Florida Senate - 2011                                    SB 1602
       
       
       
       By Senator Gaetz
       
       
       
       
       4-01053-11                                            20111602__
    1                        A bill to be entitled                      
    2         An act relating to the Division of Emergency
    3         Management; transferring the division to the Executive
    4         Office of the Governor and renaming it the “Office of
    5         Emergency Management”; creating s. 14.2016, F.S.;
    6         establishing the Office of Emergency Management in the
    7         Executive Office of the Governor; amending ss. 20.18
    8         and 125.01045, F.S.; conforming provisions to changes
    9         made by the act; amending s. 215.559, F.S.; revising
   10         the membership of the Hurricane Loss Mitigation
   11         Program’s advisory group; conforming provisions to
   12         changes made by the act; amending ss. 163.3178,
   13         166.0446, 215.5586, 252.32, 252.34, 252.35, 252.355,
   14         252.61, 252.82, 252.936, 252.937, 252.943, 252.946,
   15         282.34, 282.709, 311.115, 526.143, 526.144, 627.0628,
   16         768.13, 943.03, 943.03101, 943.0312, and 943.0313,
   17         F.S.; conforming provisions to changes made by the
   18         act; amending ss. 112.3135, 119.071, 163.03, 163.360,
   19         175.021, 186.505, 216.231, 250.06, 339.135, and
   20         429.907, F.S.; conforming cross-references; providing
   21         a directive to the Division of Statutory Revision;
   22         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 to
   32  read:
   33         14.2016Office 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. The office shall
   37  be responsible for all professional, technical, and
   38  administrative support functions necessary to carry out its
   39  responsibilities under part I of chapter 252. The director of
   40  the office shall be appointed by and serve at the pleasure of
   41  the Governor, and shall be the head of the office for all
   42  purposes.
   43         Section 3. Subsection (2) of section 20.18, Florida
   44  Statutes, is amended to read:
   45         20.18 Department of Community Affairs.—There is created a
   46  Department of Community Affairs.
   47         (2) The following units of the Department of Community
   48  Affairs are established:
   49         (a) Division of Emergency Management. The division is a
   50  separate budget entity and is not subject to control,
   51  supervision, or direction by the Department of Community Affairs
   52  in any manner including, but not limited to, personnel,
   53  purchasing, transactions involving personal property, and
   54  budgetary matters. The division director shall be appointed by
   55  the Governor, shall serve at the pleasure of the Governor, and
   56  shall be the agency head of the division for all purposes. The
   57  division shall enter into a service agreement with the
   58  department for professional, technological, and administrative
   59  support services. The division shall collaborate and coordinate
   60  with the department on nonemergency response matters, including,
   61  but not limited to, disaster recovery programs, grant programs,
   62  mitigation programs, and emergency matters related to
   63  comprehensive plans.
   64         (a)(b) Division of Housing and Community Development.
   65         (b)(c) Division of Community Planning.
   66         Section 4. Subsection (1) of section 125.01045, Florida
   67  Statutes, is amended to read:
   68         125.01045 Prohibition of fees for first responder
   69  services.—
   70         (1) A county may not impose a fee or seek reimbursement for
   71  any costs or expenses that may be incurred for services provided
   72  by a first responder, including costs or expenses related to
   73  personnel, supplies, motor vehicles, or equipment in response to
   74  a motor vehicle accident, except for costs to contain or clean
   75  up hazardous materials in quantities reportable to the Florida
   76  State Warning Point at the Office Division of Emergency
   77  Management, and costs for transportation and treatment provided
   78  by ambulance services licensed pursuant to s. 401.23(4) and (5).
   79         Section 5. Section 215.559, Florida Statutes, is amended to
   80  read:
   81         215.559 Hurricane Loss Mitigation Program.—
   82         (1)There is created A Hurricane Loss Mitigation Program is
   83  established in the Office of Emergency Management.
   84         (1) The Legislature shall annually appropriate $10 million
   85  of the moneys authorized for appropriation under s.
   86  215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the
   87  office Department of Community Affairs for the purposes set
   88  forth in this section. Of that amount:
   89         (2)(a) Seven million dollars in funds provided in
   90  subsection (1) shall be used for programs to improve the wind
   91  resistance of residences and mobile homes, including loans,
   92  subsidies, grants, demonstration projects, and direct
   93  assistance; educating persons concerning the Florida Building
   94  Code cooperative programs with local governments and the Federal
   95  Government; and other efforts to prevent or reduce losses or
   96  reduce the cost of rebuilding after a disaster.
   97         (b) Three million dollars in funds provided in subsection
   98  (1) shall be used to retrofit existing facilities used as public
   99  hurricane shelters. Each year the office shall department must
  100  prioritize the use of these funds for projects included in the
  101  annual report of the September 1, 2000, version of the Shelter
  102  Retrofit Report prepared in accordance with s. 252.385(3), and
  103  each annual report thereafter. The office department must give
  104  funding priority to projects in regional planning council
  105  regions that have shelter deficits and to projects that maximize
  106  the use of state funds.
