HB 7121

1	A bill to be entitled
2	An act relating to emergency management; providing
3	legislative findings with respect to the need for
4	improvements in the state's infrastructure in response to
5	the hurricane seasons of 2004 and 2005; providing for the
6	Legislature to make funds available to local and state
7	agencies through appropriations to the Department of
8	Community Affairs; requiring the department to establish a
9	statewide grant application process; providing criteria
10	for an appropriation to fund the construction or
11	renovation of county emergency operations centers and
12	designated alternate state emergency operations centers;
13	providing limitations on the use of such funds; requiring
14	that the release of funds be approved by the Legislative
15	Budget Commission; providing criteria for an appropriation
16	to fund equipping public special-needs hurricane
17	evacuation shelters with the permanent capacity to
18	generate emergency power; providing criteria for an
19	appropriation for retrofitting public hurricane evacuation
20	shelters; requiring that the release of funds be approved
21	by the Legislative Budget Commission; providing for funds
22	to be appropriated to improve the logistical staging and
23	warehouse capacity of commodities used following a
24	disaster; providing for funds to be appropriated for the
25	purpose of hurricane evacuation planning; providing
26	appropriations; directing the Division of Emergency
27	Management to conduct a feasibility study relating to the
28	supply and distribution of essential commodities by
29	nongovernment and private entities; creating s. 526.143,
30	F.S.; providing that each motor fuel terminal facility and
31	wholesaler that sells motor fuel in the state must be
32	capable of operating its distribution loading racks using
33	an alternate power source for a specified period by a
34	certain date; providing requirements with respect to the
35	operation of such equipment following a major disaster;
36	providing requirements with respect to inspection of such
37	equipment; requiring newly constructed or substantially
38	renovated motor fuel retail outlets to be capable of
39	operation using an alternate power source; defining
40	"substantially renovated"; requiring certain motor fuel
41	retail outlets located within a specified distance from an
42	interstate highway or state or federally designated
43	evacuation route to be capable of operation using an
44	alternate power source by a specified date; providing
45	inspection and recordkeeping requirements; providing
46	applicability; creating s. 526.144, F.S.; creating the
47	Florida Disaster Motor Fuel Supplier Program within the
48	Department of Community Affairs; providing requirements
49	for participation in the program; providing that
50	participation in the program shall be at the option of
51	each county; providing for administration of the program;
52	providing requirements of businesses certified as State
53	Emergency Response Team members; providing for preemption
54	to the state of the regulation of and requirements for
55	siting and placement of an alternate power source and any
56	related equipment at motor fuel terminal facilities,
57	wholesalers, and retail sales outlets; providing for
58	preemption to the state of the regulation of certain
59	retail establishments; providing for review of the
60	program; providing a report; amending s. 501.160, F.S.,
61	providing limiting price gouge prohibition periods;
62	providing prohibition period renewal; amending s. 553.509,
63	F.S., relating to requirements with respect to vertical
64	accessibility under part II of ch. 553, F.S., the "Florida
65	Americans With Disabilities Accessibility Implementation
66	Act"; requiring specified existing and newly constructed
67	residential multifamily dwellings to have at least one
68	public elevator that is capable of operating on an
69	alternate power source for emergency purposes; providing
70	requirements with respect to the alternate power source;
71	providing for verification of compliance by specified
72	dates; providing requirements with respect to emergency
73	operations plans and inspection records; requiring any
74	person, firm, or corporation that owns, manages or
75	operates specified multistory affordable residential
76	dwellings to attempt to obtain grant funding to comply
77	with the act; requiring an owner, manager or operator of
78	such a dwelling to develop an evacuation plan in the
79	absence of compliance with the act; providing additional
80	inspection requirements under ch. 399, F.S., the "Elevator
81	Safety Act"; amending s. 252.35, F.S.; expanding the duty
82	of the Division of Emergency Management to conduct a
83	public educational campaign on emergency preparedness
84	issues; expanding the duty of the Division of Emergency
85	Management to create and maintain lists of emergency
86	generators; providing an additional duty of the division
87	with respect to educational outreach concerning disaster
88	preparedness; providing an appropriation to the Department
89	of Community Affairs to conduct a feasibility study;
90	providing severability; amending s. 252.355, F.S.;
91	specifying additional entities and agencies that are
92	required to provide registration information to persons
93	with disabilities or special needs for purposes of
94	inclusion within the registry of persons with special
95	needs maintained by local emergency management agencies;
96	providing that the Department of Community Affairs is the
97	designated lead agency responsible for community education
98	and outreach to the general public, including persons with
99	special needs, regarding registration as a person with
100	special needs, special needs shelters, and general
101	information regarding shelter stays; providing that
102	special needs shelters must allow persons with special
103	needs to bring service animals into special needs
104	shelters; revising provisions with respect to the required
105	notification of residential utility customers of the
106	availability of the special needs registration program;
107	providing that specified confidential and exempt
108	information relating to the roster of persons with special
109	needs in special needs shelters be provided to local law
110	enforcement; creating s. 252.3568, F.S.; requiring the
111	Division of Emergency Management to address strategies for
112	the evacuation of persons with pets in the shelter
113	component of the state comprehensive emergency management
114	plan; creating s. 252.357, F.S.; requiring the Florida
115	Comprehensive Emergency Management Plan to permit the
116	Agency for Health Care Administration to make initial
117	contact with each nursing home and assisted living
118	facility in a disaster area; requiring the agency to
119	annually publish an emergency telephone number that may be
120	used by nursing homes and assisted living facilities to
121	contact the agency; amending s. 252.385, F.S., relating to
122	public shelter space; requiring the Division of Emergency
123	Management of the Department of Community Affairs to
124	biennially prepare and submit a statewide emergency
125	shelter plan to the Governor and the Cabinet for approval;
126	providing plan requirements; requiring the Department of
127	Health to provide specified assistance to the division;
128	revising the list of those facilities that are excluded as
129	being suitable for use as public hurricane evacuation
130	shelters; requiring local emergency management agencies to
131	coordinate with public facilities to determine readiness
132	prior to activation; amending s. 381.0303, F.S.; providing
133	for the operation of special needs shelters; providing
134	that local Children's Medical Services offices shall
135	assume lead responsibility for specified coordination with
136	respect to the development of a plan for the staffing and
137	medical management of pediatric special needs shelters;
138	requiring that such plans conform to the local
139	comprehensive emergency management plan; requiring county
140	governments to assist the Department of Health with
141	nonmedical staffing and operation of special needs
142	shelters; requiring county health departments and
143	emergency management agencies to coordinate such efforts
144	to ensure appropriate staffing; providing that the
145	appropriate county health department, Children's Medical
146	Services office, and local emergency management agency
147	shall jointly determine the responsibility for medical
148	supervision in a special needs shelter; providing
149	notification requirements; requiring the emergency
150	management agency and the local health department to
151	coordinate efforts to ensure appropriate designation,
152	operation, and closure of special needs shelters;
153	requiring the Secretary of Elderly Affairs to convene
154	multiagency special needs shelter discharge planning teams
155	to assist local areas that are severely impacted by a
156	natural or manmade disaster that requires the use of
157	special needs shelters; providing duties and
158	responsibilities of such discharge planning teams;
159	providing for the inclusion of specified state agency
160	representatives on each discharge planning team; revising
161	provisions relating to reimbursement of health care
162	practitioners; providing for eligibility of specified
163	health care facilities for reimbursement when a
164	multiagency special needs shelter discharge planning team
165	discharges persons with special needs to such receiving
166	facilities; providing procedures and requirements with
167	respect to such reimbursement; requiring the department to
168	specify by rule expenses that are reimbursable and the
169	rate of reimbursement for services; revising provisions
170	that prescribe means of and procedures for reimbursement;
171	disallowing specified reimbursements; revising provisions
172	with respect to the organization, role, duties, and
173	composition of the special needs shelter interagency
174	committee; requiring the department to adopt specified
175	rules with respect to special needs shelters; amending ss.
176	400.492, 400.497, 400.506, 400.610, and 400.934, F.S.;
177	revising requirements with respect to the comprehensive
178	emergency management plans of home health agencies, nurse
179	registries, and hospices, and providing requirements with
180	respect to home medical equipment providers, to include
181	the means by which continuing services will be provided to
182	patients who evacuate to special needs shelters;
183	authorizing the establishment of links to local emergency
184	operations centers for specified purposes; revising
185	requirements of a county health department with respect to
186	review of a comprehensive emergency management plan
187	submitted by a home health agency, nurse registry, or
188	hospice; providing requirements upon failure to submit a
189	plan or requested information to the department; providing
190	for imposition of a fine; revising requirements of the
191	Department of Health with respect to review of the plan of
192	a home health agency or hospice that operates in more than
193	one county; providing that the preparation and maintenance
194	of a comprehensive emergency management plan by a home
195	medical equipment provider is a requirement for licensure
196	and must meet minimum criteria established by the Agency
197	for Health Care Administration; providing plan
198	requirements; providing that the plan is subject to review
199	and approval by the county health department; requiring
200	each home medical equipment provider to maintain a current
201	prioritized list of patients who need continued services
202	during an emergency; amending s. 400.925, F.S.; defining
203	"life-supporting or life-sustaining equipment" for
204	purposes of part X of ch. 400, F.S., relating to home
205	medical equipment providers; amending s. 400.935, F.S.;
206	requiring the Agency for Health Care Administration to
207	adopt rules with respect to the comprehensive emergency
208	management plan prepared by a home medical equipment
209	services provider; amending s. 408.831, F.S.; providing
210	that entities regulated or licensed by the Agency for
211	Health Care Administration may exceed their licensed
212	capacity to act as receiving facilities under specified
213	circumstances; providing requirements while such entities
214	are in an overcapacity status; providing for issuance of
215	an inactive license to such licensees under specified
216	conditions; providing requirements and procedures with
217	respect to the issuance and reactivation of an inactive
218	license; providing fees; requiring certain health
219	insurance companies to waive restrictions on filling
220	prescriptions during a declared State of Emergency;
221	providing effective dates.
222
223	Be It Enacted by the Legislature of the State of Florida:
224
225	Section 1.  The Legislature finds that there is a
226	compelling need for improvements in infrastructure, as
227	identified during the 2004 and 2005 hurricane seasons, in order
228	to better protect the residents of this state. Based on the
229	criteria specified in this section, the Legislature shall make
230	funds available to local and state agencies through
231	appropriations to the Department of Community Affairs for the
232	purpose of enhancing public education and information,
233	constructing or improving county emergency operations centers
234	and designated alternate state emergency operations centers,
235	providing emergency power for public special-needs hurricane
236	evacuation shelters, retrofitting public hurricane evacuation
237	shelters, improving logistical staging and warehouse capacity
238	for commodities, and planning for hurricane evacuations. The
239	criteria in this section shall be considered by the Legislature
240	in determining eligibility for funding.
