| 1 | The Fiscal Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 |
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| 6 | A bill to be entitled |
| 7 | An act relating to disaster preparedness response and |
| 8 | recovery; creating s. 252.63, F.S.; creating the Florida |
| 9 | Disaster Supplier Program Council under the Department of |
| 10 | Community Affairs; requiring the council to make |
| 11 | recommendations for a voluntary local program to be |
| 12 | established as the Florida Disaster Supplier Program; |
| 13 | providing membership and organization of the council; |
| 14 | providing duties and responsibilities of the council; |
| 15 | authorizing the council to recommend the assessment of an |
| 16 | annual program membership fee; providing for certification |
| 17 | of program participants; providing requirements with |
| 18 | respect to collection and use of program membership fees; |
| 19 | requiring the council to submit a report; providing for |
| 20 | termination of the council; providing intended purposes of |
| 21 | the program; providing that participation in the program |
| 22 | shall be at the option of each county; providing for |
| 23 | administration of the program by participating counties; |
| 24 | creating s. 526.143, F.S.; providing that each motor fuel |
| 25 | terminal facility and wholesaler that sells motor fuel in |
| 26 | the state must be capable of operating its distribution |
| 27 | loading racks using an alternate power source for a |
| 28 | specified period by a certain date; providing requirements |
| 29 | with respect to the operation of such equipment following |
| 30 | a major disaster; providing requirements with respect to |
| 31 | inspection of such equipment; requiring newly constructed |
| 32 | or substantially renovated motor fuel retail outlets to be |
| 33 | capable of operation using an alternate power source; |
| 34 | defining "substantially renovated"; providing inspection |
| 35 | requirements; requiring certain motor fuel retail outlets |
| 36 | located within a specified distance from an interstate |
| 37 | highway or state or federally designated evacuation route |
| 38 | to be capable of operation using an alternate power source |
| 39 | by a specified date; providing inspection and |
| 40 | recordkeeping requirements; providing applicability; |
| 41 | providing severability; creating s. 526.144, F.S.; |
| 42 | creating the Florida Disaster Motor Fuel Supplier Program |
| 43 | within the Department of Community Affairs; providing |
| 44 | purpose of the program; providing requirements for |
| 45 | participation in the program; providing that participation |
| 46 | in the program shall be at the option of each county; |
| 47 | providing for administration of the program; providing |
| 48 | requirements of businesses certified as State Emergency |
| 49 | Response Team members; providing for preemption to the |
| 50 | state of the regulation of and requirements for siting and |
| 51 | placement of an alternate power source and any related |
| 52 | equipment at motor fuel terminal facilities, wholesalers, |
| 53 | and retail sales outlets; providing for review of the |
| 54 | program; providing a report; amending s. 553.509, F.S., |
| 55 | relating to requirements with respect to vertical |
| 56 | accessibility under pt. II of ch. 553, F.S., the "Florida |
| 57 | Americans With Disabilities Accessibility Implementation |
| 58 | Act"; requiring specified existing and newly constructed |
| 59 | residential multifamily dwellings to have at least one |
| 60 | public elevator that is capable of operating on an |
| 61 | alternate power source for emergency purposes; providing |
| 62 | requirements with respect to the alternate power source; |
| 63 | providing for verification of compliance by specified |
| 64 | dates; providing requirements with respect to emergency |
| 65 | operations plans and inspection records; requiring any |
| 66 | person, firm, or corporation that owns or operates |
| 67 | specified multistory affordable residential dwellings to |
| 68 | attempt to obtain grant funding to comply with the act; |
| 69 | requiring an owner or operator of such a dwelling to |
| 70 | develop an evacuation plan in the absence of compliance |
| 71 | with the act; providing additional inspection requirements |
| 72 | under ch. 399, F.S., the "Elevator Safety Act"; amending |
| 73 | s. 252.35, F.S.; expanding the duty of the Division of |
| 74 | Emergency Management to conduct a public educational |
| 75 | campaign on emergency preparedness issues; providing an |
| 76 | additional duty of the division with respect to |
| 77 | educational outreach concerning disaster preparedness; |
| 78 | providing legislative findings with respect to minimum |
| 79 | criteria for county emergency operations centers; |
| 80 | specifying criteria for county emergency operations |
| 81 | centers; providing priority and restrictions for funding; |
