Florida Senate - 2018                                    SB 1006
       By Senator Montford
       3-00575B-18                                           20181006__
    1                        A bill to be entitled                      
    2         An act relating to disaster response and preparedness;
    3         amending s. 252.34, F.S.; defining the term “comfort
    4         animal”; amending s. 252.35, F.S.; modifying
    5         requirements for the state comprehensive emergency
    6         management plan and statewide public awareness
    7         programs administered by the Division of Emergency
    8         Management; requiring the division to provide certain
    9         guidance to entities to ensure the receipt of maximum
   10         allowable reimbursements from the Federal Government
   11         for disaster-related expenditures; amending s.
   12         252.355, F.S.; authorizing any individual to bring a
   13         service animal or comfort animal to a special needs
   14         shelter; creating s. 252.3551, F.S.; requiring the
   15         division to establish and maintain a registry with
   16         homeless shelters and service providers for specified
   17         purposes; amending s. 252.3568, F.S.; revising
   18         requirements for the development of strategies
   19         regarding the sheltering of persons with service
   20         animals or comfort animals; requiring the division to
   21         develop informational materials regarding the
   22         acceptance of pets, service animals, and comfort
   23         animals at shelters; amending s. 252.38, F.S.;
   24         requiring that, upon the request of the director of a
   25         local emergency management agency, Florida College
   26         System institutions and state universities participate
   27         in emergency management activities through the
   28         provision of facilities and personnel; requiring
   29         Florida College System institutions and state
   30         universities that provide transportation assistance in
   31         an emergency evacuation to coordinate the use of
   32         vehicles and personnel with local emergency management
   33         agencies; amending s. 252.385, F.S.; updating
   34         references to community colleges; amending s. 1008.34,
   35         F.S., and reenacting and amending subsection (1);
   36         defining the term “eligible student”; excluding from
   37         the calculation of certain components of a school’s
   38         grade the performance of certain students who have
   39         recently arrived from a United States territory where
   40         an emergency has been declared due to a natural
   41         disaster; amending s. 1011.60, F.S.; providing an
   42         exception to the prohibition against a school
   43         district’s payment of salary to an employee in advance
   44         of rendering of services; amending ss. 163.360,
   45         474.2125, and 627.659, F.S.; conforming cross
   46         references; providing an effective date.
   48  Be It Enacted by the Legislature of the State of Florida:
   50         Section 1. Present subsections (2) through (10) of section
   51  252.34, Florida Statutes, are renumbered as subsections (3)
   52  through (11), respectively, and a new subsection (2) is added to
   53  that section, to read:
   54         252.34 Definitions.—As used in this part, the term:
   55         (2) “Comfort animal” means an animal, other than a pet or a
   56  service animal, which provides emotional support to help improve
   57  the physical, social, emotional, and cognitive condition of an
   58  individual.
   59         Section 2. Paragraphs (a) and (i) of subsection (2) of
   60  section 252.35, Florida Statutes, are amended, present paragraph
   61  (y) of that subsection is redesignated as paragraph (z), and a
   62  new paragraph (y) is added to that subsection, to read:
   63         252.35 Emergency management powers; Division of Emergency
   64  Management.—
   65         (2) The division is responsible for carrying out the
   66  provisions of ss. 252.31-252.90. In performing its duties, the
   67  division shall:
   68         (a) Prepare a state comprehensive emergency management
   69  plan, which shall be integrated into and coordinated with the
   70  emergency management plans and programs of the Federal
   71  Government. The division must adopt the plan as a rule in
   72  accordance with chapter 120. The plan shall be implemented by a
   73  continuous, integrated comprehensive emergency management
   74  program. The plan must contain provisions to ensure that the
   75  state is prepared for emergencies and minor, major, and
   76  catastrophic disasters, and the division shall work closely with
   77  local governments and agencies and organizations with emergency
   78  management responsibilities in preparing and maintaining the
   79  plan. The state comprehensive emergency management plan shall be
   80  operations oriented and:
   81         1. Include an evacuation component that includes specific
   82  regional and interregional planning provisions and promotes
   83  intergovernmental coordination of evacuation activities. This
   84  component must, at a minimum: contain guidelines for lifting
   85  tolls on state highways; ensure coordination pertaining to
   86  evacuees crossing county lines; set forth procedures for
   87  directing people caught on evacuation routes to safe shelter;
   88  establish strategies for ensuring sufficient, reasonably priced
   89  fueling locations along evacuation routes; and establish
   90  policies and strategies for emergency medical evacuations.
