HB 1245

1	A bill to be entitled
2	An act relating to the Division of Emergency Management;
3	transferring the division to the Executive Office of the
4	Governor and renaming it the "Office of Emergency
5	Management"; creating s. 14.2016, F.S.; establishing the
6	Office of Emergency Management in the Executive Office of
7	the Governor; amending ss. 20.18 and 125.01045, F.S.;
8	conforming provisions to changes made by the act; amending
9	s. 215.559, F.S.; revising the membership of the Hurricane
10	Loss Mitigation Program's advisory group; conforming
11	provisions to changes made by the act; amending ss.
12	163.3178, 166.0446, 215.5586, 252.32, 252.34, 252.35,
13	252.355, 252.61, 252.82, 252.936, 252.937, 252.943,
14	252.946, 282.34, 282.709, 311.115, 526.143, 526.144,
15	627.0628, 768.13, 943.03, 943.03101, 943.0312, and
16	943.0313, F.S.; conforming provisions to changes made by
17	the act; amending ss. 112.3135, 119.071, 163.03, 163.360,
18	175.021, 186.505, 216.231, 250.06, 339.135, and 429.907,
19	F.S.; conforming cross-references; providing a directive
20	to the Division of Statutory Revision; providing an
21	effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Effective July 1, 2011, the Division of
26	Emergency Management of the Department of Community Affairs is
27	transferred by a type two transfer, as defined in s. 20.06(2),
28	Florida Statutes, to the Executive Office of the Governor and
29	renamed the Office of Emergency Management.
30	Section 2.  Section 14.2016, Florida Statutes, is created
31	to read:
32	14.2016  Office of Emergency Management.-The Office of
33	Emergency Management is established within the Executive Office
34	of the Governor. The office shall be a separate budget entity,
35	as provided in the General Appropriations Act. The office shall
36	be responsible for all professional, technical, and
37	administrative support functions necessary to carry out its
38	responsibilities under part I of chapter 252. The director of
39	the office shall be appointed by and serve at the pleasure of
40	the Governor, and shall be the head of the office for all
41	purposes.
42	Section 3.  Subsection (2) of section 20.18, Florida
43	Statutes, is amended to read:
44	20.18  Department of Community Affairs.-There is created a
45	Department of Community Affairs.
46	(2)  The following units of the Department of Community
47	Affairs are established:
48	(a)  Division of Emergency Management. The division is a
49	separate budget entity and is not subject to control,
50	supervision, or direction by the Department of Community Affairs
51	in any manner including, but not limited to, personnel,
52	purchasing, transactions involving personal property, and
53	budgetary matters. The division director shall be appointed by
54	the Governor, shall serve at the pleasure of the Governor, and
55	shall be the agency head of the division for all purposes. The
56	division shall enter into a service agreement with the
57	department for professional, technological, and administrative
58	support services. The division shall collaborate and coordinate
59	with the department on nonemergency response matters, including,
60	but not limited to, disaster recovery programs, grant programs,
61	mitigation programs, and emergency matters related to
62	comprehensive plans.
63	(a)(b)  Division of Housing and Community Development.
64	(b)(c)  Division of Community Planning.
65	Section 4.  Subsection (1) of section 125.01045, Florida
66	Statutes, is amended to read:
67	125.01045  Prohibition of fees for first responder
68	services.-
69	(1)  A county may not impose a fee or seek reimbursement
70	for any costs or expenses that may be incurred for services
71	provided by a first responder, including costs or expenses
72	related to personnel, supplies, motor vehicles, or equipment in
73	response to a motor vehicle accident, except for costs to
74	contain or clean up hazardous materials in quantities reportable
75	to the Florida State Warning Point at the Office Division of
76	Emergency Management, and costs for transportation and treatment
77	provided by ambulance services licensed pursuant to s. 401.23(4)
78	and (5).
79	Section 5.  Section 215.559, Florida Statutes, is amended
80	to read:
81	215.559  Hurricane Loss Mitigation Program.-
82	(1)  There is created A Hurricane Loss Mitigation Program
83	is established in the Office of Emergency Management.
84	(1)  The Legislature shall annually appropriate $10 million
85	of the moneys authorized for appropriation under s.
86	215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the
87	office Department of Community Affairs for the purposes set
88	forth in this section. Of that amount:
89	(2)(a)  Seven million dollars in funds provided in
90	subsection (1) shall be used for programs to improve the wind
91	resistance of residences and mobile homes, including loans,
92	subsidies, grants, demonstration projects, and direct
93	assistance; educating persons concerning the Florida Building
94	Code cooperative programs with local governments and the Federal
95	Government; and other efforts to prevent or reduce losses or
96	reduce the cost of rebuilding after a disaster.
97	(b)  Three million dollars in funds provided in subsection
98	(1) shall be used to retrofit existing facilities used as public
99	hurricane shelters. Each year the office shall department must
100	prioritize the use of these funds for projects included in the
101	annual report of the September 1, 2000, version of the Shelter
102	Retrofit Report prepared in accordance with s. 252.385(3), and
103	each annual report thereafter. The office department must give
104	funding priority to projects in regional planning council
105	regions that have shelter deficits and to projects that maximize
106	the use of state funds.
107	(2)(3)(a)  Forty percent of the total appropriation in
108	paragraph (1)(a) (2)(a) shall be used to inspect and improve
109	tie-downs for mobile homes.
110	(b)1.  There is created The Manufactured Housing and Mobile
111	Home Mitigation and Enhancement Program is established. The
112	program shall require the mitigation of damage to or the
113	enhancement of homes for the areas of concern raised by the
114	Department of Highway Safety and Motor Vehicles in the 2004-2005
115	Hurricane Reports on the effects of the 2004 and 2005 hurricanes
116	on manufactured and mobile homes in this state. The mitigation
117	or enhancement must include, but need not be limited to,
118	problems associated with weakened trusses, studs, and other
119	structural components caused by wood rot or termite damage;
120	site-built additions; or tie-down systems and may also address
121	any other issues deemed appropriate by Tallahassee Community
122	College, the Federation of Manufactured Home Owners of Florida,
123	Inc., the Florida Manufactured Housing Association, and the
124	Department of Highway Safety and Motor Vehicles. The program
125	shall include an education and outreach component to ensure that
126	owners of manufactured and mobile homes are aware of the
127	benefits of participation.
128	2.  The program shall be a grant program that ensures that
129	entire manufactured home communities and mobile home parks may
130	be improved wherever practicable. The moneys appropriated for
131	this program shall be distributed directly to Tallahassee
132	Community College for the uses set forth under this subsection.
133	3.  Upon evidence of completion of the program, the
134	Citizens Property Insurance Corporation shall grant, on a pro
135	rata basis, actuarially reasonable discounts, credits, or other
136	rate differentials or appropriate reductions in deductibles for
137	the properties of owners of manufactured homes or mobile homes
138	on which fixtures or construction techniques that have been
139	demonstrated to reduce the amount of loss in a windstorm have
140	been installed or implemented. The discount on the premium must
141	be applied to subsequent renewal premium amounts. Premiums of
142	the Citizens Property Insurance Corporation must reflect the
143	location of the home and the fact that the home has been
144	installed in compliance with building codes adopted after
145	Hurricane Andrew. Rates resulting from the completion of the
146	Manufactured Housing and Mobile Home Mitigation and Enhancement
147	Program are not considered competitive rates for the purposes of
148	s. 627.351(6)(d)1. and 2.
149	4.  On or before January 1 of each year, Tallahassee
150	Community College shall provide a report of activities under
151	this subsection to the Governor, the President of the Senate,
152	and the Speaker of the House of Representatives. The report must
153	set forth the number of homes that have taken advantage of the
154	program, the types of enhancements and improvements made to the
155	manufactured or mobile homes and attachments to such homes, and
156	whether there has been an increase in availability of insurance
157	products to owners of manufactured or mobile homes.
158
159	Tallahassee Community College shall develop the programs set
160	forth in this subsection in consultation with the Federation of
161	Manufactured Home Owners of Florida, Inc., the Florida
162	Manufactured Housing Association, and the Department of Highway
163	Safety and Motor Vehicles. The moneys appropriated for the
164	programs set forth in this subsection shall be distributed
165	directly to Tallahassee Community College to be used as set
166	forth in this subsection.
167	(3)(4)  Of moneys provided to the Department of Community
168	Affairs in paragraph (1)(a) (2)(a), 10 percent shall be
169	allocated to the Florida International University center
170	dedicated to hurricane research. The center shall develop a
171	preliminary work plan approved by the advisory council set forth
172	in subsection (4) (5) to eliminate the state and local barriers
173	to upgrading existing mobile homes and communities, research and
174	develop a program for the recycling of existing older mobile
175	homes, and support programs of research and development relating
176	to hurricane loss reduction devices and techniques for site-
177	built residences. The State University System also shall consult
178	with the Department of Community Affairs and assist the
179	department with the report required under subsection (6) (7).