| 82 | providing an appropriation to the Department of Community |
| 83 | Affairs to establish a competitive award process; |
| 84 | providing legislative findings with respect to improved |
| 85 | logistical staging and warehouse capacity for commodities; |
| 86 | providing uses of appropriated funds; providing an |
| 87 | appropriation to the Department of Community Affairs for |
| 88 | logistical improvements and technology; providing |
| 89 | legislative findings with respect to hurricane evacuation |
| 90 | recommendations; providing for use of appropriated funds; |
| 91 | providing an appropriation to the Department of Community |
| 92 | Affairs to update regional hurricane evacuation plans; |
| 93 | providing an appropriation to the Department of Community |
| 94 | Affairs for the Florida Disaster Supplier Program Council; |
| 95 | providing an appropriation to the Department of Community |
| 96 | Affairs for the Division of Emergency Management's public |
| 97 | awareness campaign; providing an effective date. |
| 98 |
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| 99 | Be It Enacted by the Legislature of the State of Florida: |
| 100 |
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| 101 | Section 1. Section 252.63, Florida Statutes, is created to |
| 102 | read: |
| 103 | 252.63 Florida Disaster Supplier Program Council; Florida |
| 104 | Disaster Supplier Program.-- |
| 105 | (1) FLORIDA DISASTER SUPPLIER PROGRAM COUNCIL.-- |
| 106 | (a) The Florida Disaster Supplier Program Council is |
| 107 | created under the Department of Community Affairs. The council |
| 108 | shall make recommendations for a voluntary local program to be |
| 109 | established as the Florida Disaster Supplier Program. The |
| 110 | council shall make recommendations for the effective and |
| 111 | efficient administration of the Florida Disaster Supplier |
| 112 | Program. |
| 113 | (b)1. The council shall consist of seven members, |
| 114 | comprised of the county emergency management directors from each |
| 115 | of the seven emergency response regions of the Division of |
| 116 | Emergency Management as designated by the Florida Emergency |
| 117 | Preparedness Association. |
| 118 | 2. The members of the council shall elect a chair and a |
| 119 | vice chair from among their membership. The chair shall preside |
| 120 | at all meetings of the council. |
| 121 | 3. The council shall meet at the call of the chair or at |
| 122 | the request of a majority of its membership. |
| 123 | 4. Members shall serve for the duration of the existence |
| 124 | of the council. A vacancy on the council shall be filled by the |
| 125 | chair according to the original membership stipulations until |
| 126 | the council is terminated. |
| 127 | 5. Members of the council shall serve without |
| 128 | compensation, but shall be entitled to per diem and travel |
| 129 | expenses as provided in s. 112.061 while engaged in the |
| 130 | performance of their official duties. |
| 131 | (c) Duties and responsibilities of the council shall |
| 132 | include, but not be limited to, recommending to the division: |
| 133 | 1. State disaster preparedness criteria necessary for |
| 134 | implementation of the Florida Disaster Supplier Program. |
| 135 | 2. The most effective means of providing access to |
| 136 | businesses participating in the program in order to facilitate |
| 137 | the operation, supply, and staffing of such businesses, as |
| 138 | feasible, under emergency conditions. |
| 139 | 3. A statewide system of certification for disaster |
| 140 | suppliers in the following categories: |
| 141 | a. Pharmaceutical. |
| 142 | b. Food and water. |
| 143 | c. Building supplies. |
| 144 | d. Ice. |
| 145 | e. Other categories as deemed necessary by the council. |
| 146 | 4. If deemed necessary by the council, the assessment of |
| 147 | an annual program membership fee for businesses voluntarily |
| 148 | seeking to obtain certification as a state disaster supplier |
| 149 | under the established program guidelines. The determination of |
| 150 | the necessity of assessing an annual program membership fee |
| 151 | shall include county surveys and input from business, industry, |
| 152 | and state agencies. Any recommendation with respect to the |
| 153 | assessment of program fees shall be contained in the report |
| 154 | required under subsection (5). |
| 155 | 5. A State Emergency Response Team logo that bears the |
| 156 | name of the State of Florida and the type of supplies being |
| 157 | provided by the supplier for display by businesses participating |
| 158 | in the program. |
| 159 | (2) FLORIDA DISASTER SUPPLIER PROGRAM.-- |
| 160 | (a) The Florida Disaster Supplier Program Council shall |
| 161 | make recommendations for a voluntary local program to be |
| 162 | established as the Florida Disaster Supplier Program. The |
| 163 | intended purposes of the program are: |
| 164 | 1. To provide statewide oversight of the availability and |