   91         2. Include a shelter component that includes specific
   92  regional and interregional planning provisions and promotes
   93  coordination of shelter activities between the public, private,
   94  and nonprofit sectors. This component must, at a minimum:
   95  contain strategies to ensure the availability of adequate public
   96  shelter space in each region of the state; establish strategies
   97  for refuge-of-last-resort programs; provide strategies to assist
   98  local emergency management efforts to ensure that adequate
   99  staffing plans exist for all shelters, including medical and
  100  security personnel; provide for a postdisaster communications
  101  system for public shelters; establish model shelter guidelines
  102  for operations, registration, inventory, power generation
  103  capability, information management, and staffing; and set forth
  104  policy guidance for sheltering people with special needs, people
  105  with mental illness, and homeless individuals.
  106         3. Include a postdisaster response and recovery component
  107  that includes specific regional and interregional planning
  108  provisions and promotes intergovernmental coordination of
  109  postdisaster response and recovery activities. This component
  110  must provide for postdisaster response and recovery strategies
  111  according to whether a disaster is minor, major, or
  112  catastrophic. The postdisaster response and recovery component
  113  must, at a minimum: establish the structure of the state’s
  114  postdisaster response and recovery organization; establish
  115  procedures for activating the state’s plan; set forth policies
  116  used to guide postdisaster response and recovery activities;
  117  describe the chain of command during the postdisaster response
  118  and recovery period; describe initial and continuous
  119  postdisaster response and recovery actions; identify the roles
  120  and responsibilities of each involved agency and organization;
  121  provide for a comprehensive communications plan; establish
  122  procedures for monitoring mutual aid agreements; provide for
  123  rapid impact assessment teams; ensure the availability of an
  124  effective statewide urban search and rescue program coordinated
  125  with the fire services; ensure the existence of a comprehensive
  126  statewide medical care and relief plan administered by the
  127  Department of Health; ensure the existence of a comprehensive
  128  statewide plan for the safe transfer of persons with special
  129  needs, persons with mental illness, and homeless individuals;
  130  and establish systems for coordinating volunteers and accepting
  131  and distributing donated funds and goods.
  132         4. Include additional provisions addressing aspects of
  133  preparedness, response, recovery, and mitigation as determined
  134  necessary by the division.
  135         5. Address the need for coordinated and expeditious
  136  deployment of state resources, including the Florida National
  137  Guard. In the case of an imminent major disaster, procedures
  138  should address predeployment of the Florida National Guard, and,
  139  in the case of an imminent catastrophic disaster, procedures
  140  should address predeployment of the Florida National Guard and
  141  the United States Armed Forces.
  142         6. Establish a system of communications and warning to
  143  ensure that the state’s population and emergency management
  144  agencies are warned of developing emergency situations and can
  145  communicate emergency response decisions.
  146         7. Establish guidelines and schedules for annual exercises
  147  that evaluate the ability of the state and its political
  148  subdivisions to respond to minor, major, and catastrophic
  149  disasters and support local emergency management agencies. Such
  150  exercises shall be coordinated with local governments and, to
  151  the extent possible, the Federal Government.
  152         8. Assign lead and support responsibilities to state
  153  agencies and personnel for emergency support functions and other
  154  support activities.
  156  The complete state comprehensive emergency management plan shall
  157  be submitted to the President of the Senate, the Speaker of the
  158  House of Representatives, and the Governor on February 1 of
  159  every even-numbered year.
  160         (i) Institute statewide public awareness programs. This
  161  shall include an intensive public educational campaign on
  162  emergency preparedness issues, including, but not limited to,
  163  the personal responsibility of individual citizens to be self
  164  sufficient for up to 72 hours following a natural or manmade
  165  disaster. The public educational campaign shall include relevant
  166  information on statewide disaster plans, evacuation routes, fuel
  167  suppliers, and shelters. Information on shelters must address
  168  the different types of shelters available, such as special needs
  169  shelters and shelters that accept individuals with service
  170  animals, comfort animals, or pets. All educational materials
  171  must be available in alternative formats and mediums to ensure
  172  that they are available to persons with disabilities.
