Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 7121, 1st Eng.
Barcode 500730
CHAMBER ACTION
Senate House
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05/04/2006 08:10 PM .
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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 for improvements 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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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 7121, 1st Eng.
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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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Bill No. HB 7121, 1st Eng.
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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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Bill No. HB 7121, 1st Eng.
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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;
26 2. The division shall provide written certification of
27 such preemption to retail establishments that qualify and
28 shall provide such information to local governments upon
29 request; and
30 3. Regulation of retail establishments that do not
31 meet the operational standards is subject to local government
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1 laws or ordinances.
2 (6) The Energy Office of the Department of
3 Environmental Protection shall review situational progress in
4 post-disaster motor fuel supply distribution and provide a
5 report to the Legislature by March 1, 2007. The report must
6 include information concerning statewide compliance with s.
7 526.143, Florida Statutes, and an identification of all motor
8 fuel retail outlets that are participating in the Florida
9 Disaster Motor Fuel Supplier Program.
10 Section 11. Effective July 1, 2006, subsection (2) of
11 section 501.160, Florida Statutes, is amended to read:
12 501.160 Rental or sale of essential commodities during
13 a declared state of emergency; prohibition against
14 unconscionable prices.--
15 (2) Upon a declaration of a state of emergency by the
16 Governor, it is unlawful and a violation of s. 501.204 for a
17 person or her or his agent or employee to rent or sell or
18 offer to rent or sell at an unconscionable price within the
19 area for which the state of emergency is declared, any
20 essential commodity including, but not limited to, supplies,
21 services, provisions, or equipment that is necessary for
22 consumption or use as a direct result of the emergency. This
23 prohibition is effective not to exceed 60 days under the
24 initial declared state of emergency as defined in s. 252.36(2)
25 and shall be renewed by statement in any subsequent renewals
26 of the declared state of emergency by the Governor remains in
27 effect until the declaration expires or is terminated.
28 Section 12. Effective July 1, 2006, section 553.509,
29 Florida Statutes, is amended to read:
30 553.509 Vertical accessibility.--
31 (1) Nothing in sections 553.501-553.513 or the
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1 guidelines shall be construed to relieve the owner of any
2 building, structure, or facility governed by those sections
3 from the duty to provide vertical accessibility to all levels
4 above and below the occupiable grade level, regardless of
5 whether the guidelines require an elevator to be installed in
6 such building, structure, or facility, except for:
7 (a)(1) Elevator pits, elevator penthouses, mechanical
8 rooms, piping or equipment catwalks, and automobile
9 lubrication and maintenance pits and platforms;
10 (b)(2) Unoccupiable spaces, such as rooms, enclosed
11 spaces, and storage spaces that are not designed for human
12 occupancy, for public accommodations, or for work areas; and
13 (c)(3) Occupiable spaces and rooms that are not open
14 to the public and that house no more than five persons,
15 including, but not limited to, equipment control rooms and
16 projection booths.
17 (2)(a) Any person, firm, or corporation that owns,
18 manages, or operates a residential multifamily dwelling,
19 including a condominium, that is at least 75 feet high and
20 contains a public elevator, as described in s. 399.035(2) and
21 (3) and rules adopted by the Florida Building Commission,
22 shall have at least one public elevator that is capable of
23 operating on an alternate power source for emergency purposes.
24 Alternate power shall be available for the purpose of allowing
25 all residents access for a specified number of hours each day
26 over a 5-day period following a natural disaster, manmade
27 disaster, emergency, or other civil disturbance that disrupts
28 the normal supply of electricity. The alternate power source
29 that controls elevator operations must also be capable of
30 powering any connected fire alarm system in the building.
31 (b) At a minimum, the elevator must be appropriately
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1 pre-wired and prepared to accept an alternate power source and
2 must have a connection on the line side of the main
3 disconnect, pursuant to National Electric Code Handbook,
4 Article 700. In addition to the required power source for the
5 elevator and connected fire alarm system in the building, the
6 alternate power supply must be sufficient to provide emergency
7 lighting to the interior lobbies, hallways, and other portions
8 of the building used by the public. Residential multifamily
9 dwellings must have an available generator and fuel source on
10 the property or have proof of a current contract posted in the
11 elevator machine room or other place conspicuous to the
12 elevator inspector affirming a current guaranteed service
13 contract for such equipment and fuel source to operate the
14 elevator on an on-call basis within 24 hours after a request.
15 By December 31, 2006, any person, firm or corporation that
16 owns, manages or operates a residential multifamily dwelling
17 as defined in paragraph (4)(a) must provide to the local
18 building inspection agency verification of engineering plans
19 for residential multifamily dwellings that provide for the
20 capability to generate power by alternate means. Compliance
21 with installation requirements and operational capability
22 requirements must be verified by local building inspectors and
23 reported to the county emergency management agency by December
24 31, 2007.
25 (c) Each newly constructed residential multifamily
26 dwelling, including a condominium, that is at least 75 feet
27 high and contains a public elevator, as described in s.
28 399.035(2) and (3) and rules adopted by the Florida Building
29 Commission, must have at least one public elevator that is
30 capable of operating on an alternate power source for the
31 purpose of allowing all residents access for a specified
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1 number of hours each day over a 5-day period following a
2 natural disaster, manmade disaster, emergency, or other civil
3 disturbance that disrupts the normal supply of electricity.
4 The alternate power source that controls elevator operations
5 must be capable of powering any connected fire alarm system in
6 the building. In addition to the required power source for the
7 elevator and connected fire alarm system, the alternate power
8 supply must be sufficient to provide emergency lighting to the
9 interior lobbies, hallways, and other portions of the building
10 used by the public. Engineering plans and verification of
11 operational capability must be provided by the local building
12 inspector to the county emergency management agency before
13 occupancy of the newly constructed building.
14 (d) Each person, firm, or corporation that is required
15 to maintain an alternate power source under this subsection
16 shall maintain a written emergency operations plan that
17 details the sequence of operations before, during, and after a
18 natural or manmade disaster or other emergency situation. The
19 plan must include, at a minimum, a life safety plan for
20 evacuation, maintenance of the electrical and lighting supply,
21 and provisions for the health, safety, and welfare of the
22 residents. In addition, the owner, manager, or operator of the
23 residential multifamily dwelling must keep written records of
24 any contracts for alternative power generation equipment.
25 Also, quarterly inspection records of life safety equipment
26 and alternate power generation equipment must be posted in the
27 elevator machine room or other place conspicuous to the
28 elevator inspector, which confirm that such equipment is
29 properly maintained and in good working condition, and copies
30 of contracts for alternate power generation equipment shall be
31 maintained on site for verification. The written emergency
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1 operations plan and inspection records shall also be open for
2 periodic inspection by local and state government agencies as
3 deemed necessary. The owner or operator must keep a generator
4 key in a lockbox posted at or near any installed generator
5 unit.
6 (e) Multistory affordable residential dwellings for
7 persons age 62 and older that are financed or insured by the
8 United States Department of Housing and Urban Development must
9 make every effort to obtain grant funding from the Federal
10 Government or the Florida Housing Finance Corporation to
11 comply with this subsection. If an owner of such a residential
12 dwelling cannot comply with the requirements of this
13 subsection, the owner must develop a plan with the local
14 emergency management agency to ensure that residents are
15 evacuated to a place of safety in the event of a power outage
16 resulting from a natural or manmade disaster or other
17 emergency situation that disrupts the normal supply of
18 electricity for an extended period of time. A place of safety
19 may include, but is not limited to, relocation to an
20 alternative site within the building or evacuation to a local
21 shelter.
22 (f) As a part of the annual elevator inspection
23 required under s. 399.061, certified elevator inspectors shall
24 confirm that all installed generators required by this chapter
25 are in working order, have current inspection records posted
26 in the elevator machine room or other place conspicuous to the
27 elevator inspector, and that the required generator key is
28 present in the lockbox posted at or near the installed
29 generator. If a building does not have an installed generator,
30 the inspector shall confirm that the appropriate pre-wiring
31 and switching capabilities are present and that a statement is
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1 posted in the elevator machine room or other place conspicuous
2 to the elevator inspector affirming a current guaranteed
3 contract exists for contingent services for alternate power is
4 current for the operating period.