| 165 | provision of necessary supplies prior to, during, and following |
| 166 | a state of emergency or natural or manmade disaster or |
| 167 | catastrophe. |
| 168 | 2. To assist in the rapid recovery of an area affected by |
| 169 | a natural or manmade disaster or catastrophe and to immediately |
| 170 | stimulate the postdisaster recovery of local economies. |
| 171 | 3. To provide the public with alternative access to |
| 172 | certain commodities as recommended by the Florida Disaster |
| 173 | Supplier Program Council. |
| 174 | (b) Participation in the Florida Disaster Supplier Program |
| 175 | shall be at the option of each county governing body. Each |
| 176 | county choosing to participate in the program shall be |
| 177 | responsible for administering the program within that county. |
| 178 | Guidelines and administration standards for participating |
| 179 | counties shall be recommended by the Florida Disaster Supplier |
| 180 | Program Council. |
| 181 | (c) The Florida Disaster Supplier Program shall allow |
| 182 | businesses in counties that choose not to participate in the |
| 183 | program to voluntarily participate in the program and provide |
| 184 | for the sale of emergency-use supplies and services before, |
| 185 | during, and following an emergency or natural or manmade |
| 186 | disaster or catastrophe under the conditions set forth in this |
| 187 | section. |
| 188 | (d) The Florida Disaster Supplier Program shall be |
| 189 | designed to in no way interfere with normal and ongoing commerce |
| 190 | occurring in any political subdivision of the state. |
| 191 | (3) PROGRAM CERTIFICATION.--Upon the recommendation of the |
| 192 | council, certification of a business requesting to participate |
| 193 | in the program shall be conducted through county emergency |
| 194 | management agencies or designees as prescribed by the county's |
| 195 | elected governing body. Participating counties shall use |
| 196 | certification standards developed by the council. |
| 197 | (4) COLLECTION AND USE OF PROGRAM MEMBERSHIP FEES.--If an |
| 198 | annual program membership fee is assessed as provided in |
| 199 | subparagraph (1)(c)4., the methods for collecting such fee shall |
| 200 | be determined by the council. Program membership fees collected |
| 201 | shall be used in whole or in part to recover the administrative |
| 202 | costs of the program and as may be recommended by the council. |
| 203 | Program membership fees shall be used by the participating |
| 204 | counties and state agencies as may be determined by the |
| 205 | recommendations of the council and as provided by law. |
| 206 | (5) REPORT.--The council shall submit a report on the |
| 207 | development and implementation of the Florida Disaster Supplier |
| 208 | Program to the Governor, the Speaker of the House of |
| 209 | Representatives, and the President of the Senate no later than |
| 210 | February 1, 2007. The report shall include recommendations for |
| 211 | any needed legislation and program fees and an analysis of the |
| 212 | program's effect on the provision of supplies within the state |
| 213 | during a state of emergency or natural or manmade disaster or |
| 214 | catastrophe. |
| 215 | (6) TERMINATION.--The council shall terminate on July 1, |
| 216 | 2008. |
| 217 | Section 2. Section 526.143, Florida Statutes, is created |
| 218 | to read: |
| 219 | 526.143 Alternate means of power generation for motor fuel |
| 220 | dispensing facilities.-- |
| 221 | (1) No later than December 31, 2006, each motor fuel |
| 222 | terminal facility, as defined in s. 526.303(16), and wholesaler, |
| 223 | as defined in s. 526.303(17), that sells motor fuel in this |
| 224 | state must be capable of operating its distribution loading |
| 225 | racks using an alternate power source for a minimum of 72 hours. |
| 226 | Pending a postdisaster examination of the equipment by the |
| 227 | operator to determine any extenuating damage that would render |
| 228 | it inoperable or unsafe to use, the facility must have such |
| 229 | alternate power source available for operation no later than 36 |
| 230 | hours after a major disaster, as defined in s. 252.34. Initial |
| 231 | inspection for proper installation and operation shall be |
| 232 | completed by a local building inspector, and verification of the |
| 233 | inspection must be submitted to the local county emergency |
| 234 | management agency. Inspectors from the Department of Agriculture |
| 235 | and Consumer Services shall perform a periodic visual inspection |
| 236 | of the alternate power source to ensure that the emergency |
| 237 | auxiliary electrical equipment is installed. Each facility shall |
| 238 | perform annual inspections to ensure that the emergency |
| 239 | auxiliary electrical generators are in good working order and |
| 240 | show proof of those inspections in order to be deemed in |
