HB 545

1
A bill to be entitled
2An act relating to emergency public shelters; amending s.
3252.35, F.S.; providing that the shelter component of the
4state comprehensive emergency management plan must contain
5strategies to ensure specified availability of shelter
6space that is designated and equipped to accept evacuees
7with pets and provide for coordination with local school
8boards for the use of high school and middle school locker
9rooms as pet evacuation facilities; providing that
10staffing plans for such shelters must provide for local
11canine search and rescue teams; requiring the component to
12set forth policy guidance for sheltering people with pets;
13creating s. 252.3568, F.S.; requiring the Division of
14Emergency Management to prescribe rules governing the
15emergency sheltering of persons with pets; prescribing
16requirements for admittance to such a shelter; amending s.
17252.51, F.S.; revising provisions relating to liability
18with respect to the designation or use of real estate or
19premises for use as a shelter during an actual, impending,
20mock, or practice emergency, to conform; providing an
21effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Paragraph (a) of subsection (2) of section
26252.35, Florida Statutes, is amended to read:
27     252.35  Emergency management powers; Division of Emergency
28Management.--
29     (2)  The division is responsible for carrying out the
30provisions of ss. 252.31-252.90. In performing its duties under
31ss. 252.31-252.90, the division shall:
32     (a)  Prepare a state comprehensive emergency management
33plan, which shall be integrated into and coordinated with the
34emergency management plans and programs of the Federal
35Government. The division must adopt the plan as a rule in
36accordance with chapter 120. The plan shall be implemented by a
37continuous, integrated comprehensive emergency management
38program. The plan must contain provisions to ensure that the
39state is prepared for emergencies and minor, major, and
40catastrophic disasters, and the division shall work closely with
41local governments and agencies and organizations with emergency
42management responsibilities in preparing and maintaining the
43plan. The state comprehensive emergency management plan shall be
44operations oriented and:
45     1.  Include an evacuation component that includes specific
46regional and interregional planning provisions and promotes
47intergovernmental coordination of evacuation activities. This
48component must, at a minimum: contain guidelines for lifting
49tolls on state highways; ensure coordination pertaining to
50evacuees crossing county lines; set forth procedures for
51directing people caught on evacuation routes to safe shelter;
52establish strategies for ensuring sufficient, reasonably priced
53fueling locations along evacuation routes; and establish
54policies and strategies for emergency medical evacuations.
55     2.  Include a shelter component that includes specific
56regional and interregional planning provisions and promotes
57coordination of shelter activities between the public, private,
58and nonprofit sectors. This component must, at a minimum:
59contain strategies to ensure the availability of adequate public
60shelter space in each region of the state, including at least
61one shelter space in each county that is designated and equipped
62to accept evacuees with pets; provide for coordination with
63local school boards for the use of high school and middle school
64locker rooms as pet evacuation facilities; establish strategies
65for refuge-of-last-resort programs; provide strategies to assist
66local emergency management efforts to ensure that adequate
67staffing plans exist for all shelters, including medical and
68security personnel and, for those shelters designated to accept
69evacuees with pets, local canine search and rescue teams;
70provide for a postdisaster communications system for public
71shelters; establish model shelter guidelines for operations,
72registration, inventory, power generation capability,
73information management, and staffing; and set forth policy
74guidance for sheltering people with special needs and people
75with pets.
76     3.  Include a postdisaster response and recovery component
77that includes specific regional and interregional planning
78provisions and promotes intergovernmental coordination of
79postdisaster response and recovery activities. This component
80must provide for postdisaster response and recovery strategies
81according to whether a disaster is minor, major, or
82catastrophic. The postdisaster response and recovery component
83must, at a minimum: establish the structure of the state's
84postdisaster response and recovery organization; establish
85procedures for activating the state's plan; set forth policies
86used to guide postdisaster response and recovery activities;
87describe the chain of command during the postdisaster response
88and recovery period; describe initial and continuous
89postdisaster response and recovery actions; identify the roles
90and responsibilities of each involved agency and organization;
91provide for a comprehensive communications plan; establish
92procedures for monitoring mutual aid agreements; provide for
93rapid impact assessment teams; ensure the availability of an
94effective statewide urban search and rescue program coordinated
95with the fire services; ensure the existence of a comprehensive
96statewide medical care and relief plan administered by the
97Department of Health; and establish systems for coordinating
98volunteers and accepting and distributing donated funds and
99goods.
