Florida Senate - 2025 SB 1566
By Senator Simon
3-00617A-25 20251566__
1 A bill to be entitled
2 An act relating to emergencies; amending s. 215.559,
3 F.S.; revising the units of government given certain
4 funding priority; amending s. 250.375, F.S.;
5 authorizing certain servicemembers to provide medical
6 care in specified circumstances; amending s. 252.32,
7 F.S.; authorizing the Division of Emergency Management
8 to create certain local organizations in county
9 constitutional offices; providing that county
10 constitutional offices have specified emergency
11 powers; amending s. 252.34, F.S.; revising the
12 definition of the term “political subdivision”;
13 amending s. 252.35, F.S.; providing that the division
14 has command and control of specified emergency
15 management efforts; revising requirements for a state
16 comprehensive emergency management plan; revising
17 duties of the division; authorizing the division to
18 create new debris management sites in certain
19 circumstances; creating s. 252.352, F.S.; requiring
20 certain political subdivisions to publish specified
21 information on publicly available websites; requiring
22 that such websites be available for a specified period
23 of time; requiring certain county governments to
24 provide to the county’s legislative delegation
25 specified office space and information and a direct
26 point of contact; amending s. 252.355, F.S.; providing
27 that the registry of persons with special needs and
28 special needs shelters includes persons with
29 functional limitations; requiring special needs
30 shelters to include individuals with functional
31 limitations; authorizing the Department of Veterans’
32 Affairs to provide certain information to specified
33 clients; amending s. 252.357, F.S.; requiring that the
34 Florida Comprehensive Emergency Management Plan
35 authorize the Agency for Health Care Administration to
36 contact independent living facilities in a disaster
37 area; amending s. 252.359, F.S.; revising the manner
38 in which the division facilitates transportation of
39 essentials before and after an emergency; requiring
40 local law enforcement to cooperate with the division
41 to ensure the availability of essentials; specifying
42 the entities that determine state roadways; amending
43 s. 252.365, F.S.; revising the responsibilities of the
44 emergency coordination officer; requiring the head of
45 each agency to make specified notifications annually;
46 amending s. 252.373, F.S.; authorizing the division to
47 use certain funds for administration; amending s.
48 252.385, F.S.; revising reporting requirements for the
49 division; revising requirements for a specified list
50 of facilities recommended to be retrofitted; amending
51 s. 282.201, F.S.; abrogating the scheduled repeal of
52 the division’s exemption from using the required state
53 data center; amending s. 403.7071, F.S.; revising the
54 time period during which specified providers are not
55 required to collect storm-generated yard trash;
56 requiring specified entities to take certain actions
57 regarding the creation, authorization,
58 preauthorization, and management of debris management
59 sites; providing that such sites do not need to be
60 inspected if certain conditions are met; amending s.
61 526.141, F.S.; requiring that self-service gasoline
62 stations be equipped with an alternate power source;
63 amending ss. 252.356, 381.0011, 381.0303, 400.492,
64 400.506, 400.610, 400.934, and 401.273, F.S.;
65 conforming provisions to changes made by the act;
66 providing an effective date.
67
68 Be It Enacted by the Legislature of the State of Florida:
69
70 Section 1. Paragraph (b) of subsection (1) of section
71 215.559, Florida Statutes, is amended to read:
72 215.559 Hurricane Loss Mitigation Program.—A Hurricane Loss
73 Mitigation Program is established in the Division of Emergency
74 Management.
75 (1) The Legislature shall annually appropriate $10 million
76 of the moneys authorized for appropriation under s.
77 215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the
78 division for the purposes set forth in this section. Of the
79 amount:
80 (b) Three million dollars in funds shall be used to
81 construct or retrofit facilities used as public hurricane
82 shelters. Each year the division shall prioritize the use of
83 these funds for projects included in the annual report of the
84 Shelter Development Report prepared in accordance with s.
85 252.385(3). The division must give funding priority to projects
86 in counties regional planning council regions that have shelter
87 deficits and to projects that maximize the use of state funds.
88 Section 2. Section 250.375, Florida Statutes, is amended to
89 read:
90 250.375 Medical officer authorization.—A servicemember
91 trained to provide medical care who is assigned to a military
92 duty position and authorized by the Florida National Guard to
93 provide medical care by virtue of such duty position may provide
94 such medical care to military personnel and civilians within the
95 state physician who holds an active license to practice medicine
96 in any state, a United States territory, or the District of
97 Columbia, while serving as a medical officer with or in support
98 of the Florida National Guard, pursuant to federal or state
99 orders, may practice medicine on military personnel or civilians
100 during an emergency or declared disaster or during federal
101 military training.
102 Section 3. Paragraphs (a) and (b) of subsection (1) of
103 section 252.32, Florida Statutes, are amended to read:
104 252.32 Policy and purpose.—
105 (1) Because of the existing and continuing possibility of
106 the occurrence of emergencies and disasters resulting from
107 natural, technological, or manmade causes; in order to ensure
108 that preparations of this state will be adequate to deal with,
109 reduce vulnerability to, and recover from such emergencies and
110 disasters; to provide for the common defense and to protect the
111 public peace, health, and safety; and to preserve the lives and
112 property of the people of the state, it is hereby found and
113 declared to be necessary:
114 (a) To create a state emergency management agency to be
115 known as the “Division of Emergency Management,” to authorize
116 the creation of local organizations for emergency management in
117 the political subdivisions and county constitutional offices of
118 the state, and to authorize cooperation with the Federal
119 Government and the governments of other states.
120 (b) To confer upon the Governor, the Division of Emergency
121 Management, and the governing body of each political subdivision
122 and county constitutional office of the state the emergency
123 powers provided herein.
124 Section 4. Subsection (10) of section 252.34, Florida
125 Statutes, is amended to read:
126 252.34 Definitions.—As used in this part, the term:
127 (10) “Political subdivision” means a separate agency or
128 unit of local government created or established by law or
129 ordinance and the officers thereof. The term includes, but is
130 not limited to, a county, municipality, department, commission,
131 authority, school district, taxing district, water management
132 district, board, public corporation, institution of higher
133 education, and any other public agency or body thereof any
134 county or municipality created pursuant to law.
135 Section 5. Subsection (1) and paragraphs (a), (c), (i),
136 (k), (n), (x), and (s) of subsection (2) of section 252.35,
137 Florida Statutes, are amended, and a new paragraph (dd) is added
138 to subsection (2) of that section, to read:
139 252.35 Emergency management powers; Division of Emergency
140 Management.—
141 (1) The division is responsible for maintaining a
142 comprehensive statewide program of emergency management. The
143 division is responsible for coordination with and command and
144 control of with efforts of the Federal Government and with other
145 departments and cabinet agencies, and agencies of state
146 government, with county and municipal governments and school
147 boards, and with private agencies that have a role in emergency
148 management.
