CS/CS/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.; extending the expiration date of the
10	Hurricane Loss Mitigation Program; revising the membership
11	of the program's advisory group; deleting provisions
12	authorizing the use of funds for specified hurricane
13	shelters for the 2010-2011 fiscal year; conforming
14	provisions to changes made by the act; amending ss.
15	163.3178, 166.0446, 215.5586, 252.32, 252.34, 252.35,
16	252.355, 252.61, 252.82, 252.936, 252.937, 252.943,
17	252.946, 282.34, 282.709, 311.115, 526.143, 526.144,
18	627.0628, 768.13, 943.03, 943.03101, 943.0312, and
19	943.0313, F.S.; conforming provisions to changes made by
20	the act; amending ss. 112.3135, 119.071, 163.03, 163.360,
21	175.021, 186.505, 216.231, 250.06, 339.135, and 429.907,
22	F.S.; conforming cross-references; providing a directive
23	to the Division of Statutory Revision; providing effective
24	dates.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1.  Effective July 1, 2011, the Division of
29	Emergency Management of the Department of Community Affairs is
30	transferred by a type two transfer, as defined in s. 20.06(2),
31	Florida Statutes, to the Executive Office of the Governor and
32	renamed the Office of Emergency Management.
33	Section 2.  Section 14.2016, Florida Statutes, is created
34	to read:
35	14.2016  Office of Emergency Management.-The Office of
36	Emergency Management is established within the Executive Office
37	of the Governor. The office shall be a separate budget entity,
38	as provided in the General Appropriations Act, and shall prepare
39	and submit a budget request in accordance with chapter 216. The
40	office shall be responsible for all professional, technical, and
41	administrative support functions necessary to carry out its
42	responsibilities under part I of chapter 252. The director of
43	the office shall be appointed by and serve at the pleasure of
44	the Governor, and shall be the head of the office for all
45	purposes. The office shall administer programs to apply rapidly
46	all available aid to communities stricken by an emergency as
47	defined in s. 252.34 and, for this purpose, provide liaison with
48	federal agencies and other public and private agencies.
49	Section 3.  Subsection (2) of section 20.18, Florida
50	Statutes, is amended to read:
51	20.18  Department of Community Affairs.-There is created a
52	Department of Community Affairs.
53	(2)  The following units of the Department of Community
54	Affairs are established:
55	(a)  Division of Emergency Management. The division is a
56	separate budget entity and is not subject to control,
57	supervision, or direction by the Department of Community Affairs
58	in any manner including, but not limited to, personnel,
59	purchasing, transactions involving personal property, and
60	budgetary matters. The division director shall be appointed by
61	the Governor, shall serve at the pleasure of the Governor, and
62	shall be the agency head of the division for all purposes. The
63	division shall enter into a service agreement with the
64	department for professional, technological, and administrative
65	support services. The division shall collaborate and coordinate
66	with the department on nonemergency response matters, including,
67	but not limited to, disaster recovery programs, grant programs,
68	mitigation programs, and emergency matters related to
69	comprehensive plans.
70	(a)(b)  Division of Housing and Community Development.
71	(b)(c)  Division of Community Planning.
72	Section 4.  Subsection (1) of section 125.01045, Florida
73	Statutes, is amended to read:
74	125.01045  Prohibition of fees for first responder
75	services.-
76	(1)  A county may not impose a fee or seek reimbursement
77	for any costs or expenses that may be incurred for services
78	provided by a first responder, including costs or expenses
79	related to personnel, supplies, motor vehicles, or equipment in
80	response to a motor vehicle accident, except for costs to
81	contain or clean up hazardous materials in quantities reportable
82	to the Florida State Warning Point at the Office Division of
83	Emergency Management, and costs for transportation and treatment
84	provided by ambulance services licensed pursuant to s. 401.23(4)
85	and (5).
86	Section 5.  Effective upon this act becoming a law,
87	subsection (9) of section 215.559, Florida Statutes, is amended
88	to read:
89	215.559  Hurricane Loss Mitigation Program.-
90	(9)  This section is repealed June 30, 2021 2011.
91	Section 6.  Section 215.559, Florida Statutes, as amended
92	by this act, is amended to read:
93	215.559  Hurricane Loss Mitigation Program.-
94	(1)  There is created A Hurricane Loss Mitigation Program
95	is established in the Office of Emergency Management.
96	(1)  The Legislature shall annually appropriate $10 million
97	of the moneys authorized for appropriation under s.
98	215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the
99	office Department of Community Affairs for the purposes set
100	forth in this section. Of that amount:
101	(2)(a)  Seven million dollars in funds provided in
102	subsection (1) shall be used for programs to improve the wind
103	resistance of residences and mobile homes, including loans,
104	subsidies, grants, demonstration projects, and direct
105	assistance; educating persons concerning the Florida Building
106	Code cooperative programs with local governments and the Federal
107	Government; and other efforts to prevent or reduce losses or
108	reduce the cost of rebuilding after a disaster.
109	(b)  Three million dollars in funds provided in subsection
110	(1) shall be used to retrofit existing facilities used as public
111	hurricane shelters. Each year the office shall department must
112	prioritize the use of these funds for projects included in the
113	annual report of the September 1, 2000, version of the Shelter
114	Retrofit Report prepared in accordance with s. 252.385(3), and
115	each annual report thereafter. The office department must give
116	funding priority to projects in regional planning council
117	regions that have shelter deficits and to projects that maximize
118	the use of state funds.
119	(2)(3)(a)  Forty percent of the total appropriation in
120	paragraph (1)(a) (2)(a) shall be used to inspect and improve
121	tie-downs for mobile homes.
122	(b)1.  There is created The Manufactured Housing and Mobile
123	Home Mitigation and Enhancement Program is established. The
124	program shall require the mitigation of damage to or the
125	enhancement of homes for the areas of concern raised by the
126	Department of Highway Safety and Motor Vehicles in the 2004-2005
127	Hurricane Reports on the effects of the 2004 and 2005 hurricanes
128	on manufactured and mobile homes in this state. The mitigation
129	or enhancement must include, but need not be limited to,
130	problems associated with weakened trusses, studs, and other
131	structural components caused by wood rot or termite damage;
132	site-built additions; or tie-down systems and may also address
133	any other issues deemed appropriate by Tallahassee Community
134	College, the Federation of Manufactured Home Owners of Florida,
135	Inc., the Florida Manufactured Housing Association, and the
136	Department of Highway Safety and Motor Vehicles. The program
137	shall include an education and outreach component to ensure that
138	owners of manufactured and mobile homes are aware of the
139	benefits of participation.
140	2.  The program shall be a grant program that ensures that
141	entire manufactured home communities and mobile home parks may
142	be improved wherever practicable. The moneys appropriated for
143	this program shall be distributed directly to Tallahassee
144	Community College for the uses set forth under this subsection.
145	3.  Upon evidence of completion of the program, the
146	Citizens Property Insurance Corporation shall grant, on a pro
147	rata basis, actuarially reasonable discounts, credits, or other
148	rate differentials or appropriate reductions in deductibles for
149	the properties of owners of manufactured homes or mobile homes
150	on which fixtures or construction techniques that have been
151	demonstrated to reduce the amount of loss in a windstorm have
152	been installed or implemented. The discount on the premium must
153	be applied to subsequent renewal premium amounts. Premiums of
154	the Citizens Property Insurance Corporation must reflect the
155	location of the home and the fact that the home has been
156	installed in compliance with building codes adopted after
157	Hurricane Andrew. Rates resulting from the completion of the
158	Manufactured Housing and Mobile Home Mitigation and Enhancement
159	Program are not considered competitive rates for the purposes of
160	s. 627.351(6)(d)1. and 2.
161	4.  On or before January 1 of each year, Tallahassee
162	Community College shall provide a report of activities under
163	this subsection to the Governor, the President of the Senate,
164	and the Speaker of the House of Representatives. The report must
165	set forth the number of homes that have taken advantage of the
166	program, the types of enhancements and improvements made to the
167	manufactured or mobile homes and attachments to such homes, and
168	whether there has been an increase in availability of insurance
169	products to owners of manufactured or mobile homes.
170
171	Tallahassee Community College shall develop the programs set
172	forth in this subsection in consultation with the Federation of
173	Manufactured Home Owners of Florida, Inc., the Florida
174	Manufactured Housing Association, and the Department of Highway
175	Safety and Motor Vehicles. The moneys appropriated for the
176	programs set forth in this subsection shall be distributed
177	directly to Tallahassee Community College to be used as set
178	forth in this subsection.
179	(3)(4)  Of moneys provided to the Department of Community
180	Affairs in paragraph (1)(a) (2)(a), 10 percent shall be
181	allocated to the Florida International University center
182	dedicated to hurricane research. The center shall develop a
183	preliminary work plan approved by the advisory council set forth
184	in subsection (4) (5) to eliminate the state and local barriers
185	to upgrading existing mobile homes and communities, research and
186	develop a program for the recycling of existing older mobile
187	homes, and support programs of research and development relating
188	to hurricane loss reduction devices and techniques for site-
189	built residences. The State University System also shall consult
190	with the Department of Community Affairs and assist the
191	department with the report required under subsection (6) (7).
