HB 7121CS

CHAMBER ACTION



1The State Administration Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
6
A bill to be entitled
7An act relating to disaster preparedness response and
8recovery; providing legislative findings with respect to
9the coordination of emergency response capabilities;
10directing the Division of Emergency Management to conduct
11a feasibility study relating to the supply and
12distribution of essential commodities by nongovernmental
13and private entities; creating s. 526.143, F.S.; providing
14that each motor fuel terminal facility and wholesaler that
15sells motor fuel in the state must be capable of operating
16its distribution loading racks using an alternate
17generated power source for a specified period by a certain
18date; providing requirements with respect to the operation
19of such equipment following a major disaster; providing
20requirements with respect to the installation of specified
21components; requiring specified documentation; requiring
22newly constructed or substantially renovated motor fuel
23retail outlets to be capable of operation using an
24alternate generated power source; defining "substantially
25renovated"; providing requirements with respect to
26required documentation; requiring certain motor fuel
27retail outlets located within a specified distance from an
28interstate highway or state or federally designated
29evacuation route to be capable of operation using an
30alternate generated power source by a specified date;
31providing requirements with respect to the installation of
32specified components; requiring specified documentation;
33providing applicability; providing requirements with
34respect to the provision of portable generators by
35corporations or other entities owning a specified number
36of motor fuel retail outlets within a single county;
37requiring certain corporations or other entities owning a
38specified number of motor fuel retail outlets within a
39single domestic security region to maintain a document of
40agreement with respect to the use of portable generators;
41creating s. 526.144, F.S.; creating the Florida Disaster
42Motor Fuel Supplier Program within the Department of
43Community Affairs; providing that participation in the
44program shall be at the option of each county; providing
45for administration of the program; providing purpose of
46the program; providing requirements for and authority of
47retail motor fuel outlets doing business in participating
48counties that choose to become members of the program;
49providing a restriction on nonparticipating motor fuel
50retail outlets; authorizing counties that choose to
51participate in the program to charge a fee to cover
52specified costs; providing for deposit of such fees;
53providing procedures and requirements with respect to
54operation under the program; providing for preemption to
55the state of specified powers, responsibilities, and
56functions at motor fuel terminal facilities, motor fuel
57wholesalers, motor fuel retail sales outlets; providing
58for review of the program; providing a report; amending s.
59501.160, F.S.; providing that the prohibition against the
60rental or sale of essential commodities during a declared
61state of emergency at unconscionable prices shall remain
62in effect for a specified period of time; providing for  
63renewal thereof; amending s. 553.509, F.S., relating to
64requirements with respect to vertical accessibility under
65pt. II of ch. 553, F.S., the "Florida Americans With
66Disabilities Accessibility Implementation Act"; requiring
67specified existing and newly constructed residential
68multifamily dwellings to have at least one public elevator
69that is capable of operating on an alternate power source
70for emergency purposes; providing requirements with
71respect to the alternate power source; providing for
72verification of compliance by specified dates; providing
73requirements with respect to emergency operations plans
74and inspection records; providing requirements with
75respect to compliance with the act for specified
76multistory affordable residential dwellings; requiring the
77development of an evacuation plan for such a dwelling in
78the absence of compliance with the act; providing
79additional inspection requirements under ch. 399, F.S.,
80the "Elevator Safety Act"; amending s. 252.35, F.S.;
81expanding the duty of the Division of Emergency Management
82to conduct a public educational campaign on emergency
83preparedness issues; providing an additional duty of the
84division with respect to educational outreach concerning
85disaster preparedness; requiring the Division of Emergency
86Management to complete and maintain specified inventories
87of emergency generators; providing legislative findings
88with respect to minimum criteria for county emergency
89operations centers; specifying criteria for county
90emergency operations centers; providing priority and
91restrictions for funding; providing an appropriation to
92the Department of Community Affairs to establish a
93competitive award process; providing an appropriation to
94the Department of Community Affairs for logistical
95improvements and technology; providing uses of
96appropriated funds; providing an appropriation to the
97Department of Community Affairs to update regional
98hurricane evacuation plans; providing for use of
99appropriated funds; providing an appropriation to the
100Department of Community Affairs to conduct a feasibility
101study; providing an appropriation to the Department of
102Community Affairs for the Division of Emergency
103Management's public awareness campaign; providing
104severability; providing an effective date.
