Bill Text: FL H1245 | 2011 | Regular Session | Comm Sub


Bill Title: Division of Emergency Management

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1245 Detail]

Download: Florida-2011-H1245-Comm_Sub.html
CS/CS/HB 1245

1
A bill to be entitled
2An act relating to the Division of Emergency Management;
3transferring the division to the Executive Office of the
4Governor and renaming it the "Office of Emergency
5Management"; creating s. 14.2016, F.S.; establishing the
6Office of Emergency Management in the Executive Office of
7the Governor; amending ss. 20.18 and 125.01045, F.S.;
8conforming provisions to changes made by the act; amending
9s. 215.559, F.S.; extending the expiration date of the
10Hurricane Loss Mitigation Program; revising the membership
11of the program's advisory group; deleting provisions
12authorizing the use of funds for specified hurricane
13shelters for the 2010-2011 fiscal year; conforming
14provisions to changes made by the act; amending ss.
15163.3178, 166.0446, 215.5586, 252.32, 252.34, 252.35,
16252.355, 252.61, 252.82, 252.936, 252.937, 252.943,
17252.946, 282.34, 282.709, 311.115, 526.143, 526.144,
18627.0628, 768.13, 943.03, 943.03101, 943.0312, and
19943.0313, F.S.; conforming provisions to changes made by
20the act; amending ss. 112.3135, 119.071, 163.03, 163.360,
21175.021, 186.505, 216.231, 250.06, 339.135, and 429.907,
22F.S.; conforming cross-references; providing a directive
23to the Division of Statutory Revision; providing effective
24dates.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  Effective July 1, 2011, the Division of
29Emergency Management of the Department of Community Affairs is
30transferred by a type two transfer, as defined in s. 20.06(2),
31Florida Statutes, to the Executive Office of the Governor and
32renamed the Office of Emergency Management.
33     Section 2.  Section 14.2016, Florida Statutes, is created
34to read:
35     14.2016  Office of Emergency Management.-The Office of
36Emergency Management is established within the Executive Office
37of the Governor. The office shall be a separate budget entity,
38as provided in the General Appropriations Act, and shall prepare
39and submit a budget request in accordance with chapter 216. The
40office shall be responsible for all professional, technical, and
41administrative support functions necessary to carry out its
42responsibilities under part I of chapter 252. The director of
43the office shall be appointed by and serve at the pleasure of
44the Governor, and shall be the head of the office for all
45purposes. The office shall administer programs to apply rapidly
46all available aid to communities stricken by an emergency as
47defined in s. 252.34 and, for this purpose, provide liaison with
48federal agencies and other public and private agencies.
49     Section 3.  Subsection (2) of section 20.18, Florida
50Statutes, is amended to read:
51     20.18  Department of Community Affairs.-There is created a
52Department of Community Affairs.
53     (2)  The following units of the Department of Community
54Affairs are established:
55     (a)  Division of Emergency Management. The division is a
56separate budget entity and is not subject to control,
57supervision, or direction by the Department of Community Affairs
58in any manner including, but not limited to, personnel,
59purchasing, transactions involving personal property, and
60budgetary matters. The division director shall be appointed by
61the Governor, shall serve at the pleasure of the Governor, and
62shall be the agency head of the division for all purposes. The
63division shall enter into a service agreement with the
64department for professional, technological, and administrative
65support services. The division shall collaborate and coordinate
66with the department on nonemergency response matters, including,
67but not limited to, disaster recovery programs, grant programs,
68mitigation programs, and emergency matters related to
69comprehensive plans.
70     (a)(b)  Division of Housing and Community Development.
71     (b)(c)  Division of Community Planning.
72     Section 4.  Subsection (1) of section 125.01045, Florida
73Statutes, is amended to read:
74     125.01045  Prohibition of fees for first responder
75services.-
76     (1)  A county may not impose a fee or seek reimbursement
77for any costs or expenses that may be incurred for services
78provided by a first responder, including costs or expenses
79related to personnel, supplies, motor vehicles, or equipment in
80response to a motor vehicle accident, except for costs to
81contain or clean up hazardous materials in quantities reportable
82to the Florida State Warning Point at the Office Division of
83Emergency Management, and costs for transportation and treatment
84provided by ambulance services licensed pursuant to s. 401.23(4)
85and (5).
86     Section 5.  Effective upon this act becoming a law,
87subsection (9) of section 215.559, Florida Statutes, is amended
88to read:
89     215.559  Hurricane Loss Mitigation Program.-
90     (9)  This section is repealed June 30, 2021 2011.
91     Section 6.  Section 215.559, Florida Statutes, as amended
92by this act, is amended to read:
93     215.559  Hurricane Loss Mitigation Program.-
94     (1)  There is created A Hurricane Loss Mitigation Program
95is established in the Office of Emergency Management.
96     (1)  The Legislature shall annually appropriate $10 million
97of the moneys authorized for appropriation under s.
98215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the
99office Department of Community Affairs for the purposes set
100forth in this section. Of that amount:
101     (2)(a)  Seven million dollars in funds provided in
102subsection (1) shall be used for programs to improve the wind
103resistance of residences and mobile homes, including loans,
104subsidies, grants, demonstration projects, and direct
105assistance; educating persons concerning the Florida Building
106Code cooperative programs with local governments and the Federal
107Government; and other efforts to prevent or reduce losses or
108reduce the cost of rebuilding after a disaster.
109     (b)  Three million dollars in funds provided in subsection
110(1) shall be used to retrofit existing facilities used as public
111hurricane shelters. Each year the office shall department must
112prioritize the use of these funds for projects included in the
113annual report of the September 1, 2000, version of the Shelter
114Retrofit Report prepared in accordance with s. 252.385(3), and
115each annual report thereafter. The office department must give
116funding priority to projects in regional planning council
117regions that have shelter deficits and to projects that maximize
118the use of state funds.
119     (2)(3)(a)  Forty percent of the total appropriation in
120paragraph (1)(a) (2)(a) shall be used to inspect and improve
121tie-downs for mobile homes.
122     (b)1.  There is created The Manufactured Housing and Mobile
123Home Mitigation and Enhancement Program is established. The
124program shall require the mitigation of damage to or the
125enhancement of homes for the areas of concern raised by the
126Department of Highway Safety and Motor Vehicles in the 2004-2005
127Hurricane Reports on the effects of the 2004 and 2005 hurricanes
128on manufactured and mobile homes in this state. The mitigation
129or enhancement must include, but need not be limited to,
130problems associated with weakened trusses, studs, and other
131structural components caused by wood rot or termite damage;
132site-built additions; or tie-down systems and may also address
133any other issues deemed appropriate by Tallahassee Community
134College, the Federation of Manufactured Home Owners of Florida,
135Inc., the Florida Manufactured Housing Association, and the
136Department of Highway Safety and Motor Vehicles. The program
137shall include an education and outreach component to ensure that
138owners of manufactured and mobile homes are aware of the
139benefits of participation.
140     2.  The program shall be a grant program that ensures that
141entire manufactured home communities and mobile home parks may
142be improved wherever practicable. The moneys appropriated for
143this program shall be distributed directly to Tallahassee
144Community College for the uses set forth under this subsection.
145     3.  Upon evidence of completion of the program, the
146Citizens Property Insurance Corporation shall grant, on a pro
147rata basis, actuarially reasonable discounts, credits, or other
148rate differentials or appropriate reductions in deductibles for
149the properties of owners of manufactured homes or mobile homes
150on which fixtures or construction techniques that have been
151demonstrated to reduce the amount of loss in a windstorm have
152been installed or implemented. The discount on the premium must
153be applied to subsequent renewal premium amounts. Premiums of
154the Citizens Property Insurance Corporation must reflect the
155location of the home and the fact that the home has been
156installed in compliance with building codes adopted after
157Hurricane Andrew. Rates resulting from the completion of the
158Manufactured Housing and Mobile Home Mitigation and Enhancement
159Program are not considered competitive rates for the purposes of
160s. 627.351(6)(d)1. and 2.
161     4.  On or before January 1 of each year, Tallahassee
162Community College shall provide a report of activities under
163this subsection to the Governor, the President of the Senate,
164and the Speaker of the House of Representatives. The report must
165set forth the number of homes that have taken advantage of the
166program, the types of enhancements and improvements made to the
167manufactured or mobile homes and attachments to such homes, and
168whether there has been an increase in availability of insurance
169products to owners of manufactured or mobile homes.
170
171Tallahassee Community College shall develop the programs set
172forth in this subsection in consultation with the Federation of
173Manufactured Home Owners of Florida, Inc., the Florida
174Manufactured Housing Association, and the Department of Highway
175Safety and Motor Vehicles. The moneys appropriated for the
176programs set forth in this subsection shall be distributed
177directly to Tallahassee Community College to be used as set
178forth in this subsection.
