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1999 Florida Statutes
SECTION 855
Consolidated reporting forms; single fee payment and due date.
Consolidated reporting forms; single fee payment and due date.
House Bill 0431
CODING: WordsFlorida House of Representatives - 2000 HB 431 By the Committee on Community Affairs and Representative Gay 1 A bill to be entitled 2 An act relating to emergency management; 3 amending s. 240.295, F.S.; requiring the 4 submission of a capital improvements program; 5 prescribing duties of the Board of Regents with 6 respect to identifying public hurricane 7 evacuation shelter space on certain campuses; 8 deleting a requirement for the submission of a 9 report; revising a condition precedent to a 10 requirement for specified building construction 11 standards; amending s. 252.38, F.S.; revising 12 provisions relating to the appointment, salary, 13 and direction and control of a county emergency 14 management agency director; amending s. 15 252.385, F.S.; revising legislative intent; 16 including certain private facilities within a 17 survey of prospective public hurricane 18 evacuation shelters; including district school 19 boards and community college boards of trustees 20 among those coordinating and implementing such 21 survey; revising completion dates for the 22 retrofitting of specified facilities; exempting 23 the owner or lessee of a shelter scheduled for 24 retrofitting from a requirement to make certain 25 improvements; providing that specified public 26 facilities be made available as public 27 hurricane evacuation shelters; requiring the 28 Department of Management Services to 29 incorporate public hurricane evacuation shelter 30 provisions into lease agreements for state 31 agencies; providing specifications for suitable 1 CODING: Wordsstrickenare deletions; words underlined are additions.Florida House of Representatives - 2000 HB 431 171-619B-00 1 leased public facilities; amending s. 252.51, 2 F.S.; revising provisions which provide 3 exemption from liability for persons or 4 organizations who permit real estate or 5 premises to be used for sheltering persons 6 during specified emergencies; exempting the 7 state, its political subdivisions, agents, and 8 employees from liability for damages caused by 9 emergency management workers in certain 10 situations; providing exceptions; defining 11 "emergency management worker"; repealing s. 12 252.855, F.S., which requires the development 13 of consolidated reporting forms for specified 14 storage tank registration programs and single 15 annual fee payment and due date for reporting 16 required from specified petroleum distributors 17 and retail outlets; providing an effective 18 date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Subsection (4) of section 240.295, Florida 23 Statutes, is amended to read: 24 240.295 State University System; authorization for 25 fixed capital outlay projects.-- 26 (4) The Board of Regents shall, in consultation with 27 local and state emergency management agencies, assess existing 28 facilities to identify the extent to which each campus has 29 public hurricane evacuation shelter space. The board shall 30 submit to the Governor and the Legislature by September 30 of 31 each year a 5-year capital improvements program that 2 CODING: Words strickenare deletions; words underlined are additions.Florida House of Representatives - 2000 HB 431 171-619B-00 1 identifies new or retrofitted facilities that will incorporate 2 enhanced hurricane resistance standards and that can be used 3 as public hurricane evacuation shelters. adequate to house4those students, faculty, and employees expected to seek public5shelter prior to or during a disaster and those other persons6for which the campus has agreed with the local emergency7management agency or other voluntary organization to provide8shelter space. The board shall submit a report describing the9results of its assessment to the Governor and the Legislature10by February 1, 1994. At the discretion of the board, this11report may be accompanied by a list of proposed improvements12to existing buildings to improve shelter capacity and an13estimate of the costs associated with implementing these14improvements.Until a county in which a campus is located has 15 sufficient public hurricane evacuation shelter space, any 16 campus building for which a design contract is entered into 17 subsequent to July 1, 20011994, and which has been identified 18 by the board, with the concurrence of the local emergency 19 management agency or the Department of Community Affairs, to 20 be appropriate for use as a public hurricane evacuation 21 shelter, must be constructed in accordance with public shelter 22 standardsunless the board, with the concurrence of the local23emergency management agency or the Department of Community24Affairs, exempts the building or part thereof from shelter25standards because of its location, size, or other26characteristic. 27 Section 2. Paragraph (b) of subsection (1) of section 28 252.38, Florida Statutes, is amended to read: 29 252.38 Emergency management powers of political 30 subdivisions.--Safeguarding the life and property of its 31 3 CODING: Wordsstrickenare deletions; words underlined are additions.Florida House of Representatives - 2000 HB 431 171-619B-00 1 citizens is an innate responsibility of the governing body of 2 each political subdivision of the state. 3 (1) COUNTIES.