180	(4)(5)  Except for the programs set forth in subsection (3)
181	(4), The office Department of Community Affairs shall
182	develop the programs set forth in this section in consultation
183	with an advisory council consisting of a representative
184	designated by the Chief Financial Officer, a representative
185	designated by the Florida Home Builders Association, a
186	representative designated by the Florida Insurance Council, a
187	representative designated by the Federation of Manufactured Home
188	Owners, a representative designated by the Florida Association
189	of Counties, and a representative designated by the Florida
190	Manufactured Housing Association, and a representative
191	designated by the Florida Building Commission.
192	(5)(6)  Moneys provided to the office Department of
193	Community Affairs under this section are intended to supplement,
194	not supplant, the office's other funding sources of the
195	Department of Community Affairs and may not supplant other
196	funding sources of the Department of Community Affairs.
197	(6)(7)  On January 1st of each year, the office Department
198	of Community Affairs shall provide a full report and accounting
199	of activities under this section and an evaluation of such
200	activities to the Speaker of the House of Representatives, the
201	President of the Senate, and the Majority and Minority Leaders
202	of the House of Representatives and the Senate. Upon completion
203	of the report, the office Department of Community Affairs shall
204	deliver the report to the Office of Insurance Regulation. The
205	Office of Insurance Regulation shall review the report and shall
206	make such recommendations available to the insurance industry as
207	the Office of Insurance Regulation deems appropriate. These
208	recommendations may be used by insurers for potential discounts
209	or rebates pursuant to s. 627.0629. The Office of Insurance
210	Regulation shall make such the recommendations within 1 year
211	after receiving the report.
212	(7)(8)(a)  Notwithstanding any other provision of this
213	section and for the 2010-2011 fiscal year only, the $3 million
214	appropriation provided for in paragraph (1)(b) (2)(b) may be
215	used for hurricane shelters as identified in the General
216	Appropriations Act.
217	(b)  This subsection expires June 30, 2011.
218	(8)(9)  This section is repealed June 30, 2011.
219	Section 6.  Paragraph (d) of subsection (2) of section
220	163.3178, Florida Statutes, is amended to read:
221	163.3178  Coastal management.-
222	(2)  Each coastal management element required by s.
223	163.3177(6)(g) shall be based on studies, surveys, and data; be
224	consistent with coastal resource plans prepared and adopted
225	pursuant to general or special law; and contain:
226	(d)  A component which outlines principles for hazard
227	mitigation and protection of human life against the effects of
228	natural disaster, including population evacuation, which take
229	into consideration the capability to safely evacuate the density
230	of coastal population proposed in the future land use plan
231	element in the event of an impending natural disaster. The
232	Office Division of Emergency Management shall manage the update
233	of the regional hurricane evacuation studies, ensure such
234	studies are done in a consistent manner, and ensure that the
235	methodology used for modeling storm surge is that used by the
236	National Hurricane Center.
237	Section 7.  Subsection (1) of section 166.0446, Florida
238	Statutes, is amended to read:
239	166.0446  Prohibition of fees for first responder
240	services.-
241	(1)  A municipality may not impose a fee or seek
242	reimbursement for any costs or expenses that may be incurred for
243	services provided by a first responder, including costs or
244	expenses related to personnel, supplies, motor vehicles, or
245	equipment in response to a motor vehicle accident, except for
246	costs to contain or clean up hazardous materials in quantities
247	reportable to the Florida State Warning Point at the Office
248	Division of Emergency Management, and costs for transportation
249	and treatment provided by ambulance services licensed pursuant
250	to s. 401.23(4) and (5).
251	Section 8.  Paragraph (j) of subsection (4) of section
252	215.5586, Florida Statutes, is amended to read:
253	215.5586  My Safe Florida Home Program.-There is
254	established within the Department of Financial Services the My
255	Safe Florida Home Program. The department shall provide fiscal
256	accountability, contract management, and strategic leadership
257	for the program, consistent with this section. This section does
258	not create an entitlement for property owners or obligate the
259	state in any way to fund the inspection or retrofitting of
260	residential property in this state. Implementation of this
261	program is subject to annual legislative appropriations. It is
262	the intent of the Legislature that the My Safe Florida Home
263	Program provide trained and certified inspectors to perform
264	inspections for owners of site-built, single-family, residential
265	properties and grants to eligible applicants as funding allows.
266	The program shall develop and implement a comprehensive and
267	coordinated approach for hurricane damage mitigation that may
268	include the following:
269	(4)  ADVISORY COUNCIL.-There is created an advisory council
270	to provide advice and assistance to the department regarding
271	administration of the program. The advisory council shall
272	consist of:
273	(j)  The director of the Office Florida Division of
274	Emergency Management.
275
276	Members appointed under paragraphs (a)-(d) shall serve at the
277	pleasure of the Financial Services Commission. Members appointed
278	under paragraphs (e) and (f) shall serve at the pleasure of the
279	appointing officer. All other members shall serve as voting ex
280	officio members. Members of the advisory council shall serve
281	without compensation but may receive reimbursement as provided
282	in s. 112.061 for per diem and travel expenses incurred in the
283	performance of their official duties.
284	Section 9.  Paragraphs (a) and (b) of subsection (1) of
285	section 252.32, Florida Statutes, are amended to read:
286	252.32  Policy and purpose.-
287	(1)  Because of the existing and continuing possibility of
288	the occurrence of emergencies and disasters resulting from
289	natural, technological, or manmade causes; in order to ensure
290	that preparations of this state will be adequate to deal with,
291	reduce vulnerability to, and recover from such emergencies and
292	disasters; to provide for the common defense and to protect the
293	public peace, health, and safety; and to preserve the lives and
294	property of the people of the state, it is hereby found and
295	declared to be necessary:
296	(a)  To create a state emergency management agency to be
297	known as the "Office Division of Emergency Management," to
298	authorize the creation of local organizations for emergency
299	management in the political subdivisions of the state, and to
300	authorize cooperation with the Federal Government and the
301	governments of other states.
302	(b)  To confer upon the Governor, the Office Division of
303	Emergency Management, and the governing body of each political
304	subdivision of the state the emergency powers provided herein.
305	Section 10.  Section 252.34, Florida Statutes, is amended
306	to read:
307	252.34  Definitions.-As used in this part ss. 252.31-
308	252.60, the term:
309	(1)  "Disaster" means any natural, technological, or civil
310	emergency that causes damage of sufficient severity and
311	magnitude to result in a declaration of a state of emergency by
312	a county, the Governor, or the President of the United States.
313	Disasters shall be identified by the severity of resulting
314	damage, as follows:
315	(a)  "Catastrophic disaster" means a disaster that will
316	require massive state and federal assistance, including
317	immediate military involvement.
318	(b)  "Major disaster" means a disaster that will likely
319	exceed local capabilities and require a broad range of state and
320	federal assistance.
321	(c)  "Minor disaster" means a disaster that is likely to be
322	within the response capabilities of local government and to
323	result in only a minimal need for state or federal assistance.
324	(2)  "Division" means the Division of Emergency Management
325	of the Department of Community Affairs, or the successor to that
326	division.
327	(2)(3)  "Emergency" means any occurrence, or threat
328	thereof, whether natural, technological, or manmade, in war or
329	in peace, which results or may result in substantial injury or
330	harm to the population or substantial damage to or loss of
331	property.
332	(3)(4)  "Emergency management" means the preparation for,
333	the mitigation of, the response to, and the recovery from
334	emergencies and disasters. Specific emergency management
335	responsibilities include, but are not limited to:
336	(a)  Reduction of vulnerability of people and communities
337	of this state to damage, injury, and loss of life and property
338	resulting from natural, technological, or manmade emergencies or
339	hostile military or paramilitary action.
340	(b)  Preparation for prompt and efficient response and
341	recovery to protect lives and property affected by emergencies.
342	(c)  Response to emergencies using all systems, plans, and
343	resources necessary to preserve adequately the health, safety,
344	and welfare of persons or property affected by the emergency.
345	(d)  Recovery from emergencies by providing for the rapid
346	and orderly start of restoration and rehabilitation of persons
347	and property affected by emergencies.
348	(e)  Provision of an emergency management system embodying
349	all aspects of preemergency preparedness and postemergency
350	response, recovery, and mitigation.
351	(f)  Assistance in anticipation, recognition, appraisal,
352	prevention, and mitigation of emergencies which may be caused or
353	aggravated by inadequate planning for, and regulation of, public
354	and private facilities and land use.
355	(4)(5)  "Local emergency management agency" means an
356	organization created in accordance with the provisions of ss.
357	252.31-252.90 to discharge the emergency management
358	responsibilities and functions of a political subdivision.
359	(5)(6)  "Manmade emergency" means an emergency caused by an
360	action against persons or society, including, but not limited
361	to, enemy attack, sabotage, terrorism, civil unrest, or other
362	action impairing the orderly administration of government.