149 (2) The division is responsible for carrying out the
150 provisions of ss. 252.31-252.90. In performing its duties, the
151 division shall:
152 (a) Prepare a state comprehensive emergency management
153 plan, which shall be integrated into and coordinated with the
154 emergency management plans and programs of the Federal
155 Government. The division shall adopt the plan as a rule in
156 accordance with chapter 120. The plan must be implemented by a
157 continuous, integrated comprehensive emergency management
158 program. The plan must contain provisions to ensure that the
159 state is prepared for emergencies and minor, major, and
160 catastrophic disasters, and the division shall work closely with
161 local governments and agencies and organizations with emergency
162 management responsibilities in preparing and maintaining the
163 plan. The state comprehensive emergency management plan must be
164 operations oriented and:
165 1. Include an evacuation component that includes specific
166 regional and interregional planning provisions and promotes
167 intergovernmental coordination of evacuation activities. This
168 component must, at a minimum: contain guidelines for lifting
169 tolls on state highways; ensure coordination pertaining to
170 evacuees crossing county lines; set forth procedures for
171 directing people caught on evacuation routes to safe shelter;
172 establish strategies for ensuring sufficient, reasonably priced
173 fueling locations along evacuation routes; and establish
174 policies and strategies for emergency medical evacuations.
175 2. Include a shelter component that includes specific
176 regional and interregional planning provisions and promotes
177 coordination of shelter activities between the public, private,
178 and nonprofit sectors. This component must, at a minimum:
179 contain strategies to ensure the availability of adequate public
180 shelter space in each county region of the state; establish
181 strategies for refuge-of-last-resort programs; provide
182 strategies to assist local emergency management efforts to
183 ensure that adequate staffing plans exist for all shelters,
184 including medical and security personnel; provide for a
185 postdisaster communications system for public shelters;
186 establish model shelter guidelines for operations, registration,
187 inventory, power generation capability, information management,
188 and staffing; and set forth policy guidance for sheltering
189 people with special and functional needs.
190 3. Include a postdisaster response and recovery component
191 that includes specific regional and interregional planning
192 provisions and promotes intergovernmental coordination of
193 postdisaster response and recovery activities. This component
194 must provide for postdisaster response and recovery strategies
195 according to whether a disaster is minor, major, or
196 catastrophic. The postdisaster response and recovery component
197 must, at a minimum: establish the structure of the state’s
198 postdisaster response and recovery organization; establish
199 procedures for activating the state’s plan; set forth policies
200 used to guide postdisaster response and recovery activities;
201 describe the chain of command during the postdisaster response
202 and recovery period; describe initial and continuous
203 postdisaster response and recovery actions; identify the roles
204 and responsibilities of each involved agency and organization;
205 provide for a comprehensive communications plan; establish
206 procedures for monitoring and coordinating mutual aid
207 agreements; provide for rapid impact assessment teams; ensure
208 the availability of an effective statewide urban search and
209 rescue program coordinated with the fire services; ensure the
210 existence of a comprehensive statewide medical care and relief
211 plan administered by the Department of Health; and establish
212 systems for coordinating volunteers and accepting and
213 distributing donated funds and goods.
214 4. Include additional provisions addressing aspects of
215 preparedness, response, recovery, and mitigation as determined
216 necessary by the division.
217 5. Address the need for coordinated and expeditious
218 deployment of state resources, including the Florida State Guard
219 and Florida National Guard. In the case of an imminent major
220 disaster, procedures should address predeployment of the Florida
221 National Guard, and, in the case of an imminent catastrophic
222 disaster, procedures should address predeployment of the Florida
223 National Guard and the United States Armed Forces. Such
224 procedures must include the facilitation of annual training
225 initiatives supporting the education of emergency management
226 officials, elected and appointed officials, and stakeholders.
227 6. Establish a system of communications and warning to
228 ensure that the state’s population and emergency management
229 agencies are warned of developing emergency situations,
230 including public health emergencies, and can communicate
231 emergency response decisions.
232 7. Establish guidelines and schedules for annual exercises
233 that evaluate the ability of the state and its political
234 subdivisions to respond to minor, major, and catastrophic
235 disasters and support local emergency management agencies. Such
236 exercises shall be coordinated with local governments and, to
237 the extent possible, the Federal Government.
238 8. Assign lead and support responsibilities to state
239 agencies and personnel for emergency support functions and other
240 support activities.
241 9. Include the public health emergency plan developed by
242 the Department of Health pursuant to s. 381.00315.
243 10. Include an update on the status of the emergency
244 management capabilities of the state and its political
245 subdivisions.
246
247 The complete state comprehensive emergency management plan must
248 be submitted to the President of the Senate, the Speaker of the
249 House of Representatives, and the Governor on February 1 of
250 every even-numbered year.
251 (c) Assist political subdivisions in preparing and
252 maintaining emergency management plans by developing a template
253 for comprehensive emergency management plans, including plans
254 for natural disasters and cyberattacks.
255 (i) Institute statewide public awareness programs,
256 including an intensive public educational campaign on emergency
257 preparedness issues. Such programs must include, but need not be
258 limited to, the personal responsibility of individual residents
259 to be self-sufficient for up to 120 72 hours following a natural
260 or manmade disaster or a public health emergency. The public
261 educational campaign must include relevant information on public
262 health emergency mitigation, statewide disaster plans,
263 evacuation routes, fuel suppliers, and shelters. All educational
264 materials must be available in alternative formats and mediums
265 to ensure that they are available to persons with disabilities.
266 (k)1. Prepare and distribute to appropriate state and local
267 officials catalogs of federal, state, and private assistance
268 programs.
269 2. In order to expedite and maximize the amount of federal
270 assistance available, the division shall standardize and
271 streamline the Federal Emergency Management Agency’s Public
272 Assistance Program application process. This includes assisting
273 applicants in identifying risks in their organizations and
274 developing a clear action plan to abate those risks.
275 (n) Subject to available funding, implement annual training
276 programs to maintain Florida’s status as a national leader in
277 emergency management, improve the ability of state and local
278 emergency management personnel to prepare and implement
279 emergency management plans and programs, and facilitate
280 coordination between all emergency management stakeholders. This
281 shall include a continuous training program for agencies and
282 individuals that will be called on to perform key roles in state
283 and local postdisaster response and recovery efforts and for
284 local government personnel on federal and state postdisaster
285 response and recovery strategies and procedures.
286 (s) Complete an inventory of disaster response equipment,
287 including portable generators owned by the state and local
288 governments which are capable of operating during a major
289 disaster. The inventory must identify, at a minimum, the
290 location of each generator, the number of generators stored at
291 each specific location, the agency to which each generator
292 belongs, the primary use of the generator by the owner agency,
293 and the names, addresses, and telephone numbers of persons
294 having the authority to loan the stored generators as authorized
295 by the division during a declared emergency.