  173         (y) Provide guidance regarding procedures and required
  174  documentation to any entity entitled to receive reimbursements
  175  for disaster-related expenditures from the Federal Emergency
  176  Management Agency in order to ensure that such entities receive
  177  the maximum allowable reimbursements.
  178         Section 3. Subsection (3) of section 252.355, Florida
  179  Statutes, is amended to read:
  180         252.355 Registry of persons with special needs; notice;
  181  registration program.—
  182         (3) An individual A person with special needs must be
  183  allowed to bring his or her service animal into a special needs
  184  shelter in accordance with s. 413.08 or to bring his or her
  185  comfort animal.
  186         Section 4. Section 252.3551, Florida Statutes, is created
  187  to read:
  188         252.3551 Registry for homeless shelters and service
  189  providers.—The division, in coordination with each local
  190  emergency management agency in the state, shall establish and
  191  maintain a registry with each homeless shelter and homeless
  192  service provider in the state. The purpose of the registry is to
  193  help determine the number of homeless individuals that may need
  194  assistance or shelter during an evacuation.
  195         Section 5. Section 252.3568, Florida Statutes, is amended
  196  to read:
  197         252.3568 Emergency sheltering of persons with pets.—
  198         (1) In accordance with s. 252.35, the division shall
  199  address strategies for the evacuation of persons with pets in
  200  the shelter component of the state comprehensive emergency
  201  management plan and shall include the requirement for similar
  202  strategies in its standards and requirements for local
  203  comprehensive emergency management plans. The strategies must
  204  include procedures for the sheltering of persons who have
  205  service animals or comfort animals. The Department of
  206  Agriculture and Consumer Services shall assist the division in
  207  determining strategies regarding this activity.
  208         (2) The division shall inform the public regarding policies
  209  governing the acceptance of pets, service animals, and comfort
  210  animals at shelters by developing informational materials that
  211  may be distributed at veterinary offices, public or private
  212  animal shelters, humane organizations, and any other appropriate
  213  locations.
  214         Section 6. Paragraph (d) of subsection (1) of section
  215  252.38, Florida Statutes, is amended to read:
  216         252.38 Emergency management powers of political
  217  subdivisions.—Safeguarding the life and property of its citizens
  218  is an innate responsibility of the governing body of each
  219  political subdivision of the state.
  220         (1) COUNTIES.—
  221         (d) During a declared state or local emergency and upon the
  222  request of the director of a local emergency management agency,
  223  the district school board or school boards, Florida College
  224  System institutions, and state universities in the affected area
  225  shall participate in emergency management by providing
  226  facilities and necessary personnel to staff such facilities.
  227  Each school board, Florida College System institution, and state
  228  university providing transportation assistance in an emergency
  229  evacuation shall coordinate the use of its vehicles and
  230  personnel with the local emergency management agency.
  231         Section 7. Paragraph (a) of subsection (2) and paragraph
  232  (a) of subsection (4) of section 252.385, Florida Statutes, are
  233  amended to read:
  234         252.385 Public shelter space.—
  235         (2)(a) The division shall administer a program to survey
  236  existing schools, state universities, Florida College System
  237  institutions community colleges, and other state-owned,
  238  municipally owned, and county-owned public buildings and any
  239  private facility that the owner, in writing, agrees to provide
  240  for use as a public hurricane evacuation shelter to identify
  241  those that are appropriately designed and located to serve as
  242  such shelters. The owners of the facilities must be given the
  243  opportunity to participate in the surveys. The state university
  244  boards of trustees, district school boards, Florida College
  245  System institution community college boards of trustees, and the
  246  Department of Education are responsible for coordinating and
  247  implementing the survey of public schools, state universities,
  248  and Florida College System institutions community colleges with
  249  the division or the local emergency management agency.
  250         (4)(a) Public facilities, including schools, postsecondary
  251  education facilities, and other facilities owned or leased by
  252  the state or local governments, but excluding hospitals, hospice
  253  care facilities, assisted living facilities, and nursing homes,
  254  which are suitable for use as public hurricane evacuation
  255  shelters shall be made available at the request of the local
  256  emergency management agencies. The local emergency management
  257  agency shall coordinate with these entities to ensure that
  258  designated facilities are ready to activate prior to a specific
  259  hurricane or disaster. Such agencies shall coordinate with the
  260  appropriate school board, state university, Florida College
  261  System institution community college, state agency, or local
  262  governing board when requesting the use of such facilities as
  263  public hurricane evacuation shelters.