363	(6)(7)  "Natural emergency" means an emergency caused by a
364	natural event, including, but not limited to, a hurricane, a
365	storm, a flood, severe wave action, a drought, or an earthquake.
366	(7)  "Office" means the Office of Emergency Management
367	within the Executive Office of the Governor, or the successor to
368	that office.
369	(8)  "Political subdivision" means any county or
370	municipality created pursuant to law.
371	(9)  "Technological emergency" means an emergency caused by
372	a technological failure or accident, including, but not limited
373	to, an explosion, transportation accident, radiological
374	accident, or chemical or other hazardous material incident.
375	Section 11.  Section 252.35, Florida Statutes, is amended
376	to read:
377	252.35  Emergency management powers; Division of Emergency
378	Management.-
379	(1)  The office division is responsible for maintaining a
380	comprehensive statewide program of emergency management and for
381	coordinating the. The division is responsible for coordination
382	with efforts of the Federal Government with other departments
383	and agencies of state government, with county and municipal
384	governments and school boards, and with private agencies that
385	have a role in emergency management.
386	(2)  The office division is responsible for carrying out
387	the provisions of ss. 252.31-252.90. In performing its duties
388	under ss. 252.31-252.90, the office division shall:
389	(a)  Prepare a state comprehensive emergency management
390	plan, which shall be integrated into and coordinated with the
391	emergency management plans and programs of the Federal
392	Government. The office division must adopt the plan as a rule in
393	accordance with chapter 120. The plan shall be implemented by a
394	continuous, integrated comprehensive emergency management
395	program. The plan must contain provisions to ensure that the
396	state is prepared for emergencies and minor, major, and
397	catastrophic disasters, and the office division shall work
398	closely with local governments and agencies and organizations
399	with emergency management responsibilities in preparing and
400	maintaining the plan. The state comprehensive emergency
401	management plan must shall be operations oriented and:
402	1.  Include an evacuation component that includes specific
403	regional and interregional planning provisions and promotes
404	intergovernmental coordination of evacuation activities. This
405	component must, at a minimum: contain guidelines for lifting
406	tolls on state highways; ensure coordination pertaining to
407	evacuees crossing county lines; set forth procedures for
408	directing people caught on evacuation routes to safe shelter;
409	establish strategies for ensuring sufficient, reasonably priced
410	fueling locations along evacuation routes; and establish
411	policies and strategies for emergency medical evacuations.
412	2.  Include a shelter component that includes specific
413	regional and interregional planning provisions and promotes
414	coordination of shelter activities between the public, private,
415	and nonprofit sectors. This component must, at a minimum:
416	contain strategies to ensure the availability of adequate public
417	shelter space in each region of the state; establish strategies
418	for refuge-of-last-resort programs; provide strategies to assist
419	local emergency management efforts to ensure that adequate
420	staffing plans exist for all shelters, including medical and
421	security personnel; provide for a postdisaster communications
422	system for public shelters; establish model shelter guidelines
423	for operations, registration, inventory, power generation
424	capability, information management, and staffing; and set forth
425	policy guidance for sheltering people with special needs.
426	3.  Include a postdisaster response and recovery component
427	that includes specific regional and interregional planning
428	provisions and promotes intergovernmental coordination of
429	postdisaster response and recovery activities. This component
430	must provide for postdisaster response and recovery strategies
431	according to whether a disaster is minor, major, or
432	catastrophic. The postdisaster response and recovery component
433	must, at a minimum: establish the structure of the state's
434	postdisaster response and recovery organization; establish
435	procedures for activating the state's plan; set forth policies
436	used to guide postdisaster response and recovery activities;
437	describe the chain of command during the postdisaster response
438	and recovery period; describe initial and continuous
439	postdisaster response and recovery actions; identify the roles
440	and responsibilities of each involved agency and organization;
441	provide for a comprehensive communications plan; establish
442	procedures for monitoring mutual aid agreements; provide for
443	rapid impact assessment teams; ensure the availability of an
444	effective statewide urban search and rescue program coordinated
445	with the fire services; ensure the existence of a comprehensive
446	statewide medical care and relief plan administered by the
447	Department of Health; and establish systems for coordinating
448	volunteers and accepting and distributing donated funds and
449	goods.
450	4.  Include additional provisions addressing aspects of
451	preparedness, response, recovery, and mitigation as determined
452	necessary by the office division.
453	5.  Address the need for coordinated and expeditious
454	deployment of state resources, including the Florida National
455	Guard. In the case of an imminent major disaster, procedures
456	should address predeployment of the Florida National Guard, and,
457	in the case of an imminent catastrophic disaster, procedures
458	should address predeployment of the Florida National Guard and
459	the United States Armed Forces.
460	6.  Establish a system of communications and warning to
461	ensure that the state's population and emergency management
462	agencies are warned of developing emergency situations and can
463	communicate emergency response decisions.
464	7.  Establish guidelines and schedules for annual exercises
465	that evaluate the ability of the state and its political
466	subdivisions to respond to minor, major, and catastrophic
467	disasters and support local emergency management agencies. Such
468	exercises must shall be coordinated with local governments and,
469	to the extent possible, the Federal Government.
470	8.  Assign lead and support responsibilities to state
471	agencies and personnel for emergency support functions and other
472	support activities.
473
474	The complete state comprehensive emergency management plan must
475	shall be submitted to the President of the Senate, the Speaker
476	of the House of Representatives, and the Governor on February 1
477	of every even-numbered year.
478	(b)  Adopt standards and requirements for county emergency
479	management plans. The standards and requirements must ensure
480	that county plans are coordinated and consistent with the state
481	comprehensive emergency management plan. If a municipality
482	elects to establish an emergency management program, it must
483	adopt a city emergency management plan that complies with all
484	standards and requirements applicable to county emergency
485	management plans.
486	(c)  Assist political subdivisions in preparing and
487	maintaining emergency management plans.
488	(d)  Review periodically political subdivision emergency
489	management plans for consistency with the state comprehensive
490	emergency management plan and standards and requirements adopted
491	under this section.
492	(e)  Cooperate with the President, the heads of the Armed
493	Forces, the various federal emergency management agencies, and
494	the officers and agencies of other states in matters pertaining
495	to emergency management in the state and the nation and
496	incidents thereof and, in connection therewith, take any
497	measures that it deems proper to carry into effect any request
498	of the President and the appropriate federal officers and
499	agencies for any emergency management action, including the
500	direction or control of:
501	1.  Emergency management drills, tests, or exercises of
502	whatever nature.
503	2.  Warnings and signals for tests and drills, attacks, or
504	other imminent emergencies or threats thereof and the mechanical
505	devices to be used in connection with such warnings and signals.
506	(f)  Make recommendations to the Legislature, building code
507	organizations, and political subdivisions for zoning, building,
508	and other land use controls; safety measures for securing mobile
509	homes or other nonpermanent or semipermanent structures; and
510	other preparedness, prevention, and mitigation measures designed
511	to eliminate emergencies or reduce their impact.
512	(g)  In accordance with the state comprehensive emergency
513	management plan and program for emergency management, ascertain
514	the requirements of the state and its political subdivisions for
515	equipment and supplies of all kinds in the event of an
516	emergency; plan for and either procure supplies, medicines,
517	materials, and equipment or enter into memoranda of agreement or
518	open purchase orders that will ensure their availability; and
519	use and employ from time to time any of the property, services,
520	and resources within the state in accordance with ss. 252.31-
521	252.90.
522	(h)  Anticipate trends and promote innovations that will
523	enhance the emergency management system.
524	(i)  Institute statewide public awareness programs. This
525	shall include an intensive public educational campaign on
526	emergency preparedness issues, including, but not limited to,
527	the personal responsibility of individual citizens to be self-
528	sufficient for up to 72 hours following a natural or manmade
529	disaster. The public educational campaign must shall include
530	relevant information on statewide disaster plans, evacuation
531	routes, fuel suppliers, and shelters. All educational materials
532	must be available in alternative formats and mediums to ensure
533	that they are available to persons with disabilities.
534	(j)  In cooperation with The Division of Emergency
535	Management and the Department of Education, shall coordinate
536	with the Agency for Persons with Disabilities to provide an
537	educational outreach program on disaster preparedness and
538	readiness to individuals who have limited English skills and
539	identify persons who are in need of assistance but are not
540	defined under special-needs criteria.
541	(k)  Prepare and distribute to appropriate state and local
542	officials catalogs of federal, state, and private assistance
543	programs.
544	(l)  Coordinate federal, state, and local emergency
545	management activities and take all other steps, including the
546	partial or full mobilization of emergency management forces and
547	organizations in advance of an actual emergency, to ensure the
548	availability of adequately trained and equipped forces of
549	emergency management personnel before, during, and after
550	emergencies and disasters.
