Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 7121, 1st Eng.
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CHAMBER ACTION
Senate House
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11 Senator Diaz de la Portilla moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. The Legislature finds that there is a
18 compelling need fvements in infrastructure, as
19 identified during the 2004 and 2005 hurricane seasons, in
20 order to better protect the residents of this state. Based on
21 the criteria specified in this section, the Legislature shall
22 make funds available to local and state agencies through
23 appropriations to the Department of Community Affairs for the
24 purpose of enhancing public education and information,
25 constructing or improving county emergency operations centers
26 and designated alternate state emergency operations centers,
27 providing emergency power for public special-needs hurricane
28 evacuation shelters, retrofitting public hurricane evacuation
29 shelters, improving logistical staging and warehouse capacity
30 for commodities, and planning for hurricane evacuations. The
31 criteria in this section shall be considered by the
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1 Legislature in determining eligibility for funding.
2 (1)(a) The Legislature finds that county emergency
3 operations centers and designated alternate state emergency
4 operations centers should meet minimum criteria for structural
5 survivability and sufficiency of operational space, as
6 determined by assessments performed by the Department of
7 Community Affairs using the structural requirements of
8 American Red Cross Standard ARC 4496, "Guidelines for
9 Hurricane Evacuation Shelter Selection," and based on guidance
10 from the Federal Emergency Management Agency. Criteria for
11 prioritizing and recommending the funding for county emergency
12 operations centers and designated alternate state emergency
13 operations centers include, but are not limited to, county
14 population, hurricane evacuation clearance time for the
15 vulnerable population of the county, structural survivability
16 of the existing emergency operations center, and guidance of
17 the Federal Emergency Management Agency for workspace
18 requirements for the emergency operations center. First
19 priority for funding recommendations shall be for county
20 emergency operations centers or designated alternate state
21 emergency operations centers where no survivable facility
22 exists and where workspace deficits exist. Funding
23 recommendations made pursuant to this paragraph may not
24 include land acquisition; the purchase of equipment,
25 furnishings, communications, or operational systems; or
26 recurring expenditures. Funding recommendations must be
27 limited to the construction or structural renovation of the
28 county emergency operations center or designated alternate
29 state emergency operations centers needed to meet the same
30 structural requirements of American Red Cross Standard ARC
31 4496, "Guidelines for Hurricane Evacuation Shelter Selection,"
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Bill No. HB 7121, 1st Eng.
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1 and national workspace recommendations. The Department of
2 Community Affairs shall establish a statewide competitive
3 grant application process for proposals to construct or
4 improve county emergency operations centers such that those
5 centers would, upon completion of the project, meet minimum
6 criteria as specified in this section. The application may
7 contain one or more independent proposals for:
8 1. A construction or improvement project requesting
9 state financial assistance or having received state financial
10 assistance which also includes facility hardening or
11 mitigation and which qualifies for funding under the federal
12 Hazard Mitigation Grant Program. These proposals must document
13 the commitment of all local funds needed and identify the
14 proposed state and federal funding needed, based on the
15 funding criteria specified in this paragraph, to complete the
16 project for a fully operational county emergency operations
17 center or designated alternate state emergency operations
18 center.
19 2. A construction or improvement project to be funded
20 with local or other nonstate funds which includes facility
21 hardening or mitigation and which qualifies for funding under
22 the federal Hazard Mitigation Grant Program. These proposals
23 must document the commitment of all local funds needed and
24 identify the proposed federal funding needed, based on the
25 funding criteria in this paragraph, to complete the project
26 for a fully operational county emergency operations center or
27 a designated alternate state emergency operations center.
28 (b) The department shall prioritize all properly
29 submitted project applications based on minimum criteria as
30 specified in this section, local government participation, and
31 documented need. In reviewing proposals, the department must
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1 take into consideration all state funds already provided for
2 the project which have not been expended but which will
3 decrease the project's fiscal need once expended. The amount
4 of a project's cost recommended for funding by the department
5 shall be limited to those costs considered reasonably
6 necessary to meet minimum criteria specified in this section.
7 The release of any funds specifically appropriated to
8 implement this subsection must be approved by the Legislative
9 Budget Commission. Upon completion of the prioritization
10 process, and no later than November 1, 2006, the department
11 shall submit to the Legislative Budget Commission for approval
12 a comprehensive funding proposal for the construction of and
13 improvements to county emergency operations centers and
14 designated alternate state emergency operations centers using
15 appropriated funds. The proposal submitted to the Legislative
16 Budget Commission must include a detailed identification of
17 the project and the corresponding detailed local, state, and
18 federal funding proposed for each project. In order to ensure
19 the maximum use of federal funds that are available for the
20 Hazard Mitigation Grant Program, any federal funds
21 appropriated to implement this subsection which remain after
22 fully allocating those funds to proposals under subparagraphs
23 1. and 2. may be used to fund proposals for retrofitting
24 hurricane evacuation shelters under subsection (3). Any
25 federal funds appropriated to implement this paragraph which
26 remain after fully allocating those funds for proposals under
27 subparagraphs 1. and 2. and subsection (3) shall be
28 appropriated for distribution pursuant to chapter 9G-22,
29 Florida Administrative Code. The Executive Office of the
30 Governor may submit a budget amendment to transfer those funds
31 in accordance with chapter 216, Florida Statutes.
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1 (2) The Legislature finds that by June 1, 2007, all
2 designated public special-needs hurricane evacuation shelters
3 should be equipped with permanent emergency power generating
4 capacity in order to provide electrical power for necessary
5 medical equipment for persons housed in the shelter and for
6 heating, ventilating, and air-conditioning the facility. An
7 appropriation for equipping a public special-needs hurricane
8 evacuation shelter with permanent emergency power generating
9 capacity may also be used in coordination with local
10 communities in order to increase the number of special-needs
11 shelter spaces that are available and to ensure that a
12 sufficient number of public special-needs shelters are
13 designated to meet the anticipated demand based on the best
14 available data as determined jointly by the Department of
15 Community Affairs and the Department of Health.
16 (3) The Legislature finds that retrofitting public
17 hurricane evacuation shelters is an efficient and economical
18 method of accelerating the state and local efforts to reduce
19 the deficit in shelter space. Criteria for assessing and
20 prioritizing the funding needs for retrofitting public
21 hurricane evacuation shelters include, but are not limited to,
22 the project's ability to meet the structural and siting
23 requirements of American Red Cross Standard ARC 4496,
24 "Guidelines for Hurricane Evacuation Shelter Selection," once
25 completed; the shelter needs of the local government as well
26 as the overall needs of the hurricane evacuation planning
27 region; the cost-effectiveness of the project in terms of the
28 number of public hurricane evacuation spaces; and the priority
29 ranking of the proposed project in the applicable local
30 mitigation strategy. The Department of Community Affairs shall
31 establish a statewide competitive grant application process
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1 for retrofitting public hurricane evacuation shelters to meet
2 the minimum criteria specified in this section. In reviewing
3 proposals, the department shall consider all state funds
4 already provided for the project which have not been expended
5 but which will decrease the project's fiscal need once
6 expended. The department shall prioritize all properly
7 submitted project applications based on criteria specified in
8 this section and documented need. The release of any funds
9 specifically appropriated to implement this subsection must be
10 approved by the Legislative Budget Commission. Upon completion
11 of the prioritization process, and no later than November 1,
12 2006, the department shall recommend funding for retrofitting
13 public hurricane evacuation shelters to the Legislative Budget
14 Commission for approval. In order to ensure maximum use of
15 federal funds available for the Hazard Mitigation Grant
16 Program, any federal funds appropriated to implement this
17 subsection which are remaining after fully allocating those
18 funds to proposals under this subsection shall be appropriated
19 for distribution pursuant to chapter 9G-22, Florida
20 Administrative Code. The Executive Office of the Governor may
21 submit a budget amendment to transfer those funds in
22 accordance with the provisions of chapter 216, Florida
23 Statutes.
24 (4) The Legislature finds that improved logistical
25 staging and warehouse capacity for commodities will help
26 ensure that adequate supplies, equipment, and commodities are
27 available and accessible for purposes of responding to
28 disasters. Appropriated funds may be used for increasing
29 storage capacity; improving technologies to manage
30 commodities; and enhancing the state's ability to maintain in
31 a safe and secure manner an inventory of supplies, equipment,
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1 and commodities that would be needed in the immediate
2 aftermath of a disaster. The release of any funds specifically
3 appropriated to implement this subsection must be approved by
4 the Legislative Budget Commission. The department shall submit
5 a funding plan for improved logistical staging and warehouse
6 capacity to the Legislative Budget Commission for approval by
7 September 1, 2006. Procurement of technologies to perform
8 inventory tracking and commodities management must comply with
9 the provisions of s. 287.057, Florida Statutes, requiring
10 competitive bids.
11 (5) The Legislature finds that hurricane evacuation
12 planning is a critical task that must be completed in the most
13 effective and efficient manner possible. Appropriated funds
14 may be used to update current regional evacuation plans and
15 shall incorporate current transportation networks, behavioral
16 studies, and vulnerability studies. In addition, funds may be
17 used to perform computer-modeling analysis on the effects of
18 storm-surge events. Procurement of technologies to perform the
19 updates and computer modeling must comply with the provisions
20 s. 287.057, Florida Statutes, requiring competitive bids.
21 Section 2. The sum of $13.2 million in fixed capital
22 outlay is appropriated from the General Revenue Fund and the
23 sum of $39.6 million is appropriated from the U.S.
24 Contributions Trust Fund to the Department of Community
25 Affairs for the purpose of implementing the provisions of this
26 act relating to providing emergency power generators in
27 special-needs shelters during the 2006-2007 state fiscal year.