  264         Section 8. Subsection (1) of section 1008.34, Florida
  265  Statutes, is reenacted and amended, and subsection (3) of that
  266  section is amended, to read:
  267         1008.34 School grading system; school report cards;
  268  district grade.—
  269         (1) DEFINITIONS.—For purposes of the statewide,
  270  standardized assessment program and school grading system, the
  271  following terms are defined:
  272         (a) “Achievement level,” “student achievement,” or
  273  “achievement” describes the level of content mastery a student
  274  has acquired in a particular subject as measured by a statewide,
  275  standardized assessment administered pursuant to s.
  276  1008.22(3)(a) and (b). There are five achievement levels. Level
  277  1 is the lowest achievement level, level 5 is the highest
  278  achievement level, and level 3 indicates satisfactory
  279  performance. A student passes an assessment if the student
  280  achieves a level 3, level 4, or level 5. For purposes of the
  281  Florida Alternate Assessment administered pursuant to s.
  282  1008.22(3)(c), the state board shall provide, in rule, the
  283  number of achievement levels and identify the achievement levels
  284  that are considered passing.
  285         (b) “Eligible student” means a student who is present for
  286  both Survey Period 2 and Survey Period 3 of the full-time
  287  equivalent student membership surveys, not including a student
  288  who is a recent arrival to the school district from the
  289  Commonwealth of Puerto Rico, the United States Virgin Islands,
  290  or any other territory of the United States where an emergency
  291  has been declared due to a natural disaster.
  292         (c) “Learning Gains,” “annual learning gains,” or “student
  293  learning gains” means the degree of student learning growth
  294  occurring from one school year to the next as required by state
  295  board rule for purposes of calculating school grades under this
  296  section.
  297         (d)(c) “Student performance,” “student academic
  298  performance,” or “academic performance” includes, but is not
  299  limited to, student learning growth, achievement levels, and
  300  Learning Gains on statewide, standardized assessments
  301  administered pursuant to s. 1008.22.
  303         (b)1. Beginning with the 2014-2015 school year, a school’s
  304  grade shall be based on the following components, each worth 100
  305  points:
  306         a. The percentage of eligible students passing statewide,
  307  standardized assessments in English Language Arts under s.
  308  1008.22(3).
  309         b. The percentage of eligible students passing statewide,
  310  standardized assessments in mathematics under s. 1008.22(3).
  311         c. The percentage of eligible students passing statewide,
  312  standardized assessments in science under s. 1008.22(3).
  313         d. The percentage of eligible students passing statewide,
  314  standardized assessments in social studies under s. 1008.22(3).
  315         e. The percentage of eligible students who make Learning
  316  Gains in English Language Arts as measured by statewide,
  317  standardized assessments administered under s. 1008.22(3).
  318         f. The percentage of eligible students who make Learning
  319  Gains in mathematics as measured by statewide, standardized
  320  assessments administered under s. 1008.22(3).
  321         g. The percentage of eligible students in the lowest 25
  322  percent in English Language Arts, as identified by prior year
  323  performance on statewide, standardized assessments, who make
  324  Learning Gains as measured by statewide, standardized English
  325  Language Arts assessments administered under s. 1008.22(3).
  326         h. The percentage of eligible students in the lowest 25
  327  percent in mathematics, as identified by prior year performance
  328  on statewide, standardized assessments, who make Learning Gains
  329  as measured by statewide, standardized Mathematics assessments
  330  administered under s. 1008.22(3).
  331         i. For schools comprised of middle grades 6 through 8 or
  332  grades 7 and 8, the percentage of eligible students passing high
  333  school level statewide, standardized end-of-course assessments
  334  or attaining national industry certifications identified in the
  335  CAPE Industry Certification Funding List pursuant to rules
  336  adopted by the State Board of Education.