551	(m)  Establish a schedule of fees that may be charged by
552	local emergency management agencies for review of emergency
553	management plans on behalf of external agencies and
554	institutions. In establishing such schedule, the office division
555	shall consider facility size, review complexity, and other
556	factors.
557	(n)  Implement training programs to improve the ability of
558	state and local emergency management personnel to prepare and
559	implement emergency management plans and programs. This includes
560	shall include a continuous training program for agencies and
561	individuals that will be called on to perform key roles in state
562	and local postdisaster response and recovery efforts and for
563	local government personnel on federal and state postdisaster
564	response and recovery strategies and procedures.
565	(o)  Review Periodically review emergency operating
566	procedures of state agencies and recommend revisions as needed
567	to ensure consistency with the state comprehensive emergency
568	management plan and program.
569	(p)  Make such surveys of industries, resources, and
570	facilities within the state, both public and private, as are
571	necessary to carry out the purposes of ss. 252.31-252.90.
572	(q)  Prepare, in advance if whenever possible, such
573	executive orders, proclamations, and rules for issuance by the
574	Governor as are necessary or appropriate for coping with
575	emergencies and disasters.
576	(r)  Cooperate with the Federal Government and any public
577	or private agency or entity in achieving any purpose of ss.
578	252.31-252.90 and in implementing programs for mitigation,
579	preparation, response, and recovery.
580	(s)  By January 1, 2007, the Division of Emergency
581	Management shall Complete an inventory of portable generators
582	owned by the state and local governments which are capable of
583	operating during a major disaster. The inventory must identify,
584	at a minimum, the location of each generator, the number of
585	generators stored at each specific location, the agency to which
586	each generator belongs, the primary use of the generator by the
587	owner agency, and the names, addresses, and telephone numbers of
588	persons having the authority to loan the stored generators as
589	authorized by the office Division of Emergency Management during
590	a declared emergency.
591	(t)  The division shall Maintain an inventory list of
592	generators owned by the state and local governments. In
593	addition, the office division may keep a list of private
594	entities, along with appropriate contact information, which
595	offer generators for sale or lease. The list of private entities
596	shall be available to the public for inspection in written and
597	electronic formats.
598	(u)  Assist political subdivisions with the creation and
599	training of urban search and rescue teams and promote the
600	development and maintenance of a state urban search and rescue
601	program.
602	(v)  Delegate, as necessary and appropriate, authority
603	vested in it under ss. 252.31-252.90 and provide for the
604	subdelegation of such authority.
605	(w)  Report biennially to the President of the Senate, the
606	Speaker of the House of Representatives, and the Governor, no
607	later than February 1 of every odd-numbered year, the status of
608	the emergency management capabilities of the state and its
609	political subdivisions.
610	(x)  In accordance with chapter 120, create, implement,
611	administer, adopt, amend, and rescind rules, programs, and plans
612	needed to carry out the provisions of ss. 252.31-252.90 with due
613	consideration for, and in cooperating with, the plans and
614	programs of the Federal Government. In addition, the office
615	division may adopt rules in accordance with chapter 120 to
616	administer and distribute federal financial predisaster and
617	postdisaster assistance for prevention, mitigation,
618	preparedness, response, and recovery.
619	(y)  Do other things necessary, incidental, or appropriate
620	for the implementation of ss. 252.31-252.90.
621	Section 12.  Subsection (2) of section 252.355, Florida
622	Statutes, is amended to read:
623	252.355  Registry of persons with special needs; notice.-
624	(2)  The office Department of Community Affairs shall be
625	the designated lead agency responsible for community education
626	and outreach to the public, including special needs clients,
627	regarding registration and special needs shelters and general
628	information regarding shelter stays.
629	Section 13.  Section 252.61, Florida Statutes, is amended
630	to read:
631	252.61  List of persons for contact relating to release of
632	toxic substances into atmosphere.-The Office of Emergency
633	Management Department of Community Affairs shall maintain a list
634	of contact persons after the survey pursuant to s. 403.771 is
635	completed.
636	Section 14.  Section 252.82, Florida Statutes, is amended
637	to read:
638	252.82  Definitions.-As used in this part:
639	(1)  "Commission" means the State Hazardous Materials
640	Emergency Response Commission created pursuant to s. 301 of
641	EPCRA.
642	(2)  "Committee" means any local emergency planning
643	committee established in the state pursuant to s. 301 of EPCRA.
644	(3)  "Department" means the Department of Community
645	Affairs.
646	(3)(4)  "Facility" means facility as defined in s. 329 of
647	EPCRA. Vehicles placarded according to title 49 Code of Federal
648	Regulations are shall not be considered a facility except for
649	purposes of s. 304 of EPCRA.
650	(4)(5)  "Hazardous material" means any hazardous chemical,
651	toxic chemical, or extremely hazardous substance, as defined in
652	s. 329 of EPCRA.
653	(5)(6)  "EPCRA" means the Emergency Planning and Community
654	Right-to-Know Act of 1986, title III of the Superfund Amendments
655	and Reauthorization Act of 1986, Pub. L. No. 99-499, ss. 300-
656	329, 42 U.S.C. ss. 11001 et seq.; and federal regulations
657	adopted thereunder.
658	(6)  "Office" means the Office of Emergency Management
659	within the Executive Office of the Governor.
660	(7)  "Trust fund" means the Operating Trust Fund of the
661	office Department of Community Affairs.
662	Section 15.  Subsections (3), (8), (9), and (19) of section
663	252.936, Florida Statutes, are amended to read:
664	252.936  Definitions.-As used in this part, the term:
665	(3)  "Audit" means a review of information at, a stationary
666	source subject to s. 112(r)(7), or submitted by, a stationary
667	source subject to s. 112(r)(7), to determine whether that
668	stationary source is in compliance with the requirements of this
669	part and rules adopted to administer implement this part. Audits
670	must include a review of the adequacy of the stationary source's
671	Risk Management Plan, may consist of reviews of information
672	submitted to the office department or the United States
673	Environmental Protection Agency to determine whether the plan is
674	complete or whether revisions to the plan are needed, and the
675	reviews may be conducted at the stationary source to confirm
676	that information onsite is consistent with reported information.
677	(8)  "Department" means the Department of Community
678	Affairs.
679	(8)(9)  "Inspection" means a review of information at a
680	stationary source subject to s. 112(r)(7), including
681	documentation and operating practices and access to the source
682	and to any area where an accidental release could occur, to
683	determine whether the stationary source is in compliance with
684	the requirements of this part or rules adopted to administer
685	implement this part.
686	(9)  "Office" means the Office of Emergency Management in
687	the Executive Office of the Governor.
688	(19)  "Trust fund" means the Operating Trust Fund of the
689	office established in the department's Division of Emergency
690
691	Section 16.  Section 252.937, Florida Statutes, is amended
692	to read:
693	252.937  Department powers and duties.-
694	(1)  The office department has the power and duty to:
695	(a)1.  Seek delegation from the United States Environmental
696	Protection Agency to implement the Accidental Release Prevention
697	Program under s. 112(r)(7) of the Clean Air Act and the federal
698	implementing regulations for specified sources subject to s.
699	112(r)(7) of the Clean Air Act. Implementation for all other
700	sources subject to s. 112(r)(7) of the Clean Air Act shall will
701	be performed by the United States Environmental Protection
702	Agency; and
703	2.  Ensure the timely submission of Risk Management Plans
704	and any subsequent revisions of Risk Management Plans.
705	(b)  Adopt, modify, and repeal rules, with the advice and
706	consent of the commission, necessary to obtain delegation from
707	the United States Environmental Protection Agency and to
708	administer the s. 112(r)(7) Accidental Release Prevention
709	Program in this state for the specified stationary sources with
710	no expansion or addition of the regulatory program.
711	(c)  Make and execute contracts and other agreements
712	necessary or convenient to the administration implementation of
713	this part.
714	(d)  Coordinate its activities under this part with its
715	other emergency management responsibilities, including its
716	responsibilities and activities under parts I, II, and III of
717	this chapter and with the related activities of other state and
718	local agencies, keeping separate accounts for all activities
719	conducted under this part which are supported or partially
720	supported from the trust fund.
721	(e)  Establish, with the advice and consent of the
722	commission, a technical assistance and outreach program on or
723	before January 31, 1999, to assist owners and operators of
724	specified stationary sources subject to s. 112(r)(7) in
725	complying with the reporting and fee requirements of this part.
726	This program is designed to facilitate and ensure timely
727	submission of proper certifications or compliance schedules and
728	timely submission and registration of Risk Management Plans and
729	revised registrations and Risk Management Plans if when required
730	for these sources.
