HB 7121

1
A bill to be entitled
2An act relating to disaster preparedness response and
3recovery; providing legislative findings with respect to
4the coordination of emergency response capabilities;
5directing the Division of Emergency Management to conduct
6a feasibility study relating to the supply and
7distribution of essential commodities by nongovernmental
8and private entities; creating s. 526.143, F.S.; providing
9that each motor fuel terminal facility and wholesaler that
10sells motor fuel in the state must be capable of operating
11its distribution loading racks using an alternate
12generated power source for a specified period by a certain
13date; providing requirements with respect to the operation
14of such equipment following a major disaster; providing
15requirements with respect to the installation of specified
16components; requiring specified documentation; requiring
17newly constructed or substantially renovated motor fuel
18retail outlets to be capable of operation using an
19alternate generated power source; defining "substantially
20renovated"; providing requirements with respect to
21required documentation; requiring certain motor fuel
22retail outlets located within a specified distance from an
23interstate highway or state or federally designated
24evacuation route to be capable of operation using an
25alternate generated power source by a specified date;
26providing requirements with respect to the installation of
27specified components; requiring specified documentation;
28providing applicability; creating s. 526.144, F.S.;
29creating the Florida Disaster Motor Fuel Supplier Program
30within the Department of Community Affairs; providing that
31participation in the program shall be at the option of
32each county; providing for administration of the program;
33providing purpose of the program; providing requirements
34for and authority of retail motor fuel outlets doing
35business in participating counties that choose to become
36members of the program; providing a restriction on
37nonparticipating motor fuel retail outlets; authorizing
38counties that choose to participate in the program to
39charge a fee to cover specified costs; providing for
40deposit of such fees; providing procedures and
41requirements with respect to operation under the program;
42providing that the regulation of and requirements for the
43siting and placement of an alternate power source and any
44related equipment at motor fuel terminal facilities,
45wholesalers, and retail sales outlets shall be exclusively
46controlled by the state; providing for review of the
47program; providing a report; amending s. 501.160, F.S.;
48providing that the prohibition against the rental or sale
49of essential commodities during a declared state of
50emergency at unconscionable prices shall remain in effect
51for a specified period of time; providing for  renewal
52thereof; amending s. 553.509, F.S., relating to
53requirements with respect to vertical accessibility under
54pt. II of ch. 553, F.S., the "Florida Americans With
55Disabilities Accessibility Implementation Act"; requiring
56specified existing and newly constructed residential
57multifamily dwellings to have at least one public elevator
58that is capable of operating on an alternate power source
59for emergency purposes; providing requirements with
60respect to the alternate power source; providing for
61verification of compliance by specified dates; providing
62requirements with respect to emergency operations plans
63and inspection records; providing requirements with
64respect to compliance with the act for specified
65multistory affordable residential dwellings; requiring the
66development of an evacuation plan for such a dwelling in
67the absence of compliance with the act; providing
68additional inspection requirements under ch. 399, F.S.,
69the "Elevator Safety Act"; amending s. 252.35, F.S.;
70expanding the duty of the Division of Emergency Management
71to conduct a public educational campaign on emergency
72preparedness issues; providing an additional duty of the
73division with respect to educational outreach concerning
74disaster preparedness; requiring the Division of Emergency
75Management to complete and maintain specified inventories
76of emergency generators; providing legislative findings
77with respect to minimum criteria for county emergency
78operations centers; specifying criteria for county
79emergency operations centers; providing priority and
80restrictions for funding; providing an appropriation to
81the Department of Community Affairs to establish a
82competitive award process; providing an appropriation to
83the Department of Community Affairs for logistical
84improvements and technology; providing uses of
85appropriated funds; providing an appropriation to the
86Department of Community Affairs to update regional
87hurricane evacuation plans; providing for use of
88appropriated funds; providing that the procurement of
89technologies with appropriated funds is subject to
90competitive bid requirements; providing an appropriation
91to the Department of Community Affairs to conduct a
92feasibility study; providing an appropriation to the
93Department of Community Affairs for the Division of
94Emergency Management's public awareness campaign;
95providing severability; providing an effective date.
96
97Be It Enacted by the Legislature of the State of Florida:
98
99     Section 1.  The Legislature finds that there is a
100compelling need to better coordinate emergency response
101capabilities between local, state, federal, nongovernmental, and
102private-sector partners to provide the best and most effective
103postdisaster services to the people of the State of Florida. In
104order to encourage the rapid recovery of economies in areas
105affected by a disaster, the Legislature finds that programs to
106restore normal commerce in communities should be a part of the
107state comprehensive emergency management plan. The Legislature
108recognizes nongovernmental agencies and the private sector as
109key partners in disaster preparedness, response, and recovery.
