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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1245 Detail]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

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CS/HB 1245

1	A bill to be entitled
2	An act relating to the Division of Emergency Management;
3	transferring the division to the Executive Office of the
4	Governor and renaming it the "Office of Emergency
5	Management"; creating s. 14.2016, F.S.; establishing the
6	Office of Emergency Management in the Executive Office of
7	the Governor; amending ss. 20.18 and 125.01045, F.S.;
8	conforming provisions to changes made by the act; amending
9	s. 215.559, F.S.; revising the membership of the Hurricane
10	Loss Mitigation Program's advisory group; extending the
11	expiration date of provisions authorizing the use of funds
12	for specified hurricane shelters; conforming provisions to
13	changes made by the act; amending ss. 163.3178, 166.0446,
14	215.5586, 252.32, 252.34, 252.35, 252.355, 252.61, 252.82,
15	252.936, 252.937, 252.943, 252.946, 282.34, 282.709,
16	311.115, 526.143, 526.144, 627.0628, 768.13, 943.03,
17	943.03101, 943.0312, and 943.0313, F.S.; conforming
18	provisions to changes made by the act; amending ss.
19	112.3135, 119.071, 163.03, 163.360, 175.021, 186.505,
20	216.231, 250.06, 339.135, and 429.907, F.S.; conforming
21	cross-references; providing a directive to the Division of
22	Statutory Revision; providing an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Effective July 1, 2011, the Division of
27	Emergency Management of the Department of Community Affairs is
28	transferred by a type two transfer, as defined in s. 20.06(2),
29	Florida Statutes, to the Executive Office of the Governor and
30	renamed the Office of Emergency Management.
31	Section 2.  Section 14.2016, Florida Statutes, is created
32	to read:
33	14.2016  Office of Emergency Management.-The Office of
34	Emergency Management is established within the Executive Office
35	of the Governor. The office shall be a separate budget entity,
36	as provided in the General Appropriations Act, and shall prepare
37	and submit a budget request in accordance with chapter 216. The
38	office shall be responsible for all professional, technical, and
39	administrative support functions necessary to carry out its
40	responsibilities under part I of chapter 252. The director of
41	the office shall be appointed by and serve at the pleasure of
42	the Governor, and shall be the head of the office for all
43	purposes. The office shall administer programs to apply rapidly
44	all available aid to communities stricken by an emergency as
45	defined in s. 252.34 and, for this purpose, provide liaison with
46	federal agencies and other public and private agencies.
47	Section 3.  Subsection (2) of section 20.18, Florida
48	Statutes, is amended to read:
49	20.18  Department of Community Affairs.-There is created a
50	Department of Community Affairs.
51	(2)  The following units of the Department of Community
52	Affairs are established:
53	(a)  Division of Emergency Management. The division is a
54	separate budget entity and is not subject to control,
55	supervision, or direction by the Department of Community Affairs
56	in any manner including, but not limited to, personnel,
57	purchasing, transactions involving personal property, and
58	budgetary matters. The division director shall be appointed by
59	the Governor, shall serve at the pleasure of the Governor, and
60	shall be the agency head of the division for all purposes. The
61	division shall enter into a service agreement with the
62	department for professional, technological, and administrative
63	support services. The division shall collaborate and coordinate
64	with the department on nonemergency response matters, including,
65	but not limited to, disaster recovery programs, grant programs,
66	mitigation programs, and emergency matters related to
67	comprehensive plans.
68	(a)(b)  Division of Housing and Community Development.
69	(b)(c)  Division of Community Planning.
70	Section 4.  Subsection (1) of section 125.01045, Florida
71	Statutes, is amended to read:
72	125.01045  Prohibition of fees for first responder
73	services.-
74	(1)  A county may not impose a fee or seek reimbursement
75	for any costs or expenses that may be incurred for services
76	provided by a first responder, including costs or expenses
77	related to personnel, supplies, motor vehicles, or equipment in
78	response to a motor vehicle accident, except for costs to
79	contain or clean up hazardous materials in quantities reportable
80	to the Florida State Warning Point at the Office Division of
81	Emergency Management, and costs for transportation and treatment
82	provided by ambulance services licensed pursuant to s. 401.23(4)
83	and (5).
84	Section 5.  Section 215.559, Florida Statutes, is amended
85	to read:
86	215.559  Hurricane Loss Mitigation Program.-
87	(1)  There is created A Hurricane Loss Mitigation Program
88	is established in the Office of Emergency Management.
89	(1)  The Legislature shall annually appropriate $10 million
90	of the moneys authorized for appropriation under s.
91	215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the
92	office Department of Community Affairs for the purposes set
93	forth in this section. Of that amount:
94	(2)(a)  Seven million dollars in funds provided in
95	subsection (1) shall be used for programs to improve the wind
96	resistance of residences and mobile homes, including loans,
97	subsidies, grants, demonstration projects, and direct
98	assistance; educating persons concerning the Florida Building
99	Code cooperative programs with local governments and the Federal
100	Government; and other efforts to prevent or reduce losses or
101	reduce the cost of rebuilding after a disaster.
102	(b)  Three million dollars in funds provided in subsection
103	(1) shall be used to retrofit existing facilities used as public
104	hurricane shelters. Each year the office shall department must
105	prioritize the use of these funds for projects included in the
106	annual report of the September 1, 2000, version of the Shelter
107	Retrofit Report prepared in accordance with s. 252.385(3), and
108	each annual report thereafter. The office department must give
109	funding priority to projects in regional planning council
110	regions that have shelter deficits and to projects that maximize
111	the use of state funds.
112	(2)(3)(a)  Forty percent of the total appropriation in
113	paragraph (1)(a) (2)(a) shall be used to inspect and improve
114	tie-downs for mobile homes.
115	(b)1.  There is created The Manufactured Housing and Mobile
116	Home Mitigation and Enhancement Program is established. The
117	program shall require the mitigation of damage to or the
118	enhancement of homes for the areas of concern raised by the
119	Department of Highway Safety and Motor Vehicles in the 2004-2005
120	Hurricane Reports on the effects of the 2004 and 2005 hurricanes
121	on manufactured and mobile homes in this state. The mitigation
122	or enhancement must include, but need not be limited to,
123	problems associated with weakened trusses, studs, and other
124	structural components caused by wood rot or termite damage;
125	site-built additions; or tie-down systems and may also address
126	any other issues deemed appropriate by Tallahassee Community
127	College, the Federation of Manufactured Home Owners of Florida,
128	Inc., the Florida Manufactured Housing Association, and the
129	Department of Highway Safety and Motor Vehicles. The program
130	shall include an education and outreach component to ensure that
131	owners of manufactured and mobile homes are aware of the
132	benefits of participation.
133	2.  The program shall be a grant program that ensures that
134	entire manufactured home communities and mobile home parks may
135	be improved wherever practicable. The moneys appropriated for
136	this program shall be distributed directly to Tallahassee
137	Community College for the uses set forth under this subsection.
138	3.  Upon evidence of completion of the program, the
139	Citizens Property Insurance Corporation shall grant, on a pro
140	rata basis, actuarially reasonable discounts, credits, or other
141	rate differentials or appropriate reductions in deductibles for
142	the properties of owners of manufactured homes or mobile homes
143	on which fixtures or construction techniques that have been
144	demonstrated to reduce the amount of loss in a windstorm have
145	been installed or implemented. The discount on the premium must
146	be applied to subsequent renewal premium amounts. Premiums of
147	the Citizens Property Insurance Corporation must reflect the
148	location of the home and the fact that the home has been
149	installed in compliance with building codes adopted after
150	Hurricane Andrew. Rates resulting from the completion of the
151	Manufactured Housing and Mobile Home Mitigation and Enhancement
152	Program are not considered competitive rates for the purposes of
153	s. 627.351(6)(d)1. and 2.
154	4.  On or before January 1 of each year, Tallahassee
155	Community College shall provide a report of activities under
156	this subsection to the Governor, the President of the Senate,
157	and the Speaker of the House of Representatives. The report must
158	set forth the number of homes that have taken advantage of the
159	program, the types of enhancements and improvements made to the
160	manufactured or mobile homes and attachments to such homes, and
161	whether there has been an increase in availability of insurance
162	products to owners of manufactured or mobile homes.
163
164	Tallahassee Community College shall develop the programs set
165	forth in this subsection in consultation with the Federation of
166	Manufactured Home Owners of Florida, Inc., the Florida
167	Manufactured Housing Association, and the Department of Highway
168	Safety and Motor Vehicles. The moneys appropriated for the
169	programs set forth in this subsection shall be distributed
170	directly to Tallahassee Community College to be used as set
171	forth in this subsection.
