Florida Senate - 2019                                    SB 1364
       By Senator Gruters
       23-01190A-19                                          20191364__
    1                        A bill to be entitled                      
    2         An act relating to comprehensive emergency management
    3         planning for assisted living facilities; amending s.
    4         429.41, F.S.; removing provisions related to standards
    5         for the preparation and annual update of comprehensive
    6         emergency management plans for assisted living
    7         facilities for the purpose of revising and relocating
    8         the provisions; creating s. 429.43, F.S.; providing
    9         legislative intent; preempting the regulation of
   10         comprehensive emergency management planning for
   11         assisted living facilities to the state; requiring a
   12         facility to submit a comprehensive emergency
   13         management plan to the county emergency management
   14         agency before the facility may be issued a license;
   15         requiring a new licensee to submit an emergency
   16         management plan within a specified timeframe when
   17         ownership of a licensed facility is transferred;
   18         requiring the county emergency management agency to
   19         annually review the facility plan; requiring the
   20         review to be completed within a specified timeframe;
   21         requiring the county emergency management agency to
   22         approve the plan or advise the facility of required
   23         corrections; requiring documentation of any such
   24         corrections to be submitted within a specified
   25         timeframe; specifying that a county emergency
   26         management agency is the final administrative
   27         authority for comprehensive emergency management plans
   28         prepared by assisted living facilities; requiring a
   29         plan to include specified information and provisions,
   30         including the acquisition by a specified date of an
   31         alternate power source and a fuel supply sufficient to
   32         operate the alternate power source; providing for
   33         evacuation and offsite sheltering or use of an
   34         alternate power source in a declared state of
   35         emergency before such date; requiring the facility to
   36         submit proof of approval of the plan and a certain
   37         consumer-friendly summary to the Agency for Health
   38         Care Administration within a specified timeframe;
   39         requiring the plan to be available for review upon
   40         request by the agency, the Division of Emergency
   41         Management, and facility residents and their
   42         representatives; requiring the facility to cooperate
   43         with the agency, the division, and the county
   44         emergency management agency to relocate residents
   45         displaced by the emergency event under certain
   46         circumstances; authorizing the agency, in consultation
   47         with the division, to adopt rules to implement
   48         provisions relating to comprehensive emergency
   49         management planning; providing an effective date.
   51  Be It Enacted by the Legislature of the State of Florida:
   53         Section 1. Paragraph (b) of subsection (1) of section
   54  429.41, Florida Statutes, is amended to read:
   55         429.41 Rules establishing standards.—
   56         (1) It is the intent of the Legislature that rules
   57  published and enforced pursuant to this section shall include
   58  criteria by which a reasonable and consistent quality of
   59  resident care and quality of life may be ensured and the results
   60  of such resident care may be demonstrated. Such rules shall also
   61  ensure a safe and sanitary environment that is residential and
   62  noninstitutional in design or nature. It is further intended
   63  that reasonable efforts be made to accommodate the needs and
   64  preferences of residents to enhance the quality of life in a
   65  facility. Uniform firesafety standards for assisted living
   66  facilities shall be established by the State Fire Marshal
   67  pursuant to s. 633.206. The agency, in consultation with the
   68  department, may adopt rules to administer the requirements of
   69  part II of chapter 408. In order to provide safe and sanitary
   70  facilities and the highest quality of resident care
   71  accommodating the needs and preferences of residents, the
   72  department, in consultation with the agency, the Department of
   73  Children and Families, and the Department of Health, shall adopt
   74  rules, policies, and procedures to administer this part, which
   75  must include reasonable and fair minimum standards in relation
   76  to:
   77         (b) The preparation and annual update of a comprehensive
   78  emergency management plan. Such standards must be included in
   79  the rules adopted by the department after consultation with the
   80  Division of Emergency Management. At a minimum, the rules must
   81  provide for plan components that address emergency evacuation
   82  transportation; adequate sheltering arrangements; postdisaster
   83  activities, including provision of emergency power, food, and
   84  water; postdisaster transportation; supplies; staffing;
   85  emergency equipment; individual identification of residents and
   86  transfer of records; communication with families; and responses
   87  to family inquiries. The comprehensive emergency management plan
   88  is subject to review and approval by the local emergency
   89  management agency. During its review, the local emergency
   90  management agency shall ensure that the following agencies, at a
   91  minimum, are given the opportunity to review the plan: the
   92  Department of Elderly Affairs, the Department of Health, the
   93  Agency for Health Care Administration, and the Division of
   94  Emergency Management. Also, appropriate volunteer organizations
   95  must be given the opportunity to review the plan. The local
   96  emergency management agency shall complete its review within 60
   97  days and either approve the plan or advise the facility of
   98  necessary revisions.