105
106Be It Enacted by the Legislature of the State of Florida:
107
108     Section 1.  The Legislature finds that there is a
109compelling need to better coordinate emergency response
110capabilities between local, state, federal, nongovernmental, and
111private-sector partners to provide the best and most effective
112postdisaster services to the people of the State of Florida. In
113order to encourage the rapid recovery of economies in areas
114affected by a disaster, the Legislature finds that programs to
115restore normal commerce in communities should be a part of the
116state comprehensive emergency management plan. The Legislature
117recognizes nongovernmental agencies and the private sector as
118key partners in disaster preparedness, response, and recovery.
119Further, the Legislature recognizes the demonstrated abilities
120and contributions of these entities in successfully providing
121logistical support and commodities through well-proven
122distribution systems. In order to enhance the state
123comprehensive emergency management plan, the Division of
124Emergency Management within the Department of Community Affairs
125is hereby directed to conduct a feasibility study on
126incorporating into the state's comprehensive emergency
127management plan the logistical supply and distribution of
128essential commodities by nongovernmental agencies and private
129entities. In conducting the study, the division shall consult
130with the Florida Retail Federation, the Florida Petroleum
131Council, the Florida Petroleum Marketers and Convenience Store
132Association, the Florida Emergency Preparedness Association, the
133American Red Cross, Volunteer Florida, and other entities, as
134appropriate. No later than February 1, 2007, the division shall
135make recommendations based on the study to the Governor, the
136Speaker of the House of Representatives, and the President of
137the Senate.
138     Section 2.  Section 526.143, Florida Statutes, is created
139to read:
140     526.143  Alternate generated power capacity for motor fuel
141dispensing facilities.--
142     (1)  By June 1, 2007, each motor fuel terminal facility, as
143defined in s. 526.303(16), and each wholesaler, as defined in s.
144526.303(17), which sells motor fuel in this state must be
145capable of operating its distribution loading racks using an
146alternate generated power source for a minimum of 72 hours.
147Pending a postdisaster examination of the equipment by the
148operator to determine any extenuating damage that would render
149it unsafe to use, the facility must have such alternate
150generated power source available for operation no later than 36
151hours after a major disaster as defined in s. 252.34.
152Installation of appropriate wiring, including a transfer switch,
153shall be performed by a certified electrical contractor. Each
154business that is subject to this subsection must keep a copy of
155the documentation of such installation on site or at its
156corporate headquarters. In addition, each business must keep a
157written statement attesting to the periodic testing and ensured
158operational capacity of the equipment. The required documents
159must be made available, upon request, to the Division of
160Emergency Management and the director of the county emergency
161management agency.
162     (2)  Each newly constructed or substantially renovated
163motor fuel retail outlet, as defined in s. 526.303(14), for
164which a certificate of occupancy is issued on or after July 1,
1652006, shall be prewired with an appropriate transfer switch, and
166capable of operating all fuel pumps, dispensing equipment, life-
167safety systems, and payment acceptance equipment using an
168alternate generated power source. As used in this subsection,
169the term "substantially renovated" means a renovation that
170results in an increase of greater than 50 percent in the
171assessed value of the motor fuel retail outlet. Local building
172inspectors shall include this equipment and operations check in
173the normal inspection process before issuing a certificate of
174occupancy. Each retail outlet that is subject to this subsection
175must keep a copy of the certificate of occupancy on site or at
176its corporate headquarters. In addition, each retail outlet must
177keep a written statement attesting to the periodic testing of
178and ensured operational capability of the equipment. The
179required documents must be made available, upon request, to the
180Division of Emergency Management and the director of the county
181emergency management agency.
182     (3)(a)  No later than June 1, 2007, each motor fuel retail
183outlet described in subparagraph 1., subparagraph 2., or
184subparagraph 3., which is located within one-half mile proximate
185to an interstate highway or state or federally designated
186evacuation route must be prewired with an appropriate transfer
187switch and be capable of operating all fuel pumps, dispensing
188equipment, life safety systems, and payment acceptance equipment
189using an alternate generated power source:
190     1.  A motor fuel retail outlet located in a county having a
191population of 300,000 or more which has 16 or more fueling
192positions.