172	(3)(4)  Of moneys provided to the Department of Community
173	Affairs in paragraph (1)(a) (2)(a), 10 percent shall be
174	allocated to the Florida International University center
175	dedicated to hurricane research. The center shall develop a
176	preliminary work plan approved by the advisory council set forth
177	in subsection (4) (5) to eliminate the state and local barriers
178	to upgrading existing mobile homes and communities, research and
179	develop a program for the recycling of existing older mobile
180	homes, and support programs of research and development relating
181	to hurricane loss reduction devices and techniques for site-
182	built residences. The State University System also shall consult
183	with the Department of Community Affairs and assist the
184	department with the report required under subsection (6) (7).
185	(4)(5)  Except for the programs set forth in subsection (3)
186	(4), The office Department of Community Affairs shall
187	develop the programs set forth in this section in consultation
188	with an advisory council consisting of a representative
189	designated by the Chief Financial Officer, a representative
190	designated by the Florida Home Builders Association, a
191	representative designated by the Florida Insurance Council, a
192	representative designated by the Federation of Manufactured Home
193	Owners, a representative designated by the Florida Association
194	of Counties, and a representative designated by the Florida
195	Manufactured Housing Association, and a representative
196	designated by the Florida Building Commission.
197	(5)(6)  Moneys provided to the office Department of
198	Community Affairs under this section are intended to supplement,
199	not supplant, the office's other funding sources of the
200	Department of Community Affairs and may not supplant other
201	funding sources of the Department of Community Affairs.
202	(6)(7)  On January 1st of each year, the office Department
203	of Community Affairs shall provide a full report and accounting
204	of activities under this section and an evaluation of such
205	activities to the Speaker of the House of Representatives, the
206	President of the Senate, and the Majority and Minority Leaders
207	of the House of Representatives and the Senate. Upon completion
208	of the report, the office Department of Community Affairs shall
209	deliver the report to the Office of Insurance Regulation. The
210	Office of Insurance Regulation shall review the report and shall
211	make such recommendations available to the insurance industry as
212	the Office of Insurance Regulation deems appropriate. These
213	recommendations may be used by insurers for potential discounts
214	or rebates pursuant to s. 627.0629. The Office of Insurance
215	Regulation shall make such the recommendations within 1 year
216	after receiving the report.
217	(7)(8)(a)  Notwithstanding any other provision of this
218	section and for the 2010-2011 fiscal year only, the $3 million
219	appropriation provided for in paragraph (1)(b) (2)(b) may be
220	used for hurricane shelters as identified in the General
221	Appropriations Act.
222	(b)  This subsection expires June 30, 2021 2011.
223	(8)(9)  This section is repealed June 30, 2011.
224	Section 6.  Paragraph (d) of subsection (2) of section
225	163.3178, Florida Statutes, is amended to read:
226	163.3178  Coastal management.-
227	(2)  Each coastal management element required by s.
228	163.3177(6)(g) shall be based on studies, surveys, and data; be
229	consistent with coastal resource plans prepared and adopted
230	pursuant to general or special law; and contain:
231	(d)  A component which outlines principles for hazard
232	mitigation and protection of human life against the effects of
233	natural disaster, including population evacuation, which take
234	into consideration the capability to safely evacuate the density
235	of coastal population proposed in the future land use plan
236	element in the event of an impending natural disaster. The
237	Office Division of Emergency Management shall manage the update
238	of the regional hurricane evacuation studies, ensure such
239	studies are done in a consistent manner, and ensure that the
240	methodology used for modeling storm surge is that used by the
241	National Hurricane Center.
242	Section 7.  Subsection (1) of section 166.0446, Florida
243	Statutes, is amended to read:
244	166.0446  Prohibition of fees for first responder
245	services.-
246	(1)  A municipality may not impose a fee or seek
247	reimbursement for any costs or expenses that may be incurred for
248	services provided by a first responder, including costs or
249	expenses related to personnel, supplies, motor vehicles, or
250	equipment in response to a motor vehicle accident, except for
251	costs to contain or clean up hazardous materials in quantities
252	reportable to the Florida State Warning Point at the Office
253	Division of Emergency Management, and costs for transportation
254	and treatment provided by ambulance services licensed pursuant
255	to s. 401.23(4) and (5).
256	Section 8.  Paragraph (j) of subsection (4) of section
257	215.5586, Florida Statutes, is amended to read:
258	215.5586  My Safe Florida Home Program.-There is
259	established within the Department of Financial Services the My
260	Safe Florida Home Program. The department shall provide fiscal
261	accountability, contract management, and strategic leadership
262	for the program, consistent with this section. This section does
263	not create an entitlement for property owners or obligate the
264	state in any way to fund the inspection or retrofitting of
265	residential property in this state. Implementation of this
266	program is subject to annual legislative appropriations. It is
267	the intent of the Legislature that the My Safe Florida Home
268	Program provide trained and certified inspectors to perform
269	inspections for owners of site-built, single-family, residential
270	properties and grants to eligible applicants as funding allows.
271	The program shall develop and implement a comprehensive and
272	coordinated approach for hurricane damage mitigation that may
273	include the following:
274	(4)  ADVISORY COUNCIL.-There is created an advisory council
275	to provide advice and assistance to the department regarding
276	administration of the program. The advisory council shall
277	consist of:
278	(j)  The director of the Office Florida Division of
279	Emergency Management.
280
281	Members appointed under paragraphs (a)-(d) shall serve at the
282	pleasure of the Financial Services Commission. Members appointed
283	under paragraphs (e) and (f) shall serve at the pleasure of the
284	appointing officer. All other members shall serve as voting ex
285	officio members. Members of the advisory council shall serve
286	without compensation but may receive reimbursement as provided
287	in s. 112.061 for per diem and travel expenses incurred in the
288	performance of their official duties.
289	Section 9.  Paragraphs (a) and (b) of subsection (1) of
290	section 252.32, Florida Statutes, are amended to read:
291	252.32  Policy and purpose.-
292	(1)  Because of the existing and continuing possibility of
293	the occurrence of emergencies and disasters resulting from
294	natural, technological, or manmade causes; in order to ensure
295	that preparations of this state will be adequate to deal with,
296	reduce vulnerability to, and recover from such emergencies and
297	disasters; to provide for the common defense and to protect the
298	public peace, health, and safety; and to preserve the lives and
299	property of the people of the state, it is hereby found and
300	declared to be necessary:
301	(a)  To create a state emergency management agency to be
302	known as the "Office Division of Emergency Management," to
303	authorize the creation of local organizations for emergency
304	management in the political subdivisions of the state, and to
305	authorize cooperation with the Federal Government and the
306	governments of other states.
307	(b)  To confer upon the Governor, the Office Division of
308	Emergency Management, and the governing body of each political
309	subdivision of the state the emergency powers provided herein.
310	Section 10.  Section 252.34, Florida Statutes, is amended
311	to read:
312	252.34  Definitions.-As used in this part ss. 252.31-
313	252.60, the term:
314	(1)  "Disaster" means any natural, technological, or civil
315	emergency that causes damage of sufficient severity and
316	magnitude to result in a declaration of a state of emergency by
317	a county, the Governor, or the President of the United States.
318	Disasters shall be identified by the severity of resulting
319	damage, as follows:
320	(a)  "Catastrophic disaster" means a disaster that will
321	require massive state and federal assistance, including
322	immediate military involvement.
323	(b)  "Major disaster" means a disaster that will likely
324	exceed local capabilities and require a broad range of state and
325	federal assistance.
326	(c)  "Minor disaster" means a disaster that is likely to be
327	within the response capabilities of local government and to
328	result in only a minimal need for state or federal assistance.
329	(2)  "Division" means the Division of Emergency Management
330	of the Department of Community Affairs, or the successor to that
331	division.
332	(2)(3)  "Emergency" means any occurrence, or threat
333	thereof, whether natural, technological, or manmade, in war or
334	in peace, which results or may result in substantial injury or
335	harm to the population or substantial damage to or loss of
336	property.
337	(3)(4)  "Emergency management" means the preparation for,
338	the mitigation of, the response to, and the recovery from
339	emergencies and disasters. Specific emergency management
340	responsibilities include, but are not limited to:
341	(a)  Reduction of vulnerability of people and communities
342	of this state to damage, injury, and loss of life and property
343	resulting from natural, technological, or manmade emergencies or
344	hostile military or paramilitary action.
345	(b)  Preparation for prompt and efficient response and
346	recovery to protect lives and property affected by emergencies.
347	(c)  Response to emergencies using all systems, plans, and
348	resources necessary to preserve adequately the health, safety,
349	and welfare of persons or property affected by the emergency.
350	(d)  Recovery from emergencies by providing for the rapid
351	and orderly start of restoration and rehabilitation of persons
352	and property affected by emergencies.
353	(e)  Provision of an emergency management system embodying
354	all aspects of preemergency preparedness and postemergency
355	response, recovery, and mitigation.
356	(f)  Assistance in anticipation, recognition, appraisal,
357	prevention, and mitigation of emergencies which may be caused or
358	aggravated by inadequate planning for, and regulation of, public
359	and private facilities and land use.