  107         (2)(3)(a) Forty percent of the total appropriation in
  108  paragraph (1)(a) (2)(a) shall be used to inspect and improve
  109  tie-downs for mobile homes.
  110         (b)1. There is created The Manufactured Housing and Mobile
  111  Home Mitigation and Enhancement Program is established. The
  112  program shall require the mitigation of damage to or the
  113  enhancement of homes for the areas of concern raised by the
  114  Department of Highway Safety and Motor Vehicles in the 2004-2005
  115  Hurricane Reports on the effects of the 2004 and 2005 hurricanes
  116  on manufactured and mobile homes in this state. The mitigation
  117  or enhancement must include, but need not be limited to,
  118  problems associated with weakened trusses, studs, and other
  119  structural components caused by wood rot or termite damage;
  120  site-built additions; or tie-down systems and may also address
  121  any other issues deemed appropriate by Tallahassee Community
  122  College, the Federation of Manufactured Home Owners of Florida,
  123  Inc., the Florida Manufactured Housing Association, and the
  124  Department of Highway Safety and Motor Vehicles. The program
  125  shall include an education and outreach component to ensure that
  126  owners of manufactured and mobile homes are aware of the
  127  benefits of participation.
  128         2. The program shall be a grant program that ensures that
  129  entire manufactured home communities and mobile home parks may
  130  be improved wherever practicable. The moneys appropriated for
  131  this program shall be distributed directly to Tallahassee
  132  Community College for the uses set forth under this subsection.
  133         3. Upon evidence of completion of the program, the Citizens
  134  Property Insurance Corporation shall grant, on a pro rata basis,
  135  actuarially reasonable discounts, credits, or other rate
  136  differentials or appropriate reductions in deductibles for the
  137  properties of owners of manufactured homes or mobile homes on
  138  which fixtures or construction techniques that have been
  139  demonstrated to reduce the amount of loss in a windstorm have
  140  been installed or implemented. The discount on the premium must
  141  be applied to subsequent renewal premium amounts. Premiums of
  142  the Citizens Property Insurance Corporation must reflect the
  143  location of the home and the fact that the home has been
  144  installed in compliance with building codes adopted after
  145  Hurricane Andrew. Rates resulting from the completion of the
  146  Manufactured Housing and Mobile Home Mitigation and Enhancement
  147  Program are not considered competitive rates for the purposes of
  148  s. 627.351(6)(d)1. and 2.
  149         4. On or before January 1 of each year, Tallahassee
  150  Community College shall provide a report of activities under
  151  this subsection to the Governor, the President of the Senate,
  152  and the Speaker of the House of Representatives. The report must
  153  set forth the number of homes that have taken advantage of the
  154  program, the types of enhancements and improvements made to the
  155  manufactured or mobile homes and attachments to such homes, and
  156  whether there has been an increase in availability of insurance
  157  products to owners of manufactured or mobile homes.
  158  
  159  Tallahassee Community College shall develop the programs set
  160  forth in this subsection in consultation with the Federation of
  161  Manufactured Home Owners of Florida, Inc., the Florida
  162  Manufactured Housing Association, and the Department of Highway
  163  Safety and Motor Vehicles. The moneys appropriated for the
  164  programs set forth in this subsection shall be distributed
  165  directly to Tallahassee Community College to be used as set
  166  forth in this subsection.
  167         (3)(4) Of moneys provided to the Department of Community
  168  Affairs in paragraph (1)(a) (2)(a), 10 percent shall be
  169  allocated to the Florida International University center
  170  dedicated to hurricane research. The center shall develop a
  171  preliminary work plan approved by the advisory council set forth
  172  in subsection (4) (5) to eliminate the state and local barriers
  173  to upgrading existing mobile homes and communities, research and
  174  develop a program for the recycling of existing older mobile
  175  homes, and support programs of research and development relating
  176  to hurricane loss reduction devices and techniques for site
  177  built residences. The State University System also shall consult
  178  with the Department of Community Affairs and assist the
  179  department with the report required under subsection (6) (7).
  180         (4)(5) Except for the programs set forth in subsection (3)
  181  (4), The office Department of Community Affairs shall develop
  182  the programs set forth in this section in consultation with an
  183  advisory council consisting of a representative designated by
  184  the Chief Financial Officer, a representative designated by the
  185  Florida Home Builders Association, a representative designated
  186  by the Florida Insurance Council, a representative designated by
  187  the Federation of Manufactured Home Owners, a representative
  188  designated by the Florida Association of Counties, and a
  189  representative designated by the Florida Manufactured Housing
  190  Association, and a representative designated by the Florida
  191  Building Commission.
  192         (5)(6) Moneys provided to the office Department of
  193  Community Affairs under this section are intended to supplement,
  194  not supplant, the office’s other funding sources of the
  195  Department of Community Affairs and may not supplant other
  196  funding sources of the Department of Community Affairs.