100     4.  Include additional provisions addressing aspects of
101preparedness, response, recovery, and mitigation as determined
102necessary by the division.
103     5.  Address the need for coordinated and expeditious
104deployment of state resources, including the Florida National
105Guard. In the case of an imminent major disaster, procedures
106should address predeployment of the Florida National Guard, and,
107in the case of an imminent catastrophic disaster, procedures
108should address predeployment of the Florida National Guard and
109the United States Armed Forces.
110     6.  Establish a system of communications and warning to
111ensure that the state's population and emergency management
112agencies are warned of developing emergency situations and can
113communicate emergency response decisions.
114     7.  Establish guidelines and schedules for annual exercises
115that evaluate the ability of the state and its political
116subdivisions to respond to minor, major, and catastrophic
117disasters and support local emergency management agencies. Such
118exercises shall be coordinated with local governments and, to
119the extent possible, the Federal Government.
120     8.  Assign lead and support responsibilities to state
121agencies and personnel for emergency support functions and other
122support activities.
123
124The complete state comprehensive emergency management plan shall
125be submitted to the President of the Senate, the Speaker of the
126House of Representatives, and the Governor on February 1 of
127every even-numbered year.
128     Section 2.  Section 252.3568, Florida Statutes, is created
129to read:
130     252.3568  Emergency sheltering of persons with pets;
131registration; requirements for admittance.--
132     (1)  GENERAL PROVISIONS.--In accordance with the provisions
133of s. 252.35, the division shall provide within the shelter
134component of the state comprehensive emergency management plan
135for at least one shelter space in each county to be designated
136and equipped to accept evacuees with pets. The division shall
137prescribe rules that:
138     (a)  Restrict the types of pets that may be accepted at
139such shelters to cats and dogs.
140     (b)  Provide for postevacuation cleaning, disinfecting, and
141maintenance of the shelter by the local emergency management
142agency.
143     (2)  REQUIREMENTS FOR ADMITTANCE.--Upon arrival at an
144emergency evacuation shelter that accepts pets, the owner of the
145pet must present the following:
146     (a)  Proof of address verifying that the owner resides
147within the evacuation area.
148     (b)  The pet's identification tag.
149     (c)  The pet's rabies vaccination tag, which should be
150attached 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
155clearly, legibly, and permanently marked with the name of the
156owner 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
161in 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
165read:
166     252.51  Liability.--Any person or organization, public or
167private, owning or controlling real estate or other premises who
168voluntarily and without compensation, other than payment or
169reimbursement of costs and expenses, grants a license or
170privilege or otherwise permits the designation by the local
171emergency management agency or use of the whole or any part of
172such real estate or premises for the purpose of sheltering
173persons or animals during an actual, impending, mock, or
174practice emergency, together with her or his successor in
175interest, if any, shall not be liable for the death of, or
176injury to, any person or animal on or about such real estate or
177premises during the actual, impending, mock, or practice
178emergency, or for loss of, or damage to, the property of such
179person, solely by reason or as a result of such license,
180privilege, designation, or use, unless the gross negligence or
181the willful and wanton misconduct of such person owning or
182controlling such real estate or premises or her or his successor
183in interest is the proximate cause of such death, injury, loss,
184or damage occurring during such sheltering period. Any such
185person or organization who provides such shelter space for
186compensation shall be deemed to be an instrumentality of the
187state or its applicable agency or subdivision for the purposes
188of s. 768.28.
189     Section 4.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.