5
6 However, buildings, structures, and facilities must, as a
7 minimum, comply with the requirements in the Americans with
8 Disabilities Act Accessibility Guidelines.
9 Section 13. Effective July 1, 2006, paragraph (i) of
10 subsection (2) of section 252.35, Florida Statutes, is
11 amended, present paragraphs (j) through (q) of that subsection
12 are redesignated as paragraphs (k) through (r), respectively,
13 present paragraphs (r) through (v) of that subsection are
14 redesignated as paragraphs (u) through (y), respectively, and
15 new paragraphs (j), (s), and (t) are added to that subsection
16 to read:
17 252.35 Emergency management powers; Division of
18 Emergency Management.--
19 (2) The division is responsible for carrying out the
20 provisions of ss. 252.31-252.90. In performing its duties
21 under ss. 252.31-252.90, the division shall:
22 (i) Institute statewide public awareness programs.
23 This shall include an intensive public educational campaign on
24 emergency preparedness issues, including, but not limited to,
25 the personal responsibility of individual citizens to be
26 self-sufficient for up to 72 hours following a natural or
27 manmade disaster. The public educational campaign shall
28 include relevant information on statewide disaster plans,
29 evacuation routes, fuel suppliers, and shelters. All
30 educational materials must be available in alternative formats
31 and mediums to ensure that they are available to persons with
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1 disabilities.
2 (j) The Division of Emergency Management and the
3 Department of Education shall coordinate with the Agency For
4 Persons with Disabilities to provide an educational outreach
5 program on disaster preparedness and readiness to individuals
6 who have limited English skills and identify persons who are
7 in need of assistance but are not defined under special-needs
8 criteria.
9 (s) By January 1, 2007, the Division of Emergency
10 Management shall complete an inventory of portable generators
11 owned by the state and local governments which are capable of
12 operating during a major disaster. The inventory must
13 identify, at a minimum, the location of each generator, the
14 number of generators stored at each specific location, the
15 agency to which each the generator belongs, the primary use of
16 the generator by the owner agency, and the names, addresses,
17 and telephone numbers of persons having the authority to loan
18 the stored generators as authorized by the Division of
19 Emergency Management during a declared emergency.
20 (t) The division shall maintain an inventory list of
21 generators owned by the state and local governments. In
22 addition, the division may keep a list of private entities,
23 along with appropriate contact information, which offer
24 generators for sale or lease. The list of private entities
25 shall be available to the public for inspection in written and
26 electronic formats.
27 Section 14. There is appropriated $76,150 in
28 nonrecurring general revenue funds to the Department of
29 Community Affairs for a study on the feasibility of
30 incorporating nongovernment agencies and private entities into
31 the logistical supply and distribution system for essential
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1 commodities. This section takes effect July 1, 2006.
2 Section 15. If any provision of this act or its
3 application to any person or circumstance is held invalid, the
4 invalidity does not affect other provisions or applications of
5 the act which can be given effect without the invalid
6 provision or application, and to this end the provisions of
7 this act are severable.
8 Section 16. Effective July 1, 2006, section 252.355,
9 Florida Statutes, is amended to read:
10 252.355 Registry of persons with special needs;
11 notice.--
12 (1) In order to meet the special needs of persons who
13 would need assistance during evacuations and sheltering
14 because of physical, mental, cognitive impairment, or sensory
15 disabilities, each local emergency management agency in the
16 state shall maintain a registry of persons with special needs
17 located within the jurisdiction of the local agency. The
18 registration shall identify those persons in need of
19 assistance and plan for resource allocation to meet those
20 identified needs. To assist the local emergency management
21 agency in identifying such persons, home health agencies,
22 hospices, nurse registries, home medical equipment providers,
23 the Department of Children and Family Services, Department of
24 Health, Agency for Health Care Administration, Department of
25 Education, Agency for Persons with Disabilities, Labor and
26 Employment Security, and Department of Elderly Affairs shall
27 provide registration information to all of their special needs
28 clients and to all persons with special needs who receive
29 services incoming clients as a part of the intake process. The
30 registry shall be updated annually. The registration program
31 shall give persons with special needs the option of
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1 preauthorizing emergency response personnel to enter their
2 homes during search and rescue operations if necessary to
3 assure their safety and welfare following disasters.
4 (2) The Department of Community Affairs shall be the
5 designated lead agency responsible for community education and
6 outreach to the public, including special needs clients,
7 regarding registration and special needs shelters and general
8 information regarding shelter stays.
9 (3) A person with special needs must be allowed to
10 bring his or her service animal into a special needs shelter
11 in accordance with s. 413.08.
12 (4)(a)(2) On or before May 31 May 1 of each year each
13 electric utility in the state shall annually notify
14 residential customers in its service area of the availability
15 of the registration program available through their local
16 emergency management agency by:.
17 1. An initial notification upon the activation of new
18 residential service with the electric utility, followed by one
19 annual notification between January 1 and May 31; or
20 2. Two separate annual notifications between January 1
21 and May 31.
22 (b) The notification may be made by any available
23 means, including, but not limited to, written, electronic, or
24 verbal notification, and may be made concurrently with any
25 other notification to residential customers required by law or
26 rule.
27 (5)(3) All records, data, information, correspondence,
28 and communications relating to the registration of persons
29 with special needs as provided in subsection (1) are
30 confidential and exempt from the provisions of s. 119.07(1),
31 except that such information shall be available to other
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1 emergency response agencies, as determined by the local
2 emergency management director. Local law enforcement agencies
3 shall be given complete shelter roster information upon
4 request.
5 (6)(4) All appropriate agencies and community-based
6 service providers, including home health care providers,
7 hospices, nurse registries, and home medical equipment
8 providers, shall assist emergency management agencies by
9 collecting registration information for persons with special
10 needs as part of program intake processes, establishing
11 programs to increase the awareness of the registration
12 process, and educating clients about the procedures that may
13 be necessary for their safety during disasters. Clients of
14 state or federally funded service programs with physical,
15 mental, cognitive impairment, or sensory disabilities who need
16 assistance in evacuating, or when in shelters, must register
17 as persons with special needs.
18 Section 17. Effective July 1, 2006, section 252.3568,
19 Florida Statutes, is created to read:
20 252.3568 Emergency sheltering of persons with
21 pets.--In accordance with s. 252.35, the division shall
22 address strategies for the evacuation of persons with pets in
23 the shelter component of the state comprehensive emergency
24 management plan and shall include the requirement for similar
25 strategies in its standards and requirements for local
26 comprehensive emergency management plans. The Department of
27 Agriculture and Consumer Services shall assist the division in
28 determining strategies regarding this activity.
29 Section 18. Effective July 1, 2006, section 252.357,
30 Florida Statutes, is created to read:
31 252.357 Monitoring of nursing homes and assisted
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1 living facilities during disaster.--The Florida Comprehensive
2 Emergency Management Plan shall permit the Agency for Health
3 Care Administration, working from the agency's offices or in
4 the Emergency Operations Center, ESF-8, to make initial
5 contact with each nursing home and assisted living facility in
6 the disaster area. The agency, by July 15, 2006, and annually
7 thereafter, shall publish on the Internet an emergency
8 telephone number that may be used by nursing homes and
9 assisted living facilities to contact the agency on a schedule
10 established by the agency to report requests for assistance.
11 The agency may also provide the telephone number to each
12 facility when it makes the initial facility call.