241	(1)(a)  The Legislature finds that county emergency
242	operations centers and designated alternate state emergency
243	operations centers should meet minimum criteria for structural
244	survivability and sufficiency of operational space, as
245	determined by assessments performed by the Department of
246	Community Affairs using the structural requirements of American
247	Red Cross Standard ARC 4496, "Guidelines for Hurricane
248	Evacuation Shelter Selection," and based on guidance from the
249	Federal Emergency Management Agency. Criteria for prioritizing
250	and recommending the funding for county emergency operations
251	centers and designated alternate state emergency operations
252	centers include, but are not limited to, county population,
253	hurricane evacuation clearance time for the vulnerable
254	population of the county, structural survivability of the
255	existing emergency operations center, and guidance of the
256	Federal Emergency Management Agency for workspace requirements
257	for the emergency operations center. First priority for funding
258	recommendations shall be for county emergency operations centers
259	or designated alternate state emergency operations centers where
260	no survivable facility exists and where workspace deficits
261	exist. Funding recommendations made pursuant to this paragraph
262	may not include land acquisition; the purchase of equipment,
263	furnishings, communications, or operational systems; or
264	recurring expenditures. Funding recommendations must be limited
265	to the construction or structural renovation of the county
266	emergency operations center or designated alternate state
267	emergency operations centers needed to meet the same structural
268	requirements of American Red Cross Standard ARC 4496,
269	"Guidelines for Hurricane Evacuation Shelter Selection," and
270	national workspace recommendations. The Department of Community
271	Affairs shall establish a statewide competitive grant
272	application process for proposals to construct or improve county
273	emergency operations centers such that those centers would, upon
274	completion of the project, meet minimum criteria as specified in
275	this section. The application may contain one or more
276	independent proposals for:
277	1.  A construction or improvement project requesting state
278	financial assistance or having received state financial
279	assistance which also includes facility hardening or mitigation
280	and which qualifies for funding under the federal Hazard
281	Mitigation Grant Program. These proposals must document the
282	commitment of all local funds needed and identify the proposed
283	state and federal funding needed, based on the funding criteria
284	specified in this paragraph, to complete the project for a fully
285	operational county emergency operations center or designated
286	alternate state emergency operations center.
287	2.  A construction or improvement project to be funded with
288	local or other nonstate funds which includes facility hardening
289	or mitigation and which qualifies for funding under the federal
290	Hazard Mitigation Grant Program. These proposals must document
291	the commitment of all local funds needed and identify the
292	proposed federal funding needed, based on the funding criteria
293	in this paragraph, to complete the project for a fully
294	operational county emergency operations center or a designated
295	alternate state emergency operations center.
296	(b)  The department shall prioritize all properly submitted
297	project applications based on minimum criteria as specified in
298	this section, local government participation, and documented
299	need. In reviewing proposals, the department must take into
300	consideration all state funds already provided for the project
301	which have not been expended but which will decrease the
302	project's fiscal need once expended. The amount of a project's
303	cost recommended for funding by the department shall be limited
304	to those costs considered reasonably necessary to meet minimum
305	criteria specified in this section. The release of any funds
306	specifically appropriated to implement this subsection must be
307	approved by the Legislative Budget Commission. Upon completion
308	of the prioritization process, and no later than November 1,
309	2006, the department shall submit to the Legislative Budget
310	Commission for approval a comprehensive funding proposal for the
311	construction of and improvements to county emergency operations
312	centers and designated alternate state emergency operations
313	centers using appropriated funds. The proposal submitted to the
314	Legislative Budget Commission must include a detailed
315	identification of the project and the corresponding detailed
316	local, state, and federal funding proposed for each project. In
317	order to ensure the maximum use of federal funds that are
318	available for the Hazard Mitigation Grant Program, any federal
319	funds appropriated to implement this subsection which remain
320	after fully allocating those funds to proposals under
321	subparagraphs 1. and 2. may be used to fund proposals for
322	retrofitting hurricane evacuation shelters under subsection (3).
323	Any federal funds appropriated to implement this paragraph which
324	remain after fully allocating those funds for proposals under
325	subparagraphs 1. and 2. and subsection (3) shall be appropriated
326	for distribution pursuant to chapter 9G-22, Florida
327	Administrative Code. The Executive Office of the Governor may
328	submit a budget amendment to transfer those funds in accordance
329	with chapter 216, Florida Statutes.
330	(2)  The Legislature finds that by June 1, 2007, all
331	designated public special-needs hurricane evacuation shelters
332	should be equipped with permanent emergency power generating
333	capacity in order to provide electrical power for necessary
334	medical equipment for persons housed in the shelter and for
335	heating, ventilating, and air-conditioning the facility. An
336	appropriation for equipping a public special-needs hurricane
337	evacuation shelter with permanent emergency power generating
338	capacity may also be used in coordination with local communities
339	in order to increase the number of special-needs shelter spaces
340	that are available and to ensure that a sufficient number of
341	public special-needs shelters are designated to meet the
342	anticipated demand based on the best available data as
343	determined jointly by the Department of Community Affairs and
344	the Department of Health.
345	(3)  The Legislature finds that retrofitting public
346	hurricane evacuation shelters is an efficient and economical
347	method of accelerating the state and local efforts to reduce the
348	deficit in shelter space. Criteria for assessing and
349	prioritizing the funding needs for retrofitting public hurricane
350	evacuation shelters include, but are not limited to, the
351	project's ability to meet the structural and siting requirements
352	of American Red Cross Standard ARC 4496, "Guidelines for
353	Hurricane Evacuation Shelter Selection," once completed; the
354	shelter needs of the local government as well as the overall
355	needs of the hurricane evacuation planning region; the cost-
356	effectiveness of the project in terms of the number of public
357	hurricane evacuation spaces; and the priority ranking of the
358	proposed project in the applicable local mitigation strategy.
359	The Department of Community Affairs shall establish a statewide
360	competitive grant application process for retrofitting public
361	hurricane evacuation shelters to meet the minimum criteria
362	specified in this section. In reviewing proposals, the
363	department shall consider all state funds already provided for
364	the project which have not been expended but which will decrease
365	the project's fiscal need once expended. The department shall
366	prioritize all properly submitted project applications based on
367	criteria specified in this section and documented need. The
368	release of any funds specifically appropriated to implement this
369	subsection must be approved by the Legislative Budget
370	Commission. Upon completion of the prioritization process, and
371	no later than November 1, 2006, the department shall recommend
372	funding for retrofitting public hurricane evacuation shelters to
373	the Legislative Budget Commission for approval. In order to
374	ensure maximum use of federal funds available for the Hazard
375	Mitigation Grant Program, any federal funds appropriated to
376	implement this subsection which are remaining after fully
377	allocating those funds to proposals under this subsection shall
378	be appropriated for distribution pursuant to chapter 9G-22,
379	Florida Administrative Code. The Executive Office of the
380	Governor may submit a budget amendment to transfer those funds
381	in accordance with the provisions of chapter 216, Florida
382	Statutes.
383	(4)  The Legislature finds that improved logistical staging
384	and warehouse capacity for commodities will help ensure that
385	adequate supplies, equipment, and commodities are available and
386	accessible for purposes of responding to disasters. Appropriated
387	funds may be used for increasing storage capacity; improving
388	technologies to manage commodities; and enhancing the state's
389	ability to maintain in a safe and secure manner an inventory of
390	supplies, equipment, and commodities that would be needed in the
391	immediate aftermath of a disaster. The release of any funds
392	specifically appropriated to implement this subsection must be
393	approved by the Legislative Budget Commission. The department
394	shall submit a funding plan for improved logistical staging and
395	warehouse capacity to the Legislative Budget Commission for
396	approval by September 1, 2006. Procurement of technologies to
397	perform inventory tracking and commodities management must
398	comply with the provisions of s. 287.057, Florida Statutes,
399	requiring competitive bids.
400	(5)  The Legislature finds that hurricane evacuation
401	planning is a critical task that must be completed in the most
402	effective and efficient manner possible. Appropriated funds may
403	be used to update current regional evacuation plans and shall
404	incorporate current transportation networks, behavioral studies,
405	and vulnerability studies. In addition, funds may be used to
406	perform computer-modeling analysis on the effects of storm-surge
407	events. Procurement of technologies to perform the updates and
408	computer modeling must comply with the provisions s. 287.057,
409	Florida Statutes, requiring competitive bids.
410	Section 2.  The sum of $13.2 million in fixed capital
411	outlay is appropriated from the General Revenue Fund and the sum
412	of $39.6 million is appropriated from the U.S. Contributions
413	Trust Fund to the Department of Community Affairs for the
414	purpose of implementing the provisions of this act relating to
415	providing emergency power generators in special-needs shelters
416	during the 2006-2007 state fiscal year. The Department of
417	Community Affairs may not use more than 5 percent of these funds
418	to administer the funding provided.
419	Section 3.  The sum of $15 million in fixed capital outlay
420	is appropriated from the U.S. Contributions Trust Fund to the
421	Department of Community Affairs for the purpose of implementing
422	the provisions of this act relating to retrofitting public
423	hurricane evacuation shelters during the 2006-2007 state fiscal
424	year. The Department of Community Affairs may not use more than
425	5 percent of these funds to administer the funding provided.
426	Section 4.  The sum of $29 million is appropriated from the
427	U.S. Contributions Trust Fund to the Department of Community
428	Affairs for the purpose of implementing the provisions of this
429	act relating to hurricane evacuation planning during the 2006-
430	2007 state fiscal year. The Department of Community Affairs may
431	not use more than 5 percent of these funds to administer the
432	funding provided.
433	Section 5.  The sum of $2.1 million in recurring funds is
434	appropriated from the General Revenue Fund and the sum of $4.4
435	million is appropriated from the Emergency Management
436	Preparedness and Assistance Trust Fund to the Department of
437	Community Affairs for the 2006-2007 state fiscal year.
438	Notwithstanding s. 252.373, Florida Statutes, these funds may be
439	used to implement the provisions of this act relating to
440	improved logistical staging and warehouse capacity for
441	commodities.
442	Section 6.  The sum of $20 million in fixed capital outlay
443	is appropriated from the General Revenue Fund and the sum of $25
444	million is appropriated from the U.S. Contributions Trust Fund
445	to the Department of Community Affairs for the purpose of
446	implementing the provisions of this act relating to county
447	emergency operations centers and designated alternate state
448	emergency operations centers during the 2006-2007 state fiscal
449	year. The Department of Community Affairs may not use more than
450	5 percent of these funds to administer the funding provided.
451	Section 7.  The sum of $3.4 million is appropriated from
452	the U.S. Contributions Trust Fund to the Department of Community
453	Affairs for the purpose of implementing the provisions of this
454	act relating to enhanced public education and information on
455	hurricane preparedness during the 2006-2007 state fiscal year.
456	Section 8.  The Legislature finds that there is a
457	compelling need to better coordinate emergency response
458	capabilities among local, state, federal, nongovernment, and
459	private sector partners to provide the best and most effective
460	postdisaster services to the people of the State of Florida.  In
461	order to encourage the rapid recovery of economies in disaster
462	affected areas, the Legislature finds that programs to restore
463	normal commerce in communities should be a part of the State
464	Comprehensive Emergency Management Plan. The Legislature
465	recognizes nongovernment agencies and the private sector as key
466	partners in disaster preparedness, response, and recovery.
