Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for CS for SB 862
                        Barcode 090474
                            CHAMBER ACTION
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       05/02/2006 03:39 PM         .                    
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11  Senator Diaz de la Portilla moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 9, lines 18 and 19, delete those lines
15  
16  insert:  
17         Section 8.  The Legislature finds that there is a
18  compelling need to better coordinate emergency response
19  capabilities among local, state, federal, nongovernment, and
20  private sector partners to provide the best and most effective
21  postdisaster services to the people of the State of Florida.
22  In order to encourage the rapid recovery of economies in
23  disaster affected areas, the Legislature finds that programs
24  to restore normal commerce in communities should be a part of
25  the State Comprehensive Emergency Management Plan. The
26  Legislature recognizes nongovernment agencies and the private
27  sector as key partners in disaster preparedness, response, and
28  recovery. Further, the Legislature recognizes the demonstrated
29  abilities and contributions of these entities in successfully
30  providing logistical support and commodities through
31  well-proven distribution systems. In order to enhance the
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Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 State Comprehensive Plan, the Division of Emergency Management 2 within the Department of Community Affairs is directed to 3 conduct a feasibility study on incorporating into the state's 4 emergency management plan the logistical supply and 5 distribution of essential commodities by nongovernment 6 agencies and private entities. In conducting the study, the 7 division shall consult with the Florida Retail Federation, the 8 Florida Petroleum Council, the Florida Petroleum Marketers and 9 Convenience Store Association, the Florida Emergency 10 Preparedness Association, the American Red Cross, Volunteer 11 Florida, and other entities as appropriate. As part of the 12 study, the division shall create a set of operational 13 standards that may be adopted by retail establishments to 14 qualify for preemption from local government regulations in 15 response to a disaster. No later than February 1, 2007, the 16 division shall make recommendations based on the study to the 17 Governor, the President of the Senate, and the Speaker of the 18 House of Representatives, and shall provide a set of 19 operational standards for retail establishments which are 20 recognized as part of the state emergency management plan. 21 These standards must be met in order for retail establishments 22 to participate in the state emergency response to a disaster 23 and to qualify for preemption of regulation of such businesses 24 to the state during such a response. 25 Section 9. Effective July 1, 2006, section 526.143, 26 Florida Statutes, is created to read: 27 526.143 Alternate generated power capacity for motor 28 fuel dispensing facilities.-- 29 (1) By June 1, 2007, each motor fuel terminal 30 facility, as defined in s. 526.303(16), and each wholesaler, 31 as defined in s. 526.303(17), which sells motor fuel in this 2 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 state must be capable of operating its distribution loading 2 racks using an alternate generated power source for a minimum 3 of 72 hours. Pending a postdisaster examination of the 4 equipment by the operator to determine any extenuating damage 5 that would render it unsafe to use, the facility must have 6 such alternate generated power source available for operation 7 no later than 36 hours after a major disaster as defined in s. 8 252.34. Installation of appropriate wiring, including a 9 transfer switch, shall be performed by a certified electrical 10 contractor. Each business that is subject to this subsection 11 must keep a copy of the documentation of such installation on 12 site or at its corporate headquarters. In addition, each 13 business must keep a written statement attesting to the 14 periodic testing and ensured operational capacity of the 15 equipment. The required documents must be made available, upon 16 request, to the Division of Emergency Management and the 17 director of the county emergency management agency. 18 (2) Each newly constructed or substantially renovated 19 motor fuel retail outlet, as defined in s. 526.303(14), for 20 which a certificate of occupancy is issued on or after July 1, 21 2006, shall be prewired with an appropriate transfer switch, 22 and capable of operating all fuel pumps, dispensing equipment, 23 life-safety systems, and payment-acceptance equipment using an 24 alternate generated power source. As used in this subsection, 25 the term "substantially renovated" means a renovation that 26 results in an increase of greater than 50 percent in the 27 assessed value of the motor fuel retail outlet. Local building 28 inspectors shall include this equipment and operations check 29 in the normal inspection process before issuing a certificate 30 of occupancy. Each retail outlet that is subject to this 31 subsection must keep a copy of the certificate of occupancy on 3 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 site or at its corporate headquarters. In addition, each 2 retail outlet must keep a written statement attesting to the 3 periodic testing of and ensured operational capability of the 4 equipment. The required documents must be made available, upon 5 request, to the Division of Emergency Management and the 6 director of the county emergency management agency. 7 (3)(a) No later than June 1, 2007, each motor fuel 8 retail outlet described in subparagraph 1., subparagraph 2., 9 or subparagraph 3., which is located within one-half mile 10 proximate to an interstate highway or state or federally 11 designated evacuation route must be prewired with an 12 appropriate transfer switch and be capable of operating all 13 fuel pumps, dispensing equipment, life-safety systems, and 14 payment-acceptance equipment using an alternate generated 15 power source: 16 1. A motor fuel retail outlet located in a county 17 having a population of 300,000 or more which has 16 or more 18 fueling positions. 19 2. A motor fuel retail outlet located in a county 20 having a population of 100,000 or more, but fewer than 21 300,000, which has 12 or more fueling positions. 22 3. A motor fuel retail outlet located in a county 23 having a population of fewer than 100,000 which has eight or 24 more fueling positions. 25 (b) Installation of appropriate wiring and transfer 26 switches must be performed by a certified electrical 27 contractor. Each retail outlet that is subject to this 28 subsection must keep a copy of the documentation of such 29 installation on site or at its corporate headquarters. In 30 addition, each retail outlet must keep a written statement 31 attesting to the periodic testing of and ensured operational 4 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 capacity of the equipment. The required documents must be made 2 available, upon request, to the Division of Emergency 3 Management and the director of the county emergency management 4 agency. 5 (4)(a) Subsections (2) and (3) apply to any 6 self-service, full-service, or combination self-service and 7 full-service motor fuel retail outlet regardless of whether 8 the retail outlet is located on the grounds of, or is owned 9 by, another retail business establishment that does not engage 10 in the business of selling motor fuel. 11 (b) Subsections (2) and (3) do not apply to: 12 1. An automobile dealer; 13 2. A person who operates a fleet of motor vehicles; 14 3. A person who sells motor fuel exclusively to a 15 fleet of motor vehicles; or 16 4. A motor fuel retail outlet that has a written 17 agreement with a public hospital, in a form approved by the 18 Division of Emergency Management, wherein the public hospital 19 agrees to provide the motor fuel retail outlet with an 20 alternative means of power generation onsite so that the 21 outlet's fuel pumps may be operated in the event of a power 22 outage. 23 (5)(a) Each corporation or other entity that owns 10 24 or more motor fuel retail outlets located within a single 25 county shall maintain at least one portable generator that is 26 capable of providing an alternate generated power source as 27 required under subsection (2) for every 10 outlets. If an 28 entity owns more than 10 outlets or a multiple of 10 outlets 29 plus an additional six outlets, the entity must provide one 30 additional generator to accommodate such additional outlets. 31 Each portable generator must be stored within this state, or 5 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 may be stored in another state if located within 250 miles of 2 this state, and must be available for use in an affected 3 location within 24 hours after a disaster. 4 (b) Each corporation or other entity that owns 10 or 5 more motor fuel retail outlets located within a single 6 domestic security region, as determined pursuant to s. 7 943.0312(1), and that does not own additional outlets located 8 outside the domestic security region shall maintain a written 9 document of agreement with one or more similarly equipped 10 entities for the use of portable generators that may be used 11 to meet the requirements of paragraph (a) and that are located 12 within this state but outside the affected domestic security 13 region. The agreement may be reciprocal, may allow for payment 14 for services rendered by the providing entity, and must 15 guarantee the availability of the portable generators to an 16 affected location within 24 hours after a disaster. 17 (c) For purposes of this section, ownership of a motor 18 fuel retail outlet shall be the owner of record of the fuel 19 storage systems operating at the location, as identified in 20 the Department of Environmental Protection underground storage 21 facilities registry pursuant to s. 376.303(1). 22 Section 10. Effective July 1, 2006, section 526.144, 23 Florida Statutes, is created to read: 24 526.144 Florida Disaster Motor Fuel Supplier 25 Program.-- 26 (1)(a) There is created the Florida Disaster Motor 27 Fuel Supplier Program within the Department of Community 28 Affairs. 29 (b) Participation in the program shall be at the 30 option of each county governing body. In counties choosing to 31 participate in the program, the local emergency management 6 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 agency shall be primarily responsible for administering the 2 program within those counties. Nothing in this section 3 requires participation in the program. 4 (c) In participating counties, the Florida Disaster 5 Motor Fuel Supplier Program shall allow any retail motor fuel 6 outlet doing business in those counties to participate in a 7 network of emergency responders to provide fuel supplies and 8 services to government agencies, medical institutions and 9 facilities, critical infrastructure, and other responders, as 10 well as the general public, during a declared disaster as 11 described in s. 252.36(2). 