360	(4)(5)  "Local emergency management agency" means an
361	organization created in accordance with the provisions of ss.
362	252.31-252.90 to discharge the emergency management
363	responsibilities and functions of a political subdivision.
364	(5)(6)  "Manmade emergency" means an emergency caused by an
365	action against persons or society, including, but not limited
366	to, enemy attack, sabotage, terrorism, civil unrest, or other
367	action impairing the orderly administration of government.
368	(6)(7)  "Natural emergency" means an emergency caused by a
369	natural event, including, but not limited to, a hurricane, a
370	storm, a flood, severe wave action, a drought, or an earthquake.
371	(7)  "Office" means the Office of Emergency Management
372	within the Executive Office of the Governor, or the successor to
373	that office.
374	(8)  "Political subdivision" means any county or
375	municipality created pursuant to law.
376	(9)  "Technological emergency" means an emergency caused by
377	a technological failure or accident, including, but not limited
378	to, an explosion, transportation accident, radiological
379	accident, or chemical or other hazardous material incident.
380	Section 11.  Section 252.35, Florida Statutes, is amended
381	to read:
382	252.35  Emergency management powers; Division of Emergency
383	Management.-
384	(1)  The office division is responsible for maintaining a
385	comprehensive statewide program of emergency management and for
386	coordinating the. The division is responsible for coordination
387	with efforts of the Federal Government with other departments
388	and agencies of state government, with county and municipal
389	governments and school boards, and with private agencies that
390	have a role in emergency management.
391	(2)  The office division is responsible for carrying out
392	the provisions of ss. 252.31-252.90. In performing its duties
393	under ss. 252.31-252.90, the office division shall:
394	(a)  Prepare a state comprehensive emergency management
395	plan, which shall be integrated into and coordinated with the
396	emergency management plans and programs of the Federal
397	Government. The office division must adopt the plan as a rule in
398	accordance with chapter 120. The plan shall be implemented by a
399	continuous, integrated comprehensive emergency management
400	program. The plan must contain provisions to ensure that the
401	state is prepared for emergencies and minor, major, and
402	catastrophic disasters, and the office division shall work
403	closely with local governments and agencies and organizations
404	with emergency management responsibilities in preparing and
405	maintaining the plan. The state comprehensive emergency
406	management plan must shall be operations oriented and:
407	1.  Include an evacuation component that includes specific
408	regional and interregional planning provisions and promotes
409	intergovernmental coordination of evacuation activities. This
410	component must, at a minimum: contain guidelines for lifting
411	tolls on state highways; ensure coordination pertaining to
412	evacuees crossing county lines; set forth procedures for
413	directing people caught on evacuation routes to safe shelter;
414	establish strategies for ensuring sufficient, reasonably priced
415	fueling locations along evacuation routes; and establish
416	policies and strategies for emergency medical evacuations.
417	2.  Include a shelter component that includes specific
418	regional and interregional planning provisions and promotes
419	coordination of shelter activities between the public, private,
420	and nonprofit sectors. This component must, at a minimum:
421	contain strategies to ensure the availability of adequate public
422	shelter space in each region of the state; establish strategies
423	for refuge-of-last-resort programs; provide strategies to assist
424	local emergency management efforts to ensure that adequate
425	staffing plans exist for all shelters, including medical and
426	security personnel; provide for a postdisaster communications
427	system for public shelters; establish model shelter guidelines
428	for operations, registration, inventory, power generation
429	capability, information management, and staffing; and set forth
430	policy guidance for sheltering people with special needs.
431	3.  Include a postdisaster response and recovery component
432	that includes specific regional and interregional planning
433	provisions and promotes intergovernmental coordination of
434	postdisaster response and recovery activities. This component
435	must provide for postdisaster response and recovery strategies
436	according to whether a disaster is minor, major, or
437	catastrophic. The postdisaster response and recovery component
438	must, at a minimum: establish the structure of the state's
439	postdisaster response and recovery organization; establish
440	procedures for activating the state's plan; set forth policies
441	used to guide postdisaster response and recovery activities;
442	describe the chain of command during the postdisaster response
443	and recovery period; describe initial and continuous
444	postdisaster response and recovery actions; identify the roles
445	and responsibilities of each involved agency and organization;
446	provide for a comprehensive communications plan; establish
447	procedures for monitoring mutual aid agreements; provide for
448	rapid impact assessment teams; ensure the availability of an
449	effective statewide urban search and rescue program coordinated
450	with the fire services; ensure the existence of a comprehensive
451	statewide medical care and relief plan administered by the
452	Department of Health; and establish systems for coordinating
453	volunteers and accepting and distributing donated funds and
454	goods.
455	4.  Include additional provisions addressing aspects of
456	preparedness, response, recovery, and mitigation as determined
457	necessary by the office division.
458	5.  Address the need for coordinated and expeditious
459	deployment of state resources, including the Florida National
460	Guard. In the case of an imminent major disaster, procedures
461	should address predeployment of the Florida National Guard, and,
462	in the case of an imminent catastrophic disaster, procedures
463	should address predeployment of the Florida National Guard and
464	the United States Armed Forces.
465	6.  Establish a system of communications and warning to
466	ensure that the state's population and emergency management
467	agencies are warned of developing emergency situations and can
468	communicate emergency response decisions.
469	7.  Establish guidelines and schedules for annual exercises
470	that evaluate the ability of the state and its political
471	subdivisions to respond to minor, major, and catastrophic
472	disasters and support local emergency management agencies. Such
473	exercises must shall be coordinated with local governments and,
474	to the extent possible, the Federal Government.
475	8.  Assign lead and support responsibilities to state
476	agencies and personnel for emergency support functions and other
477	support activities.
478
479	The complete state comprehensive emergency management plan must
480	shall be submitted to the President of the Senate, the Speaker
481	of the House of Representatives, and the Governor on February 1
482	of every even-numbered year.
483	(b)  Adopt standards and requirements for county emergency
484	management plans. The standards and requirements must ensure
485	that county plans are coordinated and consistent with the state
486	comprehensive emergency management plan. If a municipality
487	elects to establish an emergency management program, it must
488	adopt a city emergency management plan that complies with all
489	standards and requirements applicable to county emergency
490	management plans.
491	(c)  Assist political subdivisions in preparing and
492	maintaining emergency management plans.
493	(d)  Review periodically political subdivision emergency
494	management plans for consistency with the state comprehensive
495	emergency management plan and standards and requirements adopted
496	under this section.
497	(e)  Cooperate with the President, the heads of the Armed
498	Forces, the various federal emergency management agencies, and
499	the officers and agencies of other states in matters pertaining
500	to emergency management in the state and the nation and
501	incidents thereof and, in connection therewith, take any
502	measures that it deems proper to carry into effect any request
503	of the President and the appropriate federal officers and
504	agencies for any emergency management action, including the
505	direction or control of:
506	1.  Emergency management drills, tests, or exercises of
507	whatever nature.
508	2.  Warnings and signals for tests and drills, attacks, or
509	other imminent emergencies or threats thereof and the mechanical
510	devices to be used in connection with such warnings and signals.
511	(f)  Make recommendations to the Legislature, building code
512	organizations, and political subdivisions for zoning, building,
513	and other land use controls; safety measures for securing mobile
514	homes or other nonpermanent or semipermanent structures; and
515	other preparedness, prevention, and mitigation measures designed
516	to eliminate emergencies or reduce their impact.
517	(g)  In accordance with the state comprehensive emergency
518	management plan and program for emergency management, ascertain
519	the requirements of the state and its political subdivisions for
520	equipment and supplies of all kinds in the event of an
521	emergency; plan for and either procure supplies, medicines,
522	materials, and equipment or enter into memoranda of agreement or
523	open purchase orders that will ensure their availability; and
524	use and employ from time to time any of the property, services,
525	and resources within the state in accordance with ss. 252.31-
526	252.90.
527	(h)  Anticipate trends and promote innovations that will
528	enhance the emergency management system.
529	(i)  Institute statewide public awareness programs. This
530	shall include an intensive public educational campaign on
531	emergency preparedness issues, including, but not limited to,
532	the personal responsibility of individual citizens to be self-
533	sufficient for up to 72 hours following a natural or manmade
534	disaster. The public educational campaign must shall include
535	relevant information on statewide disaster plans, evacuation
536	routes, fuel suppliers, and shelters. All educational materials
537	must be available in alternative formats and mediums to ensure
538	that they are available to persons with disabilities.
539	(j)  In cooperation with The Division of Emergency
540	Management and the Department of Education, shall coordinate
541	with the Agency for Persons with Disabilities to provide an
542	educational outreach program on disaster preparedness and
543	readiness to individuals who have limited English skills and
544	identify persons who are in need of assistance but are not
545	defined under special-needs criteria.
546	(k)  Prepare and distribute to appropriate state and local
547	officials catalogs of federal, state, and private assistance
548	programs.