-- 4 (b) Each county emergency management agency created 5 and established pursuant to ss. 252.31-252.91 shall have a 6 director who shall be appointed and have an annual salary7fixed by the board of county commissioners of the county. The 8 director must meet the minimum training and education 9 qualifications established in a job description approved by 10 the county. The director shall be appointed by the board of 11 county commissioners or the chief administrative officer of 12 the county, as described in chapter 125 or the county charter 13 if applicable, to serve at the pleasure of the appointing 14 authorityboard, subject to their direction and control, in 15 conformance with applicable resolutions, ordinances, and laws. 16 A county constitutional officer or an employee of a county 17 constitutional officer may be appointed as director following 18 prior notification to the division. Each board of county 19 commissioners shall promptly inform the division of the 20 appointment of the director and other personnel. Each director 21 has direct responsibility for the organization, 22 administration, and operation of the county emergency 23 management agency, subject only to the direction and control24of the governing body of the county. The director shall 25 coordinate emergency management activities, services, and 26 programs within the county and shall serve as liaison to the 27 division and other local emergency management agencies and 28 organizations. 29 Section 3. Section 252.385, Florida Statutes, is 30 amended to read: 31 252.385 Public shelter space.-- 4 CODING: Wordsstrickenare deletions; words underlined are additions.Florida House of Representatives - 2000 HB 431 171-619B-00 1 (1) It is the intent of the Legislature that this 2 state not have a deficit of safe public hurricane evacuation 3 shelter space in any region of the state by 1998 and 4 thereafter. 5 (2) The division shall administer a program to survey 6 existing schools, universities, community colleges, and other 7 state-owned, municipally owned, and county-owned public 8 buildings and any private facility that the owner, in writing, 9 agrees to provide for use as a public hurricane evacuation 10 shelter to identify those that are appropriately designed and 11 located to serve as such shelters. The owners of the 12 facilities must shallbe given the opportunity to participate 13 in the surveys. The Board of Regents, district school boards, 14 community college boards of trustees, and the Department of 15 Education are responsible for coordinating and implementing 16 the survey of public schools, universities, and community 17 colleges with the division or the local emergency management 18 agency. 19 (3)Beginning no later than September 1, 1994,The 20 division shall annually provide to the President of the 21 Senate, the Speaker of the House of Representatives, and the 22 Governor a list of facilities recommended to be retrofitted 23 using state funds. State funds should be targeted to counties 24 with hurricane evacuation shelter deficits. Retrofitting 25 facilities in regions with public hurricane evacuation shelter 26 deficits shall be given first priority and should be completed 27 by 20041998. All recommendedappropriatefacilities should 28 be retrofitted by 20092003. The owner or lessee of a public 29 hurricane evacuation shelter that is included on the list of 30 facilities recommended for retrofitting is not required to 31 perform any recommended improvements. 5 CODING: Wordsstrickenare deletions; words underlined are additions.Florida House of Representatives - 2000 HB 431 171-619B-00 1 (4)(a) Public facilities, including schools, 2 postsecondary education facilities, and other facilities owned 3 or leased by the state or local governments, but excluding 4 hospitals or nursing homes, which are suitable for use as 5 public hurricane evacuation shelters shall be made available 6 at the request of the local emergency management agencies. 7 Such agencies shall coordinate with the appropriate school 8 board, university, community college, or local governing board 9 when requesting the use of such facilities as public hurricane 10 evacuation shelters. 11 (b) The Department of Management Services shall 12 incorporate provisions for the use of suitable leased public 13 facilities as public hurricane evacuation shelters into lease 14 agreements for state agencies. Suitable leased public 15 facilities include leased public facilities that are solely 16 occupied by state agencies and have at least 2,000 square feet 17 of net floor area in a single room or in a combination of 18 rooms having a minimum of 400 square feet in each room. The 19 net square footage of floor area must be determined by 20 subtracting from the gross square footage the square footage 21 of spaces such as mechanical and electrical rooms, storage 22 rooms, open corridors, restrooms, kitchens, science or 23 computer laboratories, shop or mechanical areas, 24 administrative offices, records vaults, and crawl spaces. 25 Section 4. Section 252.51, Florida Statutes, is 26 amended to read: 27 252.51 Liability.