| 1 | A bill to be entitled |
| 2 | An act relating to disaster preparedness response and |
| 3 | recovery; providing legislative findings with respect to |
| 4 | the coordination of emergency response capabilities; |
| 5 | directing the Division of Emergency Management to conduct |
| 6 | a feasibility study relating to the supply and |
| 7 | distribution of essential commodities by nongovernmental |
| 8 | and private entities; creating s. 526.143, F.S.; providing |
| 9 | that each motor fuel terminal facility and wholesaler that |
| 10 | sells motor fuel in the state must be capable of operating |
| 11 | its distribution loading racks using an alternate |
| 12 | generated power source for a specified period by a certain |
| 13 | date; providing requirements with respect to the operation |
| 14 | of such equipment following a major disaster; providing |
| 15 | requirements with respect to the installation of specified |
| 16 | components; requiring specified documentation; requiring |
| 17 | newly constructed or substantially renovated motor fuel |
| 18 | retail outlets to be capable of operation using an |
| 19 | alternate generated power source; defining "substantially |
| 20 | renovated"; providing requirements with respect to |
| 21 | required documentation; requiring certain motor fuel |
| 22 | retail outlets located within a specified distance from an |
| 23 | interstate highway or state or federally designated |
| 24 | evacuation route to be capable of operation using an |
| 25 | alternate generated power source by a specified date; |
| 26 | providing requirements with respect to the installation of |
| 27 | specified components; requiring specified documentation; |
| 28 | providing applicability; creating s. 526.144, F.S.; |
| 29 | creating the Florida Disaster Motor Fuel Supplier Program |
| 30 | within the Department of Community Affairs; providing that |
| 31 | participation in the program shall be at the option of |
| 32 | each county; providing for administration of the program; |
| 33 | providing purpose of the program; providing requirements |
| 34 | for and authority of retail motor fuel outlets doing |
| 35 | business in participating counties that choose to become |
| 36 | members of the program; providing a restriction on |
| 37 | nonparticipating motor fuel retail outlets; authorizing |
| 38 | counties that choose to participate in the program to |
| 39 | charge a fee to cover specified costs; providing for |
| 40 | deposit of such fees; providing procedures and |
| 41 | requirements with respect to operation under the program; |
| 42 | providing that the regulation of and requirements for the |
| 43 | siting and placement of an alternate power source and any |
| 44 | related equipment at motor fuel terminal facilities, |
| 45 | wholesalers, and retail sales outlets shall be exclusively |
| 46 | controlled by the state; providing for review of the |
| 47 | program; providing a report; amending s. 501.160, F.S.; |
| 48 | providing that the prohibition against the rental or sale |
| 49 | of essential commodities during a declared state of |
| 50 | emergency at unconscionable prices shall remain in effect |
| 51 | for a specified period of time; providing for renewal |
| 52 | thereof; amending s. 553.509, F.S., relating to |
| 53 | requirements with respect to vertical accessibility under |
| 54 | pt. II of ch. 553, F.S., the "Florida Americans With |
| 55 | Disabilities Accessibility Implementation Act"; requiring |
| 56 | specified existing and newly constructed residential |
| 57 | multifamily dwellings to have at least one public elevator |
| 58 | that is capable of operating on an alternate power source |
| 59 | for emergency purposes; providing requirements with |
| 60 | respect to the alternate power source; providing for |
| 61 | verification of compliance by specified dates; providing |
| 62 | requirements with respect to emergency operations plans |
| 63 | and inspection records; providing requirements with |
| 64 | respect to compliance with the act for specified |
| 65 | multistory affordable residential dwellings; requiring the |
| 66 | development of an evacuation plan for such a dwelling in |
| 67 | the absence of compliance with the act; providing |
| 68 | additional inspection requirements under ch. 399, F.S., |
| 69 | the "Elevator Safety Act"; amending s. 252.35, F.S.; |
| 70 | expanding the duty of the Division of Emergency Management |
| 71 | to conduct a public educational campaign on emergency |
| 72 | preparedness issues; providing an additional duty of the |
| 73 | division with respect to educational outreach concerning |
| 74 | disaster preparedness; requiring the Division of Emergency |
| 75 | Management to complete and maintain specified inventories |
| 76 | of emergency generators; providing legislative findings |