296 (x) Report biennially to the President of the Senate, the
297 Speaker of the House of Representatives, the Chief Justice of
298 the Supreme Court, and the Governor, no later than February 1 of
299 every odd-numbered year, the status of the emergency management
300 capabilities of the state and its political subdivisions. This
301 report must include the emergency management capabilities
302 related to public health emergencies, as determined in
303 collaboration with the Department of Health.
304 (dd) During a natural disaster for which an emergency has
305 been declared by the Governor or the President of the United
306 States, authorize new debris management sites. Such sites must
307 meet all practices in accordance with debris management sites
308 authorized under s. 403.7071.
309 Section 6. Section 252.352, Florida Statutes, is created to
310 read:
311 252.352 Postdisaster duties of political subdivisions.
312 Following the declaration of a state of emergency issued by the
313 Governor for a natural emergency:
314 (1) A political subdivision that has been impacted by a
315 natural emergency must publish on a publicly available website
316 all applicable local, state, and federal laws related to
317 building and housing codes, including all limitations,
318 definitions, guidelines, and statutory emergency management
319 expectations. This information must be available within 5 days
320 after the declaration of a state of emergency and must remain
321 available for at least 3 years after such declaration, unless
322 recovery from the natural disaster is completed earlier.
323 (2) A county that has experienced a direct impact from a
324 natural disaster must provide the county’s legislative
325 delegation with:
326 (a) Emergency office space.
327 (b) Information on the county’s emergency response.
328 (c) A direct point of contact trained in disaster recovery
329 who will answer questions and listen to concerns related to
330 county emergency management. A member of the delegation may
331 direct residents to this point of contact.
332 Section 7. Section 252.355, Florida Statutes, is amended to
333 read:
334 252.355 Registry of persons with special needs and
335 functional limitations; notice; registration program.—
336 (1) In order to meet the special or functional needs of
337 persons who would need assistance during evacuations and
338 sheltering because of physical, mental, cognitive impairment, or
339 sensory disabilities, the division, in coordination with each
340 local emergency management agency in the state, shall maintain a
341 registry of persons with special needs or functional limitations
342 located within the jurisdiction of the local agency. The
343 registration shall identify those persons in need of assistance
344 and plan for resource allocation to meet those identified needs.
345 (2) In order to ensure that all persons with special needs
346 or functional limitations may register, the division shall
347 develop and maintain a special needs and functional limitations
348 shelter registration program. During a public health emergency
349 in which physical distancing is necessary, as determined by the
350 State Health Officer, the division must maintain information on
351 special needs and functional limitations shelter options that
352 mitigate the threat of the spread of infectious diseases.
353 (a) The registration program shall include, at a minimum, a
354 uniform electronic registration form and a database for
355 uploading and storing submitted registration forms that may be
356 accessed by the appropriate local emergency management agency.
357 The link to the registration form shall be easily accessible on
358 each local emergency management agency’s website. Upon receipt
359 of a paper registration form, the local emergency management
360 agency shall enter the person’s registration information into
361 the database.
362 (b) To assist in identifying persons with special needs or
363 functional limitations, home health agencies, hospices, nurse
364 registries, home medical equipment providers, the Department of
365 Children and Families, the Department of Health, the Agency for
366 Health Care Administration, the Department of Education, the
367 Agency for Persons with Disabilities, the Department of Elderly
368 Affairs, the Department of Veterans’ Affairs, and memory
369 disorder clinics shall, and any physician licensed under chapter
370 458 or chapter 459 and any pharmacy licensed under chapter 465
371 may, annually provide registration information to all of their
372 clients with special needs or functional limitations clients or
373 their caregivers. The division shall develop a brochure that
374 provides information regarding special needs and functional
375 limitations shelter registration procedures. The brochure must
376 be easily accessible on the division’s website. All appropriate
377 agencies and community-based service providers, including aging
378 and disability resource centers, memory disorder clinics, home
379 health care providers, hospices, nurse registries, and home
380 medical equipment providers, shall, and any physician licensed
381 under chapter 458 or chapter 459 may, assist emergency
382 management agencies by annually registering persons with special
383 needs or functional limitations for special needs and functional
384 limitations shelters, collecting registration information for
385 persons with special needs or functional limitations as part of
386 the program intake process, and establishing programs to educate
387 clients about the registration process and disaster preparedness
388 safety procedures. A client of a state-funded or federally
389 funded service program who has a physical, mental, or cognitive
390 impairment or sensory disability and who needs assistance in
391 evacuating, or when in a shelter, must register as a person with
392 special needs or functional limitations. The registration
393 program shall give persons with special needs or functional
394 limitations the option of preauthorizing emergency response
395 personnel to enter their homes during search and rescue
396 operations if necessary to ensure their safety and welfare
397 following disasters.
398 (c) The division shall be the designated lead agency
399 responsible for community education and outreach to the public,
400 including clients with special needs or functional limitations
401 clients, regarding registration and special needs and functional
402 limitations shelters and general information regarding shelter
403 stays.
404 (d) On or before May 31 of each year, each electric utility
405 in the state shall annually notify residential customers in its
406 service area of the availability of the registration program
407 available through their local emergency management agency by:
408 1. An initial notification upon the activation of new
409 residential service with the electric utility, followed by one
410 annual notification between January 1 and May 31; or
411 2. Two separate annual notifications between January 1 and
412 May 31.
413
414 The notification may be made by any available means, including,
415 but not limited to, written, electronic, or verbal notification,
416 and may be made concurrently with any other notification to
417 residential customers required by law or rule.
418 (3) A person with special needs or functional limitations
419 must be allowed to bring his or her service animal into a
420 special needs and functional limitations shelter in accordance
421 with s. 413.08.
422 (4) All records, data, information, correspondence, and
423 communications relating to the registration of persons with
424 special needs or functional limitations as provided in
425 subsection (1) are confidential and exempt from s. 119.07(1),
426 except that such information shall be available to other
427 emergency response agencies, as determined by the local
428 emergency management director. Local law enforcement agencies
429 shall be given complete shelter roster information upon request.
430 Section 8. Section 252.357, Florida Statutes, is amended to
431 read:
432 252.357 Monitoring of nursing homes and assisted living
433 facilities during disaster.—The Florida Comprehensive Emergency
434 Management Plan shall permit the Agency for Health Care
435 Administration, working from the agency’s offices or in the
436 Emergency Operations Center, ESF-8, to make initial contact with
437 each nursing home, independent living facility, and assisted
438 living facility in the disaster area. The agency, by July 15,
439 annually, shall publish on the Internet an emergency telephone
440 number that may be used by nursing homes and assisted living
441 facilities to contact the agency on a schedule established by
442 the agency to report requests for assistance. The agency may
443 also provide the telephone number to each facility when it makes
444 the initial facility call.