179     (3)(4)  Of moneys provided to the Department of Community
180Affairs in paragraph (1)(a) (2)(a), 10 percent shall be
181allocated to the Florida International University center
182dedicated to hurricane research. The center shall develop a
183preliminary work plan approved by the advisory council set forth
184in subsection (4) (5) to eliminate the state and local barriers
185to upgrading existing mobile homes and communities, research and
186develop a program for the recycling of existing older mobile
187homes, and support programs of research and development relating
188to hurricane loss reduction devices and techniques for site-
189built residences. The State University System also shall consult
190with the Department of Community Affairs and assist the
191department with the report required under subsection (6) (7).
192     (4)(5)  Except for the programs set forth in subsection (3)
193(4), The office Department of Community Affairs shall develop
194the programs set forth in this section in consultation with an
195advisory council consisting of a representative designated by
196the Chief Financial Officer, a representative designated by the
197Florida Home Builders Association, a representative designated
198by the Florida Insurance Council, a representative designated by
199the Federation of Manufactured Home Owners, a representative
200designated by the Florida Association of Counties, and a
201representative designated by the Florida Manufactured Housing
202Association, and a representative designated by the Florida
203Building Commission.
204     (5)(6)  Moneys provided to the office Department of
205Community Affairs under this section are intended to supplement,
206not supplant, the office's other funding sources of the
207Department of Community Affairs and may not supplant other
208funding sources of the Department of Community Affairs.
209     (6)(7)  On January 1st of each year, the office Department
210of Community Affairs shall provide a full report and accounting
211of activities under this section and an evaluation of such
212activities to the Speaker of the House of Representatives, the
213President of the Senate, and the Majority and Minority Leaders
214of the House of Representatives and the Senate. Upon completion
215of the report, the office Department of Community Affairs shall
216deliver the report to the Office of Insurance Regulation. The
217Office of Insurance Regulation shall review the report and shall
218make such recommendations available to the insurance industry as
219the Office of Insurance Regulation deems appropriate. These
220recommendations may be used by insurers for potential discounts
221or rebates pursuant to s. 627.0629. The Office of Insurance
222Regulation shall make such the recommendations within 1 year
223after receiving the report.
224     (8)(a)  Notwithstanding any other provision of this section
225and for the 2010-2011 fiscal year only, the $3 million
226appropriation provided for in paragraph (2)(b) may be used for
227hurricane shelters as identified in the General Appropriations
228Act.
229     (b)  This subsection expires June 30, 2011.
230     (7)(9)  This section is repealed June 30, 2021.
231     Section 7.  Paragraph (d) of subsection (2) of section
232163.3178, Florida Statutes, is amended to read:
233     163.3178  Coastal management.-
234     (2)  Each coastal management element required by s.
235163.3177(6)(g) shall be based on studies, surveys, and data; be
236consistent with coastal resource plans prepared and adopted
237pursuant to general or special law; and contain:
238     (d)  A component which outlines principles for hazard
239mitigation and protection of human life against the effects of
240natural disaster, including population evacuation, which take
241into consideration the capability to safely evacuate the density
242of coastal population proposed in the future land use plan
243element in the event of an impending natural disaster. The
244Office Division of Emergency Management shall manage the update
245of the regional hurricane evacuation studies, ensure such
246studies are done in a consistent manner, and ensure that the
247methodology used for modeling storm surge is that used by the
248National Hurricane Center.
249     Section 8.  Subsection (1) of section 166.0446, Florida
250Statutes, is amended to read:
251     166.0446  Prohibition of fees for first responder
252services.-
253     (1)  A municipality may not impose a fee or seek
254reimbursement for any costs or expenses that may be incurred for
255services provided by a first responder, including costs or
256expenses related to personnel, supplies, motor vehicles, or
257equipment in response to a motor vehicle accident, except for
258costs to contain or clean up hazardous materials in quantities
259reportable to the Florida State Warning Point at the Office
260Division of Emergency Management, and costs for transportation
261and treatment provided by ambulance services licensed pursuant
262to s. 401.23(4) and (5).
263     Section 9.  Paragraph (j) of subsection (4) of section
264215.5586, Florida Statutes, is amended to read:
265     215.5586  My Safe Florida Home Program.-There is
266established within the Department of Financial Services the My
267Safe Florida Home Program. The department shall provide fiscal
268accountability, contract management, and strategic leadership
269for the program, consistent with this section. This section does
270not create an entitlement for property owners or obligate the
271state in any way to fund the inspection or retrofitting of
272residential property in this state. Implementation of this
273program is subject to annual legislative appropriations. It is
274the intent of the Legislature that the My Safe Florida Home
275Program provide trained and certified inspectors to perform
276inspections for owners of site-built, single-family, residential
277properties and grants to eligible applicants as funding allows.
278The program shall develop and implement a comprehensive and
279coordinated approach for hurricane damage mitigation that may
280include the following:
281     (4)  ADVISORY COUNCIL.-There is created an advisory council
282to provide advice and assistance to the department regarding
283administration of the program. The advisory council shall
284consist of:
285     (j)  The director of the Office Florida Division of
286Emergency Management.
287
288Members appointed under paragraphs (a)-(d) shall serve at the
289pleasure of the Financial Services Commission. Members appointed
290under paragraphs (e) and (f) shall serve at the pleasure of the
291appointing officer. All other members shall serve as voting ex
292officio members. Members of the advisory council shall serve
293without compensation but may receive reimbursement as provided
294in s. 112.061 for per diem and travel expenses incurred in the
295performance of their official duties.
296     Section 10.  Paragraphs (a) and (b) of subsection (1) of
297section 252.32, Florida Statutes, are amended to read:
298     252.32  Policy and purpose.-
299     (1)  Because of the existing and continuing possibility of
300the occurrence of emergencies and disasters resulting from
301natural, technological, or manmade causes; in order to ensure
302that preparations of this state will be adequate to deal with,
303reduce vulnerability to, and recover from such emergencies and
304disasters; to provide for the common defense and to protect the
305public peace, health, and safety; and to preserve the lives and
306property of the people of the state, it is hereby found and
307declared to be necessary:
308     (a)  To create a state emergency management agency to be
309known as the "Office Division of Emergency Management," to
310authorize the creation of local organizations for emergency
311management in the political subdivisions of the state, and to
312authorize cooperation with the Federal Government and the
313governments of other states.
314     (b)  To confer upon the Governor, the Office Division of
315Emergency Management, and the governing body of each political
316subdivision of the state the emergency powers provided herein.
317     Section 11.  Section 252.34, Florida Statutes, is amended
318to read:
319     252.34  Definitions.-As used in this part ss. 252.31-
320252.60, the term:
321     (1)  "Disaster" means any natural, technological, or civil
322emergency that causes damage of sufficient severity and
323magnitude to result in a declaration of a state of emergency by
324a county, the Governor, or the President of the United States.
325Disasters shall be identified by the severity of resulting
326damage, as follows:
327     (a)  "Catastrophic disaster" means a disaster that will
328require massive state and federal assistance, including
329immediate military involvement.
330     (b)  "Major disaster" means a disaster that will likely
331exceed local capabilities and require a broad range of state and
332federal assistance.
333     (c)  "Minor disaster" means a disaster that is likely to be
334within the response capabilities of local government and to
335result in only a minimal need for state or federal assistance.
336     (2)  "Division" means the Division of Emergency Management
337of the Department of Community Affairs, or the successor to that
338division.
339     (2)(3)  "Emergency" means any occurrence, or threat
340thereof, whether natural, technological, or manmade, in war or
341in peace, which results or may result in substantial injury or
342harm to the population or substantial damage to or loss of
343property.
344     (3)(4)  "Emergency management" means the preparation for,
345the mitigation of, the response to, and the recovery from
346emergencies and disasters. Specific emergency management
347responsibilities include, but are not limited to:
348     (a)  Reduction of vulnerability of people and communities
349of this state to damage, injury, and loss of life and property
350resulting from natural, technological, or manmade emergencies or
351hostile military or paramilitary action.
352     (b)  Preparation for prompt and efficient response and
353recovery to protect lives and property affected by emergencies.
354     (c)  Response to emergencies using all systems, plans, and
355resources necessary to preserve adequately the health, safety,
356and welfare of persons or property affected by the emergency.
357     (d)  Recovery from emergencies by providing for the rapid
358and orderly start of restoration and rehabilitation of persons
359and property affected by emergencies.