| 77 | with respect to minimum criteria for county emergency |
| 78 | operations centers; specifying criteria for county |
| 79 | emergency operations centers; providing priority and |
| 80 | restrictions for funding; providing an appropriation to |
| 81 | the Department of Community Affairs to establish a |
| 82 | competitive award process; providing an appropriation to |
| 83 | the Department of Community Affairs for logistical |
| 84 | improvements and technology; providing uses of |
| 85 | appropriated funds; providing an appropriation to the |
| 86 | Department of Community Affairs to update regional |
| 87 | hurricane evacuation plans; providing for use of |
| 88 | appropriated funds; providing that the procurement of |
| 89 | technologies with appropriated funds is subject to |
| 90 | competitive bid requirements; providing an appropriation |
| 91 | to the Department of Community Affairs to conduct a |
| 92 | feasibility study; providing an appropriation to the |
| 93 | Department of Community Affairs for the Division of |
| 94 | Emergency Management's public awareness campaign; |
| 95 | providing severability; providing an effective date. |
| 96 |
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| 97 | Be It Enacted by the Legislature of the State of Florida: |
| 98 |
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| 99 | Section 1. The Legislature finds that there is a |
| 100 | compelling need to better coordinate emergency response |
| 101 | capabilities between local, state, federal, nongovernmental, and |
| 102 | private-sector partners to provide the best and most effective |
| 103 | postdisaster services to the people of the State of Florida. In |
| 104 | order to encourage the rapid recovery of economies in areas |
| 105 | affected by a disaster, the Legislature finds that programs to |
| 106 | restore normal commerce in communities should be a part of the |
| 107 | state comprehensive emergency management plan. The Legislature |
| 108 | recognizes nongovernmental agencies and the private sector as |
| 109 | key partners in disaster preparedness, response, and recovery. |
| 110 | Further, the Legislature recognizes the demonstrated abilities |
| 111 | and contributions of these entities in successfully providing |
| 112 | logistical support and commodities through well-proven |
| 113 | distribution systems. In order to enhance the state |
| 114 | comprehensive emergency management plan, the Division of |
| 115 | Emergency Management within the Department of Community Affairs |
| 116 | is hereby directed to conduct a feasibility study on |
| 117 | incorporating into the state's comprehensive emergency |
| 118 | management plan the logistical supply and distribution of |
| 119 | essential commodities by nongovernmental agencies and private |
| 120 | entities. In conducting the study, the division shall consult |
| 121 | with the Florida Retail Federation, the Florida Petroleum |
| 122 | Council, the Florida Petroleum Marketers and Convenience Store |
| 123 | Association, the Florida Emergency Preparedness Association, the |
| 124 | American Red Cross, Volunteer Florida, and other entities, as |
| 125 | appropriate. No later than February 1, 2007, the division shall |
| 126 | make recommendations based on the study to the Governor, the |
| 127 | Speaker of the House of Representatives, and the President of |
| 128 | the Senate. |
| 129 | Section 2. Section 526.143, Florida Statutes, is created |
| 130 | to read: |
| 131 | 526.143 Alternate generated power capacity for motor fuel |
| 132 | dispensing facilities.-- |
| 133 | (1) By June 1, 2007, each motor fuel terminal facility, as |
| 134 | defined in s. 526.303(16), and each wholesaler, as defined in s. |
| 135 | 526.303(17), which sells motor fuel in this state must be |
| 136 | capable of operating its distribution loading racks using an |
| 137 | alternate generated power source for a minimum of 72 hours. |
| 138 | Pending a postdisaster examination of the equipment by the |
| 139 | operator to determine any extenuating damage that would render |
| 140 | it unsafe to use, the facility must have such alternate |
| 141 | generated power source available for operation no later than 36 |
| 142 | hours after a major disaster as defined in s. 252.34. |
| 143 | Installation of appropriate wiring, including a transfer switch, |
| 144 | shall be performed by a certified electrical contractor. Each |
| 145 | business that is subject to this subsection must keep a copy of |
| 146 | the documentation of such installation on site or at its |
| 147 | corporate headquarters. In addition, each business must keep a |
| 148 | written statement attesting to the periodic testing and ensured |
| 149 | operational capacity of the equipment. The required documents |