28 The Department of Community Affairs may not use more than 5
29 percent of these funds to administer the funding provided.
30 Section 3. The sum of $15 million in fixed capital
31 outlay is appropriated from the U.S. Contributions Trust Fund
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1 to the Department of Community Affairs for the purpose of
2 implementing the provisions of this act relating to
3 retrofitting public hurricane evacuation shelters during the
4 2006-2007 state fiscal year. The Department of Community
5 Affairs may not use more than 5 percent of these funds to
6 administer the funding provided.
7 Section 4. The sum of $29 million is appropriated from
8 the U.S. Contributions Trust Fund to the Department of
9 Community Affairs for the purpose of implementing the
10 provisions of this act relating to hurricane evacuation
11 planning during the 2006-2007 state fiscal year. The
12 Department of Community Affairs may not use more than 5
13 percent of these funds to administer the funding provided.
14 Section 5. The sum of $2.1 million in recurring funds
15 is appropriated from the General Revenue Fund and the sum of
16 $4.4 million is appropriated from the Emergency Management
17 Preparedness and Assistance Trust Fund to the Department of
18 Community Affairs for the 2006-2007 state fiscal year.
19 Notwithstanding s. 252.373, Florida Statutes, these funds may
20 be used to implement the provisions of this act relating to
21 improved logistical staging and warehouse capacity for
22 commodities.
23 Section 6. The sum of $20 million in fixed capital
24 outlay is appropriated from the General Revenue Fund and the
25 sum of $25 million is appropriated from the U.S. Contributions
26 Trust Fund to the Department of Community Affairs for the
27 purpose of implementing the provisions of this act relating to
28 county emergency operations centers and designated alternate
29 state emergency operations centers during the 2006-2007 state
30 fiscal year. The Department of Community Affairs may not use
31 more than 5 percent of these funds to administer the funding
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1 provided.
2 Section 7. The sum of $3.4 million is appropriated
3 from the U.S. Contributions Trust Fund to the Department of
4 Community Affairs for the purpose of implementing the
5 provisions of this act relating to enhanced public education
6 and information on hurricane preparedness during the 2006-2007
7 state fiscal year.
8 Section 8. The Legislature finds that there is a
9 compelling need to better coordinate emergency response
10 capabilities among local, state, federal, nongovernment, and
11 private sector partners to provide the best and most effective
12 postdisaster services to the people of the State of Florida.
13 In order to encourage the rapid recovery of economies in
14 disaster affected areas, the Legislature finds that programs
15 to restore normal commerce in communities should be a part of
16 the State Comprehensive Emergency Management Plan. The
17 Legislature recognizes nongovernment agencies and the private
18 sector as key partners in disaster preparedness, response, and
19 recovery. Further, the Legislature recognizes the demonstrated
20 abilities and contributions of these entities in successfully
21 providing logistical support and commodities through
22 well-proven distribution systems. In order to enhance the
23 State Comprehensive Plan, the Division of Emergency Management
24 within the Department of Community Affairs is directed to
25 conduct a feasibility study on incorporating into the state's
26 emergency management plan the logistical supply and
27 distribution of essential commodities by nongovernment
28 agencies and private entities. In conducting the study, the
29 division shall consult with the Florida Retail Federation, the
30 Florida Petroleum Council, the Florida Petroleum Marketers and
31 Convenience Store Association, the Florida Emergency
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1 Preparedness Association, the American Red Cross, Volunteer
2 Florida, and other entities as appropriate. As part of the
3 study, the division shall create a set of operational
4 standards that may be adopted by retail establishments to
5 qualify for preemption from local government regulations in
6 response to a disaster. No later than February 1, 2007, the
7 division shall make recommendations based on the study to the
8 Governor, the President of the Senate, and the Speaker of the
9 House of Representatives, and shall provide a set of
10 operational standards for retail establishments which are
11 recognized as part of the state emergency management plan.
12 These standards must be met in order for retail establishments
13 to participate in the state emergency response to a disaster
14 and to qualify for preemption of regulation of such businesses
15 to the state during such a response.
16 Section 9. Effective July 1, 2006, section 526.143,
17 Florida Statutes, is 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
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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
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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
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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
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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 10. Effective July 1, 2006, section 526.144,
14 Florida Statutes, is 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
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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
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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
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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)(a) Notwithstanding any other law or local
11 ordinance and for the purpose of ensuring an appropriate
12 emergency management response following major disasters in
13 this state, the regulation, siting, and placement of alternate
14 power 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 (b) Notwithstanding any other law or other ordinance
18 and for the purpose of ensuring an appropriate emergency
19 management response following major disasters in this state,
20 the regulation of all other retail establishments
21 participating in such response shall be as follows:
22 1. Regulation of retail establishments that meet the
23 standards created by the Division of Emergency Management in
24 the report required in section 8 of this act by July 1, 2007,
25 is preempted to the state and until such standards are
26 adopted, the regulation of these retail establishments is
27 preempted to the state;
28 2. The division shall provide written certification of
29 such preemption to retail establishments that qualify and
30 shall provide such information to local governments upon
31 request; and
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1 3. Regulation of retail establishments that do not
2 meet the operational standards is subject to local government
3 laws or ordinances.
4 (6) The Energy Office of the Department of
5 Environmental Protection shall review situational progress in
6 post-disaster motor fuel supply distribution and provide a
7 report to the Legislature by March 1, 2007. The report must
8 include information concerning statewide compliance with s.
9 526.143, Florida Statutes, and an identification of all motor
10 fuel retail outlets that are participating in the Florida
11 Disaster Motor Fuel Supplier Program.
12 Section 11. Effective July 1, 2006, subsection (2) of
13 section 501.160, Florida Statutes, is amended to read:
14 501.160 Rental or sale of essential commodities during
15 a declared state of emergency; prohibition against
16 unconscionable prices.--
17 (2) Upon a declaration of a state of emergency by the
18 Governor, it is unlawful and a violation of s. 501.204 for a
19 person or her or his agent or employee to rent or sell or
20 offer to rent or sell at an unconscionable price within the
21 area for which the state of emergency is declared, any
22 essential commodity including, but not limited to, supplies,
23 services, provisions, or equipment that is necessary for
24 consumption or use as a direct result of the emergency. This
25 prohibition is effective not to exceed 60 days under the
26 initial declared state of emergency as defined in s. 252.36(2)
27 and shall be renewed by statement in any subsequent renewals
28 of the declared state of emergency by the Governor remains in
29 effect until the declaration expires or is terminated.
30 Section 12. Effective July 1, 2006, section 553.509,
31 Florida Statutes, is amended to read:
18
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1 553.509 Vertical accessibility.--
2 (1) Nothing in sections 553.501-553.513 or the
3 guidelines shall be construed to relieve the owner of any
4 building, structure, or facility governed by those sections
5 from the duty to provide vertical accessibility to all levels
6 above and below the occupiable grade level, regardless of
7 whether the guidelines require an elevator to be installed in
8 such building, structure, or facility, except for:
9 (a)(1) Elevator pits, elevator penthouses, mechanical
10 rooms, piping or equipment catwalks, and automobile
11 lubrication and maintenance pits and platforms;
12 (b)(2) Unoccupiable spaces, such as rooms, enclosed
13 spaces, and storage spaces that are not designed for human
14 occupancy, for public accommodations, or for work areas; and
15 (c)(3) Occupiable spaces and rooms that are not open
16 to the public and that house no more than five persons,
17 including, but not limited to, equipment control rooms and
18 projection booths.
19 (2)(a) Any person, firm, or corporation that owns,
20 manages, or operates a residential multifamily dwelling,
21 including a condominium, that is at least 75 feet high and
22 contains a public elevator, as described in s. 399.035(2) and
23 (3) and rules adopted by the Florida Building Commission,
24 shall have at least one public elevator that is capable of
25 operating on an alternate power source for emergency purposes.
26 Alternate power shall be available for the purpose of allowing
27 all residents access for a specified number of hours each day
28 over a 5-day period following a natural disaster, manmade
29 disaster, emergency, or other civil disturbance that disrupts
30 the normal supply of electricity. The alternate power source
31 that controls elevator operations must also be capable of
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1 powering any connected fire alarm system in the building.
2 (b) At a minimum, the elevator must be appropriately
3 pre-wired and prepared to accept an alternate power source and
4 must have a connection on the line side of the main
5 disconnect, pursuant to National Electric Code Handbook,
6 Article 700. In addition to the required power source for the
7 elevator and connected fire alarm system in the building, the
8 alternate power supply must be sufficient to provide emergency
9 lighting to the interior lobbies, hallways, and other portions
10 of the building used by the public. Residential multifamily
11 dwellings must have an available generator and fuel source on
12 the property or have proof of a current contract posted in the
13 elevator machine room or other place conspicuous to the
14 elevator inspector affirming a current guaranteed service
15 contract for such equipment and fuel source to operate the
16 elevator on an on-call basis within 24 hours after a request.
17 By December 31, 2006, any person, firm or corporation that
18 owns, manages or operates a residential multifamily dwelling
19 as defined in paragraph (2)(a) must provide to the local
20 building inspection agency verification of engineering plans
21 for residential multifamily dwellings that provide for the
22 capability to generate power by alternate means. Compliance
23 with installation requirements and operational capability
24 requirements must be verified by local building inspectors and
25 reported to the county emergency management agency by December
26 31, 2007.
27 (c) Each newly constructed residential multifamily
28 dwelling, including a condominium, that is at least 75 feet
29 high and contains a public elevator, as described in s.