360     (e)  Provision of an emergency management system embodying
361all aspects of preemergency preparedness and postemergency
362response, recovery, and mitigation.
363     (f)  Assistance in anticipation, recognition, appraisal,
364prevention, and mitigation of emergencies which may be caused or
365aggravated by inadequate planning for, and regulation of, public
366and private facilities and land use.
367     (4)(5)  "Local emergency management agency" means an
368organization created in accordance with the provisions of ss.
369252.31-252.90 to discharge the emergency management
370responsibilities and functions of a political subdivision.
371     (5)(6)  "Manmade emergency" means an emergency caused by an
372action against persons or society, including, but not limited
373to, enemy attack, sabotage, terrorism, civil unrest, or other
374action impairing the orderly administration of government.
375     (6)(7)  "Natural emergency" means an emergency caused by a
376natural event, including, but not limited to, a hurricane, a
377storm, a flood, severe wave action, a drought, or an earthquake.
378     (7)  "Office" means the Office of Emergency Management
379within the Executive Office of the Governor, or the successor to
380that office.
381     (8)  "Political subdivision" means any county or
382municipality created pursuant to law.
383     (9)  "Technological emergency" means an emergency caused by
384a technological failure or accident, including, but not limited
385to, an explosion, transportation accident, radiological
386accident, or chemical or other hazardous material incident.
387     Section 12.  Section 252.35, Florida Statutes, is amended
388to read:
389     252.35  Emergency management powers; Division of Emergency
390Management.-
391     (1)  The office division is responsible for maintaining a
392comprehensive statewide program of emergency management and for
393coordinating the. The division is responsible for coordination
394with efforts of the Federal Government with other departments
395and agencies of state government, with county and municipal
396governments and school boards, and with private agencies that
397have a role in emergency management.
398     (2)  The office division is responsible for carrying out
399the provisions of ss. 252.31-252.90. In performing its duties
400under ss. 252.31-252.90, the office division shall:
401     (a)  Prepare a state comprehensive emergency management
402plan, which shall be integrated into and coordinated with the
403emergency management plans and programs of the Federal
404Government. The office division must adopt the plan as a rule in
405accordance with chapter 120. The plan shall be implemented by a
406continuous, integrated comprehensive emergency management
407program. The plan must contain provisions to ensure that the
408state is prepared for emergencies and minor, major, and
409catastrophic disasters, and the office division shall work
410closely with local governments and agencies and organizations
411with emergency management responsibilities in preparing and
412maintaining the plan. The state comprehensive emergency
413management plan must shall be operations oriented and:
414     1.  Include an evacuation component that includes specific
415regional and interregional planning provisions and promotes
416intergovernmental coordination of evacuation activities. This
417component must, at a minimum: contain guidelines for lifting
418tolls on state highways; ensure coordination pertaining to
419evacuees crossing county lines; set forth procedures for
420directing people caught on evacuation routes to safe shelter;
421establish strategies for ensuring sufficient, reasonably priced
422fueling locations along evacuation routes; and establish
423policies and strategies for emergency medical evacuations.
424     2.  Include a shelter component that includes specific
425regional and interregional planning provisions and promotes
426coordination of shelter activities between the public, private,
427and nonprofit sectors. This component must, at a minimum:
428contain strategies to ensure the availability of adequate public
429shelter space in each region of the state; establish strategies
430for refuge-of-last-resort programs; provide strategies to assist
431local emergency management efforts to ensure that adequate
432staffing plans exist for all shelters, including medical and
433security personnel; provide for a postdisaster communications
434system for public shelters; establish model shelter guidelines
435for operations, registration, inventory, power generation
436capability, information management, and staffing; and set forth
437policy guidance for sheltering people with special needs.
438     3.  Include a postdisaster response and recovery component
439that includes specific regional and interregional planning
440provisions and promotes intergovernmental coordination of
441postdisaster response and recovery activities. This component
442must provide for postdisaster response and recovery strategies
443according to whether a disaster is minor, major, or
444catastrophic. The postdisaster response and recovery component
445must, at a minimum: establish the structure of the state's
446postdisaster response and recovery organization; establish
447procedures for activating the state's plan; set forth policies
448used to guide postdisaster response and recovery activities;
449describe the chain of command during the postdisaster response
450and recovery period; describe initial and continuous
451postdisaster response and recovery actions; identify the roles
452and responsibilities of each involved agency and organization;
453provide for a comprehensive communications plan; establish
454procedures for monitoring mutual aid agreements; provide for
455rapid impact assessment teams; ensure the availability of an
456effective statewide urban search and rescue program coordinated
457with the fire services; ensure the existence of a comprehensive
458statewide medical care and relief plan administered by the
459Department of Health; and establish systems for coordinating
460volunteers and accepting and distributing donated funds and
461goods.
462     4.  Include additional provisions addressing aspects of
463preparedness, response, recovery, and mitigation as determined
464necessary by the office division.
465     5.  Address the need for coordinated and expeditious
466deployment of state resources, including the Florida National
467Guard. In the case of an imminent major disaster, procedures
468should address predeployment of the Florida National Guard, and,
469in the case of an imminent catastrophic disaster, procedures
470should address predeployment of the Florida National Guard and
471the United States Armed Forces.
472     6.  Establish a system of communications and warning to
473ensure that the state's population and emergency management
474agencies are warned of developing emergency situations and can
475communicate emergency response decisions.
476     7.  Establish guidelines and schedules for annual exercises
477that evaluate the ability of the state and its political
478subdivisions to respond to minor, major, and catastrophic
479disasters and support local emergency management agencies. Such
480exercises must shall be coordinated with local governments and,
481to the extent possible, the Federal Government.
482     8.  Assign lead and support responsibilities to state
483agencies and personnel for emergency support functions and other
484support activities.
485
486The complete state comprehensive emergency management plan must
487shall be submitted to the President of the Senate, the Speaker
488of the House of Representatives, and the Governor on February 1
489of every even-numbered year.
490     (b)  Adopt standards and requirements for county emergency
491management plans. The standards and requirements must ensure
492that county plans are coordinated and consistent with the state
493comprehensive emergency management plan. If a municipality
494elects to establish an emergency management program, it must
495adopt a city emergency management plan that complies with all
496standards and requirements applicable to county emergency
497management plans.
498     (c)  Assist political subdivisions in preparing and
499maintaining emergency management plans.
500     (d)  Review periodically political subdivision emergency
501management plans for consistency with the state comprehensive
502emergency management plan and standards and requirements adopted
503under this section.
504     (e)  Cooperate with the President, the heads of the Armed
505Forces, the various federal emergency management agencies, and
506the officers and agencies of other states in matters pertaining
507to emergency management in the state and the nation and
508incidents thereof and, in connection therewith, take any
509measures that it deems proper to carry into effect any request
510of the President and the appropriate federal officers and
511agencies for any emergency management action, including the
512direction or control of:
513     1.  Emergency management drills, tests, or exercises of
514whatever nature.
515     2.  Warnings and signals for tests and drills, attacks, or
516other imminent emergencies or threats thereof and the mechanical
517devices to be used in connection with such warnings and signals.
518     (f)  Make recommendations to the Legislature, building code
519organizations, and political subdivisions for zoning, building,
520and other land use controls; safety measures for securing mobile
521homes or other nonpermanent or semipermanent structures; and
522other preparedness, prevention, and mitigation measures designed
523to eliminate emergencies or reduce their impact.
524     (g)  In accordance with the state comprehensive emergency
525management plan and program for emergency management, ascertain
526the requirements of the state and its political subdivisions for
527equipment and supplies of all kinds in the event of an
528emergency; plan for and either procure supplies, medicines,
529materials, and equipment or enter into memoranda of agreement or
530open purchase orders that will ensure their availability; and
531use and employ from time to time any of the property, services,
532and resources within the state in accordance with ss. 252.31-
533252.90.
534     (h)  Anticipate trends and promote innovations that will
535enhance the emergency management system.
536     (i)  Institute statewide public awareness programs. This
537shall include an intensive public educational campaign on
538emergency preparedness issues, including, but not limited to,
539the personal responsibility of individual citizens to be self-
540sufficient for up to 72 hours following a natural or manmade
541disaster. The public educational campaign must shall include
542relevant information on statewide disaster plans, evacuation
543routes, fuel suppliers, and shelters. All educational materials
544must be available in alternative formats and mediums to ensure
545that they are available to persons with disabilities.
546     (j)  In cooperation with The Division of Emergency
547Management and the Department of Education, shall coordinate
548with the Agency for Persons with Disabilities to provide an
549educational outreach program on disaster preparedness and
550readiness to individuals who have limited English skills and
551identify persons who are in need of assistance but are not
552defined under special-needs criteria.