13 Section 19. Effective July 1, 2006, subsections (2)
14 and (4) of section 252.385, Florida Statutes, are amended to
15 read:
16 252.385 Public shelter space.--
17 (2)(a) The division shall administer a program to
18 survey existing schools, universities, community colleges, and
19 other state-owned, municipally owned, and county-owned public
20 buildings and any private facility that the owner, in writing,
21 agrees to provide for use as a public hurricane evacuation
22 shelter to identify those that are appropriately designed and
23 located to serve as such shelters. The owners of the
24 facilities must be given the opportunity to participate in the
25 surveys. The state university boards of trustees Board of
26 Regents, district school boards, community college boards of
27 trustees, and the Department of Education are responsible for
28 coordinating and implementing the survey of public schools,
29 universities, and community colleges with the division or the
30 local emergency management agency.
31 (b) By January 31 of each even-numbered year, the
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1 division shall prepare and submit a statewide emergency
2 shelter plan to the Governor and Cabinet for approval, subject
3 to the requirements for approval in s. 1013.37(2). The plan
4 shall identify the general location and square footage of
5 special needs shelters, by regional planning council region,
6 during the next 5 years. The plan shall also include
7 information on the availability of shelters that accept pets.
8 The Department of Health shall assist the division in
9 determining the estimated need for special needs shelter
10 space and the adequacy of facilities to meet the needs of
11 persons with special needs based on information from the
12 registries of persons with special needs and other
13 information.
14 (4)(a) Public facilities, including schools,
15 postsecondary education facilities, and other facilities owned
16 or leased by the state or local governments, but excluding
17 hospitals, hospice care facilities, assisted living
18 facilities, and or nursing homes, which are suitable for use
19 as public hurricane evacuation shelters shall be made
20 available at the request of the local emergency management
21 agencies. The local emergency management agency shall
22 coordinate with these entities to ensure that designated
23 facilities are ready to activate prior to a specific hurricane
24 or disaster. Such agencies shall coordinate with the
25 appropriate school board, university, community college, or
26 local governing board when requesting the use of such
27 facilities as public hurricane evacuation shelters.
28 (b) The Department of Management Services shall
29 incorporate provisions for the use of suitable leased public
30 facilities as public hurricane evacuation shelters into lease
31 agreements for state agencies. Suitable leased public
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1 facilities include leased public facilities that are solely
2 occupied by state agencies and have at least 2,000 square feet
3 of net floor area in a single room or in a combination of
4 rooms having a minimum of 400 square feet in each room. The
5 net square footage of floor area shall must be determined by
6 subtracting from the gross square footage the square footage
7 of spaces such as mechanical and electrical rooms, storage
8 rooms, open corridors, restrooms, kitchens, science or
9 computer laboratories, shop or mechanical areas,
10 administrative offices, records vaults, and crawl spaces.
11 (c) The Department of Management Services shall, in
12 consultation with local and state emergency management
13 agencies, assess Department of Management Services facilities
14 to identify the extent to which each facility has public
15 hurricane evacuation shelter space. The Department of
16 Management Services shall submit proposed facility retrofit
17 projects that incorporate hurricane protection enhancements to
18 the department for assessment and inclusion in the annual
19 report prepared in accordance with subsection (3).
20 Section 20. Effective July 1, 2006, section 381.0303,
21 Florida Statutes, is amended to read:
22 (Substantial rewording of section. See
23 s. 381.0303, F.S., for present text.)
24 381.0303 Special needs shelters.--
25 (1) PURPOSE.--The purpose of this section is to
26 provide for the operation and closure of special needs
27 shelters and to designate the Department of Health, through
28 its county health departments, as the lead agency for
29 coordination of the recruitment of health care practitioners,
30 as defined in s. 456.001(4), to staff special needs shelters
31 in times of emergency or disaster and to provide resources to
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1 the department to carry out this responsibility. However,
2 nothing in this section prohibits a county health department
3 from entering into an agreement with a local emergency
4 management agency to assume the lead responsibility for
5 recruiting health care practitioners.
6 (2) SPECIAL NEEDS SHELTER PLAN; STAFFING; STATE AGENCY
7 ASSISTANCE.--If funds have been appropriated to support
8 disaster coordinator positions in county health departments:
9 (a) The department shall assume lead responsibility
10 for the coordination of local medical and health care
11 providers, the American Red Cross, and other interested
12 parties in developing a plan for the staffing and medical
13 management of special needs shelters. The local Children's
14 Medical Services offices shall assume lead responsibility for
15 the coordination of local medical and health care providers,
16 the American Red Cross, and other interested parties in
17 developing a plan for the staffing and medical management of
18 pediatric special needs shelters. Plans must conform to the
19 local comprehensive emergency management plan.
20 (b) County health departments shall, in conjunction
21 with the local emergency management agencies, have the lead
22 responsibility for coordination of the recruitment of health
23 care practitioners to staff local special needs shelters.
24 County health departments shall assign their employees to work
25 in special needs shelters when those employees are needed to
26 protect the health and safety of persons with special needs.
27 County governments shall assist the department with nonmedical
28 staffing and the operation of special needs shelters. The
29 local health department and emergency management agency shall
30 coordinate these efforts to ensure appropriate staffing in
31 special needs shelters.
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1 (c) The appropriate county health department,
2 Children's Medical Services office, and local emergency
3 management agency shall jointly decide who has responsibility
4 for medical supervision in each special needs shelter.
5 (d) Local emergency management agencies shall be
6 responsible for the designation and operation of special needs
7 shelters during times of emergency or disaster and the closure
8 of the facilities following an emergency or disaster. The
9 local health department and emergency management agency shall
10 coordinate these efforts to ensure the appropriate designation
11 and operation of special needs shelters. County health
12 departments shall assist the local emergency management agency
13 with regard to the management of medical services in special
14 needs shelters.
15 (e) The Secretary of Elderly Affairs, or his or her
16 designee, shall convene, at any time that he or she deems
17 appropriate and necessary, a multiagency special needs shelter
18 discharge planning team to assist local areas that are
19 severely impacted by a natural or manmade disaster that
20 requires the use of special needs shelters. Multiagency
21 special needs shelter discharge planning teams shall provide
22 assistance to local emergency management agencies with the
23 continued operation or closure of the shelters, as well as
24 with the discharge of special needs clients to alternate
25 facilities if necessary. Local emergency management agencies
26 may request the assistance of a multiagency special needs
27 shelter discharge planning team by alerting statewide
28 emergency management officials of the necessity for additional
29 assistance in their area. The Secretary of Elderly Affairs is
30 encouraged to proactively work with other state agencies prior
31 to any natural disasters for which warnings are provided to
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1 ensure that multiagency special needs shelter discharge
2 planning teams are ready to assemble and deploy rapidly upon a
3 determination by state emergency management officials that a
4 disaster area requires additional assistance. The Secretary of
5 Elderly Affairs may call upon any state agency or office to
6 provide staff to assist a multiagency special needs shelter
7 discharge planning team. Unless the secretary determines that
8 the nature or circumstances surrounding the disaster do not
9 warrant participation from a particular agency's staff, each
10 multiagency special needs shelter discharge planning team
11 shall include at least one representative from each of the
12 following state agencies:
13 1. Department of Elderly Affairs.
14 2. Department of Health.
15 3. Department of Children and Family Services.
16 4. Department of Veterans' Affairs.
17 5. Department of Community Affairs.
18 6. Agency for Health Care Administration.
19 7. Agency for Persons with Disabilities.
20 (3) REIMBURSEMENT TO HEALTH CARE PRACTITIONERS AND
21 FACILITIES.--
22 (a) The department shall, upon request, reimburse in
23 accordance with paragraph (b):
24 1. Health care practitioners, as defined in s.
25 456.001, provided the practitioner is not providing care to a
26 patient under an existing contract, and emergency medical
27 technicians and paramedics licensed under chapter 401 for
28 medical care provided at the request of the department in
29 special needs shelters or at other locations during times of
30 emergency or a declared disaster. Reimbursement for health
31 care practitioners, except for physicians licensed under
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1 chapter 458 or chapter 459, shall be based on the average
2 hourly rate that such practitioners were paid according to the
3 most recent survey of Florida hospitals conducted by the
4 Florida Hospital Association or other nationally recognized or
5 state-recognized data source.