192	(4)(5)  Except for the programs set forth in subsection (3)
193	(4), The office Department of Community Affairs shall develop
194	the programs set forth in this section in consultation with an
195	advisory council consisting of a representative designated by
196	the Chief Financial Officer, a representative designated by the
197	Florida Home Builders Association, a representative designated
198	by the Florida Insurance Council, a representative designated by
199	the Federation of Manufactured Home Owners, a representative
200	designated by the Florida Association of Counties, and a
201	representative designated by the Florida Manufactured Housing
202	Association, and a representative designated by the Florida
203	Building Commission.
204	(5)(6)  Moneys provided to the office Department of
205	Community Affairs under this section are intended to supplement,
206	not supplant, the office's other funding sources of the
207	Department of Community Affairs and may not supplant other
208	funding sources of the Department of Community Affairs.
209	(6)(7)  On January 1st of each year, the office Department
210	of Community Affairs shall provide a full report and accounting
211	of activities under this section and an evaluation of such
212	activities to the Speaker of the House of Representatives, the
213	President of the Senate, and the Majority and Minority Leaders
214	of the House of Representatives and the Senate. Upon completion
215	of the report, the office Department of Community Affairs shall
216	deliver the report to the Office of Insurance Regulation. The
217	Office of Insurance Regulation shall review the report and shall
218	make such recommendations available to the insurance industry as
219	the Office of Insurance Regulation deems appropriate. These
220	recommendations may be used by insurers for potential discounts
221	or rebates pursuant to s. 627.0629. The Office of Insurance
222	Regulation shall make such the recommendations within 1 year
223	after receiving the report.
224	(8)(a)  Notwithstanding any other provision of this section
225	and for the 2010-2011 fiscal year only, the $3 million
226	appropriation provided for in paragraph (2)(b) may be used for
227	hurricane shelters as identified in the General Appropriations
228	Act.
229	(b)  This subsection expires June 30, 2011.
230	(7)(9)  This section is repealed June 30, 2021.
231	Section 7.  Paragraph (d) of subsection (2) of section
232	163.3178, Florida Statutes, is amended to read:
233	163.3178  Coastal management.-
234	(2)  Each coastal management element required by s.
235	163.3177(6)(g) shall be based on studies, surveys, and data; be
236	consistent with coastal resource plans prepared and adopted
237	pursuant to general or special law; and contain:
238	(d)  A component which outlines principles for hazard
239	mitigation and protection of human life against the effects of
240	natural disaster, including population evacuation, which take
241	into consideration the capability to safely evacuate the density
242	of coastal population proposed in the future land use plan
243	element in the event of an impending natural disaster. The
244	Office Division of Emergency Management shall manage the update
245	of the regional hurricane evacuation studies, ensure such
246	studies are done in a consistent manner, and ensure that the
247	methodology used for modeling storm surge is that used by the
248	National Hurricane Center.
249	Section 8.  Subsection (1) of section 166.0446, Florida
250	Statutes, is amended to read:
251	166.0446  Prohibition of fees for first responder
252	services.-
253	(1)  A municipality may not impose a fee or seek
254	reimbursement for any costs or expenses that may be incurred for
255	services provided by a first responder, including costs or
256	expenses related to personnel, supplies, motor vehicles, or
257	equipment in response to a motor vehicle accident, except for
258	costs to contain or clean up hazardous materials in quantities
259	reportable to the Florida State Warning Point at the Office
260	Division of Emergency Management, and costs for transportation
261	and treatment provided by ambulance services licensed pursuant
262	to s. 401.23(4) and (5).
263	Section 9.  Paragraph (j) of subsection (4) of section
264	215.5586, Florida Statutes, is amended to read:
265	215.5586  My Safe Florida Home Program.-There is
266	established within the Department of Financial Services the My
267	Safe Florida Home Program. The department shall provide fiscal
268	accountability, contract management, and strategic leadership
269	for the program, consistent with this section. This section does
270	not create an entitlement for property owners or obligate the
271	state in any way to fund the inspection or retrofitting of
272	residential property in this state. Implementation of this
273	program is subject to annual legislative appropriations. It is
274	the intent of the Legislature that the My Safe Florida Home
275	Program provide trained and certified inspectors to perform
276	inspections for owners of site-built, single-family, residential
277	properties and grants to eligible applicants as funding allows.
278	The program shall develop and implement a comprehensive and
279	coordinated approach for hurricane damage mitigation that may
280	include the following:
281	(4)  ADVISORY COUNCIL.-There is created an advisory council
282	to provide advice and assistance to the department regarding
283	administration of the program. The advisory council shall
284	consist of:
285	(j)  The director of the Office Florida Division of
286	Emergency Management.
287
288	Members appointed under paragraphs (a)-(d) shall serve at the
289	pleasure of the Financial Services Commission. Members appointed
290	under paragraphs (e) and (f) shall serve at the pleasure of the
291	appointing officer. All other members shall serve as voting ex
292	officio members. Members of the advisory council shall serve
293	without compensation but may receive reimbursement as provided
294	in s. 112.061 for per diem and travel expenses incurred in the
295	performance of their official duties.
296	Section 10.  Paragraphs (a) and (b) of subsection (1) of
297	section 252.32, Florida Statutes, are amended to read:
298	252.32  Policy and purpose.-
299	(1)  Because of the existing and continuing possibility of
300	the occurrence of emergencies and disasters resulting from
301	natural, technological, or manmade causes; in order to ensure
302	that preparations of this state will be adequate to deal with,
303	reduce vulnerability to, and recover from such emergencies and
304	disasters; to provide for the common defense and to protect the
305	public peace, health, and safety; and to preserve the lives and
306	property of the people of the state, it is hereby found and
307	declared to be necessary:
308	(a)  To create a state emergency management agency to be
309	known as the "Office Division of Emergency Management," to
310	authorize the creation of local organizations for emergency
311	management in the political subdivisions of the state, and to
312	authorize cooperation with the Federal Government and the
313	governments of other states.
314	(b)  To confer upon the Governor, the Office Division of
315	Emergency Management, and the governing body of each political
316	subdivision of the state the emergency powers provided herein.
317	Section 11.  Section 252.34, Florida Statutes, is amended
318	to read:
319	252.34  Definitions.-As used in this part ss. 252.31-
320	252.60, the term:
321	(1)  "Disaster" means any natural, technological, or civil
322	emergency that causes damage of sufficient severity and
323	magnitude to result in a declaration of a state of emergency by
324	a county, the Governor, or the President of the United States.
325	Disasters shall be identified by the severity of resulting
326	damage, as follows:
327	(a)  "Catastrophic disaster" means a disaster that will
328	require massive state and federal assistance, including
329	immediate military involvement.
330	(b)  "Major disaster" means a disaster that will likely
331	exceed local capabilities and require a broad range of state and
332	federal assistance.
333	(c)  "Minor disaster" means a disaster that is likely to be
334	within the response capabilities of local government and to
335	result in only a minimal need for state or federal assistance.
336	(2)  "Division" means the Division of Emergency Management
337	of the Department of Community Affairs, or the successor to that
338	division.
339	(2)(3)  "Emergency" means any occurrence, or threat
340	thereof, whether natural, technological, or manmade, in war or
341	in peace, which results or may result in substantial injury or
342	harm to the population or substantial damage to or loss of
343	property.
344	(3)(4)  "Emergency management" means the preparation for,
345	the mitigation of, the response to, and the recovery from
346	emergencies and disasters. Specific emergency management
347	responsibilities include, but are not limited to:
348	(a)  Reduction of vulnerability of people and communities
349	of this state to damage, injury, and loss of life and property
350	resulting from natural, technological, or manmade emergencies or
351	hostile military or paramilitary action.
352	(b)  Preparation for prompt and efficient response and
353	recovery to protect lives and property affected by emergencies.
354	(c)  Response to emergencies using all systems, plans, and
355	resources necessary to preserve adequately the health, safety,
356	and welfare of persons or property affected by the emergency.
357	(d)  Recovery from emergencies by providing for the rapid
358	and orderly start of restoration and rehabilitation of persons
359	and property affected by emergencies.
360	(e)  Provision of an emergency management system embodying
361	all aspects of preemergency preparedness and postemergency
362	response, recovery, and mitigation.
363	(f)  Assistance in anticipation, recognition, appraisal,
364	prevention, and mitigation of emergencies which may be caused or
365	aggravated by inadequate planning for, and regulation of, public
366	and private facilities and land use.
367	(4)(5)  "Local emergency management agency" means an
368	organization created in accordance with the provisions of ss.
369	252.31-252.90 to discharge the emergency management
370	responsibilities and functions of a political subdivision.