553     (k)  Prepare and distribute to appropriate state and local
554officials catalogs of federal, state, and private assistance
555programs.
556     (l)  Coordinate federal, state, and local emergency
557management activities and take all other steps, including the
558partial or full mobilization of emergency management forces and
559organizations in advance of an actual emergency, to ensure the
560availability of adequately trained and equipped forces of
561emergency management personnel before, during, and after
562emergencies and disasters.
563     (m)  Establish a schedule of fees that may be charged by
564local emergency management agencies for review of emergency
565management plans on behalf of external agencies and
566institutions. In establishing such schedule, the office division
567shall consider facility size, review complexity, and other
568factors.
569     (n)  Implement training programs to improve the ability of
570state and local emergency management personnel to prepare and
571implement emergency management plans and programs. This includes
572shall include a continuous training program for agencies and
573individuals that will be called on to perform key roles in state
574and local postdisaster response and recovery efforts and for
575local government personnel on federal and state postdisaster
576response and recovery strategies and procedures.
577     (o)  Review Periodically review emergency operating
578procedures of state agencies and recommend revisions as needed
579to ensure consistency with the state comprehensive emergency
580management plan and program.
581     (p)  Make such surveys of industries, resources, and
582facilities within the state, both public and private, as are
583necessary to carry out the purposes of ss. 252.31-252.90.
584     (q)  Prepare, in advance if whenever possible, such
585executive orders, proclamations, and rules for issuance by the
586Governor as are necessary or appropriate for coping with
587emergencies and disasters.
588     (r)  Cooperate with the Federal Government and any public
589or private agency or entity in achieving any purpose of ss.
590252.31-252.90 and in implementing programs for mitigation,
591preparation, response, and recovery.
592     (s)  By January 1, 2007, the Division of Emergency
593Management shall Complete an inventory of portable generators
594owned by the state and local governments which are capable of
595operating during a major disaster. The inventory must identify,
596at a minimum, the location of each generator, the number of
597generators stored at each specific location, the agency to which
598each generator belongs, the primary use of the generator by the
599owner agency, and the names, addresses, and telephone numbers of
600persons having the authority to loan the stored generators as
601authorized by the office Division of Emergency Management during
602a declared emergency.
603     (t)  The division shall Maintain an inventory list of
604generators owned by the state and local governments. In
605addition, the office division may keep a list of private
606entities, along with appropriate contact information, which
607offer generators for sale or lease. The list of private entities
608shall be available to the public for inspection in written and
609electronic formats.
610     (u)  Assist political subdivisions with the creation and
611training of urban search and rescue teams and promote the
612development and maintenance of a state urban search and rescue
613program.
614     (v)  Delegate, as necessary and appropriate, authority
615vested in it under ss. 252.31-252.90 and provide for the
616subdelegation of such authority.
617     (w)  Report biennially to the President of the Senate, the
618Speaker of the House of Representatives, and the Governor, no
619later than February 1 of every odd-numbered year, the status of
620the emergency management capabilities of the state and its
621political subdivisions.
622     (x)  In accordance with chapter 120, create, implement,
623administer, adopt, amend, and rescind rules, programs, and plans
624needed to carry out the provisions of ss. 252.31-252.90 with due
625consideration for, and in cooperating with, the plans and
626programs of the Federal Government. In addition, the office
627division may adopt rules in accordance with chapter 120 to
628administer and distribute federal financial predisaster and
629postdisaster assistance for prevention, mitigation,
630preparedness, response, and recovery.
631     (y)  Do other things necessary, incidental, or appropriate
632for the implementation of ss. 252.31-252.90.
633     Section 13.  Subsection (2) of section 252.355, Florida
634Statutes, is amended to read:
635     252.355  Registry of persons with special needs; notice.-
636     (2)  The office Department of Community Affairs shall be
637the designated lead agency responsible for community education
638and outreach to the public, including special needs clients,
639regarding registration and special needs shelters and general
640information regarding shelter stays.
641     Section 14.  Section 252.61, Florida Statutes, is amended
642to read:
643     252.61  List of persons for contact relating to release of
644toxic substances into atmosphere.-The Office of Emergency
645Management Department of Community Affairs shall maintain a list
646of contact persons after the survey pursuant to s. 403.771 is
647completed.
648     Section 15.  Section 252.82, Florida Statutes, is amended
649to read:
650     252.82  Definitions.-As used in this part:
651     (1)  "Commission" means the State Hazardous Materials
652Emergency Response Commission created pursuant to s. 301 of
653EPCRA.
654     (2)  "Committee" means any local emergency planning
655committee established in the state pursuant to s. 301 of EPCRA.
656     (3)  "Department" means the Department of Community
657Affairs.
658     (3)(4)  "Facility" means facility as defined in s. 329 of
659EPCRA. Vehicles placarded according to title 49 Code of Federal
660Regulations are shall not be considered a facility except for
661purposes of s. 304 of EPCRA.
662     (4)(5)  "Hazardous material" means any hazardous chemical,
663toxic chemical, or extremely hazardous substance, as defined in
664s. 329 of EPCRA.
665     (5)(6)  "EPCRA" means the Emergency Planning and Community
666Right-to-Know Act of 1986, title III of the Superfund Amendments
667and Reauthorization Act of 1986, Pub. L. No. 99-499, ss. 300-
668329, 42 U.S.C. ss. 11001 et seq.; and federal regulations
669adopted thereunder.
670     (6)  "Office" means the Office of Emergency Management
671within the Executive Office of the Governor.
672     (7)  "Trust fund" means the Operating Trust Fund of the
673office Department of Community Affairs.
674     Section 16.  Subsections (3), (8), (9), and (19) of section
675252.936, Florida Statutes, are amended to read:
676     252.936  Definitions.-As used in this part, the term:
677     (3)  "Audit" means a review of information at, a stationary
678source subject to s. 112(r)(7), or submitted by, a stationary
679source subject to s. 112(r)(7), to determine whether that
680stationary source is in compliance with the requirements of this
681part and rules adopted to administer implement this part. Audits
682must include a review of the adequacy of the stationary source's
683Risk Management Plan, may consist of reviews of information
684submitted to the office department or the United States
685Environmental Protection Agency to determine whether the plan is
686complete or whether revisions to the plan are needed, and the
687reviews may be conducted at the stationary source to confirm
688that information onsite is consistent with reported information.
689     (8)  "Department" means the Department of Community
690Affairs.
691     (8)(9)  "Inspection" means a review of information at a
692stationary source subject to s. 112(r)(7), including
693documentation and operating practices and access to the source
694and to any area where an accidental release could occur, to
695determine whether the stationary source is in compliance with
696the requirements of this part or rules adopted to administer
697implement this part.
698     (9)  "Office" means the Office of Emergency Management in
699the Executive Office of the Governor.
700     (19)  "Trust fund" means the Operating Trust Fund of the
701office established in the department's Division of Emergency
702Management.
703     Section 17.  Section 252.937, Florida Statutes, is amended
704to read:
705     252.937  Department powers and duties.-
706     (1)  The office department has the power and duty to:
707     (a)1.  Seek delegation from the United States Environmental
708Protection Agency to implement the Accidental Release Prevention
709Program under s. 112(r)(7) of the Clean Air Act and the federal
710implementing regulations for specified sources subject to s.
711112(r)(7) of the Clean Air Act. Implementation for all other
712sources subject to s. 112(r)(7) of the Clean Air Act shall will
713be performed by the United States Environmental Protection
714Agency; and
715     2.  Ensure the timely submission of Risk Management Plans
716and any subsequent revisions of Risk Management Plans.
717     (b)  Adopt, modify, and repeal rules, with the advice and
718consent of the commission, necessary to obtain delegation from
719the United States Environmental Protection Agency and to
720administer the s. 112(r)(7) Accidental Release Prevention
721Program in this state for the specified stationary sources with
722no expansion or addition of the regulatory program.
723     (c)  Make and execute contracts and other agreements
724necessary or convenient to the administration implementation of
725this part.
726     (d)  Coordinate its activities under this part with its
727other emergency management responsibilities, including its
728responsibilities and activities under parts I, II, and III of
729this chapter and with the related activities of other state and
730local agencies, keeping separate accounts for all activities
731conducted under this part which are supported or partially
732supported from the trust fund.
733     (e)  Establish, with the advice and consent of the
734commission, a technical assistance and outreach program on or
735before January 31, 1999, to assist owners and operators of
736specified stationary sources subject to s. 112(r)(7) in
737complying with the reporting and fee requirements of this part.
738This program is designed to facilitate and ensure timely
739submission of proper certifications or compliance schedules and
740timely submission and registration of Risk Management Plans and
741revised registrations and Risk Management Plans if when required
742for these sources.