12 (d) Retail motor fuel outlets doing business in 13 participating counties that choose to become members of the 14 Florida Disaster Motor Fuel Supplier Program must be able to 15 demonstrate the capability to provide onsite fuel dispensing 16 services to other members of the State Emergency Response Team 17 within 24 hours after a major disaster has occurred and agree 18 to make such service available as needed. Local emergency 19 management agencies may determine appropriate measures for 20 determining such readiness, including acceptance of a written 21 attestation from the retail motor fuel outlet, a copy of an 22 executed contract for services, or other documents or 23 activities that demonstrate readiness. Participating retail 24 motor fuel outlets may choose to sell motor fuel through a 25 pre-existing contract with local, state, or federal response 26 agencies or may provide point-of-sale service to such 27 agencies. In addition, participating retail motor fuel outlets 28 may choose to sell motor fuel to the general public upon 29 compliance with requirements to provide service under ss. 30 252.35 and 252.38 as directed by county or state emergency 31 management officials. This section does not preclude any 7 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 retail motor fuel outlet from selling fuel during lawful 2 operating hours. Nonparticipating motor fuel retail outlets 3 may not operate during declared curfew hours. If requested, 4 appropriate law enforcement or security personnel may be 5 provided through emergency management protocol to the 6 participating business for the purpose of maintaining civil 7 order during operating hours. 8 (e) Motor fuel outlets that choose to participate in 9 the Florida Disaster Motor Fuel Supplier Program pursuant to 10 paragraph (d) may be issued a State Emergency Response Team 11 logo by the participating county emergency management agency 12 for public display to alert emergency responders and the 13 public that the business is capable of assisting in an 14 emergency. 15 (f) Counties that choose to participate in the Florida 16 Disaster Motor Fuel Supplier Program may charge a fee to cover 17 the actual costs of accepting a retail motor fuel outlet into 18 the program, including the cost of performing any required 19 review, filing of necessary forms, and producing logo decals 20 for public display. Additional charges may not be imposed for 21 processing individual documents associated with the program. 22 Funds collected shall be deposited into an appropriate county 23 operating account. 24 (3) Persons who are designated as members of the State 25 Emergency Response Team and who can produce appropriate 26 identification, as determined by state or county emergency 27 management officials, shall be given priority for purchasing 28 fuel at businesses designated as members of the State 29 Emergency Response Team. A business may be directed by county 30 or state emergency management officials to remain open during 31 a declared curfew in order to provide service for emergency 8 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 personnel. Under such direction, the business is not in 2 violation of the curfew and may not be penalized for such 3 operation and the emergency personnel are not in violation of 4 the curfew. A person traveling during a curfew must be able to 5 produce valid official documentation of his or her position 6 with the State Emergency Response Team or the local emergency 7 management agency. Such documentation may include, but need 8 not be limited to, a current SERT identification badge, 9 current law enforcement or other response agency 10 identification or shield, current health care employee 11 identification card, or current government services 12 identification card indicating a critical services position. 13 (4) A business that is designated as a member of the 14 State Emergency Response Team may request priority in 15 receiving a resupply of fuel in order to continue service to 16 emergency responders. Such request is not binding but shall be 17 considered by emergency management officials in determining 18 appropriate response actions. 19 (5)(a) Notwithstanding any other law or local 20 ordinance and for the purpose of ensuring an appropriate 21 emergency management response following major disasters in 22 this state, the regulation, siting, and placement of alternate 23 power source capabilities and equipment at motor fuel terminal 24 facilities, motor fuel wholesalers, and motor fuel retail 25 sales outlets are preempted to the state. 26 (b) Notwithstanding any other law or other ordinance 27 and for the purpose of ensuring an appropriate emergency 28 management response following major disasters in this state, 29 the regulation of all other retail establishments 30 participating in such response shall be as follows: 31 1. Regulation of retail establishments that meet the 9 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 standards created by the Division of Emergency Management in 2 the report required in section 8 of this act by July 1, 2007, 3 is preempted to the state; 4 2. The division shall provide written certification of 5 such preemption to retail establishments that qualify and 6 shall provide such information to local governments upon 7 request; and 8 3. Regulation of retail establishments that do not 9 meet the operational standards is subject to local government 10 laws or ordinances. 11 (6) The Energy Office of the Department of 12 Environmental Protection shall review situational progress in 13 post-disaster motor fuel supply distribution and provide a 14 report to the Legislature by March 1, 2007. The report must 15 include information concerning statewide compliance with s. 16 526.143, Florida Statutes, and an identification of all motor 17 fuel retail outlets that are participating in the Florida 18 Disaster Motor Fuel Supplier Program. 19 Section 11. Effective July 1, 2006, subsection (2) of 20 section 501.160, Florida Statutes, is amended to read: 21 501.160 Rental or sale of essential commodities during 22 a declared state of emergency; prohibition against 23 unconscionable prices.-- 24 (2) Upon a declaration of a state of emergency by the 25 Governor, it is unlawful and a violation of s. 501.204 for a 26 person or her or his agent or employee to rent or sell or 27 offer to rent or sell at an unconscionable price within the 28 area for which the state of emergency is declared, any 29 essential commodity including, but not limited to, supplies, 30 services, provisions, or equipment that is necessary for 31 consumption or use as a direct result of the emergency. This 10 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 prohibition is effective not to exceed 60 days under the 2 initial declared state of emergency as defined in s. 252.36(2) 3 and shall be renewed by statement in any subsequent renewals 4 of the declared state of emergency by the Governor remains in 5 effect until the declaration expires or is terminated. 6 Section 12. Effective July 1, 2006, section 553.509, 7 Florida Statutes, is amended to read: 8 553.509 Vertical accessibility.-- 9 (1) Nothing in sections 553.501-553.513 or the 10 guidelines shall be construed to relieve the owner of any 11 building, structure, or facility governed by those sections 12 from the duty to provide vertical accessibility to all levels 13 above and below the occupiable grade level, regardless of 14 whether the guidelines require an elevator to be installed in 15 such building, structure, or facility, except for: 16 (a)(1) Elevator pits, elevator penthouses, mechanical 17 rooms, piping or equipment catwalks, and automobile 18 lubrication and maintenance pits and platforms; 19 (b)(2) Unoccupiable spaces, such as rooms, enclosed 20 spaces, and storage spaces that are not designed for human 21 occupancy, for public accommodations, or for work areas; and 22 (c)(3) Occupiable spaces and rooms that are not open 23 to the public and that house no more than five persons, 24 including, but not limited to, equipment control rooms and 25 projection booths. 26 (2)(a) Any person, firm, or corporation that owns, 27 manages, or operates a residential multifamily dwelling, 28 including a condominium, that is at least 75 feet high and 29 contains a public elevator, as described in s. 399.035(2) and 30 (3) and rules adopted by the Florida Building Commission, 31 shall have at least one public elevator that is capable of 11 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 operating on an alternate power source for emergency purposes. 2 Alternate power shall be available for the purpose of allowing 3 all residents access for a specified number of hours each day 4 over a 5-day period following a natural disaster, manmade 5 disaster, emergency, or other civil disturbance that disrupts 6 the normal supply of electricity. The alternate power source 7 that controls elevator operations must also be capable of 8 powering any connected fire alarm system in the building. 9 (b) At a minimum, the elevator must be appropriately 10 pre-wired and prepared to accept an alternate power source and 11 must have a connection on the line side of the main 12 disconnect, pursuant to National Electric Code Handbook, 13 Article 700. In addition to the required power source for the 14 elevator and connected fire alarm system in the building, the 15 alternate power supply must be sufficient to provide emergency 16 lighting to the interior lobbies, hallways, and other portions 17 of the building used by the public. Residential multifamily 18 dwellings must have an available generator and fuel source on 19 the property or have proof of a current contract posted in the 20 elevator machine room or other place conspicuous to the 21 elevator inspector affirming a current guaranteed service 22 contract for such equipment and fuel source to operate the 23 elevator on an on-call basis within 24 hours after a request. 24 By December 31, 2006, any person, firm or corporation that 25 owns, manages or operates a residential multifamily dwelling 26 as defined in paragraph (4)(a) must provide to the local 27 building inspection agency verification of engineering plans 28 for residential multifamily dwellings that provide for the 29 capability to generate power by alternate means. Compliance 30 with installation requirements and operational capability 31 requirements must be verified by local building inspectors and 12 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 reported to the county emergency management agency by December 2 31, 2007. 3 (c) Each newly constructed residential multifamily 4 dwelling, including a condominium, that is at least 75 feet 5 high and contains a public elevator, as described in s. 6 399.035(2) and (3) and rules adopted by the Florida Building 7 Commission, must have at least one public elevator that is 8 capable of operating on an alternate power source for the 9 purpose of allowing all residents access for a specified 10 number of hours each day over a 5-day period following a 11 natural disaster, manmade disaster, emergency, or other civil 12 disturbance that disrupts the normal supply of electricity. 13 The alternate power source that controls elevator operations 14 must be capable of powering any connected fire alarm system in 15 the building. In addition to the required power source for the 16 elevator and connected fire alarm system, the alternate power 17 supply must be sufficient to provide emergency lighting to the 18 interior lobbies, hallways, and other portions of the building 19 used by the public. Engineering plans and verification of 20 operational capability must be provided by the local building 21 inspector to the county emergency management agency before 22 occupancy of the newly constructed building. 23 (d) Each person, firm, or corporation that is required 24 to maintain an alternate power source under this subsection 25 shall maintain a written emergency operations plan that 26 details the sequence of operations before, during, and after a 27 natural or manmade disaster or other emergency situation. The 28 plan must include, at a minimum, a life safety plan for 29 evacuation, maintenance of the electrical and lighting supply, 30 and provisions for the health, safety, and welfare of the 31 residents. In addition, the owner, manager, or operator of the 13 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 residential multifamily dwelling must keep written records of 2 any contracts for alternative power generation equipment. 