30 399.035(2) and (3) and rules adopted by the Florida Building
31 Commission, must have at least one public elevator that is
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1 capable of operating on an alternate power source for the
2 purpose of allowing all residents access for a specified
3 number of hours each day over a 5-day period following a
4 natural disaster, manmade disaster, emergency, or other civil
5 disturbance that disrupts the normal supply of electricity.
6 The alternate power source that controls elevator operations
7 must be capable of powering any connected fire alarm system in
8 the building. In addition to the required power source for the
9 elevator and connected fire alarm system, the alternate power
10 supply must be sufficient to provide emergency lighting to the
11 interior lobbies, hallways, and other portions of the building
12 used by the public. Engineering plans and verification of
13 operational capability must be provided by the local building
14 inspector to the county emergency management agency before
15 occupancy of the newly constructed building.
16 (d) Each person, firm, or corporation that is required
17 to maintain an alternate power source under this subsection
18 shall maintain a written emergency operations plan that
19 details the sequence of operations before, during, and after a
20 natural or manmade disaster or other emergency situation. The
21 plan must include, at a minimum, a life safety plan for
22 evacuation, maintenance of the electrical and lighting supply,
23 and provisions for the health, safety, and welfare of the
24 residents. In addition, the owner, manager, or operator of the
25 residential multifamily dwelling must keep written records of
26 any contracts for alternative power generation equipment.
27 Also, quarterly inspection records of life safety equipment
28 and alternate power generation equipment must be posted in the
29 elevator machine room or other place conspicuous to the
30 elevator inspector, which confirm that such equipment is
31 properly maintained and in good working condition, and copies
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1 of contracts for alternate power generation equipment shall be
2 maintained on site for verification. The written emergency
3 operations plan and inspection records shall also be open for
4 periodic inspection by local and state government agencies as
5 deemed necessary. The owner or operator must keep a generator
6 key in a lockbox posted at or near any installed generator
7 unit.
8 (e) Multistory affordable residential dwellings for
9 persons age 62 and older that are financed or insured by the
10 United States Department of Housing and Urban Development must
11 make every effort to obtain grant funding from the Federal
12 Government or the Florida Housing Finance Corporation to
13 comply with this subsection. If an owner of such a residential
14 dwelling cannot comply with the requirements of this
15 subsection, the owner must develop a plan with the local
16 emergency management agency to ensure that residents are
17 evacuated to a place of safety in the event of a power outage
18 resulting from a natural or manmade disaster or other
19 emergency situation that disrupts the normal supply of
20 electricity for an extended period of time. A place of safety
21 may include, but is not limited to, relocation to an
22 alternative site within the building or evacuation to a local
23 shelter.
24 (f) As a part of the annual elevator inspection
25 required under s. 399.061, certified elevator inspectors shall
26 confirm that all installed generators required by this chapter
27 are in working order, have current inspection records posted
28 in the elevator machine room or other place conspicuous to the
29 elevator inspector, and that the required generator key is
30 present in the lockbox posted at or near the installed
31 generator. If a building does not have an installed generator,
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1 the inspector shall confirm that the appropriate pre-wiring
2 and switching capabilities are present and that a statement is
3 posted in the elevator machine room or other place conspicuous
4 to the elevator inspector affirming a current guaranteed
5 contract exists for contingent services for alternate power is
6 current for the operating period.
7
8 However, buildings, structures, and facilities must, as a
9 minimum, comply with the requirements in the Americans with
10 Disabilities Act Accessibility Guidelines.
11 Section 13. Effective July 1, 2006, paragraph (i) of
12 subsection (2) of section 252.35, Florida Statutes, is
13 amended, present paragraphs (j) through (q) of that subsection
14 are redesignated as paragraphs (k) through (r), respectively,
15 present paragraphs (r) through (v) of that subsection are
16 redesignated as paragraphs (u) through (y), respectively, and
17 new paragraphs (j), (s), and (t) are added to that subsection
18 to read:
19 252.35 Emergency management powers; Division of
20 Emergency Management.--
21 (2) The division is responsible for carrying out the
22 provisions of ss. 252.31-252.90. In performing its duties
23 under ss. 252.31-252.90, the division shall:
24 (i) Institute statewide public awareness programs.
25 This shall include an intensive public educational campaign on
26 emergency preparedness issues, including, but not limited to,
27 the personal responsibility of individual citizens to be
28 self-sufficient for up to 72 hours following a natural or
29 manmade disaster. The public educational campaign shall
30 include relevant information on statewide disaster plans,
31 evacuation routes, fuel suppliers, and shelters. All
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1 educational materials must be available in alternative formats
2 and mediums to ensure that they are available to persons with
3 disabilities.
4 (j) The Division of Emergency Management and the
5 Department of Education shall coordinate with the Agency For
6 Persons with Disabilities to provide an educational outreach
7 program on disaster preparedness and readiness to individuals
8 who have limited English skills and identify persons who are
9 in need of assistance but are not defined under special-needs
10 criteria.
11 (s) By January 1, 2007, the Division of Emergency
12 Management shall complete an inventory of portable generators
13 owned by the state and local governments which are capable of
14 operating during a major disaster. The inventory must
15 identify, at a minimum, the location of each generator, the
16 number of generators stored at each specific location, the
17 agency to which each the generator belongs, the primary use of
18 the generator by the owner agency, and the names, addresses,
19 and telephone numbers of persons having the authority to loan
20 the stored generators as authorized by the Division of
21 Emergency Management during a declared emergency.
22 (t) The division shall maintain an inventory list of
23 generators owned by the state and local governments. In
24 addition, the division may keep a list of private entities,
25 along with appropriate contact information, which offer
26 generators for sale or lease. The list of private entities
27 shall be available to the public for inspection in written and
28 electronic formats.
29 Section 14. There is appropriated $76,150 in
30 nonrecurring general revenue funds to the Department of
31 Community Affairs for a study on the feasibility of
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1 incorporating nongovernment agencies and private entities into
2 the logistical supply and distribution system for essential
3 commodities. This section takes effect July 1, 2006.
4 Section 15. If any provision of this act or its
5 application to any person or circumstance is held invalid, the
6 invalidity does not affect other provisions or applications of
7 the act which can be given effect without the invalid
8 provision or application, and to this end the provisions of
9 this act are severable.
10 Section 16. Effective July 1, 2006, section 252.355,
11 Florida Statutes, is amended to read:
12 252.355 Registry of persons with special needs;
13 notice.--
14 (1) In order to meet the special needs of persons who
15 would need assistance during evacuations and sheltering
16 because of physical, mental, cognitive impairment, or sensory
17 disabilities, each local emergency management agency in the
18 state shall maintain a registry of persons with special needs
19 located within the jurisdiction of the local agency. The
20 registration shall identify those persons in need of
21 assistance and plan for resource allocation to meet those
22 identified needs. To assist the local emergency management
23 agency in identifying such persons, home health agencies,
24 hospices, nurse registries, home medical equipment providers,
25 the Department of Children and Family Services, Department of
26 Health, Agency for Health Care Administration, Department of
27 Education, Agency for Persons with Disabilities, Labor and
28 Employment Security, and Department of Elderly Affairs shall
29 provide registration information to all of their special needs
30 clients and to all persons with special needs who receive
31 services incoming clients as a part of the intake process. The
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1 registry shall be updated annually. The registration program
2 shall give persons with special needs the option of
3 preauthorizing emergency response personnel to enter their
4 homes during search and rescue operations if necessary to
5 assure their safety and welfare following disasters.
6 (2) The Department of Community Affairs shall be the
7 designated lead agency responsible for community education and
8 outreach to the public, including special needs clients,
9 regarding registration and special needs shelters and general
10 information regarding shelter stays.
11 (3) A person with special needs must be allowed to
12 bring his or her service animal into a special needs shelter
13 in accordance with s. 413.08.
14 (4)(a)(2) On or before May 31 May 1 of each year each
15 electric utility in the state shall annually notify
16 residential customers in its service area of the availability
17 of the registration program available through their local
18 emergency management agency by:.
19 1. An initial notification upon the activation of new
20 residential service with the electric utility, followed by one
21 annual notification between January 1 and May 31; or
22 2. Two separate annual notifications between January 1
23 and May 31.
24 (b) The notification may be made by any available
25 means, including, but not limited to, written, electronic, or
26 verbal notification, and may be made concurrently with any
27 other notification to residential customers required by law or
28 rule.
29 (5)(3) All records, data, information, correspondence,
30 and communications relating to the registration of persons
31 with special needs as provided in subsection (1) are
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1 confidential and exempt from the provisions of s. 119.07(1),
2 except that such information shall be available to other
3 emergency response agencies, as determined by the local
4 emergency management director. Local law enforcement agencies
5 shall be given complete shelter roster information upon
6 request.
7 (6)(4) All appropriate agencies and community-based
8 service providers, including home health care providers,
9 hospices, nurse registries, and home medical equipment
10 providers, shall assist emergency management agencies by
11 collecting registration information for persons with special
12 needs as part of program intake processes, establishing
13 programs to increase the awareness of the registration
14 process, and educating clients about the procedures that may
15 be necessary for their safety during disasters. Clients of
16 state or federally funded service programs with physical,
17 mental, cognitive impairment, or sensory disabilities who need
18 assistance in evacuating, or when in shelters, must register
19 as persons with special needs.
20 Section 17. Effective July 1, 2006, section 252.3568,
21 Florida Statutes, is created to read:
22 252.3568 Emergency sheltering of persons with
23 pets.--In accordance with s. 252.35, the division shall
24 address strategies for the evacuation of persons with pets in
25 the shelter component of the state comprehensive emergency
26 management plan and shall include the requirement for similar
27 strategies in its standards and requirements for local
28 comprehensive emergency management plans. The Department of
29 Agriculture and Consumer Services shall assist the division in
30 determining strategies regarding this activity.