| 150 | must be made available, upon request, to the Division of |
| 151 | Emergency Management and the director of the county emergency |
| 152 | management agency. |
| 153 | (2) Each newly constructed or substantially renovated |
| 154 | motor fuel retail outlet, as defined in s. 526.303(14), for |
| 155 | which a certificate of occupancy is issued on or after July 1, |
| 156 | 2006, shall be prewired with an appropriate transfer switch, and |
| 157 | capable of operating all fuel pumps, dispensing equipment, life- |
| 158 | safety systems, and payment acceptance equipment using an |
| 159 | alternate generated power source. As used in this subsection, |
| 160 | the term "substantially renovated" means a renovation that |
| 161 | results in an increase of greater than 50 percent in the |
| 162 | assessed value of the motor fuel retail outlet. Local building |
| 163 | inspectors shall include this equipment and operations check in |
| 164 | the normal inspection process before issuing a certificate of |
| 165 | occupancy. Each retail outlet that is subject to this subsection |
| 166 | must keep a copy of the certificate of occupancy on site or at |
| 167 | its corporate headquarters. In addition, each retail outlet must |
| 168 | keep a written statement attesting to the periodic testing of |
| 169 | and ensured operational capability of the equipment. The |
| 170 | required documents must be made available, upon request, to the |
| 171 | Division of Emergency Management and the director of the county |
| 172 | emergency management agency. |
| 173 | (3)(a) No later than June 1, 2007, each motor fuel retail |
| 174 | outlet described in subparagraph 1., subparagraph 2., or |
| 175 | subparagraph 3., which is located within one-half mile proximate |
| 176 | to an interstate highway or state or federally designated |
| 177 | evacuation route must be prewired with an appropriate transfer |
| 178 | switch and be capable of operating all fuel pumps, dispensing |
| 179 | equipment, life safety systems, and payment acceptance equipment |
| 180 | using an alternate generated power source: |
| 181 | 1. A motor fuel retail outlet located in a county having a |
| 182 | population of 300,000 or more which has 16 or more fueling |
| 183 | positions. |
| 184 | 2. A motor fuel retail outlet located in a county having a |
| 185 | population of 100,000 or more, but fewer than 300,000, which has |
| 186 | 12 or more fueling positions. |
| 187 | 3. A motor fuel retail outlet located in a county having a |
| 188 | population of fewer than 100,000 which has eight or more fueling |
| 189 | positions. |
| 190 | (b) Installation of appropriate wiring and transfer |
| 191 | switches must be performed by a certified electrical contractor. |
| 192 | Each retail outlet that is subject to this subsection must keep |
| 193 | a copy of the documentation of such installation on site or at |
| 194 | its corporate headquarters. In addition, each retail outlet must |
| 195 | keep a written statement attesting to the periodic testing of |
| 196 | and ensured operational capacity of the equipment. The required |
| 197 | documents must be made available, upon request, to the Division |
| 198 | of Emergency Management and the director of the county emergency |
| 199 | management agency. |
| 200 | (4)(a) Subsections (2) and (3) apply to any self-service, |
| 201 | full-service, or combination self-service and full-service motor |
| 202 | fuel retail outlet regardless of whether the retail outlet is |
| 203 | located on the grounds of, or is owned by, another retail |
| 204 | business establishment that does not engage in the business of |
| 205 | selling motor fuel. |
| 206 | (b) Subsections (2) and (3) do not apply to: |
| 207 | 1. An automobile dealer; |
| 208 | 2. A person who operates a fleet of motor vehicles; |
| 209 | 3. A person who sells motor fuel exclusively to a fleet of |
| 210 | motor vehicles; or |
| 211 | 4. A motor fuel retail outlet that has a written agreement |
| 212 | with a public hospital, in a form approved by the Division of |
| 213 | Emergency Management, wherein the public hospital agrees to |
| 214 | provide the motor fuel retail outlet with an alternative means |
| 215 | of power generation onsite so that the outlet's fuel pumps may |
| 216 | be operated in the event of a power outage. |
| 217 | Section 3. Section 526.144, Florida Statutes, is created |
| 218 | to read |
| 219 | 526.144 Florida Disaster Motor Fuel Supplier Program.-- |
| 220 | (1)(a) There is created the Florida Disaster Motor Fuel |
| 221 | Supplier Program within the Department of Community Affairs. |
| 222 | (b) Participation in the program shall be at the option of |
| 223 | each county governing body. In counties choosing to participate |
| 224 | in the program, the local emergency management agency shall be |