3 Also, quarterly inspection records of life safety equipment 4 and alternate power generation equipment must be posted in the 5 elevator machine room or other place conspicuous to the 6 elevator inspector, which confirm that such equipment is 7 properly maintained and in good working condition, and copies 8 of contracts for alternate power generation equipment shall be 9 maintained on site for verification. The written emergency 10 operations plan and inspection records shall also be open for 11 periodic inspection by local and state government agencies as 12 deemed necessary. The owner or operator must keep a generator 13 key in a lockbox posted at or near any installed generator 14 unit. 15 (e) Multistory affordable residential dwellings for 16 persons age 62 and older that are financed or insured by the 17 United States Department of Housing and Urban Development must 18 make every effort to obtain grant funding from the Federal 19 Government or the Florida Housing Finance Corporation to 20 comply with this subsection. If an owner of such a residential 21 dwelling cannot comply with the requirements of this 22 subsection, the owner must develop a plan with the local 23 emergency management agency to ensure that residents are 24 evacuated to a place of safety in the event of a power outage 25 resulting from a natural or manmade disaster or other 26 emergency situation that disrupts the normal supply of 27 electricity for an extended period of time. A place of safety 28 may include, but is not limited to, relocation to an 29 alternative site within the building or evacuation to a local 30 shelter. 31 (f) As a part of the annual elevator inspection 14 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 required under s. 399.061, certified elevator inspectors shall 2 confirm that all installed generators required by this chapter 3 are in working order, have current inspection records posted 4 in the elevator machine room or other place conspicuous to the 5 elevator inspector, and that the required generator key is 6 present in the lockbox posted at or near the installed 7 generator. If a building does not have an installed generator, 8 the inspector shall confirm that the appropriate pre-wiring 9 and switching capabilities are present and that a statement is 10 posted in the elevator machine room or other place conspicuous 11 to the elevator inspector affirming a current guaranteed 12 contract exists for contingent services for alternate power is 13 current for the operating period. 14 15 However, buildings, structures, and facilities must, as a 16 minimum, comply with the requirements in the Americans with 17 Disabilities Act Accessibility Guidelines. 18 Section 13. Effective July 1, 2006, paragraph (i) of 19 subsection (2) of section 252.35, Florida Statutes, is 20 amended, present paragraphs (j) through (q) of that subsection 21 are redesignated as paragraphs (k) through (r), respectively, 22 present paragraphs (r) through (v) of that subsection are 23 redesignated as paragraphs (u) through (y), respectively, and 24 new paragraphs (j), (s), and (t) are added to that subsection 25 to read: 26 252.35 Emergency management powers; Division of 27 Emergency Management.-- 28 (2) The division is responsible for carrying out the 29 provisions of ss. 252.31-252.90. In performing its duties 30 under ss. 252.31-252.90, the division shall: 31 (i) Institute statewide public awareness programs. 15 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 This shall include an intensive public educational campaign on 2 emergency preparedness issues, including, but not limited to, 3 the personal responsibility of individual citizens to be 4 self-sufficient for up to 72 hours following a natural or 5 manmade disaster. The public educational campaign shall 6 include relevant information on statewide disaster plans, 7 evacuation routes, fuel suppliers, and shelters. All 8 educational materials must be available in alternative formats 9 and mediums to ensure that they are available to persons with 10 disabilities. 11 (j) The Division of Emergency Management and the 12 Department of Education shall coordinate with the Agency For 13 Persons with Disabilities to provide an educational outreach 14 program on disaster preparedness and readiness to individuals 15 who have limited English skills and identify persons who are 16 in need of assistance but are not defined under special-needs 17 criteria. 18 (s) By January 1, 2007, the Division of Emergency 19 Management shall complete an inventory of portable generators 20 owned by the state and local governments which are capable of 21 operating during a major disaster. The inventory must 22 identify, at a minimum, the location of each generator, the 23 number of generators stored at each specific location, the 24 agency to which each the generator belongs, the primary use of 25 the generator by the owner agency, and the names, addresses, 26 and telephone numbers of persons having the authority to loan 27 the stored generators as authorized by the Division of 28 Emergency Management during a declared emergency. 29 (t) The division shall maintain an inventory list of 30 generators owned by the state and local governments. In 31 addition, the division may keep a list of private entities, 16 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 along with appropriate contact information, which offer 2 generators for sale or lease. The list of private entities 3 shall be available to the public for inspection in written and 4 electronic formats. 5 Section 14. There is appropriated $76,150 in 6 nonrecurring general revenue funds to the Department of 7 Community Affairs for a study on the feasibility of 8 incorporating nongovernment agencies and private entities into 9 the logistical supply and distribution system for essential 10 commodities. This section takes effect July 1, 2006. 11 Section 15. If any provision of this act or its 12 application to any person or circumstance is held invalid, the 13 invalidity does not affect other provisions or applications of 14 the act which can be given effect without the invalid 15 provision or application, and to this end the provisions of 16 this act are severable. 17 Section 16. Effective July 1, 2006, section 252.355, 18 Florida Statutes, is amended to read: 19 252.355 Registry of persons with special needs; 20 notice.-- 21 (1) In order to meet the special needs of persons who 22 would need assistance during evacuations and sheltering 23 because of physical, mental, cognitive impairment, or sensory 24 disabilities, each local emergency management agency in the 25 state shall maintain a registry of persons with special needs 26 located within the jurisdiction of the local agency. The 27 registration shall identify those persons in need of 28 assistance and plan for resource allocation to meet those 29 identified needs. To assist the local emergency management 30 agency in identifying such persons, home health agencies, 31 hospices, nurse registries, home medical equipment providers, 17 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 the Department of Children and Family Services, Department of 2 Health, Agency for Health Care Administration, Department of 3 Education, Agency for Persons with Disabilities, Labor and 4 Employment Security, and Department of Elderly Affairs shall 5 provide registration information to all of their special needs 6 clients and to all persons with special needs who receive 7 services incoming clients as a part of the intake process. The 8 registry shall be updated annually. The registration program 9 shall give persons with special needs the option of 10 preauthorizing emergency response personnel to enter their 11 homes during search and rescue operations if necessary to 12 assure their safety and welfare following disasters. 13 (2) The Department of Community Affairs shall be the 14 designated lead agency responsible for community education and 15 outreach to the public, including special needs clients, 16 regarding registration and special needs shelters and general 17 information regarding shelter stays. 18 (3) A person with special needs must be allowed to 19 bring his or her service animal into a special needs shelter 20 in accordance with s. 413.08. 21 (4)(a)(2) On or before May 31 May 1 of each year each 22 electric utility in the state shall annually notify 23 residential customers in its service area of the availability 24 of the registration program available through their local 25 emergency management agency by:. 26 1. An initial notification upon the activation of new 27 residential service with the electric utility, followed by one 28 annual notification between January 1 and May 31; or 29 2. Two separate annual notifications between January 1 30 and May 31. 31 (b) The notification may be made by any available 18 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 means, including, but not limited to, written, electronic, or 2 verbal notification, and may be made concurrently with any 3 other notification to residential customers required by law or 4 rule. 5 (5)(3) All records, data, information, correspondence, 6 and communications relating to the registration of persons 7 with special needs as provided in subsection (1) are 8 confidential and exempt from the provisions of s. 119.07(1), 9 except that such information shall be available to other 10 emergency response agencies, as determined by the local 11 emergency management director. Local law enforcement agencies 12 shall be given complete shelter roster information upon 13 request. 14 (6)(4) All appropriate agencies and community-based 15 service providers, including home health care providers, 16 hospices, nurse registries, and home medical equipment 17 providers, shall assist emergency management agencies by 18 collecting registration information for persons with special 19 needs as part of program intake processes, establishing 20 programs to increase the awareness of the registration 21 process, and educating clients about the procedures that may 22 be necessary for their safety during disasters. Clients of 23 state or federally funded service programs with physical, 24 mental, cognitive impairment, or sensory disabilities who need 25 assistance in evacuating, or when in shelters, must register 26 as persons with special needs. 27 Section 17. Effective July 1, 2006, section 252.3568, 28 Florida Statutes, is created to read: 29 252.3568 Emergency sheltering of persons with 30 pets.--In accordance with s. 252.35, the division shall 31 address strategies for the evacuation of persons with pets in 19 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 the shelter component of the state comprehensive emergency 2 management plan and shall include the requirement for similar 3 strategies in its standards and requirements for local 4 comprehensive emergency management plans. The Department of 5 Agriculture and Consumer Services shall assist the division in 6 determining strategies regarding this activity. 7 Section 18. Effective July 1, 2006, section 252.357, 8 Florida Statutes, is created to read: 9 252.357 Monitoring of nursing homes and assisted 10 living facilities during disaster.--The Florida Comprehensive 11 Emergency Management Plan shall permit the Agency for Health 12 Care Administration, working from the agency's offices or in 13 the Emergency Operations Center, ESF-8, to make initial 14 contact with each nursing home and assisted living facility in 15 the disaster area. The agency, by July 15, 2006, and annually 16 thereafter, shall publish on the Internet an emergency 17 telephone number that may be used by nursing homes and 18 assisted living facilities to contact the agency on a schedule 19 established by the agency to report requests for assistance. 