549	(l)  Coordinate federal, state, and local emergency
550	management activities and take all other steps, including the
551	partial or full mobilization of emergency management forces and
552	organizations in advance of an actual emergency, to ensure the
553	availability of adequately trained and equipped forces of
554	emergency management personnel before, during, and after
555	emergencies and disasters.
556	(m)  Establish a schedule of fees that may be charged by
557	local emergency management agencies for review of emergency
558	management plans on behalf of external agencies and
559	institutions. In establishing such schedule, the office division
560	shall consider facility size, review complexity, and other
561	factors.
562	(n)  Implement training programs to improve the ability of
563	state and local emergency management personnel to prepare and
564	implement emergency management plans and programs. This includes
565	shall include a continuous training program for agencies and
566	individuals that will be called on to perform key roles in state
567	and local postdisaster response and recovery efforts and for
568	local government personnel on federal and state postdisaster
569	response and recovery strategies and procedures.
570	(o)  Review Periodically review emergency operating
571	procedures of state agencies and recommend revisions as needed
572	to ensure consistency with the state comprehensive emergency
573	management plan and program.
574	(p)  Make such surveys of industries, resources, and
575	facilities within the state, both public and private, as are
576	necessary to carry out the purposes of ss. 252.31-252.90.
577	(q)  Prepare, in advance if whenever possible, such
578	executive orders, proclamations, and rules for issuance by the
579	Governor as are necessary or appropriate for coping with
580	emergencies and disasters.
581	(r)  Cooperate with the Federal Government and any public
582	or private agency or entity in achieving any purpose of ss.
583	252.31-252.90 and in implementing programs for mitigation,
584	preparation, response, and recovery.
585	(s)  By January 1, 2007, the Division of Emergency
586	Management shall Complete an inventory of portable generators
587	owned by the state and local governments which are capable of
588	operating during a major disaster. The inventory must identify,
589	at a minimum, the location of each generator, the number of
590	generators stored at each specific location, the agency to which
591	each generator belongs, the primary use of the generator by the
592	owner agency, and the names, addresses, and telephone numbers of
593	persons having the authority to loan the stored generators as
594	authorized by the office Division of Emergency Management during
595	a declared emergency.
596	(t)  The division shall Maintain an inventory list of
597	generators owned by the state and local governments. In
598	addition, the office division may keep a list of private
599	entities, along with appropriate contact information, which
600	offer generators for sale or lease. The list of private entities
601	shall be available to the public for inspection in written and
602	electronic formats.
603	(u)  Assist political subdivisions with the creation and
604	training of urban search and rescue teams and promote the
605	development and maintenance of a state urban search and rescue
606	program.
607	(v)  Delegate, as necessary and appropriate, authority
608	vested in it under ss. 252.31-252.90 and provide for the
609	subdelegation of such authority.
610	(w)  Report biennially to the President of the Senate, the
611	Speaker of the House of Representatives, and the Governor, no
612	later than February 1 of every odd-numbered year, the status of
613	the emergency management capabilities of the state and its
614	political subdivisions.
615	(x)  In accordance with chapter 120, create, implement,
616	administer, adopt, amend, and rescind rules, programs, and plans
617	needed to carry out the provisions of ss. 252.31-252.90 with due
618	consideration for, and in cooperating with, the plans and
619	programs of the Federal Government. In addition, the office
620	division may adopt rules in accordance with chapter 120 to
621	administer and distribute federal financial predisaster and
622	postdisaster assistance for prevention, mitigation,
623	preparedness, response, and recovery.
624	(y)  Do other things necessary, incidental, or appropriate
625	for the implementation of ss. 252.31-252.90.
626	Section 12.  Subsection (2) of section 252.355, Florida
627	Statutes, is amended to read:
628	252.355  Registry of persons with special needs; notice.-
629	(2)  The office Department of Community Affairs shall be
630	the designated lead agency responsible for community education
631	and outreach to the public, including special needs clients,
632	regarding registration and special needs shelters and general
633	information regarding shelter stays.
634	Section 13.  Section 252.61, Florida Statutes, is amended
635	to read:
636	252.61  List of persons for contact relating to release of
637	toxic substances into atmosphere.-The Office of Emergency
638	Management Department of Community Affairs shall maintain a list
639	of contact persons after the survey pursuant to s. 403.771 is
640	completed.
641	Section 14.  Section 252.82, Florida Statutes, is amended
642	to read:
643	252.82  Definitions.-As used in this part:
644	(1)  "Commission" means the State Hazardous Materials
645	Emergency Response Commission created pursuant to s. 301 of
646	EPCRA.
647	(2)  "Committee" means any local emergency planning
648	committee established in the state pursuant to s. 301 of EPCRA.
649	(3)  "Department" means the Department of Community
650	Affairs.
651	(3)(4)  "Facility" means facility as defined in s. 329 of
652	EPCRA. Vehicles placarded according to title 49 Code of Federal
653	Regulations are shall not be considered a facility except for
654	purposes of s. 304 of EPCRA.
655	(4)(5)  "Hazardous material" means any hazardous chemical,
656	toxic chemical, or extremely hazardous substance, as defined in
657	s. 329 of EPCRA.
658	(5)(6)  "EPCRA" means the Emergency Planning and Community
659	Right-to-Know Act of 1986, title III of the Superfund Amendments
660	and Reauthorization Act of 1986, Pub. L. No. 99-499, ss. 300-
661	329, 42 U.S.C. ss. 11001 et seq.; and federal regulations
662	adopted thereunder.
663	(6)  "Office" means the Office of Emergency Management
664	within the Executive Office of the Governor.
665	(7)  "Trust fund" means the Operating Trust Fund of the
666	office Department of Community Affairs.
667	Section 15.  Subsections (3), (8), (9), and (19) of section
668	252.936, Florida Statutes, are amended to read:
669	252.936  Definitions.-As used in this part, the term:
670	(3)  "Audit" means a review of information at, a stationary
671	source subject to s. 112(r)(7), or submitted by, a stationary
672	source subject to s. 112(r)(7), to determine whether that
673	stationary source is in compliance with the requirements of this
674	part and rules adopted to administer implement this part. Audits
675	must include a review of the adequacy of the stationary source's
676	Risk Management Plan, may consist of reviews of information
677	submitted to the office department or the United States
678	Environmental Protection Agency to determine whether the plan is
679	complete or whether revisions to the plan are needed, and the
680	reviews may be conducted at the stationary source to confirm
681	that information onsite is consistent with reported information.
682	(8)  "Department" means the Department of Community
683	Affairs.
684	(8)(9)  "Inspection" means a review of information at a
685	stationary source subject to s. 112(r)(7), including
686	documentation and operating practices and access to the source
687	and to any area where an accidental release could occur, to
688	determine whether the stationary source is in compliance with
689	the requirements of this part or rules adopted to administer
690	implement this part.
691	(9)  "Office" means the Office of Emergency Management in
692	the Executive Office of the Governor.
693	(19)  "Trust fund" means the Operating Trust Fund of the
694	office established in the department's Division of Emergency
695	Management.
696	Section 16.  Section 252.937, Florida Statutes, is amended
697	to read:
698	252.937  Department powers and duties.-
699	(1)  The office department has the power and duty to:
700	(a)1.  Seek delegation from the United States Environmental
701	Protection Agency to implement the Accidental Release Prevention
702	Program under s. 112(r)(7) of the Clean Air Act and the federal
703	implementing regulations for specified sources subject to s.
704	112(r)(7) of the Clean Air Act. Implementation for all other
705	sources subject to s. 112(r)(7) of the Clean Air Act shall will
706	be performed by the United States Environmental Protection
707	Agency; and
708	2.  Ensure the timely submission of Risk Management Plans
709	and any subsequent revisions of Risk Management Plans.
710	(b)  Adopt, modify, and repeal rules, with the advice and
711	consent of the commission, necessary to obtain delegation from
712	the United States Environmental Protection Agency and to
713	administer the s. 112(r)(7) Accidental Release Prevention
714	Program in this state for the specified stationary sources with
715	no expansion or addition of the regulatory program.
716	(c)  Make and execute contracts and other agreements
717	necessary or convenient to the administration implementation of
718	this part.
719	(d)  Coordinate its activities under this part with its
720	other emergency management responsibilities, including its
721	responsibilities and activities under parts I, II, and III of
722	this chapter and with the related activities of other state and
723	local agencies, keeping separate accounts for all activities
724	conducted under this part which are supported or partially
725	supported from the trust fund.
726	(e)  Establish, with the advice and consent of the
727	commission, a technical assistance and outreach program on or
728	before January 31, 1999, to assist owners and operators of
729	specified stationary sources subject to s. 112(r)(7) in
730	complying with the reporting and fee requirements of this part.
731	This program is designed to facilitate and ensure timely
732	submission of proper certifications or compliance schedules and
733	timely submission and registration of Risk Management Plans and
734	revised registrations and Risk Management Plans if when required
735	for these sources.