| 225 | primarily responsible for administering the program within those |
| 226 | counties. Nothing in this section shall require participation in |
| 227 | the program. |
| 228 | (c) In participating counties, the Florida Disaster Motor |
| 229 | Fuel Supplier Program shall allow any retail motor fuel outlet |
| 230 | doing business in those counties to participate in a network of |
| 231 | emergency responders to provide fuel supplies and services to |
| 232 | government agencies, medical institutions and facilities, |
| 233 | critical infrastructure, and other responders, as well as the |
| 234 | general public, during a declared disaster as described in s. |
| 235 | 252.36(2). |
| 236 | (d) Retail motor fuel outlets doing business in |
| 237 | participating counties that choose to become members of the |
| 238 | Florida Disaster Motor Fuel Supplier Program must be able to |
| 239 | demonstrate the capability to provide onsite fuel dispensing |
| 240 | services to other members of the State Emergency Response Team |
| 241 | within 24 hours after a major disaster has occurred, and agree |
| 242 | to make such service available as needed. Local emergency |
| 243 | management agencies may determine appropriate measures for |
| 244 | determining such readiness, including acceptance of a written |
| 245 | attestation from the retail motor fuel outlet, a copy of an |
| 246 | executed contract for services, or other documents or activities |
| 247 | that may demonstrate readiness. Participating retail motor fuel |
| 248 | outlets may choose to sell motor fuel through a preexisting |
| 249 | contract with local, state, or federal response agencies or may |
| 250 | provide point-of-sale service to such agencies. In addition, |
| 251 | participating retail motor fuel outlets may choose to sell motor |
| 252 | fuel to the general public upon compliance with requirements to |
| 253 | provide service under ss. 252.35 and 252.38 as directed by |
| 254 | county or state emergency management officials. Nothing in this |
| 255 | section shall preclude any retail motor fuel outlet from selling |
| 256 | fuel during lawful operating hours. Nonparticipating motor fuel |
| 257 | retail outlets may not operate during declared curfew hours. If |
| 258 | requested, appropriate law enforcement or security personnel may |
| 259 | be provided through emergency management protocol to the |
| 260 | participating business for the purpose of maintaining civil |
| 261 | order during operating hours. |
| 262 | (e) Motor fuel outlets that choose to participate in the |
| 263 | Florida Disaster Motor Fuel Supplier Program pursuant to |
| 264 | paragraph (d) may be issued a State Emergency Response Team logo |
| 265 | by the participating county emergency management agency for |
| 266 | public display to alert emergency responders and the public that |
| 267 | the business is capable of assisting in an emergency. |
| 268 | (f) Counties that choose to participate in the Florida |
| 269 | Disaster Motor Fuel Supplier Program may charge a fee to cover |
| 270 | the actual costs of accepting a retail motor fuel outlet into |
| 271 | the program, including the cost of performing any required |
| 272 | review, filing of necessary forms, and producing logo decals for |
| 273 | public display. Additional charges may not be imposed for |
| 274 | processing individual documents associated with the program. |
| 275 | Funds collected shall be deposited into an appropriate county |
| 276 | operating account. |
| 277 | (3) Persons who are designated as members of the State |
| 278 | Emergency Response Team and who can produce appropriate |
| 279 | identification, as determined by state or county emergency |
| 280 | management officials, shall be given priority for purchasing |
| 281 | fuel at businesses designated as members of the State Emergency |
| 282 | Response Team. A business may be directed by county or state |
| 283 | emergency management officials to remain open during a declared |
| 284 | curfew in order to provide service for emergency personnel. |
| 285 | Under such direction, the business is not in violation of the |
| 286 | curfew and may not be penalized for such operation and the |
| 287 | emergency personnel are not in violation of the curfew. A person |
| 288 | traveling during a curfew must be able to produce valid official |
| 289 | documentation of his or her position with the State Emergency |
| 290 | Response Team or the local emergency management agency. Such |
| 291 | documentation may include, but need not be limited to, current |
| 292 | State Emergency Response Team identification badge, current law |
| 293 | enforcement or other response agency identification or shield, |
| 294 | current health care employee identification card, or current |