20 The agency may also provide the telephone number to each 21 facility when it makes the initial facility call. 22 Section 19. Effective July 1, 2006, subsections (2) 23 and (4) of section 252.385, Florida Statutes, are amended to 24 read: 25 252.385 Public shelter space.-- 26 (2)(a) The division shall administer a program to 27 survey existing schools, universities, community colleges, and 28 other state-owned, municipally owned, and county-owned public 29 buildings and any private facility that the owner, in writing, 30 agrees to provide for use as a public hurricane evacuation 31 shelter to identify those that are appropriately designed and 20 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 located to serve as such shelters. The owners of the 2 facilities must be given the opportunity to participate in the 3 surveys. The state university boards of trustees Board of 4 Regents, district school boards, community college boards of 5 trustees, and the Department of Education are responsible for 6 coordinating and implementing the survey of public schools, 7 universities, and community colleges with the division or the 8 local emergency management agency. 9 (b) By January 31 of each even-numbered year, the 10 division shall prepare and submit a statewide emergency 11 shelter plan to the Governor and Cabinet for approval, subject 12 to the requirements for approval in s. 1013.37(2). The plan 13 shall identify the general location and square footage of 14 special needs shelters, by regional planning council region, 15 during the next 5 years. The plan shall also include 16 information on the availability of shelters that accept pets. 17 The Department of Health shall assist the division in 18 determining the estimated need for special needs shelter 19 space and the adequacy of facilities to meet the needs of 20 persons with special needs based on information from the 21 registries of persons with special needs and other 22 information. 23 (4)(a) Public facilities, including schools, 24 postsecondary education facilities, and other facilities owned 25 or leased by the state or local governments, but excluding 26 hospitals, hospice care facilities, assisted living 27 facilities, and or nursing homes, which are suitable for use 28 as public hurricane evacuation shelters shall be made 29 available at the request of the local emergency management 30 agencies. The local emergency management agency shall 31 coordinate with these entities to ensure that designated 21 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 facilities are ready to activate prior to a specific hurricane 2 or disaster. Such agencies shall coordinate with the 3 appropriate school board, university, community college, or 4 local governing board when requesting the use of such 5 facilities as public hurricane evacuation shelters. 6 (b) The Department of Management Services shall 7 incorporate provisions for the use of suitable leased public 8 facilities as public hurricane evacuation shelters into lease 9 agreements for state agencies. Suitable leased public 10 facilities include leased public facilities that are solely 11 occupied by state agencies and have at least 2,000 square feet 12 of net floor area in a single room or in a combination of 13 rooms having a minimum of 400 square feet in each room. The 14 net square footage of floor area shall must be determined by 15 subtracting from the gross square footage the square footage 16 of spaces such as mechanical and electrical rooms, storage 17 rooms, open corridors, restrooms, kitchens, science or 18 computer laboratories, shop or mechanical areas, 19 administrative offices, records vaults, and crawl spaces. 20 (c) The Department of Management Services shall, in 21 consultation with local and state emergency management 22 agencies, assess Department of Management Services facilities 23 to identify the extent to which each facility has public 24 hurricane evacuation shelter space. The Department of 25 Management Services shall submit proposed facility retrofit 26 projects that incorporate hurricane protection enhancements to 27 the department for assessment and inclusion in the annual 28 report prepared in accordance with subsection (3). 29 Section 20. Effective July 1, 2006, section 381.0303, 30 Florida Statutes, is amended to read: 31 (Substantial rewording of section. See 22 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 s. 381.0303, F.S., for present text.) 2 381.0303 Special needs shelters.-- 3 (1) PURPOSE.--The purpose of this section is to 4 provide for the operation and closure of special needs 5 shelters and to designate the Department of Health, through 6 its county health departments, as the lead agency for 7 coordination of the recruitment of health care practitioners, 8 as defined in s. 456.001(4), to staff special needs shelters 9 in times of emergency or disaster and to provide resources to 10 the department to carry out this responsibility. However, 11 nothing in this section prohibits a county health department 12 from entering into an agreement with a local emergency 13 management agency to assume the lead responsibility for 14 recruiting health care practitioners. 15 (2) SPECIAL NEEDS SHELTER PLAN; STAFFING; STATE AGENCY 16 ASSISTANCE.--If funds have been appropriated to support 17 disaster coordinator positions in county health departments: 18 (a) The department shall assume lead responsibility 19 for the coordination of local medical and health care 20 providers, the American Red Cross, and other interested 21 parties in developing a plan for the staffing and medical 22 management of special needs shelters. The local Children's 23 Medical Services offices shall assume lead responsibility for 24 the coordination of local medical and health care providers, 25 the American Red Cross, and other interested parties in 26 developing a plan for the staffing and medical management of 27 pediatric special needs shelters. Plans must conform to the 28 local comprehensive emergency management plan. 29 (b) County health departments shall, in conjunction 30 with the local emergency management agencies, have the lead 31 responsibility for coordination of the recruitment of health 23 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 care practitioners to staff local special needs shelters. 2 County health departments shall assign their employees to work 3 in special needs shelters when those employees are needed to 4 protect the health and safety of persons with special needs. 5 County governments shall assist the department with nonmedical 6 staffing and the operation of special needs shelters. The 7 local health department and emergency management agency shall 8 coordinate these efforts to ensure appropriate staffing in 9 special needs shelters. 10 (c) The appropriate county health department, 11 Children's Medical Services office, and local emergency 12 management agency shall jointly decide who has responsibility 13 for medical supervision in each special needs shelter. 14 (d) Local emergency management agencies shall be 15 responsible for the designation and operation of special needs 16 shelters during times of emergency or disaster and the closure 17 of the facilities following an emergency or disaster. The 18 local health department and emergency management agency shall 19 coordinate these efforts to ensure the appropriate designation 20 and operation of special needs shelters. County health 21 departments shall assist the local emergency management agency 22 with regard to the management of medical services in special 23 needs shelters. 24 (e) The Secretary of Elderly Affairs, or his or her 25 designee, shall convene, at any time that he or she deems 26 appropriate and necessary, a multiagency special needs shelter 27 discharge planning team to assist local areas that are 28 severely impacted by a natural or manmade disaster that 29 requires the use of special needs shelters. Multiagency 30 special needs shelter discharge planning teams shall provide 31 assistance to local emergency management agencies with the 24 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 continued operation or closure of the shelters, as well as 2 with the discharge of special needs clients to alternate 3 facilities if necessary. Local emergency management agencies 4 may request the assistance of a multiagency special needs 5 shelter discharge planning team by alerting statewide 6 emergency management officials of the necessity for additional 7 assistance in their area. The Secretary of Elderly Affairs is 8 encouraged to proactively work with other state agencies prior 9 to any natural disasters for which warnings are provided to 10 ensure that multiagency special needs shelter discharge 11 planning teams are ready to assemble and deploy rapidly upon a 12 determination by state emergency management officials that a 13 disaster area requires additional assistance. The Secretary of 14 Elderly Affairs may call upon any state agency or office to 15 provide staff to assist a multiagency special needs shelter 16 discharge planning team. Unless the secretary determines that 17 the nature or circumstances surrounding the disaster do not 18 warrant participation from a particular agency's staff, each 19 multiagency special needs shelter discharge planning team 20 shall include at least one representative from each of the 21 following state agencies: 22 1. Department of Elderly Affairs. 23 2. Department of Health. 24 3. Department of Children and Family Services. 25 4. Department of Veterans' Affairs. 26 5. Department of Community Affairs. 27 6. Agency for Health Care Administration. 28 7. Agency for Persons with Disabilities. 29 (3) REIMBURSEMENT TO HEALTH CARE PRACTITIONERS AND 30 FACILITIES.-- 31 (a) The department shall, upon request, reimburse in 25 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 accordance with paragraph (b): 2 1. Health care practitioners, as defined in s. 3 456.001, provided the practitioner is not providing care to a 4 patient under an existing contract, and emergency medical 5 technicians and paramedics licensed under chapter 401 for 6 medical care provided at the request of the department in 7 special needs shelters or at other locations during times of 8 emergency or a declared disaster. Reimbursement for health 9 care practitioners, except for physicians licensed under 10 chapter 458 or chapter 459, shall be based on the average 11 hourly rate that such practitioners were paid according to the 12 most recent survey of Florida hospitals conducted by the 13 Florida Hospital Association or other nationally recognized or 14 state-recognized data source. 15 2. Health care facilities, such as hospitals, nursing 16 homes, assisted living facilities, and community residential 17 homes, if, upon closure of a special needs shelter, a 18 multiagency special needs shelter discharge planning team 19 determines that it is necessary to discharge persons with 20 special needs to other health care facilities. The receiving 21 facilities are eligible for reimbursement for services 22 provided to the individuals for up to 90 days. A facility must 23 show proof of a written request from a representative of an 24 agency serving on the multiagency special needs shelter 25 discharge planning team that the individual for whom the 26 facility is seeking reimbursement for services rendered was 27 referred to that facility from a special needs shelter. The 28 department shall specify by rule which expenses are 29 reimbursable and the rate of reimbursement for each service. 