6 2. Health care facilities, such as hospitals, nursing
7 homes, assisted living facilities, and community residential
8 homes, if, upon closure of a special needs shelter, a
9 multiagency special needs shelter discharge planning team
10 determines that it is necessary to discharge persons with
11 special needs to other health care facilities. The receiving
12 facilities are eligible for reimbursement for services
13 provided to the individuals for up to 90 days. A facility must
14 show proof of a written request from a representative of an
15 agency serving on the multiagency special needs shelter
16 discharge planning team that the individual for whom the
17 facility is seeking reimbursement for services rendered was
18 referred to that facility from a special needs shelter. The
19 department shall specify by rule which expenses are
20 reimbursable and the rate of reimbursement for each service.
21 (b) Reimbursement is subject to the availability of
22 federal funds and shall be requested on forms prepared by the
23 department. If a Presidential Disaster Declaration has been
24 issued, the department shall request federal reimbursement of
25 eligible expenditures. The department may not provide
26 reimbursement to facilities under this subsection for services
27 provided to a person with special needs if, during the period
28 of time in which the services were provided, the individual
29 was enrolled in another state-funded program, such as Medicaid
30 or another similar program, was covered under a policy of
31 health insurance as defined in s. 624.603, or was a member of
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1 a health maintenance organization or prepaid health clinic as
2 defined in chapter 641, which would otherwise pay for the same
3 services. Travel expense and per diem costs shall be
4 reimbursed pursuant to s. 112.061.
5 (4) HEALTH CARE PRACTITIONER REGISTRY.--The department
6 may use the registries established in ss. 401.273 and 456.38
7 when health care practitioners are needed to staff special
8 needs shelters or to assist with other disaster-related
9 activities.
10 (5) SPECIAL NEEDS SHELTER INTERAGENCY COMMITTEE.--The
11 Secretary of Health may establish a special needs shelter
12 interagency committee and serve as, or appoint a designee to
13 serve as, the committee's chair. The department shall provide
14 any necessary staff and resources to support the committee in
15 the performance of its duties. The committee shall address and
16 resolve problems related to special needs shelters not
17 addressed in the state comprehensive emergency medical plan
18 and shall consult on the planning and operation of special
19 needs shelters.
20 (a) The committee shall:
21 1. Develop, negotiate, and regularly review any
22 necessary interagency agreements.
23 2. Undertake other such activities as the department
24 deems necessary to facilitate the implementation of this
25 section.
26 3. Submit recommendations to the Legislature as
27 necessary.
28 (b) The special needs shelter interagency committee
29 shall be composed of representatives of emergency management,
30 health, medical, and social services organizations. Membership
31 shall include, but shall not be limited to, representatives of
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1 the Departments of Health, Community Affairs, Children and
2 Family Services, Elderly Affairs, and Education; the Agency
3 for Health Care Administration; the Florida Medical
4 Association; the Florida Osteopathic Medical Association;
5 Associated Home Health Industries of Florida, Inc.; the
6 Florida Nurses Association; the Florida Health Care
7 Association; the Florida Assisted Living Affiliation; the
8 Florida Hospital Association; the Florida Statutory Teaching
9 Hospital Council; the Florida Association of Homes for the
10 Aging; the Florida Emergency Preparedness Association; the
11 American Red Cross; Florida Hospices and Palliative Care,
12 Inc.; the Association of Community Hospitals and Health
13 Systems; the Florida Association of Health Maintenance
14 Organizations; the Florida League of Health Systems; the
15 Private Care Association; the Salvation Army; the Florida
16 Association of Aging Services Providers; the AARP; and the
17 Florida Renal Coalition.
18 (c) Meetings of the committee shall be held in
19 Tallahassee, and members of the committee shall serve at the
20 expense of the agencies or organizations they represent. The
21 committee shall make every effort to use teleconference or
22 video conference capabilities in order to ensure statewide
23 input and participation.
24 (6) RULES.--The department has the authority to adopt
25 rules necessary to implement this section. Rules shall
26 include:
27 (a) The definition of a "person with special needs,"
28 including eligibility criteria for individuals with physical,
29 mental, cognitive impairment, or sensory disabilities and the
30 services a person with special needs can expect to receive in
31 a special needs shelter.
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1 (b) The process for special needs shelter health care
2 practitioners and facility reimbursement for services provided
3 in a disaster.
4 (c) Guidelines for special needs shelter staffing
5 levels to provide services.
6 (d) The definition of and standards for special needs
7 shelter supplies and equipment, including durable medical
8 equipment.
9 (e) Standards for the special needs shelter
10 registration process, including guidelines for addressing the
11 needs of unregistered persons in need of a special needs
12 shelter.
13 (f) Standards for addressing the needs of families
14 where only one dependent is eligible for admission to a
15 special needs shelter and the needs of adults with special
16 needs who are caregivers for individuals without special
17 needs.
18 (g) The requirement of the county health departments
19 to seek the participation of hospitals, nursing homes,
20 assisted living facilities, home health agencies, hospice
21 providers, nurse registries, home medical equipment providers,
22 dialysis centers, and other health and medical emergency
23 preparedness stakeholders in pre-event planning activities.
24 (7) EMERGENCY MANAGEMENT PLANS.--The submission of
25 emergency management plans to county health departments by
26 home health agencies, nurse registries, hospice programs, and
27 home medical equipment providers is conditional upon receipt
28 of an appropriation by the department to establish disaster
29 coordinator positions in county health departments unless the
30 secretary of the department and a local county commission
31 jointly determine to require that such plans be submitted
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1 based on a determination that there is a special need to
2 protect public health in the local area during an emergency.
3 Section 21. Effective July 1, 2006, section 400.492,
4 Florida Statutes, is amended to read:
5 400.492 Provision of services during an
6 emergency.--Each home health agency shall prepare and maintain
7 a comprehensive emergency management plan that is consistent
8 with the standards adopted by national or state accreditation
9 organizations and consistent with the local special needs
10 plan. The plan shall be updated annually and shall provide for
11 continuing home health services during an emergency that
12 interrupts patient care or services in the patient's home. The
13 plan shall include the means by which the home health agency
14 will continue to provide staff to perform the same type and
15 quantity of services to their patients who evacuate to special
16 needs shelters that were being provided to those patients
17 prior to evacuation. The plan shall describe how the home
18 health agency establishes and maintains an effective response
19 to emergencies and disasters, including: notifying staff when
20 emergency response measures are initiated; providing for
21 communication between staff members, county health
22 departments, and local emergency management agencies,
23 including a backup system; identifying resources necessary to
24 continue essential care or services or referrals to other
25 organizations subject to written agreement; and prioritizing
26 and contacting patients who need continued care or services.
27 (1) Each patient record for patients who are listed in
28 the registry established pursuant to s. 252.355 shall include
29 a description of how care or services will be continued in the
30 event of an emergency or disaster. The home health agency
31 shall discuss the emergency provisions with the patient and
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1 the patient's caregivers, including where and how the patient
2 is to evacuate, procedures for notifying the home health
3 agency in the event that the patient evacuates to a location
4 other than the shelter identified in the patient record, and a
5 list of medications and equipment which must either accompany
6 the patient or will be needed by the patient in the event of
7 an evacuation.
8 (2) Each home health agency shall maintain a current
9 prioritized list of patients who need continued services
10 during an emergency. The list shall indicate how services
11 shall be continued in the event of an emergency or disaster
12 for each patient and if the patient is to be transported to a
13 special needs shelter, and shall indicate if the patient is
14 receiving skilled nursing services and the patient's
15 medication and equipment needs. The list shall be furnished to
16 county health departments and to local emergency management
17 agencies, upon request.