193     2.  A motor fuel retail outlet located in a county having a
194population of 100,000 or more, but fewer than 300,000, which has
19512 or more fueling positions.
196     3.  A motor fuel retail outlet located in a county having a
197population of fewer than 100,000 which has eight or more fueling
198positions.
199     (b)  Installation of appropriate wiring and transfer
200switches must be performed by a certified electrical contractor.
201Each retail outlet that is subject to this subsection must keep
202a copy of the documentation of such installation on site or at
203its corporate headquarters. In addition, each retail outlet must
204keep a written statement attesting to the periodic testing of
205and ensured operational capacity of the equipment. The required
206documents must be made available, upon request, to the Division
207of Emergency Management and the director of the county emergency
208management agency.
209     (4)(a)  Subsections (2) and (3) apply to any self-service,
210full-service, or combination self-service and full-service motor
211fuel retail outlet regardless of whether the retail outlet is
212located on the grounds of, or is owned by, another retail
213business establishment that does not engage in the business of
214selling motor fuel.
215     (b)  Subsections (2) and (3) do not apply to:
216     1.  An automobile dealer;
217     2.  A person who operates a fleet of motor vehicles;
218     3.  A person who sells motor fuel exclusively to a fleet of
219motor vehicles; or
220     4.  A motor fuel retail outlet that has a written agreement
221with a public hospital, in a form approved by the Division of
222Emergency Management, wherein the public hospital agrees to
223provide the motor fuel retail outlet with an alternative means
224of power generation onsite so that the outlet's fuel pumps may
225be operated in the event of a power outage.
226     (5)(a)  Each corporation or other entity that owns 10 or
227more motor fuel retail outlets located within a single county
228shall maintain at least one portable generator that is capable
229of providing an alternate generated power source as required
230under subsection (2) for every 10 outlets. If a corporation or
231other entity owns more than 10 outlets or a multiple of 10
232outlets plus an additional six outlets within a single county,
233the corporation or entity must provide one additional generator
234to accommodate such additional outlets. Each portable generator
235must be stored within this state, or may be stored in another
236state if located within 250 miles of this state, and must be
237available for use in an affected location within 24 hours after
238a disaster.
239     (b)  Each corporation or other entity that owns 10 or more
240motor fuel retail outlets located within a single domestic
241security region, as determined pursuant to s. 943.0312(1), and
242that does not own additional outlets located outside the
243domestic security region shall maintain a written document of
244agreement with one or more similarly equipped entities for the
245use of portable generators that may be used to meet the
246requirements of paragraph (a) and that are located within this
247state but outside the affected domestic security region. The
248agreement may be reciprocal, may allow for payment for services
249rendered by the providing entity, and must guarantee the
250availability of the portable generators to an affected location
251within 24 hours after a disaster.
252     (c)  For purposes of this section, ownership of a motor
253fuel retail outlet shall be deemed to reside with the owner of
254record of the fuel storage systems operating at the location, as
255identified in the Department of Environmental Protection
256underground storage facilities registry pursuant to s.
257376.303(1).
258     Section 3.  Section 526.144, Florida Statutes, is created
259to read
260     526.144  Florida Disaster Motor Fuel Supplier Program.--
261     (1)(a)  There is created the Florida Disaster Motor Fuel
262Supplier Program within the Department of Community Affairs.
263     (b)  Participation in the program shall be at the option of
264each county governing body. In counties choosing to participate
265in the program, the local emergency management agency shall be
266primarily responsible for administering the program within those
267counties. Nothing in this section shall require participation in
268the program.
269     (c)  In participating counties, the Florida Disaster Motor
270Fuel Supplier Program shall allow any retail motor fuel outlet
271doing business in those counties to participate in a network of
272emergency responders to provide fuel supplies and services to
273government agencies, medical institutions and facilities,
274critical infrastructure, and other responders, as well as the
275general public, during a declared disaster as described in s.
276252.36(2).