467	Further, the Legislature recognizes the demonstrated abilities
468	and contributions of these entities in successfully providing
469	logistical support and commodities through well-proven
470	distribution systems. In order to enhance the State
471	Comprehensive Plan, the Division of Emergency Management within
472	the Department of Community Affairs is directed to conduct a
473	feasibility study on incorporating into the state's emergency
474	management plan the logistical supply and distribution of
475	essential commodities by nongovernment agencies and private
476	entities. In conducting the study, the division shall consult
477	with the Florida Retail Federation, the Florida Petroleum
478	Council, the Florida Petroleum Marketers and Convenience Store
479	Association, the Florida Emergency Preparedness Association, the
480	American Red Cross, Volunteer Florida, and other entities as
481	appropriate. As part of the study, the division shall create a
482	set of operational standards that may be adopted by retail
483	establishments to qualify for preemption from local government
484	regulations in response to a disaster. No later than February 1,
485	2007, the division shall make recommendations based on the study
486	to the Governor, the President of the Senate, and the Speaker of
487	the House of Representatives, and shall provide a set of
488	operational standards for retail establishments which are
489	recognized as part of the state emergency management plan. These
490	standards must be met in order for retail establishments to
491	participate in the state emergency response to a disaster and to
492	qualify for preemption of regulation of such businesses to the
493	state during such a response.
494	Section 9.  Effective July 1, 2006, section 526.143,
495	Florida Statutes, is created to read:
496	526.143  Alternate generated power capacity for motor fuel
497	dispensing facilities.--
498	(1)  By June 1, 2007, each motor fuel terminal facility, as
499	defined in s. 526.303(16), and each wholesaler, as defined in s.
500	526.303(17), which sells motor fuel in this state must be
501	capable of operating its distribution loading racks using an
502	alternate generated power source for a minimum of 72 hours.
503	Pending a postdisaster examination of the equipment by the
504	operator to determine any extenuating damage that would render
505	it unsafe to use, the facility must have such alternate
506	generated power source available for operation no later than 36
507	hours after a major disaster as defined in s. 252.34.
508	Installation of appropriate wiring, including a transfer switch,
509	shall be performed by a certified electrical contractor. Each
510	business that is subject to this subsection must keep a copy of
511	the documentation of such installation on site or at its
512	corporate headquarters. In addition, each business must keep a
513	written statement attesting to the periodic testing and ensured
514	operational capacity of the equipment. The required documents
515	must be made available, upon request, to the Division of
516	Emergency Management and the director of the county emergency
517	management agency.
518	(2)  Each newly constructed or substantially renovated
519	motor fuel retail outlet, as defined in s. 526.303(14), for
520	which a certificate of occupancy is issued on or after July 1,
521	2006, shall be prewired with an appropriate transfer switch, and
522	capable of operating all fuel pumps, dispensing equipment, life-
523	safety systems, and payment-acceptance equipment using an
524	alternate generated power source.  As used in this subsection,
525	the term "substantially renovated" means a renovation that
526	results in an increase of greater than 50 percent in the
527	assessed value of the motor fuel retail outlet. Local building
528	inspectors shall include this equipment and operations check in
529	the normal inspection process before issuing a certificate of
530	occupancy. Each retail outlet that is subject to this subsection
531	must keep a copy of the certificate of occupancy on site or at
532	its corporate headquarters. In addition, each retail outlet must
533	keep a written statement attesting to the periodic testing of
534	and ensured operational capability of the equipment. The
535	required documents must be made available, upon request, to the
536	Division of Emergency Management and the director of the county
537	emergency management agency.
538	(3)(a)  No later than June 1, 2007, each motor fuel retail
539	outlet described in subparagraph 1., subparagraph 2., or
540	subparagraph 3., which is located within one-half mile proximate
541	to an interstate highway or state or federally designated
542	evacuation route must be prewired with an appropriate transfer
543	switch and be capable of operating all fuel pumps, dispensing
544	equipment, life-safety systems, and payment-acceptance equipment
545	using an alternate generated power source:
546	1.  A motor fuel retail outlet located in a county having a
547	population of 300,000 or more which has 16 or more fueling
548	positions.
549	2.  A motor fuel retail outlet located in a county having a
550	population of 100,000 or more, but fewer than 300,000, which has
551	12 or more fueling positions.
552	3.  A motor fuel retail outlet located in a county having a
553	population of fewer than 100,000 which has eight or more fueling
554	positions.
555	(b)  Installation of appropriate wiring and transfer
556	switches must be performed by a certified electrical contractor.
557	Each retail outlet that is subject to this subsection must keep
558	a copy of the documentation of such installation on site or at
559	its corporate headquarters. In addition, each retail outlet must
560	keep a written statement attesting to the periodic testing of
561	and ensured operational capacity of the equipment. The required
562	documents must be made available, upon request, to the Division
563	of Emergency Management and the director of the county emergency
564	management agency.
565	(4)(a)  Subsections (2) and (3) apply to any self-service,
566	full-service, or combination self-service and full-service motor
567	fuel retail outlet regardless of whether the retail outlet is
568	located on the grounds of, or is owned by, another retail
569	business establishment that does not engage in the business of
570	selling motor fuel.
571	(b)  Subsections (2) and (3) do not apply to:
572	1.  An automobile dealer;
573	2.  A person who operates a fleet of motor vehicles;
574	3.  A person who sells motor fuel exclusively to a fleet of
575	motor vehicles; or
576	4.  A motor fuel retail outlet that has a written agreement
577	with a public hospital, in a form approved by the Division of
578	Emergency Management, wherein the public hospital agrees to
579	provide the motor fuel retail outlet with an alternative means
580	of power generation onsite so that the outlet's fuel pumps may
581	be operated in the event of a power outage.
582	(5)(a)  Each corporation or other entity that owns 10 or
583	more motor fuel retail outlets located within a single county
584	shall maintain at least one portable generator that is capable
585	of providing an alternate generated power source as required
586	under subsection (2) for every 10 outlets. If an entity owns
587	more than 10 outlets or a multiple of 10 outlets plus an
588	additional six outlets, the entity must provide one additional
589	generator to accommodate such additional outlets.  Each portable
590	generator must be stored within this state, or may be stored in
591	another state if located within 250 miles of this state, and
592	must be available for use in an affected location within 24
593	hours after a disaster.
594	(b)  Each corporation or other entity that owns 10 or more
595	motor fuel retail outlets located within a single domestic
596	security region, as determined pursuant to s. 943.0312(1), and
597	that does not own additional outlets located outside the
598	domestic security region shall maintain a written document of
599	agreement with one or more similarly equipped entities for the
600	use of portable generators that may be used to meet the
601	requirements of paragraph (a) and that are located within this
602	state but outside the affected domestic security region. The
603	agreement may be reciprocal, may allow for payment for services
604	rendered by the providing entity, and must guarantee the
605	availability of the portable generators to an affected location
606	within 24 hours after a disaster.
607	(c)  For purposes of this section, ownership of a motor
608	fuel retail outlet shall be the owner of record of the fuel
609	storage systems operating at the location, as identified in the
610	Department of Environmental Protection underground storage
611	facilities registry pursuant to s. 376.303(1).
612	Section 10.  Effective July 1, 2006, section 526.144,
613	Florida Statutes, is created to read:
614	526.144  Florida Disaster Motor Fuel Supplier Program.--
615	(1)(a)  There is created the Florida Disaster Motor Fuel
616	Supplier Program within the Department of Community Affairs.
617	(b)  Participation in the program shall be at the option of
618	each county governing body. In counties choosing to participate
619	in the program, the local emergency management agency shall be
620	primarily responsible for administering the program within those
621	counties. Nothing in this section requires participation in the
622	program.
623	(c)  In participating counties, the Florida Disaster Motor
624	Fuel Supplier Program shall allow any retail motor fuel outlet
625	doing business in those counties to participate in a network of
626	emergency responders to provide fuel supplies and services to
627	government agencies, medical institutions and facilities,
628	critical infrastructure, and other responders, as well as the
629	general public, during a declared disaster as described in s.
630	252.36(2).
631	(d)  Retail motor fuel outlets doing business in
632	participating counties that choose to become members of the
633	Florida Disaster Motor Fuel Supplier Program must be able to
634	demonstrate the capability to provide onsite fuel dispensing
635	services to other members of the State Emergency Response Team
636	within 24 hours after a major disaster has occurred and agree to
637	make such service available as needed. Local emergency
638	management agencies may determine appropriate measures for
639	determining such readiness, including acceptance of a written
640	attestation from the retail motor fuel outlet, a copy of an
641	executed contract for services, or other documents or activities
642	that demonstrate readiness. Participating retail motor fuel
643	outlets may choose to sell motor fuel through a pre-existing
644	contract with local, state, or federal response agencies or may
645	provide point-of-sale service to such agencies. In addition,
646	participating retail motor fuel outlets may choose to sell motor
647	fuel to the general public upon compliance with requirements to
648	provide service under ss. 252.35 and 252.38 as directed by
649	county or state emergency management officials. This section
650	does not preclude any retail motor fuel outlet from selling fuel
651	during lawful operating hours. Nonparticipating motor fuel
652	retail outlets may not operate during declared curfew hours. If
653	requested, appropriate law enforcement or security personnel may
654	be provided through emergency management protocol to the
655	participating business for the purpose of maintaining civil
656	order during operating hours.
657	(e)  Motor fuel outlets that choose to participate in the
658	Florida Disaster Motor Fuel Supplier Program pursuant to
659	paragraph (d) may be issued a State Emergency Response Team logo
660	by the participating county emergency management agency for
661	public display to alert emergency responders and the public that
662	the business is capable of assisting in an emergency.
663	(f)  Counties that choose to participate in the Florida
664	Disaster Motor Fuel Supplier Program may charge a fee to cover
665	the actual costs of accepting a retail motor fuel outlet into
666	the program, including the cost of performing any required
667	review, filing of necessary forms, and producing logo decals for
668	public display. Additional charges may not be imposed for
669	processing individual documents associated with the program.
670	Funds collected shall be deposited into an appropriate county
671	operating account.
672	(3)  Persons who are designated as members of the State
673	Emergency Response Team and who can produce appropriate
674	identification, as determined by state or county emergency
675	management officials, shall be given priority for purchasing
676	fuel at businesses designated as members of the State Emergency
677	Response Team. A business may be directed by county or state
678	emergency management officials to remain open during a declared
679	curfew in order to provide service for emergency personnel.
680	Under such direction, the business is not in violation of the
681	curfew and may not be penalized for such operation and the
682	emergency personnel are not in violation of the curfew. A person
683	traveling during a curfew must be able to produce valid official
684	documentation of his or her position with the State Emergency
685	Response Team or the local emergency management agency. Such
686	documentation may include, but need not be limited to, a current
687	SERT identification badge, current law enforcement or other
688	response agency identification or shield, current health care
689	employee identification card, or current government services
690	identification card indicating a critical services position.