| 295 | government services identification card indicating a critical |
| 296 | services position. |
| 297 | (4) A business that is designated as a member of the State |
| 298 | Emergency Response Team may request priority in receiving a |
| 299 | resupply of fuel in order to continue service to emergency |
| 300 | responders. Such request is not binding, but shall be considered |
| 301 | by emergency management officials in determining appropriate |
| 302 | response actions. |
| 303 | (5) Notwithstanding any other law or local ordinance, to |
| 304 | ensure an appropriate emergency management response to major |
| 305 | disasters in the state, the regulation of and requirements for |
| 306 | the siting and placement of an alternate power source and any |
| 307 | related equipment at motor fuel terminal facilities, |
| 308 | wholesalers, and retail sales outlets shall be exclusively |
| 309 | controlled by the state. |
| 310 | (6) The Florida Energy Office of the Department of |
| 311 | Environmental Protection shall review situational progress in |
| 312 | postdisaster motor fuel supply distribution and provide a report |
| 313 | to the Legislature by March 1, 2007. The report must include |
| 314 | information concerning statewide compliance with s. 526.143 and |
| 315 | an identification of all motor fuel retail outlets that are |
| 316 | participating in the Florida Disaster Motor Fuel Supplier |
| 317 | Program. |
| 318 | Section 4. Subsection (2) of section 501.160, Florida |
| 319 | Statutes, is amended to read: |
| 320 | 501.160 Rental or sale of essential commodities during a |
| 321 | declared state of emergency; prohibition against unconscionable |
| 322 | prices.-- |
| 323 | (2) Upon a declaration of a state of emergency by the |
| 324 | Governor, it is unlawful and a violation of s. 501.204 for a |
| 325 | person or her or his agent or employee to rent or sell or offer |
| 326 | to rent or sell at an unconscionable price within the area for |
| 327 | which the state of emergency is declared, any essential |
| 328 | commodity including, but not limited to, supplies, services, |
| 329 | provisions, or equipment that is necessary for consumption or |
| 330 | use as a direct result of the emergency. This prohibition shall |
| 331 | remain remains in effect for a period not to exceed 60 days |
| 332 | under the initial declared state of emergency as defined in s. |
| 333 | 252.36(2) and shall be renewed by statement in any subsequent |
| 334 | renewal of the declared state of emergency by the Governor until |
| 335 | the declaration expires or is terminated. |
| 336 | Section 5. Section 553.509, Florida Statutes, is amended |
| 337 | to read: |
| 338 | 553.509 Vertical accessibility.--Nothing in sections |
| 339 | 553.501-553.513 or the guidelines shall be construed to relieve |
| 340 | the owner of any building, structure, or facility governed by |
| 341 | those sections from the duty to provide vertical accessibility |
| 342 | to all levels above and below the occupiable grade level, |
| 343 | regardless of whether the guidelines require an elevator to be |
| 344 | installed in such building, structure, or facility, except for |
| 345 | the areas, rooms, and spaces described in subsections (1), (2), |
| 346 | and (3): |
| 347 | (1) Elevator pits, elevator penthouses, mechanical rooms, |
| 348 | piping or equipment catwalks, and automobile lubrication and |
| 349 | maintenance pits and platforms.; |
| 350 | (2) Unoccupiable spaces, such as rooms, enclosed spaces, |
| 351 | and storage spaces that are not designed for human occupancy, |
| 352 | for public accommodations, or for work areas.; and |
| 353 | (3) Occupiable spaces and rooms that are not open to the |
| 354 | public and that house no more than five persons, including, but |
| 355 | not limited to, equipment control rooms and projection booths. |
| 356 | (4)(a) Any person, firm, or corporation that owns, |
| 357 | manages, or operates a residential multifamily dwelling, |
| 358 | including a condominium, that is at least 75 feet high and |
| 359 | contains a public elevator, as described in s. 399.035(2) and |
| 360 | (3) and rules adopted by the Florida Building Commission, shall |
| 361 | have at least one public elevator that is capable of operating |
| 362 | on an alternate power source for emergency purposes. Alternate |
| 363 | power shall be available for the purpose of allowing all |
| 364 | residents access for a specified number of hours each day over a |
| 365 | 5-day period following a natural disaster, manmade disaster, |
| 366 | emergency, or other civil disturbance that disrupts the normal |
| 367 | supply of electricity. The alternate power source that controls |
| 368 | elevator operations must also be capable of powering any |
| 369 | connected fire alarm system in the building. |