371	(5)(6)  "Manmade emergency" means an emergency caused by an
372	action against persons or society, including, but not limited
373	to, enemy attack, sabotage, terrorism, civil unrest, or other
374	action impairing the orderly administration of government.
375	(6)(7)  "Natural emergency" means an emergency caused by a
376	natural event, including, but not limited to, a hurricane, a
377	storm, a flood, severe wave action, a drought, or an earthquake.
378	(7)  "Office" means the Office of Emergency Management
379	within the Executive Office of the Governor, or the successor to
380	that office.
381	(8)  "Political subdivision" means any county or
382	municipality created pursuant to law.
383	(9)  "Technological emergency" means an emergency caused by
384	a technological failure or accident, including, but not limited
385	to, an explosion, transportation accident, radiological
386	accident, or chemical or other hazardous material incident.
387	Section 12.  Section 252.35, Florida Statutes, is amended
388	to read:
389	252.35  Emergency management powers; Division of Emergency
390	Management.-
391	(1)  The office division is responsible for maintaining a
392	comprehensive statewide program of emergency management and for
393	coordinating the. The division is responsible for coordination
394	with efforts of the Federal Government with other departments
395	and agencies of state government, with county and municipal
396	governments and school boards, and with private agencies that
397	have a role in emergency management.
398	(2)  The office division is responsible for carrying out
399	the provisions of ss. 252.31-252.90. In performing its duties
400	under ss. 252.31-252.90, the office division shall:
401	(a)  Prepare a state comprehensive emergency management
402	plan, which shall be integrated into and coordinated with the
403	emergency management plans and programs of the Federal
404	Government. The office division must adopt the plan as a rule in
405	accordance with chapter 120. The plan shall be implemented by a
406	continuous, integrated comprehensive emergency management
407	program. The plan must contain provisions to ensure that the
408	state is prepared for emergencies and minor, major, and
409	catastrophic disasters, and the office division shall work
410	closely with local governments and agencies and organizations
411	with emergency management responsibilities in preparing and
412	maintaining the plan. The state comprehensive emergency
413	management plan must shall be operations oriented and:
414	1.  Include an evacuation component that includes specific
415	regional and interregional planning provisions and promotes
416	intergovernmental coordination of evacuation activities. This
417	component must, at a minimum: contain guidelines for lifting
418	tolls on state highways; ensure coordination pertaining to
419	evacuees crossing county lines; set forth procedures for
420	directing people caught on evacuation routes to safe shelter;
421	establish strategies for ensuring sufficient, reasonably priced
422	fueling locations along evacuation routes; and establish
423	policies and strategies for emergency medical evacuations.
424	2.  Include a shelter component that includes specific
425	regional and interregional planning provisions and promotes
426	coordination of shelter activities between the public, private,
427	and nonprofit sectors. This component must, at a minimum:
428	contain strategies to ensure the availability of adequate public
429	shelter space in each region of the state; establish strategies
430	for refuge-of-last-resort programs; provide strategies to assist
431	local emergency management efforts to ensure that adequate
432	staffing plans exist for all shelters, including medical and
433	security personnel; provide for a postdisaster communications
434	system for public shelters; establish model shelter guidelines
435	for operations, registration, inventory, power generation
436	capability, information management, and staffing; and set forth
437	policy guidance for sheltering people with special needs.
438	3.  Include a postdisaster response and recovery component
439	that includes specific regional and interregional planning
440	provisions and promotes intergovernmental coordination of
441	postdisaster response and recovery activities. This component
442	must provide for postdisaster response and recovery strategies
443	according to whether a disaster is minor, major, or
444	catastrophic. The postdisaster response and recovery component
445	must, at a minimum: establish the structure of the state's
446	postdisaster response and recovery organization; establish
447	procedures for activating the state's plan; set forth policies
448	used to guide postdisaster response and recovery activities;
449	describe the chain of command during the postdisaster response
450	and recovery period; describe initial and continuous
451	postdisaster response and recovery actions; identify the roles
452	and responsibilities of each involved agency and organization;
453	provide for a comprehensive communications plan; establish
454	procedures for monitoring mutual aid agreements; provide for
455	rapid impact assessment teams; ensure the availability of an
456	effective statewide urban search and rescue program coordinated
457	with the fire services; ensure the existence of a comprehensive
458	statewide medical care and relief plan administered by the
459	Department of Health; and establish systems for coordinating
460	volunteers and accepting and distributing donated funds and
461	goods.
462	4.  Include additional provisions addressing aspects of
463	preparedness, response, recovery, and mitigation as determined
464	necessary by the office division.
465	5.  Address the need for coordinated and expeditious
466	deployment of state resources, including the Florida National
467	Guard. In the case of an imminent major disaster, procedures
468	should address predeployment of the Florida National Guard, and,
469	in the case of an imminent catastrophic disaster, procedures
470	should address predeployment of the Florida National Guard and
471	the United States Armed Forces.
472	6.  Establish a system of communications and warning to
473	ensure that the state's population and emergency management
474	agencies are warned of developing emergency situations and can
475	communicate emergency response decisions.
476	7.  Establish guidelines and schedules for annual exercises
477	that evaluate the ability of the state and its political
478	subdivisions to respond to minor, major, and catastrophic
479	disasters and support local emergency management agencies. Such
480	exercises must shall be coordinated with local governments and,
481	to the extent possible, the Federal Government.
482	8.  Assign lead and support responsibilities to state
483	agencies and personnel for emergency support functions and other
484	support activities.
485
486	The complete state comprehensive emergency management plan must
487	shall be submitted to the President of the Senate, the Speaker
488	of the House of Representatives, and the Governor on February 1
489	of every even-numbered year.
490	(b)  Adopt standards and requirements for county emergency
491	management plans. The standards and requirements must ensure
492	that county plans are coordinated and consistent with the state
493	comprehensive emergency management plan. If a municipality
494	elects to establish an emergency management program, it must
495	adopt a city emergency management plan that complies with all
496	standards and requirements applicable to county emergency
497	management plans.
498	(c)  Assist political subdivisions in preparing and
499	maintaining emergency management plans.
500	(d)  Review periodically political subdivision emergency
501	management plans for consistency with the state comprehensive
502	emergency management plan and standards and requirements adopted
503	under this section.
504	(e)  Cooperate with the President, the heads of the Armed
505	Forces, the various federal emergency management agencies, and
506	the officers and agencies of other states in matters pertaining
507	to emergency management in the state and the nation and
508	incidents thereof and, in connection therewith, take any
509	measures that it deems proper to carry into effect any request
510	of the President and the appropriate federal officers and
511	agencies for any emergency management action, including the
512	direction or control of:
513	1.  Emergency management drills, tests, or exercises of
514	whatever nature.
515	2.  Warnings and signals for tests and drills, attacks, or
516	other imminent emergencies or threats thereof and the mechanical
517	devices to be used in connection with such warnings and signals.
518	(f)  Make recommendations to the Legislature, building code
519	organizations, and political subdivisions for zoning, building,
520	and other land use controls; safety measures for securing mobile
521	homes or other nonpermanent or semipermanent structures; and
522	other preparedness, prevention, and mitigation measures designed
523	to eliminate emergencies or reduce their impact.
524	(g)  In accordance with the state comprehensive emergency
525	management plan and program for emergency management, ascertain
526	the requirements of the state and its political subdivisions for
527	equipment and supplies of all kinds in the event of an
528	emergency; plan for and either procure supplies, medicines,
529	materials, and equipment or enter into memoranda of agreement or
530	open purchase orders that will ensure their availability; and
531	use and employ from time to time any of the property, services,
532	and resources within the state in accordance with ss. 252.31-
533	252.90.
534	(h)  Anticipate trends and promote innovations that will
535	enhance the emergency management system.
536	(i)  Institute statewide public awareness programs. This
537	shall include an intensive public educational campaign on
538	emergency preparedness issues, including, but not limited to,
539	the personal responsibility of individual citizens to be self-
540	sufficient for up to 72 hours following a natural or manmade
541	disaster. The public educational campaign must shall include
542	relevant information on statewide disaster plans, evacuation
543	routes, fuel suppliers, and shelters. All educational materials
544	must be available in alternative formats and mediums to ensure
545	that they are available to persons with disabilities.
546	(j)  In cooperation with The Division of Emergency
547	Management and the Department of Education, shall coordinate
548	with the Agency for Persons with Disabilities to provide an
549	educational outreach program on disaster preparedness and
550	readiness to individuals who have limited English skills and
551	identify persons who are in need of assistance but are not
552	defined under special-needs criteria.
553	(k)  Prepare and distribute to appropriate state and local
554	officials catalogs of federal, state, and private assistance
555	programs.
556	(l)  Coordinate federal, state, and local emergency
557	management activities and take all other steps, including the
558	partial or full mobilization of emergency management forces and
559	organizations in advance of an actual emergency, to ensure the
560	availability of adequately trained and equipped forces of
561	emergency management personnel before, during, and after
562	emergencies and disasters.
