Florida Senate - 2020 SB 502 By Senator Montford 3-00494A-20 2020502__ 1 A bill to be entitled 2 An act relating to emergency mitigation and response; 3 establishing the Hurricane Michael Recovery Task Force 4 adjunct to the Division of Emergency Management to 5 make recommendations to the Legislature regarding 6 additional assistance needed in the response to 7 recovery from and mitigation of the effects of 8 Hurricane Michael in certain areas; requiring the task 9 force to review the local, state, and federal 10 activities conducted and the resources provided in 11 such areas, the effectiveness of such efforts, and any 12 additional assistance necessary; providing for the 13 membership of the task force; providing requirements 14 for and restrictions on membership; providing for 15 certain reimbursement; requiring the task force to 16 report its findings and to make specified 17 recommendations to the Legislature and the Governor by 18 a specified date; providing for dissolution of the 19 task force by a specified date; providing an 20 appropriation to the Division of Emergency Management 21 from the General Revenue Fund to prepare an after 22 action report on the shelter operations that took 23 place during Hurricane Michael, subject to certain 24 requirements; requiring that the report be submitted 25 to the Legislature and the Governor by a specified 26 date; providing an appropriation to the Office of 27 Program Policy Analysis and Government Accountability 28 from the General Revenue Fund to contract with a third 29 party for the evaluation of the reimbursement process 30 of the Division of Emergency Management with respect 31 to requests for reimbursement under federal disaster 32 programs, subject to certain requirements; requiring 33 that the report be submitted to the Legislature by a 34 specified date; providing an appropriation to the 35 Division of Emergency Management from the General 36 Revenue Fund to competitively procure a consultant to 37 make recommendations for the update of the statewide 38 and regional hurricane evacuation studies, subject to 39 certain requirements; requiring that the report be 40 submitted to the Legislature and Governor by a 41 specified date; creating s. 420.57, F.S.; subject to 42 the appropriation of funds, creating the Hurricane 43 Housing Recovery Program to provide funds to local 44 governments for certain affordable housing recovery 45 efforts; requiring that the Florida Housing Finance 46 Corporation administer the program and allocate 47 resources to local governments that meet certain 48 criteria; specifying requirements for receiving and 49 using funds; requiring participating local governments 50 to submit a certain annual report to the corporation; 51 requiring the corporation to compile the reports and 52 submit them to the Legislature and the Governor; 53 subject to the appropriation of funds, creating the 54 Rental Recovery Loan Program to provide funds to build 55 additional rental housing due to specified impacts; 56 requiring the corporation to administer the program; 57 providing intent for the program; requiring 58 participating local governments to submit a certain 59 annual report to the corporation; requiring the 60 corporation to compile the reports and submit them to 61 the Legislature and the Governor; authorizing the 62 corporation to adopt rules; creating the Public 63 Facilities Hurricane Restoration Cash Flow Loan 64 Program for the purpose of assisting counties, 65 municipalities, and district school boards in making 66 timely payments in restoring certain facilities; 67 providing eligibility requirements for receiving a 68 cash flow loan; requiring that the Department of 69 Economic Opportunity provide certain information and 70 instructions, administer the loans, distribute loan 71 funds, and deposit repaid funds into the Budget 72 Stabilization Fund, subject to certain requirements; 73 requiring the Division of Emergency Management to 74 notify the Department of Economic Opportunity when 75 certain federal payments have been distributed; 76 providing an effective date. 77 78 Be It Enacted by the Legislature of the State of Florida: 79 80 Section 1. The Hurricane Michael Recovery Task Force, a 81 task force as defined in s. 20.03, Florida Statutes, is 82 established adjunct to the Division of Emergency Management to 83 make recommendations to the Legislature regarding additional 84 assistance needed in the response to the recovery from, and the 85 mitigation of the effects of, Hurricane Michael in the areas 86 designated in the federal disaster declaration DR-4399. The task 87 force shall review the local, state, and federal activities 88 conducted and the resources provided in such areas, the 89 effectiveness of such efforts, and any additional assistance 90 necessary. 91 (1) The task force must consist of the following seven 92 members: 93 (a) One member representing the business community, who 94 shall serve as chair, appointed by the Governor. 95 (b) One member representing agricultural interests, 96 appointed by the commissioner of the Department of Agriculture 97 and Consumer Services. 98 (c) One member representing the fishing industry, appointed 99 by the Fish and Wildlife Conservation Commission. 