| 370 | (b) At a minimum, the elevator must be appropriately |
| 371 | prewired and prepared to accept an alternate power source and |
| 372 | must have a connection on the line side of the main disconnect, |
| 373 | pursuant to National Electric Code Handbook, Article 700. In |
| 374 | addition to the required power source for the elevator and |
| 375 | connected fire alarm system in the building, the alternate power |
| 376 | supply must be sufficient to provide emergency lighting to the |
| 377 | interior lobbies, hallways, and other portions of the building |
| 378 | used by the public. Residential multifamily dwellings must have |
| 379 | an available generator and fuel source on the property or have |
| 380 | proof of a current contract posted in the elevator machine room |
| 381 | or other place conspicuous to the elevator inspector affirming a |
| 382 | current guaranteed service contract for such equipment and fuel |
| 383 | source to operate the elevator on an on-call basis within 24 |
| 384 | hours after a request. By December 31, 2006, any person, firm or |
| 385 | corporation that owns, manages or operates a residential |
| 386 | multifamily dwelling as defined in paragraph (a) must provide to |
| 387 | the local building inspection agency verification of engineering |
| 388 | plans for residential multifamily dwellings that provide for the |
| 389 | capability to generate power by alternate means. Compliance with |
| 390 | installation requirements and operational capability |
| 391 | requirements must be verified by local building inspectors and |
| 392 | reported to the county emergency management agency by December |
| 393 | 31, 2007. |
| 394 | (c) Each newly constructed residential multifamily |
| 395 | dwelling, including a condominium, that is at least 75 feet high |
| 396 | and contains a public elevator, as described in s. 399.035(2) |
| 397 | and (3) and rules adopted by the Florida Building Commission, |
| 398 | must have at least one public elevator that is capable of |
| 399 | operating on an alternate power source for the purpose of |
| 400 | allowing all residents access for a specified number of hours |
| 401 | each day over a 5-day period following a natural disaster, |
| 402 | manmade disaster, emergency, or other civil disturbance that |
| 403 | disrupts the normal supply of electricity. The alternate power |
| 404 | source that controls elevator operations must be capable of |
| 405 | powering any connected fire alarm system in the building. In |
| 406 | addition to the required power source for the elevator and |
| 407 | connected fire alarm system, the alternate power supply must be |
| 408 | sufficient to provide emergency lighting to the interior |
| 409 | lobbies, hallways, and other portions of the building used by |
| 410 | the public. Engineering plans and verification of operational |
| 411 | capability must be provided by the local building inspector to |
| 412 | the county emergency management agency before occupancy of the |
| 413 | newly constructed building. |
| 414 | (d) Each person, firm, or corporation that is required to |
| 415 | maintain an alternate power source under this subsection shall |
| 416 | maintain a written emergency operations plan that details the |
| 417 | sequence of operations before, during, and after a natural or |
| 418 | manmade disaster or other emergency situation. The plan must |
| 419 | include, at a minimum, a life safety plan for evacuation, |
| 420 | maintenance of the electrical and lighting supply, and |
| 421 | provisions for the health, safety, and welfare of the residents. |
| 422 | In addition, the owner, manager, or operator of the residential |
| 423 | multifamily dwelling must keep written records of any contracts |
| 424 | for alternative power generation equipment. Also, quarterly |
| 425 | inspection records of life safety equipment and alternate power |
| 426 | generation equipment must be posted in the elevator machine room |
| 427 | or other place conspicuous to the elevator inspector, which |
| 428 | confirm that such equipment is properly maintained and in good |
| 429 | working condition, and copies of contracts for alternate power |
| 430 | generation equipment shall be maintained on site for |
| 431 | verification. The written emergency operations plan and |
| 432 | inspection records shall also be open for periodic inspection by |
| 433 | local and state government agencies as deemed necessary. The |
| 434 | owner or operator must keep a generator key in a lockbox posted |
| 435 | at or near any installed generator unit. |
| 436 | (e) Multistory affordable residential dwellings for |
| 437 | persons age 62 and older that are financed or insured by the |
| 438 | United States Department of Housing and Urban Development must |