563	(m)  Establish a schedule of fees that may be charged by
564	local emergency management agencies for review of emergency
565	management plans on behalf of external agencies and
566	institutions. In establishing such schedule, the office division
567	shall consider facility size, review complexity, and other
568	factors.
569	(n)  Implement training programs to improve the ability of
570	state and local emergency management personnel to prepare and
571	implement emergency management plans and programs. This includes
572	shall include a continuous training program for agencies and
573	individuals that will be called on to perform key roles in state
574	and local postdisaster response and recovery efforts and for
575	local government personnel on federal and state postdisaster
576	response and recovery strategies and procedures.
577	(o)  Review Periodically review emergency operating
578	procedures of state agencies and recommend revisions as needed
579	to ensure consistency with the state comprehensive emergency
580	management plan and program.
581	(p)  Make such surveys of industries, resources, and
582	facilities within the state, both public and private, as are
583	necessary to carry out the purposes of ss. 252.31-252.90.
584	(q)  Prepare, in advance if whenever possible, such
585	executive orders, proclamations, and rules for issuance by the
586	Governor as are necessary or appropriate for coping with
587	emergencies and disasters.
588	(r)  Cooperate with the Federal Government and any public
589	or private agency or entity in achieving any purpose of ss.
590	252.31-252.90 and in implementing programs for mitigation,
591	preparation, response, and recovery.
592	(s)  By January 1, 2007, the Division of Emergency
593	Management shall Complete an inventory of portable generators
594	owned by the state and local governments which are capable of
595	operating during a major disaster. The inventory must identify,
596	at a minimum, the location of each generator, the number of
597	generators stored at each specific location, the agency to which
598	each generator belongs, the primary use of the generator by the
599	owner agency, and the names, addresses, and telephone numbers of
600	persons having the authority to loan the stored generators as
601	authorized by the office Division of Emergency Management during
602	a declared emergency.
603	(t)  The division shall Maintain an inventory list of
604	generators owned by the state and local governments. In
605	addition, the office division may keep a list of private
606	entities, along with appropriate contact information, which
607	offer generators for sale or lease. The list of private entities
608	shall be available to the public for inspection in written and
609	electronic formats.
610	(u)  Assist political subdivisions with the creation and
611	training of urban search and rescue teams and promote the
612	development and maintenance of a state urban search and rescue
613	program.
614	(v)  Delegate, as necessary and appropriate, authority
615	vested in it under ss. 252.31-252.90 and provide for the
616	subdelegation of such authority.
617	(w)  Report biennially to the President of the Senate, the
618	Speaker of the House of Representatives, and the Governor, no
619	later than February 1 of every odd-numbered year, the status of
620	the emergency management capabilities of the state and its
621	political subdivisions.
622	(x)  In accordance with chapter 120, create, implement,
623	administer, adopt, amend, and rescind rules, programs, and plans
624	needed to carry out the provisions of ss. 252.31-252.90 with due
625	consideration for, and in cooperating with, the plans and
626	programs of the Federal Government. In addition, the office
627	division may adopt rules in accordance with chapter 120 to
628	administer and distribute federal financial predisaster and
629	postdisaster assistance for prevention, mitigation,
630	preparedness, response, and recovery.
631	(y)  Do other things necessary, incidental, or appropriate
632	for the implementation of ss. 252.31-252.90.
633	Section 13.  Subsection (2) of section 252.355, Florida
634	Statutes, is amended to read:
635	252.355  Registry of persons with special needs; notice.-
636	(2)  The office Department of Community Affairs shall be
637	the designated lead agency responsible for community education
638	and outreach to the public, including special needs clients,
639	regarding registration and special needs shelters and general
640	information regarding shelter stays.
641	Section 14.  Section 252.61, Florida Statutes, is amended
642	to read:
643	252.61  List of persons for contact relating to release of
644	toxic substances into atmosphere.-The Office of Emergency
645	Management Department of Community Affairs shall maintain a list
646	of contact persons after the survey pursuant to s. 403.771 is
647	completed.
648	Section 15.  Section 252.82, Florida Statutes, is amended
649	to read:
650	252.82  Definitions.-As used in this part:
651	(1)  "Commission" means the State Hazardous Materials
652	Emergency Response Commission created pursuant to s. 301 of
653	EPCRA.
654	(2)  "Committee" means any local emergency planning
655	committee established in the state pursuant to s. 301 of EPCRA.
656	(3)  "Department" means the Department of Community
657	Affairs.
658	(3)(4)  "Facility" means facility as defined in s. 329 of
659	EPCRA. Vehicles placarded according to title 49 Code of Federal
660	Regulations are shall not be considered a facility except for
661	purposes of s. 304 of EPCRA.
662	(4)(5)  "Hazardous material" means any hazardous chemical,
663	toxic chemical, or extremely hazardous substance, as defined in
664	s. 329 of EPCRA.
665	(5)(6)  "EPCRA" means the Emergency Planning and Community
666	Right-to-Know Act of 1986, title III of the Superfund Amendments
667	and Reauthorization Act of 1986, Pub. L. No. 99-499, ss. 300-
668	329, 42 U.S.C. ss. 11001 et seq.; and federal regulations
669	adopted thereunder.
670	(6)  "Office" means the Office of Emergency Management
671	within the Executive Office of the Governor.
672	(7)  "Trust fund" means the Operating Trust Fund of the
673	office Department of Community Affairs.
674	Section 16.  Subsections (3), (8), (9), and (19) of section
675	252.936, Florida Statutes, are amended to read:
676	252.936  Definitions.-As used in this part, the term:
677	(3)  "Audit" means a review of information at, a stationary
678	source subject to s. 112(r)(7), or submitted by, a stationary
679	source subject to s. 112(r)(7), to determine whether that
680	stationary source is in compliance with the requirements of this
681	part and rules adopted to administer implement this part. Audits
682	must include a review of the adequacy of the stationary source's
683	Risk Management Plan, may consist of reviews of information
684	submitted to the office department or the United States
685	Environmental Protection Agency to determine whether the plan is
686	complete or whether revisions to the plan are needed, and the
687	reviews may be conducted at the stationary source to confirm
688	that information onsite is consistent with reported information.
689	(8)  "Department" means the Department of Community
690	Affairs.
691	(8)(9)  "Inspection" means a review of information at a
692	stationary source subject to s. 112(r)(7), including
693	documentation and operating practices and access to the source
694	and to any area where an accidental release could occur, to
695	determine whether the stationary source is in compliance with
696	the requirements of this part or rules adopted to administer
697	implement this part.
698	(9)  "Office" means the Office of Emergency Management in
699	the Executive Office of the Governor.
700	(19)  "Trust fund" means the Operating Trust Fund of the
701	office established in the department's Division of Emergency
702	Management.
703	Section 17.  Section 252.937, Florida Statutes, is amended
704	to read:
705	252.937  Department powers and duties.-
706	(1)  The office department has the power and duty to:
707	(a)1.  Seek delegation from the United States Environmental
708	Protection Agency to implement the Accidental Release Prevention
709	Program under s. 112(r)(7) of the Clean Air Act and the federal
710	implementing regulations for specified sources subject to s.
711	112(r)(7) of the Clean Air Act. Implementation for all other
712	sources subject to s. 112(r)(7) of the Clean Air Act shall will
713	be performed by the United States Environmental Protection
714	Agency; and
715	2.  Ensure the timely submission of Risk Management Plans
716	and any subsequent revisions of Risk Management Plans.
717	(b)  Adopt, modify, and repeal rules, with the advice and
718	consent of the commission, necessary to obtain delegation from
719	the United States Environmental Protection Agency and to
720	administer the s. 112(r)(7) Accidental Release Prevention
721	Program in this state for the specified stationary sources with
722	no expansion or addition of the regulatory program.
723	(c)  Make and execute contracts and other agreements
724	necessary or convenient to the administration implementation of
725	this part.
726	(d)  Coordinate its activities under this part with its
727	other emergency management responsibilities, including its
728	responsibilities and activities under parts I, II, and III of
729	this chapter and with the related activities of other state and
730	local agencies, keeping separate accounts for all activities
731	conducted under this part which are supported or partially
732	supported from the trust fund.
733	(e)  Establish, with the advice and consent of the
734	commission, a technical assistance and outreach program on or
735	before January 31, 1999, to assist owners and operators of
736	specified stationary sources subject to s. 112(r)(7) in
737	complying with the reporting and fee requirements of this part.
738	This program is designed to facilitate and ensure timely
739	submission of proper certifications or compliance schedules and
740	timely submission and registration of Risk Management Plans and
741	revised registrations and Risk Management Plans if when required
742	for these sources.