110Further, the Legislature recognizes the demonstrated abilities
111and contributions of these entities in successfully providing
112logistical support and commodities through well-proven
113distribution systems. In order to enhance the state
114comprehensive emergency management plan, the Division of
115Emergency Management within the Department of Community Affairs
116is hereby directed to conduct a feasibility study on
117incorporating into the state's comprehensive emergency
118management plan the logistical supply and distribution of
119essential commodities by nongovernmental agencies and private
120entities. In conducting the study, the division shall consult
121with the Florida Retail Federation, the Florida Petroleum
122Council, the Florida Petroleum Marketers and Convenience Store
123Association, the Florida Emergency Preparedness Association, the
124American Red Cross, Volunteer Florida, and other entities, as
125appropriate. No later than February 1, 2007, the division shall
126make recommendations based on the study to the Governor, the
127Speaker of the House of Representatives, and the President of
128the Senate.
129     Section 2.  Section 526.143, Florida Statutes, is created
130to read:
131     526.143  Alternate generated power capacity for motor fuel
132dispensing facilities.--
133     (1)  By June 1, 2007, each motor fuel terminal facility, as
134defined in s. 526.303(16), and each wholesaler, as defined in s.
135526.303(17), which sells motor fuel in this state must be
136capable of operating its distribution loading racks using an
137alternate generated power source for a minimum of 72 hours.
138Pending a postdisaster examination of the equipment by the
139operator to determine any extenuating damage that would render
140it unsafe to use, the facility must have such alternate
141generated power source available for operation no later than 36
142hours after a major disaster as defined in s. 252.34.
143Installation of appropriate wiring, including a transfer switch,
144shall be performed by a certified electrical contractor. Each
145business that is subject to this subsection must keep a copy of
146the documentation of such installation on site or at its
147corporate headquarters. In addition, each business must keep a
148written statement attesting to the periodic testing and ensured
149operational capacity of the equipment. The required documents
150must be made available, upon request, to the Division of
151Emergency Management and the director of the county emergency
152management agency.
153     (2)  Each newly constructed or substantially renovated
154motor fuel retail outlet, as defined in s. 526.303(14), for
155which a certificate of occupancy is issued on or after July 1,
1562006, shall be prewired with an appropriate transfer switch, and
157capable of operating all fuel pumps, dispensing equipment, life-
158safety systems, and payment acceptance equipment using an
159alternate generated power source. As used in this subsection,
160the term "substantially renovated" means a renovation that
161results in an increase of greater than 50 percent in the
162assessed value of the motor fuel retail outlet. Local building
163inspectors shall include this equipment and operations check in
164the normal inspection process before issuing a certificate of
165occupancy. Each retail outlet that is subject to this subsection
166must keep a copy of the certificate of occupancy on site or at
167its corporate headquarters. In addition, each retail outlet must
168keep a written statement attesting to the periodic testing of
169and ensured operational capability of the equipment. The
170required documents must be made available, upon request, to the
171Division of Emergency Management and the director of the county
172emergency management agency.
173     (3)(a)  No later than June 1, 2007, each motor fuel retail
174outlet described in subparagraph 1., subparagraph 2., or
175subparagraph 3., which is located within one-half mile proximate
176to an interstate highway or state or federally designated
177evacuation route must be prewired with an appropriate transfer
178switch and be capable of operating all fuel pumps, dispensing
179equipment, life safety systems, and payment acceptance equipment
180using an alternate generated power source:
181     1.  A motor fuel retail outlet located in a county having a
182population of 300,000 or more which has 16 or more fueling
183positions.
184     2.  A motor fuel retail outlet located in a county having a
185population of 100,000 or more, but fewer than 300,000, which has
18612 or more fueling positions.
187     3.  A motor fuel retail outlet located in a county having a
188population of fewer than 100,000 which has eight or more fueling
189positions.
190     (b)  Installation of appropriate wiring and transfer
191switches must be performed by a certified electrical contractor.
192Each retail outlet that is subject to this subsection must keep
193a copy of the documentation of such installation on site or at
194its corporate headquarters. In addition, each retail outlet must
195keep a written statement attesting to the periodic testing of
196and ensured operational capacity of the equipment. The required
197documents must be made available, upon request, to the Division
198of Emergency Management and the director of the county emergency
199management agency.
