768.28. |
| 189 | Section 4. This act shall take effect July 1, 2006. |