736	(f)  Make a quarterly report to the State Emergency
737	Response Commission on income and expenses for the state's
738	Accidental Release Prevention Program under this part.
739	(2)  To ensure that this program is self-supporting, the
740	office department shall provide administrative support,
741	including staff, facilities, materials, and services to
742	implement this part for specified stationary sources subject to
743	s. 252.939 and shall provide necessary funding to local
744	emergency planning committees and county emergency management
745	agencies for work performed to implement this part. Each state
746	agency with regulatory, inspection, or technical assistance
747	programs for specified stationary sources subject to this part
748	shall enter into a memorandum of understanding with the office
749	department which specifically outlines how each agency's staff,
750	facilities, materials, and services will be used utilized to
751	support implementation. At a minimum, these agencies and
752	programs include: the Department of Environmental Protection's
753	Division of Air Resources Management and Division of Water
754	Resource Management, and the Department of Labor and Employment
755	Security's Division of Safety. It is the Legislature's intent to
756	implement this part as efficiently and economically as possible,
757	using existing expertise and resources, if available and
758	appropriate.
759	(3)  To prevent the duplication of investigative efforts
760	and resources, the office department, on behalf of the
761	commission, shall coordinate with any federal agencies or agents
762	thereof, including the federal Chemical Safety and Hazard
763	Investigation Board, or its successor, which are performing
764	accidental release investigations for specified stationary
765	sources, and may coordinate with any agencies of the state which
766	are performing accidental release investigations. This
767	accidental release investigation coordination is not intended to
768	limit or take the place of any individual agency accidental
769	release investigation under separate authority.
770	(4)  To promote efficient administration of this program
771	and specified stationary sources, the only the office agency
772	which may seek delegation from the United States Environmental
773	Protection Agency for this program is the Florida Department of
774	Community Affairs. Further, the office may Florida Department of
775	Community Affairs shall not delegate this program to any local
776	environmental agency.
777	Section 17.  Section 252.943, Florida Statutes, is amended
778	to read:
779	252.943  Public records.-
780	(1)  The office Department of Community Affairs shall
781	protect records, reports, or information or particular parts
782	thereof, other than release or emissions data, contained in a
783	risk management plan from public disclosure pursuant to ss.
784	112(r) and 114(c) of the federal Clean Air Act and authorities
785	cited therein, based upon a showing satisfactory to the
786	Administrator of the United States Environmental Protection
787	Agency, by any owner or operator of a stationary source subject
788	to the Accidental Release Prevention Program, that public
789	release of such records, reports, or information would divulge
790	methods or processes entitled to protection as trade secrets as
791	provided for in 40 C.F.R. part 2, subpart B. Such records,
792	reports, or information held by the office department are
793	confidential and exempt from the provisions of s. 119.07(1) and
794	s. 24(a), Art. I of the State Constitution, unless a final
795	determination has been made by the Administrator of the
796	Environmental Protection Agency that such records, reports, or
797	information are not entitled to trade secret protection, or
798	pursuant to an order of court.
799	(2)  The office department shall protect records, reports,
800	or information or particular parts thereof, other than release
801	or emissions data, obtained from an investigation, inspection,
802	or audit from public disclosure pursuant to ss. 112(r) and
803	114(c) of the federal Clean Air Act and authorities cited
804	therein, based upon a showing satisfactory to the Administrator
805	of the United States Environmental Protection Agency, by any
806	owner or operator of a stationary source subject to the
807	Accidental Release Prevention Program, that public release of
808	such records, reports, or information would divulge methods or
809	processes entitled to protection as trade secrets as provided
810	for in 40 C.F.R. part 2, subpart B. Such records, reports, or
811	information held by the office department are confidential and
812	exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
813	of the State Constitution, unless a final determination has been
814	made by the Administrator of the Environmental Protection Agency
815	that such records, reports, or information are not entitled to
816	trade secret protection, or pursuant to a court an order of
817	court.
818	Section 18.  Section 252.946, Florida Statutes, is amended
819	to read:
820	252.946  Public records.-With regard to information
821	submitted to the United States Environmental Protection Agency
822	under this part or s. 112(r)(7), the office department of
823	Community Affairs, the State Hazardous Materials Emergency
824	Response Commission, and any local emergency planning committee
825	may assist persons in electronically accessing such information
826	held by the United States Environmental Protection Agency in its
827	centralized database. If requested, the office department, the
828	commission, or a committee may furnish copies of such United
829	States Environmental Protection Agency records.
830	Section 19.  Paragraph (a) of subsection (4) of section
831	282.34, Florida Statutes, is amended to read:
832	282.34  Statewide e-mail service.-A state e-mail system
833	that includes the delivery and support of e-mail, messaging, and
834	calendaring capabilities is established as an enterprise
835	information technology service as defined in s. 282.0041. The
836	service shall be designed to meet the needs of all executive
837	branch agencies. The primary goals of the service are to
838	minimize the state investment required to establish, operate,
839	and support the statewide service; reduce the cost of current e-
840	mail operations and the number of duplicative e-mail systems;
841	and eliminate the need for each state agency to maintain its own
842	e-mail staff.
843	(4)  All agencies must be completely migrated to the
844	statewide e-mail service as soon as financially and
845	operationally feasible, but no later than June 30, 2015.
846	(a)  The following statewide e-mail service implementation
847	schedule is established for state agencies:
848	1.  Phase 1.-The following agencies must be completely
849	migrated to the statewide e-mail system by June 30, 2012: the
850	Agency for Enterprise Information Technology; the Department of
851	Community Affairs, including the Division of Emergency
852	Management; the Department of Corrections; the Department of
853	Health; the Department of Highway Safety and Motor Vehicles; the
854	Department of Management Services, including the Division of
855	Administrative Hearings, the Division of Retirement, the
856	Commission on Human Relations, and the Public Employees
857	Relations Commission; the Southwood Shared Resource Center; and
858	the Department of Revenue.
859	2.  Phase 2.-The following agencies must be completely
860	migrated to the statewide e-mail system by June 30, 2013: the
861	Department of Business and Professional Regulation; the
862	Department of Education, including the Board of Governors; the
863	Department of Environmental Protection; the Department of
864	Juvenile Justice; the Department of the Lottery; the Department
865	of State; the Department of Law Enforcement; the Department of
866	Veterans' Affairs; the Judicial Administration Commission; the
867	Public Service Commission; and the Statewide Guardian Ad Litem
868	Office.
869	3.  Phase 3.-The following agencies must be completely
870	migrated to the statewide e-mail system by June 30, 2014: the
871	Agency for Health Care Administration; the Agency for Workforce
872	Innovation; the Department of Financial Services, including the
873	Office of Financial Regulation and the Office of Insurance
874	Regulation; the Department of Agriculture and Consumer Services;
875	the Executive Office of the Governor, including the Office of
876	Emergency Management; the Department of Transportation; the Fish
877	and Wildlife Conservation Commission; the Agency for Persons
878	With Disabilities; the Northwood Shared Resource Center; and the
879	State Board of Administration.
880	4.  Phase 4.-The following agencies must be completely
881	migrated to the statewide e-mail system by June 30, 2015: the
882	Department of Children and Family Services; the Department of
883	Citrus; the Department of Elderly Affairs; and the Department of
884	Legal Affairs.
885	Section 20.  Paragraphs (a) and (d) of subsection (1) and
886	subsection (4) of section 282.709, Florida Statutes, are amended
887	to read:
888	282.709  State agency law enforcement radio system and
889	interoperability network.-
890	(1)  The department may acquire and administer a statewide
891	radio communications system to serve law enforcement units of
892	state agencies, and to serve local law enforcement agencies
893	through mutual aid channels.
894	(a)  The department shall, in conjunction with the
895	Department of Law Enforcement and the Office Division of
896	Emergency Management of the Department of Community Affairs,
897	establish policies, procedures, and standards to be incorporated
898	into a comprehensive management plan for the use and operation
899	of the statewide radio communications system.
900	(d)  The department shall exercise its powers and duties
901	under this part to plan, manage, and administer the mutual aid
902	channels in the statewide radio communication system.
903	1.  In implementing such powers and duties, the department
904	shall consult and act in conjunction with the Department of Law
905	Enforcement and the Office Division of Emergency Management of
906	the Department of Community Affairs, and shall manage and
907	administer the mutual aid channels in a manner that reasonably
908	addresses the needs and concerns of the involved law enforcement
909	agencies and emergency response agencies and entities.
910	2.  The department may make the mutual aid channels
911	available to federal agencies, state agencies, and agencies of
912	the political subdivisions of the state for the purpose of
913	public safety and domestic security.
914	(4)  The department may create and administer an
915	interoperability network to enable interoperability between
916	various radio communications technologies and to serve federal
917	agencies, state agencies, and agencies of political subdivisions
918	of the state for the purpose of public safety and domestic
919	security.