743     (f)  Make a quarterly report to the State Emergency
744Response Commission on income and expenses for the state's
745Accidental Release Prevention Program under this part.
746     (2)  To ensure that this program is self-supporting, the
747office department shall provide administrative support,
748including staff, facilities, materials, and services to
749implement this part for specified stationary sources subject to
750s. 252.939 and shall provide necessary funding to local
751emergency planning committees and county emergency management
752agencies for work performed to implement this part. Each state
753agency with regulatory, inspection, or technical assistance
754programs for specified stationary sources subject to this part
755shall enter into a memorandum of understanding with the office
756department which specifically outlines how each agency's staff,
757facilities, materials, and services will be used utilized to
758support implementation. At a minimum, these agencies and
759programs include: the Department of Environmental Protection's
760Division of Air Resources Management and Division of Water
761Resource Management, and the Department of Labor and Employment
762Security's Division of Safety. It is the Legislature's intent to
763implement this part as efficiently and economically as possible,
764using existing expertise and resources, if available and
765appropriate.
766     (3)  To prevent the duplication of investigative efforts
767and resources, the office department, on behalf of the
768commission, shall coordinate with any federal agencies or agents
769thereof, including the federal Chemical Safety and Hazard
770Investigation Board, or its successor, which are performing
771accidental release investigations for specified stationary
772sources, and may coordinate with any agencies of the state which
773are performing accidental release investigations. This
774accidental release investigation coordination is not intended to
775limit or take the place of any individual agency accidental
776release investigation under separate authority.
777     (4)  To promote efficient administration of this program
778and specified stationary sources, the only the office agency
779which may seek delegation from the United States Environmental
780Protection Agency for this program is the Florida Department of
781Community Affairs. Further, the office may Florida Department of
782Community Affairs shall not delegate this program to any local
783environmental agency.
784     Section 18.  Section 252.943, Florida Statutes, is amended
785to read:
786     252.943  Public records.-
787     (1)  The office Department of Community Affairs shall
788protect records, reports, or information or particular parts
789thereof, other than release or emissions data, contained in a
790risk management plan from public disclosure pursuant to ss.
791112(r) and 114(c) of the federal Clean Air Act and authorities
792cited therein, based upon a showing satisfactory to the
793Administrator of the United States Environmental Protection
794Agency, by any owner or operator of a stationary source subject
795to the Accidental Release Prevention Program, that public
796release of such records, reports, or information would divulge
797methods or processes entitled to protection as trade secrets as
798provided for in 40 C.F.R. part 2, subpart B. Such records,
799reports, or information held by the office department are
800confidential and exempt from the provisions of s. 119.07(1) and
801s. 24(a), Art. I of the State Constitution, unless a final
802determination has been made by the Administrator of the
803Environmental Protection Agency that such records, reports, or
804information are not entitled to trade secret protection, or
805pursuant to an order of court.
806     (2)  The office department shall protect records, reports,
807or information or particular parts thereof, other than release
808or emissions data, obtained from an investigation, inspection,
809or audit from public disclosure pursuant to ss. 112(r) and
810114(c) of the federal Clean Air Act and authorities cited
811therein, based upon a showing satisfactory to the Administrator
812of the United States Environmental Protection Agency, by any
813owner or operator of a stationary source subject to the
814Accidental Release Prevention Program, that public release of
815such records, reports, or information would divulge methods or
816processes entitled to protection as trade secrets as provided
817for in 40 C.F.R. part 2, subpart B. Such records, reports, or
818information held by the office department are confidential and
819exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
820of the State Constitution, unless a final determination has been
821made by the Administrator of the Environmental Protection Agency
822that such records, reports, or information are not entitled to
823trade secret protection, or pursuant to a court an order of
824court.
825     Section 19.  Section 252.946, Florida Statutes, is amended
826to read:
827     252.946  Public records.-With regard to information
828submitted to the United States Environmental Protection Agency
829under this part or s. 112(r)(7), the office department of
830Community Affairs, the State Hazardous Materials Emergency
831Response Commission, and any local emergency planning committee
832may assist persons in electronically accessing such information
833held by the United States Environmental Protection Agency in its
834centralized database. If requested, the office department, the
835commission, or a committee may furnish copies of such United
836States Environmental Protection Agency records.
837     Section 20.  Paragraph (a) of subsection (4) of section
838282.34, Florida Statutes, is amended to read:
839     282.34  Statewide e-mail service.-A state e-mail system
840that includes the delivery and support of e-mail, messaging, and
841calendaring capabilities is established as an enterprise
842information technology service as defined in s. 282.0041. The
843service shall be designed to meet the needs of all executive
844branch agencies. The primary goals of the service are to
845minimize the state investment required to establish, operate,
846and support the statewide service; reduce the cost of current e-
847mail operations and the number of duplicative e-mail systems;
848and eliminate the need for each state agency to maintain its own
849e-mail staff.
850     (4)  All agencies must be completely migrated to the
851statewide e-mail service as soon as financially and
852operationally feasible, but no later than June 30, 2015.
853     (a)  The following statewide e-mail service implementation
854schedule is established for state agencies:
855     1.  Phase 1.-The following agencies must be completely
856migrated to the statewide e-mail system by June 30, 2012: the
857Agency for Enterprise Information Technology; the Department of
858Community Affairs, including the Division of Emergency
859Management; the Department of Corrections; the Department of
860Health; the Department of Highway Safety and Motor Vehicles; the
861Department of Management Services, including the Division of
862Administrative Hearings, the Division of Retirement, the
863Commission on Human Relations, and the Public Employees
864Relations Commission; the Southwood Shared Resource Center; and
865the Department of Revenue.
866     2.  Phase 2.-The following agencies must be completely
867migrated to the statewide e-mail system by June 30, 2013: the
868Department of Business and Professional Regulation; the
869Department of Education, including the Board of Governors; the
870Department of Environmental Protection; the Department of
871Juvenile Justice; the Department of the Lottery; the Department
872of State; the Department of Law Enforcement; the Department of
873Veterans' Affairs; the Judicial Administration Commission; the
874Public Service Commission; and the Statewide Guardian Ad Litem
875Office.
876     3.  Phase 3.-The following agencies must be completely
877migrated to the statewide e-mail system by June 30, 2014: the
878Agency for Health Care Administration; the Agency for Workforce
879Innovation; the Department of Financial Services, including the
880Office of Financial Regulation and the Office of Insurance
881Regulation; the Department of Agriculture and Consumer Services;
882the Executive Office of the Governor, including the Office of
883Emergency Management; the Department of Transportation; the Fish
884and Wildlife Conservation Commission; the Agency for Persons
885With Disabilities; the Northwood Shared Resource Center; and the
886State Board of Administration.
887     4.  Phase 4.-The following agencies must be completely
888migrated to the statewide e-mail system by June 30, 2015: the
889Department of Children and Family Services; the Department of
890Citrus; the Department of Elderly Affairs; and the Department of
891Legal Affairs.
892     Section 21.  Paragraphs (a) and (d) of subsection (1) and
893subsection (4) of section 282.709, Florida Statutes, are amended
894to read:
895     282.709  State agency law enforcement radio system and
896interoperability network.-
897     (1)  The department may acquire and administer a statewide
898radio communications system to serve law enforcement units of
899state agencies, and to serve local law enforcement agencies
900through mutual aid channels.
901     (a)  The department shall, in conjunction with the
902Department of Law Enforcement and the Office Division of
903Emergency Management of the Department of Community Affairs,
904establish policies, procedures, and standards to be incorporated
905into a comprehensive management plan for the use and operation
906of the statewide radio communications system.
907     (d)  The department shall exercise its powers and duties
908under this part to plan, manage, and administer the mutual aid
909channels in the statewide radio communication system.
910     1.  In implementing such powers and duties, the department
911shall consult and act in conjunction with the Department of Law
912Enforcement and the Office Division of Emergency Management of
913the Department of Community Affairs, and shall manage and
914administer the mutual aid channels in a manner that reasonably
915addresses the needs and concerns of the involved law enforcement
916agencies and emergency response agencies and entities.
917     2.  The department may make the mutual aid channels
918available to federal agencies, state agencies, and agencies of
919the political subdivisions of the state for the purpose of
920public safety and domestic security.
921     (4)  The department may create and administer an
922interoperability network to enable interoperability between
923various radio communications technologies and to serve federal
924agencies, state agencies, and agencies of political subdivisions
925of the state for the purpose of public safety and domestic
926security.