100 (d) One member representing emergency response, appointed 101 by the director of the Division of Emergency Management. 102 (e) One member representing housing interests, appointed by 103 the executive director of the Department of Economic 104 Opportunity. 105 (f) One public school superintendent representing education 106 interests, appointed by the Commissioner of Education. 107 (g) One county commissioner representing local government 108 interests, appointed by the Governor. 109 (2) Members shall serve at the pleasure of their appointing 110 official. Any vacancy must be filled in the same manner as the 111 original appointment. A member of the Legislature or a 112 registered lobbyist may not be appointed to the task force. 113 Members shall serve without compensation, but are entitled to 114 reimbursement of travel and per diem expenses pursuant to s. 115 112.061, Florida Statutes, in the performance of their duties 116 and responsibilities under this section. 117 (3) The task force shall report its findings and make 118 specific recommendations for further response, recovery, and 119 mitigation to the President of the Senate, the Speaker of the 120 House of Representatives, and the Governor by December 15, 2020. 121 The task force is dissolved not later than May 15, 2021. 122 Section 2. For the 2020-2021 fiscal year, the sum of 123 $85,000 in nonrecurring funds from the General Revenue Fund is 124 appropriated to the Division of Emergency Management to prepare 125 an after-action report on the shelter operations that took place 126 during Hurricane Michael. The division shall examine the latest 127 available statewide emergency shelter plan prepared pursuant to 128 ss. 252.385 and 1013.372, Florida Statutes, to determine, based 129 on the number of people who evacuated during Hurricane Michael, 130 whether there is sufficient capacity of general population 131 hurricane evacuation shelter space and of special needs 132 hurricane evacuation shelter space in the applicable regional 133 planning council regions. The report must include basic 134 information for each shelter activated during Hurricane Michael, 135 including the shelter type (general population, special needs, 136 or pet friendly), name, address, and maximum occupant capacity. 137 Additionally, the report must provide functional data for each 138 shelter, including the number of persons served at each shelter 139 throughout the event, the timeline for opening and closing each 140 shelter, and whether each shelter had sufficient staff, 141 security, transportation, equipment, lavatories, sanitation, 142 feeding capabilities, capacity, and standby or emergency power. 143 The report also must identify any unmet needs at each shelter 144 and must indicate whether each shelter met or exceeded the 145 American Red Cross Standards for Hurricane Evacuation Shelter 146 Selection (ARC 4496). Finally, the report must identify any 147 shelter not activated for Hurricane Michael and the basis for 148 the determination not to activate it, such as the inability of 149 the shelter to withstand a certain level hurricane impact. The 150 report must be completed and presented to the President of the 151 Senate, the Speaker of the House of Representatives, and the 152 Governor by December 15, 2020. 153 Section 3. For the 2020-2021 fiscal year, the sum of 154 $500,000 in nonrecurring funds from the General Revenue Fund is 155 appropriated to the Office of Program Policy Analysis and 156 Government Accountability to contract with a third party for the 157 evaluation of the reimbursement process of the Division of 158 Emergency Management with respect to requests for reimbursement 159 under federal disaster programs. At a minimum, the study must 160 make recommendations for process improvements or changes that 161 increase transparency for entities seeking reimbursement, create 162 efficiency in processing claims for reimbursement, and reduce 163 the time between the impact of a storm and the ultimate 164 reimbursement from the federal government. The report must be 165 completed and submitted to the President of the Senate and 166 Speaker of the House of Representatives by January 30, 2021. 167 Section 4. For the 2020-2021 fiscal year, the sum of 168 $500,000 in nonrecurring funds from the General Revenue Fund is 169 appropriated to the Division of Emergency Management to 170 competitively procure a consultant to make recommendations for 171 the update of the statewide and regional hurricane evacuation 172 studies. The consultant must recommend consistent manners and 173 methodologies to be used in the evacuation studies, including 174 the modeling of storm surge. The consultant must coordinate with 175 emergency management partners and the regional planning 176 councils. A report of the findings and recommendations must be 177 completed and submitted to the President of the Senate, the 178 Speaker of the House of Representatives, and the Governor by 179 December 15, 2020. 180 Section 5. Section 420.57, Florida Statutes, is created to 181 read: 182 420.57 Hurricane recovery programs.