  197         (6)(7) On January 1st of each year, the office Department
  198  of Community Affairs shall provide a full report and accounting
  199  of activities under this section and an evaluation of such
  200  activities to the Speaker of the House of Representatives, the
  201  President of the Senate, and the Majority and Minority Leaders
  202  of the House of Representatives and the Senate. Upon completion
  203  of the report, the office Department of Community Affairs shall
  204  deliver the report to the Office of Insurance Regulation. The
  205  Office of Insurance Regulation shall review the report and shall
  206  make such recommendations available to the insurance industry as
  207  the Office of Insurance Regulation deems appropriate. These
  208  recommendations may be used by insurers for potential discounts
  209  or rebates pursuant to s. 627.0629. The Office of Insurance
  210  Regulation shall make such the recommendations within 1 year
  211  after receiving the report.
  212         (7)(8)(a) Notwithstanding any other provision of this
  213  section and for the 2010-2011 fiscal year only, the $3 million
  214  appropriation provided for in paragraph (1)(b) (2)(b) may be
  215  used for hurricane shelters as identified in the General
  216  Appropriations Act.
  217         (b) This subsection expires June 30, 2011.
  218         (8)(9) This section is repealed June 30, 2011.
  219         Section 6. Paragraph (d) of subsection (2) of section
  220  163.3178, Florida Statutes, is amended to read:
  221         163.3178 Coastal management.—
  222         (2) Each coastal management element required by s.
  223  163.3177(6)(g) shall be based on studies, surveys, and data; be
  224  consistent with coastal resource plans prepared and adopted
  225  pursuant to general or special law; and contain:
  226         (d) A component which outlines principles for hazard
  227  mitigation and protection of human life against the effects of
  228  natural disaster, including population evacuation, which take
  229  into consideration the capability to safely evacuate the density
  230  of coastal population proposed in the future land use plan
  231  element in the event of an impending natural disaster. The
  232  Office Division of Emergency Management shall manage the update
  233  of the regional hurricane evacuation studies, ensure such
  234  studies are done in a consistent manner, and ensure that the
  235  methodology used for modeling storm surge is that used by the
  236  National Hurricane Center.
  237         Section 7. Subsection (1) of section 166.0446, Florida
  238  Statutes, is amended to read:
  239         166.0446 Prohibition of fees for first responder services.—
  240         (1) A municipality may not impose a fee or seek
  241  reimbursement for any costs or expenses that may be incurred for
  242  services provided by a first responder, including costs or
  243  expenses related to personnel, supplies, motor vehicles, or
  244  equipment in response to a motor vehicle accident, except for
  245  costs to contain or clean up hazardous materials in quantities
  246  reportable to the Florida State Warning Point at the Office
  247  Division of Emergency Management, and costs for transportation
  248  and treatment provided by ambulance services licensed pursuant
  249  to s. 401.23(4) and (5).
  250         Section 8. Paragraph (j) of subsection (4) of section
  251  215.5586, Florida Statutes, is amended to read:
  252         215.5586 My Safe Florida Home Program.—There is established
  253  within the Department of Financial Services the My Safe Florida
  254  Home Program. The department shall provide fiscal
  255  accountability, contract management, and strategic leadership
  256  for the program, consistent with this section. This section does
  257  not create an entitlement for property owners or obligate the
  258  state in any way to fund the inspection or retrofitting of
  259  residential property in this state. Implementation of this
  260  program is subject to annual legislative appropriations. It is
  261  the intent of the Legislature that the My Safe Florida Home
  262  Program provide trained and certified inspectors to perform
  263  inspections for owners of site-built, single-family, residential
  264  properties and grants to eligible applicants as funding allows.
  265  The program shall develop and implement a comprehensive and
  266  coordinated approach for hurricane damage mitigation that may
  267  include the following:
  268         (4) ADVISORY COUNCIL.—There is created an advisory council
  269  to provide advice and assistance to the department regarding
  270  administration of the program. The advisory council shall
  271  consist of:
  272         (j) The director of the Office Florida Division of
  273  Emergency Management.
  274  
  275  Members appointed under paragraphs (a)-(d) shall serve at the
  276  pleasure of the Financial Services Commission. Members appointed
  277  under paragraphs (e) and (f) shall serve at the pleasure of the
  278  appointing officer. All other members shall serve as voting ex
  279  officio members. Members of the advisory council shall serve
  280  without compensation but may receive reimbursement as provided
  281  in s. 112.061 for per diem and travel expenses incurred in the
  282  performance of their official duties.
  283         Section 9. Paragraphs (a) and (b) of subsection (1) of
  284  section 252.32, Florida Statutes, are amended to read:
  285         252.32 Policy and purpose.—
  286         (1) Because of the existing and continuing possibility of
  287  the occurrence of emergencies and disasters resulting from
  288  natural, technological, or manmade causes; in order to ensure
  289  that preparations of this state will be adequate to deal with,
  290  reduce vulnerability to, and recover from such emergencies and
  291  disasters; to provide for the common defense and to protect the
  292  public peace, health, and safety; and to preserve the lives and
  293  property of the people of the state, it is hereby found and
  294  declared to be necessary:
  295         (a) To create a state emergency management agency to be
  296  known as the “Office Division of Emergency Management,” to
  297  authorize the creation of local organizations for emergency
  298  management in the political subdivisions of the state, and to
  299  authorize cooperation with the Federal Government and the
  300  governments of other states.
