CS/HB 1245

1
A bill to be entitled
2An act relating to the Division of Emergency Management;
3transferring the division to the Executive Office of the
4Governor and renaming it the "Office of Emergency
5Management"; creating s. 14.2016, F.S.; establishing the
6Office of Emergency Management in the Executive Office of
7the Governor; amending ss. 20.18 and 125.01045, F.S.;
8conforming provisions to changes made by the act; amending
9s. 215.559, F.S.; revising the membership of the Hurricane
10Loss Mitigation Program's advisory group; extending the
11expiration date of provisions authorizing the use of funds
12for specified hurricane shelters; conforming provisions to
13changes made by the act; amending ss. 163.3178, 166.0446,
14215.5586, 252.32, 252.34, 252.35, 252.355, 252.61, 252.82,
15252.936, 252.937, 252.943, 252.946, 282.34, 282.709,
16311.115, 526.143, 526.144, 627.0628, 768.13, 943.03,
17943.03101, 943.0312, and 943.0313, F.S.; conforming
18provisions to changes made by the act; amending ss.
19112.3135, 119.071, 163.03, 163.360, 175.021, 186.505,
20216.231, 250.06, 339.135, and 429.907, F.S.; conforming
21cross-references; providing a directive to the Division of
22Statutory Revision; providing an effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Effective July 1, 2011, the Division of
27Emergency Management of the Department of Community Affairs is
28transferred by a type two transfer, as defined in s. 20.06(2),
29Florida Statutes, to the Executive Office of the Governor and
30renamed the Office of Emergency Management.
31     Section 2.  Section 14.2016, Florida Statutes, is created
32to read:
33     14.2016  Office of Emergency Management.-The Office of
34Emergency Management is established within the Executive Office
35of the Governor. The office shall be a separate budget entity,
36as provided in the General Appropriations Act, and shall prepare
37and submit a budget request in accordance with chapter 216. The
38office shall be responsible for all professional, technical, and
39administrative support functions necessary to carry out its
40responsibilities under part I of chapter 252. The director of
41the office shall be appointed by and serve at the pleasure of
42the Governor, and shall be the head of the office for all
43purposes. The office shall administer programs to apply rapidly
44all available aid to communities stricken by an emergency as
45defined in s. 252.34 and, for this purpose, provide liaison with
46federal agencies and other public and private agencies.
47     Section 3.  Subsection (2) of section 20.18, Florida
48Statutes, is amended to read:
49     20.18  Department of Community Affairs.-There is created a
50Department of Community Affairs.
51     (2)  The following units of the Department of Community
52Affairs are established:
53     (a)  Division of Emergency Management. The division is a
54separate budget entity and is not subject to control,
55supervision, or direction by the Department of Community Affairs
56in any manner including, but not limited to, personnel,
57purchasing, transactions involving personal property, and
58budgetary matters. The division director shall be appointed by
59the Governor, shall serve at the pleasure of the Governor, and
60shall be the agency head of the division for all purposes. The
61division shall enter into a service agreement with the
62department for professional, technological, and administrative
63support services. The division shall collaborate and coordinate
64with the department on nonemergency response matters, including,
65but not limited to, disaster recovery programs, grant programs,
66mitigation programs, and emergency matters related to
67comprehensive plans.
68     (a)(b)  Division of Housing and Community Development.
69     (b)(c)  Division of Community Planning.
70     Section 4.  Subsection (1) of section 125.01045, Florida
71Statutes, is amended to read:
72     125.01045  Prohibition of fees for first responder
73services.-
74     (1)  A county may not impose a fee or seek reimbursement
75for any costs or expenses that may be incurred for services
76provided by a first responder, including costs or expenses
77related to personnel, supplies, motor vehicles, or equipment in
78response to a motor vehicle accident, except for costs to
79contain or clean up hazardous materials in quantities reportable
80to the Florida State Warning Point at the Office Division of
81Emergency Management, and costs for transportation and treatment
82provided by ambulance services licensed pursuant to s. 401.23(4)
83and (5).
84     Section 5.  Section 215.559, Florida Statutes, is amended
85to read:
86     215.559  Hurricane Loss Mitigation Program.-
87     (1)  There is created A Hurricane Loss Mitigation Program
88is established in the Office of Emergency Management.
89     (1)  The Legislature shall annually appropriate $10 million
90of the moneys authorized for appropriation under s.
91215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the
92office Department of Community Affairs for the purposes set
93forth in this section. Of that amount:
94     (2)(a)  Seven million dollars in funds provided in
95subsection (1) shall be used for programs to improve the wind
96resistance of residences and mobile homes, including loans,
97subsidies, grants, demonstration projects, and direct
98assistance; educating persons concerning the Florida Building
99Code cooperative programs with local governments and the Federal
100Government; and other efforts to prevent or reduce losses or
101reduce the cost of rebuilding after a disaster.
102     (b)  Three million dollars in funds provided in subsection
103(1) shall be used to retrofit existing facilities used as public
104hurricane shelters. Each year the office shall department must
105prioritize the use of these funds for projects included in the
106annual report of the September 1, 2000, version of the Shelter
107Retrofit Report prepared in accordance with s. 252.385(3), and
108each annual report thereafter. The office department must give
109funding priority to projects in regional planning council
110regions that have shelter deficits and to projects that maximize
111the use of state funds.
112     (2)(3)(a)  Forty percent of the total appropriation in
113paragraph (1)(a) (2)(a) shall be used to inspect and improve
114tie-downs for mobile homes.
115     (b)1.  There is created The Manufactured Housing and Mobile
116Home Mitigation and Enhancement Program is established. The
117program shall require the mitigation of damage to or the
118enhancement of homes for the areas of concern raised by the
119Department of Highway Safety and Motor Vehicles in the 2004-2005
120Hurricane Reports on the effects of the 2004 and 2005 hurricanes
121on manufactured and mobile homes in this state. The mitigation
122or enhancement must include, but need not be limited to,
123problems associated with weakened trusses, studs, and other
124structural components caused by wood rot or termite damage;
125site-built additions; or tie-down systems and may also address
126any other issues deemed appropriate by Tallahassee Community
127College, the Federation of Manufactured Home Owners of Florida,
128Inc., the Florida Manufactured Housing Association, and the
129Department of Highway Safety and Motor Vehicles. The program
130shall include an education and outreach component to ensure that
131owners of manufactured and mobile homes are aware of the
132benefits of participation.
133     2.  The program shall be a grant program that ensures that
134entire manufactured home communities and mobile home parks may
135be improved wherever practicable. The moneys appropriated for
136this program shall be distributed directly to Tallahassee
137Community College for the uses set forth under this subsection.
138     3.  Upon evidence of completion of the program, the
139Citizens Property Insurance Corporation shall grant, on a pro
140rata basis, actuarially reasonable discounts, credits, or other
141rate differentials or appropriate reductions in deductibles for
142the properties of owners of manufactured homes or mobile homes
143on which fixtures or construction techniques that have been
144demonstrated to reduce the amount of loss in a windstorm have
145been installed or implemented. The discount on the premium must
146be applied to subsequent renewal premium amounts. Premiums of
147the Citizens Property Insurance Corporation must reflect the
148location of the home and the fact that the home has been
149installed in compliance with building codes adopted after
150Hurricane Andrew. Rates resulting from the completion of the
151Manufactured Housing and Mobile Home Mitigation and Enhancement
152Program are not considered competitive rates for the purposes of
153s. 627.351(6)(d)1. and 2.
154     4.  On or before January 1 of each year, Tallahassee
155Community College shall provide a report of activities under
156this subsection to the Governor, the President of the Senate,
157and the Speaker of the House of Representatives. The report must
158set forth the number of homes that have taken advantage of the
159program, the types of enhancements and improvements made to the
160manufactured or mobile homes and attachments to such homes, and
161whether there has been an increase in availability of insurance
162products to owners of manufactured or mobile homes.
163
164Tallahassee Community College shall develop the programs set
165forth in this subsection in consultation with the Federation of
166Manufactured Home Owners of Florida, Inc., the Florida
167Manufactured Housing Association, and the Department of Highway
168Safety and Motor Vehicles. The moneys appropriated for the
169programs set forth in this subsection shall be distributed
170directly to Tallahassee Community College to be used as set
171forth in this subsection.