731	(f)  Make a quarterly report to the State Emergency
732	Response Commission on income and expenses for the state's
733	Accidental Release Prevention Program under this part.
734	(2)  To ensure that this program is self-supporting, the
735	office department shall provide administrative support,
736	including staff, facilities, materials, and services to
737	implement this part for specified stationary sources subject to
738	s. 252.939 and shall provide necessary funding to local
739	emergency planning committees and county emergency management
740	agencies for work performed to implement this part. Each state
741	agency with regulatory, inspection, or technical assistance
742	programs for specified stationary sources subject to this part
743	shall enter into a memorandum of understanding with the office
744	department which specifically outlines how each agency's staff,
745	facilities, materials, and services will be used utilized to
746	support implementation. At a minimum, these agencies and
747	programs include: the Department of Environmental Protection's
748	Division of Air Resources Management and Division of Water
749	Resource Management, and the Department of Labor and Employment
750	Security's Division of Safety. It is the Legislature's intent to
751	implement this part as efficiently and economically as possible,
752	using existing expertise and resources, if available and
753	appropriate.
754	(3)  To prevent the duplication of investigative efforts
755	and resources, the office department, on behalf of the
756	commission, shall coordinate with any federal agencies or agents
757	thereof, including the federal Chemical Safety and Hazard
758	Investigation Board, or its successor, which are performing
759	accidental release investigations for specified stationary
760	sources, and may coordinate with any agencies of the state which
761	are performing accidental release investigations. This
762	accidental release investigation coordination is not intended to
763	limit or take the place of any individual agency accidental
764	release investigation under separate authority.
765	(4)  To promote efficient administration of this program
766	and specified stationary sources, the only the office agency
767	which may seek delegation from the United States Environmental
768	Protection Agency for this program is the Florida Department of
769	Community Affairs. Further, the office may Florida Department of
770	Community Affairs shall not delegate this program to any local
771	environmental agency.
772	Section 17.  Section 252.943, Florida Statutes, is amended
773	to read:
774	252.943  Public records.-
775	(1)  The office Department of Community Affairs shall
776	protect records, reports, or information or particular parts
777	thereof, other than release or emissions data, contained in a
778	risk management plan from public disclosure pursuant to ss.
779	112(r) and 114(c) of the federal Clean Air Act and authorities
780	cited therein, based upon a showing satisfactory to the
781	Administrator of the United States Environmental Protection
782	Agency, by any owner or operator of a stationary source subject
783	to the Accidental Release Prevention Program, that public
784	release of such records, reports, or information would divulge
785	methods or processes entitled to protection as trade secrets as
786	provided for in 40 C.F.R. part 2, subpart B. Such records,
787	reports, or information held by the office department are
788	confidential and exempt from the provisions of s. 119.07(1) and
789	s. 24(a), Art. I of the State Constitution, unless a final
790	determination has been made by the Administrator of the
791	Environmental Protection Agency that such records, reports, or
792	information are not entitled to trade secret protection, or
793	pursuant to an order of court.
794	(2)  The office department shall protect records, reports,
795	or information or particular parts thereof, other than release
796	or emissions data, obtained from an investigation, inspection,
797	or audit from public disclosure pursuant to ss. 112(r) and
798	114(c) of the federal Clean Air Act and authorities cited
799	therein, based upon a showing satisfactory to the Administrator
800	of the United States Environmental Protection Agency, by any
801	owner or operator of a stationary source subject to the
802	Accidental Release Prevention Program, that public release of
803	such records, reports, or information would divulge methods or
804	processes entitled to protection as trade secrets as provided
805	for in 40 C.F.R. part 2, subpart B. Such records, reports, or
806	information held by the office department are confidential and
807	exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
808	of the State Constitution, unless a final determination has been
809	made by the Administrator of the Environmental Protection Agency
810	that such records, reports, or information are not entitled to
811	trade secret protection, or pursuant to a court an order of
812	court.
813	Section 18.  Section 252.946, Florida Statutes, is amended
814	to read:
815	252.946  Public records.-With regard to information
816	submitted to the United States Environmental Protection Agency
817	under this part or s. 112(r)(7), the office department of
818	Community Affairs, the State Hazardous Materials Emergency
819	Response Commission, and any local emergency planning committee
820	may assist persons in electronically accessing such information
821	held by the United States Environmental Protection Agency in its
822	centralized database. If requested, the office department, the
823	commission, or a committee may furnish copies of such United
824	States Environmental Protection Agency records.
825	Section 19.  Paragraph (a) of subsection (4) of section
826	282.34, Florida Statutes, is amended to read:
827	282.34  Statewide e-mail service.-A state e-mail system
828	that includes the delivery and support of e-mail, messaging, and
829	calendaring capabilities is established as an enterprise
830	information technology service as defined in s. 282.0041. The
831	service shall be designed to meet the needs of all executive
832	branch agencies. The primary goals of the service are to
833	minimize the state investment required to establish, operate,
834	and support the statewide service; reduce the cost of current e-
835	mail operations and the number of duplicative e-mail systems;
836	and eliminate the need for each state agency to maintain its own
837	e-mail staff.
838	(4)  All agencies must be completely migrated to the
839	statewide e-mail service as soon as financially and
840	operationally feasible, but no later than June 30, 2015.
841	(a)  The following statewide e-mail service implementation
842	schedule is established for state agencies:
843	1.  Phase 1.-The following agencies must be completely
844	migrated to the statewide e-mail system by June 30, 2012: the
845	Agency for Enterprise Information Technology; the Department of
846	Community Affairs, including the Division of Emergency
847	Management; the Department of Corrections; the Department of
848	Health; the Department of Highway Safety and Motor Vehicles; the
849	Department of Management Services, including the Division of
850	Administrative Hearings, the Division of Retirement, the
851	Commission on Human Relations, and the Public Employees
852	Relations Commission; the Southwood Shared Resource Center; and
853	the Department of Revenue.
854	2.  Phase 2.-The following agencies must be completely
855	migrated to the statewide e-mail system by June 30, 2013: the
856	Department of Business and Professional Regulation; the
857	Department of Education, including the Board of Governors; the
858	Department of Environmental Protection; the Department of
859	Juvenile Justice; the Department of the Lottery; the Department
860	of State; the Department of Law Enforcement; the Department of
861	Veterans' Affairs; the Judicial Administration Commission; the
862	Public Service Commission; and the Statewide Guardian Ad Litem
863	Office.
864	3.  Phase 3.-The following agencies must be completely
865	migrated to the statewide e-mail system by June 30, 2014: the
866	Agency for Health Care Administration; the Agency for Workforce
867	Innovation; the Department of Financial Services, including the
868	Office of Financial Regulation and the Office of Insurance
869	Regulation; the Department of Agriculture and Consumer Services;
870	the Executive Office of the Governor, including the Office of
871	Emergency Management; the Department of Transportation; the Fish
872	and Wildlife Conservation Commission; the Agency for Persons
873	With Disabilities; the Northwood Shared Resource Center; and the
874	State Board of Administration.
875	4.  Phase 4.-The following agencies must be completely
876	migrated to the statewide e-mail system by June 30, 2015: the
877	Department of Children and Family Services; the Department of
878	Citrus; the Department of Elderly Affairs; and the Department of
879	Legal Affairs.
880	Section 20.  Paragraphs (a) and (d) of subsection (1) and
881	subsection (4) of section 282.709, Florida Statutes, are amended
882	to read:
883	282.709  State agency law enforcement radio system and
884	interoperability network.-
885	(1)  The department may acquire and administer a statewide
886	radio communications system to serve law enforcement units of
887	state agencies, and to serve local law enforcement agencies
888	through mutual aid channels.
889	(a)  The department shall, in conjunction with the
890	Department of Law Enforcement and the Office Division of
891	Emergency Management of the Department of Community Affairs,
892	establish policies, procedures, and standards to be incorporated
893	into a comprehensive management plan for the use and operation
894	of the statewide radio communications system.
895	(d)  The department shall exercise its powers and duties
896	under this part to plan, manage, and administer the mutual aid
897	channels in the statewide radio communication system.
898	1.  In implementing such powers and duties, the department
899	shall consult and act in conjunction with the Department of Law
900	Enforcement and the Office Division of Emergency Management of
901	the Department of Community Affairs, and shall manage and
902	administer the mutual aid channels in a manner that reasonably
903	addresses the needs and concerns of the involved law enforcement
904	agencies and emergency response agencies and entities.
905	2.  The department may make the mutual aid channels
906	available to federal agencies, state agencies, and agencies of
907	the political subdivisions of the state for the purpose of
908	public safety and domestic security.
909	(4)  The department may create and administer an
910	interoperability network to enable interoperability between
911	various radio communications technologies and to serve federal
912	agencies, state agencies, and agencies of political subdivisions
913	of the state for the purpose of public safety and domestic
914	security.
915	(a)  The department shall, in conjunction with the
916	Department of Law Enforcement and the Office Division of
917	Emergency Management of the Department of Community Affairs,
918	exercise its powers and duties pursuant to this chapter to plan,
919	manage, and administer the interoperability network. The office
920	may:
921	1.  Enter into mutual aid agreements among federal
922	agencies, state agencies, and political subdivisions of the
923	state for the use of the interoperability network.