  301         (b) To confer upon the Governor, the Office Division of
  302  Emergency Management, and the governing body of each political
  303  subdivision of the state the emergency powers provided herein.
  304         Section 10. Section 252.34, Florida Statutes, is amended to
  305  read:
  306         252.34 Definitions.—As used in this part ss. 252.31-252.60,
  307  the term:
  308         (1) “Disaster” means any natural, technological, or civil
  309  emergency that causes damage of sufficient severity and
  310  magnitude to result in a declaration of a state of emergency by
  311  a county, the Governor, or the President of the United States.
  312  Disasters shall be identified by the severity of resulting
  313  damage, as follows:
  314         (a) “Catastrophic disaster” means a disaster that will
  315  require massive state and federal assistance, including
  316  immediate military involvement.
  317         (b) “Major disaster” means a disaster that will likely
  318  exceed local capabilities and require a broad range of state and
  319  federal assistance.
  320         (c) “Minor disaster” means a disaster that is likely to be
  321  within the response capabilities of local government and to
  322  result in only a minimal need for state or federal assistance.
  323         (2) “Division” means the Division of Emergency Management
  324  of the Department of Community Affairs, or the successor to that
  325  division.
  326         (2)(3) “Emergency” means any occurrence, or threat thereof,
  327  whether natural, technological, or manmade, in war or in peace,
  328  which results or may result in substantial injury or harm to the
  329  population or substantial damage to or loss of property.
  330         (3)(4) “Emergency management” means the preparation for,
  331  the mitigation of, the response to, and the recovery from
  332  emergencies and disasters. Specific emergency management
  333  responsibilities include, but are not limited to:
  334         (a) Reduction of vulnerability of people and communities of
  335  this state to damage, injury, and loss of life and property
  336  resulting from natural, technological, or manmade emergencies or
  337  hostile military or paramilitary action.
  338         (b) Preparation for prompt and efficient response and
  339  recovery to protect lives and property affected by emergencies.
  340         (c) Response to emergencies using all systems, plans, and
  341  resources necessary to preserve adequately the health, safety,
  342  and welfare of persons or property affected by the emergency.
  343         (d) Recovery from emergencies by providing for the rapid
  344  and orderly start of restoration and rehabilitation of persons
  345  and property affected by emergencies.
  346         (e) Provision of an emergency management system embodying
  347  all aspects of preemergency preparedness and postemergency
  348  response, recovery, and mitigation.
  349         (f) Assistance in anticipation, recognition, appraisal,
  350  prevention, and mitigation of emergencies which may be caused or
  351  aggravated by inadequate planning for, and regulation of, public
  352  and private facilities and land use.
  353         (4)(5) “Local emergency management agency” means an
  354  organization created in accordance with the provisions of ss.
  355  252.31-252.90 to discharge the emergency management
  356  responsibilities and functions of a political subdivision.
  357         (5)(6) “Manmade emergency” means an emergency caused by an
  358  action against persons or society, including, but not limited
  359  to, enemy attack, sabotage, terrorism, civil unrest, or other
  360  action impairing the orderly administration of government.
  361         (6)(7) “Natural emergency” means an emergency caused by a
  362  natural event, including, but not limited to, a hurricane, a
  363  storm, a flood, severe wave action, a drought, or an earthquake.
  364         (7) “Office” means the Office of Emergency Management
  365  within the Executive Office of the Governor, or the successor to
  366  that office.
  367         (8) “Political subdivision” means any county or
  368  municipality created pursuant to law.
  369         (9) “Technological emergency” means an emergency caused by
  370  a technological failure or accident, including, but not limited
  371  to, an explosion, transportation accident, radiological
  372  accident, or chemical or other hazardous material incident.
  373         Section 11. Section 252.35, Florida Statutes, is amended to
  374  read:
  375         252.35 Emergency management powers; Division of Emergency
  376  Management.—
  377         (1) The office division is responsible for maintaining a
  378  comprehensive statewide program of emergency management and for
  379  coordinating the. The division is responsible for coordination
  380  with efforts of the Federal Government with other departments
  381  and agencies of state government, with county and municipal
  382  governments and school boards, and with private agencies that
  383  have a role in emergency management.