277     (d)  Retail motor fuel outlets doing business in
278participating counties that choose to become members of the
279Florida Disaster Motor Fuel Supplier Program must be able to
280demonstrate the capability to provide onsite fuel dispensing
281services to other members of the State Emergency Response Team
282within 24 hours after a major disaster has occurred, and agree
283to make such service available as needed. Local emergency
284management agencies may determine appropriate measures for
285determining such readiness, including acceptance of a written
286attestation from the retail motor fuel outlet, a copy of an
287executed contract for services, or other documents or activities
288that may demonstrate readiness. Participating retail motor fuel
289outlets may choose to sell motor fuel through a preexisting
290contract with local, state, or federal response agencies or may
291provide point-of-sale service to such agencies. In addition,
292participating retail motor fuel outlets may choose to sell motor
293fuel to the general public upon compliance with requirements to
294provide service under ss. 252.35 and 252.38 as directed by
295county or state emergency management officials. Nothing in this
296section shall preclude any retail motor fuel outlet from selling
297fuel during lawful operating hours. Nonparticipating motor fuel
298retail outlets may not operate during declared curfew hours. If
299requested, appropriate law enforcement or security personnel may
300be provided through emergency management protocol to the
301participating business for the purpose of maintaining civil
302order during operating hours.
303     (e)  Motor fuel outlets that choose to participate in the
304Florida Disaster Motor Fuel Supplier Program pursuant to
305paragraph (d) may be issued a State Emergency Response Team logo
306by the participating county emergency management agency for
307public display to alert emergency responders and the public that
308the business is capable of assisting in an emergency.
309     (f)  Counties that choose to participate in the Florida
310Disaster Motor Fuel Supplier Program may charge a fee to cover
311the actual costs of accepting a retail motor fuel outlet into
312the program, including the cost of performing any required
313review, filing of necessary forms, and producing logo decals for
314public display. Additional charges may not be imposed for
315processing individual documents associated with the program.
316Funds collected shall be deposited into an appropriate county
317operating account.
318     (3)  Persons who are designated as members of the State
319Emergency Response Team and who can produce appropriate
320identification, as determined by state or county emergency
321management officials, shall be given priority for purchasing
322fuel at businesses designated as members of the State Emergency
323Response Team. A business may be directed by county or state
324emergency management officials to remain open during a declared
325curfew in order to provide service for emergency personnel.
326Under such direction, the business is not in violation of the
327curfew and may not be penalized for such operation and the
328emergency personnel are not in violation of the curfew. A person
329traveling during a curfew must be able to produce valid official
330documentation of his or her position with the State Emergency
331Response Team or the local emergency management agency. Such
332documentation may include, but need not be limited to, current
333State Emergency Response Team identification badge, current law
334enforcement or other response agency identification or shield,
335current health care employee identification card, or current
336government services identification card indicating a critical
337services position.
338     (4)  A business that is designated as a member of the State
339Emergency Response Team may request priority in receiving a
340resupply of fuel in order to continue service to emergency
341responders. Such request is not binding, but shall be considered
342by emergency management officials in determining appropriate
343response actions.
344     (5)  Notwithstanding any other law or local ordinance and
345for the purpose of ensuring an appropriate emergency management
346response following major disasters in this state, the
347regulation, siting, and placement of alternate power source
348capabilities and equipment, the use of primary or alternate
349personnel, and the submittal of emergency response plans at
350motor fuel terminal facilities, motor fuel wholesalers, motor
351fuel retail sales outlets, and all other retail sales outlets
352are preempted to the state. To that end, all ordinances of every
353county, municipality, or other governing body enacted prior to
354July 1, 2006, shall be unenforceable, and no county,
355municipality, or other governing body shall have the power to
356adopt any ordinance relating to such subjects.
357     (6)  The Florida Energy Office of the Department of
358Environmental Protection shall review situational progress in
359postdisaster motor fuel supply distribution and provide a report
360to the Legislature by March 1, 2007. The report must include
361information concerning statewide compliance with s. 526.143 and
362an identification of all motor fuel retail outlets that are
363participating in the Florida Disaster Motor Fuel Supplier
364Program.