172     (3)(4)  Of moneys provided to the Department of Community
173Affairs in paragraph (1)(a) (2)(a), 10 percent shall be
174allocated to the Florida International University center
175dedicated to hurricane research. The center shall develop a
176preliminary work plan approved by the advisory council set forth
177in subsection (4) (5) to eliminate the state and local barriers
178to upgrading existing mobile homes and communities, research and
179develop a program for the recycling of existing older mobile
180homes, and support programs of research and development relating
181to hurricane loss reduction devices and techniques for site-
182built residences. The State University System also shall consult
183with the Department of Community Affairs and assist the
184department with the report required under subsection (6) (7).
185     (4)(5)  Except for the programs set forth in subsection (3)
186     (4), The office Department of Community Affairs shall
187develop the programs set forth in this section in consultation
188with an advisory council consisting of a representative
189designated by the Chief Financial Officer, a representative
190designated by the Florida Home Builders Association, a
191representative designated by the Florida Insurance Council, a
192representative designated by the Federation of Manufactured Home
193Owners, a representative designated by the Florida Association
194of Counties, and a representative designated by the Florida
195Manufactured Housing Association, and a representative
196designated by the Florida Building Commission.
197     (5)(6)  Moneys provided to the office Department of
198Community Affairs under this section are intended to supplement,
199not supplant, the office's other funding sources of the
200Department of Community Affairs and may not supplant other
201funding sources of the Department of Community Affairs.
202     (6)(7)  On January 1st of each year, the office Department
203of Community Affairs shall provide a full report and accounting
204of activities under this section and an evaluation of such
205activities to the Speaker of the House of Representatives, the
206President of the Senate, and the Majority and Minority Leaders
207of the House of Representatives and the Senate. Upon completion
208of the report, the office Department of Community Affairs shall
209deliver the report to the Office of Insurance Regulation. The
210Office of Insurance Regulation shall review the report and shall
211make such recommendations available to the insurance industry as
212the Office of Insurance Regulation deems appropriate. These
213recommendations may be used by insurers for potential discounts
214or rebates pursuant to s. 627.0629. The Office of Insurance
215Regulation shall make such the recommendations within 1 year
216after receiving the report.
217     (7)(8)(a)  Notwithstanding any other provision of this
218section and for the 2010-2011 fiscal year only, the $3 million
219appropriation provided for in paragraph (1)(b) (2)(b) may be
220used for hurricane shelters as identified in the General
221Appropriations Act.
222     (b)  This subsection expires June 30, 2021 2011.
223     (8)(9)  This section is repealed June 30, 2011.
224     Section 6.  Paragraph (d) of subsection (2) of section
225163.3178, Florida Statutes, is amended to read:
226     163.3178  Coastal management.-
227     (2)  Each coastal management element required by s.
228163.3177(6)(g) shall be based on studies, surveys, and data; be
229consistent with coastal resource plans prepared and adopted
230pursuant to general or special law; and contain:
231     (d)  A component which outlines principles for hazard
232mitigation and protection of human life against the effects of
233natural disaster, including population evacuation, which take
234into consideration the capability to safely evacuate the density
235of coastal population proposed in the future land use plan
236element in the event of an impending natural disaster. The
237Office Division of Emergency Management shall manage the update
238of the regional hurricane evacuation studies, ensure such
239studies are done in a consistent manner, and ensure that the
240methodology used for modeling storm surge is that used by the
241National Hurricane Center.
242     Section 7.  Subsection (1) of section 166.0446, Florida
243Statutes, is amended to read:
244     166.0446  Prohibition of fees for first responder
245services.-
246     (1)  A municipality may not impose a fee or seek
247reimbursement for any costs or expenses that may be incurred for
248services provided by a first responder, including costs or
249expenses related to personnel, supplies, motor vehicles, or
250equipment in response to a motor vehicle accident, except for
251costs to contain or clean up hazardous materials in quantities
252reportable to the Florida State Warning Point at the Office
253Division of Emergency Management, and costs for transportation
254and treatment provided by ambulance services licensed pursuant
255to s. 401.23(4) and (5).
256     Section 8.  Paragraph (j) of subsection (4) of section
257215.5586, Florida Statutes, is amended to read:
258     215.5586  My Safe Florida Home Program.-There is
259established within the Department of Financial Services the My
260Safe Florida Home Program. The department shall provide fiscal
261accountability, contract management, and strategic leadership
262for the program, consistent with this section. This section does
263not create an entitlement for property owners or obligate the
264state in any way to fund the inspection or retrofitting of
265residential property in this state. Implementation of this
266program is subject to annual legislative appropriations. It is
267the intent of the Legislature that the My Safe Florida Home
268Program provide trained and certified inspectors to perform
269inspections for owners of site-built, single-family, residential
270properties and grants to eligible applicants as funding allows.
271The program shall develop and implement a comprehensive and
272coordinated approach for hurricane damage mitigation that may
273include the following:
274     (4)  ADVISORY COUNCIL.-There is created an advisory council
275to provide advice and assistance to the department regarding
276administration of the program. The advisory council shall
277consist of:
278     (j)  The director of the Office Florida Division of
279Emergency Management.
280
281Members appointed under paragraphs (a)-(d) shall serve at the
282pleasure of the Financial Services Commission. Members appointed
283under paragraphs (e) and (f) shall serve at the pleasure of the
284appointing officer. All other members shall serve as voting ex
285officio members. Members of the advisory council shall serve
286without compensation but may receive reimbursement as provided
287in s. 112.061 for per diem and travel expenses incurred in the
288performance of their official duties.
289     Section 9.  Paragraphs (a) and (b) of subsection (1) of
290section 252.32, Florida Statutes, are amended to read:
291     252.32  Policy and purpose.-
292     (1)  Because of the existing and continuing possibility of
293the occurrence of emergencies and disasters resulting from
294natural, technological, or manmade causes; in order to ensure
295that preparations of this state will be adequate to deal with,
296reduce vulnerability to, and recover from such emergencies and
297disasters; to provide for the common defense and to protect the
298public peace, health, and safety; and to preserve the lives and
299property of the people of the state, it is hereby found and
300declared to be necessary:
301     (a)  To create a state emergency management agency to be
302known as the "Office Division of Emergency Management," to
303authorize the creation of local organizations for emergency
304management in the political subdivisions of the state, and to
305authorize cooperation with the Federal Government and the
306governments of other states.
307     (b)  To confer upon the Governor, the Office Division of
308Emergency Management, and the governing body of each political
309subdivision of the state the emergency powers provided herein.
310     Section 10.  Section 252.34, Florida Statutes, is amended
311to read:
312     252.34  Definitions.-As used in this part ss. 252.31-
313252.60, the term:
314     (1)  "Disaster" means any natural, technological, or civil
315emergency that causes damage of sufficient severity and
316magnitude to result in a declaration of a state of emergency by
317a county, the Governor, or the President of the United States.
318Disasters shall be identified by the severity of resulting
319damage, as follows:
320     (a)  "Catastrophic disaster" means a disaster that will
321require massive state and federal assistance, including
322immediate military involvement.
323     (b)  "Major disaster" means a disaster that will likely
324exceed local capabilities and require a broad range of state and
325federal assistance.
326     (c)  "Minor disaster" means a disaster that is likely to be
327within the response capabilities of local government and to
328result in only a minimal need for state or federal assistance.
329     (2)  "Division" means the Division of Emergency Management
330of the Department of Community Affairs, or the successor to that
331division.
332     (2)(3)  "Emergency" means any occurrence, or threat
333thereof, whether natural, technological, or manmade, in war or
334in peace, which results or may result in substantial injury or
335harm to the population or substantial damage to or loss of
336property.
337     (3)(4)  "Emergency management" means the preparation for,
338the mitigation of, the response to, and the recovery from
339emergencies and disasters. Specific emergency management
340responsibilities include, but are not limited to:
341     (a)  Reduction of vulnerability of people and communities
342of this state to damage, injury, and loss of life and property
343resulting from natural, technological, or manmade emergencies or
344hostile military or paramilitary action.
345     (b)  Preparation for prompt and efficient response and
346recovery to protect lives and property affected by emergencies.
347     (c)  Response to emergencies using all systems, plans, and
348resources necessary to preserve adequately the health, safety,
349and welfare of persons or property affected by the emergency.
350     (d)  Recovery from emergencies by providing for the rapid
351and orderly start of restoration and rehabilitation of persons
352and property affected by emergencies.
353     (e)  Provision of an emergency management system embodying
354all aspects of preemergency preparedness and postemergency
355response, recovery, and mitigation.
356     (f)  Assistance in anticipation, recognition, appraisal,
357prevention, and mitigation of emergencies which may be caused or
358aggravated by inadequate planning for, and regulation of, public
359and private facilities and land use.
360     (4)(5)  "Local emergency management agency" means an
361organization created in accordance with the provisions of ss.