445 Section 9. Section 252.359, Florida Statutes, is amended to
446 read:
447 252.359 Ensuring availability of emergency supplies.—
448 (1) In order to meet the needs of residents affected during
449 a declared emergency and to ensure the continuing economic
450 resilience of communities impacted by disaster, the division
451 shall establish a statewide system to facilitate the transport
452 and distribution of essentials in commerce.
453 (2) As used in this section, the term “essentials” means
454 goods that are consumed or used as a direct result of a declared
455 emergency, or that are consumed or used to preserve, protect, or
456 sustain life, health, safety, or economic well-being. The term
457 includes, but is not limited to, personal protective equipment
458 used in the event of a public health emergency.
459 (3) The division, as a function of emergency preparation,
460 response, and recovery, may facilitate shall develop a system to
461 certify each person who facilitates the transport or
462 distribution of essentials in commerce. The division may not
463 certify a person other than a person who routinely transports or
464 distributes essentials. In developing the system, the division:
465 (a) May provide for a preemergency or postemergency
466 transportation of essentials declaration certification.
467 (b) Shall allow the certification of an employer, if
468 requested by the employer, to constitute a certification of the
469 employer’s employees.
470 (c) Shall create an easily recognizable indicium of
471 certification to assist local officials’ efforts in determining
472 which persons have been certified under this subsection.
473 (d) Shall limit the duration of each certificate to no more
474 than 1 year. Each certificate may be renewed so long as the
475 criteria for certification are met.
476 (4) A person authorized to transport essentials or employer
477 certified under subsection (3) is not required to obtain any
478 additional certification or fulfill any additional requirement
479 to transport or distribute essentials.
480 (5) Notwithstanding any curfew, restriction, road block,
481 quarantine, or other limitation on access to an area, a person
482 authorized or employer certified under subsection (3) to deliver
483 essentials may enter or remain in the restricted curfew area for
484 the limited purpose of facilitating the transport or
485 distribution of essentials and may provide service that exceeds
486 otherwise applicable hours of service maximums to the extent
487 authorized by a duly executed declaration of a state of
488 emergency. Local law enforcement shall cooperate with the
489 division to ensure the availability of essentials under this
490 section.
491 (6) This section does not prohibit a law enforcement
492 officer from specifying the permissible route of ingress or
493 egress for a person authorized certified under subsection (3).
494 Notwithstanding this section, all state roadways are determined
495 by the Florida Highway Patrol in coordination with the
496 Department of Transportation.
497 Section 10. Subsections (2) and (4) of section 252.365,
498 Florida Statutes, are amended to read:
499 252.365 Emergency coordination officers; disaster
500 preparedness plans.—
501 (2) The emergency coordination officer is responsible for
502 coordinating with the division on emergency preparedness issues
503 and long-term recovery priorities, preparing and maintaining
504 emergency preparedness and postdisaster response and recovery
505 plans for such agency, maintaining rosters of personnel to
506 assist in disaster response and recovery operations, and
507 coordinating appropriate training for agency personnel.
508 (4) On or before May 1 of each year, the head of each
509 agency shall notify the Governor and the division in writing of
510 the person initially designated as the emergency coordination
511 officer for such agency and her or his alternate and of any
512 changes in persons so designated thereafter.
513 Section 11. Subsection (4) is added to section 252.373,
514 Florida Statutes, to read:
515 252.373 Allocation of funds; rules.—
516 (4) The division may use up to 1 percent of the total
517 amount within the fund to administer this section.
518 Section 12. Subsections (2) and (3) of section 252.385,
519 Florida Statutes, are amended to read:
520 252.385 Public shelter space; public records exemption.—
521 (2)(a) The division shall administer a program to survey
522 existing schools, universities, community colleges, and other
523 state-owned, municipally owned, and county-owned public
524 buildings and any private facility that the owner, in writing,
525 agrees to provide for use as a public hurricane evacuation
526 shelter to identify those that are appropriately designed and
527 located to serve as such shelters. The owners of the facilities
528 must be given the opportunity to participate in the surveys. The
529 state university boards of trustees, district school boards,
530 community college boards of trustees, and the Department of
531 Education are responsible for coordinating and implementing the
532 survey of public schools, universities, and community colleges
533 with the division or the local emergency management agency.
534 (b) By January 31 of each even-numbered year, the division
535 shall prepare and submit a statewide emergency shelter plan to
536 the Governor and Cabinet for approval, subject to the
537 requirements for approval in s. 1013.37(2). The emergency
538 shelter plan must project, for each of the next 5 years, the
539 hurricane shelter needs of the state, including periods of time
540 during which a concurrent public health emergency may
541 necessitate more space for each individual to accommodate
542 physical distancing. In addition to information on the general
543 shelter needs throughout this state, the plan must identify the
544 general location and square footage of special needs shelters,
545 by regional planning council region. The plan must also include
546 information on the availability of shelters that accept pets.
547 The Department of Health shall assist the division in
548 determining the estimated need for special needs shelter space
549 and the adequacy of facilities to meet the needs of persons with
550 special needs based on information from the registries of
551 persons with special needs and other information.
552 (3)(a) The division shall annually provide to the President
553 of the Senate, the Speaker of the House of Representatives, and
554 the Governor a list of facilities recommended to be retrofitted
555 using state funds. State funds should be maximized and targeted
556 to counties regional planning council regions with hurricane
557 evacuation shelter deficits. The owner or lessee of a public
558 hurricane evacuation shelter that is included on the list of
559 facilities recommended for retrofitting is not required to
560 perform any recommended improvements.
561 (b) The list required in paragraph (a) must include a
562 statewide emergency shelter plan that must project, for each of
563 the next 5 years, the hurricane shelter needs of the state. In
564 addition to information on the general shelter needs throughout
565 this state, the plan must identify, by county, the general
566 location and square footage of special needs and functional
567 limitations shelters. The plan must also include information on
568 the availability of shelters that accept pets. The Department of
569 Health shall assist the division in determining the estimated
570 need for special needs and functional limitations shelter space
571 and the adequacy of facilities to meet the needs of persons with
572 special needs or functional limitations based on information
573 from the registries of persons with special needs or functional
574 limitations and other information.
575 Section 13. Subsection (2) of section 282.201, Florida
576 Statutes, is amended to read:
577 282.201 State data center.—The state data center is
578 established within the department. The provision of data center
579 services must comply with applicable state and federal laws,
580 regulations, and policies, including all applicable security,
581 privacy, and auditing requirements. The department shall appoint
582 a director of the state data center who has experience in
583 leading data center facilities and has expertise in cloud
584 computing management.