924	2.  Establish the cost of maintenance and operation of the
925	interoperability network and charge subscribing federal and
926	local law enforcement agencies for access and use of the
927	network. The department may not charge state law enforcement
928	agencies identified in paragraph (2)(a) to use the network.
929	3.  In consultation with the Department of Law Enforcement
930	and the Office Division of Emergency Management of the
931	Department of Community Affairs, amend and enhance the statewide
932	radio communications system as necessary to implement the
933	interoperability network.
934	(b)  The department, in consultation with the Joint Task
935	Force on State Agency Law Enforcement Communications, and in
936	conjunction with the Department of Law Enforcement and the
937	Office Division of Emergency Management of the Department of
938	Community Affairs, shall establish policies, procedures, and
939	standards to incorporate into a comprehensive management plan
940	for the use and operation of the interoperability network.
941	Section 21.  Paragraph (l) of subsection (1) of section
942	311.115, Florida Statutes, is amended to read:
943	311.115  Seaport Security Standards Advisory Council.-The
944	Seaport Security Standards Advisory Council is created under the
945	Office of Drug Control. The council shall serve as an advisory
946	council as provided in s. 20.03(7).
947	(1)  The members of the council shall be appointed by the
948	Governor and consist of the following:
949	(l)  The Director of the Office Division of Emergency
950	Management, or his or her designee.
951	Section 22.  Subsections (1) and (2), paragraph (b) of
952	subsection (3), and paragraph (b) of subsection (4) of section
953	526.143, Florida Statutes, are amended to read:
954	526.143  Alternate generated power capacity for motor fuel
955	dispensing facilities.-
956	(1)  By June 1, 2007, Each motor fuel terminal facility, as
957	defined in s. 526.303(16), and each wholesaler, as defined in s.
958	526.303(17), which sells motor fuel in this state must be
959	capable of operating its distribution loading racks using an
960	alternate generated power source for a minimum of 72 hours.
961	Pending a postdisaster examination of the equipment by the
962	operator to determine any extenuating damage that would render
963	it unsafe to use, the facility must have such alternate
964	generated power source available for operation within no later
965	than 36 hours after a major disaster as defined in s. 252.34.
966	Installation of appropriate wiring, including a transfer switch,
967	shall be performed by a certified electrical contractor. Each
968	business that is subject to this subsection must keep a copy of
969	the documentation of such installation on site or at its
970	corporate headquarters. In addition, each business must keep a
971	written statement attesting to the periodic testing and ensured
972	operational capacity of the equipment. The required documents
973	must be made available, upon request, to the Office Division of
974	Emergency Management and the director of the county emergency
975	management agency.
976	(2)  Each newly constructed or substantially renovated
977	motor fuel retail outlet, as defined in s. 526.303(14), for
978	which a certificate of occupancy is issued on or after July 1,
979	2006, shall be prewired with an appropriate transfer switch, and
980	capable of operating all fuel pumps, dispensing equipment,
981	lifesafety systems, and payment-acceptance equipment using an
982	alternate generated power source. As used in this subsection,
983	the term "substantially renovated" means a renovation that
984	results in an increase of greater than 50 percent in the
985	assessed value of the motor fuel retail outlet. Local building
986	inspectors shall include this equipment and operations check in
987	the normal inspection process before issuing a certificate of
988	occupancy. Each retail outlet that is subject to this subsection
989	must keep a copy of the certificate of occupancy on site or at
990	its corporate headquarters. In addition, each retail outlet must
991	keep a written statement attesting to the periodic testing of
992	and ensured operational capability of the equipment. The
993	required documents must be made available, upon request, to the
994	Office Division of Emergency Management and the director of the
995	county emergency management agency.
996	(3)
997	(b)  Installation of appropriate wiring and transfer
998	switches must be performed by a certified electrical contractor.
999	Each retail outlet that is subject to this subsection must keep
1000	a copy of the documentation of such installation on site or at
1001	its corporate headquarters. In addition, each retail outlet must
1002	keep a written statement attesting to the periodic testing of
1003	and ensured operational capacity of the equipment. The required
1004	documents must be made available, upon request, to the Office
1005	Division of Emergency Management and the director of the county
1006	emergency management agency.
1007	(4)
1008	(b)  Subsections (2) and (3) do not apply to:
1009	1.  An automobile dealer;
1010	2.  A person who operates a fleet of motor vehicles;
1011	3.  A person who sells motor fuel exclusively to a fleet of
1012	motor vehicles; or
1013	4.  A motor fuel retail outlet that has a written agreement
1014	with a public hospital, in a form approved by the Office
1015	Division of Emergency Management, wherein the public hospital
1016	agrees to provide the motor fuel retail outlet with an
1017	alternative means of power generation onsite so that the
1018	outlet's fuel pumps may be operated in the event of a power
1019	outage.
1020	Section 23.  Paragraph (a) of subsection (1) and paragraph
1021	(b) of subsection (4) of section 526.144, Florida Statutes, are
1022	amended to read:
1023	526.144  Florida Disaster Motor Fuel Supplier Program.-
1024	(1)(a)  There is created the Florida Disaster Motor Fuel
1025	Supplier Program within the Office of Emergency Management
1026	Department of Community Affairs.
1027	(4)
1028	(b)  Notwithstanding any other law or other ordinance and
1029	for the purpose of ensuring an appropriate emergency management
1030	response following major disasters in this state, the regulation
1031	of all other retail establishments participating in such
1032	response is shall be as follows:
1033	1.  Regulation of retail establishments that meet the
1034	standards created by the Office Division of Emergency Management
1035	in the report required in s. 8, chapter 2006-71, Laws of
1036	Florida, by July 1, 2007, is preempted to the state and until
1037	such standards are adopted, the regulation of these retail
1038	establishments is preempted to the state;
1039	2.  The division shall provide written certification of
1040	such preemption to retail establishments that qualify and shall
1041	provide such information to local governments upon request; and
1042	3.  Regulation of retail establishments that do not meet
1043	the operational standards is subject to local government laws or
1044	ordinances.
1045	Section 24.  Paragraph (b) of subsection (2) of section
1046	627.0628, Florida Statutes, is amended to read:
1047	627.0628  Florida Commission on Hurricane Loss Projection
1048	Methodology; public records exemption; public meetings
1049	exemption.-
1050	(2)  COMMISSION CREATED.-
1051	(b)  The commission shall consist of the following 11
1052	members:
1053	1.  The insurance consumer advocate.
1054	2.  The senior employee of the State Board of
1055	Administration responsible for operations of the Florida
1056	Hurricane Catastrophe Fund.
1057	3.  The Executive Director of the Citizens Property
1058	Insurance Corporation.
1059	4.  The Director of the Office Division of Emergency
1060	Management of the Department of Community Affairs.
1061	5.  The actuary member of the Florida Hurricane Catastrophe
1062	Fund Advisory Council.
1063	6.  An employee of the office who is an actuary responsible
1064	for property insurance rate filings and who is appointed by the
1065	director of the office.
1066	7.  Five members appointed by the Chief Financial Officer,
1067	as follows:
1068	a.  An actuary who is employed full time by a property and
1069	casualty insurer which was responsible for at least 1 percent of
1070	the aggregate statewide direct written premium for homeowner's
1071	insurance in the calendar year preceding the member's
1072	appointment to the commission.
1073	b.  An expert in insurance finance who is a full-time
1074	member of the faculty of the State University System and who has
1075	a background in actuarial science.
1076	c.  An expert in statistics who is a full-time member of
1077	the faculty of the State University System and who has a
1078	background in insurance.
1079	d.  An expert in computer system design who is a full-time
1080	member of the faculty of the State University System.
1081	e.  An expert in meteorology who is a full-time member of
1082	the faculty of the State University System and who specializes
1083	in hurricanes.
1084	Section 25.  Paragraph (d) of subsection (2) of section
1085	768.13, Florida Statutes, is amended to read:
1086	768.13  Good Samaritan Act; immunity from civil liability.-
1087	(2)
1088	(d)  Any person whose acts or omissions are not otherwise
1089	covered by this section and who participates in emergency
1090	response activities under the direction of or in connection with
1091	a community emergency response team, local emergency management
1092	agencies, the Office Division of Emergency Management of the
1093	Department of Community Affairs, or the Federal Emergency
1094	Management Agency is not liable for any civil damages as a
1095	result of care, treatment, or services provided gratuitously in
1096	such capacity and resulting from any act or failure to act in
1097	such capacity in providing or arranging further care, treatment,
1098	or services, if such person acts as a reasonably prudent person
1099	would have acted under the same or similar circumstances.