| 241 | compliance with and to participate in the fuel supplier program. |
| 242 | (2) Each newly constructed or substantially renovated |
| 243 | motor fuel retail outlet, as defined in s. 526.303(14), for |
| 244 | which a certificate of occupancy is issued on or after July 1, |
| 245 | 2006, must be prewired with an appropriate transfer switch and |
| 246 | be capable of operating all fuel pumps, dispensing equipment, |
| 247 | life-safety systems, and payment acceptance equipment using an |
| 248 | alternate power source. As used in this subsection, the term |
| 249 | "substantially renovated" means a renovation that results in an |
| 250 | increase of greater than 50 percent in the assessed value of the |
| 251 | motor fuel retail outlet. Local building inspectors shall |
| 252 | include an equipment and operations check for compliance with |
| 253 | this subsection in the normal inspection process before issuing |
| 254 | a certificate of occupancy. A copy of the certificate of |
| 255 | occupancy shall be provided to the county emergency management |
| 256 | agency upon issuance of such certificate. Each facility shall |
| 257 | perform periodic inspections to ensure that the installed |
| 258 | transfer switch and emergency auxiliary electrical generators |
| 259 | are in good working order and provide proof of those inspections |
| 260 | to the county emergency management agency in order to be in |
| 261 | compliance with and to participate in the Florida Disaster Motor |
| 262 | Fuel Supplier Program under s. 526.144. |
| 263 | (3)(a) No later than December 31, 2006, each motor fuel |
| 264 | retail outlet described in subparagraph 1., subparagraph 2., or |
| 265 | subparagraph 3. that is located within 1/2 mile of an interstate |
| 266 | highway or state or federally designated evacuation route must |
| 267 | be prewired with an appropriate transfer switch and be capable |
| 268 | of operating all fuel pumps, dispensing equipment, life-safety |
| 269 | systems, and payment-acceptance equipment using an alternate |
| 270 | power source: |
| 271 | 1. A motor fuel retail outlet located in a county having a |
| 272 | population of 300,000 or more which has 16 or more fueling |
| 273 | positions. |
| 274 | 2. A motor fuel retail outlet located in a county having a |
| 275 | population of 100,000 or more, but fewer than 300,000, which has |
| 276 | 12 or more fueling positions. |
| 277 | 3. A motor fuel retail outlet located in a county having a |
| 278 | population of fewer than 100,000 which has eight or more fueling |
| 279 | positions. |
| 280 | (b) Installation of the wiring and transfer switch shall |
| 281 | be performed by a certified electrical contractor. Each retail |
| 282 | outlet subject to this subsection must keep a copy of the |
| 283 | documentation of such installation on site or at its corporate |
| 284 | headquarters. In addition, each retail outlet must keep a |
| 285 | written record that confirms the periodic testing and ensured |
| 286 | operational capacity of the equipment. The required documents |
| 287 | must be made available upon request to the Division of Emergency |
| 288 | Management and the county emergency management agency. |
| 289 | (4)(a) Subsections (2) and (3) apply to any self-service, |
| 290 | full-service, or combination self-service and full-service motor |
| 291 | fuel outlet regardless of whether the business is located on the |
| 292 | grounds of, or is owned by, another retail business |
| 293 | establishment that does not engage in the business of selling |
| 294 | motor fuel. |
| 295 | (b) Subsections (2) and (3) do not apply to: |
| 296 | 1. An automobile dealer; |
| 297 | 2. A person who operates a fleet of motor vehicles; or |
| 298 | 3. A person who sells motor fuel exclusively to a fleet of |
| 299 | motor vehicles. |
| 300 | (5) If any provision of this section or its application to |
| 301 | any person or circumstance is held invalid, the invalidity does |
| 302 | not affect other provisions or applications of the section which |
| 303 | can be given effect without the invalid provision or |
| 304 | application, and to this end the provisions of this section are |
| 305 | declared severable. |
| 306 | Section 3. Section 526.144, Florida Statutes, is created |
| 307 | to read: |
| 308 | 526.144 Florida Disaster Motor Fuel Supplier Program.-- |
| 309 | (1)(a) There is created the Florida Disaster Motor Fuel |
| 310 | Supplier Program within the Department of Community Affairs. The |
| 311 | Florida Disaster Motor Fuel Supplier Program shall allow any |
| 312 | retail motor fuel outlet doing business in the state to |
| 313 | participate in a network of emergency responders to provide fuel |
| 314 | supplies and services to government agencies, medical |
| 315 | institutions and facilities, critical infrastructure, and other |
| 316 | responders, as well as the general public, before, during, and |
| 317 | after a declared disaster as described in s. 252.36(2). |