  384         (2) The office division is responsible for carrying out the
  385  provisions of ss. 252.31-252.90. In performing its duties under
  386  ss. 252.31-252.90, the office division shall:
  387         (a) Prepare a state comprehensive emergency management
  388  plan, which shall be integrated into and coordinated with the
  389  emergency management plans and programs of the Federal
  390  Government. The office division must adopt the plan as a rule in
  391  accordance with chapter 120. The plan shall be implemented by a
  392  continuous, integrated comprehensive emergency management
  393  program. The plan must contain provisions to ensure that the
  394  state is prepared for emergencies and minor, major, and
  395  catastrophic disasters, and the office division shall work
  396  closely with local governments and agencies and organizations
  397  with emergency management responsibilities in preparing and
  398  maintaining the plan. The state comprehensive emergency
  399  management plan must shall be operations oriented and:
  400         1. Include an evacuation component that includes specific
  401  regional and interregional planning provisions and promotes
  402  intergovernmental coordination of evacuation activities. This
  403  component must, at a minimum: contain guidelines for lifting
  404  tolls on state highways; ensure coordination pertaining to
  405  evacuees crossing county lines; set forth procedures for
  406  directing people caught on evacuation routes to safe shelter;
  407  establish strategies for ensuring sufficient, reasonably priced
  408  fueling locations along evacuation routes; and establish
  409  policies and strategies for emergency medical evacuations.
  410         2. Include a shelter component that includes specific
  411  regional and interregional planning provisions and promotes
  412  coordination of shelter activities between the public, private,
  413  and nonprofit sectors. This component must, at a minimum:
  414  contain strategies to ensure the availability of adequate public
  415  shelter space in each region of the state; establish strategies
  416  for refuge-of-last-resort programs; provide strategies to assist
  417  local emergency management efforts to ensure that adequate
  418  staffing plans exist for all shelters, including medical and
  419  security personnel; provide for a postdisaster communications
  420  system for public shelters; establish model shelter guidelines
  421  for operations, registration, inventory, power generation
  422  capability, information management, and staffing; and set forth
  423  policy guidance for sheltering people with special needs.
  424         3. Include a postdisaster response and recovery component
  425  that includes specific regional and interregional planning
  426  provisions and promotes intergovernmental coordination of
  427  postdisaster response and recovery activities. This component
  428  must provide for postdisaster response and recovery strategies
  429  according to whether a disaster is minor, major, or
  430  catastrophic. The postdisaster response and recovery component
  431  must, at a minimum: establish the structure of the state’s
  432  postdisaster response and recovery organization; establish
  433  procedures for activating the state’s plan; set forth policies
  434  used to guide postdisaster response and recovery activities;
  435  describe the chain of command during the postdisaster response
  436  and recovery period; describe initial and continuous
  437  postdisaster response and recovery actions; identify the roles
  438  and responsibilities of each involved agency and organization;
  439  provide for a comprehensive communications plan; establish
  440  procedures for monitoring mutual aid agreements; provide for
  441  rapid impact assessment teams; ensure the availability of an
  442  effective statewide urban search and rescue program coordinated
  443  with the fire services; ensure the existence of a comprehensive
  444  statewide medical care and relief plan administered by the
  445  Department of Health; and establish systems for coordinating
  446  volunteers and accepting and distributing donated funds and
  447  goods.
  448         4. Include additional provisions addressing aspects of
  449  preparedness, response, recovery, and mitigation as determined
  450  necessary by the office division.
  451         5. Address the need for coordinated and expeditious
  452  deployment of state resources, including the Florida National
  453  Guard. In the case of an imminent major disaster, procedures
  454  should address predeployment of the Florida National Guard, and,
  455  in the case of an imminent catastrophic disaster, procedures
  456  should address predeployment of the Florida National Guard and
  457  the United States Armed Forces.
  458         6. Establish a system of communications and warning to
  459  ensure that the state’s population and emergency management
  460  agencies are warned of developing emergency situations and can
  461  communicate emergency response decisions.
  462         7. Establish guidelines and schedules for annual exercises
  463  that evaluate the ability of the state and its political
  464  subdivisions to respond to minor, major, and catastrophic
  465  disasters and support local emergency management agencies. Such
  466  exercises must shall be coordinated with local governments and,
  467  to the extent possible, the Federal Government.
  468         8. Assign lead and support responsibilities to state
  469  agencies and personnel for emergency support functions and other
  470  support activities.
  471  
  472  The complete state comprehensive emergency management plan must
  473  shall be submitted to the President of the Senate, the Speaker
  474  of the House of Representatives, and the Governor on February 1
  475  of every even-numbered year.
  476         (b) Adopt standards and requirements for county emergency
  477  management plans. The standards and requirements must ensure
  478  that county plans are coordinated and consistent with the state
  479  comprehensive emergency management plan. If a municipality
  480  elects to establish an emergency management program, it must
  481  adopt a city emergency management plan that complies with all
  482  standards and requirements applicable to county emergency
  483  management plans.
  484         (c) Assist political subdivisions in preparing and
  485  maintaining emergency management plans.
  486         (d) Review periodically political subdivision emergency
  487  management plans for consistency with the state comprehensive
  488  emergency management plan and standards and requirements adopted
  489  under this section.