920	(a)  The department shall, in conjunction with the
921	Department of Law Enforcement and the Office Division of
922	Emergency Management of the Department of Community Affairs,
923	exercise its powers and duties pursuant to this chapter to plan,
924	manage, and administer the interoperability network. The office
925	may:
926	1.  Enter into mutual aid agreements among federal
927	agencies, state agencies, and political subdivisions of the
928	state for the use of the interoperability network.
929	2.  Establish the cost of maintenance and operation of the
930	interoperability network and charge subscribing federal and
931	local law enforcement agencies for access and use of the
932	network. The department may not charge state law enforcement
933	agencies identified in paragraph (2)(a) to use the network.
934	3.  In consultation with the Department of Law Enforcement
935	and the Office Division of Emergency Management of the
936	Department of Community Affairs, amend and enhance the statewide
937	radio communications system as necessary to implement the
938	interoperability network.
939	(b)  The department, in consultation with the Joint Task
940	Force on State Agency Law Enforcement Communications, and in
941	conjunction with the Department of Law Enforcement and the
942	Office Division of Emergency Management of the Department of
943	Community Affairs, shall establish policies, procedures, and
944	standards to incorporate into a comprehensive management plan
945	for the use and operation of the interoperability network.
946	Section 21.  Paragraph (l) of subsection (1) of section
947	311.115, Florida Statutes, is amended to read:
948	311.115  Seaport Security Standards Advisory Council.-The
949	Seaport Security Standards Advisory Council is created under the
950	Office of Drug Control. The council shall serve as an advisory
951	council as provided in s. 20.03(7).
952	(1)  The members of the council shall be appointed by the
953	Governor and consist of the following:
954	(l)  The Director of the Office Division of Emergency
955	Management, or his or her designee.
956	Section 22.  Subsections (1) and (2), paragraph (b) of
957	subsection (3), and paragraph (b) of subsection (4) of section
958	526.143, Florida Statutes, are amended to read:
959	526.143  Alternate generated power capacity for motor fuel
960	dispensing facilities.-
961	(1)  By June 1, 2007, Each motor fuel terminal facility, as
962	defined in s. 526.303(16), and each wholesaler, as defined in s.
963	526.303(17), which sells motor fuel in this state must be
964	capable of operating its distribution loading racks using an
965	alternate generated power source for a minimum of 72 hours.
966	Pending a postdisaster examination of the equipment by the
967	operator to determine any extenuating damage that would render
968	it unsafe to use, the facility must have such alternate
969	generated power source available for operation within no later
970	than 36 hours after a major disaster as defined in s. 252.34.
971	Installation of appropriate wiring, including a transfer switch,
972	shall be performed by a certified electrical contractor. Each
973	business that is subject to this subsection must keep a copy of
974	the documentation of such installation on site or at its
975	corporate headquarters. In addition, each business must keep a
976	written statement attesting to the periodic testing and ensured
977	operational capacity of the equipment. The required documents
978	must be made available, upon request, to the Office Division of
979	Emergency Management and the director of the county emergency
980	management agency.
981	(2)  Each newly constructed or substantially renovated
982	motor fuel retail outlet, as defined in s. 526.303(14), for
983	which a certificate of occupancy is issued on or after July 1,
984	2006, shall be prewired with an appropriate transfer switch, and
985	capable of operating all fuel pumps, dispensing equipment,
986	lifesafety systems, and payment-acceptance equipment using an
987	alternate generated power source. As used in this subsection,
988	the term "substantially renovated" means a renovation that
989	results in an increase of greater than 50 percent in the
990	assessed value of the motor fuel retail outlet. Local building
991	inspectors shall include this equipment and operations check in
992	the normal inspection process before issuing a certificate of
993	occupancy. Each retail outlet that is subject to this subsection
994	must keep a copy of the certificate of occupancy on site or at
995	its corporate headquarters. In addition, each retail outlet must
996	keep a written statement attesting to the periodic testing of
997	and ensured operational capability of the equipment. The
998	required documents must be made available, upon request, to the
999	Office Division of Emergency Management and the director of the
1000	county emergency management agency.
1001	(3)
1002	(b)  Installation of appropriate wiring and transfer
1003	switches must be performed by a certified electrical contractor.
1004	Each retail outlet that is subject to this subsection must keep
1005	a copy of the documentation of such installation on site or at
1006	its corporate headquarters. In addition, each retail outlet must
1007	keep a written statement attesting to the periodic testing of
1008	and ensured operational capacity of the equipment. The required
1009	documents must be made available, upon request, to the Office
1010	Division of Emergency Management and the director of the county
1011	emergency management agency.
1012	(4)
1013	(b)  Subsections (2) and (3) do not apply to:
1014	1.  An automobile dealer;
1015	2.  A person who operates a fleet of motor vehicles;
1016	3.  A person who sells motor fuel exclusively to a fleet of
1017	motor vehicles; or
1018	4.  A motor fuel retail outlet that has a written agreement
1019	with a public hospital, in a form approved by the Office
1020	Division of Emergency Management, wherein the public hospital
1021	agrees to provide the motor fuel retail outlet with an
1022	alternative means of power generation onsite so that the
1023	outlet's fuel pumps may be operated in the event of a power
1024	outage.
1025	Section 23.  Paragraph (a) of subsection (1) and paragraph
1026	(b) of subsection (4) of section 526.144, Florida Statutes, are
1027	amended to read:
1028	526.144  Florida Disaster Motor Fuel Supplier Program.-
1029	(1)(a)  There is created the Florida Disaster Motor Fuel
1030	Supplier Program within the Office of Emergency Management
1031	Department of Community Affairs.
1032	(4)
1033	(b)  Notwithstanding any other law or other ordinance and
1034	for the purpose of ensuring an appropriate emergency management
1035	response following major disasters in this state, the regulation
1036	of all other retail establishments participating in such
1037	response is shall be as follows:
1038	1.  Regulation of retail establishments that meet the
1039	standards created by the Office Division of Emergency Management
1040	in the report required in s. 8, chapter 2006-71, Laws of
1041	Florida, by July 1, 2007, is preempted to the state and until
1042	such standards are adopted, the regulation of these retail
1043	establishments is preempted to the state;
1044	2.  The division shall provide written certification of
1045	such preemption to retail establishments that qualify and shall
1046	provide such information to local governments upon request; and
1047	3.  Regulation of retail establishments that do not meet
1048	the operational standards is subject to local government laws or
1049	ordinances.
1050	Section 24.  Paragraph (b) of subsection (2) of section
1051	627.0628, Florida Statutes, is amended to read:
1052	627.0628  Florida Commission on Hurricane Loss Projection
1053	Methodology; public records exemption; public meetings
1054	exemption.-
1055	(2)  COMMISSION CREATED.-
1056	(b)  The commission shall consist of the following 11
1057	members:
1058	1.  The insurance consumer advocate.
1059	2.  The senior employee of the State Board of
1060	Administration responsible for operations of the Florida
1061	Hurricane Catastrophe Fund.
1062	3.  The Executive Director of the Citizens Property
1063	Insurance Corporation.
1064	4.  The Director of the Office Division of Emergency
1065	Management of the Department of Community Affairs.
1066	5.  The actuary member of the Florida Hurricane Catastrophe
1067	Fund Advisory Council.
1068	6.  An employee of the office who is an actuary responsible
1069	for property insurance rate filings and who is appointed by the
1070	director of the office.
1071	7.  Five members appointed by the Chief Financial Officer,
1072	as follows:
1073	a.  An actuary who is employed full time by a property and
1074	casualty insurer which was responsible for at least 1 percent of
1075	the aggregate statewide direct written premium for homeowner's
1076	insurance in the calendar year preceding the member's
1077	appointment to the commission.
1078	b.  An expert in insurance finance who is a full-time
1079	member of the faculty of the State University System and who has
1080	a background in actuarial science.
1081	c.  An expert in statistics who is a full-time member of
1082	the faculty of the State University System and who has a
1083	background in insurance.
1084	d.  An expert in computer system design who is a full-time
1085	member of the faculty of the State University System.
1086	e.  An expert in meteorology who is a full-time member of
1087	the faculty of the State University System and who specializes
1088	in hurricanes.
1089	Section 25.  Paragraph (d) of subsection (2) of section
1090	768.13, Florida Statutes, is amended to read:
1091	768.13  Good Samaritan Act; immunity from civil liability.-
1092	(2)
1093	(d)  Any person whose acts or omissions are not otherwise
1094	covered by this section and who participates in emergency
1095	response activities under the direction of or in connection with
1096	a community emergency response team, local emergency management
1097	agencies, the Office Division of Emergency Management of the
1098	Department of Community Affairs, or the Federal Emergency
1099	Management Agency is not liable for any civil damages as a
1100	result of care, treatment, or services provided gratuitously in
1101	such capacity and resulting from any act or failure to act in
1102	such capacity in providing or arranging further care, treatment,
1103	or services, if such person acts as a reasonably prudent person
1104	would have acted under the same or similar circumstances.