743	(f)  Make a quarterly report to the State Emergency
744	Response Commission on income and expenses for the state's
745	Accidental Release Prevention Program under this part.
746	(2)  To ensure that this program is self-supporting, the
747	office department shall provide administrative support,
748	including staff, facilities, materials, and services to
749	implement this part for specified stationary sources subject to
750	s. 252.939 and shall provide necessary funding to local
751	emergency planning committees and county emergency management
752	agencies for work performed to implement this part. Each state
753	agency with regulatory, inspection, or technical assistance
754	programs for specified stationary sources subject to this part
755	shall enter into a memorandum of understanding with the office
756	department which specifically outlines how each agency's staff,
757	facilities, materials, and services will be used utilized to
758	support implementation. At a minimum, these agencies and
759	programs include: the Department of Environmental Protection's
760	Division of Air Resources Management and Division of Water
761	Resource Management, and the Department of Labor and Employment
762	Security's Division of Safety. It is the Legislature's intent to
763	implement this part as efficiently and economically as possible,
764	using existing expertise and resources, if available and
765	appropriate.
766	(3)  To prevent the duplication of investigative efforts
767	and resources, the office department, on behalf of the
768	commission, shall coordinate with any federal agencies or agents
769	thereof, including the federal Chemical Safety and Hazard
770	Investigation Board, or its successor, which are performing
771	accidental release investigations for specified stationary
772	sources, and may coordinate with any agencies of the state which
773	are performing accidental release investigations. This
774	accidental release investigation coordination is not intended to
775	limit or take the place of any individual agency accidental
776	release investigation under separate authority.
777	(4)  To promote efficient administration of this program
778	and specified stationary sources, the only the office agency
779	which may seek delegation from the United States Environmental
780	Protection Agency for this program is the Florida Department of
781	Community Affairs. Further, the office may Florida Department of
782	Community Affairs shall not delegate this program to any local
783	environmental agency.
784	Section 18.  Section 252.943, Florida Statutes, is amended
785	to read:
786	252.943  Public records.-
787	(1)  The office Department of Community Affairs shall
788	protect records, reports, or information or particular parts
789	thereof, other than release or emissions data, contained in a
790	risk management plan from public disclosure pursuant to ss.
791	112(r) and 114(c) of the federal Clean Air Act and authorities
792	cited therein, based upon a showing satisfactory to the
793	Administrator of the United States Environmental Protection
794	Agency, by any owner or operator of a stationary source subject
795	to the Accidental Release Prevention Program, that public
796	release of such records, reports, or information would divulge
797	methods or processes entitled to protection as trade secrets as
798	provided for in 40 C.F.R. part 2, subpart B. Such records,
799	reports, or information held by the office department are
800	confidential and exempt from the provisions of s. 119.07(1) and
801	s. 24(a), Art. I of the State Constitution, unless a final
802	determination has been made by the Administrator of the
803	Environmental Protection Agency that such records, reports, or
804	information are not entitled to trade secret protection, or
805	pursuant to an order of court.
806	(2)  The office department shall protect records, reports,
807	or information or particular parts thereof, other than release
808	or emissions data, obtained from an investigation, inspection,
809	or audit from public disclosure pursuant to ss. 112(r) and
810	114(c) of the federal Clean Air Act and authorities cited
811	therein, based upon a showing satisfactory to the Administrator
812	of the United States Environmental Protection Agency, by any
813	owner or operator of a stationary source subject to the
814	Accidental Release Prevention Program, that public release of
815	such records, reports, or information would divulge methods or
816	processes entitled to protection as trade secrets as provided
817	for in 40 C.F.R. part 2, subpart B. Such records, reports, or
818	information held by the office department are confidential and
819	exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
820	of the State Constitution, unless a final determination has been
821	made by the Administrator of the Environmental Protection Agency
822	that such records, reports, or information are not entitled to
823	trade secret protection, or pursuant to a court an order of
824	court.
825	Section 19.  Section 252.946, Florida Statutes, is amended
826	to read:
827	252.946  Public records.-With regard to information
828	submitted to the United States Environmental Protection Agency
829	under this part or s. 112(r)(7), the office department of
830	Community Affairs, the State Hazardous Materials Emergency
831	Response Commission, and any local emergency planning committee
832	may assist persons in electronically accessing such information
833	held by the United States Environmental Protection Agency in its
834	centralized database. If requested, the office department, the
835	commission, or a committee may furnish copies of such United
836	States Environmental Protection Agency records.
837	Section 20.  Paragraph (a) of subsection (4) of section
838	282.34, Florida Statutes, is amended to read:
839	282.34  Statewide e-mail service.-A state e-mail system
840	that includes the delivery and support of e-mail, messaging, and
841	calendaring capabilities is established as an enterprise
842	information technology service as defined in s. 282.0041. The
843	service shall be designed to meet the needs of all executive
844	branch agencies. The primary goals of the service are to
845	minimize the state investment required to establish, operate,
846	and support the statewide service; reduce the cost of current e-
847	mail operations and the number of duplicative e-mail systems;
848	and eliminate the need for each state agency to maintain its own
849	e-mail staff.
850	(4)  All agencies must be completely migrated to the
851	statewide e-mail service as soon as financially and
852	operationally feasible, but no later than June 30, 2015.
853	(a)  The following statewide e-mail service implementation
854	schedule is established for state agencies:
855	1.  Phase 1.-The following agencies must be completely
856	migrated to the statewide e-mail system by June 30, 2012: the
857	Agency for Enterprise Information Technology; the Department of
858	Community Affairs, including the Division of Emergency
859	Management; the Department of Corrections; the Department of
860	Health; the Department of Highway Safety and Motor Vehicles; the
861	Department of Management Services, including the Division of
862	Administrative Hearings, the Division of Retirement, the
863	Commission on Human Relations, and the Public Employees
864	Relations Commission; the Southwood Shared Resource Center; and
865	the Department of Revenue.
866	2.  Phase 2.-The following agencies must be completely
867	migrated to the statewide e-mail system by June 30, 2013: the
868	Department of Business and Professional Regulation; the
869	Department of Education, including the Board of Governors; the
870	Department of Environmental Protection; the Department of
871	Juvenile Justice; the Department of the Lottery; the Department
872	of State; the Department of Law Enforcement; the Department of
873	Veterans' Affairs; the Judicial Administration Commission; the
874	Public Service Commission; and the Statewide Guardian Ad Litem
875	Office.
876	3.  Phase 3.-The following agencies must be completely
877	migrated to the statewide e-mail system by June 30, 2014: the
878	Agency for Health Care Administration; the Agency for Workforce
879	Innovation; the Department of Financial Services, including the
880	Office of Financial Regulation and the Office of Insurance
881	Regulation; the Department of Agriculture and Consumer Services;
882	the Executive Office of the Governor, including the Office of
883	Emergency Management; the Department of Transportation; the Fish
884	and Wildlife Conservation Commission; the Agency for Persons
885	With Disabilities; the Northwood Shared Resource Center; and the
886	State Board of Administration.
887	4.  Phase 4.-The following agencies must be completely
888	migrated to the statewide e-mail system by June 30, 2015: the
889	Department of Children and Family Services; the Department of
890	Citrus; the Department of Elderly Affairs; and the Department of
891	Legal Affairs.
892	Section 21.  Paragraphs (a) and (d) of subsection (1) and
893	subsection (4) of section 282.709, Florida Statutes, are amended
894	to read:
895	282.709  State agency law enforcement radio system and
896	interoperability network.-
897	(1)  The department may acquire and administer a statewide
898	radio communications system to serve law enforcement units of
899	state agencies, and to serve local law enforcement agencies
900	through mutual aid channels.
901	(a)  The department shall, in conjunction with the
902	Department of Law Enforcement and the Office Division of
903	Emergency Management of the Department of Community Affairs,
904	establish policies, procedures, and standards to be incorporated
905	into a comprehensive management plan for the use and operation
906	of the statewide radio communications system.
907	(d)  The department shall exercise its powers and duties
908	under this part to plan, manage, and administer the mutual aid
909	channels in the statewide radio communication system.
910	1.  In implementing such powers and duties, the department
911	shall consult and act in conjunction with the Department of Law
912	Enforcement and the Office Division of Emergency Management of
913	the Department of Community Affairs, and shall manage and
914	administer the mutual aid channels in a manner that reasonably
915	addresses the needs and concerns of the involved law enforcement
916	agencies and emergency response agencies and entities.
917	2.  The department may make the mutual aid channels
918	available to federal agencies, state agencies, and agencies of
919	the political subdivisions of the state for the purpose of
920	public safety and domestic security.
921	(4)  The department may create and administer an
922	interoperability network to enable interoperability between
923	various radio communications technologies and to serve federal
924	agencies, state agencies, and agencies of political subdivisions
925	of the state for the purpose of public safety and domestic
926	security.
927	(a)  The department shall, in conjunction with the
928	Department of Law Enforcement and the Office Division of
929	Emergency Management of the Department of Community Affairs,
930	exercise its powers and duties pursuant to this chapter to plan,
931	manage, and administer the interoperability network. The office
932	may:
933	1.  Enter into mutual aid agreements among federal
934	agencies, state agencies, and political subdivisions of the
935	state for the use of the interoperability network.