31 Section 18. Effective July 1, 2006, section 252.357,
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1 Florida Statutes, is created to read:
2 252.357 Monitoring of nursing homes and assisted
3 living facilities during disaster.--The Florida Comprehensive
4 Emergency Management Plan shall permit the Agency for Health
5 Care Administration, working from the agency's offices or in
6 the Emergency Operations Center, ESF-8, to make initial
7 contact with each nursing home and assisted living facility in
8 the disaster area. The agency, by July 15, 2006, and annually
9 thereafter, shall publish on the Internet an emergency
10 telephone number that may be used by nursing homes and
11 assisted living facilities to contact the agency on a schedule
12 established by the agency to report requests for assistance.
13 The agency may also provide the telephone number to each
14 facility when it makes the initial facility call.
15 Section 19. Effective July 1, 2006, subsections (2)
16 and (4) of section 252.385, Florida Statutes, are amended to
17 read:
18 252.385 Public shelter space.--
19 (2)(a) The division shall administer a program to
20 survey existing schools, universities, community colleges, and
21 other state-owned, municipally owned, and county-owned public
22 buildings and any private facility that the owner, in writing,
23 agrees to provide for use as a public hurricane evacuation
24 shelter to identify those that are appropriately designed and
25 located to serve as such shelters. The owners of the
26 facilities must be given the opportunity to participate in the
27 surveys. The state university boards of trustees Board of
28 Regents, district school boards, community college boards of
29 trustees, and the Department of Education are responsible for
30 coordinating and implementing the survey of public schools,
31 universities, and community colleges with the division or the
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1 local emergency management agency.
2 (b) By January 31 of each even-numbered year, the
3 division shall prepare and submit a statewide emergency
4 shelter plan to the Governor and Cabinet for approval, subject
5 to the requirements for approval in s. 1013.37(2). The plan
6 shall identify the general location and square footage of
7 special needs shelters, by regional planning council region,
8 during the next 5 years. The plan shall also include
9 information on the availability of shelters that accept pets.
10 The Department of Health shall assist the division in
11 determining the estimated need for special needs shelter
12 space and the adequacy of facilities to meet the needs of
13 persons with special needs based on information from the
14 registries of persons with special needs and other
15 information.
16 (4)(a) Public facilities, including schools,
17 postsecondary education facilities, and other facilities owned
18 or leased by the state or local governments, but excluding
19 hospitals, hospice care facilities, assisted living
20 facilities, and or nursing homes, which are suitable for use
21 as public hurricane evacuation shelters shall be made
22 available at the request of the local emergency management
23 agencies. The local emergency management agency shall
24 coordinate with these entities to ensure that designated
25 facilities are ready to activate prior to a specific hurricane
26 or disaster. Such agencies shall coordinate with the
27 appropriate school board, university, community college, or
28 local governing board when requesting the use of such
29 facilities as public hurricane evacuation shelters.
30 (b) The Department of Management Services shall
31 incorporate provisions for the use of suitable leased public
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1 facilities as public hurricane evacuation shelters into lease
2 agreements for state agencies. Suitable leased public
3 facilities include leased public facilities that are solely
4 occupied by state agencies and have at least 2,000 square feet
5 of net floor area in a single room or in a combination of
6 rooms having a minimum of 400 square feet in each room. The
7 net square footage of floor area shall must be determined by
8 subtracting from the gross square footage the square footage
9 of spaces such as mechanical and electrical rooms, storage
10 rooms, open corridors, restrooms, kitchens, science or
11 computer laboratories, shop or mechanical areas,
12 administrative offices, records vaults, and crawl spaces.
13 (c) The Department of Management Services shall, in
14 consultation with local and state emergency management
15 agencies, assess Department of Management Services facilities
16 to identify the extent to which each facility has public
17 hurricane evacuation shelter space. The Department of
18 Management Services shall submit proposed facility retrofit
19 projects that incorporate hurricane protection enhancements to
20 the department for assessment and inclusion in the annual
21 report prepared in accordance with subsection (3).
22 Section 20. Effective July 1, 2006, section 381.0303,
23 Florida Statutes, is amended to read:
24 (Substantial rewording of section. See
25 s. 381.0303, F.S., for present text.)
26 381.0303 Special needs shelters.--
27 (1) PURPOSE.--The purpose of this section is to
28 provide for the operation and closure of special needs
29 shelters and to designate the Department of Health, through
30 its county health departments, as the lead agency for
31 coordination of the recruitment of health care practitioners,
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1 as defined in s. 456.001(4), to staff special needs shelters
2 in times of emergency or disaster and to provide resources to
3 the department to carry out this responsibility. However,
4 nothing in this section prohibits a county health department
5 from entering into an agreement with a local emergency
6 management agency to assume the lead responsibility for
7 recruiting health care practitioners.
8 (2) SPECIAL NEEDS SHELTER PLAN; STAFFING; STATE AGENCY
9 ASSISTANCE.--If funds have been appropriated to support
10 disaster coordinator positions in county health departments:
11 (a) The department shall assume lead responsibility
12 for the coordination of local medical and health care
13 providers, the American Red Cross, and other interested
14 parties in developing a plan for the staffing and medical
15 management of special needs shelters. The local Children's
16 Medical Services offices shall assume lead responsibility for
17 the coordination of local medical and health care providers,
18 the American Red Cross, and other interested parties in
19 developing a plan for the staffing and medical management of
20 pediatric special needs shelters. Plans must conform to the
21 local comprehensive emergency management plan.
22 (b) County health departments shall, in conjunction
23 with the local emergency management agencies, have the lead
24 responsibility for coordination of the recruitment of health
25 care practitioners to staff local special needs shelters.
26 County health departments shall assign their employees to work
27 in special needs shelters when those employees are needed to
28 protect the health and safety of persons with special needs.
29 County governments shall assist the department with nonmedical
30 staffing and the operation of special needs shelters. The
31 local health department and emergency management agency shall
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1 coordinate these efforts to ensure appropriate staffing in
2 special needs shelters.
3 (c) The appropriate county health department,
4 Children's Medical Services office, and local emergency
5 management agency shall jointly decide who has responsibility
6 for medical supervision in each special needs shelter.
7 (d) Local emergency management agencies shall be
8 responsible for the designation and operation of special needs
9 shelters during times of emergency or disaster and the closure
10 of the facilities following an emergency or disaster. The
11 local health department and emergency management agency shall
12 coordinate these efforts to ensure the appropriate designation
13 and operation of special needs shelters. County health
14 departments shall assist the local emergency management agency
15 with regard to the management of medical services in special
16 needs shelters.
17 (e) The Secretary of Elderly Affairs, or his or her
18 designee, shall convene, at any time that he or she deems
19 appropriate and necessary, a multiagency special needs shelter
20 discharge planning team to assist local areas that are
21 severely impacted by a natural or manmade disaster that
22 requires the use of special needs shelters. Multiagency
23 special needs shelter discharge planning teams shall provide
24 assistance to local emergency management agencies with the
25 continued operation or closure of the shelters, as well as
26 with the discharge of special needs clients to alternate
27 facilities if necessary. Local emergency management agencies
28 may request the assistance of a multiagency special needs
29 shelter discharge planning team by alerting statewide
30 emergency management officials of the necessity for additional
31 assistance in their area. The Secretary of Elderly Affairs is
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1 encouraged to proactively work with other state agencies prior
2 to any natural disasters for which warnings are provided to
3 ensure that multiagency special needs shelter discharge
4 planning teams are ready to assemble and deploy rapidly upon a
5 determination by state emergency management officials that a
6 disaster area requires additional assistance. The Secretary of
7 Elderly Affairs may call upon any state agency or office to
8 provide staff to assist a multiagency special needs shelter
9 discharge planning team. Unless the secretary determines that
10 the nature or circumstances surrounding the disaster do not
11 warrant participation from a particular agency's staff, each
12 multiagency special needs shelter discharge planning team
13 shall include at least one representative from each of the
14 following state agencies:
15 1. Department of Elderly Affairs.
16 2. Department of Health.
17 3. Department of Children and Family Services.
18 4. Department of Veterans' Affairs.
19 5. Department of Community Affairs.
20 6. Agency for Health Care Administration.
21 7. Agency for Persons with Disabilities.
22 (3) REIMBURSEMENT TO HEALTH CARE PRACTITIONERS AND
23 FACILITIES.--
24 (a) The department shall, upon request, reimburse in
25 accordance with paragraph (b):
26 1. Health care practitioners, as defined in s.
27 456.001, provided the practitioner is not providing care to a
28 patient under an existing contract, and emergency medical
29 technicians and paramedics licensed under chapter 401 for
30 medical care provided at the request of the department in
31 special needs shelters or at other locations during times of
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1 emergency or a declared disaster. Reimbursement for health
2 care practitioners, except for physicians licensed under
3 chapter 458 or chapter 459, shall be based on the average
4 hourly rate that such practitioners were paid according to the
5 most recent survey of Florida hospitals conducted by the
6 Florida Hospital Association or other nationally recognized or
7 state-recognized data source.
8 2. Health care facilities, such as hospitals, nursing
9 homes, assisted living facilities, and community residential
10 homes, if, upon closure of a special needs shelter, a
11 multiagency special needs shelter discharge planning team
12 determines that it is necessary to discharge persons with
13 special needs to other health care facilities. The receiving
14 facilities are eligible for reimbursement for services
15 provided to the individuals for up to 90 days. A facility must
16 show proof of a written request from a representative of an
17 agency serving on the multiagency special needs shelter
18 discharge planning team that the individual for whom the
19 facility is seeking reimbursement for services rendered was
20 referred to that facility from a special needs shelter. The
21 department shall specify by rule which expenses are
22 reimbursable and the rate of reimbursement for each service.