927     (a)  The department shall, in conjunction with the
928Department of Law Enforcement and the Office Division of
929Emergency Management of the Department of Community Affairs,
930exercise its powers and duties pursuant to this chapter to plan,
931manage, and administer the interoperability network. The office
932may:
933     1.  Enter into mutual aid agreements among federal
934agencies, state agencies, and political subdivisions of the
935state for the use of the interoperability network.
936     2.  Establish the cost of maintenance and operation of the
937interoperability network and charge subscribing federal and
938local law enforcement agencies for access and use of the
939network. The department may not charge state law enforcement
940agencies identified in paragraph (2)(a) to use the network.
941     3.  In consultation with the Department of Law Enforcement
942and the Office Division of Emergency Management of the
943Department of Community Affairs, amend and enhance the statewide
944radio communications system as necessary to implement the
945interoperability network.
946     (b)  The department, in consultation with the Joint Task
947Force on State Agency Law Enforcement Communications, and in
948conjunction with the Department of Law Enforcement and the
949Office Division of Emergency Management of the Department of
950Community Affairs, shall establish policies, procedures, and
951standards to incorporate into a comprehensive management plan
952for the use and operation of the interoperability network.
953     Section 22.  Paragraph (l) of subsection (1) of section
954311.115, Florida Statutes, is amended to read:
955     311.115  Seaport Security Standards Advisory Council.-The
956Seaport Security Standards Advisory Council is created under the
957Office of Drug Control. The council shall serve as an advisory
958council as provided in s. 20.03(7).
959     (1)  The members of the council shall be appointed by the
960Governor and consist of the following:
961     (l)  The Director of the Office Division of Emergency
962Management, or his or her designee.
963     Section 23.  Subsections (1) and (2), paragraph (b) of
964subsection (3), and paragraph (b) of subsection (4) of section
965526.143, Florida Statutes, are amended to read:
966     526.143  Alternate generated power capacity for motor fuel
967dispensing facilities.-
968     (1)  By June 1, 2007, Each motor fuel terminal facility, as
969defined in s. 526.303(16), and each wholesaler, as defined in s.
970526.303(17), which sells motor fuel in this state must be
971capable of operating its distribution loading racks using an
972alternate generated power source for a minimum of 72 hours.
973Pending a postdisaster examination of the equipment by the
974operator to determine any extenuating damage that would render
975it unsafe to use, the facility must have such alternate
976generated power source available for operation within no later
977than 36 hours after a major disaster as defined in s. 252.34.
978Installation of appropriate wiring, including a transfer switch,
979shall be performed by a certified electrical contractor. Each
980business that is subject to this subsection must keep a copy of
981the documentation of such installation on site or at its
982corporate headquarters. In addition, each business must keep a
983written statement attesting to the periodic testing and ensured
984operational capacity of the equipment. The required documents
985must be made available, upon request, to the Office Division of
986Emergency Management and the director of the county emergency
987management agency.
988     (2)  Each newly constructed or substantially renovated
989motor fuel retail outlet, as defined in s. 526.303(14), for
990which a certificate of occupancy is issued on or after July 1,
9912006, shall be prewired with an appropriate transfer switch, and
992capable of operating all fuel pumps, dispensing equipment,
993lifesafety systems, and payment-acceptance equipment using an
994alternate generated power source. As used in this subsection,
995the term "substantially renovated" means a renovation that
996results in an increase of greater than 50 percent in the
997assessed value of the motor fuel retail outlet. Local building
998inspectors shall include this equipment and operations check in
999the normal inspection process before issuing a certificate of
1000occupancy. Each retail outlet that is subject to this subsection
1001must keep a copy of the certificate of occupancy on site or at
1002its corporate headquarters. In addition, each retail outlet must
1003keep a written statement attesting to the periodic testing of
1004and ensured operational capability of the equipment. The
1005required documents must be made available, upon request, to the
1006Office Division of Emergency Management and the director of the
1007county emergency management agency.
1008     (3)
1009     (b)  Installation of appropriate wiring and transfer
1010switches must be performed by a certified electrical contractor.
1011Each retail outlet that is subject to this subsection must keep
1012a copy of the documentation of such installation on site or at
1013its corporate headquarters. In addition, each retail outlet must
1014keep a written statement attesting to the periodic testing of
1015and ensured operational capacity of the equipment. The required
1016documents must be made available, upon request, to the Office
1017Division of Emergency Management and the director of the county
1018emergency management agency.
1019     (4)
1020     (b)  Subsections (2) and (3) do not apply to:
1021     1.  An automobile dealer;
1022     2.  A person who operates a fleet of motor vehicles;
1023     3.  A person who sells motor fuel exclusively to a fleet of
1024motor vehicles; or
1025     4.  A motor fuel retail outlet that has a written agreement
1026with a public hospital, in a form approved by the Office
1027Division of Emergency Management, wherein the public hospital
1028agrees to provide the motor fuel retail outlet with an
1029alternative means of power generation onsite so that the
1030outlet's fuel pumps may be operated in the event of a power
1031outage.
1032     Section 24.  Paragraph (a) of subsection (1) and paragraph
1033(b) of subsection (4) of section 526.144, Florida Statutes, are
1034amended to read:
1035     526.144  Florida Disaster Motor Fuel Supplier Program.-
1036     (1)(a)  There is created the Florida Disaster Motor Fuel
1037Supplier Program within the Office of Emergency Management
1038Department of Community Affairs.
1039     (4)
1040     (b)  Notwithstanding any other law or other ordinance and
1041for the purpose of ensuring an appropriate emergency management
1042response following major disasters in this state, the regulation
1043of all other retail establishments participating in such
1044response is shall be as follows:
1045     1.  Regulation of retail establishments that meet the
1046standards created by the Office Division of Emergency Management
1047in the report required in s. 8, chapter 2006-71, Laws of
1048Florida, by July 1, 2007, is preempted to the state and until
1049such standards are adopted, the regulation of these retail
1050establishments is preempted to the state;
1051     2.  The division shall provide written certification of
1052such preemption to retail establishments that qualify and shall
1053provide such information to local governments upon request; and
1054     3.  Regulation of retail establishments that do not meet
1055the operational standards is subject to local government laws or
1056ordinances.
1057     Section 25.  Paragraph (b) of subsection (2) of section
1058627.0628, Florida Statutes, is amended to read:
1059     627.0628  Florida Commission on Hurricane Loss Projection
1060Methodology; public records exemption; public meetings
1061exemption.-
1062     (2)  COMMISSION CREATED.-
1063     (b)  The commission shall consist of the following 11
1064members:
1065     1.  The insurance consumer advocate.
1066     2.  The senior employee of the State Board of
1067Administration responsible for operations of the Florida
1068Hurricane Catastrophe Fund.
1069     3.  The Executive Director of the Citizens Property
1070Insurance Corporation.
1071     4.  The Director of the Office Division of Emergency
1072Management of the Department of Community Affairs.
1073     5.  The actuary member of the Florida Hurricane Catastrophe
1074Fund Advisory Council.
1075     6.  An employee of the office who is an actuary responsible
1076for property insurance rate filings and who is appointed by the
1077director of the office.
1078     7.  Five members appointed by the Chief Financial Officer,
1079as follows:
1080     a.  An actuary who is employed full time by a property and
1081casualty insurer which was responsible for at least 1 percent of
1082the aggregate statewide direct written premium for homeowner's
1083insurance in the calendar year preceding the member's
1084appointment to the commission.
1085     b.  An expert in insurance finance who is a full-time
1086member of the faculty of the State University System and who has
1087a background in actuarial science.
1088     c.  An expert in statistics who is a full-time member of
1089the faculty of the State University System and who has a
1090background in insurance.
1091     d.  An expert in computer system design who is a full-time
1092member of the faculty of the State University System.
1093     e.  An expert in meteorology who is a full-time member of
1094the faculty of the State University System and who specializes
1095in hurricanes.
1096     Section 26.  Paragraph (d) of subsection (2) of section
1097768.13, Florida Statutes, is amended to read:
1098     768.13  Good Samaritan Act; immunity from civil liability.-
1099     (2)
1100     (d)  Any person whose acts or omissions are not otherwise
1101covered by this section and who participates in emergency
1102response activities under the direction of or in connection with
1103a community emergency response team, local emergency management
1104agencies, the Office Division of Emergency Management of the
1105Department of Community Affairs, or the Federal Emergency
1106Management Agency is not liable for any civil damages as a
1107result of care, treatment, or services provided gratuitously in
1108such capacity and resulting from any act or failure to act in
1109such capacity in providing or arranging further care, treatment,
1110or services, if such person acts as a reasonably prudent person
1111would have acted under the same or similar circumstances.