   99         Section 2. Section 429.43, Florida Statutes, is created to
  100  read:
  101         429.43 Comprehensive emergency management planning.—
  102         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
  103  that assisted living facilities plan and prepare for, respond
  104  to, and recover from natural or manmade disasters and other
  105  hazards in a manner that allows for the reasonable protection of
  106  the health, safety, and welfare of residents.
  107         (2) PREEMPTION.—The regulation of comprehensive emergency
  108  management planning for assisted living facilities resides with
  109  the state and preempts any local ordinance or code on the
  110  subject.
  112         (a) Before a facility may be issued a license under this
  113  part, it must submit a comprehensive emergency management plan
  114  to the county emergency management agency. The plan need not be
  115  approved by the county emergency management agency before
  116  licensure is granted. If ownership of a licensed facility is
  117  transferred, the new licensee must submit a comprehensive
  118  emergency management plan to the county emergency management
  119  agency within 30 days after obtaining the license.
  120         (b) A facility’s comprehensive emergency management plan is
  121  subject to annual review and approval by the county emergency
  122  management agency. The county emergency management agency shall
  123  complete its review within 60 business days after the submission
  124  of a plan and either approve the plan or notify the facility of
  125  any required corrections. If corrections are required, the
  126  facility must respond and submit documentation of the required
  127  corrections within 30 business days after receiving notification
  128  of the corrections from the emergency management agency.
  129         (c) The county emergency management agency is the final
  130  administrative authority for comprehensive emergency management
  131  plans prepared by assisted living facilities. The review and
  132  approval of comprehensive emergency management plans is a
  133  ministerial act, and a plan approved by the county emergency
  134  management agency is considered to have met the requirements of
  135  subsection (4).
  136         (4) PLAN COMPONENTS.—A comprehensive emergency management
  137  plan must:
  138         (a) Include the following information:
  139         1. Facility information, including name, address, telephone
  140  number, licensee, license number, licensed bed capacity, and the
  141  year the facility was constructed.
  142         2.The name and contact information of the administrator
  143  and any other individual responsible for the submission of the
  144  plan.
  145         3. An analysis of natural and manmade hazards that have the
  146  potential to affect the facility and its residents, which must
  147  include all of the following:
  148         a. A resident census.
  149         b. Any required care for residents who have a diagnosed
  150  cognitive impairment or who require special equipment or have
  151  special care needs.
  152         c. Identification of the facility as being within a
  153  hurricane evacuation zone or a flood zone.
  154         d. Identification of the facility’s proximity to fixed
  155  hazardous material facilities or nuclear power plants.
  156         4.The name and contact information of the individual in
  157  control of decisionmaking for the facility during an emergency
  158  and his or her procedure to activate the emergency plan and
  159  ensure adequate staffing during the emergency.
  160         (b)Provide for:
  161         1. A 72-hour supply of food, water, and essential supplies.
  162         2. The acquisition of an alternate power source to be
  163  maintained at the facility which can produce electricity and a
  164  fuel supply sufficient to operate the alternate power source.
  165  For facilities licensed before June 1, 2020, the alternate power
  166  source must be acquired and maintained at the facility by June
  167  1, 2020.
  168         a.From June 1 through November 30, a facility with a
  169  licensed capacity of 17 or more beds shall maintain onsite a
  170  fuel supply sufficient to operate the alternate power source for
  171  at least 72 hours, and a facility with a licensed capacity of 16
  172  beds or fewer shall maintain onsite a fuel supply sufficient to
  173  operate the alternate power source for at least 48 hours.
  174         b.From December 1 through May 31, a fuel supply sufficient
  175  to operate the alternate power source for at least 24 hours must
  176  be available onsite, regardless of the licensed bed capacity.
  177         c.A facility may use piped natural gas to satisfy the fuel
  178  supply requirements in this subparagraph.
  179         d. If a state of emergency is declared before June 1, 2020,
  180  for an event that may affect primary electrical power delivery
  181  for the facility, the facility may implement evacuation and
  182  offsite sheltering procedures or obtain an alternate power
  183  source and a fuel supply onsite in sufficient quantity to
  184  operate the power source for 72 hours. The alternate power
  185  source and fuel must be obtained within 48 hours after the
  186  issuance of the state of emergency. This sub-subparagraph shall
  187  expire on June 1, 2020.