  490         (e) Cooperate with the President, the heads of the Armed
  491  Forces, the various federal emergency management agencies, and
  492  the officers and agencies of other states in matters pertaining
  493  to emergency management in the state and the nation and
  494  incidents thereof and, in connection therewith, take any
  495  measures that it deems proper to carry into effect any request
  496  of the President and the appropriate federal officers and
  497  agencies for any emergency management action, including the
  498  direction or control of:
  499         1. Emergency management drills, tests, or exercises of
  500  whatever nature.
  501         2. Warnings and signals for tests and drills, attacks, or
  502  other imminent emergencies or threats thereof and the mechanical
  503  devices to be used in connection with such warnings and signals.
  504         (f) Make recommendations to the Legislature, building code
  505  organizations, and political subdivisions for zoning, building,
  506  and other land use controls; safety measures for securing mobile
  507  homes or other nonpermanent or semipermanent structures; and
  508  other preparedness, prevention, and mitigation measures designed
  509  to eliminate emergencies or reduce their impact.
  510         (g) In accordance with the state comprehensive emergency
  511  management plan and program for emergency management, ascertain
  512  the requirements of the state and its political subdivisions for
  513  equipment and supplies of all kinds in the event of an
  514  emergency; plan for and either procure supplies, medicines,
  515  materials, and equipment or enter into memoranda of agreement or
  516  open purchase orders that will ensure their availability; and
  517  use and employ from time to time any of the property, services,
  518  and resources within the state in accordance with ss. 252.31
  519  252.90.
  520         (h) Anticipate trends and promote innovations that will
  521  enhance the emergency management system.
  522         (i) Institute statewide public awareness programs. This
  523  shall include an intensive public educational campaign on
  524  emergency preparedness issues, including, but not limited to,
  525  the personal responsibility of individual citizens to be self
  526  sufficient for up to 72 hours following a natural or manmade
  527  disaster. The public educational campaign must shall include
  528  relevant information on statewide disaster plans, evacuation
  529  routes, fuel suppliers, and shelters. All educational materials
  530  must be available in alternative formats and mediums to ensure
  531  that they are available to persons with disabilities.
  532         (j) In cooperation with The Division of Emergency
  533  Management and the Department of Education, shall coordinate
  534  with the Agency for Persons with Disabilities to provide an
  535  educational outreach program on disaster preparedness and
  536  readiness to individuals who have limited English skills and
  537  identify persons who are in need of assistance but are not
  538  defined under special-needs criteria.
  539         (k) Prepare and distribute to appropriate state and local
  540  officials catalogs of federal, state, and private assistance
  541  programs.
  542         (l) Coordinate federal, state, and local emergency
  543  management activities and take all other steps, including the
  544  partial or full mobilization of emergency management forces and
  545  organizations in advance of an actual emergency, to ensure the
  546  availability of adequately trained and equipped forces of
  547  emergency management personnel before, during, and after
  548  emergencies and disasters.
  549         (m) Establish a schedule of fees that may be charged by
  550  local emergency management agencies for review of emergency
  551  management plans on behalf of external agencies and
  552  institutions. In establishing such schedule, the office division
  553  shall consider facility size, review complexity, and other
  554  factors.
  555         (n) Implement training programs to improve the ability of
  556  state and local emergency management personnel to prepare and
  557  implement emergency management plans and programs. This includes
  558  shall include a continuous training program for agencies and
  559  individuals that will be called on to perform key roles in state
  560  and local postdisaster response and recovery efforts and for
  561  local government personnel on federal and state postdisaster
  562  response and recovery strategies and procedures.
  563         (o) Review Periodically review emergency operating
  564  procedures of state agencies and recommend revisions as needed
  565  to ensure consistency with the state comprehensive emergency
  566  management plan and program.
  567         (p) Make such surveys of industries, resources, and
  568  facilities within the state, both public and private, as are
  569  necessary to carry out the purposes of ss. 252.31-252.90.
  570         (q) Prepare, in advance if whenever possible, such
  571  executive orders, proclamations, and rules for issuance by the
  572  Governor as are necessary or appropriate for coping with
  573  emergencies and disasters.
  574         (r) Cooperate with the Federal Government and any public or
  575  private agency or entity in achieving any purpose of ss. 252.31
  576  252.90 and in implementing programs for mitigation, preparation,
  577  response, and recovery.
  578         (s) By January 1, 2007, the Division of Emergency
  579  Management shall Complete an inventory of portable generators
  580  owned by the state and local governments which are capable of
  581  operating during a major disaster. The inventory must identify,
  582  at a minimum, the location of each generator, the number of
  583  generators stored at each specific location, the agency to which
  584  each generator belongs, the primary use of the generator by the
  585  owner agency, and the names, addresses, and telephone numbers of
  586  persons having the authority to loan the stored generators as
  587  authorized by the office Division of Emergency Management during
  588  a declared emergency.