200     (4)(a)  Subsections (2) and (3) apply to any self-service,
201full-service, or combination self-service and full-service motor
202fuel retail outlet regardless of whether the retail outlet is
203located on the grounds of, or is owned by, another retail
204business establishment that does not engage in the business of
205selling 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
210motor vehicles; or
211     4.  A motor fuel retail outlet that has a written agreement
212with a public hospital, in a form approved by the Division of
213Emergency Management, wherein the public hospital agrees to
214provide the motor fuel retail outlet with an alternative means
215of power generation onsite so that the outlet's fuel pumps may
216be operated in the event of a power outage.
217     Section 3.  Section 526.144, Florida Statutes, is created
218to read
219     526.144  Florida Disaster Motor Fuel Supplier Program.--
220     (1)(a)  There is created the Florida Disaster Motor Fuel
221Supplier Program within the Department of Community Affairs.
222     (b)  Participation in the program shall be at the option of
223each county governing body. In counties choosing to participate
224in the program, the local emergency management agency shall be
225primarily responsible for administering the program within those
226counties. Nothing in this section shall require participation in
227the program.
228     (c)  In participating counties, the Florida Disaster Motor
229Fuel Supplier Program shall allow any retail motor fuel outlet
230doing business in those counties to participate in a network of
231emergency responders to provide fuel supplies and services to
232government agencies, medical institutions and facilities,
233critical infrastructure, and other responders, as well as the
234general public, during a declared disaster as described in s.
235252.36(2).
236     (d)  Retail motor fuel outlets doing business in
237participating counties that choose to become members of the
238Florida Disaster Motor Fuel Supplier Program must be able to
239demonstrate the capability to provide onsite fuel dispensing
240services to other members of the State Emergency Response Team
241within 24 hours after a major disaster has occurred, and agree
242to make such service available as needed. Local emergency
243management agencies may determine appropriate measures for
244determining such readiness, including acceptance of a written
245attestation from the retail motor fuel outlet, a copy of an
246executed contract for services, or other documents or activities
247that may demonstrate readiness. Participating retail motor fuel
248outlets may choose to sell motor fuel through a preexisting
249contract with local, state, or federal response agencies or may
250provide point-of-sale service to such agencies. In addition,
251participating retail motor fuel outlets may choose to sell motor
252fuel to the general public upon compliance with requirements to
253provide service under ss. 252.35 and 252.38 as directed by
254county or state emergency management officials. Nothing in this
255section shall preclude any retail motor fuel outlet from selling
256fuel during lawful operating hours. Nonparticipating motor fuel
257retail outlets may not operate during declared curfew hours. If
258requested, appropriate law enforcement or security personnel may
259be provided through emergency management protocol to the
260participating business for the purpose of maintaining civil
261order during operating hours.
262     (e)  Motor fuel outlets that choose to participate in the
263Florida Disaster Motor Fuel Supplier Program pursuant to
264paragraph (d) may be issued a State Emergency Response Team logo
265by the participating county emergency management agency for
266public display to alert emergency responders and the public that
267the business is capable of assisting in an emergency.
268     (f)  Counties that choose to participate in the Florida
269Disaster Motor Fuel Supplier Program may charge a fee to cover
270the actual costs of accepting a retail motor fuel outlet into
271the program, including the cost of performing any required
272review, filing of necessary forms, and producing logo decals for
273public display. Additional charges may not be imposed for
274processing individual documents associated with the program.
275Funds collected shall be deposited into an appropriate county
276operating account.
277     (3)  Persons who are designated as members of the State
278Emergency Response Team and who can produce appropriate
279identification, as determined by state or county emergency
280management officials, shall be given priority for purchasing
281fuel at businesses designated as members of the State Emergency
282Response Team. A business may be directed by county or state
283emergency management officials to remain open during a declared
284curfew in order to provide service for emergency personnel.
285Under such direction, the business is not in violation of the
286curfew and may not be penalized for such operation and the
287emergency personnel are not in violation of the curfew. A person
288traveling during a curfew must be able to produce valid official
289documentation of his or her position with the State Emergency
290Response Team or the local emergency management agency. Such
291documentation may include, but need not be limited to, current
292State Emergency Response Team identification badge, current law
293enforcement or other response agency identification or shield,
294current health care employee identification card, or current
295government services identification card indicating a critical
296services position.
297     (4)  A business that is designated as a member of the State
298Emergency Response Team may request priority in receiving a
299resupply of fuel in order to continue service to emergency
300responders. Such request is not binding, but shall be considered
301by emergency management officials in determining appropriate
302response actions.