362252.31-252.90 to discharge the emergency management
363responsibilities and functions of a political subdivision.
364     (5)(6)  "Manmade emergency" means an emergency caused by an
365action against persons or society, including, but not limited
366to, enemy attack, sabotage, terrorism, civil unrest, or other
367action impairing the orderly administration of government.
368     (6)(7)  "Natural emergency" means an emergency caused by a
369natural event, including, but not limited to, a hurricane, a
370storm, a flood, severe wave action, a drought, or an earthquake.
371     (7)  "Office" means the Office of Emergency Management
372within the Executive Office of the Governor, or the successor to
373that office.
374     (8)  "Political subdivision" means any county or
375municipality created pursuant to law.
376     (9)  "Technological emergency" means an emergency caused by
377a technological failure or accident, including, but not limited
378to, an explosion, transportation accident, radiological
379accident, or chemical or other hazardous material incident.
380     Section 11.  Section 252.35, Florida Statutes, is amended
381to read:
382     252.35  Emergency management powers; Division of Emergency
383Management.-
384     (1)  The office division is responsible for maintaining a
385comprehensive statewide program of emergency management and for
386coordinating the. The division is responsible for coordination
387with efforts of the Federal Government with other departments
388and agencies of state government, with county and municipal
389governments and school boards, and with private agencies that
390have a role in emergency management.
391     (2)  The office division is responsible for carrying out
392the provisions of ss. 252.31-252.90. In performing its duties
393under ss. 252.31-252.90, the office division shall:
394     (a)  Prepare a state comprehensive emergency management
395plan, which shall be integrated into and coordinated with the
396emergency management plans and programs of the Federal
397Government. The office division must adopt the plan as a rule in
398accordance with chapter 120. The plan shall be implemented by a
399continuous, integrated comprehensive emergency management
400program. The plan must contain provisions to ensure that the
401state is prepared for emergencies and minor, major, and
402catastrophic disasters, and the office division shall work
403closely with local governments and agencies and organizations
404with emergency management responsibilities in preparing and
405maintaining the plan. The state comprehensive emergency
406management plan must shall be operations oriented and:
407     1.  Include an evacuation component that includes specific
408regional and interregional planning provisions and promotes
409intergovernmental coordination of evacuation activities. This
410component must, at a minimum: contain guidelines for lifting
411tolls on state highways; ensure coordination pertaining to
412evacuees crossing county lines; set forth procedures for
413directing people caught on evacuation routes to safe shelter;
414establish strategies for ensuring sufficient, reasonably priced
415fueling locations along evacuation routes; and establish
416policies and strategies for emergency medical evacuations.
417     2.  Include a shelter component that includes specific
418regional and interregional planning provisions and promotes
419coordination of shelter activities between the public, private,
420and nonprofit sectors. This component must, at a minimum:
421contain strategies to ensure the availability of adequate public
422shelter space in each region of the state; establish strategies
423for refuge-of-last-resort programs; provide strategies to assist
424local emergency management efforts to ensure that adequate
425staffing plans exist for all shelters, including medical and
426security personnel; provide for a postdisaster communications
427system for public shelters; establish model shelter guidelines
428for operations, registration, inventory, power generation
429capability, information management, and staffing; and set forth
430policy guidance for sheltering people with special needs.
431     3.  Include a postdisaster response and recovery component
432that includes specific regional and interregional planning
433provisions and promotes intergovernmental coordination of
434postdisaster response and recovery activities. This component
435must provide for postdisaster response and recovery strategies
436according to whether a disaster is minor, major, or
437catastrophic. The postdisaster response and recovery component
438must, at a minimum: establish the structure of the state's
439postdisaster response and recovery organization; establish
440procedures for activating the state's plan; set forth policies
441used to guide postdisaster response and recovery activities;
442describe the chain of command during the postdisaster response
443and recovery period; describe initial and continuous
444postdisaster response and recovery actions; identify the roles
445and responsibilities of each involved agency and organization;
446provide for a comprehensive communications plan; establish
447procedures for monitoring mutual aid agreements; provide for
448rapid impact assessment teams; ensure the availability of an
449effective statewide urban search and rescue program coordinated
450with the fire services; ensure the existence of a comprehensive
451statewide medical care and relief plan administered by the
452Department of Health; and establish systems for coordinating
453volunteers and accepting and distributing donated funds and
454goods.
455     4.  Include additional provisions addressing aspects of
456preparedness, response, recovery, and mitigation as determined
457necessary by the office division.
458     5.  Address the need for coordinated and expeditious
459deployment of state resources, including the Florida National
460Guard. In the case of an imminent major disaster, procedures
461should address predeployment of the Florida National Guard, and,
462in the case of an imminent catastrophic disaster, procedures
463should address predeployment of the Florida National Guard and
464the United States Armed Forces.
465     6.  Establish a system of communications and warning to
466ensure that the state's population and emergency management
467agencies are warned of developing emergency situations and can
468communicate emergency response decisions.
469     7.  Establish guidelines and schedules for annual exercises
470that evaluate the ability of the state and its political
471subdivisions to respond to minor, major, and catastrophic
472disasters and support local emergency management agencies. Such
473exercises must shall be coordinated with local governments and,
474to the extent possible, the Federal Government.
475     8.  Assign lead and support responsibilities to state
476agencies and personnel for emergency support functions and other
477support activities.
478
479The complete state comprehensive emergency management plan must
480shall be submitted to the President of the Senate, the Speaker
481of the House of Representatives, and the Governor on February 1
482of every even-numbered year.
483     (b)  Adopt standards and requirements for county emergency
484management plans. The standards and requirements must ensure
485that county plans are coordinated and consistent with the state
486comprehensive emergency management plan. If a municipality
487elects to establish an emergency management program, it must
488adopt a city emergency management plan that complies with all
489standards and requirements applicable to county emergency
490management plans.
491     (c)  Assist political subdivisions in preparing and
492maintaining emergency management plans.
493     (d)  Review periodically political subdivision emergency
494management plans for consistency with the state comprehensive
495emergency management plan and standards and requirements adopted
496under this section.
497     (e)  Cooperate with the President, the heads of the Armed
498Forces, the various federal emergency management agencies, and
499the officers and agencies of other states in matters pertaining
500to emergency management in the state and the nation and
501incidents thereof and, in connection therewith, take any
502measures that it deems proper to carry into effect any request
503of the President and the appropriate federal officers and
504agencies for any emergency management action, including the
505direction or control of:
506     1.  Emergency management drills, tests, or exercises of
507whatever nature.
508     2.  Warnings and signals for tests and drills, attacks, or
509other imminent emergencies or threats thereof and the mechanical
510devices to be used in connection with such warnings and signals.
511     (f)  Make recommendations to the Legislature, building code
512organizations, and political subdivisions for zoning, building,
513and other land use controls; safety measures for securing mobile
514homes or other nonpermanent or semipermanent structures; and
515other preparedness, prevention, and mitigation measures designed
516to eliminate emergencies or reduce their impact.
517     (g)  In accordance with the state comprehensive emergency
518management plan and program for emergency management, ascertain
519the requirements of the state and its political subdivisions for
520equipment and supplies of all kinds in the event of an
521emergency; plan for and either procure supplies, medicines,
522materials, and equipment or enter into memoranda of agreement or
523open purchase orders that will ensure their availability; and
524use and employ from time to time any of the property, services,
525and resources within the state in accordance with ss. 252.31-
526252.90.
527     (h)  Anticipate trends and promote innovations that will
528enhance the emergency management system.
529     (i)  Institute statewide public awareness programs. This
530shall include an intensive public educational campaign on
531emergency preparedness issues, including, but not limited to,
532the personal responsibility of individual citizens to be self-
533sufficient for up to 72 hours following a natural or manmade
534disaster. The public educational campaign must shall include
535relevant information on statewide disaster plans, evacuation
536routes, fuel suppliers, and shelters. All educational materials
537must be available in alternative formats and mediums to ensure
538that they are available to persons with disabilities.
539     (j)  In cooperation with The Division of Emergency
540Management and the Department of Education, shall coordinate
541with the Agency for Persons with Disabilities to provide an
542educational outreach program on disaster preparedness and
543readiness to individuals who have limited English skills and
544identify persons who are in need of assistance but are not
545defined under special-needs criteria.
546     (k)  Prepare and distribute to appropriate state and local
547officials catalogs of federal, state, and private assistance
548programs.