691	(4)  A business that is designated as a member of the State
692	Emergency Response Team may request priority in receiving a
693	resupply of fuel in order to continue service to emergency
694	responders. Such request is not binding but shall be considered
695	by emergency management officials in determining appropriate
696	response actions.
697	(5)(a)  Notwithstanding any other law or local ordinance
698	and for the purpose of ensuring an appropriate emergency
699	management response following major disasters in this state, the
700	regulation, siting, and placement of alternate power source
701	capabilities and equipment at motor fuel terminal facilities,
702	motor fuel wholesalers, and motor fuel retail sales outlets are
703	preempted to the state.
704	(b)  Notwithstanding any other law or other ordinance and
705	for the purpose of ensuring an appropriate emergency management
706	response following major disasters in this state, the regulation
707	of all other retail establishments participating in such
708	response shall be as follows:
709	1.  Regulation of retail establishments that meet the
710	standards created by the Division of Emergency Management in the
711	report required in section 8 of this act by July 1, 2007, is
712	preempted to the state and until such standards are adopted, the
713	regulation of these retail establishments is preempted to the
714	state;
715	2.  The division shall provide written certification of
716	such preemption to retail establishments that qualify and shall
717	provide such information to local governments upon request; and
718	3.  Regulation of retail establishments that do not meet
719	the operational standards is subject to local government laws or
720	ordinances.
721	(6)  The Energy Office of the Department of Environmental
722	Protection shall review situational progress in post-disaster
723	motor fuel supply distribution and provide a report to the
724	Legislature by March 1, 2007. The report must include
725	information concerning statewide compliance with s. 526.143,
726	Florida Statutes, and an identification of all motor fuel retail
727	outlets that are participating in the Florida Disaster Motor
728	Fuel Supplier Program.
729	Section 11.  Effective July 1, 2006, subsection (2) of
730	section 501.160, Florida Statutes, is amended to read:
731	501.160  Rental or sale of essential commodities during a
732	declared state of emergency; prohibition against unconscionable
733	prices.--
734	(2)  Upon a declaration of a state of emergency by the
735	Governor, it is unlawful and a violation of s. 501.204 for a
736	person or her or his agent or employee to rent or sell or offer
737	to rent or sell at an unconscionable price within the area for
738	which the state of emergency is declared, any essential
739	commodity including, but not limited to, supplies, services,
740	provisions, or equipment that is necessary for consumption or
741	use as a direct result of the emergency.  This prohibition is
742	effective not to exceed 60 days under the initial declared state
743	of emergency as defined in s. 252.36(2) and shall be renewed by
744	statement in any subsequent renewals of the declared state of
745	emergency by the Governor remains in effect until the
746	declaration expires or is terminated.
747	Section 12.  Effective July 1, 2006, section 553.509,
748	Florida Statutes, is amended to read:
749	553.509  Vertical accessibility.--
750	(1)  Nothing in sections 553.501-553.513 or the guidelines
751	shall be construed to relieve the owner of any building,
752	structure, or facility governed by those sections from the duty
753	to provide vertical accessibility to all levels above and below
754	the occupiable grade level, regardless of whether the guidelines
755	require an elevator to be installed in such building, structure,
756	or facility, except for:
757	(a)(1)  Elevator pits, elevator penthouses, mechanical
758	rooms, piping or equipment catwalks, and automobile lubrication
759	and maintenance pits and platforms;
760	(b)(2)  Unoccupiable spaces, such as rooms, enclosed
761	spaces, and storage spaces that are not designed for human
762	occupancy, for public accommodations, or for work areas; and
763	(c)(3)  Occupiable spaces and rooms that are not open to
764	the public and that house no more than five persons, including,
765	but not limited to, equipment control rooms and projection
766	booths.
767	(2)(a)  Any person, firm, or corporation that owns,
768	manages, or operates a residential multifamily dwelling,
769	including a condominium, that is at least 75 feet high and
770	contains a public elevator, as described in s. 399.035(2) and
771	(3) and rules adopted by the Florida Building Commission, shall
772	have at least one public elevator that is capable of operating
773	on an alternate power source for emergency purposes. Alternate
774	power shall be available for the purpose of allowing all
775	residents access for a specified number of hours each day over a
776	5-day period following a natural disaster, manmade disaster,
777	emergency, or other civil disturbance that disrupts the normal
778	supply of electricity. The alternate power source that controls
779	elevator operations must also be capable of powering any
780	connected fire alarm system in the building.
781	(b)  At a minimum, the elevator must be appropriately pre-
782	wired and prepared to accept an alternate power source and must
783	have a connection on the line side of the main disconnect,
784	pursuant to National Electric Code Handbook, Article 700. In
785	addition to the required power source for the elevator and
786	connected fire alarm system in the building, the alternate power
787	supply must be sufficient to provide emergency lighting to the
788	interior lobbies, hallways, and other portions of the building
789	used by the public. Residential multifamily dwellings must have
790	an available generator and fuel source on the property or have
791	proof of a current contract posted in the elevator machine room
792	or other place conspicuous to the elevator inspector affirming a
793	current guaranteed service contract for such equipment and fuel
794	source to operate the elevator on an on-call basis within 24
795	hours after a request. By December 31, 2006, any person, firm or
796	corporation that owns, manages or operates a residential
797	multifamily dwelling as defined in paragraph (2)(a) must provide
798	to the local building inspection agency verification of
799	engineering plans for residential multifamily dwellings that
800	provide for the capability to generate power by alternate means.
801	Compliance with installation requirements and operational
802	capability requirements must be verified by local building
803	inspectors and reported to the county emergency management
804	agency by December 31, 2007.
805	(c)  Each newly constructed residential multifamily
806	dwelling, including a condominium, that is at least 75 feet high
807	and contains a public elevator, as described in s. 399.035(2)
808	and (3) and rules adopted by the Florida Building Commission,
809	must have at least one public elevator that is capable of
810	operating on an alternate power source for the purpose of
811	allowing all residents access for a specified number of hours
812	each day over a 5-day period following a natural disaster,
813	manmade disaster, emergency, or other civil disturbance that
814	disrupts the normal supply of electricity. The alternate power
815	source that controls elevator operations must be capable of
816	powering any connected fire alarm system in the building. In
817	addition to the required power source for the elevator and
818	connected fire alarm system, the alternate power supply must be
819	sufficient to provide emergency lighting to the interior
820	lobbies, hallways, and other portions of the building used by
821	the public. Engineering plans and verification of operational
822	capability must be provided by the local building inspector to
823	the county emergency management agency before occupancy of the
824	newly constructed building.
825	(d)  Each person, firm, or corporation that is required to
826	maintain an alternate power source under this subsection shall
827	maintain a written emergency operations plan that details the
828	sequence of operations before, during, and after a natural or
829	manmade disaster or other emergency situation. The plan must
830	include, at a minimum, a life safety plan for evacuation,
831	maintenance of the electrical and lighting supply, and
832	provisions for the health, safety, and welfare of the residents.
833	In addition, the owner, manager, or operator of the residential
834	multifamily dwelling must keep written records of any contracts
835	for alternative power generation equipment. Also, quarterly
836	inspection records of life safety equipment and alternate power
837	generation equipment must be posted in the elevator machine room
838	or other place conspicuous to the elevator inspector, which
839	confirm that such equipment is properly maintained and in good
840	working condition, and copies of contracts for alternate power
841	generation equipment shall be maintained on site for
842	verification. The written emergency operations plan and
843	inspection records shall also be open for periodic inspection by
844	local and state government agencies as deemed necessary. The
845	owner or operator must keep a generator key in a lockbox posted
846	at or near any installed generator unit.
847	(e)  Multistory affordable residential dwellings for
848	persons age 62 and older that are financed or insured by the
849	United States Department of Housing and Urban Development must
850	make every effort to obtain grant funding from the Federal
851	Government or the Florida Housing Finance Corporation to comply
852	with this subsection. If an owner of such a residential dwelling
853	cannot comply with the requirements of this subsection, the
854	owner must develop a plan with the local emergency management
855	agency to ensure that residents are evacuated to a place of
856	safety in the event of a power outage resulting from a natural
857	or manmade disaster or other emergency situation that disrupts
858	the normal supply of electricity for an extended period of time.
859	A place of safety may include, but is not limited to, relocation
860	to an alternative site within the building or evacuation to a
861	local shelter.
862	(f)  As a part of the annual elevator inspection required
863	under s. 399.061, certified elevator inspectors shall confirm
864	that all installed generators required by this chapter are in
865	working order, have current inspection records posted in the
866	elevator machine room or other place conspicuous to the elevator
867	inspector, and that the required generator key is present in the
868	lockbox posted at or near the installed generator. If a building
869	does not have an installed generator, the inspector shall
870	confirm that the appropriate pre-wiring and switching
871	capabilities are present and that a statement is posted in the
872	elevator machine room or other place conspicuous to the elevator
873	inspector affirming a current guaranteed contract exists for
874	contingent services for alternate power is current for the
875	operating period.
876
877	However, buildings, structures, and facilities must, as a
878	minimum, comply with the requirements in the Americans with
879	Disabilities Act Accessibility Guidelines.
880	Section 13.  Effective July 1, 2006, paragraph (i) of
881	subsection (2) of section 252.35, Florida Statutes, is amended,
882	present paragraphs (j) through (q) of that subsection are
883	redesignated as paragraphs (k) through (r), respectively,
884	present paragraphs (r) through (v) of that subsection are
885	redesignated as paragraphs (u) through (y), respectively, and
886	new paragraphs (j), (s), and (t) are added to that subsection to
887	read:
888	252.35  Emergency management powers; Division of Emergency
889	Management.--
890	(2)  The division is responsible for carrying out the
891	provisions of ss. 252.31-252.90.  In performing its duties under
892	ss. 252.31-252.90, the division shall:
893	(i)  Institute statewide public awareness programs.  This
894	shall include an intensive public educational campaign on
895	emergency preparedness issues, including, but not limited to,
896	the personal responsibility of individual citizens to be self-
897	sufficient for up to 72 hours following a natural or manmade
898	disaster. The public educational campaign shall include relevant
899	information on statewide disaster plans, evacuation routes, fuel
900	suppliers, and shelters. All educational materials must be
901	available in alternative formats and mediums to ensure that they
902	are available to persons with disabilities.
903	(j)  The Division of Emergency Management and the
904	Department of Education shall coordinate with the Agency For
905	Persons with Disabilities to provide an educational outreach
906	program on disaster preparedness and readiness to individuals
907	who have limited English skills and identify persons who are in
908	need of assistance but are not defined under special-needs
909	criteria.