303     (5)  Notwithstanding any other law or local ordinance, to
304ensure an appropriate emergency management response to major
305disasters in the state, the regulation of and requirements for
306the siting and placement of an alternate power source and any
307related equipment at motor fuel terminal facilities,
308wholesalers, and retail sales outlets shall be exclusively
309controlled by the state.
310     (6)  The Florida Energy Office of the Department of
311Environmental Protection shall review situational progress in
312postdisaster motor fuel supply distribution and provide a report
313to the Legislature by March 1, 2007. The report must include
314information concerning statewide compliance with s. 526.143 and
315an identification of all motor fuel retail outlets that are
316participating in the Florida Disaster Motor Fuel Supplier
317Program.
318     Section 4.  Subsection (2) of section 501.160, Florida
319Statutes, is amended to read:
320     501.160  Rental or sale of essential commodities during a
321declared state of emergency; prohibition against unconscionable
322prices.--
323     (2)  Upon a declaration of a state of emergency by the
324Governor, it is unlawful and a violation of s. 501.204 for a
325person or her or his agent or employee to rent or sell or offer
326to rent or sell at an unconscionable price within the area for
327which the state of emergency is declared, any essential
328commodity including, but not limited to, supplies, services,
329provisions, or equipment that is necessary for consumption or
330use as a direct result of the emergency. This prohibition shall
331remain remains in effect for a period not to exceed 60 days
332under the initial declared state of emergency as defined in s.
333252.36(2) and shall be renewed by statement in any subsequent
334renewal of the declared state of emergency by the Governor until
335the declaration expires or is terminated.
336     Section 5.  Section 553.509, Florida Statutes, is amended
337to read:
338     553.509  Vertical accessibility.--Nothing in sections
339553.501-553.513 or the guidelines shall be construed to relieve
340the owner of any building, structure, or facility governed by
341those sections from the duty to provide vertical accessibility
342to all levels above and below the occupiable grade level,
343regardless of whether the guidelines require an elevator to be
344installed in such building, structure, or facility, except for
345the areas, rooms, and spaces described in subsections (1), (2),
346and (3):
347     (1)  Elevator pits, elevator penthouses, mechanical rooms,
348piping or equipment catwalks, and automobile lubrication and
349maintenance pits and platforms.;
350     (2)  Unoccupiable spaces, such as rooms, enclosed spaces,
351and storage spaces that are not designed for human occupancy,
352for public accommodations, or for work areas.; and
353     (3)  Occupiable spaces and rooms that are not open to the
354public and that house no more than five persons, including, but
355not limited to, equipment control rooms and projection booths.
356     (4)(a)  Any person, firm, or corporation that owns,
357manages, or operates a residential multifamily dwelling,
358including a condominium, that is at least 75 feet high and
359contains a public elevator, as described in s. 399.035(2) and
360(3) and rules adopted by the Florida Building Commission, shall
361have at least one public elevator that is capable of operating
362on an alternate power source for emergency purposes. Alternate
363power shall be available for the purpose of allowing all
364residents access for a specified number of hours each day over a
3655-day period following a natural disaster, manmade disaster,
366emergency, or other civil disturbance that disrupts the normal
367supply of electricity. The alternate power source that controls
368elevator operations must also be capable of powering any
369connected fire alarm system in the building.
370     (b)  At a minimum, the elevator must be appropriately
371prewired and prepared to accept an alternate power source and
372must have a connection on the line side of the main disconnect,
373pursuant to National Electric Code Handbook, Article 700. In
374addition to the required power source for the elevator and
375connected fire alarm system in the building, the alternate power
376supply must be sufficient to provide emergency lighting to the
377interior lobbies, hallways, and other portions of the building
378used by the public. Residential multifamily dwellings must have
379an available generator and fuel source on the property or have
380proof of a current contract posted in the elevator machine room
381or other place conspicuous to the elevator inspector affirming a
382current guaranteed service contract for such equipment and fuel
383source to operate the elevator on an on-call basis within 24
384hours after a request. By December 31, 2006, any person, firm or
385corporation that owns, manages or operates a residential
386multifamily dwelling as defined in paragraph (a) must provide to
387the local building inspection agency verification of engineering
388plans for residential multifamily dwellings that provide for the
389capability to generate power by alternate means. Compliance with
390installation requirements and operational capability
391requirements must be verified by local building inspectors and
392reported to the county emergency management agency by December
39331, 2007.