30 (b) Reimbursement is subject to the availability of 31 federal funds and shall be requested on forms prepared by the 26 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 department. If a Presidential Disaster Declaration has been 2 issued, the department shall request federal reimbursement of 3 eligible expenditures. The department may not provide 4 reimbursement to facilities under this subsection for services 5 provided to a person with special needs if, during the period 6 of time in which the services were provided, the individual 7 was enrolled in another state-funded program, such as Medicaid 8 or another similar program, was covered under a policy of 9 health insurance as defined in s. 624.603, or was a member of 10 a health maintenance organization or prepaid health clinic as 11 defined in chapter 641, which would otherwise pay for the same 12 services. Travel expense and per diem costs shall be 13 reimbursed pursuant to s. 112.061. 14 (4) HEALTH CARE PRACTITIONER REGISTRY.--The department 15 may use the registries established in ss. 401.273 and 456.38 16 when health care practitioners are needed to staff special 17 needs shelters or to assist with other disaster-related 18 activities. 19 (5) SPECIAL NEEDS SHELTER INTERAGENCY COMMITTEE.--The 20 Secretary of Health may establish a special needs shelter 21 interagency committee and serve as, or appoint a designee to 22 serve as, the committee's chair. The department shall provide 23 any necessary staff and resources to support the committee in 24 the performance of its duties. The committee shall address and 25 resolve problems related to special needs shelters not 26 addressed in the state comprehensive emergency medical plan 27 and shall consult on the planning and operation of special 28 needs shelters. 29 (a) The committee shall: 30 1. Develop, negotiate, and regularly review any 31 necessary interagency agreements. 27 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 2. Undertake other such activities as the department 2 deems necessary to facilitate the implementation of this 3 section. 4 3. Submit recommendations to the Legislature as 5 necessary. 6 (b) The special needs shelter interagency committee 7 shall be composed of representatives of emergency management, 8 health, medical, and social services organizations. Membership 9 shall include, but shall not be limited to, representatives of 10 the Departments of Health, Community Affairs, Children and 11 Family Services, Elderly Affairs, and Education; the Agency 12 for Health Care Administration; the Florida Medical 13 Association; the Florida Osteopathic Medical Association; 14 Associated Home Health Industries of Florida, Inc.; the 15 Florida Nurses Association; the Florida Health Care 16 Association; the Florida Assisted Living Affiliation; the 17 Florida Hospital Association; the Florida Statutory Teaching 18 Hospital Council; the Florida Association of Homes for the 19 Aging; the Florida Emergency Preparedness Association; the 20 American Red Cross; Florida Hospices and Palliative Care, 21 Inc.; the Association of Community Hospitals and Health 22 Systems; the Florida Association of Health Maintenance 23 Organizations; the Florida League of Health Systems; the 24 Private Care Association; the Salvation Army; the Florida 25 Association of Aging Services Providers; the AARP; and the 26 Florida Renal Coalition. 27 (c) Meetings of the committee shall be held in 28 Tallahassee, and members of the committee shall serve at the 29 expense of the agencies or organizations they represent. The 30 committee shall make every effort to use teleconference or 31 video conference capabilities in order to ensure statewide 28 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 input and participation. 2 (6) RULES.--The department has the authority to adopt 3 rules necessary to implement this section. Rules shall 4 include: 5 (a) The definition of a "person with special needs," 6 including eligibility criteria for individuals with physical, 7 mental, cognitive impairment, or sensory disabilities and the 8 services a person with special needs can expect to receive in 9 a special needs shelter. 10 (b) The process for special needs shelter health care 11 practitioners and facility reimbursement for services provided 12 in a disaster. 13 (c) Guidelines for special needs shelter staffing 14 levels to provide services. 15 (d) The definition of and standards for special needs 16 shelter supplies and equipment, including durable medical 17 equipment. 18 (e) Standards for the special needs shelter 19 registration process, including guidelines for addressing the 20 needs of unregistered persons in need of a special needs 21 shelter. 22 (f) Standards for addressing the needs of families 23 where only one dependent is eligible for admission to a 24 special needs shelter and the needs of adults with special 25 needs who are caregivers for individuals without special 26 needs. 27 (g) The requirement of the county health departments 28 to seek the participation of hospitals, nursing homes, 29 assisted living facilities, home health agencies, hospice 30 providers, nurse registries, home medical equipment providers, 31 dialysis centers, and other health and medical emergency 29 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 preparedness stakeholders in pre-event planning activities. 2 (7) EMERGENCY MANAGEMENT PLANS.--The submission of 3 emergency management plans to county health departments by 4 home health agencies, nurse registries, hospice programs, and 5 home medical equipment providers is conditional upon receipt 6 of an appropriation by the department to establish disaster 7 coordinator positions in county health departments unless the 8 secretary of the department and a local county commission 9 jointly determine to require that such plans be submitted 10 based on a determination that there is a special need to 11 protect public health in the local area during an emergency. 12 Section 21. Effective July 1, 2006, section 400.492, 13 Florida Statutes, is amended to read: 14 400.492 Provision of services during an 15 emergency.--Each home health agency shall prepare and maintain 16 a comprehensive emergency management plan that is consistent 17 with the standards adopted by national or state accreditation 18 organizations and consistent with the local special needs 19 plan. The plan shall be updated annually and shall provide for 20 continuing home health services during an emergency that 21 interrupts patient care or services in the patient's home. The 22 plan shall include the means by which the home health agency 23 will continue to provide staff to perform the same type and 24 quantity of services to their patients who evacuate to special 25 needs shelters that were being provided to those patients 26 prior to evacuation. The plan shall describe how the home 27 health agency establishes and maintains an effective response 28 to emergencies and disasters, including: notifying staff when 29 emergency response measures are initiated; providing for 30 communication between staff members, county health 31 departments, and local emergency management agencies, 30 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 including a backup system; identifying resources necessary to 2 continue essential care or services or referrals to other 3 organizations subject to written agreement; and prioritizing 4 and contacting patients who need continued care or services. 5 (1) Each patient record for patients who are listed in 6 the registry established pursuant to s. 252.355 shall include 7 a description of how care or services will be continued in the 8 event of an emergency or disaster. The home health agency 9 shall discuss the emergency provisions with the patient and 10 the patient's caregivers, including where and how the patient 11 is to evacuate, procedures for notifying the home health 12 agency in the event that the patient evacuates to a location 13 other than the shelter identified in the patient record, and a 14 list of medications and equipment which must either accompany 15 the patient or will be needed by the patient in the event of 16 an evacuation. 17 (2) Each home health agency shall maintain a current 18 prioritized list of patients who need continued services 19 during an emergency. The list shall indicate how services 20 shall be continued in the event of an emergency or disaster 21 for each patient and if the patient is to be transported to a 22 special needs shelter, and shall indicate if the patient is 23 receiving skilled nursing services and the patient's 24 medication and equipment needs. The list shall be furnished to 25 county health departments and to local emergency management 26 agencies, upon request. 27 (3) Home health agencies shall not be required to 28 continue to provide care to patients in emergency situations 29 that are beyond their control and that make it impossible to 30 provide services, such as when roads are impassable or when 31 patients do not go to the location specified in their patient 31 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 records. Home health agencies may establish links to local 2 emergency operations centers to determine a mechanism by which 3 to approach specific areas within a disaster area in order for 4 the agency to reach its clients. Home health agencies shall 5 demonstrate a good faith effort to comply with the 6 requirements of this subsection by documenting attempts of 7 staff to follow procedures outlined in the home health 8 agency's comprehensive emergency management plan, and by the 9 patient's record, which support a finding that the provision 10 of continuing care has been attempted for those patients who 11 have been identified as needing care by the home health agency 12 and registered under s. 252.355, in the event of an emergency 13 or disaster under subsection (1). 14 (4) Notwithstanding the provisions of s. 400.464(2) or 15 any other provision of law to the contrary, a home health 16 agency may provide services in a special needs shelter located 17 in any county. 18 Section 22. Effective July 1, 2006, subsection (8) of 19 section 400.497, Florida Statutes, is amended to read: 20 400.497 Rules establishing minimum standards.--The 21 agency shall adopt, publish, and enforce rules to implement 22 this part, including, as applicable, ss. 400.506 and 400.509, 23 which must provide reasonable and fair minimum standards 24 relating to: 25 (8) Preparation of a comprehensive emergency 26 management plan pursuant to s. 400.492. 27 (a) The Agency for Health Care Administration shall 28 adopt rules establishing minimum criteria for the plan and 29 plan updates, with the concurrence of the Department of Health 30 and in consultation with the Department of Community Affairs. 31 (b) The rules must address the requirements in s. 32 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 400.492. In addition, the rules shall provide for the 2 maintenance of patient-specific medication lists that can 3 accompany patients who are transported from their homes. 4 (c) The plan is subject to review and approval by the 5 county health department. During its review, the county health 6 department shall contact state and local health and medical 7 stakeholder when necessary. ensure that the following 8 agencies, at a minimum, are given the opportunity to review 9 the plan: 10 1. The local emergency management agency. 11 2. The Agency for Health Care Administration. 12 3. The local chapter of the American Red Cross or 13 other lead sheltering agency. 14 4. The district office of the Department of Children 15 and Family Services. 