  338  In calculating Learning Gains for the components listed in sub
  339  subparagraphs e.-h., the State Board of Education shall require
  340  that learning growth toward achievement levels 3, 4, and 5 is
  341  demonstrated by students who scored below each of those levels
  342  in the prior year. In calculating the components in sub
  343  subparagraphs a.-d., the state board shall include the
  344  performance of English language learners only if they have been
  345  enrolled in a school in the United States for more than 2 years,
  346  but may not include students who are recent arrivals to the
  347  school district from the Commonwealth of Puerto Rico, the United
  348  States Virgin Islands, or any other territory of the United
  349  States where an emergency has been declared due to a natural
  350  disaster.
  351         2. For a school comprised of grades 9, 10, 11, and 12, or
  352  grades 10, 11, and 12, the school’s grade shall also be based on
  353  the following components, each worth 100 points:
  354         a. The 4-year high school graduation rate of the school as
  355  defined by state board rule.
  356         b. The percentage of students who were eligible to earn
  357  college and career credit through College Board Advanced
  358  Placement examinations, International Baccalaureate
  359  examinations, dual enrollment courses, or Advanced International
  360  Certificate of Education examinations; or who, at any time
  361  during high school, earned national industry certification
  362  identified in the CAPE Industry Certification Funding List,
  363  pursuant to rules adopted by the state board.
  364         Section 9. Paragraph (c) of subsection (3) of section
  365  1011.60, Florida Statutes, is amended to read:
  366         1011.60 Minimum requirements of the Florida Education
  367  Finance Program.—Each district which participates in the state
  368  appropriations for the Florida Education Finance Program shall
  369  provide evidence of its effort to maintain an adequate school
  370  program throughout the district and shall meet at least the
  371  following requirements:
  372         (3) EMPLOYMENT POLICIES.—Adopt rules relating to the
  373  appointment, promotion, transfer, suspension, and dismissal of
  374  personnel.
  375         (c) A No salary payment may not shall be paid to any
  376  employee in advance of service being rendered; however in the
  377  event that a district, or a school within that district, closes
  378  or is ordered to close due to a natural disaster or other
  379  emergency, an employee may be paid for such days so long as such
  380  time is made up at a later date in the school year.
  381         Section 10. Subsection (10) of section 163.360, Florida
  382  Statutes, is amended to read:
  383         163.360 Community redevelopment plans.—
  384         (10) Notwithstanding any other provisions of this part,
  385  when the governing body certifies that an area is in need of
  386  redevelopment or rehabilitation as a result of an emergency
  387  under s. 252.34(5) s. 252.34(4), with respect to which the
  388  Governor has certified the need for emergency assistance under
  389  federal law, that area may be certified as a “blighted area,”
  390  and the governing body may approve a community redevelopment
  391  plan and community redevelopment with respect to such area
  392  without regard to the provisions of this section requiring a
  393  general plan for the county or municipality and a public hearing
  394  on the community redevelopment.
  395         Section 11. Subsection (1) of section 474.2125, Florida
  396  Statutes, is amended to read:
  397         474.2125 Temporary license.—
  398         (1) The board shall adopt rules providing for the issuance
  399  of a temporary license to a licensed veterinarian of another
  400  state for the purpose of enabling her or him to provide
  401  veterinary medical services in this state for the animals of a
  402  specific owner or, as may be needed in an emergency as defined
  403  in s. 252.34(5) s. 252.34(4), for the animals of multiple
  404  owners, provided the applicant would qualify for licensure by
  405  endorsement under s. 474.217. No temporary license shall be
  406  valid for more than 30 days after its issuance, and no license
  407  shall cover more than the treatment of the animals of one owner
  408  except in an emergency as defined in s. 252.34(5) s. 252.34(4).
  409  After the expiration of 30 days, a new license is required.
  410         Section 12. Subsection (4) of section 627.659, Florida
  411  Statutes, is amended to read:
  412         627.659 Blanket health insurance; eligible groups.—Blanket
  413  health insurance is that form of health insurance which covers
  414  special groups of individuals as enumerated in one of the
  415  following subsections:
  416         (4) Under a policy or contract issued in the name of a
  417  volunteer fire department, first aid group, local emergency
  418  management agency as defined in s. 252.34(7) s. 252.34(6), or
  419  other group of first responders as defined in s. 112.1815, which
  420  is deemed the policyholder, covering all or any grouping of the
  421  members or employees of the policyholder or covering all or any
  422  participants in an activity or operation sponsored or supervised
  423  by the policyholder.
  424         Section 13. This act shall take effect July 1, 2018.