18 (3) Home health agencies shall not be required to
19 continue to provide care to patients in emergency situations
20 that are beyond their control and that make it impossible to
21 provide services, such as when roads are impassable or when
22 patients do not go to the location specified in their patient
23 records. Home health agencies may establish links to local
24 emergency operations centers to determine a mechanism by which
25 to approach specific areas within a disaster area in order for
26 the agency to reach its clients. Home health agencies shall
27 demonstrate a good faith effort to comply with the
28 requirements of this subsection by documenting attempts of
29 staff to follow procedures outlined in the home health
30 agency's comprehensive emergency management plan, and by the
31 patient's record, which support a finding that the provision
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1 of continuing care has been attempted for those patients who
2 have been identified as needing care by the home health agency
3 and registered under s. 252.355, in the event of an emergency
4 or disaster under subsection (1).
5 (4) Notwithstanding the provisions of s. 400.464(2) or
6 any other provision of law to the contrary, a home health
7 agency may provide services in a special needs shelter located
8 in any county.
9 Section 22. Effective July 1, 2006, subsection (8) of
10 section 400.497, Florida Statutes, is amended to read:
11 400.497 Rules establishing minimum standards.--The
12 agency shall adopt, publish, and enforce rules to implement
13 this part, including, as applicable, ss. 400.506 and 400.509,
14 which must provide reasonable and fair minimum standards
15 relating to:
16 (8) Preparation of a comprehensive emergency
17 management plan pursuant to s. 400.492.
18 (a) The Agency for Health Care Administration shall
19 adopt rules establishing minimum criteria for the plan and
20 plan updates, with the concurrence of the Department of Health
21 and in consultation with the Department of Community Affairs.
22 (b) The rules must address the requirements in s.
23 400.492. In addition, the rules shall provide for the
24 maintenance of patient-specific medication lists that can
25 accompany patients who are transported from their homes.
26 (c) The plan is subject to review and approval by the
27 county health department. During its review, the county health
28 department shall contact state and local health and medical
29 stakeholder when necessary. ensure that the following
30 agencies, at a minimum, are given the opportunity to review
31 the plan:
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1 1. The local emergency management agency.
2 2. The Agency for Health Care Administration.
3 3. The local chapter of the American Red Cross or
4 other lead sheltering agency.
5 4. The district office of the Department of Children
6 and Family Services.
7
8 The county health department shall complete its review to
9 ensure that the plan is in accordance with the criteria in the
10 Agency for Health Care Administration rules within 90 60 days
11 after receipt of the plan and shall either approve the plan or
12 advise the home health agency of necessary revisions. If the
13 home health agency fails to submit a plan or fails to submit
14 the requested information or revisions to the county health
15 department within 30 days after written notification from the
16 county health department, the county health department shall
17 notify the Agency for Health Care Administration. The agency
18 shall notify the home health agency that its failure
19 constitutes a deficiency, subject to a fine of $5,000 per
20 occurrence. If the plan is not submitted, information is not
21 provided, or revisions are not made as requested, the agency
22 may impose the fine.
23 (d) For any home health agency that operates in more
24 than one county, the Department of Health shall review the
25 plan, after consulting with state and local health and medical
26 stakeholders when necessary all of the county health
27 departments, the agency, and all the local chapters of the
28 American Red Cross or other lead sheltering agencies in the
29 areas of operation for that particular home health agency. The
30 department of Health shall complete its review within 90 days
31 after receipt of the plan and shall either approve the plan or
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1 advise the home health agency of necessary revisions. The
2 department of Health shall make every effort to avoid imposing
3 differing requirements on a home health agency that operates
4 in more than one county as a result of differing or
5 conflicting comprehensive plan requirements of the based on
6 differences between counties in which on the home health
7 agency operates.
8 (e) The requirements in this subsection do not apply
9 to:
10 1. A facility that is certified under chapter 651 and
11 has a licensed home health agency used exclusively by
12 residents of the facility; or
13 2. A retirement community that consists of residential
14 units for independent living and either a licensed nursing
15 home or an assisted living facility, and has a licensed home
16 health agency used exclusively by the residents of the
17 retirement community, provided the comprehensive emergency
18 management plan for the facility or retirement community
19 provides for continuous care of all residents with special
20 needs during an emergency.
21 Section 23. Effective July 1, 2006, subsection (16) of
22 section 400.506, Florida Statutes, is amended to read:
23 400.506 Licensure of nurse registries; requirements;
24 penalties.--
25 (16) Each nurse registry shall prepare and maintain a
26 comprehensive emergency management plan that is consistent
27 with the criteria in this subsection and with the local
28 special needs plan. The plan shall be updated annually. The
29 plan shall include the means by which the nurse registry will
30 continue to provide the same type and quantity of services to
31 its patients who evacuate to special needs shelters which were
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1 being provided to those patients prior to evacuation. The plan
2 shall specify how the nurse registry shall facilitate the
3 provision of continuous care by persons referred for contract
4 to persons who are registered pursuant to s. 252.355 during an
5 emergency that interrupts the provision of care or services in
6 private residencies. Nurse registries may establish links to
7 local emergency operations centers to determine a mechanism by
8 which to approach specific areas within a disaster area in
9 order for a provider to reach its clients. Nurse registries
10 shall demonstrate a good-faith effort to comply with the
11 requirements of this subsection by documenting attempts of
12 staff to follow procedures outlined in the nurse registry's
13 comprehensive emergency management plan which support a
14 finding that the provision of continuing care has been
15 attempted for patients identified as needing care by the nurse
16 registry and registered under s. 252.355 in the event of an
17 emergency under s. 400.506(1).
18 (a) All persons referred for contract who care for
19 persons registered pursuant to s. 252.355 must include in the
20 patient record a description of how care will be continued
21 during a disaster or emergency that interrupts the provision
22 of care in the patient's home. It shall be the responsibility
23 of the person referred for contract to ensure that continuous
24 care is provided.
25 (b) Each nurse registry shall maintain a current
26 prioritized list of patients in private residences who are
27 registered pursuant to s. 252.355 and are under the care of
28 persons referred for contract and who need continued services
29 during an emergency. This list shall indicate, for each
30 patient, if the client is to be transported to a special needs
31 shelter and if the patient is receiving skilled nursing
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1 services. Nurse registries shall make this list available to
2 county health departments and to local emergency management
3 agencies upon request.
4 (c) Each person referred for contract who is caring
5 for a patient who is registered pursuant to s. 252.355 shall
6 provide a list of the patient's medication and equipment needs
7 to the nurse registry. Each person referred for contract shall
8 make this information available to county health departments
9 and to local emergency management agencies upon request.
10 (d) Each person referred for contract shall not be
11 required to continue to provide care to patients in emergency
12 situations that are beyond the person's control and that make
13 it impossible to provide services, such as when roads are
14 impassable or when patients do not go to the location
15 specified in their patient records.
16 (e) The comprehensive emergency management plan
17 required by this subsection is subject to review and approval
18 by the county health department. During its review, the county
19 health department shall contact state and local health and
20 medical stakeholders when necessary ensure that, at a minimum,
21 the local emergency management agency, the Agency for Health
22 Care Administration, and the local chapter of the American Red
23 Cross or other lead sheltering agency are given the
24 opportunity to review the plan. The county health department
25 shall complete its review to ensure that the plan complies
26 with the criteria in the Agency for Health Care Administration
27 rules within 90 60 days after receipt of the plan and shall
28 either approve the plan or advise the nurse registry of
29 necessary revisions. If a nurse registry fails to submit a
30 plan or fails to submit requested information or revisions to
31 the county health department within 30 days after written
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1 notification from the county health department, the county
2 health department shall notify the Agency for Health Care
3 Administration. The agency shall notify the nurse registry
4 that its failure constitutes a deficiency, subject to a fine
5 of $5,000 per occurrence. If the plan is not submitted,
6 information is not provided, or revisions are not made as
7 requested, the agency may impose the fine.
8 (f) The Agency for Health Care Administration shall
9 adopt rules establishing minimum criteria for the
10 comprehensive emergency management plan and plan updates
11 required by this subsection, with the concurrence of the
12 Department of Health and in consultation with the Department
13 of Community Affairs.