1112     Section 27.  Subsection (14) of section 943.03, Florida
1113Statutes, is amended to read:
1114     943.03  Department of Law Enforcement.-
1115     (14)  The department, with respect to counter-terrorism
1116efforts, responses to acts of terrorism within or affecting this
1117state, and other matters related to the domestic security of
1118Florida as it relates to terrorism, shall coordinate and direct
1119the law enforcement, initial emergency, and other initial
1120responses. The department shall work closely with the Office
1121Division of Emergency Management, other federal, state, and
1122local law enforcement agencies, fire and rescue agencies, first-
1123responder agencies, and others involved in preparation against
1124acts of terrorism in or affecting this state and in the response
1125to such acts. The executive director of the department, or
1126another member of the department designated by the director,
1127shall serve as Chief of Domestic Security for the purpose of
1128directing and coordinating such efforts. The department and
1129Chief of Domestic Security shall use the regional domestic
1130security task forces as established in this chapter to assist in
1131such efforts.
1132     Section 28.  Section 943.03101, Florida Statutes, is
1133amended to read:
1134     943.03101  Counter-terrorism coordination.-The Legislature
1135finds that with respect to counter-terrorism efforts and initial
1136responses to acts of terrorism within or affecting this state,
1137specialized efforts of emergency management which that are
1138unique to such situations are required and that these efforts
1139intrinsically involve very close coordination of federal, state,
1140and local law enforcement agencies with the efforts of all
1141others involved in emergency-response efforts. In order to best
1142provide this specialized effort with respect to counter-
1143terrorism efforts and responses, the Legislature has determined
1144that such efforts should be coordinated by and through the
1145Department of Law Enforcement, working closely with the Office
1146Division of Emergency Management and others involved in
1147preparation against acts of terrorism in or affecting this
1148state, and in the initial response to such acts, in accordance
1149with the state comprehensive emergency management plan prepared
1150pursuant to s. 252.35(2)(a).
1151     Section 29.  Paragraph (d) of subsection (1) and subsection
1152(3) of section 943.0312, Florida Statutes, are amended to read:
1153     943.0312  Regional domestic security task forces.-The
1154Legislature finds that there is a need to develop and implement
1155a statewide strategy to address prevention, preparation,
1156protection, response, and recovery efforts by federal, state,
1157and local law enforcement agencies, emergency management
1158agencies, fire and rescue departments, first-responder personnel
1159and others in dealing with potential or actual terrorist acts
1160within or affecting this state.
1161     (1)  To assist the department and the Chief of Domestic
1162Security in performing their roles and duties in this regard,
1163the department shall establish a regional domestic security task
1164force in each of the department's operational regions. The task
1165forces shall serve in an advisory capacity to the department and
1166the Chief of Domestic Security and shall provide support to the
1167department in its performance of functions pertaining to
1168domestic security.
1169     (d)  The co-chairs of each task force may appoint
1170subcommittees and subcommittee chairs as necessary in order to
1171address issues related to the various disciplines represented on
1172the task force, except that subcommittee chairs for emergency
1173management shall be appointed with the approval of the director
1174of the Office Division of Emergency Management. A subcommittee
1175chair shall serve at the pleasure of the co-chairs.
1176     (3)  The Chief of Domestic Security, in conjunction with
1177the Office Division of Emergency Management, the regional
1178domestic security task forces, and the various state entities
1179responsible for establishing training standards applicable to
1180state law enforcement officers and fire, emergency, and first-
1181responder personnel shall identify appropriate equipment and
1182training needs, curricula, and materials related to the
1183effective response to suspected or actual acts of terrorism or
1184incidents involving real or hoax weapons of mass destruction as
1185defined in s. 790.166. Recommendations for funding for purchases
1186of equipment, delivery of training, implementation of, or
1187revision to basic or continued training required for state
1188licensure or certification, or other related responses shall be
1189made by the Chief of Domestic Security to the Domestic Security
1190Oversight Council, the Executive Office of the Governor, the
1191President of the Senate, and the Speaker of the House of
1192Representatives as necessary to ensure that the needs of this
1193state with regard to the preparing, equipping, training, and
1194exercising of response personnel are identified and addressed.
1195In making such recommendations, the Chief of Domestic Security
1196and the Office Division of Emergency Management shall identify
1197all funding sources that may be available to fund such efforts.
1198     Section 30.  Paragraph (a) of subsection (1), paragraph (b)
1199of subsection (2), and paragraph (b) of subsection (4) of
1200section 943.0313, Florida Statutes, are amended to read:
1201     943.0313  Domestic Security Oversight Council.-The
1202Legislature finds that there exists a need to provide executive
1203direction and leadership with respect to terrorism prevention,
1204preparation, protection, response, and recovery efforts by state
1205and local agencies in this state. In recognition of this need,
1206the Domestic Security Oversight Council is hereby created. The
1207council shall serve as an advisory council pursuant to s.
120820.03(7) to provide guidance to the state's regional domestic
1209security task forces and other domestic security working groups
1210and to make recommendations to the Governor and the Legislature
1211regarding the expenditure of funds and allocation of resources
1212related to counter-terrorism and domestic security efforts.
1213     (1)  MEMBERSHIP.-
1214     (a)  The Domestic Security Oversight Council shall consist
1215of the following voting members:
1216     1.  The executive director of the Department of Law
1217Enforcement.
1218     2.  The director of the Office Division of Emergency
1219Management within the Department of Community Affairs.
1220     3.  The Attorney General.
1221     4.  The Commissioner of Agriculture.
1222     5.  The State Surgeon General.
1223     6.  The Commissioner of Education.
1224     7.  The State Fire Marshal.
1225     8.  The adjutant general of the Florida National Guard.
1226     9.  The state chief information officer.
1227     10.  Each sheriff or chief of police who serves as a co-
1228chair of a regional domestic security task force pursuant to s.
1229943.0312(1)(b).
1230     11.  Each of the department's special agents in charge who
1231serve as a co-chair of a regional domestic security task force.
1232     12.  Two representatives of the Florida Fire Chiefs
1233Association.
1234     13.  One representative of the Florida Police Chiefs
1235Association.
1236     14.  One representative of the Florida Prosecuting
1237Attorneys Association.
1238     15.  The chair of the Statewide Domestic Security
1239Intelligence Committee.
1240     16.  One representative of the Florida Hospital
1241Association.
1242     17.  One representative of the Emergency Medical Services
1243Advisory Council.
1244     18.  One representative of the Florida Emergency
1245Preparedness Association.
1246     19.  One representative of the Florida Seaport
1247Transportation and Economic Development Council.
1248     (2)  ORGANIZATION.-
1249     (b)  The executive director of the Department of Law
1250Enforcement shall serve as chair of the council, and the
1251director of the Office Division of Emergency Management within
1252the Department of Community Affairs shall serve as vice chair of
1253the council. In the absence of the chair, the vice chair shall
1254serve as chair. In the absence of the vice chair, the chair may
1255name any member of the council to perform the duties of the
1256chair if such substitution does not extend beyond a defined
1257meeting, duty, or period of time.
1258     (4)  EXECUTIVE COMMITTEE.-
1259     (b)  The executive director of the Department of Law
1260Enforcement shall serve as the chair of the executive committee,
1261and the director of the Office Division of Emergency Management
1262within the Department of Community Affairs shall serve as the
1263vice chair of the executive committee.
1264     Section 31.  Subsection (3) of section 112.3135, Florida
1265Statutes, is amended to read:
1266     112.3135  Restriction on employment of relatives.-
1267     (3)  An agency may prescribe regulations authorizing the
1268temporary employment, in the event of an emergency as defined in
1269s. 252.34(3), of individuals whose employment would be otherwise
1270prohibited by this section.
1271     Section 32.  Paragraph (d) of subsection (2) of section
1272119.071, Florida Statutes, is amended to read:
1273     119.071  General exemptions from inspection or copying of
1274public records.-
1275     (2)  AGENCY INVESTIGATIONS.-
1276     (d)  Any information revealing surveillance techniques or
1277procedures or personnel is exempt from s. 119.07(1) and s.
127824(a), Art. I of the State Constitution. Any comprehensive
1279inventory of state and local law enforcement resources compiled
1280pursuant to part I, chapter 23, and any comprehensive policies
1281or plans compiled by a criminal justice agency pertaining to the
1282mobilization, deployment, or tactical operations involved in
1283responding to an emergency emergencies, as defined in s.
1284252.34(3), are exempt from s. 119.07(1) and s. 24(a), Art. I of
1285the State Constitution and unavailable for inspection, except by
1286personnel authorized by a state or local law enforcement agency,
1287the office of the Governor, the Department of Legal Affairs, the
1288Department of Law Enforcement, or the Department of Community
1289Affairs as having an official need for access to the inventory
1290or comprehensive policies or plans.