549     (l)  Coordinate federal, state, and local emergency
550management activities and take all other steps, including the
551partial or full mobilization of emergency management forces and
552organizations in advance of an actual emergency, to ensure the
553availability of adequately trained and equipped forces of
554emergency management personnel before, during, and after
555emergencies and disasters.
556     (m)  Establish a schedule of fees that may be charged by
557local emergency management agencies for review of emergency
558management plans on behalf of external agencies and
559institutions. In establishing such schedule, the office division
560shall consider facility size, review complexity, and other
561factors.
562     (n)  Implement training programs to improve the ability of
563state and local emergency management personnel to prepare and
564implement emergency management plans and programs. This includes
565shall include a continuous training program for agencies and
566individuals that will be called on to perform key roles in state
567and local postdisaster response and recovery efforts and for
568local government personnel on federal and state postdisaster
569response and recovery strategies and procedures.
570     (o)  Review Periodically review emergency operating
571procedures of state agencies and recommend revisions as needed
572to ensure consistency with the state comprehensive emergency
573management plan and program.
574     (p)  Make such surveys of industries, resources, and
575facilities within the state, both public and private, as are
576necessary to carry out the purposes of ss. 252.31-252.90.
577     (q)  Prepare, in advance if whenever possible, such
578executive orders, proclamations, and rules for issuance by the
579Governor as are necessary or appropriate for coping with
580emergencies and disasters.
581     (r)  Cooperate with the Federal Government and any public
582or private agency or entity in achieving any purpose of ss.
583252.31-252.90 and in implementing programs for mitigation,
584preparation, response, and recovery.
585     (s)  By January 1, 2007, the Division of Emergency
586Management shall Complete an inventory of portable generators
587owned by the state and local governments which are capable of
588operating during a major disaster. The inventory must identify,
589at a minimum, the location of each generator, the number of
590generators stored at each specific location, the agency to which
591each generator belongs, the primary use of the generator by the
592owner agency, and the names, addresses, and telephone numbers of
593persons having the authority to loan the stored generators as
594authorized by the office Division of Emergency Management during
595a declared emergency.
596     (t)  The division shall Maintain an inventory list of
597generators owned by the state and local governments. In
598addition, the office division may keep a list of private
599entities, along with appropriate contact information, which
600offer generators for sale or lease. The list of private entities
601shall be available to the public for inspection in written and
602electronic formats.
603     (u)  Assist political subdivisions with the creation and
604training of urban search and rescue teams and promote the
605development and maintenance of a state urban search and rescue
606program.
607     (v)  Delegate, as necessary and appropriate, authority
608vested in it under ss. 252.31-252.90 and provide for the
609subdelegation of such authority.
610     (w)  Report biennially to the President of the Senate, the
611Speaker of the House of Representatives, and the Governor, no
612later than February 1 of every odd-numbered year, the status of
613the emergency management capabilities of the state and its
614political subdivisions.
615     (x)  In accordance with chapter 120, create, implement,
616administer, adopt, amend, and rescind rules, programs, and plans
617needed to carry out the provisions of ss. 252.31-252.90 with due
618consideration for, and in cooperating with, the plans and
619programs of the Federal Government. In addition, the office
620division may adopt rules in accordance with chapter 120 to
621administer and distribute federal financial predisaster and
622postdisaster assistance for prevention, mitigation,
623preparedness, response, and recovery.
624     (y)  Do other things necessary, incidental, or appropriate
625for the implementation of ss. 252.31-252.90.
626     Section 12.  Subsection (2) of section 252.355, Florida
627Statutes, is amended to read:
628     252.355  Registry of persons with special needs; notice.-
629     (2)  The office Department of Community Affairs shall be
630the designated lead agency responsible for community education
631and outreach to the public, including special needs clients,
632regarding registration and special needs shelters and general
633information regarding shelter stays.
634     Section 13.  Section 252.61, Florida Statutes, is amended
635to read:
636     252.61  List of persons for contact relating to release of
637toxic substances into atmosphere.-The Office of Emergency
638Management Department of Community Affairs shall maintain a list
639of contact persons after the survey pursuant to s. 403.771 is
640completed.
641     Section 14.  Section 252.82, Florida Statutes, is amended
642to read:
643     252.82  Definitions.-As used in this part:
644     (1)  "Commission" means the State Hazardous Materials
645Emergency Response Commission created pursuant to s. 301 of
646EPCRA.
647     (2)  "Committee" means any local emergency planning
648committee established in the state pursuant to s. 301 of EPCRA.
649     (3)  "Department" means the Department of Community
650Affairs.
651     (3)(4)  "Facility" means facility as defined in s. 329 of
652EPCRA. Vehicles placarded according to title 49 Code of Federal
653Regulations are shall not be considered a facility except for
654purposes of s. 304 of EPCRA.
655     (4)(5)  "Hazardous material" means any hazardous chemical,
656toxic chemical, or extremely hazardous substance, as defined in
657s. 329 of EPCRA.
658     (5)(6)  "EPCRA" means the Emergency Planning and Community
659Right-to-Know Act of 1986, title III of the Superfund Amendments
660and Reauthorization Act of 1986, Pub. L. No. 99-499, ss. 300-
661329, 42 U.S.C. ss. 11001 et seq.; and federal regulations
662adopted thereunder.
663     (6)  "Office" means the Office of Emergency Management
664within the Executive Office of the Governor.
665     (7)  "Trust fund" means the Operating Trust Fund of the
666office Department of Community Affairs.
667     Section 15.  Subsections (3), (8), (9), and (19) of section
668252.936, Florida Statutes, are amended to read:
669     252.936  Definitions.-As used in this part, the term:
670     (3)  "Audit" means a review of information at, a stationary
671source subject to s. 112(r)(7), or submitted by, a stationary
672source subject to s. 112(r)(7), to determine whether that
673stationary source is in compliance with the requirements of this
674part and rules adopted to administer implement this part. Audits
675must include a review of the adequacy of the stationary source's
676Risk Management Plan, may consist of reviews of information
677submitted to the office department or the United States
678Environmental Protection Agency to determine whether the plan is
679complete or whether revisions to the plan are needed, and the
680reviews may be conducted at the stationary source to confirm
681that information onsite is consistent with reported information.
682     (8)  "Department" means the Department of Community
683Affairs.
684     (8)(9)  "Inspection" means a review of information at a
685stationary source subject to s. 112(r)(7), including
686documentation and operating practices and access to the source
687and to any area where an accidental release could occur, to
688determine whether the stationary source is in compliance with
689the requirements of this part or rules adopted to administer
690implement this part.
691     (9)  "Office" means the Office of Emergency Management in
692the Executive Office of the Governor.
693     (19)  "Trust fund" means the Operating Trust Fund of the
694office established in the department's Division of Emergency
695Management.
696     Section 16.  Section 252.937, Florida Statutes, is amended
697to read:
698     252.937  Department powers and duties.-
699     (1)  The office department has the power and duty to:
700     (a)1.  Seek delegation from the United States Environmental
701Protection Agency to implement the Accidental Release Prevention
702Program under s. 112(r)(7) of the Clean Air Act and the federal
703implementing regulations for specified sources subject to s.
704112(r)(7) of the Clean Air Act. Implementation for all other
705sources subject to s. 112(r)(7) of the Clean Air Act shall will
706be performed by the United States Environmental Protection
707Agency; and
708     2.  Ensure the timely submission of Risk Management Plans
709and any subsequent revisions of Risk Management Plans.
710     (b)  Adopt, modify, and repeal rules, with the advice and
711consent of the commission, necessary to obtain delegation from
712the United States Environmental Protection Agency and to
713administer the s. 112(r)(7) Accidental Release Prevention
714Program in this state for the specified stationary sources with
715no expansion or addition of the regulatory program.
716     (c)  Make and execute contracts and other agreements
717necessary or convenient to the administration implementation of
718this part.
719     (d)  Coordinate its activities under this part with its
720other emergency management responsibilities, including its
721responsibilities and activities under parts I, II, and III of
722this chapter and with the related activities of other state and
723local agencies, keeping separate accounts for all activities
724conducted under this part which are supported or partially
725supported from the trust fund.
726     (e)  Establish, with the advice and consent of the
727commission, a technical assistance and outreach program on or
728before January 31, 1999, to assist owners and operators of
729specified stationary sources subject to s. 112(r)(7) in
730complying with the reporting and fee requirements of this part.
731This program is designed to facilitate and ensure timely
732submission of proper certifications or compliance schedules and
733timely submission and registration of Risk Management Plans and
734revised registrations and Risk Management Plans if when required
735for these sources.
736     (f)  Make a quarterly report to the State Emergency
737Response Commission on income and expenses for the state's
738Accidental Release Prevention Program under this part.