23 (b) Reimbursement is subject to the availability of
24 federal funds and shall be requested on forms prepared by the
25 department. If a Presidential Disaster Declaration has been
26 issued, the department shall request federal reimbursement of
27 eligible expenditures. The department may not provide
28 reimbursement to facilities under this subsection for services
29 provided to a person with special needs if, during the period
30 of time in which the services were provided, the individual
31 was enrolled in another state-funded program, such as Medicaid
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1 or another similar program, was covered under a policy of
2 health insurance as defined in s. 624.603, or was a member of
3 a health maintenance organization or prepaid health clinic as
4 defined in chapter 641, which would otherwise pay for the same
5 services. Travel expense and per diem costs shall be
6 reimbursed pursuant to s. 112.061.
7 (4) HEALTH CARE PRACTITIONER REGISTRY.--The department
8 may use the registries established in ss. 401.273 and 456.38
9 when health care practitioners are needed to staff special
10 needs shelters or to assist with other disaster-related
11 activities.
12 (5) SPECIAL NEEDS SHELTER INTERAGENCY COMMITTEE.--The
13 Secretary of Health may establish a special needs shelter
14 interagency committee and serve as, or appoint a designee to
15 serve as, the committee's chair. The department shall provide
16 any necessary staff and resources to support the committee in
17 the performance of its duties. The committee shall address and
18 resolve problems related to special needs shelters not
19 addressed in the state comprehensive emergency medical plan
20 and shall consult on the planning and operation of special
21 needs shelters.
22 (a) The committee shall:
23 1. Develop, negotiate, and regularly review any
24 necessary interagency agreements.
25 2. Undertake other such activities as the department
26 deems necessary to facilitate the implementation of this
27 section.
28 3. Submit recommendations to the Legislature as
29 necessary.
30 (b) The special needs shelter interagency committee
31 shall be composed of representatives of emergency management,
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1 health, medical, and social services organizations. Membership
2 shall include, but shall not be limited to, representatives of
3 the Departments of Health, Community Affairs, Children and
4 Family Services, Elderly Affairs, and Education; the Agency
5 for Health Care Administration; the Florida Medical
6 Association; the Florida Osteopathic Medical Association;
7 Associated Home Health Industries of Florida, Inc.; the
8 Florida Nurses Association; the Florida Health Care
9 Association; the Florida Assisted Living Affiliation; the
10 Florida Hospital Association; the Florida Statutory Teaching
11 Hospital Council; the Florida Association of Homes for the
12 Aging; the Florida Emergency Preparedness Association; the
13 American Red Cross; Florida Hospices and Palliative Care,
14 Inc.; the Association of Community Hospitals and Health
15 Systems; the Florida Association of Health Maintenance
16 Organizations; the Florida League of Health Systems; the
17 Private Care Association; the Salvation Army; the Florida
18 Association of Aging Services Providers; the AARP; and the
19 Florida Renal Coalition.
20 (c) Meetings of the committee shall be held in
21 Tallahassee, and members of the committee shall serve at the
22 expense of the agencies or organizations they represent. The
23 committee shall make every effort to use teleconference or
24 video conference capabilities in order to ensure statewide
25 input and participation.
26 (6) RULES.--The department has the authority to adopt
27 rules necessary to implement this section. Rules shall
28 include:
29 (a) The definition of a "person with special needs,"
30 including eligibility criteria for individuals with physical,
31 mental, cognitive impairment, or sensory disabilities and the
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1 services a person with special needs can expect to receive in
2 a special needs shelter.
3 (b) The process for special needs shelter health care
4 practitioners and facility reimbursement for services provided
5 in a disaster.
6 (c) Guidelines for special needs shelter staffing
7 levels to provide services.
8 (d) The definition of and standards for special needs
9 shelter supplies and equipment, including durable medical
10 equipment.
11 (e) Standards for the special needs shelter
12 registration process, including guidelines for addressing the
13 needs of unregistered persons in need of a special needs
14 shelter.
15 (f) Standards for addressing the needs of families
16 where only one dependent is eligible for admission to a
17 special needs shelter and the needs of adults with special
18 needs who are caregivers for individuals without special
19 needs.
20 (g) The requirement of the county health departments
21 to seek the participation of hospitals, nursing homes,
22 assisted living facilities, home health agencies, hospice
23 providers, nurse registries, home medical equipment providers,
24 dialysis centers, and other health and medical emergency
25 preparedness stakeholders in pre-event planning activities.
26 (7) EMERGENCY MANAGEMENT PLANS.--The submission of
27 emergency management plans to county health departments by
28 home health agencies, nurse registries, hospice programs, and
29 home medical equipment providers is conditional upon receipt
30 of an appropriation by the department to establish disaster
31 coordinator positions in county health departments unless the
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1 secretary of the department and a local county commission
2 jointly determine to require that such plans be submitted
3 based on a determination that there is a special need to
4 protect public health in the local area during an emergency.
5 Section 21. Effective July 1, 2006, section 400.492,
6 Florida Statutes, is amended to read:
7 400.492 Provision of services during an
8 emergency.--Each home health agency shall prepare and maintain
9 a comprehensive emergency management plan that is consistent
10 with the standards adopted by national or state accreditation
11 organizations and consistent with the local special needs
12 plan. The plan shall be updated annually and shall provide for
13 continuing home health services during an emergency that
14 interrupts patient care or services in the patient's home. The
15 plan shall include the means by which the home health agency
16 will continue to provide staff to perform the same type and
17 quantity of services to their patients who evacuate to special
18 needs shelters that were being provided to those patients
19 prior to evacuation. The plan shall describe how the home
20 health agency establishes and maintains an effective response
21 to emergencies and disasters, including: notifying staff when
22 emergency response measures are initiated; providing for
23 communication between staff members, county health
24 departments, and local emergency management agencies,
25 including a backup system; identifying resources necessary to
26 continue essential care or services or referrals to other
27 organizations subject to written agreement; and prioritizing
28 and contacting patients who need continued care or services.
29 (1) Each patient record for patients who are listed in
30 the registry established pursuant to s. 252.355 shall include
31 a description of how care or services will be continued in the
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1 event of an emergency or disaster. The home health agency
2 shall discuss the emergency provisions with the patient and
3 the patient's caregivers, including where and how the patient
4 is to evacuate, procedures for notifying the home health
5 agency in the event that the patient evacuates to a location
6 other than the shelter identified in the patient record, and a
7 list of medications and equipment which must either accompany
8 the patient or will be needed by the patient in the event of
9 an evacuation.
10 (2) Each home health agency shall maintain a current
11 prioritized list of patients who need continued services
12 during an emergency. The list shall indicate how services
13 shall be continued in the event of an emergency or disaster
14 for each patient and if the patient is to be transported to a
15 special needs shelter, and shall indicate if the patient is
16 receiving skilled nursing services and the patient's
17 medication and equipment needs. The list shall be furnished to
18 county health departments and to local emergency management
19 agencies, upon request.
20 (3) Home health agencies shall not be required to
21 continue to provide care to patients in emergency situations
22 that are beyond their control and that make it impossible to
23 provide services, such as when roads are impassable or when
24 patients do not go to the location specified in their patient
25 records. Home health agencies may establish links to local
26 emergency operations centers to determine a mechanism by which
27 to approach specific areas within a disaster area in order for
28 the agency to reach its clients. Home health agencies shall
29 demonstrate a good faith effort to comply with the
30 requirements of this subsection by documenting attempts of
31 staff to follow procedures outlined in the home health
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1 agency's comprehensive emergency management plan, and by the
2 patient's record, which support a finding that the provision
3 of continuing care has been attempted for those patients who
4 have been identified as needing care by the home health agency
5 and registered under s. 252.355, in the event of an emergency
6 or disaster under subsection (1).
7 (4) Notwithstanding the provisions of s. 400.464(2) or
8 any other provision of law to the contrary, a home health
9 agency may provide services in a special needs shelter located
10 in any county.
11 Section 22. Effective July 1, 2006, subsection (8) of
12 section 400.497, Florida Statutes, is amended to read:
13 400.497 Rules establishing minimum standards.--The
14 agency shall adopt, publish, and enforce rules to implement
15 this part, including, as applicable, ss. 400.506 and 400.509,
16 which must provide reasonable and fair minimum standards
17 relating to:
18 (8) Preparation of a comprehensive emergency
19 management plan pursuant to s. 400.492.
20 (a) The Agency for Health Care Administration shall
21 adopt rules establishing minimum criteria for the plan and
22 plan updates, with the concurrence of the Department of Health
23 and in consultation with the Department of Community Affairs.
24 (b) The rules must address the requirements in s.
25 400.492. In addition, the rules shall provide for the
26 maintenance of patient-specific medication lists that can
27 accompany patients who are transported from their homes.
28 (c) The plan is subject to review and approval by the
29 county health department. During its review, the county health
30 department shall contact state and local health and medical
31 stakeholder when necessary. ensure that the following
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1 agencies, at a minimum, are given the opportunity to review
2 the plan:
3 1. The local emergency management agency.
4 2. The Agency for Health Care Administration.
5 3. The local chapter of the American Red Cross or
6 other lead sheltering agency.
7 4. The district office of the Department of Children
8 and Family Services.
9
10 The county health department shall complete its review to
11 ensure that the plan is in accordance with the criteria in the
12 Agency for Health Care Administration rules within 90 60 days
13 after receipt of the plan and shall either approve the plan or
14 advise the home health agency of necessary revisions. If the
15 home health agency fails to submit a plan or fails to submit
16 the requested information or revisions to the county health
17 department within 30 days after written notification from the
18 county health department, the county health department shall
19 notify the Agency for Health Care Administration. The agency
20 shall notify the home health agency that its failure
21 constitutes a deficiency, subject to a fine of $5,000 per
22 occurrence. If the plan is not submitted, information is not
23 provided, or revisions are not made as requested, the agency
24 may impose the fine.