394     (c)  Each newly constructed residential multifamily
395dwelling, including a condominium, that is at least 75 feet high
396and contains a public elevator, as described in s. 399.035(2)
397and (3) and rules adopted by the Florida Building Commission,
398must have at least one public elevator that is capable of
399operating on an alternate power source for the purpose of
400allowing all residents access for a specified number of hours
401each day over a 5-day period following a natural disaster,
402manmade disaster, emergency, or other civil disturbance that
403disrupts the normal supply of electricity. The alternate power
404source that controls elevator operations must be capable of
405powering any connected fire alarm system in the building. In
406addition to the required power source for the elevator and
407connected fire alarm system, the alternate power supply must be
408sufficient to provide emergency lighting to the interior
409lobbies, hallways, and other portions of the building used by
410the public. Engineering plans and verification of operational
411capability must be provided by the local building inspector to
412the county emergency management agency before occupancy of the
413newly constructed building.
414     (d)  Each person, firm, or corporation that is required to
415maintain an alternate power source under this subsection shall
416maintain a written emergency operations plan that details the
417sequence of operations before, during, and after a natural or
418manmade disaster or other emergency situation. The plan must
419include, at a minimum, a life safety plan for evacuation,
420maintenance of the electrical and lighting supply, and
421provisions for the health, safety, and welfare of the residents.
422In addition, the owner, manager, or operator of the residential
423multifamily dwelling must keep written records of any contracts
424for alternative power generation equipment. Also, quarterly
425inspection records of life safety equipment and alternate power
426generation equipment must be posted in the elevator machine room
427or other place conspicuous to the elevator inspector, which
428confirm that such equipment is properly maintained and in good
429working condition, and copies of contracts for alternate power
430generation equipment shall be maintained on site for
431verification. The written emergency operations plan and
432inspection records shall also be open for periodic inspection by
433local and state government agencies as deemed necessary. The
434owner or operator must keep a generator key in a lockbox posted
435at or near any installed generator unit.
436     (e)  Multistory affordable residential dwellings for
437persons age 62 and older that are financed or insured by the
438United States Department of Housing and Urban Development must
439make every effort to obtain grant funding from the Federal
440Government or the Florida Housing Finance Corporation to comply
441with this subsection. If an owner of such a residential dwelling
442cannot comply with the requirements of this subsection, the
443owner must develop a plan with the local emergency management
444agency to ensure that residents are evacuated to a place of
445safety in the event of a power outage resulting from a natural
446or manmade disaster or other emergency situation that disrupts
447the normal supply of electricity for an extended period of time.  
448A place of safety may include, but is not limited to, relocation
449to an alternative site within the building or evacuation to a
450local shelter.
451     (f)  As a part of the annual elevator inspection required
452under s. 399.061, certified elevator inspectors shall confirm
453that all installed generators required by this chapter are in
454working order, have current inspection records posted in the
455elevator machine room or other place conspicuous to the elevator
456inspector, and that the required generator key is present in the
457lockbox posted at or near the installed generator. If a building
458does not have an installed generator, the inspector shall
459confirm that the appropriate prewiring and switching
460capabilities are present and that a statement is posted in the
461elevator machine room or other place conspicuous to the elevator
462inspector affirming that a current guaranteed contract exists
463for contingent services for alternate power and is current for
464the operating period.
465
466However, buildings, structures, and facilities must, as a
467minimum, comply with the requirements in the Americans with
468Disabilities Act Accessibility Guidelines.
469     Section 6.  Paragraph (i) of subsection (2) of section
470252.35, Florida Statutes, is amended, paragraphs (j), (k), (l),
471(m), (n), (o), (p), (q), (r), (s), (t), (u), and (v) of that
472subsection are redesignated as paragraphs (k), (l), (m), (n),
473(o), (p), (q), (r), (u), (v), (w), (x), and (y), respectively,
474and new paragraphs (j), (s), and (t) are added to subsection (2)
475of that section, to read:
476     252.35  Emergency management powers; Division of Emergency
477Management.--
478     (2)  The division is responsible for carrying out the
479provisions of ss. 252.31-252.90. In performing its duties under
480ss. 252.31-252.90, the division shall:
481     (i)  Institute statewide public awareness programs. This
482shall include an intensive public educational campaign on
483emergency preparedness issues, including, but not limited to,
484the personal responsibility of individual citizens to be self-
485sufficient for up to 72 hours following a natural or manmade
486disaster. The public educational campaign shall include relevant
487information on statewide disaster plans, evacuation routes, fuel
488suppliers, and shelters. All educational materials must be
489available in alternative formats and mediums to ensure that they
490are available to persons with disabilities.