1100	Section 26.  Subsection (14) of section 943.03, Florida
1101	Statutes, is amended to read:
1102	943.03  Department of Law Enforcement.-
1103	(14)  The department, with respect to counter-terrorism
1104	efforts, responses to acts of terrorism within or affecting this
1105	state, and other matters related to the domestic security of
1106	Florida as it relates to terrorism, shall coordinate and direct
1107	the law enforcement, initial emergency, and other initial
1108	responses. The department shall work closely with the Office
1109	Division of Emergency Management, other federal, state, and
1110	local law enforcement agencies, fire and rescue agencies, first-
1111	responder agencies, and others involved in preparation against
1112	acts of terrorism in or affecting this state and in the response
1113	to such acts. The executive director of the department, or
1114	another member of the department designated by the director,
1115	shall serve as Chief of Domestic Security for the purpose of
1116	directing and coordinating such efforts. The department and
1117	Chief of Domestic Security shall use the regional domestic
1118	security task forces as established in this chapter to assist in
1119	such efforts.
1120	Section 27.  Section 943.03101, Florida Statutes, is
1121	amended to read:
1122	943.03101  Counter-terrorism coordination.-The Legislature
1123	finds that with respect to counter-terrorism efforts and initial
1124	responses to acts of terrorism within or affecting this state,
1125	specialized efforts of emergency management which that are
1126	unique to such situations are required and that these efforts
1127	intrinsically involve very close coordination of federal, state,
1128	and local law enforcement agencies with the efforts of all
1129	others involved in emergency-response efforts. In order to best
1130	provide this specialized effort with respect to counter-
1131	terrorism efforts and responses, the Legislature has determined
1132	that such efforts should be coordinated by and through the
1133	Department of Law Enforcement, working closely with the Office
1134	Division of Emergency Management and others involved in
1135	preparation against acts of terrorism in or affecting this
1136	state, and in the initial response to such acts, in accordance
1137	with the state comprehensive emergency management plan prepared
1138	pursuant to s. 252.35(2)(a).
1139	Section 28.  Paragraph (d) of subsection (1) and subsection
1140	(3) of section 943.0312, Florida Statutes, are amended to read:
1141	943.0312  Regional domestic security task forces.-The
1142	Legislature finds that there is a need to develop and implement
1143	a statewide strategy to address prevention, preparation,
1144	protection, response, and recovery efforts by federal, state,
1145	and local law enforcement agencies, emergency management
1146	agencies, fire and rescue departments, first-responder personnel
1147	and others in dealing with potential or actual terrorist acts
1148	within or affecting this state.
1149	(1)  To assist the department and the Chief of Domestic
1150	Security in performing their roles and duties in this regard,
1151	the department shall establish a regional domestic security task
1152	force in each of the department's operational regions. The task
1153	forces shall serve in an advisory capacity to the department and
1154	the Chief of Domestic Security and shall provide support to the
1155	department in its performance of functions pertaining to
1156	domestic security.
1157	(d)  The co-chairs of each task force may appoint
1158	subcommittees and subcommittee chairs as necessary in order to
1159	address issues related to the various disciplines represented on
1160	the task force, except that subcommittee chairs for emergency
1161	management shall be appointed with the approval of the director
1162	of the Office Division of Emergency Management. A subcommittee
1163	chair shall serve at the pleasure of the co-chairs.
1164	(3)  The Chief of Domestic Security, in conjunction with
1165	the Office Division of Emergency Management, the regional
1166	domestic security task forces, and the various state entities
1167	responsible for establishing training standards applicable to
1168	state law enforcement officers and fire, emergency, and first-
1169	responder personnel shall identify appropriate equipment and
1170	training needs, curricula, and materials related to the
1171	effective response to suspected or actual acts of terrorism or
1172	incidents involving real or hoax weapons of mass destruction as
1173	defined in s. 790.166. Recommendations for funding for purchases
1174	of equipment, delivery of training, implementation of, or
1175	revision to basic or continued training required for state
1176	licensure or certification, or other related responses shall be
1177	made by the Chief of Domestic Security to the Domestic Security
1178	Oversight Council, the Executive Office of the Governor, the
1179	President of the Senate, and the Speaker of the House of
1180	Representatives as necessary to ensure that the needs of this
1181	state with regard to the preparing, equipping, training, and
1182	exercising of response personnel are identified and addressed.
1183	In making such recommendations, the Chief of Domestic Security
1184	and the Office Division of Emergency Management shall identify
1185	all funding sources that may be available to fund such efforts.
1186	Section 29.  Paragraph (a) of subsection (1), paragraph (b)
1187	of subsection (2), and paragraph (b) of subsection (4) of
1188	section 943.0313, Florida Statutes, are amended to read:
1189	943.0313  Domestic Security Oversight Council.-The
1190	Legislature finds that there exists a need to provide executive
1191	direction and leadership with respect to terrorism prevention,
1192	preparation, protection, response, and recovery efforts by state
1193	and local agencies in this state. In recognition of this need,
1194	the Domestic Security Oversight Council is hereby created. The
1195	council shall serve as an advisory council pursuant to s.
1196	20.03(7) to provide guidance to the state's regional domestic
1197	security task forces and other domestic security working groups
1198	and to make recommendations to the Governor and the Legislature
1199	regarding the expenditure of funds and allocation of resources
1200	related to counter-terrorism and domestic security efforts.
1201	(1)  MEMBERSHIP.-
1202	(a)  The Domestic Security Oversight Council shall consist
1203	of the following voting members:
1204	1.  The executive director of the Department of Law
1205	Enforcement.
1206	2.  The director of the Office Division of Emergency
1207	Management within the Department of Community Affairs.
1208	3.  The Attorney General.
1209	4.  The Commissioner of Agriculture.
1210	5.  The State Surgeon General.
1211	6.  The Commissioner of Education.
1212	7.  The State Fire Marshal.
1213	8.  The adjutant general of the Florida National Guard.
1214	9.  The state chief information officer.
1215	10.  Each sheriff or chief of police who serves as a co-
1216	chair of a regional domestic security task force pursuant to s.
1217	943.0312(1)(b).
1218	11.  Each of the department's special agents in charge who
1219	serve as a co-chair of a regional domestic security task force.
1220	12.  Two representatives of the Florida Fire Chiefs
1221	Association.
1222	13.  One representative of the Florida Police Chiefs
1223	Association.
1224	14.  One representative of the Florida Prosecuting
1225	Attorneys Association.
1226	15.  The chair of the Statewide Domestic Security
1227	Intelligence Committee.
1228	16.  One representative of the Florida Hospital
1229	Association.
1230	17.  One representative of the Emergency Medical Services
1231	Advisory Council.
1232	18.  One representative of the Florida Emergency
1233	Preparedness Association.
1234	19.  One representative of the Florida Seaport
1235	Transportation and Economic Development Council.
1236	(2)  ORGANIZATION.-
1237	(b)  The executive director of the Department of Law
1238	Enforcement shall serve as chair of the council, and the
1239	director of the Office Division of Emergency Management within
1240	the Department of Community Affairs shall serve as vice chair of
1241	the council. In the absence of the chair, the vice chair shall
1242	serve as chair. In the absence of the vice chair, the chair may
1243	name any member of the council to perform the duties of the
1244	chair if such substitution does not extend beyond a defined
1245	meeting, duty, or period of time.
1246	(4)  EXECUTIVE COMMITTEE.-
1247	(b)  The executive director of the Department of Law
1248	Enforcement shall serve as the chair of the executive committee,
1249	and the director of the Office Division of Emergency Management
1250	within the Department of Community Affairs shall serve as the
1251	vice chair of the executive committee.
1252	Section 30.  Subsection (3) of section 112.3135, Florida
1253	Statutes, is amended to read:
1254	112.3135  Restriction on employment of relatives.-
1255	(3)  An agency may prescribe regulations authorizing the
1256	temporary employment, in the event of an emergency as defined in
1257	s. 252.34(3), of individuals whose employment would be otherwise
1258	prohibited by this section.
1259	Section 31.  Paragraph (d) of subsection (2) of section
1260	119.071, Florida Statutes, is amended to read:
1261	119.071  General exemptions from inspection or copying of
1262	public records.-
1263	(2)  AGENCY INVESTIGATIONS.-
1264	(d)  Any information revealing surveillance techniques or
1265	procedures or personnel is exempt from s. 119.07(1) and s.
1266	24(a), Art. I of the State Constitution. Any comprehensive
1267	inventory of state and local law enforcement resources compiled
1268	pursuant to part I, chapter 23, and any comprehensive policies
1269	or plans compiled by a criminal justice agency pertaining to the
1270	mobilization, deployment, or tactical operations involved in
1271	responding to an emergency emergencies, as defined in s.
1272	252.34(3), are exempt from s. 119.07(1) and s. 24(a), Art. I of
1273	the State Constitution and unavailable for inspection, except by
1274	personnel authorized by a state or local law enforcement agency,
1275	the office of the Governor, the Department of Legal Affairs, the
1276	Department of Law Enforcement, or the Department of Community
1277	Affairs as having an official need for access to the inventory
1278	or comprehensive policies or plans.