25 (d) For any home health agency that operates in more
26 than one county, the Department of Health shall review the
27 plan, after consulting with state and local health and medical
28 stakeholders when necessary all of the county health
29 departments, the agency, and all the local chapters of the
30 American Red Cross or other lead sheltering agencies in the
31 areas of operation for that particular home health agency. The
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1 department of Health shall complete its review within 90 days
2 after receipt of the plan and shall either approve the plan or
3 advise the home health agency of necessary revisions. The
4 department of Health shall make every effort to avoid imposing
5 differing requirements on a home health agency that operates
6 in more than one county as a result of differing or
7 conflicting comprehensive plan requirements of the based on
8 differences between counties in which on the home health
9 agency operates.
10 (e) The requirements in this subsection do not apply
11 to:
12 1. A facility that is certified under chapter 651 and
13 has a licensed home health agency used exclusively by
14 residents of the facility; or
15 2. A retirement community that consists of residential
16 units for independent living and either a licensed nursing
17 home or an assisted living facility, and has a licensed home
18 health agency used exclusively by the residents of the
19 retirement community, provided the comprehensive emergency
20 management plan for the facility or retirement community
21 provides for continuous care of all residents with special
22 needs during an emergency.
23 Section 23. Effective July 1, 2006, subsection (16) of
24 section 400.506, Florida Statutes, is amended to read:
25 400.506 Licensure of nurse registries; requirements;
26 penalties.--
27 (16) Each nurse registry shall prepare and maintain a
28 comprehensive emergency management plan that is consistent
29 with the criteria in this subsection and with the local
30 special needs plan. The plan shall be updated annually. The
31 plan shall include the means by which the nurse registry will
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1 continue to provide the same type and quantity of services to
2 its patients who evacuate to special needs shelters which were
3 being provided to those patients prior to evacuation. The plan
4 shall specify how the nurse registry shall facilitate the
5 provision of continuous care by persons referred for contract
6 to persons who are registered pursuant to s. 252.355 during an
7 emergency that interrupts the provision of care or services in
8 private residencies. Nurse registries may establish links to
9 local emergency operations centers to determine a mechanism by
10 which to approach specific areas within a disaster area in
11 order for a provider to reach its clients. Nurse registries
12 shall demonstrate a good-faith effort to comply with the
13 requirements of this subsection by documenting attempts of
14 staff to follow procedures outlined in the nurse registry's
15 comprehensive emergency management plan which support a
16 finding that the provision of continuing care has been
17 attempted for patients identified as needing care by the nurse
18 registry and registered under s. 252.355 in the event of an
19 emergency under s. 400.506(1).
20 (a) All persons referred for contract who care for
21 persons registered pursuant to s. 252.355 must include in the
22 patient record a description of how care will be continued
23 during a disaster or emergency that interrupts the provision
24 of care in the patient's home. It shall be the responsibility
25 of the person referred for contract to ensure that continuous
26 care is provided.
27 (b) Each nurse registry shall maintain a current
28 prioritized list of patients in private residences who are
29 registered pursuant to s. 252.355 and are under the care of
30 persons referred for contract and who need continued services
31 during an emergency. This list shall indicate, for each
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1 patient, if the client is to be transported to a special needs
2 shelter and if the patient is receiving skilled nursing
3 services. Nurse registries shall make this list available to
4 county health departments and to local emergency management
5 agencies upon request.
6 (c) Each person referred for contract who is caring
7 for a patient who is registered pursuant to s. 252.355 shall
8 provide a list of the patient's medication and equipment needs
9 to the nurse registry. Each person referred for contract shall
10 make this information available to county health departments
11 and to local emergency management agencies upon request.
12 (d) Each person referred for contract shall not be
13 required to continue to provide care to patients in emergency
14 situations that are beyond the person's control and that make
15 it impossible to provide services, such as when roads are
16 impassable or when patients do not go to the location
17 specified in their patient records.
18 (e) The comprehensive emergency management plan
19 required by this subsection is subject to review and approval
20 by the county health department. During its review, the county
21 health department shall contact state and local health and
22 medical stakeholders when necessary ensure that, at a minimum,
23 the local emergency management agency, the Agency for Health
24 Care Administration, and the local chapter of the American Red
25 Cross or other lead sheltering agency are given the
26 opportunity to review the plan. The county health department
27 shall complete its review to ensure that the plan complies
28 with the criteria in the Agency for Health Care Administration
29 rules within 90 60 days after receipt of the plan and shall
30 either approve the plan or advise the nurse registry of
31 necessary revisions. If a nurse registry fails to submit a
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1 plan or fails to submit requested information or revisions to
2 the county health department within 30 days after written
3 notification from the county health department, the county
4 health department shall notify the Agency for Health Care
5 Administration. The agency shall notify the nurse registry
6 that its failure constitutes a deficiency, subject to a fine
7 of $5,000 per occurrence. If the plan is not submitted,
8 information is not provided, or revisions are not made as
9 requested, the agency may impose the fine.
10 (f) The Agency for Health Care Administration shall
11 adopt rules establishing minimum criteria for the
12 comprehensive emergency management plan and plan updates
13 required by this subsection, with the concurrence of the
14 Department of Health and in consultation with the Department
15 of Community Affairs.
16 Section 24. Effective July 1, 2006, subsection (1) of
17 section 400.610, Florida Statutes, is amended to read:
18 400.610 Administration and management of a hospice.--
19 (1) A hospice shall have a clearly defined organized
20 governing body, consisting of a minimum of seven persons who
21 are representative of the general population of the community
22 served. The governing body shall have autonomous authority and
23 responsibility for the operation of the hospice and shall meet
24 at least quarterly. The governing body shall:
25 (a) Adopt an annual plan for the operation of the
26 hospice, which shall include a plan for providing for
27 uncompensated care and philanthropic community activities.
28 (b)1. Prepare and maintain a comprehensive emergency
29 management plan that provides for continuing hospice services
30 in the event of an emergency that is consistent with local
31 special needs plans. The plan shall include provisions for
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1 ensuring continuing care to hospice patients who go to special
2 needs shelters. The plan shall include the means by which the
3 hospice provider will continue to provide staff to provide the
4 same type and quantity of services to their patients who
5 evacuate to special needs shelters which were being provided
6 to those patients prior to evacuation. The plan is subject to
7 review and approval by the county health department, except as
8 provided in subparagraph 2. During its review, the county
9 health department shall contact state and local health and
10 medical stakeholders when necessary ensure that the
11 department, the agency, and the local chapter of the American
12 Red Cross or other lead sheltering agency have an opportunity
13 to review and comment on the plan. The county health
14 department shall complete its review to ensure that the plan
15 complies with criteria in rules of the Department of Elderly
16 Affairs within 90 60 days after receipt of the plan and shall
17 either approve the plan or advise the hospice of necessary
18 revisions. Hospice providers may establish links to local
19 emergency operations centers to determine a mechanism by which
20 to approach specific areas within a disaster area in order for
21 the provider to reach its clients. A hospice shall demonstrate
22 a good-faith effort to comply with the requirements of this
23 paragraph by documenting attempts of staff to follow
24 procedures as outlined in the hospice's comprehensive
25 emergency management plan and to provide continuing care for
26 those hospice clients who have been identified as needing
27 alternative caregiver services in the event of an emergency.
28 2. For any hospice that operates in more than one
29 county, the Department of Health during its review shall
30 contact state and local health and medical stakeholders when
31 necessary review the plan, after consulting with all of the
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1 county health departments, the agency, and all the local
2 chapters of the American Red Cross or other lead sheltering
3 agency in the areas of operation for that particular hospice.
4 The Department of Health shall complete its review to ensure
5 that the plan complies with criteria in rules of the
6 Department of Elderly Affairs within 90 days after receipt of
7 the plan and shall either approve the plan or advise the
8 hospice of necessary revisions. The Department of Health shall
9 make every effort to avoid imposing on the hospice differing
10 requirements on a hospice that operates in more than one
11 county as a result of differing or conflicting comprehensive
12 plan requirements of the based on differences between counties
13 in which the hospice operates.
14 (c) Adopt an annual budget.
15 (d) Appoint a director who shall be responsible for
16 the day-to-day management and operation of the hospice and who
17 shall serve as the liaison between the governing body and the
18 hospice staff.
19 (e) Undertake such additional activities as necessary
20 to ensure that the hospice is complying with the requirements
21 for hospice services as set forth in this part.
22 Section 25. Effective July 1, 2006, present
23 subsections (13) through (16) of section 400.925, Florida
24 Statutes, are redesignated as subsections (14) through (17)
25 respectively, and a new subsection (13) is added to that
26 section, to read:
27 400.925 Definitions.--As used in this part, the term:
28 (13) "Life-supporting or life-sustaining equipment"
29 means a device that is essential to, or that yields
30 information that is essential to, the restoration or
31 continuation of a bodily function important to the
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1 continuation of human life. Life-supporting or life-sustaining
2 equipment includes apnea monitors, enteral feeding pumps,
3 infusion pumps, portable home dialysis equipment, and
4 ventilator equipment and supplies for all related equipment,
5 including oxygen equipment and related respiratory equipment.