739     (2)  To ensure that this program is self-supporting, the
740office department shall provide administrative support,
741including staff, facilities, materials, and services to
742implement this part for specified stationary sources subject to
743s. 252.939 and shall provide necessary funding to local
744emergency planning committees and county emergency management
745agencies for work performed to implement this part. Each state
746agency with regulatory, inspection, or technical assistance
747programs for specified stationary sources subject to this part
748shall enter into a memorandum of understanding with the office
749department which specifically outlines how each agency's staff,
750facilities, materials, and services will be used utilized to
751support implementation. At a minimum, these agencies and
752programs include: the Department of Environmental Protection's
753Division of Air Resources Management and Division of Water
754Resource Management, and the Department of Labor and Employment
755Security's Division of Safety. It is the Legislature's intent to
756implement this part as efficiently and economically as possible,
757using existing expertise and resources, if available and
758appropriate.
759     (3)  To prevent the duplication of investigative efforts
760and resources, the office department, on behalf of the
761commission, shall coordinate with any federal agencies or agents
762thereof, including the federal Chemical Safety and Hazard
763Investigation Board, or its successor, which are performing
764accidental release investigations for specified stationary
765sources, and may coordinate with any agencies of the state which
766are performing accidental release investigations. This
767accidental release investigation coordination is not intended to
768limit or take the place of any individual agency accidental
769release investigation under separate authority.
770     (4)  To promote efficient administration of this program
771and specified stationary sources, the only the office agency
772which may seek delegation from the United States Environmental
773Protection Agency for this program is the Florida Department of
774Community Affairs. Further, the office may Florida Department of
775Community Affairs shall not delegate this program to any local
776environmental agency.
777     Section 17.  Section 252.943, Florida Statutes, is amended
778to read:
779     252.943  Public records.-
780     (1)  The office Department of Community Affairs shall
781protect records, reports, or information or particular parts
782thereof, other than release or emissions data, contained in a
783risk management plan from public disclosure pursuant to ss.
784112(r) and 114(c) of the federal Clean Air Act and authorities
785cited therein, based upon a showing satisfactory to the
786Administrator of the United States Environmental Protection
787Agency, by any owner or operator of a stationary source subject
788to the Accidental Release Prevention Program, that public
789release of such records, reports, or information would divulge
790methods or processes entitled to protection as trade secrets as
791provided for in 40 C.F.R. part 2, subpart B. Such records,
792reports, or information held by the office department are
793confidential and exempt from the provisions of s. 119.07(1) and
794s. 24(a), Art. I of the State Constitution, unless a final
795determination has been made by the Administrator of the
796Environmental Protection Agency that such records, reports, or
797information are not entitled to trade secret protection, or
798pursuant to an order of court.
799     (2)  The office department shall protect records, reports,
800or information or particular parts thereof, other than release
801or emissions data, obtained from an investigation, inspection,
802or audit from public disclosure pursuant to ss. 112(r) and
803114(c) of the federal Clean Air Act and authorities cited
804therein, based upon a showing satisfactory to the Administrator
805of the United States Environmental Protection Agency, by any
806owner or operator of a stationary source subject to the
807Accidental Release Prevention Program, that public release of
808such records, reports, or information would divulge methods or
809processes entitled to protection as trade secrets as provided
810for in 40 C.F.R. part 2, subpart B. Such records, reports, or
811information held by the office department are confidential and
812exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
813of the State Constitution, unless a final determination has been
814made by the Administrator of the Environmental Protection Agency
815that such records, reports, or information are not entitled to
816trade secret protection, or pursuant to a court an order of
817court.
818     Section 18.  Section 252.946, Florida Statutes, is amended
819to read:
820     252.946  Public records.-With regard to information
821submitted to the United States Environmental Protection Agency
822under this part or s. 112(r)(7), the office department of
823Community Affairs, the State Hazardous Materials Emergency
824Response Commission, and any local emergency planning committee
825may assist persons in electronically accessing such information
826held by the United States Environmental Protection Agency in its
827centralized database. If requested, the office department, the
828commission, or a committee may furnish copies of such United
829States Environmental Protection Agency records.
830     Section 19.  Paragraph (a) of subsection (4) of section
831282.34, Florida Statutes, is amended to read:
832     282.34  Statewide e-mail service.-A state e-mail system
833that includes the delivery and support of e-mail, messaging, and
834calendaring capabilities is established as an enterprise
835information technology service as defined in s. 282.0041. The
836service shall be designed to meet the needs of all executive
837branch agencies. The primary goals of the service are to
838minimize the state investment required to establish, operate,
839and support the statewide service; reduce the cost of current e-
840mail operations and the number of duplicative e-mail systems;
841and eliminate the need for each state agency to maintain its own
842e-mail staff.
843     (4)  All agencies must be completely migrated to the
844statewide e-mail service as soon as financially and
845operationally feasible, but no later than June 30, 2015.
846     (a)  The following statewide e-mail service implementation
847schedule is established for state agencies:
848     1.  Phase 1.-The following agencies must be completely
849migrated to the statewide e-mail system by June 30, 2012: the
850Agency for Enterprise Information Technology; the Department of
851Community Affairs, including the Division of Emergency
852Management; the Department of Corrections; the Department of
853Health; the Department of Highway Safety and Motor Vehicles; the
854Department of Management Services, including the Division of
855Administrative Hearings, the Division of Retirement, the
856Commission on Human Relations, and the Public Employees
857Relations Commission; the Southwood Shared Resource Center; and
858the Department of Revenue.
859     2.  Phase 2.-The following agencies must be completely
860migrated to the statewide e-mail system by June 30, 2013: the
861Department of Business and Professional Regulation; the
862Department of Education, including the Board of Governors; the
863Department of Environmental Protection; the Department of
864Juvenile Justice; the Department of the Lottery; the Department
865of State; the Department of Law Enforcement; the Department of
866Veterans' Affairs; the Judicial Administration Commission; the
867Public Service Commission; and the Statewide Guardian Ad Litem
868Office.
869     3.  Phase 3.-The following agencies must be completely
870migrated to the statewide e-mail system by June 30, 2014: the
871Agency for Health Care Administration; the Agency for Workforce
872Innovation; the Department of Financial Services, including the
873Office of Financial Regulation and the Office of Insurance
874Regulation; the Department of Agriculture and Consumer Services;
875the Executive Office of the Governor, including the Office of
876Emergency Management; the Department of Transportation; the Fish
877and Wildlife Conservation Commission; the Agency for Persons
878With Disabilities; the Northwood Shared Resource Center; and the
879State Board of Administration.
880     4.  Phase 4.-The following agencies must be completely
881migrated to the statewide e-mail system by June 30, 2015: the
882Department of Children and Family Services; the Department of
883Citrus; the Department of Elderly Affairs; and the Department of
884Legal Affairs.
885     Section 20.  Paragraphs (a) and (d) of subsection (1) and
886subsection (4) of section 282.709, Florida Statutes, are amended
887to read:
888     282.709  State agency law enforcement radio system and
889interoperability network.-
890     (1)  The department may acquire and administer a statewide
891radio communications system to serve law enforcement units of
892state agencies, and to serve local law enforcement agencies
893through mutual aid channels.
894     (a)  The department shall, in conjunction with the
895Department of Law Enforcement and the Office Division of
896Emergency Management of the Department of Community Affairs,
897establish policies, procedures, and standards to be incorporated
898into a comprehensive management plan for the use and operation
899of the statewide radio communications system.
900     (d)  The department shall exercise its powers and duties
901under this part to plan, manage, and administer the mutual aid
902channels in the statewide radio communication system.
903     1.  In implementing such powers and duties, the department
904shall consult and act in conjunction with the Department of Law
905Enforcement and the Office Division of Emergency Management of
906the Department of Community Affairs, and shall manage and
907administer the mutual aid channels in a manner that reasonably
908addresses the needs and concerns of the involved law enforcement
909agencies and emergency response agencies and entities.
910     2.  The department may make the mutual aid channels
911available to federal agencies, state agencies, and agencies of
912the political subdivisions of the state for the purpose of
913public safety and domestic security.
914     (4)  The department may create and administer an
915interoperability network to enable interoperability between
916various radio communications technologies and to serve federal
917agencies, state agencies, and agencies of political subdivisions
918of the state for the purpose of public safety and domestic
919security.