910	(s)  By January 1, 2007, the Division of Emergency
911	Management shall complete an inventory of portable generators
912	owned by the state and local governments which are capable of
913	operating during a major disaster. The inventory must identify,
914	at a minimum, the location of each generator, the number of
915	generators stored at each specific location, the agency to which
916	each the generator belongs, the primary use of the generator by
917	the owner agency, and the names, addresses, and telephone
918	numbers of persons having the authority to loan the stored
919	generators as authorized by the Division of Emergency Management
920	during a declared emergency.
921	(t)  The division shall maintain an inventory list of
922	generators owned by the state and local governments. In
923	addition, the division may keep a list of private entities,
924	along with appropriate contact information, which offer
925	generators for sale or lease. The list of private entities shall
926	be available to the public for inspection in written and
927	electronic formats.
928	Section 14.  There is appropriated $76,150 in nonrecurring
929	general revenue funds to the Department of Community Affairs for
930	a study on the feasibility of incorporating nongovernment
931	agencies and private entities into the logistical supply and
932	distribution system for essential commodities. This section
933	takes effect July 1, 2006.
934	Section 15.  If any provision of this act or its
935	application to any person or circumstance is held invalid, the
936	invalidity does not affect other provisions or applications of
937	the act which can be given effect without the invalid provision
938	or application, and to this end the provisions of this act are
939	severable.
940	Section 16.  Effective July 1, 2006, section 252.355,
941	Florida Statutes, is amended to read:
942	252.355  Registry of persons with special needs; notice.--
943	(1)  In order to meet the special needs of persons who
944	would need assistance during evacuations and sheltering because
945	of physical, mental, cognitive impairment, or sensory
946	disabilities, each local emergency management agency in the
947	state shall maintain a registry of persons with special needs
948	located within the jurisdiction of the local agency.  The
949	registration shall identify those persons in need of assistance
950	and plan for resource allocation to meet those identified needs.
951	To assist the local emergency management agency in identifying
952	such persons, home health agencies, hospices, nurse registries,
953	home medical equipment providers, the Department of Children and
954	Family Services, Department of Health, Agency for Health Care
955	Administration, Department of Education, Agency for Persons with
956	Disabilities, Labor and Employment Security, and Department of
957	Elderly Affairs shall provide registration information to all of
958	their special needs clients and to all persons with special
959	needs who receive services incoming clients as a part of the
960	intake process. The registry shall be updated annually.  The
961	registration program shall give persons with special needs the
962	option of preauthorizing emergency response personnel to enter
963	their homes during search and rescue operations if necessary to
964	assure their safety and welfare following disasters.
965	(2)  The Department of Community Affairs shall be the
966	designated lead agency responsible for community education and
967	outreach to the public, including special needs clients,
968	regarding registration and special needs shelters and general
969	information regarding shelter stays.
970	(3)  A person with special needs must be allowed to bring
971	his or her service animal into a special needs shelter in
972	accordance with s. 413.08.
973	(4)(a)(2)  On or before May 31 May 1 of each year each
974	electric utility in the state shall annually notify residential
975	customers in its service area of the availability of the
976	registration program available through their local emergency
977	management agency by:.
978	1.  An initial notification upon the activation of new
979	residential service with the electric utility, followed by one
980	annual notification between January 1 and May 31; or
981	2.  Two separate annual notifications between January 1 and
982	May 31.
983	(b)  The notification may be made by any available means,
984	including, but not limited to, written, electronic, or verbal
985	notification, and may be made concurrently with any other
986	notification to residential customers required by law or rule.
987	(5)(3)  All records, data, information, correspondence, and
988	communications relating to the registration of persons with
989	special needs as provided in subsection (1) are confidential and
990	exempt from the provisions of s. 119.07(1), except that such
991	information shall be available to other emergency response
992	agencies, as determined by the local emergency management
993	director. Local law enforcement agencies shall be given complete
994	shelter roster information upon request.
995	(6)(4)  All appropriate agencies and community-based
996	service providers, including home health care providers,
997	hospices, nurse registries, and home medical equipment
998	providers, shall assist emergency management agencies by
999	collecting registration information for persons with special
1000	needs as part of program intake processes, establishing programs
1001	to increase the awareness of the registration process, and
1002	educating clients about the procedures that may be necessary for
1003	their safety during disasters. Clients of state or federally
1004	funded service programs with physical, mental, cognitive
1005	impairment, or sensory disabilities who need assistance in
1006	evacuating, or when in shelters, must register as persons with
1007	special needs.
1008	Section 17.  Effective July 1, 2006, section 252.3568,
1009	Florida Statutes, is created to read:
1010	252.3568  Emergency sheltering of persons with pets.--In
1011	accordance with s. 252.35, the division shall address strategies
1012	for the evacuation of persons with pets in the shelter component
1013	of the state comprehensive emergency management plan and shall
1014	include the requirement for similar strategies in its standards
1015	and requirements for local comprehensive emergency management
1016	plans. The Department of Agriculture and Consumer Services shall
1017	assist the division in determining strategies regarding this
1018	activity.
1019	Section 18.  Effective July 1, 2006, section 252.357,
1020	Florida Statutes, is created to read:
1021	252.357  Monitoring of nursing homes and assisted living
1022	facilities during disaster.--The Florida Comprehensive Emergency
1023	Management Plan shall permit the Agency for Health Care
1024	Administration, working from the agency's offices or in the
1025	Emergency Operations Center, ESF-8, to make initial contact with
1026	each nursing home and assisted living facility in the disaster
1027	area. The agency, by July 15, 2006, and annually thereafter,
1028	shall publish on the Internet an emergency telephone number that
1029	may be used by nursing homes and assisted living facilities to
1030	contact the agency on a schedule established by the agency to
1031	report requests for assistance. The agency may also provide the
1032	telephone number to each facility when it makes the initial
1033	facility call.
1034	Section 19.  Effective July 1, 2006, subsections (2) and
1035	(4) of section 252.385, Florida Statutes, are amended to read:
1036	252.385  Public shelter space.--
1037	(2)(a)  The division shall administer a program to survey
1038	existing schools, universities, community colleges, and other
1039	state-owned, municipally owned, and county-owned public
1040	buildings and any private facility that the owner, in writing,
1041	agrees to provide for use as a public hurricane evacuation
1042	shelter to identify those that are appropriately designed and
1043	located to serve as such shelters. The owners of the facilities
1044	must be given the opportunity to participate in the surveys. The
1045	state university boards of trustees Board of Regents, district
1046	school boards, community college boards of trustees, and the
1047	Department of Education are responsible for coordinating and
1048	implementing the survey of public schools, universities, and
1049	community colleges with the division or the local emergency
1050	management agency.
1051	(b)  By January 31 of each even-numbered year, the division
1052	shall prepare and submit a statewide emergency shelter plan to
1053	the Governor and Cabinet for approval, subject to the
1054	requirements for approval in s. 1013.37(2). The plan shall
1055	identify the general location and square footage of special
1056	needs shelters, by regional planning council region, during the
1057	next 5 years. The plan shall also include information on the
1058	availability of shelters that accept pets. The Department of
1059	Health shall assist the division in determining the estimated
1060	need for special needs shelter space and the adequacy of
1061	facilities to meet the needs of persons with special needs based
1062	on information from the registries of persons with special needs
1063	and other information.
1064	(4)(a)  Public facilities, including schools, postsecondary
1065	education facilities, and other facilities owned or leased by
1066	the state or local governments, but excluding hospitals, hospice
1067	care facilities, assisted living facilities, and or nursing
1068	homes, which are suitable for use as public hurricane evacuation
1069	shelters shall be made available at the request of the local
1070	emergency management agencies. The local emergency management
1071	agency shall coordinate with these entities to ensure that
1072	designated facilities are ready to activate prior to a specific
1073	hurricane or disaster. Such agencies shall coordinate with the
1074	appropriate school board, university, community college, or
1075	local governing board when requesting the use of such facilities
1076	as public hurricane evacuation shelters.
1077	(b)  The Department of Management Services shall
1078	incorporate provisions for the use of suitable leased public
1079	facilities as public hurricane evacuation shelters into lease
1080	agreements for state agencies. Suitable leased public facilities
1081	include leased public facilities that are solely occupied by
1082	state agencies and have at least 2,000 square feet of net floor
1083	area in a single room or in a combination of rooms having a
1084	minimum of 400 square feet in each room. The net square footage
1085	of floor area shall must be determined by subtracting from the
1086	gross square footage the square footage of spaces such as
1087	mechanical and electrical rooms, storage rooms, open corridors,
1088	restrooms, kitchens, science or computer laboratories, shop or
1089	mechanical areas, administrative offices, records vaults, and
1090	crawl spaces.
1091	(c)  The Department of Management Services shall, in
1092	consultation with local and state emergency management agencies,
1093	assess Department of Management Services facilities to identify
1094	the extent to which each facility has public hurricane
1095	evacuation shelter space. The Department of Management Services
1096	shall submit proposed facility retrofit projects that
1097	incorporate hurricane protection enhancements to the department
1098	for assessment and inclusion in the annual report prepared in
1099	accordance with subsection (3).
1100	Section 20.  Effective July 1, 2006, section 381.0303,
1101	Florida Statutes, is amended to read:
1102	(Substantial rewording of section. See
1103	s. 381.0303, F.S., for present text.)
1104	381.0303  Special needs shelters.--
1105	(1)  PURPOSE.--The purpose of this section is to provide
1106	for the operation and closure of special needs shelters and to
1107	designate the Department of Health, through its county health
1108	departments, as the lead agency for coordination of the
1109	recruitment of health care practitioners, as defined in s.
1110	456.001(4), to staff special needs shelters in times of
1111	emergency or disaster and to provide resources to the department
1112	to carry out this responsibility. However, nothing in this
1113	section prohibits a county health department from entering into
1114	an agreement with a local emergency management agency to assume
1115	the lead responsibility for recruiting health care
1116	practitioners.
1117	(2)  SPECIAL NEEDS SHELTER PLAN; STAFFING; STATE AGENCY
1118	ASSISTANCE.--If funds have been appropriated to support disaster
1119	coordinator positions in county health departments:
1120	(a)  The department shall assume lead responsibility for
1121	the coordination of local medical and health care providers, the
1122	American Red Cross, and other interested parties in developing a
1123	plan for the staffing and medical management of special needs
1124	shelters. The local Children's Medical Services offices shall
1125	assume lead responsibility for the coordination of local medical
1126	and health care providers, the American Red Cross, and other
1127	interested parties in developing a plan for the staffing and
1128	medical management of pediatric special needs shelters. Plans
1129	must conform to the local comprehensive emergency management
1130	plan.
1131	(b)  County health departments shall, in conjunction with
1132	the local emergency management agencies, have the lead
1133	responsibility for coordination of the recruitment of health
1134	care practitioners to staff local special needs shelters. County
1135	health departments shall assign their employees to work in
1136	special needs shelters when those employees are needed to
1137	protect the health and safety of persons with special needs.
1138	County governments shall assist the department with nonmedical
1139	staffing and the operation of special needs shelters. The local
1140	health department and emergency management agency shall
1141	coordinate these efforts to ensure appropriate staffing in
1142	special needs shelters.