— 183 (1)(a) Subject to the appropriation of funds for that 184 purpose by the Legislature, the Hurricane Housing Recovery 185 Program is created to provide funds to local governments for 186 affordable housing recovery efforts, similar to the State 187 Housing Initiatives Partnership Program as set forth in ss. 188 420.907-420.9079. The Florida Housing Finance Corporation shall 189 administer the program. Notwithstanding ss. 420.9072 and 190 420.9073, the corporation shall allocate resources to local 191 governments according to a need-based formula that reflects 192 housing damage estimates and population effects resulting from 193 hurricanes. An eligible local government must submit a strategy 194 outlining proposed recovery actions, household income levels, 195 and the number of residential units to be served and an 196 associated funding request. Program funds must be used to serve 197 households with incomes of up to 120 percent of area median 198 income, except that at least 30 percent of program funds must be 199 reserved for households with incomes of up to 50 percent of area 200 median income and an additional 30 percent of program funds must 201 be reserved for households with incomes of up to 80 percent of 202 area median income. Program funds must be used as specified for 203 each of the following purposes: 204 1. At least 65 percent must be used for homeownership. 205 2. Up to 15 percent may be used for administrative expenses 206 to ensure the expeditious use of funds. 207 3. Up to one-quarter of 1 percent may be used by the 208 corporation for compliance monitoring. 209 (b) Each participating local government shall submit to the 210 corporation an annual report on its use of funds from the 211 Hurricane Housing Recovery Program. The corporation shall 212 compile the reports and submit them to the President of the 213 Senate, the Speaker of the House of Representatives, and the 214 Governor. 215 (2)(a) Subject to the appropriation of funds by the 216 Legislature for that purpose, the Rental Recovery Loan Program 217 is created to provide funds to build additional rental housing 218 due to impacts to the affordable housing stock and changes to 219 the population resulting from hurricanes. The corporation shall 220 administer the program. The program is intended to allow the 221 state to leverage additional federal rental financing similar to 222 the State Apartment Incentive Loan Program as described in s. 223 420.5087. 224 (b) Each participating local government shall submit to the 225 corporation an annual report on its use of funds from the Rental 226 Recovery Loan Program. The corporation shall compile the reports 227 and submit them to the President of the Senate, the Speaker of 228 the House of Representatives, and the Governor. 229 (3) The corporation may adopt rules to administer this 230 section. 231 Section 6. (1) There is established for the 2020-2021 232 fiscal year a Public Facilities Hurricane Restoration Cash Flow 233 Loan Program. Counties, municipalities, and district school 234 boards that need assistance with cash flow in order to make 235 timely payments to contractors and suppliers in restoring 236 county, municipal, or educational facilities damaged by a named 237 hurricane or tropical storm during the 2018 hurricane season may 238 apply to the Department of Economic Opportunity for a cash flow 239 loan. The amount of the loan may not exceed the amount the 240 county, municipality, or district school board needs to meet 241 timely payments to contractors and suppliers for the restoration 242 of damaged facilities. To be eligible for a cash flow loan, a 243 county, municipality, or district school board must meet all of 244 the following requirements: 245 (a) Have one or more county, municipal, or educational 246 facilities damaged or destroyed by a named hurricane or tropical 247 storm during the 2018 hurricane season. 248 (b) Have an agreement to pay contractors or suppliers for 249 the restoration of the damaged facilities, but have insufficient 250 cash flow to make timely payments. 251 (c) Agree to repay, from funds received from insurance 252 claims, Federal Emergency Management Agency payments, or other 253 fund sources, the full amount of the funds received from the 254 cash flow loan program. 255 (d) Agree that if repayment is not made in a timely manner, 256 the Department of Economic Opportunity must withhold future 257 distribution of public capital outlay funds, or other fixed 258 capital outlay funds, until repayment is received by the 259 department. 260 (2) The Department of Economic Opportunity shall provide 261 information and instructions for applying for a cash flow loan 262 and administer the loans in accordance with this act. The 263 department shall distribute loan funds based on the county or 264 municipal governing body’s or district superintendent’s 265 certification of the amount needed for payments that are due 266 within the following 30 days. All funds repaid must be deposited 267 unallocated into the Budget Stabilization Fund within 30 days 268 after receipt by the department. 269 (3) The Division of Emergency Management shall notify the 270 Department of Economic Opportunity when payments from the 271 Federal Emergency Management Agency for a named hurricane or 272 tropical storm during the 2018 hurricane season have been 273 distributed to a county, municipality, or district school board 274 that has received a public facilities hurricane restoration cash 275 flow loan. 276 Section 7. This act shall take effect upon becoming a law.