| 439 | make every effort to obtain grant funding from the Federal |
| 440 | Government or the Florida Housing Finance Corporation to comply |
| 441 | with this subsection. If an owner of such a residential dwelling |
| 442 | cannot comply with the requirements of this subsection, the |
| 443 | owner must develop a plan with the local emergency management |
| 444 | agency to ensure that residents are evacuated to a place of |
| 445 | safety in the event of a power outage resulting from a natural |
| 446 | or manmade disaster or other emergency situation that disrupts |
| 447 | the normal supply of electricity for an extended period of time. |
| 448 | A place of safety may include, but is not limited to, relocation |
| 449 | to an alternative site within the building or evacuation to a |
| 450 | local shelter. |
| 451 | (f) As a part of the annual elevator inspection required |
| 452 | under s. 399.061, certified elevator inspectors shall confirm |
| 453 | that all installed generators required by this chapter are in |
| 454 | working order, have current inspection records posted in the |
| 455 | elevator machine room or other place conspicuous to the elevator |
| 456 | inspector, and that the required generator key is present in the |
| 457 | lockbox posted at or near the installed generator. If a building |
| 458 | does not have an installed generator, the inspector shall |
| 459 | confirm that the appropriate prewiring and switching |
| 460 | capabilities are present and that a statement is posted in the |
| 461 | elevator machine room or other place conspicuous to the elevator |
| 462 | inspector affirming that a current guaranteed contract exists |
| 463 | for contingent services for alternate power and is current for |
| 464 | the operating period. |
| 465 |
|
| 466 | However, buildings, structures, and facilities must, as a |
| 467 | minimum, comply with the requirements in the Americans with |
| 468 | Disabilities Act Accessibility Guidelines. |
| 469 | Section 6. Paragraph (i) of subsection (2) of section |
| 470 | 252.35, Florida Statutes, is amended, paragraphs (j), (k), (l), |
| 471 | (m), (n), (o), (p), (q), (r), (s), (t), (u), and (v) of that |
| 472 | subsection are redesignated as paragraphs (k), (l), (m), (n), |
| 473 | (o), (p), (q), (r), (u), (v), (w), (x), and (y), respectively, |
| 474 | and new paragraphs (j), (s), and (t) are added to subsection (2) |
| 475 | of that section, to read: |
| 476 | 252.35 Emergency management powers; Division of Emergency |
| 477 | Management.-- |
| 478 | (2) The division is responsible for carrying out the |
| 479 | provisions of ss. 252.31-252.90. In performing its duties under |
| 480 | ss. 252.31-252.90, the division shall: |
| 481 | (i) Institute statewide public awareness programs. This |
| 482 | shall include an intensive public educational campaign on |
| 483 | emergency preparedness issues, including, but not limited to, |
| 484 | the personal responsibility of individual citizens to be self- |
| 485 | sufficient for up to 72 hours following a natural or manmade |
| 486 | disaster. The public educational campaign shall include relevant |
| 487 | information on statewide disaster plans, evacuation routes, fuel |
| 488 | suppliers, and shelters. All educational materials must be |
| 489 | available in alternative formats and mediums to ensure that they |
| 490 | are available to persons with disabilities. |
| 491 | (j) The Division of Emergency Management and the |
| 492 | Department of Education shall coordinate with the Agency For |
| 493 | Persons with Disabilities to provide an educational outreach |
| 494 | program on disaster preparedness and readiness to individuals |
| 495 | who have limited English skills and identify persons who are in |
| 496 | need of assistance but are not defined under special needs |
| 497 | criteria. |
| 498 | (s) By January 1, 2007, the Division of Emergency |
| 499 | Management shall complete an inventory of portable generators |
| 500 | owned by the state and local governments which are capable of |
| 501 | operating during a major disaster. The inventory must identify, |
| 502 | at a minimum, the location of each generator, the number of |
| 503 | generators stored at each specific location, the agency to which |
| 504 | each generator belongs, the primary use of the generator by the |
| 505 | agency that owns the generator, and the names, addresses, and |
| 506 | telephone numbers of persons having the authority to loan the |
| 507 | stored generators as authorized by the Division of Emergency |
| 508 | Management during a declared emergency. |
| 509 | (t) The division shall maintain an inventory list of |
| 510 | generators owned by the state and local governments. In |
| 511 | addition, the division may keep a list of private entities which |
| 512 | offer generators for sale or lease, along with appropriate |