1143	(c)  The appropriate county health department, Children's
1144	Medical Services office, and local emergency management agency
1145	shall jointly decide who has responsibility for medical
1146	supervision in each special needs shelter.
1147	(d)  Local emergency management agencies shall be
1148	responsible for the designation and operation of special needs
1149	shelters during times of emergency or disaster and the closure
1150	of the facilities following an emergency or disaster. The local
1151	health department and emergency management agency shall
1152	coordinate these efforts to ensure the appropriate designation
1153	and operation of special needs shelters. County health
1154	departments shall assist the local emergency management agency
1155	with regard to the management of medical services in special
1156	needs shelters.
1157	(e)  The Secretary of Elderly Affairs, or his or her
1158	designee, shall convene, at any time that he or she deems
1159	appropriate and necessary, a multiagency special needs shelter
1160	discharge planning team to assist local areas that are  severely
1161	impacted by a natural or manmade disaster that requires the use
1162	of special needs shelters. Multiagency special needs shelter
1163	discharge planning teams shall provide assistance to local
1164	emergency management agencies with the continued operation or
1165	closure of the shelters, as well as with the discharge of
1166	special needs clients to alternate facilities if necessary.
1167	Local emergency management agencies may request the assistance
1168	of a multiagency special needs shelter discharge planning team
1169	by alerting statewide emergency management officials of the
1170	necessity for additional assistance in their area. The Secretary
1171	of Elderly Affairs is encouraged to proactively work with other
1172	state agencies prior to any natural disasters for which warnings
1173	are provided to ensure that multiagency special needs shelter
1174	discharge planning teams are ready to assemble and deploy
1175	rapidly upon a determination by state emergency management
1176	officials that a disaster area requires additional assistance.
1177	The Secretary of Elderly Affairs may call upon any state agency
1178	or office to provide staff to assist a multiagency special needs
1179	shelter discharge planning team. Unless the secretary
1180	determines that the nature or circumstances surrounding the
1181	disaster do not warrant participation from a particular agency's
1182	staff, each multiagency special needs shelter discharge planning
1183	team shall include at least one representative from each of the
1184	following state agencies:
1185	1.  Department of Elderly Affairs.
1186	2.  Department of Health.
1187	3.  Department of Children and Family Services.
1188	4.  Department of Veterans' Affairs.
1189	5.  Department of Community Affairs.
1190	6.  Agency for Health Care Administration.
1191	7.  Agency for Persons with Disabilities.
1192	(3)  REIMBURSEMENT TO HEALTH CARE PRACTITIONERS AND
1193	FACILITIES.--
1194	(a)  The department shall, upon request, reimburse in
1195	accordance with paragraph (b):
1196	1.  Health care practitioners, as defined in s. 456.001,
1197	provided the practitioner is not providing care to a patient
1198	under an existing contract, and emergency medical technicians
1199	and paramedics licensed under chapter 401 for medical care
1200	provided at the request of the department in special needs
1201	shelters or at other locations during times of emergency or a
1202	declared disaster. Reimbursement for health care practitioners,
1203	except for physicians licensed under chapter 458 or chapter 459,
1204	shall be based on the average hourly rate that such
1205	practitioners were paid according to the most recent survey of
1206	Florida hospitals conducted by the Florida Hospital Association
1207	or other nationally recognized or state-recognized data source.
1208	2.  Health care facilities, such as hospitals, nursing
1209	homes, assisted living facilities, and community residential
1210	homes, if, upon closure of a special needs shelter, a
1211	multiagency special needs shelter discharge planning team
1212	determines that it is necessary to discharge persons with
1213	special needs to other health care facilities. The receiving
1214	facilities are eligible for reimbursement for services provided
1215	to the individuals for up to 90 days. A facility must show proof
1216	of a written request from a representative of an agency serving
1217	on the multiagency special needs shelter discharge planning team
1218	that the individual for whom the facility is seeking
1219	reimbursement for services rendered was referred to that
1220	facility from a special needs shelter. The department shall
1221	specify by rule which expenses are reimbursable and the rate of
1222	reimbursement for each service.
1223	(b)  Reimbursement is subject to the availability of
1224	federal funds and shall be requested on forms prepared by the
1225	department. If a Presidential Disaster Declaration has been
1226	issued, the department shall request federal reimbursement of
1227	eligible expenditures. The department may not provide
1228	reimbursement to facilities under this subsection for services
1229	provided to a person with special needs if, during the period of
1230	time in which the services were provided, the individual was
1231	enrolled in another state-funded program, such as Medicaid or
1232	another similar program, was covered under a policy of health
1233	insurance as defined in s. 624.603, or was a member of a health
1234	maintenance organization or prepaid health clinic as defined in
1235	chapter 641, which would otherwise pay for the same services.
1236	Travel expense and per diem costs shall be reimbursed pursuant
1237	to s. 112.061.
1238	(4)  HEALTH CARE PRACTITIONER REGISTRY.--The department may
1239	use the registries established in ss. 401.273 and 456.38 when
1240	health care practitioners are needed to staff special needs
1241	shelters or to assist with other disaster-related activities.
1242	(5)  SPECIAL NEEDS SHELTER INTERAGENCY COMMITTEE.--The
1243	Secretary of Health may establish a special needs shelter
1244	interagency committee and serve as, or appoint a designee to
1245	serve as, the committee's chair. The department shall provide
1246	any necessary staff and resources to support the committee in
1247	the performance of its duties. The committee shall address and
1248	resolve problems related to special needs shelters not addressed
1249	in the state comprehensive emergency medical plan and shall
1250	consult on the planning and operation of special needs shelters.
1251	(a)  The committee shall:
1252	1.  Develop, negotiate, and regularly review any necessary
1253	interagency agreements.
1254	2.  Undertake other such activities as the department deems
1255	necessary to facilitate the implementation of this section.
1256	3.  Submit recommendations to the Legislature as necessary.
1257	(b)  The special needs shelter interagency committee shall
1258	be composed of representatives of emergency management, health,
1259	medical, and social services organizations. Membership shall
1260	include, but shall not be limited to, representatives of the
1261	Departments of Health, Community Affairs, Children and Family
1262	Services, Elderly Affairs, and Education; the Agency for Health
1263	Care Administration; the Florida Medical Association; the
1264	Florida Osteopathic Medical Association; Associated Home Health
1265	Industries of Florida, Inc.; the Florida Nurses Association; the
1266	Florida Health Care Association; the Florida Assisted Living
1267	Affiliation; the Florida Hospital Association; the Florida
1268	Statutory Teaching Hospital Council; the Florida Association of
1269	Homes for the Aging; the Florida Emergency Preparedness
1270	Association; the American Red Cross; Florida Hospices and
1271	Palliative Care, Inc.; the Association of Community Hospitals
1272	and Health Systems; the Florida Association of Health
1273	Maintenance Organizations; the Florida League of Health Systems;
1274	the Private Care Association; the Salvation Army; the Florida
1275	Association of Aging Services Providers; the AARP; and the
1276	Florida Renal Coalition.
1277	(c)  Meetings of the committee shall be held in
1278	Tallahassee, and members of the committee shall serve at the
1279	expense of the agencies or organizations they represent. The
1280	committee shall make every effort to use teleconference or video
1281	conference capabilities in order to ensure statewide input and
1282	participation.
1283	(6)  RULES.--The department has the authority to adopt
1284	rules necessary to implement this section. Rules shall include:
1285	(a)  The definition of a "person with special needs,"
1286	including eligibility criteria for individuals with physical,
1287	mental, cognitive impairment, or sensory disabilities and the
1288	services a person with special needs can expect to receive in a
1289	special needs shelter.
1290	(b)  The process for special needs shelter health care
1291	practitioners and facility reimbursement for services provided
1292	in a disaster.
1293	(c)  Guidelines for special needs shelter staffing levels
1294	to provide services.
1295	(d)  The definition of and standards for special needs
1296	shelter supplies and equipment, including durable medical
1297	equipment.
1298	(e)  Standards for the special needs shelter registration
1299	process, including guidelines for addressing the needs of
1300	unregistered persons in need of a special needs shelter.
1301	(f)  Standards for addressing the needs of families where
1302	only one dependent is eligible for admission to a special needs
1303	shelter and the needs of adults with special needs who are
1304	caregivers for individuals without special needs.
1305	(g)  The requirement of the county health departments to
1306	seek the participation of hospitals, nursing homes, assisted
1307	living facilities, home health agencies, hospice providers,
1308	nurse registries, home medical equipment providers, dialysis
1309	centers, and other health and medical emergency preparedness
1310	stakeholders in pre-event planning activities.
1311	(7)  EMERGENCY MANAGEMENT PLANS.--The submission of
1312	emergency management plans to county health departments by home
1313	health agencies, nurse registries, hospice programs, and home
1314	medical equipment providers is conditional upon receipt of an
1315	appropriation by the department to establish disaster
1316	coordinator positions in county health departments unless the
1317	secretary of the department and a local county commission
1318	jointly determine to require that such plans be submitted based
1319	on a determination that there is a special need to protect
1320	public health in the local area during an emergency.
1321	Section 21.  Effective July 1, 2006, section 400.492,
1322	Florida Statutes, is amended to read:
1323	400.492  Provision of services during an emergency.--Each
1324	home health agency shall prepare and maintain a comprehensive
1325	emergency management plan that is consistent with the standards
1326	adopted by national or state accreditation organizations and
1327	consistent with the local special needs plan. The plan shall be
1328	updated annually and shall provide for continuing home health
1329	services during an emergency that interrupts patient care or
1330	services in the patient's home. The plan shall include the means
1331	by which the home health agency will continue to provide staff
1332	to perform the same type and quantity of services to their
1333	patients who evacuate to special needs shelters that were being
1334	provided to those patients prior to evacuation. The plan shall
1335	describe how the home health agency establishes and maintains an
1336	effective response to emergencies and disasters, including:
1337	notifying staff when emergency response measures are initiated;
1338	providing for communication between staff members, county health
1339	departments, and local emergency management agencies, including
1340	a backup system; identifying resources necessary to continue
1341	essential care or services or referrals to other organizations
1342	subject to written agreement; and prioritizing and contacting
1343	patients who need continued care or services.
1344	(1)  Each patient record for patients who are listed in the
1345	registry established pursuant to s. 252.355 shall include a
1346	description of how care or services will be continued in the
1347	event of an emergency or disaster. The home health agency shall
1348	discuss the emergency provisions with the patient and the
1349	patient's caregivers, including where and how the patient is to
1350	evacuate, procedures for notifying the home health agency in the
1351	event that the patient evacuates to a location other than the
1352	shelter identified in the patient record, and a list of
1353	medications and equipment which must either accompany the
1354	patient or will be needed by the patient in the event of an
1355	evacuation.
1356	(2)  Each home health agency shall maintain a current
1357	prioritized list of patients who need continued services during
1358	an emergency. The list shall indicate how services shall be
1359	continued in the event of an emergency or disaster for each
1360	patient and if the patient is to be transported to a special
1361	needs shelter, and shall indicate if the patient is receiving
1362	skilled nursing services and the patient's medication and
1363	equipment needs. The list shall be furnished to county health
1364	departments and to local emergency management agencies, upon
1365	request.