920     (a)  The department shall, in conjunction with the
921Department of Law Enforcement and the Office Division of
922Emergency Management of the Department of Community Affairs,
923exercise its powers and duties pursuant to this chapter to plan,
924manage, and administer the interoperability network. The office
925may:
926     1.  Enter into mutual aid agreements among federal
927agencies, state agencies, and political subdivisions of the
928state for the use of the interoperability network.
929     2.  Establish the cost of maintenance and operation of the
930interoperability network and charge subscribing federal and
931local law enforcement agencies for access and use of the
932network. The department may not charge state law enforcement
933agencies identified in paragraph (2)(a) to use the network.
934     3.  In consultation with the Department of Law Enforcement
935and the Office Division of Emergency Management of the
936Department of Community Affairs, amend and enhance the statewide
937radio communications system as necessary to implement the
938interoperability network.
939     (b)  The department, in consultation with the Joint Task
940Force on State Agency Law Enforcement Communications, and in
941conjunction with the Department of Law Enforcement and the
942Office Division of Emergency Management of the Department of
943Community Affairs, shall establish policies, procedures, and
944standards to incorporate into a comprehensive management plan
945for the use and operation of the interoperability network.
946     Section 21.  Paragraph (l) of subsection (1) of section
947311.115, Florida Statutes, is amended to read:
948     311.115  Seaport Security Standards Advisory Council.-The
949Seaport Security Standards Advisory Council is created under the
950Office of Drug Control. The council shall serve as an advisory
951council as provided in s. 20.03(7).
952     (1)  The members of the council shall be appointed by the
953Governor and consist of the following:
954     (l)  The Director of the Office Division of Emergency
955Management, or his or her designee.
956     Section 22.  Subsections (1) and (2), paragraph (b) of
957subsection (3), and paragraph (b) of subsection (4) of section
958526.143, Florida Statutes, are amended to read:
959     526.143  Alternate generated power capacity for motor fuel
960dispensing facilities.-
961     (1)  By June 1, 2007, Each motor fuel terminal facility, as
962defined in s. 526.303(16), and each wholesaler, as defined in s.
963526.303(17), which sells motor fuel in this state must be
964capable of operating its distribution loading racks using an
965alternate generated power source for a minimum of 72 hours.
966Pending a postdisaster examination of the equipment by the
967operator to determine any extenuating damage that would render
968it unsafe to use, the facility must have such alternate
969generated power source available for operation within no later
970than 36 hours after a major disaster as defined in s. 252.34.
971Installation of appropriate wiring, including a transfer switch,
972shall be performed by a certified electrical contractor. Each
973business that is subject to this subsection must keep a copy of
974the documentation of such installation on site or at its
975corporate headquarters. In addition, each business must keep a
976written statement attesting to the periodic testing and ensured
977operational capacity of the equipment. The required documents
978must be made available, upon request, to the Office Division of
979Emergency Management and the director of the county emergency
980management agency.
981     (2)  Each newly constructed or substantially renovated
982motor fuel retail outlet, as defined in s. 526.303(14), for
983which a certificate of occupancy is issued on or after July 1,
9842006, shall be prewired with an appropriate transfer switch, and
985capable of operating all fuel pumps, dispensing equipment,
986lifesafety systems, and payment-acceptance equipment using an
987alternate generated power source. As used in this subsection,
988the term "substantially renovated" means a renovation that
989results in an increase of greater than 50 percent in the
990assessed value of the motor fuel retail outlet. Local building
991inspectors shall include this equipment and operations check in
992the normal inspection process before issuing a certificate of
993occupancy. Each retail outlet that is subject to this subsection
994must keep a copy of the certificate of occupancy on site or at
995its corporate headquarters. In addition, each retail outlet must
996keep a written statement attesting to the periodic testing of
997and ensured operational capability of the equipment. The
998required documents must be made available, upon request, to the
999Office Division of Emergency Management and the director of the
1000county emergency management agency.
1001     (3)
1002     (b)  Installation of appropriate wiring and transfer
1003switches must be performed by a certified electrical contractor.
1004Each retail outlet that is subject to this subsection must keep
1005a copy of the documentation of such installation on site or at
1006its corporate headquarters. In addition, each retail outlet must
1007keep a written statement attesting to the periodic testing of
1008and ensured operational capacity of the equipment. The required
1009documents must be made available, upon request, to the Office
1010Division of Emergency Management and the director of the county
1011emergency management agency.
1012     (4)
1013     (b)  Subsections (2) and (3) do not apply to:
1014     1.  An automobile dealer;
1015     2.  A person who operates a fleet of motor vehicles;
1016     3.  A person who sells motor fuel exclusively to a fleet of
1017motor vehicles; or
1018     4.  A motor fuel retail outlet that has a written agreement
1019with a public hospital, in a form approved by the Office
1020Division of Emergency Management, wherein the public hospital
1021agrees to provide the motor fuel retail outlet with an
1022alternative means of power generation onsite so that the
1023outlet's fuel pumps may be operated in the event of a power
1024outage.
1025     Section 23.  Paragraph (a) of subsection (1) and paragraph
1026(b) of subsection (4) of section 526.144, Florida Statutes, are
1027amended to read:
1028     526.144  Florida Disaster Motor Fuel Supplier Program.-
1029     (1)(a)  There is created the Florida Disaster Motor Fuel
1030Supplier Program within the Office of Emergency Management
1031Department of Community Affairs.
1032     (4)
1033     (b)  Notwithstanding any other law or other ordinance and
1034for the purpose of ensuring an appropriate emergency management
1035response following major disasters in this state, the regulation
1036of all other retail establishments participating in such
1037response is shall be as follows:
1038     1.  Regulation of retail establishments that meet the
1039standards created by the Office Division of Emergency Management
1040in the report required in s. 8, chapter 2006-71, Laws of
1041Florida, by July 1, 2007, is preempted to the state and until
1042such standards are adopted, the regulation of these retail
1043establishments is preempted to the state;
1044     2.  The division shall provide written certification of
1045such preemption to retail establishments that qualify and shall
1046provide such information to local governments upon request; and
1047     3.  Regulation of retail establishments that do not meet
1048the operational standards is subject to local government laws or
1049ordinances.
1050     Section 24.  Paragraph (b) of subsection (2) of section
1051627.0628, Florida Statutes, is amended to read:
1052     627.0628  Florida Commission on Hurricane Loss Projection
1053Methodology; public records exemption; public meetings
1054exemption.-
1055     (2)  COMMISSION CREATED.-
1056     (b)  The commission shall consist of the following 11
1057members:
1058     1.  The insurance consumer advocate.
1059     2.  The senior employee of the State Board of
1060Administration responsible for operations of the Florida
1061Hurricane Catastrophe Fund.
1062     3.  The Executive Director of the Citizens Property
1063Insurance Corporation.
1064     4.  The Director of the Office Division of Emergency
1065Management of the Department of Community Affairs.
1066     5.  The actuary member of the Florida Hurricane Catastrophe
1067Fund Advisory Council.
1068     6.  An employee of the office who is an actuary responsible
1069for property insurance rate filings and who is appointed by the
1070director of the office.
1071     7.  Five members appointed by the Chief Financial Officer,
1072as follows:
1073     a.  An actuary who is employed full time by a property and
1074casualty insurer which was responsible for at least 1 percent of
1075the aggregate statewide direct written premium for homeowner's
1076insurance in the calendar year preceding the member's
1077appointment to the commission.
1078     b.  An expert in insurance finance who is a full-time
1079member of the faculty of the State University System and who has
1080a background in actuarial science.
1081     c.  An expert in statistics who is a full-time member of
1082the faculty of the State University System and who has a
1083background in insurance.
1084     d.  An expert in computer system design who is a full-time
1085member of the faculty of the State University System.
1086     e.  An expert in meteorology who is a full-time member of
1087the faculty of the State University System and who specializes
1088in hurricanes.
1089     Section 25.  Paragraph (d) of subsection (2) of section
1090768.13, Florida Statutes, is amended to read:
1091     768.13  Good Samaritan Act; immunity from civil liability.-
1092     (2)
1093     (d)  Any person whose acts or omissions are not otherwise
1094covered by this section and who participates in emergency
1095response activities under the direction of or in connection with
1096a community emergency response team, local emergency management
1097agencies, the Office Division of Emergency Management of the
1098Department of Community Affairs, or the Federal Emergency
1099Management Agency is not liable for any civil damages as a
1100result of care, treatment, or services provided gratuitously in
1101such capacity and resulting from any act or failure to act in
1102such capacity in providing or arranging further care, treatment,
1103or services, if such person acts as a reasonably prudent person
1104would have acted under the same or similar circumstances.