1279	Section 32.  Paragraph (c) of subsection (1) of section
1280	163.03, Florida Statutes, is amended to read:
1281	163.03  Secretary of Community Affairs; powers and duties;
1282	function of Department of Community Affairs with respect to
1283	federal grant-in-aid programs.-
1284	(1)  The Secretary of Community Affairs shall:
1285	(c)  Under the direction of the Governor, administer
1286	programs to apply rapidly all available aid to communities
1287	stricken by an emergency as defined in s. 252.34(3) and, for
1288	this purpose, provide liaison with federal agencies and other
1289	public and private agencies.
1290	Section 33.  Subsection (10) of section 163.360, Florida
1291	Statutes, is amended to read:
1292	163.360  Community redevelopment plans.-
1293	(10)  Notwithstanding any other provisions of this part, if
1294	when the governing body certifies that an area is in need of
1295	redevelopment or rehabilitation as a result of an emergency as
1296	defined in under s. 252.34(3), with respect to which the
1297	Governor has certified the need for emergency assistance under
1298	federal law, that area may be certified as a "blighted area,"
1299	and the governing body may approve a community redevelopment
1300	plan and community redevelopment with respect to such area
1301	without regard to the provisions of this section requiring a
1302	general plan for the county or municipality and a public hearing
1303	on the community redevelopment.
1304	Section 34.  Subsection (1) of section 175.021, Florida
1305	Statutes, is amended to read:
1306	175.021  Legislative declaration.-
1307	(1)  It is hereby declared by the Legislature that
1308	firefighters, as hereinafter defined, perform state and
1309	municipal functions; that it is their duty to extinguish fires,
1310	to protect life, and to protect property at their own risk and
1311	peril; that it is their duty to prevent conflagration and to
1312	continuously instruct school personnel, public officials, and
1313	private citizens in the prevention of fires and firesafety; that
1314	they protect both life and property from local emergencies as
1315	defined in s. 252.34(3); and that their activities are vital to
1316	the public safety. It is further declared that firefighters
1317	employed by special fire control districts serve under the same
1318	circumstances and perform the same duties as firefighters
1319	employed by municipalities and should therefore be entitled to
1320	the benefits available under this chapter. Therefore, the
1321	Legislature declares that it is a proper and legitimate state
1322	purpose to provide a uniform retirement system for the benefit
1323	of firefighters as hereinafter defined and intends, in
1324	implementing the provisions of s. 14, Art. X of the State
1325	Constitution as they relate to municipal and special district
1326	firefighters' pension trust fund systems and plans, that such
1327	retirement systems or plans be managed, administered, operated,
1328	and funded in such manner as to maximize the protection of the
1329	firefighters' pension trust funds. Pursuant to s. 18, Art. VII
1330	of the State Constitution, the Legislature hereby determines and
1331	declares that the provisions of this act fulfill an important
1332	state interest.
1333	Section 35.  Subsection (11) of section 186.505, Florida
1334	Statutes, is amended to read:
1335	186.505  Regional planning councils; powers and duties.-Any
1336	regional planning council created hereunder shall have the
1337	following powers:
1338	(11)  To cooperate, in the exercise of its planning
1339	functions, with federal and state agencies in planning for
1340	emergency management as defined in under s. 252.34(4).
1341	Section 36.  Subsection (1) of section 216.231, Florida
1342	Statutes, is amended to read:
1343	216.231  Release of certain classified appropriations.-
1344	(1)(a)  Any appropriation to the Executive Office of the
1345	Governor which is classified as an "emergency," as defined in s.
1346	252.34(3), may be released only with the approval of the
1347	Governor. The state agency, or the judicial branch, desiring the
1348	use of the emergency appropriation shall submit to the Executive
1349	Office of the Governor application therefor in writing setting
1350	forth the facts from which the alleged need arises. The
1351	Executive Office of the Governor shall, at a public hearing,
1352	review such application promptly and approve or disapprove the
1353	applications as the circumstances may warrant. All actions of
1354	the Executive Office of the Governor shall be reported to the
1355	legislative appropriations committees, and the committees may
1356	advise the Executive Office of the Governor relative to the
1357	release of such funds.
1358	(b)  The release of appropriated funds classified as
1359	"emergency" shall be approved only if when an act or
1360	circumstance caused by an act of God, civil disturbance, natural
1361	disaster, or other circumstance of an emergency nature
1362	threatens, endangers, or damages the property, safety, health,
1363	or welfare of the state or its residents citizens, which
1364	condition has not been provided for in appropriation acts of the
1365	Legislature. Funds allocated for this purpose may be used to pay
1366	overtime pay to personnel of agencies called upon to perform
1367	extra duty because of any civil disturbance or other emergency
1368	as defined in s. 252.34(3) and to provide the required state
1369	match for federal grants under the federal Disaster Relief Act.
1370	Section 37.  Subsections (3) and (4) of section 250.06,
1371	Florida Statutes, are amended to read:
1372	250.06  Commander in chief.-
1373	(3)  The Governor may, in order to preserve the public
1374	peace, execute the laws of the state, suppress insurrection,
1375	repel invasion, respond to an emergency as defined in s.
1376	252.34(3) or imminent danger thereof, or, in case of the calling
1377	of all or any portion of the militia of this state Florida into
1378	the services of the United States, may increase the Florida
1379	National Guard and organize it in accordance with rules and
1380	regulations governing the Armed Forces of the United States.
1381	Such organization and increase may be pursuant to or in advance
1382	of any call made by the President of the United States. If the
1383	Florida National Guard is activated into service of the United
1384	States, another organization may not be designated as the
1385	Florida National Guard.
1386	(4)  The Governor may, in order to preserve the public
1387	peace, execute the laws of the state, enhance domestic security,
1388	respond to terrorist threats or attacks, respond to an emergency
1389	as defined in s. 252.34(3) or imminent danger thereof, or
1390	respond to any need for emergency aid to civil authorities as
1391	specified in s. 250.28, order into state active duty all or any
1392	part of the militia which he or she deems proper.
1393	Section 38.  Paragraph (g) of subsection (7) of section
1394	339.135, Florida Statutes, is amended to read:
1395	339.135  Work program; legislative budget request;
1396	definitions; preparation, adoption, execution, and amendment.-
1397	(7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.-
1398	(g)  Notwithstanding the requirements in paragraphs (d) and
1399	(g) and ss. 216.177(2) and 216.351, the secretary may request
1400	the Executive Office of the Governor to amend the adopted work
1401	program when an emergency exists, as defined in s. 252.34(3),
1402	and the emergency relates to the repair or rehabilitation of any
1403	state transportation facility. The Executive Office of the
1404	Governor may approve the amendment to the adopted work program
1405	and amend that portion of the department's approved budget if a
1406	in the event that the delay incident to the notification
1407	requirements in paragraph (d) would be detrimental to the
1408	interests of the state. However, the department shall
1409	immediately notify the parties specified in paragraph (d) and
1410	shall provide such parties written justification for the
1411	emergency action within 7 days after of the approval by the
1412	Executive Office of the Governor of the amendment to the adopted
1413	work program and the department's budget. In no event may The
1414	adopted work program may not be amended under the provisions of
1415	this subsection without the certification by the comptroller of
1416	the department that there are sufficient funds available
1417	pursuant to the 36-month cash forecast and applicable statutes.
1418	Section 39.  Paragraph (b) of subsection (2) of section
1419	429.907, Florida Statutes, is amended to read:
1420	429.907  License requirement; fee; exemption; display.-
1421	(2)
1422	(b)  If In the event a licensed center becomes wholly or
1423	substantially unusable due to a disaster as defined in s.
1424	252.34(1) or due to an emergency as those terms are defined in
1425	s. 252.34(3):
1426	1.  The licensee may continue to operate under its current
1427	license in a premise or premises separate from that authorized
1428	under the license if the licensee has:
1429	a.  Specified the location of the premise or premises in
1430	its comprehensive emergency management plan submitted to and
1431	approved by the applicable county emergency management
1432	authority; and
1433	b.  Notified the agency and the county emergency management
1434	authority within 24 hours of operating in the separate premise
1435	or premises.
1436	2.  The licensee shall operate the separate premise or
1437	premises only while the licensed center's original location is
1438	substantially unusable and for up to no longer than 180 days.
1439	The agency may extend use of the alternate premise or premises
1440	beyond the initial 180 days. The agency may also review the
1441	operation of the disaster premise or premises quarterly.
1442	Section 40.  The Division of Statutory Revision is
1443	requested to prepare a reviser's bill for introduction at the
1444	next regular session of the Legislature to conform the Florida
1445	Statutes to changes made by this act.
1446	Section 41.  This act shall take effect October 1, 2011.

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