585 (2) USE OF THE STATE DATA CENTER.—
586 (a) The following are exempt from the use of the state data
587 center: the Department of Law Enforcement, the Florida Division
588 of Emergency Management, the Department of the Lottery’s Gaming
589 System, Systems Design and Development in the Office of Policy
590 and Budget, the regional traffic management centers as described
591 in s. 335.14(2) and the Office of Toll Operations of the
592 Department of Transportation, the State Board of Administration,
593 state attorneys, public defenders, criminal conflict and civil
594 regional counsel, capital collateral regional counsel, and the
595 Florida Housing Finance Corporation.
596 (b) The Division of Emergency Management is exempt from the
597 use of the state data center. This paragraph expires July 1,
598 2025.
599 Section 14. Subsection (7) of section 403.7071, Florida
600 Statutes, is amended, and subsection (8) is added to that
601 section, to read:
602 403.7071 Management of storm-generated debris.—Solid waste
603 generated as a result of a storm event that is the subject of an
604 emergency order issued by the department may be managed as
605 follows:
606 (7) Unless otherwise specified in a contract or franchise
607 agreement between a local government and a private solid waste
608 or debris management service provider, a private solid waste or
609 debris management service provider is not required to collect
610 storm-generated yard trash during the first 90 days after an
611 emergency order is issued by the department. Local governments
612 are authorized and encouraged to add an addendum to existing
613 contracts or franchise agreements to perform collection of
614 storm-generated debris.
615 (8)(a) Each county, municipality, community development
616 district, and political subdivision must authorize at least one
617 debris management site and annually complete preauthorization
618 for previously approved debris management sites through the
619 department. For the purposes of this paragraph, a debris site
620 designated by the Division of Emergency Management pursuant to
621 s. 252.35(2)(dd) is considered a previously approved debris
622 management site.
623 (b) A municipality, community development district, or
624 political subdivision with a population of less than 5,000 may
625 jointly preauthorize at least one debris management site with at
626 least one adjacent municipality, if the parties develop and
627 approve a memorandum of understanding. Such memorandum must
628 clearly outline the capacity of the debris management site and
629 location of the site relative to each party. The memorandum of
630 understanding must be developed and approved annually as part of
631 the preauthorization process described in paragraph (a).
632 (c) A preauthorized debris management site may not require
633 additional inspection or review by the department before being
634 used during a natural disaster if the approval process has been
635 fully completed and all practices are allowed under department
636 rules.
637 Section 15. Present subsection (8) of section 526.141,
638 Florida Statutes, is redesignated as subsection (9), and a new
639 subsection (8) is added to that section, to read:
640 526.141 Self-service gasoline stations; attendants;
641 regulations.—
642 (8) A self-service gasoline station must be equipped with
643 an alternate power source, such as a generator.
644 Section 16. Subsection (4) of section 252.356, Florida
645 Statutes, is amended to read:
646 252.356 Emergency and disaster planning provisions to
647 assist persons with disabilities or limitations.—State agencies
648 that contract with providers for the care of persons with
649 disabilities or limitations that make such persons dependent
650 upon the care of others shall include emergency and disaster
651 planning provisions in such contracts at the time the contracts
652 are initiated or upon renewal. These provisions shall include,
653 but shall not be limited to:
654 (4) A procedure to dispatch the emergency coordinating
655 officer or other staff members to special needs and functional
656 limitations shelters to assist clients with special needs or
657 functional limitations, if necessary.
658 Section 17. Subsection (7) of section 381.0011, Florida
659 Statutes, is amended to read:
660 381.0011 Duties and powers of the Department of Health.—It
661 is the duty of the Department of Health to:
662 (7) Manage and coordinate emergency preparedness and
663 disaster response functions to: investigate and control the
664 spread of disease; coordinate the availability and staffing of
665 special needs and functional limitations shelters; support
666 patient evacuation; ensure the safety of food and drugs; provide
667 critical incident stress debriefing; and provide surveillance
668 and control of radiological, chemical, biological, and other
669 environmental hazards.
670 Section 18. Section 381.0303, Florida Statutes, is amended
671 to read:
672 381.0303 Special needs and functional limitations
673 shelters.—
674 (1) PURPOSE.—The purpose of this section is to provide for
675 the operation and closure of special needs and functional
676 limitations shelters and to designate the Department of Health,
677 through its county health departments, as the lead agency for
678 coordination of the recruitment of health care practitioners, as
679 defined in s. 456.001(4), to staff special needs and functional
680 limitations shelters in times of emergency or disaster and to
681 provide resources to the department to carry out this
682 responsibility. However, nothing in this section prohibits a
683 county health department from entering into an agreement with a
684 local emergency management agency to assume the lead
685 responsibility for recruiting health care practitioners.
686 (2) SPECIAL NEEDS AND FUNCTIONAL LIMITATIONS SHELTER PLAN;
687 STAFFING; STATE AGENCY ASSISTANCE.—If funds have been
688 appropriated to support disaster coordinator positions in county
689 health departments:
690 (a) The department shall assume lead responsibility for the
691 coordination of local medical and health care providers, the
692 American Red Cross, and other interested parties in developing a
693 plan for the staffing and medical management of special needs
694 and functional limitations shelters and pediatric special needs
695 and functional limitations shelters. Plans must conform to the
696 local comprehensive emergency management plan.
697 (b) County health departments shall, in conjunction with
698 the local emergency management agencies, have the lead
699 responsibility for coordination of the recruitment of health
700 care practitioners to staff local special needs and functional
701 limitations shelters. County health departments shall assign
702 their employees to work in special needs and functional
703 limitations shelters when those employees are needed to protect
704 the health and safety of persons with special needs or
705 functional limitations. County governments shall assist the
706 department with nonmedical staffing and the operation of special
707 needs and functional limitations shelters. The local health
708 department and emergency management agency shall coordinate
709 these efforts to ensure appropriate staffing in special needs
710 and functional limitations shelters, including a staff member
711 who is familiar with the needs of persons with Alzheimer’s
712 disease.
713 (c) The appropriate county health department and local
714 emergency management agency shall jointly decide who has
715 responsibility for medical supervision in each special needs and
716 functional limitations shelter.
717 (d) Local emergency management agencies shall be
718 responsible for the designation and operation of special needs
719 and functional limitations shelters during times of emergency or
720 disaster and the closure of the facilities following an
721 emergency or disaster. The local health department and emergency
722 management agency shall coordinate these efforts to ensure the
723 appropriate designation and operation of special needs and
724 functional limitations shelters. County health departments shall
725 assist the local emergency management agency with regard to the
726 management of medical services in special needs and functional
727 limitations shelters.