1105     Section 26.  Subsection (14) of section 943.03, Florida
1106Statutes, is amended to read:
1107     943.03  Department of Law Enforcement.-
1108     (14)  The department, with respect to counter-terrorism
1109efforts, responses to acts of terrorism within or affecting this
1110state, and other matters related to the domestic security of
1111Florida as it relates to terrorism, shall coordinate and direct
1112the law enforcement, initial emergency, and other initial
1113responses. The department shall work closely with the Office
1114Division of Emergency Management, other federal, state, and
1115local law enforcement agencies, fire and rescue agencies, first-
1116responder agencies, and others involved in preparation against
1117acts of terrorism in or affecting this state and in the response
1118to such acts. The executive director of the department, or
1119another member of the department designated by the director,
1120shall serve as Chief of Domestic Security for the purpose of
1121directing and coordinating such efforts. The department and
1122Chief of Domestic Security shall use the regional domestic
1123security task forces as established in this chapter to assist in
1124such efforts.
1125     Section 27.  Section 943.03101, Florida Statutes, is
1126amended to read:
1127     943.03101  Counter-terrorism coordination.-The Legislature
1128finds that with respect to counter-terrorism efforts and initial
1129responses to acts of terrorism within or affecting this state,
1130specialized efforts of emergency management which that are
1131unique to such situations are required and that these efforts
1132intrinsically involve very close coordination of federal, state,
1133and local law enforcement agencies with the efforts of all
1134others involved in emergency-response efforts. In order to best
1135provide this specialized effort with respect to counter-
1136terrorism efforts and responses, the Legislature has determined
1137that such efforts should be coordinated by and through the
1138Department of Law Enforcement, working closely with the Office
1139Division of Emergency Management and others involved in
1140preparation against acts of terrorism in or affecting this
1141state, and in the initial response to such acts, in accordance
1142with the state comprehensive emergency management plan prepared
1143pursuant to s. 252.35(2)(a).
1144     Section 28.  Paragraph (d) of subsection (1) and subsection
1145(3) of section 943.0312, Florida Statutes, are amended to read:
1146     943.0312  Regional domestic security task forces.-The
1147Legislature finds that there is a need to develop and implement
1148a statewide strategy to address prevention, preparation,
1149protection, response, and recovery efforts by federal, state,
1150and local law enforcement agencies, emergency management
1151agencies, fire and rescue departments, first-responder personnel
1152and others in dealing with potential or actual terrorist acts
1153within or affecting this state.
1154     (1)  To assist the department and the Chief of Domestic
1155Security in performing their roles and duties in this regard,
1156the department shall establish a regional domestic security task
1157force in each of the department's operational regions. The task
1158forces shall serve in an advisory capacity to the department and
1159the Chief of Domestic Security and shall provide support to the
1160department in its performance of functions pertaining to
1161domestic security.
1162     (d)  The co-chairs of each task force may appoint
1163subcommittees and subcommittee chairs as necessary in order to
1164address issues related to the various disciplines represented on
1165the task force, except that subcommittee chairs for emergency
1166management shall be appointed with the approval of the director
1167of the Office Division of Emergency Management. A subcommittee
1168chair shall serve at the pleasure of the co-chairs.
1169     (3)  The Chief of Domestic Security, in conjunction with
1170the Office Division of Emergency Management, the regional
1171domestic security task forces, and the various state entities
1172responsible for establishing training standards applicable to
1173state law enforcement officers and fire, emergency, and first-
1174responder personnel shall identify appropriate equipment and
1175training needs, curricula, and materials related to the
1176effective response to suspected or actual acts of terrorism or
1177incidents involving real or hoax weapons of mass destruction as
1178defined in s. 790.166. Recommendations for funding for purchases
1179of equipment, delivery of training, implementation of, or
1180revision to basic or continued training required for state
1181licensure or certification, or other related responses shall be
1182made by the Chief of Domestic Security to the Domestic Security
1183Oversight Council, the Executive Office of the Governor, the
1184President of the Senate, and the Speaker of the House of
1185Representatives as necessary to ensure that the needs of this
1186state with regard to the preparing, equipping, training, and
1187exercising of response personnel are identified and addressed.
1188In making such recommendations, the Chief of Domestic Security
1189and the Office Division of Emergency Management shall identify
1190all funding sources that may be available to fund such efforts.
1191     Section 29.  Paragraph (a) of subsection (1), paragraph (b)
1192of subsection (2), and paragraph (b) of subsection (4) of
1193section 943.0313, Florida Statutes, are amended to read:
1194     943.0313  Domestic Security Oversight Council.-The
1195Legislature finds that there exists a need to provide executive
1196direction and leadership with respect to terrorism prevention,
1197preparation, protection, response, and recovery efforts by state
1198and local agencies in this state. In recognition of this need,
1199the Domestic Security Oversight Council is hereby created. The
1200council shall serve as an advisory council pursuant to s.
120120.03(7) to provide guidance to the state's regional domestic
1202security task forces and other domestic security working groups
1203and to make recommendations to the Governor and the Legislature
1204regarding the expenditure of funds and allocation of resources
1205related to counter-terrorism and domestic security efforts.
1206     (1)  MEMBERSHIP.-
1207     (a)  The Domestic Security Oversight Council shall consist
1208of the following voting members:
1209     1.  The executive director of the Department of Law
1210Enforcement.
1211     2.  The director of the Office Division of Emergency
1212Management within the Department of Community Affairs.
1213     3.  The Attorney General.
1214     4.  The Commissioner of Agriculture.
1215     5.  The State Surgeon General.
1216     6.  The Commissioner of Education.
1217     7.  The State Fire Marshal.
1218     8.  The adjutant general of the Florida National Guard.
1219     9.  The state chief information officer.
1220     10.  Each sheriff or chief of police who serves as a co-
1221chair of a regional domestic security task force pursuant to s.
1222943.0312(1)(b).
1223     11.  Each of the department's special agents in charge who
1224serve as a co-chair of a regional domestic security task force.
1225     12.  Two representatives of the Florida Fire Chiefs
1226Association.
1227     13.  One representative of the Florida Police Chiefs
1228Association.
1229     14.  One representative of the Florida Prosecuting
1230Attorneys Association.
1231     15.  The chair of the Statewide Domestic Security
1232Intelligence Committee.
1233     16.  One representative of the Florida Hospital
1234Association.
1235     17.  One representative of the Emergency Medical Services
1236Advisory Council.
1237     18.  One representative of the Florida Emergency
1238Preparedness Association.
1239     19.  One representative of the Florida Seaport
1240Transportation and Economic Development Council.
1241     (2)  ORGANIZATION.-
1242     (b)  The executive director of the Department of Law
1243Enforcement shall serve as chair of the council, and the
1244director of the Office Division of Emergency Management within
1245the Department of Community Affairs shall serve as vice chair of
1246the council. In the absence of the chair, the vice chair shall
1247serve as chair. In the absence of the vice chair, the chair may
1248name any member of the council to perform the duties of the
1249chair if such substitution does not extend beyond a defined
1250meeting, duty, or period of time.
1251     (4)  EXECUTIVE COMMITTEE.-
1252     (b)  The executive director of the Department of Law
1253Enforcement shall serve as the chair of the executive committee,
1254and the director of the Office Division of Emergency Management
1255within the Department of Community Affairs shall serve as the
1256vice chair of the executive committee.
1257     Section 30.  Subsection (3) of section 112.3135, Florida
1258Statutes, is amended to read:
1259     112.3135  Restriction on employment of relatives.-
1260     (3)  An agency may prescribe regulations authorizing the
1261temporary employment, in the event of an emergency as defined in
1262s. 252.34(3), of individuals whose employment would be otherwise
1263prohibited by this section.
1264     Section 31.  Paragraph (d) of subsection (2) of section
1265119.071, Florida Statutes, is amended to read:
1266     119.071  General exemptions from inspection or copying of
1267public records.-
1268     (2)  AGENCY INVESTIGATIONS.-
1269     (d)  Any information revealing surveillance techniques or
1270procedures or personnel is exempt from s. 119.07(1) and s.
127124(a), Art. I of the State Constitution. Any comprehensive
1272inventory of state and local law enforcement resources compiled
1273pursuant to part I, chapter 23, and any comprehensive policies
1274or plans compiled by a criminal justice agency pertaining to the
1275mobilization, deployment, or tactical operations involved in
1276responding to an emergency emergencies, as defined in s.
1277252.34(3), are exempt from s. 119.07(1) and s. 24(a), Art. I of
1278the State Constitution and unavailable for inspection, except by
1279personnel authorized by a state or local law enforcement agency,
1280the office of the Governor, the Department of Legal Affairs, the
1281Department of Law Enforcement, or the Department of Community
1282Affairs as having an official need for access to the inventory
1283or comprehensive policies or plans.