365     Section 4.  Subsection (2) of section 501.160, Florida
366Statutes, is amended to read:
367     501.160  Rental or sale of essential commodities during a
368declared state of emergency; prohibition against unconscionable
369prices.--
370     (2)  Upon a declaration of a state of emergency by the
371Governor, it is unlawful and a violation of s. 501.204 for a
372person or her or his agent or employee to rent or sell or offer
373to rent or sell at an unconscionable price within the area for
374which the state of emergency is declared, any essential
375commodity including, but not limited to, supplies, services,
376provisions, or equipment that is necessary for consumption or
377use as a direct result of the emergency. This prohibition shall
378remain remains in effect for a period not to exceed 60 days
379under the initial declared state of emergency as defined in s.
380252.36(2) and shall be renewed by statement in any subsequent
381renewal of the declared state of emergency by the Governor until
382the declaration expires or is terminated.
383     Section 5.  Section 553.509, Florida Statutes, is amended
384to read:
385     553.509  Vertical accessibility.--Nothing in sections
386553.501-553.513 or the guidelines shall be construed to relieve
387the owner of any building, structure, or facility governed by
388those sections from the duty to provide vertical accessibility
389to all levels above and below the occupiable grade level,
390regardless of whether the guidelines require an elevator to be
391installed in such building, structure, or facility, except for
392the areas, rooms, and spaces described in subsections (1), (2),
393and (3):
394     (1)  Elevator pits, elevator penthouses, mechanical rooms,
395piping or equipment catwalks, and automobile lubrication and
396maintenance pits and platforms.;
397     (2)  Unoccupiable spaces, such as rooms, enclosed spaces,
398and storage spaces that are not designed for human occupancy,
399for public accommodations, or for work areas.; and
400     (3)  Occupiable spaces and rooms that are not open to the
401public and that house no more than five persons, including, but
402not limited to, equipment control rooms and projection booths.
403     (4)(a)  Any person, firm, or corporation that owns,
404manages, or operates a residential multifamily dwelling,
405including a condominium, that is at least 75 feet high and
406contains a public elevator, as described in s. 399.035(2) and
407(3) and rules adopted by the Florida Building Commission, shall
408have at least one public elevator that is capable of operating
409on an alternate power source for emergency purposes. Alternate
410power shall be available for the purpose of allowing all
411residents access for a specified number of hours each day over a
4125-day period following a natural disaster, manmade disaster,
413emergency, or other civil disturbance that disrupts the normal
414supply of electricity. The alternate power source that controls
415elevator operations must also be capable of powering any
416connected fire alarm system in the building.
417     (b)  At a minimum, the elevator must be appropriately
418prewired and prepared to accept an alternate power source and
419must have a connection on the line side of the main disconnect,
420pursuant to National Electric Code Handbook, Article 700. In
421addition to the required power source for the elevator and
422connected fire alarm system in the building, the alternate power
423supply must be sufficient to provide emergency lighting to the
424interior lobbies, hallways, and other portions of the building
425used by the public. Residential multifamily dwellings must have
426an available generator and fuel source on the property or have
427proof of a current contract posted in the elevator machine room
428or other place conspicuous to the elevator inspector affirming a
429current guaranteed service contract for such equipment and fuel
430source to operate the elevator on an on-call basis within 24
431hours after a request. By December 31, 2006, any person, firm or
432corporation that owns, manages or operates a residential
433multifamily dwelling as defined in paragraph (a) must provide to
434the local building inspection agency verification of engineering
435plans for residential multifamily dwellings that provide for the
436capability to generate power by alternate means. Compliance with
437installation requirements and operational capability
438requirements must be verified by local building inspectors and
439reported to the county emergency management agency by December
44031, 2007.
441     (c)  Each newly constructed residential multifamily
442dwelling, including a condominium, that is at least 75 feet high
443and contains a public elevator, as described in s. 399.035(2)
444and (3) and rules adopted by the Florida Building Commission,
445must have at least one public elevator that is capable of
446operating on an alternate power source for the purpose of
447allowing all residents access for a specified number of hours
448each day over a 5-day period following a natural disaster,
449manmade disaster, emergency, or other civil disturbance that
450disrupts the normal supply of electricity. The alternate power
451source that controls elevator operations must be capable of
452powering any connected fire alarm system in the building. In
453addition to the required power source for the elevator and
454connected fire alarm system, the alternate power supply must be
455sufficient to provide emergency lighting to the interior
456lobbies, hallways, and other portions of the building used by
457the public. Engineering plans and verification of operational
458capability must be provided by the local building inspector to
459the county emergency management agency before occupancy of the
460newly constructed building.