1105	Section 26.  Subsection (14) of section 943.03, Florida
1106	Statutes, is amended to read:
1107	943.03  Department of Law Enforcement.-
1108	(14)  The department, with respect to counter-terrorism
1109	efforts, responses to acts of terrorism within or affecting this
1110	state, and other matters related to the domestic security of
1111	Florida as it relates to terrorism, shall coordinate and direct
1112	the law enforcement, initial emergency, and other initial
1113	responses. The department shall work closely with the Office
1114	Division of Emergency Management, other federal, state, and
1115	local law enforcement agencies, fire and rescue agencies, first-
1116	responder agencies, and others involved in preparation against
1117	acts of terrorism in or affecting this state and in the response
1118	to such acts. The executive director of the department, or
1119	another member of the department designated by the director,
1120	shall serve as Chief of Domestic Security for the purpose of
1121	directing and coordinating such efforts. The department and
1122	Chief of Domestic Security shall use the regional domestic
1123	security task forces as established in this chapter to assist in
1124	such efforts.
1125	Section 27.  Section 943.03101, Florida Statutes, is
1126	amended to read:
1127	943.03101  Counter-terrorism coordination.-The Legislature
1128	finds that with respect to counter-terrorism efforts and initial
1129	responses to acts of terrorism within or affecting this state,
1130	specialized efforts of emergency management which that are
1131	unique to such situations are required and that these efforts
1132	intrinsically involve very close coordination of federal, state,
1133	and local law enforcement agencies with the efforts of all
1134	others involved in emergency-response efforts. In order to best
1135	provide this specialized effort with respect to counter-
1136	terrorism efforts and responses, the Legislature has determined
1137	that such efforts should be coordinated by and through the
1138	Department of Law Enforcement, working closely with the Office
1139	Division of Emergency Management and others involved in
1140	preparation against acts of terrorism in or affecting this
1141	state, and in the initial response to such acts, in accordance
1142	with the state comprehensive emergency management plan prepared
1143	pursuant to s. 252.35(2)(a).
1144	Section 28.  Paragraph (d) of subsection (1) and subsection
1145	(3) of section 943.0312, Florida Statutes, are amended to read:
1146	943.0312  Regional domestic security task forces.-The
1147	Legislature finds that there is a need to develop and implement
1148	a statewide strategy to address prevention, preparation,
1149	protection, response, and recovery efforts by federal, state,
1150	and local law enforcement agencies, emergency management
1151	agencies, fire and rescue departments, first-responder personnel
1152	and others in dealing with potential or actual terrorist acts
1153	within or affecting this state.
1154	(1)  To assist the department and the Chief of Domestic
1155	Security in performing their roles and duties in this regard,
1156	the department shall establish a regional domestic security task
1157	force in each of the department's operational regions. The task
1158	forces shall serve in an advisory capacity to the department and
1159	the Chief of Domestic Security and shall provide support to the
1160	department in its performance of functions pertaining to
1161	domestic security.
1162	(d)  The co-chairs of each task force may appoint
1163	subcommittees and subcommittee chairs as necessary in order to
1164	address issues related to the various disciplines represented on
1165	the task force, except that subcommittee chairs for emergency
1166	management shall be appointed with the approval of the director
1167	of the Office Division of Emergency Management. A subcommittee
1168	chair shall serve at the pleasure of the co-chairs.
1169	(3)  The Chief of Domestic Security, in conjunction with
1170	the Office Division of Emergency Management, the regional
1171	domestic security task forces, and the various state entities
1172	responsible for establishing training standards applicable to
1173	state law enforcement officers and fire, emergency, and first-
1174	responder personnel shall identify appropriate equipment and
1175	training needs, curricula, and materials related to the
1176	effective response to suspected or actual acts of terrorism or
1177	incidents involving real or hoax weapons of mass destruction as
1178	defined in s. 790.166. Recommendations for funding for purchases
1179	of equipment, delivery of training, implementation of, or
1180	revision to basic or continued training required for state
1181	licensure or certification, or other related responses shall be
1182	made by the Chief of Domestic Security to the Domestic Security
1183	Oversight Council, the Executive Office of the Governor, the
1184	President of the Senate, and the Speaker of the House of
1185	Representatives as necessary to ensure that the needs of this
1186	state with regard to the preparing, equipping, training, and
1187	exercising of response personnel are identified and addressed.
1188	In making such recommendations, the Chief of Domestic Security
1189	and the Office Division of Emergency Management shall identify
1190	all funding sources that may be available to fund such efforts.
1191	Section 29.  Paragraph (a) of subsection (1), paragraph (b)
1192	of subsection (2), and paragraph (b) of subsection (4) of
1193	section 943.0313, Florida Statutes, are amended to read:
1194	943.0313  Domestic Security Oversight Council.-The
1195	Legislature finds that there exists a need to provide executive
1196	direction and leadership with respect to terrorism prevention,
1197	preparation, protection, response, and recovery efforts by state
1198	and local agencies in this state. In recognition of this need,
1199	the Domestic Security Oversight Council is hereby created. The
1200	council shall serve as an advisory council pursuant to s.
1201	20.03(7) to provide guidance to the state's regional domestic
1202	security task forces and other domestic security working groups
1203	and to make recommendations to the Governor and the Legislature
1204	regarding the expenditure of funds and allocation of resources
1205	related to counter-terrorism and domestic security efforts.
1206	(1)  MEMBERSHIP.-
1207	(a)  The Domestic Security Oversight Council shall consist
1208	of the following voting members:
1209	1.  The executive director of the Department of Law
1210	Enforcement.
1211	2.  The director of the Office Division of Emergency
1212	Management within the Department of Community Affairs.
1213	3.  The Attorney General.
1214	4.  The Commissioner of Agriculture.
1215	5.  The State Surgeon General.
1216	6.  The Commissioner of Education.
1217	7.  The State Fire Marshal.
1218	8.  The adjutant general of the Florida National Guard.
1219	9.  The state chief information officer.
1220	10.  Each sheriff or chief of police who serves as a co-
1221	chair of a regional domestic security task force pursuant to s.
1222	943.0312(1)(b).
1223	11.  Each of the department's special agents in charge who
1224	serve as a co-chair of a regional domestic security task force.
1225	12.  Two representatives of the Florida Fire Chiefs
1226	Association.
1227	13.  One representative of the Florida Police Chiefs
1228	Association.
1229	14.  One representative of the Florida Prosecuting
1230	Attorneys Association.
1231	15.  The chair of the Statewide Domestic Security
1232	Intelligence Committee.
1233	16.  One representative of the Florida Hospital
1234	Association.
1235	17.  One representative of the Emergency Medical Services
1236	Advisory Council.
1237	18.  One representative of the Florida Emergency
1238	Preparedness Association.
1239	19.  One representative of the Florida Seaport
1240	Transportation and Economic Development Council.
1241	(2)  ORGANIZATION.-
1242	(b)  The executive director of the Department of Law
1243	Enforcement shall serve as chair of the council, and the
1244	director of the Office Division of Emergency Management within
1245	the Department of Community Affairs shall serve as vice chair of
1246	the council. In the absence of the chair, the vice chair shall
1247	serve as chair. In the absence of the vice chair, the chair may
1248	name any member of the council to perform the duties of the
1249	chair if such substitution does not extend beyond a defined
1250	meeting, duty, or period of time.
1251	(4)  EXECUTIVE COMMITTEE.-
1252	(b)  The executive director of the Department of Law
1253	Enforcement shall serve as the chair of the executive committee,
1254	and the director of the Office Division of Emergency Management
1255	within the Department of Community Affairs shall serve as the
1256	vice chair of the executive committee.
1257	Section 30.  Subsection (3) of section 112.3135, Florida
1258	Statutes, is amended to read:
1259	112.3135  Restriction on employment of relatives.-
1260	(3)  An agency may prescribe regulations authorizing the
1261	temporary employment, in the event of an emergency as defined in
1262	s. 252.34(3), of individuals whose employment would be otherwise
1263	prohibited by this section.
1264	Section 31.  Paragraph (d) of subsection (2) of section
1265	119.071, Florida Statutes, is amended to read:
1266	119.071  General exemptions from inspection or copying of
1267	public records.-
1268	(2)  AGENCY INVESTIGATIONS.-
1269	(d)  Any information revealing surveillance techniques or
1270	procedures or personnel is exempt from s. 119.07(1) and s.
1271	24(a), Art. I of the State Constitution. Any comprehensive
1272	inventory of state and local law enforcement resources compiled
1273	pursuant to part I, chapter 23, and any comprehensive policies
1274	or plans compiled by a criminal justice agency pertaining to the
1275	mobilization, deployment, or tactical operations involved in
1276	responding to an emergency emergencies, as defined in s.