1284     Section 32.  Paragraph (c) of subsection (1) of section
1285163.03, Florida Statutes, is amended to read:
1286     163.03  Secretary of Community Affairs; powers and duties;
1287function of Department of Community Affairs with respect to
1288federal grant-in-aid programs.-
1289     (1)  The Secretary of Community Affairs shall:
1290     (c)  Under the direction of the Governor, administer
1291programs to apply rapidly all available aid to communities
1292stricken by an emergency as defined in s. 252.34(3) and, for
1293this purpose, provide liaison with federal agencies and other
1294public and private agencies.
1295     Section 33.  Subsection (10) of section 163.360, Florida
1296Statutes, is amended to read:
1297     163.360  Community redevelopment plans.-
1298     (10)  Notwithstanding any other provisions of this part, if
1299when the governing body certifies that an area is in need of
1300redevelopment or rehabilitation as a result of an emergency as
1301defined in under s. 252.34(3), with respect to which the
1302Governor has certified the need for emergency assistance under
1303federal law, that area may be certified as a "blighted area,"
1304and the governing body may approve a community redevelopment
1305plan and community redevelopment with respect to such area
1306without regard to the provisions of this section requiring a
1307general plan for the county or municipality and a public hearing
1308on the community redevelopment.
1309     Section 34.  Subsection (1) of section 175.021, Florida
1310Statutes, is amended to read:
1311     175.021  Legislative declaration.-
1312     (1)  It is hereby declared by the Legislature that
1313firefighters, as hereinafter defined, perform state and
1314municipal functions; that it is their duty to extinguish fires,
1315to protect life, and to protect property at their own risk and
1316peril; that it is their duty to prevent conflagration and to
1317continuously instruct school personnel, public officials, and
1318private citizens in the prevention of fires and firesafety; that
1319they protect both life and property from local emergencies as
1320defined in s. 252.34(3); and that their activities are vital to
1321the public safety. It is further declared that firefighters
1322employed by special fire control districts serve under the same
1323circumstances and perform the same duties as firefighters
1324employed by municipalities and should therefore be entitled to
1325the benefits available under this chapter. Therefore, the
1326Legislature declares that it is a proper and legitimate state
1327purpose to provide a uniform retirement system for the benefit
1328of firefighters as hereinafter defined and intends, in
1329implementing the provisions of s. 14, Art. X of the State
1330Constitution as they relate to municipal and special district
1331firefighters' pension trust fund systems and plans, that such
1332retirement systems or plans be managed, administered, operated,
1333and funded in such manner as to maximize the protection of the
1334firefighters' pension trust funds. Pursuant to s. 18, Art. VII
1335of the State Constitution, the Legislature hereby determines and
1336declares that the provisions of this act fulfill an important
1337state interest.
1338     Section 35.  Subsection (11) of section 186.505, Florida
1339Statutes, is amended to read:
1340     186.505  Regional planning councils; powers and duties.-Any
1341regional planning council created hereunder shall have the
1342following powers:
1343     (11)  To cooperate, in the exercise of its planning
1344functions, with federal and state agencies in planning for
1345emergency management as defined in under s. 252.34(4).
1346     Section 36.  Subsection (1) of section 216.231, Florida
1347Statutes, is amended to read:
1348     216.231  Release of certain classified appropriations.-
1349     (1)(a)  Any appropriation to the Executive Office of the
1350Governor which is classified as an "emergency," as defined in s.
1351252.34(3), may be released only with the approval of the
1352Governor. The state agency, or the judicial branch, desiring the
1353use of the emergency appropriation shall submit to the Executive
1354Office of the Governor application therefor in writing setting
1355forth the facts from which the alleged need arises. The
1356Executive Office of the Governor shall, at a public hearing,
1357review such application promptly and approve or disapprove the
1358applications as the circumstances may warrant. All actions of
1359the Executive Office of the Governor shall be reported to the
1360legislative appropriations committees, and the committees may
1361advise the Executive Office of the Governor relative to the
1362release of such funds.
1363     (b)  The release of appropriated funds classified as
1364"emergency" shall be approved only if when an act or
1365circumstance caused by an act of God, civil disturbance, natural
1366disaster, or other circumstance of an emergency nature
1367threatens, endangers, or damages the property, safety, health,
1368or welfare of the state or its residents citizens, which
1369condition has not been provided for in appropriation acts of the
1370Legislature. Funds allocated for this purpose may be used to pay
1371overtime pay to personnel of agencies called upon to perform
1372extra duty because of any civil disturbance or other emergency
1373as defined in s. 252.34(3) and to provide the required state
1374match for federal grants under the federal Disaster Relief Act.
1375     Section 37.  Subsections (3) and (4) of section 250.06,
1376Florida Statutes, are amended to read:
1377     250.06  Commander in chief.-
1378     (3)  The Governor may, in order to preserve the public
1379peace, execute the laws of the state, suppress insurrection,
1380repel invasion, respond to an emergency as defined in s.
1381252.34(3) or imminent danger thereof, or, in case of the calling
1382of all or any portion of the militia of this state Florida into
1383the services of the United States, may increase the Florida
1384National Guard and organize it in accordance with rules and
1385regulations governing the Armed Forces of the United States.
1386Such organization and increase may be pursuant to or in advance
1387of any call made by the President of the United States. If the
1388Florida National Guard is activated into service of the United
1389States, another organization may not be designated as the
1390Florida National Guard.
1391     (4)  The Governor may, in order to preserve the public
1392peace, execute the laws of the state, enhance domestic security,
1393respond to terrorist threats or attacks, respond to an emergency
1394as defined in s. 252.34(3) or imminent danger thereof, or
1395respond to any need for emergency aid to civil authorities as
1396specified in s. 250.28, order into state active duty all or any
1397part of the militia which he or she deems proper.
1398     Section 38.  Paragraph (g) of subsection (7) of section
1399339.135, Florida Statutes, is amended to read:
1400     339.135  Work program; legislative budget request;
1401definitions; preparation, adoption, execution, and amendment.-
1402     (7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.-
1403     (g)  Notwithstanding the requirements in paragraphs (d) and
1404(g) and ss. 216.177(2) and 216.351, the secretary may request
1405the Executive Office of the Governor to amend the adopted work
1406program when an emergency exists, as defined in s. 252.34(3),
1407and the emergency relates to the repair or rehabilitation of any
1408state transportation facility. The Executive Office of the
1409Governor may approve the amendment to the adopted work program
1410and amend that portion of the department's approved budget if a
1411in the event that the delay incident to the notification
1412requirements in paragraph (d) would be detrimental to the
1413interests of the state. However, the department shall
1414immediately notify the parties specified in paragraph (d) and
1415shall provide such parties written justification for the
1416emergency action within 7 days after of the approval by the
1417Executive Office of the Governor of the amendment to the adopted
1418work program and the department's budget. In no event may The
1419adopted work program may not be amended under the provisions of
1420this subsection without the certification by the comptroller of
1421the department that there are sufficient funds available
1422pursuant to the 36-month cash forecast and applicable statutes.
1423     Section 39.  Paragraph (b) of subsection (2) of section
1424429.907, Florida Statutes, is amended to read:
1425     429.907  License requirement; fee; exemption; display.-
1426     (2)
1427     (b)  If In the event a licensed center becomes wholly or
1428substantially unusable due to a disaster as defined in s.
1429252.34(1) or due to an emergency as those terms are defined in
1430s. 252.34(3):
1431     1.  The licensee may continue to operate under its current
1432license in a premise or premises separate from that authorized
1433under the license if the licensee has:
1434     a.  Specified the location of the premise or premises in
1435its comprehensive emergency management plan submitted to and
1436approved by the applicable county emergency management
1437authority; and
1438     b.  Notified the agency and the county emergency management
1439authority within 24 hours of operating in the separate premise
1440or premises.
1441     2.  The licensee shall operate the separate premise or
1442premises only while the licensed center's original location is
1443substantially unusable and for up to no longer than 180 days.
1444The agency may extend use of the alternate premise or premises
1445beyond the initial 180 days. The agency may also review the
1446operation of the disaster premise or premises quarterly.
1447     Section 40.  The Division of Statutory Revision is
1448requested to prepare a reviser's bill for introduction at the
1449next regular session of the Legislature to conform the Florida
1450Statutes to changes made by this act.
1451     Section 41.  This act shall take effect October 1, 2011.


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