| 318 | (b) Participation in the Florida Disaster Motor Fuel |
| 319 | Supplier Program shall be at the option of each county governing |
| 320 | body. In counties choosing to participate in the program, the |
| 321 | local county emergency management agency shall be primarily |
| 322 | responsible for administering the program within that county. In |
| 323 | counties that do not choose to participate in the program, the |
| 324 | Division of Emergency Management shall have the authority to |
| 325 | certify businesses as members of the State Emergency Response |
| 326 | Team and issue appropriate signage. Guidelines and |
| 327 | administration standards for participating counties shall be |
| 328 | recommended by the Division of Emergency Management and the |
| 329 | county emergency management agency. |
| 330 | (c) Participation in the program shall require |
| 331 | certification by the Division of Emergency Management or the |
| 332 | county emergency management agency of a retail motor fuel |
| 333 | outlet's preparedness to provide emergency services. |
| 334 | Requirements for certification shall be established by the |
| 335 | Division of Emergency Management or the county emergency |
| 336 | management agency no later than July 1, 2007. Businesses that |
| 337 | are certified shall be issued a State Emergency Response Team |
| 338 | logo for public display to alert emergency responders and the |
| 339 | public that the business is capable of assisting in an |
| 340 | emergency. |
| 341 | (2) At a minimum, businesses that are certified as State |
| 342 | Emergency Response Team members must have the onsite capability |
| 343 | to provide fuel dispensing services to other State Emergency |
| 344 | Response Team members within 36 hours after a major disaster has |
| 345 | occurred, or demonstrate the ability to have such service |
| 346 | available, and agree to make such service available as needed. |
| 347 | Businesses may choose to sell motor fuel through a preexisting |
| 348 | contract with local, state, and federal response agencies or may |
| 349 | provide point-of-sale service to such agencies. In addition, |
| 350 | businesses may choose to sell motor fuel to the general public |
| 351 | or may be directed by county or state emergency management |
| 352 | officials to provide such service pursuant to ss. 252.35 and |
| 353 | 252.38. If requested, appropriate law enforcement security may |
| 354 | be provided to the participating business for the purpose of |
| 355 | maintaining civil order during operating hours. |
| 356 | (3) Persons who are designated as State Emergency Response |
| 357 | Team members and who can produce appropriate identification, as |
| 358 | determined by state or county emergency management officials, |
| 359 | shall be given priority for the purchase of motor fuel at |
| 360 | businesses designated as State Emergency Response Team members. |
| 361 | Businesses may be directed by county or state emergency |
| 362 | management officials to remain open for specified periods during |
| 363 | a declared curfew to provide service for emergency management |
| 364 | personnel. Under such direction, a business shall not be in |
| 365 | violation of the curfew and shall not be penalized for such |
| 366 | operation, nor shall emergency management personnel be in |
| 367 | violation of such curfew. Persons traveling during periods of a |
| 368 | declared curfew shall be required to produce valid official |
| 369 | documentation of their position as a State Emergency Response |
| 370 | Team member or local emergency response agency staff member or |
| 371 | official. Such documentation may include, but is not limited to, |
| 372 | a current State Emergency Response Team identification badge, |
| 373 | current law enforcement agency identification or shield or the |
| 374 | identification or shield of another emergency response agency, |
| 375 | current health care employee identification card, or current |
| 376 | government services identification card indicating a critical |
| 377 | services position, as applicable. |
| 378 | (4) A retail motor fuel outlet that is designated as State |
| 379 | Emergency Response Team member may request priority |
| 380 | consideration with respect to the resupply of motor fuel in |
| 381 | order to continue to provide fuel and necessary services to |
| 382 | emergency responders. Such request is not binding but shall be |
| 383 | considered by emergency management agencies in determining |
| 384 | appropriate disaster response protocol. |
| 385 | (5) Notwithstanding any other law or local ordinance, to |
| 386 | ensure an appropriate emergency management response to major |
| 387 | disasters in the state, the regulation of and requirements for |
| 388 | the siting and placement of an alternate power source and any |
| 389 | related equipment at motor fuel terminal facilities, |
| 390 | wholesalers, and retail sales outlets shall be exclusively |