16 17 The county health department shall complete its review to 18 ensure that the plan is in accordance with the criteria in the 19 Agency for Health Care Administration rules within 90 60 days 20 after receipt of the plan and shall either approve the plan or 21 advise the home health agency of necessary revisions. If the 22 home health agency fails to submit a plan or fails to submit 23 the requested information or revisions to the county health 24 department within 30 days after written notification from the 25 county health department, the county health department shall 26 notify the Agency for Health Care Administration. The agency 27 shall notify the home health agency that its failure 28 constitutes a deficiency, subject to a fine of $5,000 per 29 occurrence. If the plan is not submitted, information is not 30 provided, or revisions are not made as requested, the agency 31 may impose the fine. 33 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 (d) For any home health agency that operates in more 2 than one county, the Department of Health shall review the 3 plan, after consulting with state and local health and medical 4 stakeholders when necessary all of the county health 5 departments, the agency, and all the local chapters of the 6 American Red Cross or other lead sheltering agencies in the 7 areas of operation for that particular home health agency. The 8 department of Health shall complete its review within 90 days 9 after receipt of the plan and shall either approve the plan or 10 advise the home health agency of necessary revisions. The 11 department of Health shall make every effort to avoid imposing 12 differing requirements on a home health agency that operates 13 in more than one county as a result of differing or 14 conflicting comprehensive plan requirements of the based on 15 differences between counties in which on the home health 16 agency operates. 17 (e) The requirements in this subsection do not apply 18 to: 19 1. A facility that is certified under chapter 651 and 20 has a licensed home health agency used exclusively by 21 residents of the facility; or 22 2. A retirement community that consists of residential 23 units for independent living and either a licensed nursing 24 home or an assisted living facility, and has a licensed home 25 health agency used exclusively by the residents of the 26 retirement community, provided the comprehensive emergency 27 management plan for the facility or retirement community 28 provides for continuous care of all residents with special 29 needs during an emergency. 30 Section 23. Effective July 1, 2006, subsection (16) of 31 section 400.506, Florida Statutes, is amended to read: 34 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 400.506 Licensure of nurse registries; requirements; 2 penalties.-- 3 (16) Each nurse registry shall prepare and maintain a 4 comprehensive emergency management plan that is consistent 5 with the criteria in this subsection and with the local 6 special needs plan. The plan shall be updated annually. The 7 plan shall include the means by which the nurse registry will 8 continue to provide the same type and quantity of services to 9 its patients who evacuate to special needs shelters which were 10 being provided to those patients prior to evacuation. The plan 11 shall specify how the nurse registry shall facilitate the 12 provision of continuous care by persons referred for contract 13 to persons who are registered pursuant to s. 252.355 during an 14 emergency that interrupts the provision of care or services in 15 private residencies. Nurse registries may establish links to 16 local emergency operations centers to determine a mechanism by 17 which to approach specific areas within a disaster area in 18 order for a provider to reach its clients. Nurse registries 19 shall demonstrate a good-faith effort to comply with the 20 requirements of this subsection by documenting attempts of 21 staff to follow procedures outlined in the nurse registry's 22 comprehensive emergency management plan which support a 23 finding that the provision of continuing care has been 24 attempted for patients identified as needing care by the nurse 25 registry and registered under s. 252.355 in the event of an 26 emergency under s. 400.506(1). 27 (a) All persons referred for contract who care for 28 persons registered pursuant to s. 252.355 must include in the 29 patient record a description of how care will be continued 30 during a disaster or emergency that interrupts the provision 31 of care in the patient's home. It shall be the responsibility 35 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 of the person referred for contract to ensure that continuous 2 care is provided. 3 (b) Each nurse registry shall maintain a current 4 prioritized list of patients in private residences who are 5 registered pursuant to s. 252.355 and are under the care of 6 persons referred for contract and who need continued services 7 during an emergency. This list shall indicate, for each 8 patient, if the client is to be transported to a special needs 9 shelter and if the patient is receiving skilled nursing 10 services. Nurse registries shall make this list available to 11 county health departments and to local emergency management 12 agencies upon request. 13 (c) Each person referred for contract who is caring 14 for a patient who is registered pursuant to s. 252.355 shall 15 provide a list of the patient's medication and equipment needs 16 to the nurse registry. Each person referred for contract shall 17 make this information available to county health departments 18 and to local emergency management agencies upon request. 19 (d) Each person referred for contract shall not be 20 required to continue to provide care to patients in emergency 21 situations that are beyond the person's control and that make 22 it impossible to provide services, such as when roads are 23 impassable or when patients do not go to the location 24 specified in their patient records. 25 (e) The comprehensive emergency management plan 26 required by this subsection is subject to review and approval 27 by the county health department. During its review, the county 28 health department shall contact state and local health and 29 medical stakeholders when necessary ensure that, at a minimum, 30 the local emergency management agency, the Agency for Health 31 Care Administration, and the local chapter of the American Red 36 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 Cross or other lead sheltering agency are given the 2 opportunity to review the plan. The county health department 3 shall complete its review to ensure that the plan complies 4 with the criteria in the Agency for Health Care Administration 5 rules within 90 60 days after receipt of the plan and shall 6 either approve the plan or advise the nurse registry of 7 necessary revisions. If a nurse registry fails to submit a 8 plan or fails to submit requested information or revisions to 9 the county health department within 30 days after written 10 notification from the county health department, the county 11 health department shall notify the Agency for Health Care 12 Administration. The agency shall notify the nurse registry 13 that its failure constitutes a deficiency, subject to a fine 14 of $5,000 per occurrence. If the plan is not submitted, 15 information is not provided, or revisions are not made as 16 requested, the agency may impose the fine. 17 (f) The Agency for Health Care Administration shall 18 adopt rules establishing minimum criteria for the 19 comprehensive emergency management plan and plan updates 20 required by this subsection, with the concurrence of the 21 Department of Health and in consultation with the Department 22 of Community Affairs. 23 Section 24. Effective July 1, 2006, subsection (1) of 24 section 400.610, Florida Statutes, is amended to read: 25 400.610 Administration and management of a hospice.-- 26 (1) A hospice shall have a clearly defined organized 27 governing body, consisting of a minimum of seven persons who 28 are representative of the general population of the community 29 served. The governing body shall have autonomous authority and 30 responsibility for the operation of the hospice and shall meet 31 at least quarterly. The governing body shall: 37 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 (a) Adopt an annual plan for the operation of the 2 hospice, which shall include a plan for providing for 3 uncompensated care and philanthropic community activities. 4 (b)1. Prepare and maintain a comprehensive emergency 5 management plan that provides for continuing hospice services 6 in the event of an emergency that is consistent with local 7 special needs plans. The plan shall include provisions for 8 ensuring continuing care to hospice patients who go to special 9 needs shelters. The plan shall include the means by which the 10 hospice provider will continue to provide staff to provide the 11 same type and quantity of services to their patients who 12 evacuate to special needs shelters which were being provided 13 to those patients prior to evacuation. The plan is subject to 14 review and approval by the county health department, except as 15 provided in subparagraph 2. During its review, the county 16 health department shall contact state and local health and 17 medical stakeholders when necessary ensure that the 18 department, the agency, and the local chapter of the American 19 Red Cross or other lead sheltering agency have an opportunity 20 to review and comment on the plan. The county health 21 department shall complete its review to ensure that the plan 22 complies with criteria in rules of the Department of Elderly 23 Affairs within 90 60 days after receipt of the plan and shall 24 either approve the plan or advise the hospice of necessary 25 revisions. Hospice providers may establish links to local 26 emergency operations centers to determine a mechanism by which 27 to approach specific areas within a disaster area in order for 28 the provider to reach its clients. A hospice shall demonstrate 29 a good-faith effort to comply with the requirements of this 30 paragraph by documenting attempts of staff to follow 31 procedures as outlined in the hospice's comprehensive 38 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 emergency management plan and to provide continuing care for 2 those hospice clients who have been identified as needing 3 alternative caregiver services in the event of an emergency. 4 2. For any hospice that operates in more than one 5 county, the Department of Health during its review shall 6 contact state and local health and medical stakeholders when 7 necessary review the plan, after consulting with all of the 8 county health departments, the agency, and all the local 9 chapters of the American Red Cross or other lead sheltering 10 agency in the areas of operation for that particular hospice. 11 The Department of Health shall complete its review to ensure 12 that the plan complies with criteria in rules of the 13 Department of Elderly Affairs within 90 days after receipt of 14 the plan and shall either approve the plan or advise the 15 hospice of necessary revisions. The Department of Health shall 16 make every effort to avoid imposing on the hospice differing 17 requirements on a hospice that operates in more than one 18 county as a result of differing or conflicting comprehensive 19 plan requirements of the based on differences between counties 20 in which the hospice operates. 21 (c) Adopt an annual budget. 22 (d) Appoint a director who shall be responsible for 23 the day-to-day management and operation of the hospice and who 24 shall serve as the liaison between the governing body and the 25 hospice staff. 26 (e) Undertake such additional activities as necessary 27 to ensure that the hospice is complying with the requirements 28 for hospice services as set forth in this part. 29 Section 25. Effective July 1, 2006, present 30 subsections (13) through (16) of section 400.925, Florida 31 Statutes, are redesignated as subsections (14) through (17) 39 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 respectively, and a new subsection (13) is added to that 2 section, to read: 3 400.925 Definitions.