936	2.  Establish the cost of maintenance and operation of the
937	interoperability network and charge subscribing federal and
938	local law enforcement agencies for access and use of the
939	network. The department may not charge state law enforcement
940	agencies identified in paragraph (2)(a) to use the network.
941	3.  In consultation with the Department of Law Enforcement
942	and the Office Division of Emergency Management of the
943	Department of Community Affairs, amend and enhance the statewide
944	radio communications system as necessary to implement the
945	interoperability network.
946	(b)  The department, in consultation with the Joint Task
947	Force on State Agency Law Enforcement Communications, and in
948	conjunction with the Department of Law Enforcement and the
949	Office Division of Emergency Management of the Department of
950	Community Affairs, shall establish policies, procedures, and
951	standards to incorporate into a comprehensive management plan
952	for the use and operation of the interoperability network.
953	Section 22.  Paragraph (l) of subsection (1) of section
954	311.115, Florida Statutes, is amended to read:
955	311.115  Seaport Security Standards Advisory Council.-The
956	Seaport Security Standards Advisory Council is created under the
957	Office of Drug Control. The council shall serve as an advisory
958	council as provided in s. 20.03(7).
959	(1)  The members of the council shall be appointed by the
960	Governor and consist of the following:
961	(l)  The Director of the Office Division of Emergency
962	Management, or his or her designee.
963	Section 23.  Subsections (1) and (2), paragraph (b) of
964	subsection (3), and paragraph (b) of subsection (4) of section
965	526.143, Florida Statutes, are amended to read:
966	526.143  Alternate generated power capacity for motor fuel
967	dispensing facilities.-
968	(1)  By June 1, 2007, Each motor fuel terminal facility, as
969	defined in s. 526.303(16), and each wholesaler, as defined in s.
970	526.303(17), which sells motor fuel in this state must be
971	capable of operating its distribution loading racks using an
972	alternate generated power source for a minimum of 72 hours.
973	Pending a postdisaster examination of the equipment by the
974	operator to determine any extenuating damage that would render
975	it unsafe to use, the facility must have such alternate
976	generated power source available for operation within no later
977	than 36 hours after a major disaster as defined in s. 252.34.
978	Installation of appropriate wiring, including a transfer switch,
979	shall be performed by a certified electrical contractor. Each
980	business that is subject to this subsection must keep a copy of
981	the documentation of such installation on site or at its
982	corporate headquarters. In addition, each business must keep a
983	written statement attesting to the periodic testing and ensured
984	operational capacity of the equipment. The required documents
985	must be made available, upon request, to the Office Division of
986	Emergency Management and the director of the county emergency
987	management agency.
988	(2)  Each newly constructed or substantially renovated
989	motor fuel retail outlet, as defined in s. 526.303(14), for
990	which a certificate of occupancy is issued on or after July 1,
991	2006, shall be prewired with an appropriate transfer switch, and
992	capable of operating all fuel pumps, dispensing equipment,
993	lifesafety systems, and payment-acceptance equipment using an
994	alternate generated power source. As used in this subsection,
995	the term "substantially renovated" means a renovation that
996	results in an increase of greater than 50 percent in the
997	assessed value of the motor fuel retail outlet. Local building
998	inspectors shall include this equipment and operations check in
999	the normal inspection process before issuing a certificate of
1000	occupancy. Each retail outlet that is subject to this subsection
1001	must keep a copy of the certificate of occupancy on site or at
1002	its corporate headquarters. In addition, each retail outlet must
1003	keep a written statement attesting to the periodic testing of
1004	and ensured operational capability of the equipment. The
1005	required documents must be made available, upon request, to the
1006	Office Division of Emergency Management and the director of the
1007	county emergency management agency.
1008	(3)
1009	(b)  Installation of appropriate wiring and transfer
1010	switches must be performed by a certified electrical contractor.
1011	Each retail outlet that is subject to this subsection must keep
1012	a copy of the documentation of such installation on site or at
1013	its corporate headquarters. In addition, each retail outlet must
1014	keep a written statement attesting to the periodic testing of
1015	and ensured operational capacity of the equipment. The required
1016	documents must be made available, upon request, to the Office
1017	Division of Emergency Management and the director of the county
1018	emergency management agency.
1019	(4)
1020	(b)  Subsections (2) and (3) do not apply to:
1021	1.  An automobile dealer;
1022	2.  A person who operates a fleet of motor vehicles;
1023	3.  A person who sells motor fuel exclusively to a fleet of
1024	motor vehicles; or
1025	4.  A motor fuel retail outlet that has a written agreement
1026	with a public hospital, in a form approved by the Office
1027	Division of Emergency Management, wherein the public hospital
1028	agrees to provide the motor fuel retail outlet with an
1029	alternative means of power generation onsite so that the
1030	outlet's fuel pumps may be operated in the event of a power
1031	outage.
1032	Section 24.  Paragraph (a) of subsection (1) and paragraph
1033	(b) of subsection (4) of section 526.144, Florida Statutes, are
1034	amended to read:
1035	526.144  Florida Disaster Motor Fuel Supplier Program.-
1036	(1)(a)  There is created the Florida Disaster Motor Fuel
1037	Supplier Program within the Office of Emergency Management
1038	Department of Community Affairs.
1039	(4)
1040	(b)  Notwithstanding any other law or other ordinance and
1041	for the purpose of ensuring an appropriate emergency management
1042	response following major disasters in this state, the regulation
1043	of all other retail establishments participating in such
1044	response is shall be as follows:
1045	1.  Regulation of retail establishments that meet the
1046	standards created by the Office Division of Emergency Management
1047	in the report required in s. 8, chapter 2006-71, Laws of
1048	Florida, by July 1, 2007, is preempted to the state and until
1049	such standards are adopted, the regulation of these retail
1050	establishments is preempted to the state;
1051	2.  The division shall provide written certification of
1052	such preemption to retail establishments that qualify and shall
1053	provide such information to local governments upon request; and
1054	3.  Regulation of retail establishments that do not meet
1055	the operational standards is subject to local government laws or
1056	ordinances.
1057	Section 25.  Paragraph (b) of subsection (2) of section
1058	627.0628, Florida Statutes, is amended to read:
1059	627.0628  Florida Commission on Hurricane Loss Projection
1060	Methodology; public records exemption; public meetings
1061	exemption.-
1062	(2)  COMMISSION CREATED.-
1063	(b)  The commission shall consist of the following 11
1064	members:
1065	1.  The insurance consumer advocate.
1066	2.  The senior employee of the State Board of
1067	Administration responsible for operations of the Florida
1068	Hurricane Catastrophe Fund.
1069	3.  The Executive Director of the Citizens Property
1070	Insurance Corporation.
1071	4.  The Director of the Office Division of Emergency
1072	Management of the Department of Community Affairs.
1073	5.  The actuary member of the Florida Hurricane Catastrophe
1074	Fund Advisory Council.
1075	6.  An employee of the office who is an actuary responsible
1076	for property insurance rate filings and who is appointed by the
1077	director of the office.
1078	7.  Five members appointed by the Chief Financial Officer,
1079	as follows:
1080	a.  An actuary who is employed full time by a property and
1081	casualty insurer which was responsible for at least 1 percent of
1082	the aggregate statewide direct written premium for homeowner's
1083	insurance in the calendar year preceding the member's
1084	appointment to the commission.
1085	b.  An expert in insurance finance who is a full-time
1086	member of the faculty of the State University System and who has
1087	a background in actuarial science.
1088	c.  An expert in statistics who is a full-time member of
1089	the faculty of the State University System and who has a
1090	background in insurance.
1091	d.  An expert in computer system design who is a full-time
1092	member of the faculty of the State University System.
1093	e.  An expert in meteorology who is a full-time member of
1094	the faculty of the State University System and who specializes
1095	in hurricanes.
1096	Section 26.  Paragraph (d) of subsection (2) of section
1097	768.13, Florida Statutes, is amended to read:
1098	768.13  Good Samaritan Act; immunity from civil liability.-
1099	(2)
1100	(d)  Any person whose acts or omissions are not otherwise
1101	covered by this section and who participates in emergency
1102	response activities under the direction of or in connection with
1103	a community emergency response team, local emergency management
1104	agencies, the Office Division of Emergency Management of the
1105	Department of Community Affairs, or the Federal Emergency
1106	Management Agency is not liable for any civil damages as a
1107	result of care, treatment, or services provided gratuitously in
1108	such capacity and resulting from any act or failure to act in
1109	such capacity in providing or arranging further care, treatment,
1110	or services, if such person acts as a reasonably prudent person
1111	would have acted under the same or similar circumstances.