| 391 | controlled by the state. |
| 392 | (6) The Florida Energy Office of the Department of |
| 393 | Environmental Protection shall review progress in postdisaster |
| 394 | motor fuel supply distribution and provide a report to the |
| 395 | Speaker of the House of Representatives and the President of the |
| 396 | Senate by March 1, 2007. The report shall include information on |
| 397 | statewide compliance with s. 526.143 and identification of all |
| 398 | retail motor fuel outlets that are participating in the Florida |
| 399 | Disaster Motor Fuel Supplier Program. |
| 400 | Section 4. Section 553.509, Florida Statutes, is amended |
| 401 | to read: |
| 402 | 553.509 Vertical accessibility.--Nothing in sections |
| 403 | 553.501-553.513 or the guidelines shall be construed to relieve |
| 404 | the owner of any building, structure, or facility governed by |
| 405 | those sections from the duty to provide vertical accessibility |
| 406 | to all levels above and below the occupiable grade level, |
| 407 | regardless of whether the guidelines require an elevator to be |
| 408 | installed in such building, structure, or facility, except for |
| 409 | the areas, rooms, and spaces described in subsections (1), (2), |
| 410 | and (3): |
| 411 | (1) Elevator pits, elevator penthouses, mechanical rooms, |
| 412 | piping or equipment catwalks, and automobile lubrication and |
| 413 | maintenance pits and platforms.; |
| 414 | (2) Unoccupiable spaces, such as rooms, enclosed spaces, |
| 415 | and storage spaces that are not designed for human occupancy, |
| 416 | for public accommodations, or for work areas.; and |
| 417 | (3) Occupiable spaces and rooms that are not open to the |
| 418 | public and that house no more than five persons, including, but |
| 419 | not limited to, equipment control rooms and projection booths. |
| 420 | (4)(a) Any person, firm, or corporation that owns or |
| 421 | operates a residential multifamily dwelling, including a |
| 422 | condominium, that is at least 75 feet high and contains a public |
| 423 | elevator, as described in s. 399.035(2) and (3) and rules |
| 424 | adopted by the Florida Building Commission, shall have at least |
| 425 | one public elevator that is capable of operating on an alternate |
| 426 | power source for emergency purposes. Alternate power shall be |
| 427 | available for the purpose of allowing all residents access for a |
| 428 | specified number of hours each day over a 5-day period following |
| 429 | a natural disaster, manmade disaster, emergency, or other civil |
| 430 | disturbance that disrupts the normal supply of electricity. The |
| 431 | alternate power source that controls elevator operations must |
| 432 | also be capable of powering any connected fire alarm system in |
| 433 | the building. |
| 434 | (b) At a minimum, the elevator must be appropriately |
| 435 | prewired and prepared to accept an alternate power source and |
| 436 | must have a connection on the line side of the main disconnect, |
| 437 | pursuant to National Electric Code Handbook, Article 700. In |
| 438 | addition to the required power source for the elevator and |
| 439 | connected fire alarm system in the building, the alternate power |
| 440 | supply must be sufficient to provide emergency lighting to the |
| 441 | lobbies, hallways, and other portions of the building used by |
| 442 | the public. Residential multifamily dwellings must have an |
| 443 | available generator and fuel source on the property or have |
| 444 | proof of a current guaranteed service contract for such |
| 445 | equipment and fuel source to operate the elevator on an on-call |
| 446 | basis within 24 hours after a request. By December 31, 2006, |
| 447 | local building inspectors must provide to the county emergency |
| 448 | management agency verification of engineering plans for |
| 449 | residential multifamily dwellings that provide for the |
| 450 | capability to generate power by alternate means. Compliance with |
| 451 | installation requirements and operational capability |
| 452 | requirements must be verified by local building inspectors and |
| 453 | reported to the county emergency management agency by December |
| 454 | 31, 2007. |
| 455 | (c) Each newly constructed residential multifamily |
| 456 | dwelling, including a condominium, that is at least 75 feet high |
| 457 | and contains a public elevator, as described in s. 399.035(2) |
| 458 | and (3) and rules adopted by the Florida Building Commission, |
| 459 | must have at least one public elevator that is capable of |
| 460 | operating on an alternate power source for the purpose of |
| 461 | allowing all residents access for a specified number of hours |
| 462 | each day over a 5-day period following a natural disaster, |
| 463 | manmade disaster, emergency, or other civil disturbance that |
| 464 | disrupts the normal supply of electricity. The alternate power |