461     (d)  Each person, firm, or corporation that is required to
462maintain an alternate power source under this subsection shall
463maintain a written emergency operations plan that details the
464sequence of operations before, during, and after a natural or
465manmade disaster or other emergency situation. The plan must
466include, at a minimum, a life safety plan for evacuation,
467maintenance of the electrical and lighting supply, and
468provisions for the health, safety, and welfare of the residents.
469In addition, the owner, manager, or operator of the residential
470multifamily dwelling must keep written records of any contracts
471for alternative power generation equipment. Also, quarterly
472inspection records of life safety equipment and alternate power
473generation equipment must be posted in the elevator machine room
474or other place conspicuous to the elevator inspector, which
475confirm that such equipment is properly maintained and in good
476working condition, and copies of contracts for alternate power
477generation equipment shall be maintained on site for
478verification. The written emergency operations plan and
479inspection records shall also be open for periodic inspection by
480local and state government agencies as deemed necessary. The
481owner or operator must keep a generator key in a lockbox posted
482at or near any installed generator unit.
483     (e)  Multistory affordable residential dwellings for
484persons age 62 and older that are financed or insured by the
485United States Department of Housing and Urban Development must
486make every effort to obtain grant funding from the Federal
487Government or the Florida Housing Finance Corporation to comply
488with this subsection. If an owner of such a residential dwelling
489cannot comply with the requirements of this subsection, the
490owner must develop a plan with the local emergency management
491agency to ensure that residents are evacuated to a place of
492safety in the event of a power outage resulting from a natural
493or manmade disaster or other emergency situation that disrupts
494the normal supply of electricity for an extended period of time.  
495A place of safety may include, but is not limited to, relocation
496to an alternative site within the building or evacuation to a
497local shelter.
498     (f)  As a part of the annual elevator inspection required
499under s. 399.061, certified elevator inspectors shall confirm
500that all installed generators required by this chapter are in
501working order, have current inspection records posted in the
502elevator machine room or other place conspicuous to the elevator
503inspector, and that the required generator key is present in the
504lockbox posted at or near the installed generator. If a building
505does not have an installed generator, the inspector shall
506confirm that the appropriate prewiring and switching
507capabilities are present and that a statement is posted in the
508elevator machine room or other place conspicuous to the elevator
509inspector affirming that a current guaranteed contract exists
510for contingent services for alternate power and is current for
511the operating period.
512
513However, buildings, structures, and facilities must, as a
514minimum, comply with the requirements in the Americans with
515Disabilities Act Accessibility Guidelines.
516     Section 6.  Paragraph (i) of subsection (2) of section
517252.35, Florida Statutes, is amended, paragraphs (j), (k), (l),
518(m), (n), (o), (p), (q), (r), (s), (t), (u), and (v) of that
519subsection are redesignated as paragraphs (k), (l), (m), (n),
520(o), (p), (q), (r), (u), (v), (w), (x), and (y), respectively,
521and new paragraphs (j), (s), and (t) are added to subsection (2)
522of that section, to read:
523     252.35  Emergency management powers; Division of Emergency
524Management.--
525     (2)  The division is responsible for carrying out the
526provisions of ss. 252.31-252.90. In performing its duties under
527ss. 252.31-252.90, the division shall:
528     (i)  Institute statewide public awareness programs. This
529shall include an intensive public educational campaign on
530emergency preparedness issues, including, but not limited to,
531the personal responsibility of individual citizens to be self-
532sufficient for up to 72 hours following a natural or manmade
533disaster. The public educational campaign shall include relevant
534information on statewide disaster plans, evacuation routes, fuel
535suppliers, and shelters. All educational materials must be
536available in alternative formats and mediums to ensure that they
537are available to persons with disabilities.