  188         3. In the event of the facility’s loss of primary
  189  electrical power during a declared state of emergency, a plan to
  190  maintain indoor air temperatures in specific areas of the
  191  facility in accordance with the temperature ranges listed in s.
  192  464 of the Florida Building Code. The plan must describe the
  193  systems and equipment that will be used to maintain the air
  194  temperature. The specific areas of the facility requiring such
  195  temperature control may include common areas that allow
  196  residents to congregate throughout the day. Residents are not
  197  required to be relocated to controlled temperature areas. The
  198  temperature requirements of this subparagraph may not be
  199  construed to prohibit a facility from acting as a receiving
  200  facility for evacuees in a declared state of emergency.
  201         4. A plan to provide emergency lighting, power for life
  202  sustaining medical equipment specific to resident need,
  203  appropriate temperatures for medication requiring refrigeration,
  204  and the production of ice.
  205         5. Installation and maintenance of carbon monoxide alarms.
  206         6. A plan for a facility that elects to share alternative
  207  power resources, fuel, and resident space if the facility is
  208  located on a single campus with other facilities under common
  209  ownership and the resources are sufficient to support the
  210  requirements of each facility’s residents. The plan must include
  211  details on the sharing of resources and a clear description of
  212  how residents will be relocated on the campus if relocation is
  213  necessary.
  214         7.In the event of a declared state of emergency,
  215  procedures for communicating with the county emergency
  216  management agency; procedures for how the safety liaison,
  217  decisionmakers, and staff will receive notice of impending
  218  threats and warnings; procedures for staff to report to work;
  219  and a plan for a primary and alternate system for alerting
  220  residents, resident representatives, and families of the
  221  potential emergency and furnishing information about sheltering
  222  or evacuation.
  223         8.Identification of mutual aid agreements and a
  224  description of the role of the facility as either the host
  225  facility receiving evacuees or the evacuating facility seeking
  226  shelter in another facility.
  227         9.An evacuation and offsite sheltering plan that includes
  228  identifying transportation arrangements; identifying primary and
  229  secondary evacuation routes; time estimates for complete
  230  evacuation; logistical support concerning resident records,
  231  medications, food, water, and other necessities for a minimum
  232  72-hour stay; accompanying staff; communication procedures
  233  during the evacuation and offsite sheltering period; and
  234  identification and tracking of evacuated residents and pets.
  235         10. Procedures for reoccupation of the facility, including
  236  communication with the county emergency management agency for
  237  clearance to reoccupy; determination of the ability to resume
  238  operations; transportation arrangements; and identification and
  239  tracking of residents and pets.
  240         11. Procedures for acting as a receiving shelter for
  241  evacuees, including receiving procedures for arriving evacuees
  242  and determination of whether life safety needs can be met;
  243  identification and tracking of evacuees; sleeping arrangements;
  244  logistical support concerning evacuee records, medications,
  245  food, water, and other necessities for a minimum 72-hour stay;
  246  staffing; and procedures for complying with s. 408.821(2).
  247         12. Annual training for staff on roles before, during, and
  248  after an emergency event, including:
  249         a. A training schedule.
  250         b. A plan for training new staff.
  251         c.Training on operating and maintaining the alternate
  252  power source and fuel supply.
  253         d. Training on monitoring for signs of dehydration and
  254  heat-related injury.
  255         e. Training on obtaining medical intervention from
  256  emergency services for residents whose life safety is in
  257  jeopardy.
  258         (5) CONSUMER-FRIENDLY SUMMARY.—Within 10 business days
  259  after the approval of the comprehensive emergency management
  260  plan, the facility must submit proof to the agency of the
  261  approval and a consumer-friendly summary of the controlled
  262  temperature requirement portion of the plan. The consumer
  263  friendly summary must identify the alternate power source, the
  264  equipment to be used to maintain the air temperature range,
  265  identification of the area where the air temperature will be
  266  controlled, and other equipment to be powered by the alternate
  267  power source.
  268         (6)REVIEW OF RECORDS.—The approved comprehensive emergency
  269  management plan must be maintained in facility records and made
  270  readily available for review upon request by the agency, the
  271  Division of Emergency Management, and residents and resident
  272  representatives.
  273         (7)RELOCATION OF RESIDENTS.—If a facility cannot be
  274  occupied or reoccupied safely after an emergency event, the
  275  facility must cooperate with the agency, the Division of
  276  Emergency Management, and the county emergency management agency
  277  in relocating displaced residents.
  278         (8)RULEMAKING.—The agency, in consultation with the
  279  Division of Emergency Management, may adopt rules to implement
  280  the requirements of this section.
  281         Section 3. This act shall take effect upon becoming a law.