14 Section 24. Effective July 1, 2006, subsection (1) of
15 section 400.610, Florida Statutes, is amended to read:
16 400.610 Administration and management of a hospice.--
17 (1) A hospice shall have a clearly defined organized
18 governing body, consisting of a minimum of seven persons who
19 are representative of the general population of the community
20 served. The governing body shall have autonomous authority and
21 responsibility for the operation of the hospice and shall meet
22 at least quarterly. The governing body shall:
23 (a) Adopt an annual plan for the operation of the
24 hospice, which shall include a plan for providing for
25 uncompensated care and philanthropic community activities.
26 (b)1. Prepare and maintain a comprehensive emergency
27 management plan that provides for continuing hospice services
28 in the event of an emergency that is consistent with local
29 special needs plans. The plan shall include provisions for
30 ensuring continuing care to hospice patients who go to special
31 needs shelters. The plan shall include the means by which the
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1 hospice provider will continue to provide staff to provide the
2 same type and quantity of services to their patients who
3 evacuate to special needs shelters which were being provided
4 to those patients prior to evacuation. The plan is subject to
5 review and approval by the county health department, except as
6 provided in subparagraph 2. During its review, the county
7 health department shall contact state and local health and
8 medical stakeholders when necessary ensure that the
9 department, the agency, and the local chapter of the American
10 Red Cross or other lead sheltering agency have an opportunity
11 to review and comment on the plan. The county health
12 department shall complete its review to ensure that the plan
13 complies with criteria in rules of the Department of Elderly
14 Affairs within 90 60 days after receipt of the plan and shall
15 either approve the plan or advise the hospice of necessary
16 revisions. Hospice providers may establish links to local
17 emergency operations centers to determine a mechanism by which
18 to approach specific areas within a disaster area in order for
19 the provider to reach its clients. A hospice shall demonstrate
20 a good-faith effort to comply with the requirements of this
21 paragraph by documenting attempts of staff to follow
22 procedures as outlined in the hospice's comprehensive
23 emergency management plan and to provide continuing care for
24 those hospice clients who have been identified as needing
25 alternative caregiver services in the event of an emergency.
26 2. For any hospice that operates in more than one
27 county, the Department of Health during its review shall
28 contact state and local health and medical stakeholders when
29 necessary review the plan, after consulting with all of the
30 county health departments, the agency, and all the local
31 chapters of the American Red Cross or other lead sheltering
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1 agency in the areas of operation for that particular hospice.
2 The Department of Health shall complete its review to ensure
3 that the plan complies with criteria in rules of the
4 Department of Elderly Affairs within 90 days after receipt of
5 the plan and shall either approve the plan or advise the
6 hospice of necessary revisions. The Department of Health shall
7 make every effort to avoid imposing on the hospice differing
8 requirements on a hospice that operates in more than one
9 county as a result of differing or conflicting comprehensive
10 plan requirements of the based on differences between counties
11 in which the hospice operates.
12 (c) Adopt an annual budget.
13 (d) Appoint a director who shall be responsible for
14 the day-to-day management and operation of the hospice and who
15 shall serve as the liaison between the governing body and the
16 hospice staff.
17 (e) Undertake such additional activities as necessary
18 to ensure that the hospice is complying with the requirements
19 for hospice services as set forth in this part.
20 Section 25. Effective July 1, 2006, present
21 subsections (13) through (16) of section 400.925, Florida
22 Statutes, are redesignated as subsections (14) through (17)
23 respectively, and a new subsection (13) is added to that
24 section, to read:
25 400.925 Definitions.--As used in this part, the term:
26 (13) "Life-supporting or life-sustaining equipment"
27 means a device that is essential to, or that yields
28 information that is essential to, the restoration or
29 continuation of a bodily function important to the
30 continuation of human life. Life- supporting or
31 life-sustaining equipment includes apnea monitors, enteral
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1 feeding pumps, infusion pumps, portable home dialysis
2 equipment, and ventilator equipment and supplies for all
3 related equipment, including oxygen equipment and related
4 respiratory equipment.
5 Section 26. Effective July 1, 2006, subsections (20),
6 (21), and (22) are added to section 400.934, Florida Statutes,
7 to read:
8 400.934 Minimum standards.--As a requirement of
9 licensure, home medical equipment providers shall:
10 (20)(a) Prepare and maintain a comprehensive emergency
11 management plan that meets minimum criteria established by
12 agency rule under s. 400.935. The plan shall be updated
13 annually and shall provide for continuing home medical
14 equipment services for life-supporting or life-sustaining
15 equipment, as defined in s. 400.925, during an emergency that
16 interrupts home medical equipment services in a patient's
17 home. The plan shall include:
18 1. The means by which the home medical equipment
19 provider will continue to provide equipment to perform the
20 same type and quantity of services to its patients who
21 evacuate to special needs shelters which were being provided
22 to those patients prior to evacuation.
23 2. The means by which the home medical equipment
24 provider establishes and maintains an effective response to
25 emergencies and disasters, including plans for:
26 a. Notification of staff when emergency response
27 measures are initiated.
28 b. Communication between staff members, county health
29 departments, and local emergency management agencies, which
30 includes provisions for a backup communications system.
31 c. Identification of resources necessary to continue
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1 essential care or services or referrals to other organizations
2 subject to written agreement.
3 d. Contacting and prioritizing patients in need of
4 continued medical equipment services and supplies.
5 (b) The plan is subject to review and approval by the
6 county health department. During its review, the county health
7 department shall contact state and local health and medical
8 stakeholders when necessary. The county health department
9 shall complete its review to ensure that the plan is in
10 accordance with the criteria in the Agency for Health Care
11 Administration rules within 90 days after receipt of the plan.
12 If a home medical equipment provider fails to submit a plan or
13 fails to submit requested information or revisions to the
14 county health department within 30 days after written
15 notification from the county health department, the county
16 health department shall notify the Agency for Health Care
17 Administration. The agency shall notify the home medical
18 equipment provider that such failure constitutes a deficiency,
19 subject to a fine of $5,000 per occurrence. If the plan is not
20 submitted, information is not provided, or revisions are not
21 made as requested, the agency may impose the fine.
22 (21) Each home medical equipment provider shall
23 maintain a current prioritized list of patients who need
24 continued services during an emergency. The list shall
25 indicate the means by which services shall be continued for
26 each patient in the event of an emergency or disaster, whether
27 the patient is to be transported to a special needs shelter,
28 and whether the patient has life-supporting or life-sustaining
29 equipment, including the specific type of equipment and
30 related supplies. The list shall be furnished to county health
31 departments and local emergency management agencies upon
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1 request.
2 (22) Home medical equipment providers may establish
3 links to local emergency operations centers to determine a
4 mechanism by which to approach specific areas within a
5 disaster area in order for the provider to reach its patients.
6 Section 27. Effective July 1, 2006, subsection (11) is
7 added to section 400.935, Florida Statutes, to read:
8 400.935 Rules establishing minimum standards.--The
9 agency shall adopt, publish, and enforce rules to implement
10 this part, which must provide reasonable and fair minimum
11 standards relating to:
12 (11) Preparation of the comprehensive emergency
13 management plan under s. 400.934 and the establishment of
14 minimum criteria for the plan, including the maintenance of
15 patient equipment and supply lists that can accompany patients
16 who are transported from their homes. Such rules shall be
17 formulated in consultation with the Department of Health and
18 the Department of Community Affairs.
19 Section 28. Effective July 1, 2006, section 408.831,
20 Florida Statutes, is amended to read:
21 408.831 Denial, suspension, or revocation of a
22 license, registration, certificate, or application.--
23 (1) In addition to any other remedies provided by law,
24 the agency may deny each application or suspend or revoke each
25 license, registration, or certificate of entities regulated or
26 licensed by it:
27 (a) If the applicant, licensee, registrant, or
28 certificateholder, or, in the case of a corporation,
29 partnership, or other business entity, if any officer,
30 director, agent, or managing employee of that business entity
31 or any affiliated person, partner, or shareholder having an
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1 ownership interest equal to 5 percent or greater in that
2 business entity, has failed to pay all outstanding fines,
3 liens, or overpayments assessed by final order of the agency
4 or final order of the Centers for Medicare and Medicaid
5 Services, not subject to further appeal, unless a repayment
6 plan is approved by the agency; or
7 (b) For failure to comply with any repayment plan.