728 (e) The Secretary of Elderly Affairs, or his or her
729 designee, shall convene, at any time that he or she deems
730 appropriate and necessary, a multiagency special needs and
731 functional limitations shelter discharge planning team to assist
732 local areas that are severely impacted by a natural or manmade
733 disaster that requires the use of special needs and functional
734 limitations shelters. Multiagency special needs and functional
735 limitations shelter discharge planning teams shall provide
736 assistance to local emergency management agencies with the
737 continued operation or closure of the shelters, as well as with
738 the discharge of clients with special needs or functional
739 limitations clients to alternate facilities if necessary. Local
740 emergency management agencies may request the assistance of a
741 multiagency special needs and functional limitations shelter
742 discharge planning team by alerting statewide emergency
743 management officials of the necessity for additional assistance
744 in their area. The Secretary of Elderly Affairs is encouraged to
745 proactively work with other state agencies prior to any natural
746 disasters for which warnings are provided to ensure that
747 multiagency special needs and functional limitations shelter
748 discharge planning teams are ready to assemble and deploy
749 rapidly upon a determination by state emergency management
750 officials that a disaster area requires additional assistance.
751 The Secretary of Elderly Affairs may call upon any state agency
752 or office to provide staff to assist a multiagency special needs
753 and functional limitations shelter discharge planning team.
754 Unless the secretary determines that the nature or circumstances
755 surrounding the disaster do not warrant participation from a
756 particular agency’s staff, each multiagency special needs and
757 functional limitations shelter discharge planning team shall
758 include at least one representative from each of the following
759 state agencies:
760 1. Department of Elderly Affairs.
761 2. Department of Health.
762 3. Department of Children and Families.
763 4. Department of Veterans’ Affairs.
764 5. Division of Emergency Management.
765 6. Agency for Health Care Administration.
766 7. Agency for Persons with Disabilities.
767 (3) SPECIAL CARE FOR PERSONS WITH ALZHEIMER’S DISEASE OR
768 RELATED FORMS OF DEMENTIA.—All special needs and functional
769 limitations shelters must establish designated shelter areas for
770 persons with Alzheimer’s disease or related forms of dementia to
771 enable those persons to maintain their normal habits and
772 routines to the greatest extent possible.
773 (4) REIMBURSEMENT TO HEALTH CARE PRACTITIONERS AND
774 FACILITIES.—
775 (a) The department shall, upon request, reimburse in
776 accordance with paragraph (b):
777 1. Health care practitioners, as defined in s. 456.001,
778 provided the practitioner is not providing care to a patient
779 under an existing contract, and emergency medical technicians
780 and paramedics licensed under chapter 401 for medical care
781 provided at the request of the department in special needs and
782 functional limitations shelters or at other locations during
783 times of emergency or a declared disaster. Reimbursement for
784 health care practitioners, except for physicians licensed under
785 chapter 458 or chapter 459, shall be based on the average hourly
786 rate that such practitioners were paid according to the most
787 recent survey of Florida hospitals conducted by the Florida
788 Hospital Association or other nationally recognized or state
789 recognized data source.
790 2. Health care facilities, such as hospitals, nursing
791 homes, assisted living facilities, and community residential
792 homes, if, upon closure of a special needs and functional
793 limitations shelter, a multiagency special needs and functional
794 limitations shelter discharge planning team determines that it
795 is necessary to discharge persons with special needs or
796 functional limitations to other health care facilities. The
797 receiving facilities are eligible for reimbursement for services
798 provided to the individuals for up to 90 days. A facility must
799 show proof of a written request from a representative of an
800 agency serving on the multiagency special needs and functional
801 limitations shelter discharge planning team that the individual
802 for whom the facility is seeking reimbursement for services
803 rendered was referred to that facility from a special needs and
804 functional limitations shelter. The department shall specify by
805 rule which expenses are reimbursable and the rate of
806 reimbursement for each service.
807 (b) Reimbursement is subject to the availability of federal
808 funds and shall be requested on forms prepared by the
809 department. If a Presidential Disaster Declaration has been
810 issued, the department shall request federal reimbursement of
811 eligible expenditures. The department may not provide
812 reimbursement to facilities under this subsection for services
813 provided to a person with special needs or functional
814 limitations if, during the period of time in which the services
815 were provided, the individual was enrolled in another state
816 funded program, such as Medicaid or another similar program, was
817 covered under a policy of health insurance as defined in s.
818 624.603, or was a member of a health maintenance organization or
819 prepaid health clinic as defined in chapter 641, which would
820 otherwise pay for the same services. Travel expense and per diem
821 costs shall be reimbursed pursuant to s. 112.061.
822 (5) HEALTH CARE PRACTITIONER REGISTRY.—The department may
823 use the registries established in ss. 401.273 and 456.38 when
824 health care practitioners are needed to staff special needs and
825 functional limitations shelters or to assist with other
826 disaster-related activities.
827 (6) SPECIAL NEEDS AND FUNCTIONAL LIMITATIONS SHELTER
828 INTERAGENCY COMMITTEE.—The State Surgeon General may establish a
829 special needs and functional limitations shelter interagency
830 committee and serve as, or appoint a designee to serve as, the
831 committee’s chair. The department shall provide any necessary
832 staff and resources to support the committee in the performance
833 of its duties. The committee shall address and resolve problems
834 related to special needs and functional limitations shelters not
835 addressed in the state comprehensive emergency medical plan and
836 shall consult on the planning and operation of special needs and
837 functional limitations shelters.
838 (a) The committee shall develop, negotiate, and regularly
839 review any necessary interagency agreements, and undertake other
840 such activities as the department deems necessary to facilitate
841 the implementation of this section.
842 (b) The special needs and functional limitations shelter
843 interagency committee shall be composed of representatives of
844 emergency management, health, medical, and social services
845 organizations. Membership shall include, but shall not be
846 limited to, representatives of the Departments of Health,
847 Children and Families, Elderly Affairs, and Education; the
848 Agency for Health Care Administration; the Division of Emergency
849 Management; the Florida Medical Association; the Florida
850 Osteopathic Medical Association; Associated Home Health
851 Industries of Florida, Inc.; the Florida Nurses Association; the
852 Florida Health Care Association; the Florida Assisted Living
853 Affiliation; the Florida Hospital Association; the Florida
854 Statutory Teaching Hospital Council; the Florida Association of
855 Homes for the Aging; the Florida Emergency Preparedness
856 Association; the American Red Cross; Florida Hospices and
857 Palliative Care, Inc.; the Association of Community Hospitals
858 and Health Systems; the Florida Association of Health
859 Maintenance Organizations; the Florida League of Health Systems;
860 the Private Care Association; the Salvation Army; the Florida
861 Association of Aging Services Providers; the AARP; and the
862 Florida Renal Coalition.
863 (c) Meetings of the committee shall be held in Tallahassee,
864 and members of the committee shall serve at the expense of the
865 agencies or organizations they represent. The committee shall
866 make every effort to use teleconference or video conference
867 capabilities in order to ensure statewide input and
868 participation.
869 (7) RULES.—The department, in coordination with the
870 Division of Emergency Management, has the authority to adopt
871 rules necessary to implement this section. Rules shall include:
872 (a) The definition of a “person with special needs or
873 functional limitations,” including eligibility criteria for
874 individuals with physical, mental, cognitive impairment, or
875 sensory disabilities and the services a person with special
876 needs or functional limitations can expect to receive in a
877 special needs and functional limitations shelter.