  589         (t) The division shall Maintain an inventory list of
  590  generators owned by the state and local governments. In
  591  addition, the office division may keep a list of private
  592  entities, along with appropriate contact information, which
  593  offer generators for sale or lease. The list of private entities
  594  shall be available to the public for inspection in written and
  595  electronic formats.
  596         (u) Assist political subdivisions with the creation and
  597  training of urban search and rescue teams and promote the
  598  development and maintenance of a state urban search and rescue
  599  program.
  600         (v) Delegate, as necessary and appropriate, authority
  601  vested in it under ss. 252.31-252.90 and provide for the
  602  subdelegation of such authority.
  603         (w) Report biennially to the President of the Senate, the
  604  Speaker of the House of Representatives, and the Governor, no
  605  later than February 1 of every odd-numbered year, the status of
  606  the emergency management capabilities of the state and its
  607  political subdivisions.
  608         (x) In accordance with chapter 120, create, implement,
  609  administer, adopt, amend, and rescind rules, programs, and plans
  610  needed to carry out the provisions of ss. 252.31-252.90 with due
  611  consideration for, and in cooperating with, the plans and
  612  programs of the Federal Government. In addition, the office
  613  division may adopt rules in accordance with chapter 120 to
  614  administer and distribute federal financial predisaster and
  615  postdisaster assistance for prevention, mitigation,
  616  preparedness, response, and recovery.
  617         (y) Do other things necessary, incidental, or appropriate
  618  for the implementation of ss. 252.31-252.90.
  619         Section 12. Subsection (2) of section 252.355, Florida
  620  Statutes, is amended to read:
  621         252.355 Registry of persons with special needs; notice.—
  622         (2) The office Department of Community Affairs shall be the
  623  designated lead agency responsible for community education and
  624  outreach to the public, including special needs clients,
  625  regarding registration and special needs shelters and general
  626  information regarding shelter stays.
  627         Section 13. Section 252.61, Florida Statutes, is amended to
  628  read:
  629         252.61 List of persons for contact relating to release of
  630  toxic substances into atmosphere.—The Office of Emergency
  631  Management Department of Community Affairs shall maintain a list
  632  of contact persons after the survey pursuant to s. 403.771 is
  633  completed.
  634         Section 14. Section 252.82, Florida Statutes, is amended to
  635  read:
  636         252.82 Definitions.—As used in this part:
  637         (1) “Commission” means the State Hazardous Materials
  638  Emergency Response Commission created pursuant to s. 301 of
  639  EPCRA.
  640         (2) “Committee” means any local emergency planning
  641  committee established in the state pursuant to s. 301 of EPCRA.
  642         (3) “Department” means the Department of Community Affairs.
  643         (3)(4) “Facility” means facility as defined in s. 329 of
  644  EPCRA. Vehicles placarded according to title 49 Code of Federal
  645  Regulations are shall not be considered a facility except for
  646  purposes of s. 304 of EPCRA.
  647         (4)(5) “Hazardous material” means any hazardous chemical,
  648  toxic chemical, or extremely hazardous substance, as defined in
  649  s. 329 of EPCRA.
  650         (5)(6) “EPCRA” means the Emergency Planning and Community
  651  Right-to-Know Act of 1986, title III of the Superfund Amendments
  652  and Reauthorization Act of 1986, Pub. L. No. 99-499, ss. 300
  653  329, 42 U.S.C. ss. 11001 et seq.; and federal regulations
  654  adopted thereunder.
  655         (6) “Office” means the Office of Emergency Management
  656  within the Executive Office of the Governor.
  657         (7) “Trust fund” means the Operating Trust Fund of the
  658  office Department of Community Affairs.
  659         Section 15. Subsections (3), (8), (9), and (19) of section
  660  252.936, Florida Statutes, are amended to read:
  661         252.936 Definitions.—As used in this part, the term:
  662         (3) “Audit” means a review of information at, a stationary
  663  source subject to s. 112(r)(7), or submitted by, a stationary
  664  source subject to s. 112(r)(7), to determine whether that
  665  stationary source is in compliance with the requirements of this
  666  part and rules adopted to administer implement this part. Audits
  667  must include a review of the adequacy of the stationary source’s
  668  Risk Management Plan, may consist of reviews of information
  669  submitted to the office department or the United States
  670  Environmental Protection Agency to determine whether the plan is
  671  complete or whether revisions to the plan are needed, and the
  672  reviews may be conducted at the stationary source to confirm
  673  that information onsite is consistent with reported information.
  674         (8) “Department” means the Department of Community Affairs.
  675         (8)(9) “Inspection” means a review of information at a
  676  stationary source subject to s. 112(r)(7), including
  677  documentation and operating practices and access to the source
  678  and to any area where an accidental release could occur, to
  679  determine whether the stationary source is in compliance with
  680  the requirements of this part or rules adopted to administer
  681  implement this part.
  682         (9) “Office” means the Office of Emergency Management in
  683  the Executive Office of the Governor.