1366	(3)  Home health agencies shall not be required to continue
1367	to provide care to patients in emergency situations that are
1368	beyond their control and that make it impossible to provide
1369	services, such as when roads are impassable or when patients do
1370	not go to the location specified in their patient records. Home
1371	health agencies may establish links to local emergency
1372	operations centers to determine a mechanism by which to approach
1373	specific areas within a disaster area in order for the agency to
1374	reach its clients. Home health agencies shall demonstrate a good
1375	faith effort to comply with the requirements of this subsection
1376	by documenting attempts of staff to follow procedures outlined
1377	in the home health agency's comprehensive emergency management
1378	plan, and by the patient's record, which support a finding that
1379	the provision of continuing care has been attempted for those
1380	patients who have been identified as needing care by the home
1381	health agency and registered under s. 252.355, in the event of
1382	an emergency or disaster under subsection (1).
1383	(4)  Notwithstanding the provisions of s. 400.464(2) or any
1384	other provision of law to the contrary, a home health agency may
1385	provide services in a special needs shelter located in any
1386	county.
1387	Section 22.  Effective July 1, 2006, subsection (8) of
1388	section 400.497, Florida Statutes, is amended to read:
1389	400.497  Rules establishing minimum standards.--The agency
1390	shall adopt, publish, and enforce rules to implement this part,
1391	including, as applicable, ss. 400.506 and 400.509, which must
1392	provide reasonable and fair minimum standards relating to:
1393	(8)  Preparation of a comprehensive emergency management
1394	plan pursuant to s. 400.492.
1395	(a)  The Agency for Health Care Administration shall adopt
1396	rules establishing minimum criteria for the plan and plan
1397	updates, with the concurrence of the Department of Health and in
1398	consultation with the Department of Community Affairs.
1399	(b)  The rules must address the requirements in s. 400.492.
1400	In addition, the rules shall provide for the maintenance of
1401	patient-specific medication lists that can accompany patients
1402	who are transported from their homes.
1403	(c)  The plan is subject to review and approval by the
1404	county health department. During its review, the county health
1405	department shall contact state and local health and medical
1406	stakeholder when necessary. ensure that the following agencies,
1407	at a minimum, are given the opportunity to review the plan:
1408	1.  The local emergency management agency.
1409	2.  The Agency for Health Care Administration.
1410	3.  The local chapter of the American Red Cross or other
1411	lead sheltering agency.
1412	4.  The district office of the Department of Children and
1413	Family Services.
1414
1415	The county health department shall complete its review to ensure
1416	that the plan is in accordance with the criteria in the Agency
1417	for Health Care Administration rules within 90 60 days after
1418	receipt of the plan and shall either approve the plan or advise
1419	the home health agency of necessary revisions. If the home
1420	health agency fails to submit a plan or fails to submit the
1421	requested information or revisions to the county health
1422	department within 30 days after written notification from the
1423	county health department, the county health department shall
1424	notify the Agency for Health Care Administration. The agency
1425	shall notify the home health agency that its failure constitutes
1426	a deficiency, subject to a fine of $5,000 per occurrence. If the
1427	plan is not submitted, information is not provided, or revisions
1428	are not made as requested, the agency may impose the fine.
1429	(d)  For any home health agency that operates in more than
1430	one county, the Department of Health shall review the plan,
1431	after consulting with state and local health and medical
1432	stakeholders when necessary all of the county health
1433	departments, the agency, and all the local chapters of the
1434	American Red Cross or other lead sheltering agencies in the
1435	areas of operation for that particular home health agency. The
1436	department of Health shall complete its review within 90 days
1437	after receipt of the plan and shall either approve the plan or
1438	advise the home health agency of necessary revisions. The
1439	department of Health shall make every effort to avoid imposing
1440	differing requirements on a home health agency that operates in
1441	more than one county as a result of differing or conflicting
1442	comprehensive plan requirements of the based on differences
1443	between counties in which on the home health agency operates.
1444	(e)  The requirements in this subsection do not apply to:
1445	1.  A facility that is certified under chapter 651 and has
1446	a licensed home health agency used exclusively by residents of
1447	the facility; or
1448	2.  A retirement community that consists of residential
1449	units for independent living and either a licensed nursing home
1450	or an assisted living facility, and has a licensed home health
1451	agency used exclusively by the residents of the retirement
1452	community, provided the comprehensive emergency management plan
1453	for the facility or retirement community provides for continuous
1454	care of all residents with special needs during an emergency.
1455	Section 23.  Effective July 1, 2006, subsection (16) of
1456	section 400.506, Florida Statutes, is amended to read:
1457	400.506  Licensure of nurse registries; requirements;
1458	penalties.--
1459	(16)  Each nurse registry shall prepare and maintain a
1460	comprehensive emergency management plan that is consistent with
1461	the criteria in this subsection and with the local special needs
1462	plan. The plan shall be updated annually. The plan shall include
1463	the means by which the nurse registry will continue to provide
1464	the same type and quantity of services to its patients who
1465	evacuate to special needs shelters which were being provided to
1466	those patients prior to evacuation. The plan shall specify how
1467	the nurse registry shall facilitate the provision of continuous
1468	care by persons referred for contract to persons who are
1469	registered pursuant to s. 252.355 during an emergency that
1470	interrupts the provision of care or services in private
1471	residencies. Nurse registries may establish links to local
1472	emergency operations centers to determine a mechanism by which
1473	to approach specific areas within a disaster area in order for a
1474	provider to reach its clients. Nurse registries shall
1475	demonstrate a good-faith effort to comply with the requirements
1476	of this subsection by documenting attempts of staff to follow
1477	procedures outlined in the nurse registry's comprehensive
1478	emergency management plan which support a finding that the
1479	provision of continuing care has been attempted for patients
1480	identified as needing care by the nurse registry and registered
1481	under s. 252.355 in the event of an emergency under s.
1482	400.506(1).
1483	(a)  All persons referred for contract who care for persons
1484	registered pursuant to s. 252.355 must include in the patient
1485	record a description of how care will be continued during a
1486	disaster or emergency that interrupts the provision of care in
1487	the patient's home. It shall be the responsibility of the person
1488	referred for contract to ensure that continuous care is
1489	provided.
1490	(b)  Each nurse registry shall maintain a current
1491	prioritized list of patients in private residences who are
1492	registered pursuant to s. 252.355 and are under the care of
1493	persons referred for contract and who need continued services
1494	during an emergency. This list shall indicate, for each patient,
1495	if the client is to be transported to a special needs shelter
1496	and if the patient is receiving skilled nursing services. Nurse
1497	registries shall make this list available to county health
1498	departments and to local emergency management agencies upon
1499	request.
1500	(c)  Each person referred for contract who is caring for a
1501	patient who is registered pursuant to s. 252.355 shall provide a
1502	list of the patient's medication and equipment needs to the
1503	nurse registry. Each person referred for contract shall make
1504	this information available to county health departments and to
1505	local emergency management agencies upon request.
1506	(d)  Each person referred for contract shall not be
1507	required to continue to provide care to patients in emergency
1508	situations that are beyond the person's control and that make it
1509	impossible to provide services, such as when roads are
1510	impassable or when patients do not go to the location specified
1511	in their patient records.
1512	(e)  The comprehensive emergency management plan required
1513	by this subsection is subject to review and approval by the
1514	county health department. During its review, the county health
1515	department shall contact state and local health and medical
1516	stakeholders when necessary ensure that, at a minimum, the local
1517	emergency management agency, the Agency for Health Care
1518	Administration, and the local chapter of the American Red Cross
1519	or other lead sheltering agency are given the opportunity to
1520	review the plan. The county health department shall complete its
1521	review to ensure that the plan complies with the criteria in the
1522	Agency for Health Care Administration rules within 90 60 days
1523	after receipt of the plan and shall either approve the plan or
1524	advise the nurse registry of necessary revisions. If a nurse
1525	registry fails to submit a plan or fails to submit requested
1526	information or revisions to the county health department within
1527	30 days after written  notification from the county health
1528	department, the county health department shall notify the Agency
1529	for Health Care  Administration. The agency shall notify the
1530	nurse registry that its failure constitutes a deficiency,
1531	subject to a fine of $5,000 per occurrence. If the plan is not
1532	submitted, information is not provided, or revisions are not
1533	made as requested, the agency may impose the fine.
1534	(f)  The Agency for Health Care Administration shall adopt
1535	rules establishing minimum criteria for the comprehensive
1536	emergency management plan and plan updates required by this
1537	subsection, with the concurrence of the Department of Health and
1538	in consultation with the Department of Community Affairs.
1539	Section 24.  Effective July 1, 2006, subsection (1) of
1540	section 400.610, Florida Statutes, is amended to read:
1541	400.610  Administration and management of a hospice.--
1542	(1)  A hospice shall have a clearly defined organized
1543	governing body, consisting of a minimum of seven persons who are
1544	representative of the general population of the community
1545	served. The governing body shall have autonomous authority and
1546	responsibility for the operation of the hospice and shall meet
1547	at least quarterly.  The governing body shall:
1548	(a)  Adopt an annual plan for the operation of the hospice,
1549	which shall include a plan for providing for uncompensated care
1550	and philanthropic community activities.
1551	(b)1.  Prepare and maintain a comprehensive emergency
1552	management plan that provides for continuing hospice services in
1553	the event of an emergency that is consistent with local special
1554	needs plans. The plan shall include provisions for ensuring
1555	continuing care to hospice patients who go to special needs
1556	shelters. The plan shall include the means by which the hospice
1557	provider will continue to provide staff to provide the same type
1558	and quantity of services to their patients who evacuate to
1559	special needs shelters which were being provided to those
1560	patients prior to evacuation. The plan is subject to review and
1561	approval by the county health department, except as provided in
1562	subparagraph 2. During its review, the county health department
1563	shall contact state and local health and medical stakeholders
1564	when necessary ensure that the department, the agency, and the
1565	local chapter of the American Red Cross or other lead sheltering
1566	agency have an opportunity to review and comment on the plan.
1567	The county health department shall complete its review to ensure
1568	that the plan complies with criteria in rules of the Department
1569	of Elderly Affairs within 90 60 days after receipt of the plan
1570	and shall either approve the plan or advise the hospice of
1571	necessary revisions. Hospice providers may establish links to
1572	local emergency operations centers to determine a mechanism by
1573	which to approach specific areas within a disaster area in order
1574	for the provider to reach its clients. A hospice shall
1575	demonstrate a good-faith effort to comply with the requirements
1576	of this paragraph by documenting attempts of staff to follow
1577	procedures as outlined in the hospice's comprehensive emergency
1578	management plan and to provide continuing care for those hospice
1579	clients who have been identified as needing alternative
1580	caregiver services in the event of an emergency.