491     (j)  The Division of Emergency Management and the
492Department of Education shall coordinate with the Agency For
493Persons with Disabilities to provide an educational outreach
494program on disaster preparedness and readiness to individuals
495who have limited English skills and identify persons who are in
496need of assistance but are not defined under special needs
497criteria.
498     (s)  By January 1, 2007, the Division of Emergency
499Management shall complete an inventory of portable generators
500owned by the state and local governments which are capable of
501operating during a major disaster. The inventory must identify,
502at a minimum, the location of each generator, the number of
503generators stored at each specific location, the agency to which
504each generator belongs, the primary use of the generator by the
505agency that owns the generator, and the names, addresses, and
506telephone numbers of persons having the authority to loan the
507stored generators as authorized by the Division of Emergency
508Management during a declared emergency.
509     (t)  The division shall maintain an inventory list of
510generators owned by the state and local governments. In
511addition, the division may keep a list of private entities which
512offer generators for sale or lease, along with appropriate
513contact information. The list of private entities shall be
514available to the public for inspection in written and electronic
515formats.
516     Section 7.  The Legislature finds that county emergency
517operations centers should meet the minimum criteria for
518structural survivability and sufficiency of operational space,
519as determined by assessments performed by the Department of
520Community Affairs based on guidance from the Federal Emergency
521Management Agency. Criteria for a county emergency operations
522center include, but are not limited to, county population,
523hurricane evacuation clearance time for the vulnerable
524population of the county, structural survivability of the
525existing emergency operations center, and Federal Emergency
526Management Agency guidance for workspace requirements for the
527emergency operations center. First priority for funding shall be
528for county emergency operations centers where no survivable
529facility exists and where workspace deficits exist. Funding may
530not be used for land acquisition or recurring expenditures.
531Funding is limited to the construction or structural renovation
532of the county emergency operations center in order to meet
533national workspace recommendations and may not be used to
534purchase equipment, furnishings, communications, or operational
535systems. There is hereby appropriated $20 million from
536nonrecurring general revenue and $8.6 million from the U.S.
537Contributions Trust Fund to the Department of Community Affairs
538in fixed capital outlay to establish a competitive award process
539to implement this section. No more than 5 percent of the funds
540provided under this section may be used by the Department for
541administration of the funding.
542     Section 8.  Funds appropriated under this section may be
543used for increasing storage capacity; improving technologies to
544manage commodities; and enhancing the ability to maintain in a
545safe and secure manner an inventory of supplies, equipment, and
546commodities that would be needed in the immediate aftermath of a
547disaster. There is hereby appropriated $400,000 from
548nonrecurring general revenue, $1.6 million from recurring funds
549within the Emergency Management, Preparedness, and Assistance
550Trust Fund, and $4.5 million from nonrecurring funds within the
551Emergency Management Preparedness, and Assistance Trust Fund to
552the Department of Community Affairs for logistical improvements
553and technology.
554     Section 9.  Funds appropriated under this section may be
555used to update hurricane evacuation plans using Light Detecting
556and Ranging technology and the National Hurricane Center's
557computerized Sea, Lake and Overland Surges for Hurricanes model.
558There is hereby appropriated $29 million from the U.S.
559Contributions Trust Fund to the Department of Community Affairs
560to update regional hurricane evacuation plans using Light
561Detecting and Ranging Technology and the National Hurricane
562Center's computerized Sea, Lake and Overland Surges for
563Hurricanes model. Procurement of technologies to perform the
564updates and computer modeling must comply with the provisions of
565s. 287.057, Florida Statutes, requiring competitive bids. No
566more than 5 percent of the funds provided under this section may
567be used by the Department for administration of this funding.
568     Section 10.  There is hereby appropriated $76,150 from
569nonrecurring general revenue to the Department of Community
570Affairs for a study on the feasibility of incorporating
571nongovernmental agencies and private entities into the
572logistical supply and distribution system for essential
573commodities.
574     Section 11.  There is hereby appropriated $3.4 million from
575the U.S. Contributions Trust Fund to the Department of Community
576Affairs for the Division of Emergency Management's public
577awareness campaign.
578     Section 12.  If any provision of this act or its
579application to any person or circumstance is held invalid, the
580invalidity does not affect other provisions or applications of
581the act which can be given effect without the invalid provision
582or application, and to this end the provisions of this act are
583severable.
584     Section 13.  This act shall take effect July 1, 2006.


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