--As used in this part, the term: 4 (13) "Life-supporting or life-sustaining equipment" 5 means a device that is essential to, or that yields 6 information that is essential to, the restoration or 7 continuation of a bodily function important to the 8 continuation of human life. Life- supporting or 9 life-sustaining equipment includes apnea monitors, enteral 10 feeding pumps, infusion pumps, portable home dialysis 11 equipment, and ventilator equipment and supplies for all 12 related equipment, including oxygen equipment and related 13 respiratory equipment. 14 Section 26. Effective July 1, 2006, subsections (20), 15 (21), and (22) are added to section 400.934, Florida Statutes, 16 to read: 17 400.934 Minimum standards.--As a requirement of 18 licensure, home medical equipment providers shall: 19 (20)(a) Prepare and maintain a comprehensive emergency 20 management plan that meets minimum criteria established by 21 agency rule under s. 400.935. The plan shall be updated 22 annually and shall provide for continuing home medical 23 equipment services for life-supporting or life-sustaining 24 equipment, as defined in s. 400.925, during an emergency that 25 interrupts home medical equipment services in a patient's 26 home. The plan shall include: 27 1. The means by which the home medical equipment 28 provider will continue to provide equipment to perform the 29 same type and quantity of services to its patients who 30 evacuate to special needs shelters which were being provided 31 to those patients prior to evacuation. 40 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 2. The means by which the home medical equipment 2 provider establishes and maintains an effective response to 3 emergencies and disasters, including plans for: 4 a. Notification of staff when emergency response 5 measures are initiated. 6 b. Communication between staff members, county health 7 departments, and local emergency management agencies, which 8 includes provisions for a backup communications system. 9 c. Identification of resources necessary to continue 10 essential care or services or referrals to other organizations 11 subject to written agreement. 12 d. Contacting and prioritizing patients in need of 13 continued medical equipment services and supplies. 14 (b) The plan is subject to review and approval by the 15 county health department. During its review, the county health 16 department shall contact state and local health and medical 17 stakeholders when necessary. The county health department 18 shall complete its review to ensure that the plan is in 19 accordance with the criteria in the Agency for Health Care 20 Administration rules within 90 days after receipt of the plan. 21 If a home medical equipment provider fails to submit a plan or 22 fails to submit requested information or revisions to the 23 county health department within 30 days after written 24 notification from the county health department, the county 25 health department shall notify the Agency for Health Care 26 Administration. The agency shall notify the home medical 27 equipment provider that such failure constitutes a deficiency, 28 subject to a fine of $5,000 per occurrence. If the plan is not 29 submitted, information is not provided, or revisions are not 30 made as requested, the agency may impose the fine. 31 (21) Each home medical equipment provider shall 41 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 maintain a current prioritized list of patients who need 2 continued services during an emergency. The list shall 3 indicate the means by which services shall be continued for 4 each patient in the event of an emergency or disaster, whether 5 the patient is to be transported to a special needs shelter, 6 and whether the patient has life-supporting or life-sustaining 7 equipment, including the specific type of equipment and 8 related supplies. The list shall be furnished to county health 9 departments and local emergency management agencies upon 10 request. 11 (22) Home medical equipment providers may establish 12 links to local emergency operations centers to determine a 13 mechanism by which to approach specific areas within a 14 disaster area in order for the provider to reach its patients. 15 Section 27. Effective July 1, 2006, subsection (11) is 16 added to section 400.935, Florida Statutes, to read: 17 400.935 Rules establishing minimum standards.--The 18 agency shall adopt, publish, and enforce rules to implement 19 this part, which must provide reasonable and fair minimum 20 standards relating to: 21 (11) Preparation of the comprehensive emergency 22 management plan under s. 400.934 and the establishment of 23 minimum criteria for the plan, including the maintenance of 24 patient equipment and supply lists that can accompany patients 25 who are transported from their homes. Such rules shall be 26 formulated in consultation with the Department of Health and 27 the Department of Community Affairs. 28 Section 28. Effective July 1, 2006, section 408.831, 29 Florida Statutes, is amended to read: 30 408.831 Denial, suspension, or revocation of a 31 license, registration, certificate, or application.-- 42 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 (1) In addition to any other remedies provided by law, 2 the agency may deny each application or suspend or revoke each 3 license, registration, or certificate of entities regulated or 4 licensed by it: 5 (a) If the applicant, licensee, registrant, or 6 certificateholder, or, in the case of a corporation, 7 partnership, or other business entity, if any officer, 8 director, agent, or managing employee of that business entity 9 or any affiliated person, partner, or shareholder having an 10 ownership interest equal to 5 percent or greater in that 11 business entity, has failed to pay all outstanding fines, 12 liens, or overpayments assessed by final order of the agency 13 or final order of the Centers for Medicare and Medicaid 14 Services, not subject to further appeal, unless a repayment 15 plan is approved by the agency; or 16 (b) For failure to comply with any repayment plan. 17 (2) In reviewing any application requesting a change 18 of ownership or change of the licensee, registrant, or 19 certificateholder, the transferor shall, prior to agency 20 approval of the change, repay or make arrangements to repay 21 any amounts owed to the agency. Should the transferor fail to 22 repay or make arrangements to repay the amounts owed to the 23 agency, the issuance of a license, registration, or 24 certificate to the transferee shall be delayed until repayment 25 or until arrangements for repayment are made. 26 (3) An entity subject to this section may exceed its 27 licensed capacity to act as a receiving facility in accordance 28 with an emergency operations plan for clients of evacuating 29 providers from a geographic area where an evacuation order has 30 been issued by a local authority having jurisdiction. While in 31 an overcapacity status, each provider must furnish or arrange 43 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 for appropriate care and services to all clients. In addition, 2 the agency may approve requests for overcapacity beyond 15 3 days, which approvals may be based upon satisfactory 4 justification and need as provided by the receiving and 5 sending facilities. 6 (4)(a) An inactive license may be issued to a licensee 7 subject to this section when the provider is located in a 8 geographic area where a state of emergency was declared by the 9 Governor if the provider: 10 1. Suffered damage to its operation during that state 11 of emergency. 12 2. Is currently licensed. 13 3. Does not have a provisional license. 14 4. Will be temporarily unable to provide services but 15 is reasonably expected to resume services within 12 months. 16 (b) An inactive license may be issued for a period not 17 to exceed 12 months but may be renewed by the agency for up to 18 12 additional months upon demonstration to the agency of 19 progress toward reopening. A request by a licensee for an 20 inactive license or to extend the previously approved inactive 21 period must be submitted in writing to the agency, accompanied 22 by written justification for the inactive license, which 23 states the beginning and ending dates of inactivity and 24 includes a plan for the transfer of any clients to other 25 providers and appropriate licensure fees. Upon agency 26 approval, the licensee shall notify clients of any necessary 27 discharge or transfer as required by authorizing statutes or 28 applicable rules. The beginning of the inactive licensure 29 period shall be the date the provider ceases operations. The 30 end of the inactive period shall become the licensee 31 expiration date, and all licensure fees must be current, paid 44 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 in full, and may be prorated. Reactivation of an inactive 2 license requires the prior approval by the agency of a renewal 3 application, including payment of licensure fees and agency 4 inspections indicating compliance with all requirements of 5 this part and applicable rules and statutes. 6 (5)(3) This section provides standards of enforcement 7 applicable to all entities licensed or regulated by the Agency 8 for Health Care Administration. This section controls over any 9 conflicting provisions of chapters 39, 381, 383, 390, 391, 10 393, 394, 395, 400, 408, 468, 483, and 641 or rules adopted 11 pursuant to those chapters. 12 Section 29. Emergency preparedness-prescription 13 medication refills.--All health insurers, managed care 14 organizations, and other entities that are licensed by the 15 Office of Insurance Regulation and provide prescription 16 medication coverage as part of a policy or contract shall 17 waive time restrictions on prescription medication refills, 18 which includes suspension of electronic "refill too soon" 19 edits to pharmacies, to enable insureds or subscribers to 20 refill prescriptions in advance, if there are authorized 21 refills remaining, and shall authorize payment to pharmacies 22 for at least a thirty day supply of any prescription 23 medication, regardless of the date upon which the prescription 24 had most recently been filled by a pharmacist, when the 25 following conditions occur: 26 (1) The person seeking the prescription medication 27 refill resides in a county that: 28 (a) Is under a hurricane warning issued by the 29 National Weather Service; 30 (b) Is declared to be under a state of emergency in an 31 executive order issued by the Governor; or 45 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 (c) Has activated its emergency operations center and 2 its emergency management plan. 3 (2) The prescription medication refill is requested 4 within 30 days after the origination date of the conditions 5 stated in this section or until such conditions are terminated 6 by the issuing authority or no longer exists. The time period 7 for the waiver of prescription medication refills may be 8 extended in 15- or 30-day increments by emergency orders 9 issued by the Office of Insurance Regulation. 10 11 This section does not excuse or exempt an insured or 12 subscriber from compliance with all other terms of the policy 13 or contract providing prescription medication coverage. This 14 section takes effect July 1, 2006. 