| 513 | contact information. The list of private entities shall be |
| 514 | available to the public for inspection in written and electronic |
| 515 | formats. |
| 516 | Section 7. The Legislature finds that county emergency |
| 517 | operations centers should meet the minimum criteria for |
| 518 | structural survivability and sufficiency of operational space, |
| 519 | as determined by assessments performed by the Department of |
| 520 | Community Affairs based on guidance from the Federal Emergency |
| 521 | Management Agency. Criteria for a county emergency operations |
| 522 | center include, but are not limited to, county population, |
| 523 | hurricane evacuation clearance time for the vulnerable |
| 524 | population of the county, structural survivability of the |
| 525 | existing emergency operations center, and Federal Emergency |
| 526 | Management Agency guidance for workspace requirements for the |
| 527 | emergency operations center. First priority for funding shall be |
| 528 | for county emergency operations centers where no survivable |
| 529 | facility exists and where workspace deficits exist. Funding may |
| 530 | not be used for land acquisition or recurring expenditures. |
| 531 | Funding is limited to the construction or structural renovation |
| 532 | of the county emergency operations center in order to meet |
| 533 | national workspace recommendations and may not be used to |
| 534 | purchase equipment, furnishings, communications, or operational |
| 535 | systems. There is hereby appropriated $20 million from |
| 536 | nonrecurring general revenue and $8.6 million from the U.S. |
| 537 | Contributions Trust Fund to the Department of Community Affairs |
| 538 | in fixed capital outlay to establish a competitive award process |
| 539 | to implement this section. No more than 5 percent of the funds |
| 540 | provided under this section may be used by the Department for |
| 541 | administration of the funding. |
| 542 | Section 8. Funds appropriated under this section may be |
| 543 | used for increasing storage capacity; improving technologies to |
| 544 | manage commodities; and enhancing the ability to maintain in a |
| 545 | safe and secure manner an inventory of supplies, equipment, and |
| 546 | commodities that would be needed in the immediate aftermath of a |
| 547 | disaster. There is hereby appropriated $400,000 from |
| 548 | nonrecurring general revenue, $1.6 million from recurring funds |
| 549 | within the Emergency Management, Preparedness, and Assistance |
| 550 | Trust Fund, and $4.5 million from nonrecurring funds within the |
| 551 | Emergency Management Preparedness, and Assistance Trust Fund to |
| 552 | the Department of Community Affairs for logistical improvements |
| 553 | and technology. |
| 554 | Section 9. Funds appropriated under this section may be |
| 555 | used to update hurricane evacuation plans using Light Detecting |
| 556 | and Ranging technology and the National Hurricane Center's |
| 557 | computerized Sea, Lake and Overland Surges for Hurricanes model. |
| 558 | There is hereby appropriated $29 million from the U.S. |
| 559 | Contributions Trust Fund to the Department of Community Affairs |
| 560 | to update regional hurricane evacuation plans using Light |
| 561 | Detecting and Ranging Technology and the National Hurricane |
| 562 | Center's computerized Sea, Lake and Overland Surges for |
| 563 | Hurricanes model. Procurement of technologies to perform the |
| 564 | updates and computer modeling must comply with the provisions of |
| 565 | s. 287.057, Florida Statutes, requiring competitive bids. No |
| 566 | more than 5 percent of the funds provided under this section may |
| 567 | be used by the Department for administration of this funding. |
| 568 | Section 10. There is hereby appropriated $76,150 from |
| 569 | nonrecurring general revenue to the Department of Community |
| 570 | Affairs for a study on the feasibility of incorporating |
| 571 | nongovernmental agencies and private entities into the |
| 572 | logistical supply and distribution system for essential |
| 573 | commodities. |
| 574 | Section 11. There is hereby appropriated $3.4 million from |
| 575 | the U.S. Contributions Trust Fund to the Department of Community |
| 576 | Affairs for the Division of Emergency Management's public |
| 577 | awareness campaign. |
| 578 | Section 12. If any provision of this act or its |
| 579 | application to any person or circumstance is held invalid, the |
| 580 | invalidity does not affect other provisions or applications of |
| 581 | the act which can be given effect without the invalid provision |
| 582 | or application, and to this end the provisions of this act are |
| 583 | severable. |
| 584 | Section 13. This act shall take effect July 1, 2006. |