1112	Section 27.  Subsection (14) of section 943.03, Florida
1113	Statutes, is amended to read:
1114	943.03  Department of Law Enforcement.-
1115	(14)  The department, with respect to counter-terrorism
1116	efforts, responses to acts of terrorism within or affecting this
1117	state, and other matters related to the domestic security of
1118	Florida as it relates to terrorism, shall coordinate and direct
1119	the law enforcement, initial emergency, and other initial
1120	responses. The department shall work closely with the Office
1121	Division of Emergency Management, other federal, state, and
1122	local law enforcement agencies, fire and rescue agencies, first-
1123	responder agencies, and others involved in preparation against
1124	acts of terrorism in or affecting this state and in the response
1125	to such acts. The executive director of the department, or
1126	another member of the department designated by the director,
1127	shall serve as Chief of Domestic Security for the purpose of
1128	directing and coordinating such efforts. The department and
1129	Chief of Domestic Security shall use the regional domestic
1130	security task forces as established in this chapter to assist in
1131	such efforts.
1132	Section 28.  Section 943.03101, Florida Statutes, is
1133	amended to read:
1134	943.03101  Counter-terrorism coordination.-The Legislature
1135	finds that with respect to counter-terrorism efforts and initial
1136	responses to acts of terrorism within or affecting this state,
1137	specialized efforts of emergency management which that are
1138	unique to such situations are required and that these efforts
1139	intrinsically involve very close coordination of federal, state,
1140	and local law enforcement agencies with the efforts of all
1141	others involved in emergency-response efforts. In order to best
1142	provide this specialized effort with respect to counter-
1143	terrorism efforts and responses, the Legislature has determined
1144	that such efforts should be coordinated by and through the
1145	Department of Law Enforcement, working closely with the Office
1146	Division of Emergency Management and others involved in
1147	preparation against acts of terrorism in or affecting this
1148	state, and in the initial response to such acts, in accordance
1149	with the state comprehensive emergency management plan prepared
1150	pursuant to s. 252.35(2)(a).
1151	Section 29.  Paragraph (d) of subsection (1) and subsection
1152	(3) of section 943.0312, Florida Statutes, are amended to read:
1153	943.0312  Regional domestic security task forces.-The
1154	Legislature finds that there is a need to develop and implement
1155	a statewide strategy to address prevention, preparation,
1156	protection, response, and recovery efforts by federal, state,
1157	and local law enforcement agencies, emergency management
1158	agencies, fire and rescue departments, first-responder personnel
1159	and others in dealing with potential or actual terrorist acts
1160	within or affecting this state.
1161	(1)  To assist the department and the Chief of Domestic
1162	Security in performing their roles and duties in this regard,
1163	the department shall establish a regional domestic security task
1164	force in each of the department's operational regions. The task
1165	forces shall serve in an advisory capacity to the department and
1166	the Chief of Domestic Security and shall provide support to the
1167	department in its performance of functions pertaining to
1168	domestic security.
1169	(d)  The co-chairs of each task force may appoint
1170	subcommittees and subcommittee chairs as necessary in order to
1171	address issues related to the various disciplines represented on
1172	the task force, except that subcommittee chairs for emergency
1173	management shall be appointed with the approval of the director
1174	of the Office Division of Emergency Management. A subcommittee
1175	chair shall serve at the pleasure of the co-chairs.
1176	(3)  The Chief of Domestic Security, in conjunction with
1177	the Office Division of Emergency Management, the regional
1178	domestic security task forces, and the various state entities
1179	responsible for establishing training standards applicable to
1180	state law enforcement officers and fire, emergency, and first-
1181	responder personnel shall identify appropriate equipment and
1182	training needs, curricula, and materials related to the
1183	effective response to suspected or actual acts of terrorism or
1184	incidents involving real or hoax weapons of mass destruction as
1185	defined in s. 790.166. Recommendations for funding for purchases
1186	of equipment, delivery of training, implementation of, or
1187	revision to basic or continued training required for state
1188	licensure or certification, or other related responses shall be
1189	made by the Chief of Domestic Security to the Domestic Security
1190	Oversight Council, the Executive Office of the Governor, the
1191	President of the Senate, and the Speaker of the House of
1192	Representatives as necessary to ensure that the needs of this
1193	state with regard to the preparing, equipping, training, and
1194	exercising of response personnel are identified and addressed.
1195	In making such recommendations, the Chief of Domestic Security
1196	and the Office Division of Emergency Management shall identify
1197	all funding sources that may be available to fund such efforts.
1198	Section 30.  Paragraph (a) of subsection (1), paragraph (b)
1199	of subsection (2), and paragraph (b) of subsection (4) of
1200	section 943.0313, Florida Statutes, are amended to read:
1201	943.0313  Domestic Security Oversight Council.-The
1202	Legislature finds that there exists a need to provide executive
1203	direction and leadership with respect to terrorism prevention,
1204	preparation, protection, response, and recovery efforts by state
1205	and local agencies in this state. In recognition of this need,
1206	the Domestic Security Oversight Council is hereby created. The
1207	council shall serve as an advisory council pursuant to s.
1208	20.03(7) to provide guidance to the state's regional domestic
1209	security task forces and other domestic security working groups
1210	and to make recommendations to the Governor and the Legislature
1211	regarding the expenditure of funds and allocation of resources
1212	related to counter-terrorism and domestic security efforts.
1213	(1)  MEMBERSHIP.-
1214	(a)  The Domestic Security Oversight Council shall consist
1215	of the following voting members:
1216	1.  The executive director of the Department of Law
1217	Enforcement.
1218	2.  The director of the Office Division of Emergency
1219	Management within the Department of Community Affairs.
1220	3.  The Attorney General.
1221	4.  The Commissioner of Agriculture.
1222	5.  The State Surgeon General.
1223	6.  The Commissioner of Education.
1224	7.  The State Fire Marshal.
1225	8.  The adjutant general of the Florida National Guard.
1226	9.  The state chief information officer.
1227	10.  Each sheriff or chief of police who serves as a co-
1228	chair of a regional domestic security task force pursuant to s.
1229	943.0312(1)(b).
1230	11.  Each of the department's special agents in charge who
1231	serve as a co-chair of a regional domestic security task force.
1232	12.  Two representatives of the Florida Fire Chiefs
1233	Association.
1234	13.  One representative of the Florida Police Chiefs
1235	Association.
1236	14.  One representative of the Florida Prosecuting
1237	Attorneys Association.
1238	15.  The chair of the Statewide Domestic Security
1239	Intelligence Committee.
1240	16.  One representative of the Florida Hospital
1241	Association.
1242	17.  One representative of the Emergency Medical Services
1243	Advisory Council.
1244	18.  One representative of the Florida Emergency
1245	Preparedness Association.
1246	19.  One representative of the Florida Seaport
1247	Transportation and Economic Development Council.
1248	(2)  ORGANIZATION.-
1249	(b)  The executive director of the Department of Law
1250	Enforcement shall serve as chair of the council, and the
1251	director of the Office Division of Emergency Management within
1252	the Department of Community Affairs shall serve as vice chair of
1253	the council. In the absence of the chair, the vice chair shall
1254	serve as chair. In the absence of the vice chair, the chair may
1255	name any member of the council to perform the duties of the
1256	chair if such substitution does not extend beyond a defined
1257	meeting, duty, or period of time.
1258	(4)  EXECUTIVE COMMITTEE.-
1259	(b)  The executive director of the Department of Law
1260	Enforcement shall serve as the chair of the executive committee,
1261	and the director of the Office Division of Emergency Management
1262	within the Department of Community Affairs shall serve as the
1263	vice chair of the executive committee.
1264	Section 31.  Subsection (3) of section 112.3135, Florida
1265	Statutes, is amended to read:
1266	112.3135  Restriction on employment of relatives.-
1267	(3)  An agency may prescribe regulations authorizing the
1268	temporary employment, in the event of an emergency as defined in
1269	s. 252.34(3), of individuals whose employment would be otherwise
1270	prohibited by this section.
1271	Section 32.  Paragraph (d) of subsection (2) of section
1272	119.071, Florida Statutes, is amended to read:
1273	119.071  General exemptions from inspection or copying of
1274	public records.-
1275	(2)  AGENCY INVESTIGATIONS.-
1276	(d)  Any information revealing surveillance techniques or
1277	procedures or personnel is exempt from s. 119.07(1) and s.
1278	24(a), Art. I of the State Constitution. Any comprehensive
1279	inventory of state and local law enforcement resources compiled
1280	pursuant to part I, chapter 23, and any comprehensive policies
1281	or plans compiled by a criminal justice agency pertaining to the
1282	mobilization, deployment, or tactical operations involved in
1283	responding to an emergency emergencies, as defined in s.
1284	252.34(3), are exempt from s. 119.07(1) and s. 24(a), Art. I of
1285	the State Constitution and unavailable for inspection, except by
1286	personnel authorized by a state or local law enforcement agency,
1287	the office of the Governor, the Department of Legal Affairs, the
1288	Department of Law Enforcement, or the Department of Community
1289	Affairs as having an official need for access to the inventory
1290	or comprehensive policies or plans.