1277	252.34(3), are exempt from s. 119.07(1) and s. 24(a), Art. I of
1278	the State Constitution and unavailable for inspection, except by
1279	personnel authorized by a state or local law enforcement agency,
1280	the office of the Governor, the Department of Legal Affairs, the
1281	Department of Law Enforcement, or the Department of Community
1282	Affairs as having an official need for access to the inventory
1283	or comprehensive policies or plans.
1284	Section 32.  Paragraph (c) of subsection (1) of section
1285	163.03, Florida Statutes, is amended to read:
1286	163.03  Secretary of Community Affairs; powers and duties;
1287	function of Department of Community Affairs with respect to
1288	federal grant-in-aid programs.-
1289	(1)  The Secretary of Community Affairs shall:
1290	(c)  Under the direction of the Governor, administer
1291	programs to apply rapidly all available aid to communities
1292	stricken by an emergency as defined in s. 252.34(3) and, for
1293	this purpose, provide liaison with federal agencies and other
1294	public and private agencies.
1295	Section 33.  Subsection (10) of section 163.360, Florida
1296	Statutes, is amended to read:
1297	163.360  Community redevelopment plans.-
1298	(10)  Notwithstanding any other provisions of this part, if
1299	when the governing body certifies that an area is in need of
1300	redevelopment or rehabilitation as a result of an emergency as
1301	defined in under s. 252.34(3), with respect to which the
1302	Governor has certified the need for emergency assistance under
1303	federal law, that area may be certified as a "blighted area,"
1304	and the governing body may approve a community redevelopment
1305	plan and community redevelopment with respect to such area
1306	without regard to the provisions of this section requiring a
1307	general plan for the county or municipality and a public hearing
1308	on the community redevelopment.
1309	Section 34.  Subsection (1) of section 175.021, Florida
1310	Statutes, is amended to read:
1311	175.021  Legislative declaration.-
1312	(1)  It is hereby declared by the Legislature that
1313	firefighters, as hereinafter defined, perform state and
1314	municipal functions; that it is their duty to extinguish fires,
1315	to protect life, and to protect property at their own risk and
1316	peril; that it is their duty to prevent conflagration and to
1317	continuously instruct school personnel, public officials, and
1318	private citizens in the prevention of fires and firesafety; that
1319	they protect both life and property from local emergencies as
1320	defined in s. 252.34(3); and that their activities are vital to
1321	the public safety. It is further declared that firefighters
1322	employed by special fire control districts serve under the same
1323	circumstances and perform the same duties as firefighters
1324	employed by municipalities and should therefore be entitled to
1325	the benefits available under this chapter. Therefore, the
1326	Legislature declares that it is a proper and legitimate state
1327	purpose to provide a uniform retirement system for the benefit
1328	of firefighters as hereinafter defined and intends, in
1329	implementing the provisions of s. 14, Art. X of the State
1330	Constitution as they relate to municipal and special district
1331	firefighters' pension trust fund systems and plans, that such
1332	retirement systems or plans be managed, administered, operated,
1333	and funded in such manner as to maximize the protection of the
1334	firefighters' pension trust funds. Pursuant to s. 18, Art. VII
1335	of the State Constitution, the Legislature hereby determines and
1336	declares that the provisions of this act fulfill an important
1337	state interest.
1338	Section 35.  Subsection (11) of section 186.505, Florida
1339	Statutes, is amended to read:
1340	186.505  Regional planning councils; powers and duties.-Any
1341	regional planning council created hereunder shall have the
1342	following powers:
1343	(11)  To cooperate, in the exercise of its planning
1344	functions, with federal and state agencies in planning for
1345	emergency management as defined in under s. 252.34(4).
1346	Section 36.  Subsection (1) of section 216.231, Florida
1347	Statutes, is amended to read:
1348	216.231  Release of certain classified appropriations.-
1349	(1)(a)  Any appropriation to the Executive Office of the
1350	Governor which is classified as an "emergency," as defined in s.
1351	252.34(3), may be released only with the approval of the
1352	Governor. The state agency, or the judicial branch, desiring the
1353	use of the emergency appropriation shall submit to the Executive
1354	Office of the Governor application therefor in writing setting
1355	forth the facts from which the alleged need arises. The
1356	Executive Office of the Governor shall, at a public hearing,
1357	review such application promptly and approve or disapprove the
1358	applications as the circumstances may warrant. All actions of
1359	the Executive Office of the Governor shall be reported to the
1360	legislative appropriations committees, and the committees may
1361	advise the Executive Office of the Governor relative to the
1362	release of such funds.
1363	(b)  The release of appropriated funds classified as
1364	"emergency" shall be approved only if when an act or
1365	circumstance caused by an act of God, civil disturbance, natural
1366	disaster, or other circumstance of an emergency nature
1367	threatens, endangers, or damages the property, safety, health,
1368	or welfare of the state or its residents citizens, which
1369	condition has not been provided for in appropriation acts of the
1370	Legislature. Funds allocated for this purpose may be used to pay
1371	overtime pay to personnel of agencies called upon to perform
1372	extra duty because of any civil disturbance or other emergency
1373	as defined in s. 252.34(3) and to provide the required state
1374	match for federal grants under the federal Disaster Relief Act.
1375	Section 37.  Subsections (3) and (4) of section 250.06,
1376	Florida Statutes, are amended to read:
1377	250.06  Commander in chief.-
1378	(3)  The Governor may, in order to preserve the public
1379	peace, execute the laws of the state, suppress insurrection,
1380	repel invasion, respond to an emergency as defined in s.
1381	252.34(3) or imminent danger thereof, or, in case of the calling
1382	of all or any portion of the militia of this state Florida into
1383	the services of the United States, may increase the Florida
1384	National Guard and organize it in accordance with rules and
1385	regulations governing the Armed Forces of the United States.
1386	Such organization and increase may be pursuant to or in advance
1387	of any call made by the President of the United States. If the
1388	Florida National Guard is activated into service of the United
1389	States, another organization may not be designated as the
1390	Florida National Guard.
1391	(4)  The Governor may, in order to preserve the public
1392	peace, execute the laws of the state, enhance domestic security,
1393	respond to terrorist threats or attacks, respond to an emergency
1394	as defined in s. 252.34(3) or imminent danger thereof, or
1395	respond to any need for emergency aid to civil authorities as
1396	specified in s. 250.28, order into state active duty all or any
1397	part of the militia which he or she deems proper.
1398	Section 38.  Paragraph (g) of subsection (7) of section
1399	339.135, Florida Statutes, is amended to read:
1400	339.135  Work program; legislative budget request;
1401	definitions; preparation, adoption, execution, and amendment.-
1402	(7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.-
1403	(g)  Notwithstanding the requirements in paragraphs (d) and
1404	(g) and ss. 216.177(2) and 216.351, the secretary may request
1405	the Executive Office of the Governor to amend the adopted work
1406	program when an emergency exists, as defined in s. 252.34(3),
1407	and the emergency relates to the repair or rehabilitation of any
1408	state transportation facility. The Executive Office of the
1409	Governor may approve the amendment to the adopted work program
1410	and amend that portion of the department's approved budget if a
1411	in the event that the delay incident to the notification
1412	requirements in paragraph (d) would be detrimental to the
1413	interests of the state. However, the department shall
1414	immediately notify the parties specified in paragraph (d) and
1415	shall provide such parties written justification for the
1416	emergency action within 7 days after of the approval by the
1417	Executive Office of the Governor of the amendment to the adopted
1418	work program and the department's budget. In no event may The
1419	adopted work program may not be amended under the provisions of
1420	this subsection without the certification by the comptroller of
1421	the department that there are sufficient funds available
1422	pursuant to the 36-month cash forecast and applicable statutes.
1423	Section 39.  Paragraph (b) of subsection (2) of section
1424	429.907, Florida Statutes, is amended to read:
1425	429.907  License requirement; fee; exemption; display.-
1426	(2)
1427	(b)  If In the event a licensed center becomes wholly or
1428	substantially unusable due to a disaster as defined in s.
1429	252.34(1) or due to an emergency as those terms are defined in
1430	s. 252.34(3):
1431	1.  The licensee may continue to operate under its current
1432	license in a premise or premises separate from that authorized
1433	under the license if the licensee has:
1434	a.  Specified the location of the premise or premises in
1435	its comprehensive emergency management plan submitted to and
1436	approved by the applicable county emergency management
1437	authority; and
1438	b.  Notified the agency and the county emergency management
1439	authority within 24 hours of operating in the separate premise
1440	or premises.
1441	2.  The licensee shall operate the separate premise or
1442	premises only while the licensed center's original location is
1443	substantially unusable and for up to no longer than 180 days.
1444	The agency may extend use of the alternate premise or premises
1445	beyond the initial 180 days. The agency may also review the
1446	operation of the disaster premise or premises quarterly.
1447	Section 40.  The Division of Statutory Revision is
1448	requested to prepare a reviser's bill for introduction at the
1449	next regular session of the Legislature to conform the Florida
1450	Statutes to changes made by this act.
1451	Section 41.  This act shall take effect October 1, 2011.

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