| 465 | source that controls elevator operations must be capable of |
| 466 | powering any connected fire alarm system in the building. In |
| 467 | addition to the required power source for the elevator and |
| 468 | connected fire alarm system, the alternate power supply must be |
| 469 | sufficient to provide emergency lighting to the lobbies, |
| 470 | hallways, and other portions of the building used by the public. |
| 471 | Engineering plans and verification of operational capability |
| 472 | must be provided by the local building inspector to the county |
| 473 | emergency management agency before occupancy of the newly |
| 474 | constructed building. |
| 475 | (d) Each person, firm, or corporation that is required to |
| 476 | maintain an alternate power source under this subsection shall |
| 477 | maintain a written emergency operations plan that details the |
| 478 | sequence of operations before, during, and after a natural or |
| 479 | manmade disaster or other emergency situation. The plan must |
| 480 | include, at a minimum, a life safety plan for evacuation, |
| 481 | maintenance of the electrical and lighting supply, and |
| 482 | provisions for the health, safety, and welfare of the residents. |
| 483 | In addition, the owner or operator of the residential |
| 484 | multifamily dwelling must keep written records of quarterly |
| 485 | inspections of life safety equipment and alternate power |
| 486 | generation equipment, which confirm that such equipment is |
| 487 | properly maintained and in good working condition, and any |
| 488 | contracts for alternate power generation equipment. The written |
| 489 | emergency operations plan and inspection records shall be open |
| 490 | for periodic inspection by local and state government agencies |
| 491 | as deemed necessary. The owner or operator must keep a generator |
| 492 | key in a lockbox posted at or near any installed generator unit. |
| 493 | (e) Multistory affordable residential dwellings for |
| 494 | persons age 62 and older that are financed or insured by the |
| 495 | United States Department of Housing and Urban Development must |
| 496 | make every effort to obtain grant funding from the Federal |
| 497 | Government or the Florida Housing Finance Corporation to comply |
| 498 | with this subsection. If an owner of such a residential dwelling |
| 499 | cannot comply with the requirements of this subsection, the |
| 500 | owner must develop a plan with the local emergency management |
| 501 | agency to ensure that residents are evacuated to a place of |
| 502 | safety in the event of a power outage resulting from a natural |
| 503 | or manmade disaster or other emergency situation that disrupts |
| 504 | the normal supply of electricity for an extended period of time. |
| 505 | A place of safety may include, but is not limited to, relocation |
| 506 | to an alternative site within the building or evacuation to a |
| 507 | local shelter. |
| 508 | (f) As a part of the annual elevator inspection required |
| 509 | under s. 399.061, certified inspectors shall confirm that all |
| 510 | installed generators required by this chapter are in working |
| 511 | order, that the inspection records are current, and that the |
| 512 | required generator key is present in the lockbox posted at or |
| 513 | near the installed generator. If a building does not have an |
| 514 | installed generator, the inspector shall confirm that the |
| 515 | appropriate prewiring and switching capabilities are operational |
| 516 | and that a contract for contingent services for alternate power |
| 517 | is current for the operating period. |
| 518 |
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| 519 | However, buildings, structures, and facilities must, as a |
| 520 | minimum, comply with the requirements in the Americans with |
| 521 | Disabilities Act Accessibility Guidelines. |
| 522 | Section 5. Paragraph (i) of subsection (2) of section |
| 523 | 252.35, Florida Statutes, is amended, paragraphs (j) through (v) |
| 524 | are renumbered as paragraphs (k) through (w), respectively, and |
| 525 | a new paragraph (j) is added to that subsection, to read: |
| 526 | 252.35 Emergency management powers; Division of Emergency |
| 527 | Management.-- |
| 528 | (2) The division is responsible for carrying out the |
| 529 | provisions of ss. 252.31-252.90. In performing its duties under |
| 530 | ss. 252.31-252.90, the division shall: |
| 531 | (i) Institute statewide public awareness programs. This |
| 532 | shall include an intensive public educational campaign on |
| 533 | emergency preparedness issues, including, but not limited to, |
| 534 | the personal responsibility of individual citizens to be self- |
| 535 | sufficient for up to 72 hours following a natural or manmade |
| 536 | disaster. The public educational campaign shall include relevant |
| 537 | information on statewide disaster plans, evacuation routes, fuel |