1291     Section 33.  Paragraph (c) of subsection (1) of section
1292163.03, Florida Statutes, is amended to read:
1293     163.03  Secretary of Community Affairs; powers and duties;
1294function of Department of Community Affairs with respect to
1295federal grant-in-aid programs.-
1296     (1)  The Secretary of Community Affairs shall:
1297     (c)  Under the direction of the Governor, administer
1298programs to apply rapidly all available aid to communities
1299stricken by an emergency as defined in s. 252.34(3) and, for
1300this purpose, provide liaison with federal agencies and other
1301public and private agencies.
1302     Section 34.  Subsection (10) of section 163.360, Florida
1303Statutes, is amended to read:
1304     163.360  Community redevelopment plans.-
1305     (10)  Notwithstanding any other provisions of this part, if
1306when the governing body certifies that an area is in need of
1307redevelopment or rehabilitation as a result of an emergency as
1308defined in under s. 252.34(3), with respect to which the
1309Governor has certified the need for emergency assistance under
1310federal law, that area may be certified as a "blighted area,"
1311and the governing body may approve a community redevelopment
1312plan and community redevelopment with respect to such area
1313without regard to the provisions of this section requiring a
1314general plan for the county or municipality and a public hearing
1315on the community redevelopment.
1316     Section 35.  Subsection (1) of section 175.021, Florida
1317Statutes, is amended to read:
1318     175.021  Legislative declaration.-
1319     (1)  It is hereby declared by the Legislature that
1320firefighters, as hereinafter defined, perform state and
1321municipal functions; that it is their duty to extinguish fires,
1322to protect life, and to protect property at their own risk and
1323peril; that it is their duty to prevent conflagration and to
1324continuously instruct school personnel, public officials, and
1325private citizens in the prevention of fires and firesafety; that
1326they protect both life and property from local emergencies as
1327defined in s. 252.34(3); and that their activities are vital to
1328the public safety. It is further declared that firefighters
1329employed by special fire control districts serve under the same
1330circumstances and perform the same duties as firefighters
1331employed by municipalities and should therefore be entitled to
1332the benefits available under this chapter. Therefore, the
1333Legislature declares that it is a proper and legitimate state
1334purpose to provide a uniform retirement system for the benefit
1335of firefighters as hereinafter defined and intends, in
1336implementing the provisions of s. 14, Art. X of the State
1337Constitution as they relate to municipal and special district
1338firefighters' pension trust fund systems and plans, that such
1339retirement systems or plans be managed, administered, operated,
1340and funded in such manner as to maximize the protection of the
1341firefighters' pension trust funds. Pursuant to s. 18, Art. VII
1342of the State Constitution, the Legislature hereby determines and
1343declares that the provisions of this act fulfill an important
1344state interest.
1345     Section 36.  Subsection (11) of section 186.505, Florida
1346Statutes, is amended to read:
1347     186.505  Regional planning councils; powers and duties.-Any
1348regional planning council created hereunder shall have the
1349following powers:
1350     (11)  To cooperate, in the exercise of its planning
1351functions, with federal and state agencies in planning for
1352emergency management as defined in under s. 252.34(4).
1353     Section 37.  Subsection (1) of section 216.231, Florida
1354Statutes, is amended to read:
1355     216.231  Release of certain classified appropriations.-
1356     (1)(a)  Any appropriation to the Executive Office of the
1357Governor which is classified as an "emergency," as defined in s.
1358252.34(3), may be released only with the approval of the
1359Governor. The state agency, or the judicial branch, desiring the
1360use of the emergency appropriation shall submit to the Executive
1361Office of the Governor application therefor in writing setting
1362forth the facts from which the alleged need arises. The
1363Executive Office of the Governor shall, at a public hearing,
1364review such application promptly and approve or disapprove the
1365applications as the circumstances may warrant. All actions of
1366the Executive Office of the Governor shall be reported to the
1367legislative appropriations committees, and the committees may
1368advise the Executive Office of the Governor relative to the
1369release of such funds.
1370     (b)  The release of appropriated funds classified as
1371"emergency" shall be approved only if when an act or
1372circumstance caused by an act of God, civil disturbance, natural
1373disaster, or other circumstance of an emergency nature
1374threatens, endangers, or damages the property, safety, health,
1375or welfare of the state or its residents citizens, which
1376condition has not been provided for in appropriation acts of the
1377Legislature. Funds allocated for this purpose may be used to pay
1378overtime pay to personnel of agencies called upon to perform
1379extra duty because of any civil disturbance or other emergency
1380as defined in s. 252.34(3) and to provide the required state
1381match for federal grants under the federal Disaster Relief Act.
1382     Section 38.  Subsections (3) and (4) of section 250.06,
1383Florida Statutes, are amended to read:
1384     250.06  Commander in chief.-
1385     (3)  The Governor may, in order to preserve the public
1386peace, execute the laws of the state, suppress insurrection,
1387repel invasion, respond to an emergency as defined in s.
1388252.34(3) or imminent danger thereof, or, in case of the calling
1389of all or any portion of the militia of this state Florida into
1390the services of the United States, may increase the Florida
1391National Guard and organize it in accordance with rules and
1392regulations governing the Armed Forces of the United States.
1393Such organization and increase may be pursuant to or in advance
1394of any call made by the President of the United States. If the
1395Florida National Guard is activated into service of the United
1396States, another organization may not be designated as the
1397Florida National Guard.
1398     (4)  The Governor may, in order to preserve the public
1399peace, execute the laws of the state, enhance domestic security,
1400respond to terrorist threats or attacks, respond to an emergency
1401as defined in s. 252.34(3) or imminent danger thereof, or
1402respond to any need for emergency aid to civil authorities as
1403specified in s. 250.28, order into state active duty all or any
1404part of the militia which he or she deems proper.
1405     Section 39.  Paragraph (g) of subsection (7) of section
1406339.135, Florida Statutes, is amended to read:
1407     339.135  Work program; legislative budget request;
1408definitions; preparation, adoption, execution, and amendment.-
1409     (7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.-
1410     (g)  Notwithstanding the requirements in paragraphs (d) and
1411(g) and ss. 216.177(2) and 216.351, the secretary may request
1412the Executive Office of the Governor to amend the adopted work
1413program when an emergency exists, as defined in s. 252.34(3),
1414and the emergency relates to the repair or rehabilitation of any
1415state transportation facility. The Executive Office of the
1416Governor may approve the amendment to the adopted work program
1417and amend that portion of the department's approved budget if a
1418in the event that the delay incident to the notification
1419requirements in paragraph (d) would be detrimental to the
1420interests of the state. However, the department shall
1421immediately notify the parties specified in paragraph (d) and
1422shall provide such parties written justification for the
1423emergency action within 7 days after of the approval by the
1424Executive Office of the Governor of the amendment to the adopted
1425work program and the department's budget. In no event may The
1426adopted work program may not be amended under the provisions of
1427this subsection without the certification by the comptroller of
1428the department that there are sufficient funds available
1429pursuant to the 36-month cash forecast and applicable statutes.
1430     Section 40.  Paragraph (b) of subsection (2) of section
1431429.907, Florida Statutes, is amended to read:
1432     429.907  License requirement; fee; exemption; display.-
1433     (2)
1434     (b)  If In the event a licensed center becomes wholly or
1435substantially unusable due to a disaster as defined in s.
1436252.34(1) or due to an emergency as those terms are defined in
1437s. 252.34(3):
1438     1.  The licensee may continue to operate under its current
1439license in a premise or premises separate from that authorized
1440under the license if the licensee has:
1441     a.  Specified the location of the premise or premises in
1442its comprehensive emergency management plan submitted to and
1443approved by the applicable county emergency management
1444authority; and
1445     b.  Notified the agency and the county emergency management
1446authority within 24 hours of operating in the separate premise
1447or premises.
1448     2.  The licensee shall operate the separate premise or
1449premises only while the licensed center's original location is
1450substantially unusable and for up to no longer than 180 days.
1451The agency may extend use of the alternate premise or premises
1452beyond the initial 180 days. The agency may also review the
1453operation of the disaster premise or premises quarterly.
1454     Section 41.  The Division of Statutory Revision is
1455requested to prepare a reviser's bill for introduction at the
1456next regular session of the Legislature to conform the Florida
1457Statutes to changes made by this act.
1458     Section 42.  Except as otherwise expressly provided in this
1459act and except for this section, which shall take effect upon
1460this act becoming a law, this act shall take effect October 1,
14612011.


CODING: Words stricken are deletions; words underlined are additions.
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