6 Section 26. Effective July 1, 2006, subsections (20),
7 (21), and (22) are added to section 400.934, Florida Statutes,
8 to read:
9 400.934 Minimum standards.--As a requirement of
10 licensure, home medical equipment providers shall:
11 (20)(a) Prepare and maintain a comprehensive emergency
12 management plan that meets minimum criteria established by
13 agency rule under s. 400.935. The plan shall be updated
14 annually and shall provide for continuing home medical
15 equipment services for life-supporting or life-sustaining
16 equipment, as defined in s. 400.925, during an emergency that
17 interrupts home medical equipment services in a patient's
18 home. The plan shall include:
19 1. The means by which the home medical equipment
20 provider will continue to provide equipment to perform the
21 same type and quantity of services to its patients who
22 evacuate to special needs shelters which were being provided
23 to those patients prior to evacuation.
24 2. The means by which the home medical equipment
25 provider establishes and maintains an effective response to
26 emergencies and disasters, including plans for:
27 a. Notification of staff when emergency response
28 measures are initiated.
29 b. Communication between staff members, county health
30 departments, and local emergency management agencies, which
31 includes provisions for a backup communications system.
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1 c. Identification of resources necessary to continue
2 essential care or services or referrals to other organizations
3 subject to written agreement.
4 d. Contacting and prioritizing patients in need of
5 continued medical equipment services and supplies.
6 (b) The plan is subject to review and approval by the
7 county health department. During its review, the county health
8 department shall contact state and local health and medical
9 stakeholders when necessary. The county health department
10 shall complete its review to ensure that the plan is in
11 accordance with the criteria in the Agency for Health Care
12 Administration rules within 90 days after receipt of the plan.
13 If a home medical equipment provider fails to submit a plan or
14 fails to submit requested information or revisions to the
15 county health department within 30 days after written
16 notification from the county health department, the county
17 health department shall notify the Agency for Health Care
18 Administration. The agency shall notify the home medical
19 equipment provider that such failure constitutes a deficiency,
20 subject to a fine of $5,000 per occurrence. If the plan is not
21 submitted, information is not provided, or revisions are not
22 made as requested, the agency may impose the fine.
23 (21) Each home medical equipment provider shall
24 maintain a current prioritized list of patients who need
25 continued services during an emergency. The list shall
26 indicate the means by which services shall be continued for
27 each patient in the event of an emergency or disaster, whether
28 the patient is to be transported to a special needs shelter,
29 and whether the patient has life-supporting or life-sustaining
30 equipment, including the specific type of equipment and
31 related supplies. The list shall be furnished to county health
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1 departments and local emergency management agencies upon
2 request.
3 (22) Home medical equipment providers may establish
4 links to local emergency operations centers to determine a
5 mechanism by which to approach specific areas within a
6 disaster area in order for the provider to reach its patients.
7 Section 27. Effective July 1, 2006, subsection (11) is
8 added to section 400.935, Florida Statutes, to read:
9 400.935 Rules establishing minimum standards.--The
10 agency shall adopt, publish, and enforce rules to implement
11 this part, which must provide reasonable and fair minimum
12 standards relating to:
13 (11) Preparation of the comprehensive emergency
14 management plan under s. 400.934 and the establishment of
15 minimum criteria for the plan, including the maintenance of
16 patient equipment and supply lists that can accompany patients
17 who are transported from their homes. Such rules shall be
18 formulated in consultation with the Department of Health and
19 the Department of Community Affairs.
20 Section 28. Effective July 1, 2006, section 408.831,
21 Florida Statutes, is amended to read:
22 408.831 Denial, suspension, or revocation of a
23 license, registration, certificate, or application.--
24 (1) In addition to any other remedies provided by law,
25 the agency may deny each application or suspend or revoke each
26 license, registration, or certificate of entities regulated or
27 licensed by it:
28 (a) If the applicant, licensee, registrant, or
29 certificateholder, or, in the case of a corporation,
30 partnership, or other business entity, if any officer,
31 director, agent, or managing employee of that business entity
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1 or any affiliated person, partner, or shareholder having an
2 ownership interest equal to 5 percent or greater in that
3 business entity, has failed to pay all outstanding fines,
4 liens, or overpayments assessed by final order of the agency
5 or final order of the Centers for Medicare and Medicaid
6 Services, not subject to further appeal, unless a repayment
7 plan is approved by the agency; or
8 (b) For failure to comply with any repayment plan.
9 (2) In reviewing any application requesting a change
10 of ownership or change of the licensee, registrant, or
11 certificateholder, the transferor shall, prior to agency
12 approval of the change, repay or make arrangements to repay
13 any amounts owed to the agency. Should the transferor fail to
14 repay or make arrangements to repay the amounts owed to the
15 agency, the issuance of a license, registration, or
16 certificate to the transferee shall be delayed until repayment
17 or until arrangements for repayment are made.
18 (3) An entity subject to this section may exceed its
19 licensed capacity to act as a receiving facility in accordance
20 with an emergency operations plan for clients of evacuating
21 providers from a geographic area where an evacuation order has
22 been issued by a local authority having jurisdiction. While in
23 an overcapacity status, each provider must furnish or arrange
24 for appropriate care and services to all clients. In addition,
25 the agency may approve requests for overcapacity beyond 15
26 days, which approvals may be based upon satisfactory
27 justification and need as provided by the receiving and
28 sending facilities.
29 (4)(a) An inactive license may be issued to a licensee
30 subject to this section when the provider is located in a
31 geographic area where a state of emergency was declared by the
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1 Governor if the provider:
2 1. Suffered damage to its operation during that state
3 of emergency.
4 2. Is currently licensed.
5 3. Does not have a provisional license.
6 4. Will be temporarily unable to provide services but
7 is reasonably expected to resume services within 12 months.
8 (b) An inactive license may be issued for a period not
9 to exceed 12 months but may be renewed by the agency for up to
10 12 additional months upon demonstration to the agency of
11 progress toward reopening. A request by a licensee for an
12 inactive license or to extend the previously approved inactive
13 period must be submitted in writing to the agency, accompanied
14 by written justification for the inactive license, which
15 states the beginning and ending dates of inactivity and
16 includes a plan for the transfer of any clients to other
17 providers and appropriate licensure fees. Upon agency
18 approval, the licensee shall notify clients of any necessary
19 discharge or transfer as required by authorizing statutes or
20 applicable rules. The beginning of the inactive licensure
21 period shall be the date the provider ceases operations. The
22 end of the inactive period shall become the licensee
23 expiration date, and all licensure fees must be current, paid
24 in full, and may be prorated. Reactivation of an inactive
25 license requires the prior approval by the agency of a renewal
26 application, including payment of licensure fees and agency
27 inspections indicating compliance with all requirements of
28 this part and applicable rules and statutes.
29 (5)(3) This section provides standards of enforcement
30 applicable to all entities licensed or regulated by the Agency
31 for Health Care Administration. This section controls over any
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1 conflicting provisions of chapters 39, 381, 383, 390, 391,
2 393, 394, 395, 400, 408, 468, 483, and 641 or rules adopted
3 pursuant to those chapters.
4 Section 29. Emergency-preparedness prescription
5 medication refills.--All health insurers, managed care
6 organizations, and other entities that are licensed by the
7 Office of Insurance Regulation and provide prescription
8 medication coverage as part of a policy or contract shall
9 waive time restrictions on prescription medication refills,
10 which includes suspension of electronic "refill too soon"
11 edits to pharmacies, to enable insureds or subscribers to
12 refill prescriptions in advance, if there are authorized
13 refills remaining, and shall authorize payment to pharmacies
14 for at least a thirty day supply of any prescription
15 medication, regardless of the date upon which the prescription
16 had most recently been filled by a pharmacist, when the
17 following conditions occur:
18 (1) The person seeking the prescription medication
19 refill resides in a county that:
20 (a) Is under a hurricane warning issued by the
21 National Weather Service;
22 (b) Is declared to be under a state of emergency in an
23 executive order issued by the Governor; or
24 (c) Has activated its emergency operations center and
25 its emergency management plan.
26 (2) The prescription medication refill is requested
27 within 30 days after the origination date of the conditions
28 stated in this section or until such conditions are terminated
29 by the issuing authority or no longer exists. The time period
30 for the waiver of prescription medication refills may be
31 extended in 15- or 30-day increments by emergency orders
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1 issued by the Office of Insurance Regulation.
2
3 This section does not excuse or exempt an insured or
4 subscriber from compliance with all other terms of the policy
5 or contract providing prescription medication coverage. This
6 section takes effect July 1, 2006.
7 Section 30. Except as otherwise expressly provided in
8 this act, this act shall take effect upon becoming a law.
9
10
11 ================ T I T L E A M E N D M E N T ===============
12 And the title is amended as follows:
13 Delete everything before the enacting clause
14
15 and insert:
16 A bill to be entitled
17 An act relating to emergency management;
18 providing legislative findings with respect to
19 the need for improvements in the state's
20 infrastructure in response to the hurricane
21 seasons of 2004 and 2005; providing for the
22 Legislature to make funds available to local
23 and state agencies through appropriations to
24 the Department of Community Affairs; requiring
25 the department to establish a statewide grant
26 application process; providing criteria for an
27 appropriation to fund the construction or
28 renovation of county emergency operations
29 centers and designated alternate state
30 emergency operations centers; providing
31 limitations on the use of such funds; requiring
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1 that the release of funds be approved by the
2 Legislative Budget Commission; providing
3 criteria for an appropriation to fund equipping
4 public special-needs hurricane evacuation
5 shelters with the permanent capacity to
6 generate emergency power; providing criteria
7 for an appropriation for retrofitting public
8 hurricane evacuation shelters; requiring that
9 the release of funds be approved by the
10 Legislative Budget Commission; providing for
11 funds to be appropriated to improve the
12 logistical staging and warehouse capacity of
13 commodities used following a disaster;
14 providing for funds to be appropriated for the
15 purpose of hurricane evacuation planning;
16 providing appropriations; directing the
17 Division of Emergency Management to conduct a
18 feasibility study relating to the supply and
19 distribution of essential commodities by
20 nongovernment and private entities; creating s.