8 (2) In reviewing any application requesting a change
9 of ownership or change of the licensee, registrant, or
10 certificateholder, the transferor shall, prior to agency
11 approval of the change, repay or make arrangements to repay
12 any amounts owed to the agency. Should the transferor fail to
13 repay or make arrangements to repay the amounts owed to the
14 agency, the issuance of a license, registration, or
15 certificate to the transferee shall be delayed until repayment
16 or until arrangements for repayment are made.
17 (3) An entity subject to this section may exceed its
18 licensed capacity to act as a receiving facility in accordance
19 with an emergency operations plan for clients of evacuating
20 providers from a geographic area where an evacuation order has
21 been issued by a local authority having jurisdiction. While in
22 an overcapacity status, each provider must furnish or arrange
23 for appropriate care and services to all clients. In addition,
24 the agency may approve requests for overcapacity beyond 15
25 days, which approvals may be based upon satisfactory
26 justification and need as provided by the receiving and
27 sending facilities.
28 (4)(a) An inactive license may be issued to a licensee
29 subject to this section when the provider is located in a
30 geographic area where a state of emergency was declared by the
31 Governor if the provider:
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1 1. Suffered damage to its operation during that state
2 of emergency.
3 2. Is currently licensed.
4 3. Does not have a provisional license.
5 4. Will be temporarily unable to provide services but
6 is reasonably expected to resume services within 12 months.
7 (b) An inactive license may be issued for a period not
8 to exceed 12 months but may be renewed by the agency for up to
9 12 additional months upon demonstration to the agency of
10 progress toward reopening. A request by a licensee for an
11 inactive license or to extend the previously approved inactive
12 period must be submitted in writing to the agency, accompanied
13 by written justification for the inactive license, which
14 states the beginning and ending dates of inactivity and
15 includes a plan for the transfer of any clients to other
16 providers and appropriate licensure fees. Upon agency
17 approval, the licensee shall notify clients of any necessary
18 discharge or transfer as required by authorizing statutes or
19 applicable rules. The beginning of the inactive licensure
20 period shall be the date the provider ceases operations. The
21 end of the inactive period shall become the licensee
22 expiration date, and all licensure fees must be current, paid
23 in full, and may be prorated. Reactivation of an inactive
24 license requires the prior approval by the agency of a renewal
25 application, including payment of licensure fees and agency
26 inspections indicating compliance with all requirements of
27 this part and applicable rules and statutes.
28 (5)(3) This section provides standards of enforcement
29 applicable to all entities licensed or regulated by the Agency
30 for Health Care Administration. This section controls over any
31 conflicting provisions of chapters 39, 381, 383, 390, 391,
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1 393, 394, 395, 400, 408, 468, 483, and 641 or rules adopted
2 pursuant to those chapters.
3 Section 29. Emergency preparedness-prescription
4 medication refills.--All health insurers, managed care
5 organizations, and other entities that are licensed by the
6 Office of Insurance Regulation and provide prescription
7 medication coverage as part of a policy or contract shall
8 waive time restrictions on prescription medication refills,
9 which includes suspension of electronic "refill too soon"
10 edits to pharmacies, to enable insureds or subscribers to
11 refill prescriptions in advance, if there are authorized
12 refills remaining, and shall authorize payment to pharmacies
13 for at least a thirty day supply of any prescription
14 medication, regardless of the date upon which the prescription
15 had most recently been filled by a pharmacist, when the
16 following conditions occur:
17 (1) The person seeking the prescription medication
18 refill resides in a county that:
19 (a) Is under a hurricane warning issued by the
20 National Weather Service;
21 (b) Is declared to be under a state of emergency in an
22 executive order issued by the Governor; or
23 (c) Has activated its emergency operations center and
24 its emergency management plan.
25 (2) The prescription medication refill is requested
26 within 30 days after the origination date of the conditions
27 stated in this section or until such conditions are terminated
28 by the issuing authority or no longer exists. The time period
29 for the waiver of prescription medication refills may be
30 extended in 15- or 30-day increments by emergency orders
31 issued by the Office of Insurance Regulation.
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1
2 This section does not excuse or exempt an insured or
3 subscriber from compliance with all other terms of the policy
4 or contract providing prescription medication coverage. This
5 section takes effect July 1, 2006.
6 Section 30. Except as otherwise expressly provided in
7 this act, this act shall take effect upon becoming a law.
8
9
10 ================ T I T L E A M E N D M E N T ===============
11 And the title is amended as follows:
12 Delete everything before the enacting clause
13
14 and insert:
15 A bill to be entitled
16 An act relating to emergency management;
17 providing legislative findings with respect to
18 the need for improvements in the state's
19 infrastructure in response to the hurricane
20 seasons of 2004 and 2005; providing for the
21 Legislature to make funds available to local
22 and state agencies through appropriations to
23 the Department of Community Affairs; requiring
24 the department to establish a statewide grant
25 application process; providing criteria for an
26 appropriation to fund the construction or
27 renovation of county emergency operations
28 centers and designated alternate state
29 emergency operations centers; providing
30 limitations on the use of such funds; requiring
31 that the release of funds be approved by the
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 7121, 1st Eng.
Barcode 500730
1 Legislative Budget Commission; providing
2 criteria for an appropriation to fund equipping
3 public special-needs hurricane evacuation
4 shelters with the permanent capacity to
5 generate emergency power; providing criteria
6 for an appropriation for retrofitting public
7 hurricane evacuation shelters; requiring that
8 the release of funds be approved by the
9 Legislative Budget Commission; providing for
10 funds to be appropriated to improve the
11 logistical staging and warehouse capacity of
12 commodities used following a disaster;
13 providing for funds to be appropriated for the
14 purpose of hurricane evacuation planning;
15 providing appropriations; directing the
16 Division of Emergency Management to conduct a
17 feasibility study relating to the supply and
18 distribution of essential commodities by
19 nongovernment and private entities; creating s.
20 526.143, F.S.; providing that each motor fuel
21 terminal facility and wholesaler that sells
22 motor fuel in the state must be capable of
23 operating its distribution loading racks using
24 an alternate power source for a specified
25 period by a certain date; providing
26 requirements with respect to the operation of
27 such equipment following a major disaster;
28 providing requirements with respect to
29 inspection of such equipment; requiring newly
30 constructed or substantially renovated motor
31 fuel retail outlets to be capable of operation
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 7121, 1st Eng.
Barcode 500730
1 using an alternate power source; defining
2 "substantially renovated"; requiring certain
3 motor fuel retail outlets located within a
4 specified distance from an interstate highway
5 or state or federally designated evacuation
6 route to be capable of operation using an
7 alternate power source by a specified date;
8 providing inspection and recordkeeping
9 requirements; providing applicability; creating
10 s. 526.144, F.S.; creating the Florida Disaster
11 Motor Fuel Supplier Program within the
12 Department of Community Affairs; providing
13 requirements for participation in the program;
14 providing that participation in the program
15 shall be at the option of each county;
16 providing for administration of the program;
17 providing requirements of businesses certified
18 as State Emergency Response Team members;
19 providing for preemption to the state of the
20 regulation of and requirements for siting and
21 placement of an alternate power source and any
22 related equipment at motor fuel terminal
23 facilities, wholesalers, and retail sales
24 outlets; providing for preemption to the state
25 of the regulation of certain retail
26 establishments; providing for review of the
27 program; providing a report; amending s.
28 501.160, F.S., providing limiting price gouge
29 prohibition periods; providing prohibition
30 period renewal; amending s. 553.509, F.S.,
31 relating to requirements with respect to
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 7121, 1st Eng.