878 (b) The process for special needs and functional
879 limitations shelter health care practitioners and facility
880 reimbursement for services provided in a disaster.
881 (c) Guidelines for special needs and functional limitations
882 shelter staffing levels to provide services.
883 (d) The definition of and standards for special needs and
884 functional limitations shelter supplies and equipment, including
885 durable medical equipment.
886 (e) Standards for the special needs and functional
887 limitations shelter registration program, including all
888 necessary forms and guidelines for addressing the needs of
889 unregistered persons in need of a special needs and functional
890 limitations shelter.
891 (f) Standards for addressing the needs of families where
892 only one dependent is eligible for admission to a special needs
893 and functional limitations shelter and the needs of adults with
894 special needs or functional limitations who are caregivers for
895 individuals without special needs or functional limitations.
896 (g) The requirement of the county health departments to
897 seek the participation of hospitals, nursing homes, assisted
898 living facilities, home health agencies, hospice providers,
899 nurse registries, home medical equipment providers, dialysis
900 centers, and other health and medical emergency preparedness
901 stakeholders in pre-event planning activities.
902 (8) EMERGENCY MANAGEMENT PLANS.—The submission of emergency
903 management plans to county health departments by home health
904 agencies, nurse registries, hospice programs, and home medical
905 equipment providers is conditional upon receipt of an
906 appropriation by the department to establish disaster
907 coordinator positions in county health departments unless the
908 State Surgeon General and a local county commission jointly
909 determine to require that such plans be submitted based on a
910 determination that there is a special need to protect public
911 health in the local area during an emergency.
912 Section 19. Section 400.492, Florida Statutes, is amended
913 to read:
914 400.492 Provision of services during an emergency.—Each
915 home health agency shall prepare and maintain a comprehensive
916 emergency management plan that is consistent with the standards
917 adopted by national or state accreditation organizations and
918 consistent with the local special needs plan. The plan shall be
919 updated annually and shall provide for continuing home health
920 services during an emergency that interrupts patient care or
921 services in the patient’s home. The plan shall include the means
922 by which the home health agency will continue to provide staff
923 to perform the same type and quantity of services to their
924 patients who evacuate to special needs and functional
925 limitations shelters that were being provided to those patients
926 prior to evacuation. The plan shall describe how the home health
927 agency establishes and maintains an effective response to
928 emergencies and disasters, including: notifying staff when
929 emergency response measures are initiated; providing for
930 communication between staff members, county health departments,
931 and local emergency management agencies, including a backup
932 system; identifying resources necessary to continue essential
933 care or services or referrals to other health care providers
934 subject to written agreement; and prioritizing and contacting
935 patients who need continued care or services.
936 (1) Each patient record for patients who are listed in the
937 registry established pursuant to s. 252.355 shall include a
938 description of how care or services will be continued in the
939 event of an emergency or disaster. The home health agency shall
940 discuss the emergency provisions with the patient and the
941 patient’s caregivers, including where and how the patient is to
942 evacuate, procedures for notifying the home health agency in the
943 event that the patient evacuates to a location other than the
944 shelter identified in the patient record, and a list of
945 medications and equipment which must either accompany the
946 patient or will be needed by the patient in the event of an
947 evacuation.
948 (2) Each home health agency shall maintain a current
949 prioritized list of patients who need continued services during
950 an emergency. The list shall indicate how services shall be
951 continued in the event of an emergency or disaster for each
952 patient and if the patient is to be transported to a special
953 needs and functional limitations shelter, and shall indicate if
954 the patient is receiving skilled nursing services and the
955 patient’s medication and equipment needs. The list shall be
956 furnished to county health departments and to local emergency
957 management agencies, upon request.
958 (3) Home health agencies shall not be required to continue
959 to provide care to patients in emergency situations that are
960 beyond their control and that make it impossible to provide
961 services, such as when roads are impassable or when patients do
962 not go to the location specified in their patient records. Home
963 health agencies may establish links to local emergency
964 operations centers to determine a mechanism by which to approach
965 specific areas within a disaster area in order for the agency to
966 reach its clients. Home health agencies shall demonstrate a good
967 faith effort to comply with the requirements of this subsection
968 by documenting attempts of staff to follow procedures outlined
969 in the home health agency’s comprehensive emergency management
970 plan, and by the patient’s record, which support a finding that
971 the provision of continuing care has been attempted for those
972 patients who have been identified as needing care by the home
973 health agency and registered under s. 252.355, in the event of
974 an emergency or disaster under subsection (1).
975 (4) Notwithstanding the provisions of s. 400.464(2) or any
976 other provision of law to the contrary, a home health agency may
977 provide services in a special needs and functional limitations
978 shelter located in any county.
979 Section 20. Subsection (12) of section 400.506, Florida
980 Statutes, is amended to read:
981 400.506 Licensure of nurse registries; requirements;
982 penalties.—
983 (12) Each nurse registry shall prepare and maintain a
984 comprehensive emergency management plan that is consistent with
985 the criteria in this subsection and with the local special needs
986 plan. The plan shall be updated annually. The plan shall include
987 the means by which the nurse registry will continue to provide
988 the same type and quantity of services to its patients who
989 evacuate to special needs and functional limitations shelters
990 which were being provided to those patients prior to evacuation.
991 The plan shall specify how the nurse registry shall facilitate
992 the provision of continuous care by persons referred for
993 contract to persons who are registered pursuant to s. 252.355
994 during an emergency that interrupts the provision of care or
995 services in private residences. Nurse registries may establish
996 links to local emergency operations centers to determine a
997 mechanism by which to approach specific areas within a disaster
998 area in order for a provider to reach its clients. Nurse
999 registries shall demonstrate a good faith effort to comply with
1000 the requirements of this subsection by documenting attempts of
1001 staff to follow procedures outlined in the nurse registry’s
1002 comprehensive emergency management plan which support a finding
1003 that the provision of continuing care has been attempted for
1004 patients identified as needing care by the nurse registry and
1005 registered under s. 252.355 in the event of an emergency under
1006 this subsection.
1007 (a) All persons referred for contract who care for persons
1008 registered pursuant to s. 252.355 must include in the patient
1009 record a description of how care will be continued during a
1010 disaster or emergency that interrupts the provision of care in
1011 the patient’s home. It shall be the responsibility of the person
1012 referred for contract to ensure that continuous care is
1013 provided.
1014 (b) Each nurse registry shall maintain a current
1015 prioritized list of patients in private residences who are
1016 registered pursuant to s. 252.355 and are under the care of
1017 persons referred for contract and who need continued services
1018 during an emergency. This list shall indicate, for each patient,
1019 if the client is to be transported to a special needs and
1020 functional limitations shelter and if the patient is receiving
1021 skilled nursing services. Nurse registries shall make this list
1022 available to county health departments and to local emergency
1023 management agencies upon request.