15 Section 30. Except as otherwise expressly provided in 16 this act, this act shall take effect upon becoming a law. 17 18 19 ================ T I T L E A M E N D M E N T =============== 20 And the title is amended as follows: 21 On page 1, line 30, delete that line 22 23 insert: 24 directing the Division of Emergency Management 25 to conduct a feasibility study relating to the 26 supply and distribution of essential 27 commodities by nongovernment and private 28 entities; creating s. 526.143, F.S.; providing 29 that each motor fuel terminal facility and 30 wholesaler that sells motor fuel in the state 31 must be capable of operating its distribution 46 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 loading racks using an alternate power source 2 for a specified period by a certain date; 3 providing requirements with respect to the 4 operation of such equipment following a major 5 disaster; providing requirements with respect 6 to inspection of such equipment; requiring 7 newly constructed or substantially renovated 8 motor fuel retail outlets to be capable of 9 operation using an alternate power source; 10 defining "substantially renovated"; requiring 11 certain motor fuel retail outlets located 12 within a specified distance from an interstate 13 highway or state or federally designated 14 evacuation route to be capable of operation 15 using an alternate power source by a specified 16 date; providing inspection and recordkeeping 17 requirements; providing applicability; creating 18 s. 526.144, F.S.; creating the Florida Disaster 19 Motor Fuel Supplier Program within the 20 Department of Community Affairs; providing 21 requirements for participation in the program; 22 providing that participation in the program 23 shall be at the option of each county; 24 providing for administration of the program; 25 providing requirements of businesses certified 26 as State Emergency Response Team members; 27 providing for preemption to the state of the 28 regulation of and requirements for siting and 29 placement of an alternate power source and any 30 related equipment at motor fuel terminal 31 facilities, wholesalers, and retail sales 47 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 outlets; providing for preemption to the state 2 of the regulation of certain retail 3 establishments; providing for review of the 4 program; providing a report; amending s. 5 501.160, F.S., providing limiting price gouge 6 prohibition periods; providing prohibition 7 period renewal; amending s. 553.509, F.S., 8 relating to requirements with respect to 9 vertical accessibility under part II of ch. 10 553, F.S., the "Florida Americans With 11 Disabilities Accessibility Implementation Act"; 12 requiring specified existing and newly 13 constructed residential multifamily dwellings 14 to have at least one public elevator that is 15 capable of operating on an alternate power 16 source for emergency purposes; providing 17 requirements with respect to the alternate 18 power source; providing for verification of 19 compliance by specified dates; providing 20 requirements with respect to emergency 21 operations plans and inspection records; 22 requiring any person, firm, or corporation that 23 owns, manages or operates specified multistory 24 affordable residential dwellings to attempt to 25 obtain grant funding to comply with the act; 26 requiring an owner, manager or operator of such 27 a dwelling to develop an evacuation plan in the 28 absence of compliance with the act; providing 29 additional inspection requirements under ch. 30 399, F.S., the "Elevator Safety Act"; amending 31 s. 252.35, F.S.; expanding the duty of the 48 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 Division of Emergency Management to conduct a 2 public educational campaign on emergency 3 preparedness issues; expanding the duty of the 4 Division of Emergency Management to create and 5 maintain lists of emergency generators; 6 providing an additional duty of the division 7 with respect to educational outreach concerning 8 disaster preparedness; providing an 9 appropriation to the Department of Community 10 Affairs to conduct a feasibility study; 11 providing severability; amending s. 252.355, 12 F.S.; specifying additional entities and 13 agencies that are required to provide 14 registration information to persons with 15 disabilities or special needs for purposes of 16 inclusion within the registry of persons with 17 special needs maintained by local emergency 18 management agencies; providing that the 19 Department of Community Affairs is the 20 designated lead agency responsible for 21 community education and outreach to the general 22 public, including persons with special needs, 23 regarding registration as a person with special 24 needs, special needs shelters, and general 25 information regarding shelter stays; providing 26 that special needs shelters must allow persons 27 with special needs to bring service animals 28 into special needs shelters; revising 29 provisions with respect to the required 30 notification of residential utility customers 31 of the availability of the special needs 49 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 registration program; providing that specified 2 confidential and exempt information relating to 3 the roster of persons with special needs in 4 special needs shelters be provided to local law 5 enforcement; creating s. 252.3568, F.S.; 6 requiring the Division of Emergency Management 7 to address strategies for the evacuation of 8 persons with pets in the shelter component of 9 the state comprehensive emergency management 10 plan; creating s. 252.357, F.S.; requiring the 11 Florida Comprehensive Emergency Management Plan 12 to permit the Agency for Health Care 13 Administration to make initial contact with 14 each nursing home and assisted living facility 15 in a disaster area; requiring the agency to 16 annually publish an emergency telephone number 17 that may be used by nursing homes and assisted 18 living facilities to contact the agency; 19 amending s. 252.385, F.S., relating to public 20 shelter space; requiring the Division of 21 Emergency Management of the Department of 22 Community Affairs to biennially prepare and 23 submit a statewide emergency shelter plan to 24 the Governor and the Cabinet for approval; 25 providing plan requirements; requiring the 26 Department of Health to provide specified 27 assistance to the division; revising the list 28 of those facilities that are excluded as being 29 suitable for use as public hurricane evacuation 30 shelters; requiring local emergency management 31 agencies to coordinate with public facilities 50 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 to determine readiness prior to activation; 2 amending s. 381.0303, F.S.; providing for the 3 operation of special needs shelters; providing 4 that local Children's Medical Services offices 5 shall assume lead responsibility for specified 6 coordination with respect to the development of 7 a plan for the staffing and medical management 8 of pediatric special needs shelters; requiring 9 that such plans conform to the local 10 comprehensive emergency management plan; 11 requiring county governments to assist the 12 Department of Health with nonmedical staffing 13 and operation of special needs shelters; 14 requiring county health departments and 15 emergency management agencies to coordinate 16 such efforts to ensure appropriate staffing; 17 providing that the appropriate county health 18 department, Children's Medical Services office, 19 and local emergency management agency shall 20 jointly determine the responsibility for 21 medical supervision in a special needs shelter; 22 providing notification requirements; requiring 23 the emergency management agency and the local 24 health department to coordinate efforts to 25 ensure appropriate designation, operation, and 26 closure of special needs shelters; requiring 27 the Secretary of Elderly Affairs to convene 28 multiagency special needs shelter discharge 29 planning teams to assist local areas that are 30 severely impacted by a natural or manmade 31 disaster that requires the use of special needs 51 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 shelters; providing duties and responsibilities 2 of such discharge planning teams; providing for 3 the inclusion of specified state agency 4 representatives on each discharge planning 5 team; revising provisions relating to 6 reimbursement of health care practitioners; 7 providing for eligibility of specified health 8 care facilities for reimbursement when a 9 multiagency special needs shelter discharge 10 planning team discharges persons with special 11 needs to such receiving facilities; providing 12 procedures and requirements with respect to 13 such reimbursement; requiring the department to 14 specify by rule expenses that are reimbursable 15 and the rate of reimbursement for services; 16 revising provisions that prescribe means of and 17 procedures for reimbursement; disallowing 18 specified reimbursements; revising provisions 19 with respect to the organization, role, duties, 20 and composition of the special needs shelter 21 interagency committee; requiring the department 22 to adopt specified rules with respect to 23 special needs shelters; amending ss. 400.492, 24 400.497, 400.506, 400.610, and 400.934, F.S.; 25 revising requirements with respect to the 26 comprehensive emergency management plans of 27 home health agencies, nurse registries, and 28 hospices, and providing requirements with 29 respect to home medical equipment providers, to 30 include the means by which continuing services 31 will be provided to patients who evacuate to 52 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 special needs shelters; authorizing the 2 establishment of links to local emergency 3 operations centers for specified purposes; 4 revising requirements of a county health 5 department with respect to review of a 6 comprehensive emergency management plan 7 submitted by a home health agency, nurse 8 registry, or hospice; providing requirements 9 upon failure to submit a plan or requested 10 information to the department; providing for 11 imposition of a fine; revising requirements of 12 the Department of Health with respect to review 13 of the plan of a home health agency or hospice 14 that operates in more than one county; 15 providing that the preparation and maintenance 16 of a comprehensive emergency management plan by 17 a home medical equipment provider is a 18 requirement for licensure and must meet minimum 19 criteria established by the Agency for Health 20 Care Administration; providing plan 21 requirements; providing that the plan is 22 subject to review and approval by the county 23 health department; requiring each home medical 24 equipment provider to maintain a current 25 prioritized list of patients who need continued 26 services during an emergency; amending s. 27 400.925, F.S.; defining "life-supporting or 28 life-sustaining equipment" for purposes of part 29 X of ch. 400, F.S., relating to home medical 30 equipment providers; amending s. 400.935, F.S.; 31 requiring the Agency for Health Care 53 4:29 PM 05/01/06 s0862c2c-36-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 862 Barcode 090474 1 Administration to adopt rules with respect to 2 the comprehensive emergency management plan 3 prepared by a home medical equipment services 4 provider; amending s. 408.831, F.S.; providing 5 that entities regulated or licensed by the 6 Agency for Health Care Administration may 7 exceed their licensed capacity to act as 8 receiving facilities under specified 9 circumstances; providing requirements while 10 such entities are in an overcapacity status; 11 providing for issuance of an inactive license 12 to such licensees under specified conditions; 13 providing requirements and procedures with 14 respect to the issuance and reactivation of an 15 inactive license; providing fees; requiring 16 certain health insurance companies to waive 17 restrictions on filling prescriptions during a 18 declared State of Emergency; providing 19 effective dates. 20 21 22 23 24 25 26 27 28 29 30 31 54 4:29 PM 05/01/06 s0862c2c-36-t01