538     (j)  The Division of Emergency Management and the
539Department of Education shall coordinate with the Agency For
540Persons with Disabilities to provide an educational outreach
541program on disaster preparedness and readiness to individuals
542who have limited English skills and identify persons who are in
543need of assistance but are not defined under special needs
544criteria.
545     (s)  By January 1, 2007, the Division of Emergency
546Management shall complete an inventory of portable generators
547owned by the state and local governments which are capable of
548operating during a major disaster. The inventory must identify,
549at a minimum, the location of each generator, the number of
550generators stored at each specific location, the agency to which
551each generator belongs, the primary use of the generator by the
552agency that owns the generator, and the names, addresses, and
553telephone numbers of persons having the authority to loan the
554stored generators as authorized by the Division of Emergency
555Management during a declared emergency.
556     (t)  The division shall maintain an inventory list of
557generators owned by the state and local governments. In
558addition, the division may keep a list of private entities which
559offer generators for sale or lease, along with appropriate
560contact information. The list of private entities shall be
561available to the public for inspection in written and electronic
562formats.
563     Section 7.  The Legislature finds that county emergency
564operations centers should meet the minimum criteria for
565structural survivability and sufficiency of operational space,
566as determined by assessments performed by the Department of
567Community Affairs based on guidance from the Federal Emergency
568Management Agency. Criteria for a county emergency operations
569center include, but are not limited to, county population,
570hurricane evacuation clearance time for the vulnerable
571population of the county, structural survivability of the
572existing emergency operations center, and Federal Emergency
573Management Agency guidance for workspace requirements for the
574emergency operations center. First priority for funding shall be
575for county emergency operations centers where no survivable
576facility exists and where workspace deficits exist. Funding may
577not be used for land acquisition or recurring expenditures.
578Funding is limited to the construction or structural renovation
579of the county emergency operations center in order to meet
580national workspace recommendations and may not be used to
581purchase equipment, furnishings, communications, or operational
582systems. There is hereby appropriated $20 million from
583nonrecurring general revenue and $8.6 million from the U.S.
584Contributions Trust Fund to the Department of Community Affairs
585in fixed capital outlay to establish a competitive award process
586to implement this section. No more than 5 percent of the funds
587provided under this section may be used by the Department for
588administration of the funding.
589     Section 8.  Funds appropriated under this section may be
590used for increasing storage capacity; improving technologies to
591manage commodities; and enhancing the ability to maintain in a
592safe and secure manner an inventory of supplies, equipment, and
593commodities that would be needed in the immediate aftermath of a
594disaster. There is hereby appropriated $400,000 from
595nonrecurring general revenue, $1.6 million from recurring funds
596within the Emergency Management, Preparedness, and Assistance
597Trust Fund, and $4.5 million from nonrecurring funds within the
598Emergency Management Preparedness, and Assistance Trust Fund to
599the Department of Community Affairs for logistical improvements
600and technology.
601     Section 9.  Funds appropriated under this section may be
602used to update hurricane evacuation plans using Light Detecting
603and Ranging technology and the National Hurricane Center's
604computerized Sea, Lake and Overland Surges for Hurricanes model.
605There is hereby appropriated $29 million from the U.S.
606Contributions Trust Fund to the Department of Community Affairs
607to update regional hurricane evacuation plans using Light
608Detecting and Ranging Technology and the National Hurricane
609Center's computerized Sea, Lake and Overland Surges for
610Hurricanes model. No more than 5 percent of the funds provided
611under this section may be used by the Department for
612administration of this funding.
613     Section 10.  There is hereby appropriated $76,150 from
614nonrecurring general revenue to the Department of Community
615Affairs for a study on the feasibility of incorporating
616nongovernmental agencies and private entities into the
617logistical supply and distribution system for essential
618commodities.
619     Section 11.  There is hereby appropriated $3.4 million from
620the U.S. Contributions Trust Fund to the Department of Community
621Affairs for the Division of Emergency Management's public
622awareness campaign.
623     Section 12.  If any provision of this act or its
624application to any person or circumstance is held invalid, the
625invalidity does not affect other provisions or applications of
626the act which can be given effect without the invalid provision
627or application, and to this end the provisions of this act are
628severable.
629     Section 13.  This act shall take effect July 1, 2006.


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