Barcode 500730
1 vertical accessibility under part II of ch.
2 553, F.S., the "Florida Americans With
3 Disabilities Accessibility Implementation Act";
4 requiring specified existing and newly
5 constructed residential multifamily dwellings
6 to have at least one public elevator that is
7 capable of operating on an alternate power
8 source for emergency purposes; providing
9 requirements with respect to the alternate
10 power source; providing for verification of
11 compliance by specified dates; providing
12 requirements with respect to emergency
13 operations plans and inspection records;
14 requiring any person, firm, or corporation that
15 owns, manages or operates specified multistory
16 affordable residential dwellings to attempt to
17 obtain grant funding to comply with the act;
18 requiring an owner, manager or operator of such
19 a dwelling to develop an evacuation plan in the
20 absence of compliance with the act; providing
21 additional inspection requirements under ch.
22 399, F.S., the "Elevator Safety Act"; amending
23 s. 252.35, F.S.; expanding the duty of the
24 Division of Emergency Management to conduct a
25 public educational campaign on emergency
26 preparedness issues; expanding the duty of the
27 Division of Emergency Management to create and
28 maintain lists of emergency generators;
29 providing an additional duty of the division
30 with respect to educational outreach concerning
31 disaster preparedness; providing an
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 7121, 1st Eng.
Barcode 500730
1 appropriation to the Department of Community
2 Affairs to conduct a feasibility study;
3 providing severability; amending s. 252.355,
4 F.S.; specifying additional entities and
5 agencies that are required to provide
6 registration information to persons with
7 disabilities or special needs for purposes of
8 inclusion within the registry of persons with
9 special needs maintained by local emergency
10 management agencies; providing that the
11 Department of Community Affairs is the
12 designated lead agency responsible for
13 community education and outreach to the general
14 public, including persons with special needs,
15 regarding registration as a person with special
16 needs, special needs shelters, and general
17 information regarding shelter stays; providing
18 that special needs shelters must allow persons
19 with special needs to bring service animals
20 into special needs shelters; revising
21 provisions with respect to the required
22 notification of residential utility customers
23 of the availability of the special needs
24 registration program; providing that specified
25 confidential and exempt information relating to
26 the roster of persons with special needs in
27 special needs shelters be provided to local law
28 enforcement; creating s. 252.3568, F.S.;
29 requiring the Division of Emergency Management
30 to address strategies for the evacuation of
31 persons with pets in the shelter component of
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 7121, 1st Eng.
Barcode 500730
1 the state comprehensive emergency management
2 plan; creating s. 252.357, F.S.; requiring the
3 Florida Comprehensive Emergency Management Plan
4 to permit the Agency for Health Care
5 Administration to make initial contact with
6 each nursing home and assisted living facility
7 in a disaster area; requiring the agency to
8 annually publish an emergency telephone number
9 that may be used by nursing homes and assisted
10 living facilities to contact the agency;
11 amending s. 252.385, F.S., relating to public
12 shelter space; requiring the Division of
13 Emergency Management of the Department of
14 Community Affairs to biennially prepare and
15 submit a statewide emergency shelter plan to
16 the Governor and the Cabinet for approval;
17 providing plan requirements; requiring the
18 Department of Health to provide specified
19 assistance to the division; revising the list
20 of those facilities that are excluded as being
21 suitable for use as public hurricane evacuation
22 shelters; requiring local emergency management
23 agencies to coordinate with public facilities
24 to determine readiness prior to activation;
25 amending s. 381.0303, F.S.; providing for the
26 operation of special needs shelters; providing
27 that local Children's Medical Services offices
28 shall assume lead responsibility for specified
29 coordination with respect to the development of
30 a plan for the staffing and medical management
31 of pediatric special needs shelters; requiring
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 7121, 1st Eng.
Barcode 500730
1 that such plans conform to the local
2 comprehensive emergency management plan;
3 requiring county governments to assist the
4 Department of Health with nonmedical staffing
5 and operation of special needs shelters;
6 requiring county health departments and
7 emergency management agencies to coordinate
8 such efforts to ensure appropriate staffing;
9 providing that the appropriate county health
10 department, Children's Medical Services office,
11 and local emergency management agency shall
12 jointly determine the responsibility for
13 medical supervision in a special needs shelter;
14 providing notification requirements; requiring
15 the emergency management agency and the local
16 health department to coordinate efforts to
17 ensure appropriate designation, operation, and
18 closure of special needs shelters; requiring
19 the Secretary of Elderly Affairs to convene
20 multiagency special needs shelter discharge
21 planning teams to assist local areas that are
22 severely impacted by a natural or manmade
23 disaster that requires the use of special needs
24 shelters; providing duties and responsibilities
25 of such discharge planning teams; providing for
26 the inclusion of specified state agency
27 representatives on each discharge planning
28 team; revising provisions relating to
29 reimbursement of health care practitioners;
30 providing for eligibility of specified health
31 care facilities for reimbursement when a
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 7121, 1st Eng.
Barcode 500730
1 multiagency special needs shelter discharge
2 planning team discharges persons with special
3 needs to such receiving facilities; providing
4 procedures and requirements with respect to
5 such reimbursement; requiring the department to
6 specify by rule expenses that are reimbursable
7 and the rate of reimbursement for services;
8 revising provisions that prescribe means of and
9 procedures for reimbursement; disallowing
10 specified reimbursements; revising provisions
11 with respect to the organization, role, duties,
12 and composition of the special needs shelter
13 interagency committee; requiring the department
14 to adopt specified rules with respect to
15 special needs shelters; amending ss. 400.492,
16 400.497, 400.506, 400.610, and 400.934, F.S.;
17 revising requirements with respect to the
18 comprehensive emergency management plans of
19 home health agencies, nurse registries, and
20 hospices, and providing requirements with
21 respect to home medical equipment providers, to
22 include the means by which continuing services
23 will be provided to patients who evacuate to
24 special needs shelters; authorizing the
25 establishment of links to local emergency
26 operations centers for specified purposes;
27 revising requirements of a county health
28 department with respect to review of a
29 comprehensive emergency management plan
30 submitted by a home health agency, nurse
31 registry, or hospice; providing requirements
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 7121, 1st Eng.
Barcode 500730
1 upon failure to submit a plan or requested
2 information to the department; providing for
3 imposition of a fine; revising requirements of
4 the Department of Health with respect to review
5 of the plan of a home health agency or hospice
6 that operates in more than one county;
7 providing that the preparation and maintenance
8 of a comprehensive emergency management plan by
9 a home medical equipment provider is a
10 requirement for licensure and must meet minimum
11 criteria established by the Agency for Health
12 Care Administration; providing plan
13 requirements; providing that the plan is
14 subject to review and approval by the county
15 health department; requiring each home medical
16 equipment provider to maintain a current
17 prioritized list of patients who need continued
18 services during an emergency; amending s.
19 400.925, F.S.; defining "life-supporting or
20 life-sustaining equipment" for purposes of part
21 X of ch. 400, F.S., relating to home medical
22 equipment providers; amending s. 400.935, F.S.;
23 requiring the Agency for Health Care
24 Administration to adopt rules with respect to
25 the comprehensive emergency management plan
26 prepared by a home medical equipment services
27 provider; amending s. 408.831, F.S.; providing
28 that entities regulated or licensed by the
29 Agency for Health Care Administration may
30 exceed their licensed capacity to act as
31 receiving facilities under specified
62
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 7121, 1st Eng.
Barcode 500730
1 circumstances; providing requirements while
2 such entities are in an overcapacity status;
3 providing for issuance of an inactive license
4 to such licensees under specified conditions;
5 providing requirements and procedures with
6 respect to the issuance and reactivation of an
7 inactive license; providing fees; requiring
8 certain health insurance companies to waive
9 restrictions on filling prescriptions during a
10 declared State of Emergency; providing
11 effective dates.
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