| 538 | suppliers, and shelters. All educational materials must be |
| 539 | available in alternative formats and mediums to ensure that they |
| 540 | are available to persons with disabilities. |
| 541 | (j) The Division of Emergency Management and the |
| 542 | Department of Education shall coordinate with the Agency For |
| 543 | Persons with Disabilities to provide an educational outreach |
| 544 | program on disaster preparedness and readiness to individuals |
| 545 | who have limited English skills and identify persons who are in |
| 546 | need of assistance but are not defined under special-needs |
| 547 | criteria. |
| 548 | Section 6. The Legislature finds that county emergency |
| 549 | operations centers should meet the minimum criteria for |
| 550 | structural survivability and sufficiency of operational space, |
| 551 | as determined by assessments performed by the Department of |
| 552 | Community Affairs based on guidance from the Federal Emergency |
| 553 | Management Agency. Criteria for a county emergency operations |
| 554 | center include, but are not limited to, county population, |
| 555 | hurricane evacuation clearance time for the vulnerable |
| 556 | population of the county, structural survivability of the |
| 557 | existing emergency operations center, and Federal Emergency |
| 558 | Management Agency guidance for workspace requirements for the |
| 559 | emergency operations center. First priority for funding shall be |
| 560 | for county emergency operations centers where no survivable |
| 561 | facility exists and where workspace deficits exist. Funding may |
| 562 | not be used for land acquisition or recurring expenditures. |
| 563 | Funding is limited to the construction or structural renovation |
| 564 | of the county emergency operations center in order to meet |
| 565 | national workspace recommendations and may not be used to |
| 566 | purchase equipment, furnishings, communications, or operational |
| 567 | systems. There is hereby appropriated $20 million from |
| 568 | nonrecurring general revenue and $8.6 million from the U.S. |
| 569 | Contributions Trust Fund to the Department of Community Affairs |
| 570 | in fixed capital outlay to establish a competitive award process |
| 571 | to implement this section. No more than 5 percent of the funds |
| 572 | provided under this section may be used by the department for |
| 573 | administration. |
| 574 | Section 7. The Legislature finds that improved logistical |
| 575 | staging and warehouse capacity for commodities will help ensure |
| 576 | that adequate supplies, equipment, and commodities are available |
| 577 | and accessible to respond to disasters. Appropriated funds may |
| 578 | be used for increasing storage capacity; improving technologies |
| 579 | to manage commodities; and enhancing the ability to maintain in |
| 580 | a safe and secure manner an inventory of supplies, equipment, |
| 581 | and commodities that would be needed in the immediate aftermath |
| 582 | of a disaster. There is hereby appropriated $400,000 from |
| 583 | nonrecurring general revenue, $1.6 million from recurring funds |
| 584 | within the Emergency Management, Preparedness, and Assistance |
| 585 | Trust Fund, and $4.5 million from nonrecurring funds within the |
| 586 | Emergency Management, Preparedness, and Assistance Trust Fund to |
| 587 | the Department of Community Affairs for logistical improvements |
| 588 | and technology. |
| 589 | Section 8. The Legislature finds that there is a |
| 590 | compelling need to have current evacuation decisionmaking tools |
| 591 | and plans based on the latest technology available to serve as |
| 592 | the scientific basis for hurricane evacuation recommendations. |
| 593 | Appropriated funds may be used to update hurricane evacuation |
| 594 | plans using Light Detecting and Ranging technology and the |
| 595 | National Hurricane Center's computerized Sea, Lake and Overland |
| 596 | Surges for Hurricanes model. There is hereby appropriated $29 |
| 597 | million from the U.S. Contributions Trust Fund to the Department |
| 598 | of Community Affairs to update regional hurricane evacuation |
| 599 | plans using Light Detecting and Ranging technology and the |
| 600 | National Hurricane Center's computerized Sea, Lake and Overland |
| 601 | Surges for Hurricanes model. No more than 5 percent of the funds |
| 602 | provided under this section may be used by the department for |
| 603 | administration. |
| 604 | Section 9. There is hereby appropriated $76,150 from |
| 605 | nonrecurring general revenue to the Department of Community |
| 606 | Affairs for the Florida Disaster Supplier Program Council. |
| 607 | Section 10. There is hereby appropriated $3.4 million from |
| 608 | the U.S. Contributions Trust Fund to the Department of Community |
| 609 | Affairs for the Division of Emergency Management's public |
| 610 | awareness campaign. |
| 611 | Section 11. This act shall take effect July 1, 2006. |