21 526.143, F.S.; providing that each motor fuel
22 terminal facility and wholesaler that sells
23 motor fuel in the state must be capable of
24 operating its distribution loading racks using
25 an alternate power source for a specified
26 period by a certain date; providing
27 requirements with respect to the operation of
28 such equipment following a major disaster;
29 providing requirements with respect to
30 inspection of such equipment; requiring newly
31 constructed or substantially renovated motor
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Bill No. HB 7121, 1st Eng.
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1 fuel retail outlets to be capable of operation
2 using an alternate power source; defining
3 "substantially renovated"; requiring certain
4 motor fuel retail outlets located within a
5 specified distance from an interstate highway
6 or state or federally designated evacuation
7 route to be capable of operation using an
8 alternate power source by a specified date;
9 providing inspection and recordkeeping
10 requirements; providing applicability; creating
11 s. 526.144, F.S.; creating the Florida Disaster
12 Motor Fuel Supplier Program within the
13 Department of Community Affairs; providing
14 requirements for participation in the program;
15 providing that participation in the program
16 shall be at the option of each county;
17 providing for administration of the program;
18 providing requirements of businesses certified
19 as State Emergency Response Team members;
20 providing for preemption to the state of the
21 regulation of and requirements for siting and
22 placement of an alternate power source and any
23 related equipment at motor fuel terminal
24 facilities, wholesalers, and retail sales
25 outlets; providing for preemption to the state
26 of the regulation of certain retail
27 establishments; providing for review of the
28 program; providing a report; amending s.
29 501.160, F.S., providing limiting price gouge
30 prohibition periods; providing prohibition
31 period renewal; amending s. 553.509, F.S.,
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Bill No. HB 7121, 1st Eng.
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1 relating to requirements with respect to
2 vertical accessibility under part II of ch.
3 553, F.S., the "Florida Americans With
4 Disabilities Accessibility Implementation Act";
5 requiring specified existing and newly
6 constructed residential multifamily dwellings
7 to have at least one public elevator that is
8 capable of operating on an alternate power
9 source for emergency purposes; providing
10 requirements with respect to the alternate
11 power source; providing for verification of
12 compliance by specified dates; providing
13 requirements with respect to emergency
14 operations plans and inspection records;
15 requiring any person, firm, or corporation that
16 owns, manages or operates specified multistory
17 affordable residential dwellings to attempt to
18 obtain grant funding to comply with the act;
19 requiring an owner, manager or operator of such
20 a dwelling to develop an evacuation plan in the
21 absence of compliance with the act; providing
22 additional inspection requirements under ch.
23 399, F.S., the "Elevator Safety Act"; amending
24 s. 252.35, F.S.; expanding the duty of the
25 Division of Emergency Management to conduct a
26 public educational campaign on emergency
27 preparedness issues; expanding the duty of the
28 Division of Emergency Management to create and
29 maintain lists of emergency generators;
30 providing an additional duty of the division
31 with respect to educational outreach concerning
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Bill No. HB 7121, 1st Eng.
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1 disaster preparedness; providing an
2 appropriation to the Department of Community
3 Affairs to conduct a feasibility study;
4 providing severability; amending s. 252.355,
5 F.S.; specifying additional entities and
6 agencies that are required to provide
7 registration information to persons with
8 disabilities or special needs for purposes of
9 inclusion within the registry of persons with
10 special needs maintained by local emergency
11 management agencies; providing that the
12 Department of Community Affairs is the
13 designated lead agency responsible for
14 community education and outreach to the general
15 public, including persons with special needs,
16 regarding registration as a person with special
17 needs, special needs shelters, and general
18 information regarding shelter stays; providing
19 that special needs shelters must allow persons
20 with special needs to bring service animals
21 into special needs shelters; revising
22 provisions with respect to the required
23 notification of residential utility customers
24 of the availability of the special needs
25 registration program; providing that specified
26 confidential and exempt information relating to
27 the roster of persons with special needs in
28 special needs shelters be provided to local law
29 enforcement; creating s. 252.3568, F.S.;
30 requiring the Division of Emergency Management
31 to address strategies for the evacuation of
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Bill No. HB 7121, 1st Eng.
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1 persons with pets in the shelter component of
2 the state comprehensive emergency management
3 plan; creating s. 252.357, F.S.; requiring the
4 Florida Comprehensive Emergency Management Plan
5 to permit the Agency for Health Care
6 Administration to make initial contact with
7 each nursing home and assisted living facility
8 in a disaster area; requiring the agency to
9 annually publish an emergency telephone number
10 that may be used by nursing homes and assisted
11 living facilities to contact the agency;
12 amending s. 252.385, F.S., relating to public
13 shelter space; requiring the Division of
14 Emergency Management of the Department of
15 Community Affairs to biennially prepare and
16 submit a statewide emergency shelter plan to
17 the Governor and the Cabinet for approval;
18 providing plan requirements; requiring the
19 Department of Health to provide specified
20 assistance to the division; revising the list
21 of those facilities that are excluded as being
22 suitable for use as public hurricane evacuation
23 shelters; requiring local emergency management
24 agencies to coordinate with public facilities
25 to determine readiness prior to activation;
26 amending s. 381.0303, F.S.; providing for the
27 operation of special needs shelters; providing
28 that local Children's Medical Services offices
29 shall assume lead responsibility for specified
30 coordination with respect to the development of
31 a plan for the staffing and medical management
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Bill No. HB 7121, 1st Eng.
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1 of pediatric special needs shelters; requiring
2 that such plans conform to the local
3 comprehensive emergency management plan;
4 requiring county governments to assist the
5 Department of Health with nonmedical staffing
6 and operation of special needs shelters;
7 requiring county health departments and
8 emergency management agencies to coordinate
9 such efforts to ensure appropriate staffing;
10 providing that the appropriate county health
11 department, Children's Medical Services office,
12 and local emergency management agency shall
13 jointly determine the responsibility for
14 medical supervision in a special needs shelter;
15 providing notification requirements; requiring
16 the emergency management agency and the local
17 health department to coordinate efforts to
18 ensure appropriate designation, operation, and
19 closure of special needs shelters; requiring
20 the Secretary of Elderly Affairs to convene
21 multiagency special needs shelter discharge
22 planning teams to assist local areas that are
23 severely impacted by a natural or manmade
24 disaster that requires the use of special needs
25 shelters; providing duties and responsibilities
26 of such discharge planning teams; providing for
27 the inclusion of specified state agency
28 representatives on each discharge planning
29 team; revising provisions relating to
30 reimbursement of health care practitioners;
31 providing for eligibility of specified health
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Bill No. HB 7121, 1st Eng.
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1 care facilities for reimbursement when a
2 multiagency special needs shelter discharge
3 planning team discharges persons with special
4 needs to such receiving facilities; providing
5 procedures and requirements with respect to
6 such reimbursement; requiring the department to
7 specify by rule expenses that are reimbursable
8 and the rate of reimbursement for services;
9 revising provisions that prescribe means of and
10 procedures for reimbursement; disallowing
11 specified reimbursements; revising provisions
12 with respect to the organization, role, duties,
13 and composition of the special needs shelter
14 interagency committee; requiring the department
15 to adopt specified rules with respect to
16 special needs shelters; amending ss. 400.492,
17 400.497, 400.506, 400.610, and 400.934, F.S.;
18 revising requirements with respect to the
19 comprehensive emergency management plans of
20 home health agencies, nurse registries, and
21 hospices, and providing requirements with
22 respect to home medical equipment providers, to
23 include the means by which continuing services
24 will be provided to patients who evacuate to
25 special needs shelters; authorizing the
26 establishment of links to local emergency
27 operations centers for specified purposes;
28 revising requirements of a county health
29 department with respect to review of a
30 comprehensive emergency management plan
31 submitted by a home health agency, nurse
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Bill No. HB 7121, 1st Eng.
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1 registry, or hospice; providing requirements
2 upon failure to submit a plan or requested
3 information to the department; providing for
4 imposition of a fine; revising requirements of
5 the Department of Health with respect to review
6 of the plan of a home health agency or hospice
7 that operates in more than one county;
8 providing that the preparation and maintenance
9 of a comprehensive emergency management plan by
10 a home medical equipment provider is a
11 requirement for licensure and must meet minimum
12 criteria established by the Agency for Health
13 Care Administration; providing plan
14 requirements; providing that the plan is
15 subject to review and approval by the county
16 health department; requiring each home medical
17 equipment provider to maintain a current
18 prioritized list of patients who need continued
19 services during an emergency; amending s.
20 400.925, F.S.; defining "life-supporting or
21 life-sustaining equipment" for purposes of part
22 X of ch. 400, F.S., relating to home medical
23 equipment providers; amending s. 400.935, F.S.;
24 requiring the Agency for Health Care
25 Administration to adopt rules with respect to
26 the comprehensive emergency management plan
27 prepared by a home medical equipment services
28 provider; amending s. 408.831, F.S.; providing
29 that entities regulated or licensed by the
30 Agency for Health Care Administration may
31 exceed their licensed capacity to act as
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Bill No. HB 7121, 1st Eng.
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1 receiving facilities under specified
2 circumstances; providing requirements while
3 such entities are in an overcapacity status;
4 providing for issuance of an inactive license
5 to such licensees under specified conditions;
6 providing requirements and procedures with
7 respect to the issuance and reactivation of an
8 inactive license; providing fees; requiring
9 certain health insurance companies to waive
10 restrictions on filling prescriptions during a
11 declared State of Emergency; providing
12 effective dates.
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