-- 28 (1) Any person or organization, public or private, 29 owning or controlling real estate or other premises who 30 voluntarily and without compensation grants a license or 31 privilege or otherwise permits the designation by the local 6 CODING: Words strickenare deletions; words underlined are additions.Florida House of Representatives - 2000 HB 431 171-619B-00 1 emergency management agency or use of the whole or any part of 2 such real estate or premises for the purpose of sheltering 3 persons during an actual, impending, mock, or practice 4 emergency, together with her or his successor in interest, if 5 any, shall not be liable for the death of, or injury to, any 6 person on or about such real estate or premises during the 7 actual, impending, mock, or practice emergency, or for loss 8 of, or damage to, the property of such person, solely by9reason or as a result of such license, privilege, designation,10or use,unless the gross negligence or the willful and wanton 11 misconduct of such person owning or controlling such real 12 estate or premises or her or his successor in interest is the 13 proximate cause of such death, injury, loss, or damage 14 occurring during such sheltering period. 15 (2) Neither the state nor any political subdivision of 16 the state, nor their agents or employees, except for bad 17 faith, gross negligence, malicious purpose, or wanton and 18 willful disregard of human rights, safety, or property, shall 19 be liable for personal injury, death, or property damage 20 sustained by any person as a result of the acts or omissions 21 of any emergency management worker complying with this chapter 22 or any order, rule, ordinance, or resolution adopted pursuant 23 to this chapter. As used in this subsection, the term 24 "emergency management worker" includes any full-time or 25 part-time paid or volunteer employee or agent of this state, 26 its political subdivisions, other states, territories, or 27 possessions, the District of Columbia, or the Federal 28 Government who is performing emergency management activities 29 in this state, subject to the order or control of or pursuant 30 to the request of the state, its agencies, or its political 31 subdivisions. The rights of any person to receive benefits to 7 CODING: Wordsstrickenare deletions; words underlined are additions.Florida House of Representatives - 2000 HB 431 171-619B-00 1 which they would otherwise be entitled under any workers' 2 compensation law, any pension law, or any other federal or 3 state statute are not affected by this subsection. 4 Section 5. Section 252.855, Florida Statutes, is 5 repealed. 6 Section 6. This act shall take effect July 1, 2000. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8 CODING: Words strickenare deletions; words underlined are additions.Florida House of Representatives - 2000 HB 431 171-619B-00 1 ***************************************** 2 HOUSE SUMMARY 3 With respect to emergency management, prescribes duties 4 of the Board of Regents with respect to identifying public hurricane evacuation shelter space on certain 5 campuses. Provides that until a county in which a campus is located has sufficient public hurricane evacuation 6 shelter space, specified building construction standards must be adhered to. Requires submission of a capital 7 improvement program. 8 Revises provisions relating to the appointment, salary, 9 and direction and control of a county emergency management agency director. Provides that directors shall 10 be appointed by the board of county commissioners or the chief administrative officer of the county. Provides that 11 a county constitutional officer or an employee thereof may be appointed as a county emergency management 12 director following notification to the Division of Emergency Management of the Department of Community 13 Affairs. 14 Provides legislative intent with respect to the provision 15 of safe public hurricane evacuation shelter space. Includes certain private facilities within a survey of 16 prospective public hurricane evacuation shelters. Provides that district school boards and community 17 college boards of trustees, along with the Board of Regents and the Department of Education, are responsible 18 for coordinating and implementing such survey. Provides that the retrofitting of facilities in regions with 19 public hurricane evacuation shelter deficits should be completed by 2004, and that all recommended facilities 20 should be retrofitted by 2009. Exempts the owner or lessee of a shelter scheduled for retrofitting from a 21 requirement to make certain improvements. Provides that public facilities, including schools, postsecondary 22 education facilities, and other facilities owned or leased by the state or local governments which are 23 suitable for use as public hurricane evacuation shelters, be made available as public hurricane evacuation shelters 24 at the request of local emergency management agencies. Requires the Department of Management Services to 25 incorporate public hurricane evacuation shelter provisions into lease agreements for state agencies. 26 Provides specifications for suitable leased public facilities. 27 28 Revises provisions which provide exemption from liability for persons or organizations who permit real estate or 29 premises to be used for sheltering persons during specified emergencies. Exempts the state, its political 30 subdivisions, agents, and employees from liability for damages caused by emergency management workers in certain 31 situations. Provides exceptions. Defines "emergency management worker" for purposes of the act. 9 CODING: Words strickenare deletions; words underlined are additions.Florida House of Representatives - 2000 HB 431 171-619B-00 1 2 Repeals provisions which require the Department of Environmental Protection and the Department of Community 3 Affairs to develop consolidated reporting forms for specified storage tank registration programs and provide 4 for a single annual fee payment and due date for reporting required from specified petroleum distributors 5 and retail outlets. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 10