1291	Section 33.  Paragraph (c) of subsection (1) of section
1292	163.03, Florida Statutes, is amended to read:
1293	163.03  Secretary of Community Affairs; powers and duties;
1294	function of Department of Community Affairs with respect to
1295	federal grant-in-aid programs.-
1296	(1)  The Secretary of Community Affairs shall:
1297	(c)  Under the direction of the Governor, administer
1298	programs to apply rapidly all available aid to communities
1299	stricken by an emergency as defined in s. 252.34(3) and, for
1300	this purpose, provide liaison with federal agencies and other
1301	public and private agencies.
1302	Section 34.  Subsection (10) of section 163.360, Florida
1303	Statutes, is amended to read:
1304	163.360  Community redevelopment plans.-
1305	(10)  Notwithstanding any other provisions of this part, if
1306	when the governing body certifies that an area is in need of
1307	redevelopment or rehabilitation as a result of an emergency as
1308	defined in under s. 252.34(3), with respect to which the
1309	Governor has certified the need for emergency assistance under
1310	federal law, that area may be certified as a "blighted area,"
1311	and the governing body may approve a community redevelopment
1312	plan and community redevelopment with respect to such area
1313	without regard to the provisions of this section requiring a
1314	general plan for the county or municipality and a public hearing
1315	on the community redevelopment.
1316	Section 35.  Subsection (1) of section 175.021, Florida
1317	Statutes, is amended to read:
1318	175.021  Legislative declaration.-
1319	(1)  It is hereby declared by the Legislature that
1320	firefighters, as hereinafter defined, perform state and
1321	municipal functions; that it is their duty to extinguish fires,
1322	to protect life, and to protect property at their own risk and
1323	peril; that it is their duty to prevent conflagration and to
1324	continuously instruct school personnel, public officials, and
1325	private citizens in the prevention of fires and firesafety; that
1326	they protect both life and property from local emergencies as
1327	defined in s. 252.34(3); and that their activities are vital to
1328	the public safety. It is further declared that firefighters
1329	employed by special fire control districts serve under the same
1330	circumstances and perform the same duties as firefighters
1331	employed by municipalities and should therefore be entitled to
1332	the benefits available under this chapter. Therefore, the
1333	Legislature declares that it is a proper and legitimate state
1334	purpose to provide a uniform retirement system for the benefit
1335	of firefighters as hereinafter defined and intends, in
1336	implementing the provisions of s. 14, Art. X of the State
1337	Constitution as they relate to municipal and special district
1338	firefighters' pension trust fund systems and plans, that such
1339	retirement systems or plans be managed, administered, operated,
1340	and funded in such manner as to maximize the protection of the
1341	firefighters' pension trust funds. Pursuant to s. 18, Art. VII
1342	of the State Constitution, the Legislature hereby determines and
1343	declares that the provisions of this act fulfill an important
1344	state interest.
1345	Section 36.  Subsection (11) of section 186.505, Florida
1346	Statutes, is amended to read:
1347	186.505  Regional planning councils; powers and duties.-Any
1348	regional planning council created hereunder shall have the
1349	following powers:
1350	(11)  To cooperate, in the exercise of its planning
1351	functions, with federal and state agencies in planning for
1352	emergency management as defined in under s. 252.34(4).
1353	Section 37.  Subsection (1) of section 216.231, Florida
1354	Statutes, is amended to read:
1355	216.231  Release of certain classified appropriations.-
1356	(1)(a)  Any appropriation to the Executive Office of the
1357	Governor which is classified as an "emergency," as defined in s.
1358	252.34(3), may be released only with the approval of the
1359	Governor. The state agency, or the judicial branch, desiring the
1360	use of the emergency appropriation shall submit to the Executive
1361	Office of the Governor application therefor in writing setting
1362	forth the facts from which the alleged need arises. The
1363	Executive Office of the Governor shall, at a public hearing,
1364	review such application promptly and approve or disapprove the
1365	applications as the circumstances may warrant. All actions of
1366	the Executive Office of the Governor shall be reported to the
1367	legislative appropriations committees, and the committees may
1368	advise the Executive Office of the Governor relative to the
1369	release of such funds.
1370	(b)  The release of appropriated funds classified as
1371	"emergency" shall be approved only if when an act or
1372	circumstance caused by an act of God, civil disturbance, natural
1373	disaster, or other circumstance of an emergency nature
1374	threatens, endangers, or damages the property, safety, health,
1375	or welfare of the state or its residents citizens, which
1376	condition has not been provided for in appropriation acts of the
1377	Legislature. Funds allocated for this purpose may be used to pay
1378	overtime pay to personnel of agencies called upon to perform
1379	extra duty because of any civil disturbance or other emergency
1380	as defined in s. 252.34(3) and to provide the required state
1381	match for federal grants under the federal Disaster Relief Act.
1382	Section 38.  Subsections (3) and (4) of section 250.06,
1383	Florida Statutes, are amended to read:
1384	250.06  Commander in chief.-
1385	(3)  The Governor may, in order to preserve the public
1386	peace, execute the laws of the state, suppress insurrection,
1387	repel invasion, respond to an emergency as defined in s.
1388	252.34(3) or imminent danger thereof, or, in case of the calling
1389	of all or any portion of the militia of this state Florida into
1390	the services of the United States, may increase the Florida
1391	National Guard and organize it in accordance with rules and
1392	regulations governing the Armed Forces of the United States.
1393	Such organization and increase may be pursuant to or in advance
1394	of any call made by the President of the United States. If the
1395	Florida National Guard is activated into service of the United
1396	States, another organization may not be designated as the
1397	Florida National Guard.
1398	(4)  The Governor may, in order to preserve the public
1399	peace, execute the laws of the state, enhance domestic security,
1400	respond to terrorist threats or attacks, respond to an emergency
1401	as defined in s. 252.34(3) or imminent danger thereof, or
1402	respond to any need for emergency aid to civil authorities as
1403	specified in s. 250.28, order into state active duty all or any
1404	part of the militia which he or she deems proper.
1405	Section 39.  Paragraph (g) of subsection (7) of section
1406	339.135, Florida Statutes, is amended to read:
1407	339.135  Work program; legislative budget request;
1408	definitions; preparation, adoption, execution, and amendment.-
1409	(7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.-
1410	(g)  Notwithstanding the requirements in paragraphs (d) and
1411	(g) and ss. 216.177(2) and 216.351, the secretary may request
1412	the Executive Office of the Governor to amend the adopted work
1413	program when an emergency exists, as defined in s. 252.34(3),
1414	and the emergency relates to the repair or rehabilitation of any
1415	state transportation facility. The Executive Office of the
1416	Governor may approve the amendment to the adopted work program
1417	and amend that portion of the department's approved budget if a
1418	in the event that the delay incident to the notification
1419	requirements in paragraph (d) would be detrimental to the
1420	interests of the state. However, the department shall
1421	immediately notify the parties specified in paragraph (d) and
1422	shall provide such parties written justification for the
1423	emergency action within 7 days after of the approval by the
1424	Executive Office of the Governor of the amendment to the adopted
1425	work program and the department's budget. In no event may The
1426	adopted work program may not be amended under the provisions of
1427	this subsection without the certification by the comptroller of
1428	the department that there are sufficient funds available
1429	pursuant to the 36-month cash forecast and applicable statutes.
1430	Section 40.  Paragraph (b) of subsection (2) of section
1431	429.907, Florida Statutes, is amended to read:
1432	429.907  License requirement; fee; exemption; display.-
1433	(2)
1434	(b)  If In the event a licensed center becomes wholly or
1435	substantially unusable due to a disaster as defined in s.
1436	252.34(1) or due to an emergency as those terms are defined in
1437	s. 252.34(3):
1438	1.  The licensee may continue to operate under its current
1439	license in a premise or premises separate from that authorized
1440	under the license if the licensee has:
1441	a.  Specified the location of the premise or premises in
1442	its comprehensive emergency management plan submitted to and
1443	approved by the applicable county emergency management
1444	authority; and
1445	b.  Notified the agency and the county emergency management
1446	authority within 24 hours of operating in the separate premise
1447	or premises.
1448	2.  The licensee shall operate the separate premise or
1449	premises only while the licensed center's original location is
1450	substantially unusable and for up to no longer than 180 days.
1451	The agency may extend use of the alternate premise or premises
1452	beyond the initial 180 days. The agency may also review the
1453	operation of the disaster premise or premises quarterly.
1454	Section 41.  The Division of Statutory Revision is
1455	requested to prepare a reviser's bill for introduction at the
1456	next regular session of the Legislature to conform the Florida
1457	Statutes to changes made by this act.
1458	Section 42.  Except as otherwise expressly provided in this
1459	act and except for this section, which shall take effect upon
1460	this act becoming a law, this act shall take effect October 1,
1461	2011.

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