1024 (c) Each person referred for contract who is caring for a
1025 patient who is registered pursuant to s. 252.355 shall provide a
1026 list of the patient’s medication and equipment needs to the
1027 nurse registry. Each person referred for contract shall make
1028 this information available to county health departments and to
1029 local emergency management agencies upon request.
1030 (d) Each person referred for contract shall not be required
1031 to continue to provide care to patients in emergency situations
1032 that are beyond the person’s control and that make it impossible
1033 to provide services, such as when roads are impassable or when
1034 patients do not go to the location specified in their patient
1035 records.
1036 (e) The comprehensive emergency management plan required by
1037 this subsection is subject to review and approval by the county
1038 health department. During its review, the county health
1039 department shall contact state and local health and medical
1040 stakeholders when necessary. The county health department shall
1041 complete its review to ensure that the plan complies with the
1042 criteria in the Agency for Health Care Administration rules
1043 within 90 days after receipt of the plan and shall either
1044 approve the plan or advise the nurse registry of necessary
1045 revisions. If a nurse registry fails to submit a plan or fails
1046 to submit requested information or revisions to the county
1047 health department within 30 days after written notification from
1048 the county health department, the county health department shall
1049 notify the Agency for Health Care Administration. The agency
1050 shall notify the nurse registry that its failure constitutes a
1051 deficiency, subject to a fine of $5,000 per occurrence. If the
1052 plan is not submitted, information is not provided, or revisions
1053 are not made as requested, the agency may impose the fine.
1054 (f) The Agency for Health Care Administration shall adopt
1055 rules establishing minimum criteria for the comprehensive
1056 emergency management plan and plan updates required by this
1057 subsection, with the concurrence of the Department of Health and
1058 in consultation with the Division of Emergency Management.
1059 Section 21. Paragraph (b) of subsection (1) of section
1060 400.610, Florida Statutes, is amended to read:
1061 400.610 Administration and management of a hospice.—
1062 (1) A hospice shall have a clearly defined organized
1063 governing body, consisting of a minimum of seven persons who are
1064 representative of the general population of the community
1065 served. The governing body shall have autonomous authority and
1066 responsibility for the operation of the hospice and shall meet
1067 at least quarterly. The governing body shall:
1068 (b)1. Prepare and maintain a comprehensive emergency
1069 management plan that provides for continuing hospice services in
1070 the event of an emergency that is consistent with local special
1071 needs plans. The plan shall include provisions for ensuring
1072 continuing care to hospice patients who go to special needs and
1073 functional limitations shelters. The plan shall include the
1074 means by which the hospice provider will continue to provide
1075 staff to provide the same type and quantity of services to their
1076 patients who evacuate to special needs and functional
1077 limitations shelters which were being provided to those patients
1078 prior to evacuation. The plan is subject to review and approval
1079 by the county health department, except as provided in
1080 subparagraph 2. During its review, the county health department
1081 shall contact state and local health and medical stakeholders
1082 when necessary. The county health department shall complete its
1083 review to ensure that the plan complies with criteria in rules
1084 of the agency within 90 days after receipt of the plan and shall
1085 either approve the plan or advise the hospice of necessary
1086 revisions. Hospice providers may establish links to local
1087 emergency operations centers to determine a mechanism by which
1088 to approach specific areas within a disaster area in order for
1089 the provider to reach its clients. A hospice shall demonstrate a
1090 good faith effort to comply with the requirements of this
1091 paragraph by documenting attempts of staff to follow procedures
1092 as outlined in the hospice’s comprehensive emergency management
1093 plan and to provide continuing care for those hospice clients
1094 who have been identified as needing alternative caregiver
1095 services in the event of an emergency.
1096 2. For any hospice that operates in more than one county,
1097 the Department of Health during its review shall contact state
1098 and local health and medical stakeholders when necessary. The
1099 Department of Health shall complete its review to ensure that
1100 the plan complies with criteria in rules of the agency within 90
1101 days after receipt of the plan and shall approve the plan or
1102 advise the hospice of necessary revisions. The Department of
1103 Health shall make every effort to avoid imposing differing
1104 requirements on a hospice that operates in more than one county
1105 as a result of differing or conflicting comprehensive plan
1106 requirements of the counties in which the hospice operates.
1107 Section 22. Paragraph (a) of subsection (20) and subsection
1108 (21) of section 400.934, Florida Statutes, are amended to read:
1109 400.934 Minimum standards.—As a requirement of licensure,
1110 home medical equipment providers shall:
1111 (20)(a) Prepare and maintain a comprehensive emergency
1112 management plan that meets minimum criteria established by
1113 agency rule under s. 400.935. The plan shall be updated annually
1114 and shall provide for continuing home medical equipment services
1115 for life-supporting or life-sustaining equipment, as defined in
1116 s. 400.925, during an emergency that interrupts home medical
1117 equipment services in a patient’s home. The plan shall include:
1118 1. The means by which the home medical equipment provider
1119 will continue to provide equipment to perform the same type and
1120 quantity of services to its patients who evacuate to special
1121 needs and functional limitations shelters which were being
1122 provided to those patients prior to evacuation.
1123 2. The means by which the home medical equipment provider
1124 establishes and maintains an effective response to emergencies
1125 and disasters, including plans for:
1126 a. Notification of staff when emergency response measures
1127 are initiated.
1128 b. Communication between staff members, county health
1129 departments, and local emergency management agencies, which
1130 includes provisions for a backup communications system.
1131 c. Identification of resources necessary to continue
1132 essential care or services or referrals to other organizations
1133 subject to written agreement.
1134 d. Contacting and prioritizing patients in need of
1135 continued medical equipment services and supplies.
1136 (21) Each home medical equipment provider shall maintain a
1137 current prioritized list of patients who need continued services
1138 during an emergency. The list shall indicate the means by which
1139 services shall be continued for each patient in the event of an
1140 emergency or disaster, whether the patient is to be transported
1141 to a special needs and functional limitations shelter, and
1142 whether the patient has life-supporting or life-sustaining
1143 equipment, including the specific type of equipment and related
1144 supplies. The list shall be furnished to county health
1145 departments and local emergency management agencies upon
1146 request.
1147 Section 23. Subsection (2) of section 401.273, Florida
1148 Statutes, is amended to read:
1149 401.273 Emergency medical technician and paramedic registry
1150 for disasters and emergencies.—
1151 (2) A certificateholder may perform the functions of an
1152 emergency medical technician or paramedic in a special needs and
1153 functional limitations shelter or as a member of a disaster
1154 medical assistance team, provided that such functions are
1155 performed only under the medical direction of a physician who is
1156 licensed under chapter 458 or chapter 459 and who has complied
1157 with the formal supervision requirements of s. 458.348.
1158 Section 24. This act shall take effect July 1, 2025.