1581	2.  For any hospice that operates in more than one county,
1582	the Department of Health during its review shall contact state
1583	and local health and medical stakeholders when necessary review
1584	the plan, after consulting with all of the county health
1585	departments, the agency, and all the local chapters of the
1586	American Red Cross or other lead sheltering agency in the areas
1587	of operation for that particular hospice. The Department of
1588	Health shall complete its review to ensure that the plan
1589	complies with criteria in rules of the Department of Elderly
1590	Affairs within 90 days after receipt of the plan and shall
1591	either approve the plan or advise the hospice of necessary
1592	revisions. The Department of Health shall make every effort to
1593	avoid imposing on the hospice differing requirements on a
1594	hospice that operates in more than one county as a result of
1595	differing or conflicting comprehensive plan requirements of the
1596	based on differences between counties in which the hospice
1597	operates.
1598	(c)  Adopt an annual budget.
1599	(d)  Appoint a director who shall be responsible for the
1600	day-to-day management and operation of the hospice and who shall
1601	serve as the liaison between the governing body and the hospice
1602	staff.
1603	(e)  Undertake such additional activities as necessary to
1604	ensure that the hospice is complying with the requirements for
1605	hospice services as set forth in this part.
1606	Section 25.  Effective July 1, 2006, present subsections
1607	(13) through (16) of section 400.925, Florida Statutes, are
1608	redesignated as subsections (14) through (17) respectively, and
1609	a new subsection (13) is added to that section, to read:
1610	400.925  Definitions.--As used in this part, the term:
1611	(13)  "Life-supporting or life-sustaining equipment" means
1612	a device that is essential to, or that yields information that
1613	is essential to, the restoration or continuation of a bodily
1614	function important to the continuation of human life. Life-
1615	supporting or life-sustaining equipment includes apnea monitors,
1616	enteral feeding pumps, infusion pumps, portable home dialysis
1617	equipment, and ventilator equipment and supplies for all related
1618	equipment, including oxygen equipment and related respiratory
1619	equipment.
1620	Section 26.  Effective July 1, 2006, subsections (20),
1621	(21), and (22) are added to section 400.934, Florida Statutes,
1622	to read:
1623	400.934  Minimum standards.--As a requirement of licensure,
1624	home medical equipment providers shall:
1625	(20)(a)  Prepare and maintain a comprehensive emergency
1626	management plan that meets minimum criteria established by
1627	agency rule under s. 400.935. The plan shall be updated annually
1628	and shall provide for continuing home medical equipment services
1629	for life-supporting or life-sustaining equipment, as defined in
1630	s. 400.925, during an emergency that interrupts home medical
1631	equipment services in a patient's home. The plan shall include:
1632	1.  The means by which the home medical equipment provider
1633	will continue to provide equipment to perform the same type and
1634	quantity of services to its patients who evacuate to special
1635	needs shelters which were being provided to those patients prior
1636	to evacuation.
1637	2.  The means by which the home medical equipment provider
1638	establishes and maintains an effective response to emergencies
1639	and disasters, including plans for:
1640	a.  Notification of staff when emergency response measures
1641	are initiated.
1642	b.  Communication between staff members, county health
1643	departments, and local emergency management agencies, which
1644	includes provisions for a backup communications system.
1645	c.  Identification of resources necessary to continue
1646	essential care or services or referrals to other organizations
1647	subject to written agreement.
1648	d.  Contacting and prioritizing patients in need of
1649	continued medical equipment services and supplies.
1650	(b)  The plan is subject to review and approval by the
1651	county health department. During its review, the county health
1652	department shall contact state and local health and medical
1653	stakeholders when necessary. The county health department shall
1654	complete its review to ensure that the plan is in accordance
1655	with the criteria in the Agency for Health Care Administration
1656	rules within 90 days after receipt of the plan. If a home
1657	medical equipment provider fails to submit a plan or fails to
1658	submit requested information or revisions to the county health
1659	department within 30 days after written notification from the
1660	county health department, the county health department shall
1661	notify the Agency for Health Care Administration. The agency
1662	shall notify the home medical equipment provider that such
1663	failure constitutes a deficiency, subject to a fine of $5,000
1664	per occurrence. If the plan is not submitted, information is not
1665	provided, or revisions are not made as requested, the agency may
1666	impose the fine.
1667	(21)  Each home medical equipment provider shall maintain a
1668	current prioritized list of patients who need continued services
1669	during an emergency. The list shall indicate the means by which
1670	services shall be continued for each patient in the event of an
1671	emergency or disaster, whether the patient is to be transported
1672	to a special needs shelter, and whether the patient has life-
1673	supporting or life-sustaining equipment, including the specific
1674	type of equipment and related supplies. The list shall be
1675	furnished to county health departments and local emergency
1676	management agencies upon request.
1677	(22)  Home medical equipment providers may establish links
1678	to local emergency operations centers to determine a mechanism
1679	by which to approach specific areas within a disaster area in
1680	order for the provider to reach its patients.
1681	Section 27.  Effective July 1, 2006, subsection (11) is
1682	added to section 400.935, Florida Statutes, to read:
1683	400.935  Rules establishing minimum standards.--The agency
1684	shall adopt, publish, and enforce rules to implement this part,
1685	which must provide reasonable and fair minimum standards
1686	relating to:
1687	(11)  Preparation of the comprehensive emergency management
1688	plan under s. 400.934 and the establishment of minimum criteria
1689	for the plan, including the maintenance of patient equipment and
1690	supply lists that can accompany patients who are transported
1691	from their homes. Such rules shall be formulated in consultation
1692	with the Department of Health and the Department of Community
1693	Affairs.
1694	Section 28.  Effective July 1, 2006, section 408.831,
1695	Florida Statutes, is amended to read:
1696	408.831  Denial, suspension, or revocation of a license,
1697	registration, certificate, or application.--
1698	(1)  In addition to any other remedies provided by law, the
1699	agency may deny each application or suspend or revoke each
1700	license, registration, or certificate of entities regulated or
1701	licensed by it:
1702	(a)  If the applicant, licensee, registrant, or
1703	certificateholder, or, in the case of a corporation,
1704	partnership, or other business entity, if any officer, director,
1705	agent, or managing employee of that business entity or any
1706	affiliated person, partner, or shareholder having an ownership
1707	interest equal to 5 percent or greater in that business entity,
1708	has failed to pay all outstanding fines, liens, or overpayments
1709	assessed by final order of the agency or final order of the
1710	Centers for Medicare and Medicaid Services, not subject to
1711	further appeal, unless a repayment plan is approved by the
1712	agency; or
1713	(b)  For failure to comply with any repayment plan.
1714	(2)  In reviewing any application requesting a change of
1715	ownership or change of the licensee, registrant, or
1716	certificateholder, the transferor shall, prior to agency
1717	approval of the change, repay or make arrangements to repay any
1718	amounts owed to the agency. Should the transferor fail to repay
1719	or make arrangements to repay the amounts owed to the agency,
1720	the issuance of a license, registration, or certificate to the
1721	transferee shall be delayed until repayment or until
1722	arrangements for repayment are made.
1723	(3)  An entity subject to this section may exceed its
1724	licensed capacity to act as a receiving facility in accordance
1725	with an emergency operations plan for clients of evacuating
1726	providers from a geographic area where an evacuation order has
1727	been issued by a local authority having jurisdiction. While in
1728	an overcapacity status, each provider must furnish or arrange
1729	for appropriate care and services to all clients. In addition,
1730	the agency may approve requests for overcapacity beyond 15 days,
1731	which approvals may be based upon satisfactory justification and
1732	need as provided by the receiving and sending facilities.
1733	(4)(a)  An inactive license may be issued to a licensee
1734	subject to this section when the provider is located in a
1735	geographic area where a state of emergency was declared by the
1736	Governor if the provider:
1737	1.  Suffered damage to its operation during that state of
1738	emergency.
1739	2.  Is currently licensed.
1740	3.  Does not have a provisional license.
1741	4.  Will be temporarily unable to provide services but is
1742	reasonably expected to resume services within 12 months.
1743	(b)  An inactive license may be issued for a period not to
1744	exceed 12 months but may be renewed by the agency for up to 12
1745	additional months upon demonstration to the agency of progress
1746	toward reopening. A request by a licensee for an inactive
1747	license or to extend the previously approved inactive period
1748	must be submitted in writing to the agency, accompanied by
1749	written justification for the inactive license, which states the
1750	beginning and ending dates of inactivity and includes a plan for
1751	the transfer of any clients to other providers and appropriate
1752	licensure fees. Upon agency approval, the licensee shall notify
1753	clients of any necessary discharge or transfer as required by
1754	authorizing statutes or applicable rules. The beginning of the
1755	inactive licensure period shall be the date the provider ceases
1756	operations. The end of the inactive period shall become the
1757	licensee expiration date, and all licensure fees must be
1758	current, paid in full, and may be prorated. Reactivation of an
1759	inactive license requires the prior approval by the agency of a
1760	renewal application, including payment of licensure fees and
1761	agency inspections indicating compliance with all requirements
1762	of this part and applicable rules and statutes.
1763	(5)(3)  This section provides standards of enforcement
1764	applicable to all entities licensed or regulated by the Agency
1765	for Health Care Administration. This section controls over any
1766	conflicting provisions of chapters 39, 381, 383, 390, 391, 393,
1767	394, 395, 400, 408, 468, 483, and 641 or rules adopted pursuant
1768	to those chapters.
1769	Section 29.  Emergency-preparedness prescription medication
1770	refills.--All health insurers, managed care organizations, and
1771	other entities that are licensed by the Office of Insurance
1772	Regulation and provide prescription medication coverage as part
1773	of a policy or contract shall waive time restrictions on
1774	prescription medication refills, which includes suspension of
1775	electronic "refill too soon" edits to pharmacies, to enable
1776	insureds or subscribers to refill prescriptions in advance, if
1777	there are authorized refills remaining, and shall authorize
1778	payment to pharmacies for at least a thirty day supply of any
1779	prescription medication, regardless of the date upon which the
1780	prescription had most recently been filled by a pharmacist, when
1781	the following conditions occur:
1782	(1)  The person seeking the prescription medication refill
1783	resides in a county that:
1784	(a)  Is under a hurricane warning issued by the National
1785	Weather Service;
1786	(b)  Is declared to be under a state of emergency in an
1787	executive order issued by the Governor; or
1788	(c)  Has activated its emergency operations center and its
1789	emergency management plan.
1790	(2)  The prescription medication refill is requested within
1791	30 days after the origination date of the conditions stated in
1792	this section or until such conditions are terminated by the
1793	issuing authority or no longer exists.  The time period for the
1794	waiver of prescription medication refills may be extended in 15-
1795	or 30-day increments by emergency orders issued by the Office of
1796	Insurance Regulation.
1797
1798	This section does not excuse or exempt an insured or subscriber
1799	from compliance with all other terms of the policy or contract
1800	providing prescription medication coverage. This section takes
1801	effect July 1, 2006.
1802	Section 30.  Except as otherwise expressly provided in this
1803	act, this act shall take effect upon becoming a law.

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