  684         (19) “Trust fund” means the Operating Trust Fund of the
  685  office established in the department’s Division of Emergency
  686  Management.
  687         Section 16. Section 252.937, Florida Statutes, is amended
  688  to read:
  689         252.937 Department powers and duties.—
  690         (1) The office department has the power and duty to:
  691         (a)1. Seek delegation from the United States Environmental
  692  Protection Agency to implement the Accidental Release Prevention
  693  Program under s. 112(r)(7) of the Clean Air Act and the federal
  694  implementing regulations for specified sources subject to s.
  695  112(r)(7) of the Clean Air Act. Implementation for all other
  696  sources subject to s. 112(r)(7) of the Clean Air Act shall will
  697  be performed by the United States Environmental Protection
  698  Agency; and
  699         2. Ensure the timely submission of Risk Management Plans
  700  and any subsequent revisions of Risk Management Plans.
  701         (b) Adopt, modify, and repeal rules, with the advice and
  702  consent of the commission, necessary to obtain delegation from
  703  the United States Environmental Protection Agency and to
  704  administer the s. 112(r)(7) Accidental Release Prevention
  705  Program in this state for the specified stationary sources with
  706  no expansion or addition of the regulatory program.
  707         (c) Make and execute contracts and other agreements
  708  necessary or convenient to the administration implementation of
  709  this part.
  710         (d) Coordinate its activities under this part with its
  711  other emergency management responsibilities, including its
  712  responsibilities and activities under parts I, II, and III of
  713  this chapter and with the related activities of other state and
  714  local agencies, keeping separate accounts for all activities
  715  conducted under this part which are supported or partially
  716  supported from the trust fund.
  717         (e) Establish, with the advice and consent of the
  718  commission, a technical assistance and outreach program on or
  719  before January 31, 1999, to assist owners and operators of
  720  specified stationary sources subject to s. 112(r)(7) in
  721  complying with the reporting and fee requirements of this part.
  722  This program is designed to facilitate and ensure timely
  723  submission of proper certifications or compliance schedules and
  724  timely submission and registration of Risk Management Plans and
  725  revised registrations and Risk Management Plans if when required
  726  for these sources.
  727         (f) Make a quarterly report to the State Emergency Response
  728  Commission on income and expenses for the state’s Accidental
  729  Release Prevention Program under this part.
  730         (2) To ensure that this program is self-supporting, the
  731  office department shall provide administrative support,
  732  including staff, facilities, materials, and services to
  733  implement this part for specified stationary sources subject to
  734  s. 252.939 and shall provide necessary funding to local
  735  emergency planning committees and county emergency management
  736  agencies for work performed to implement this part. Each state
  737  agency with regulatory, inspection, or technical assistance
  738  programs for specified stationary sources subject to this part
  739  shall enter into a memorandum of understanding with the office
  740  department which specifically outlines how each agency’s staff,
  741  facilities, materials, and services will be used utilized to
  742  support implementation. At a minimum, these agencies and
  743  programs include: the Department of Environmental Protection’s
  744  Division of Air Resources Management and Division of Water
  745  Resource Management, and the Department of Labor and Employment
  746  Security’s Division of Safety. It is the Legislature’s intent to
  747  implement this part as efficiently and economically as possible,
  748  using existing expertise and resources, if available and
  749  appropriate.
  750         (3) To prevent the duplication of investigative efforts and
  751  resources, the office department, on behalf of the commission,
  752  shall coordinate with any federal agencies or agents thereof,
  753  including the federal Chemical Safety and Hazard Investigation
  754  Board, or its successor, which are performing accidental release
  755  investigations for specified stationary sources, and may
  756  coordinate with any agencies of the state which are performing
  757  accidental release investigations. This accidental release
  758  investigation coordination is not intended to limit or take the
  759  place of any individual agency accidental release investigation
  760  under separate authority.
  761         (4) To promote efficient administration of this program and
  762  specified stationary sources, the only the office agency which
  763  may seek delegation from the United States Environmental
  764  Protection Agency for this program is the Florida Department of
  765  Community Affairs. Further, the office may Florida Department of
  766  Community Affairs shall not delegate this program to any local
  767  environmental agency.
  768         Section 17. Section 252.943, Florida Statutes, is amended
  769  to read:
  770         252.943 Public records.—
  771         (1) The office Department of Community Affairs shall
  772  protect records, reports, or information or particular parts
  773  thereof, other than release or emissions data, contained in a
  774  risk management plan from public disclosure pursuant to ss.
  775  112(r) and 114(c) of the federal Clean Air Act and authorities
  776  cited therein, based upon a showing satisfactory to the
  777  Administrator of the United States Environmental Protection
  778  Agency, by any owner or operator of a stationary source subject
  779  to the Accidental Release Prevention Program, that public
  780  release of such records, reports, or information would divulge
  781  methods or processes entitled to protection as trade secrets as
  782  provided for in 40 C.F.R. part 2, subpart B. Such records,
  783  reports, or information held by the office department are
  784  confidential and exempt from the provisions of s. 119.07(1) and
  785  s. 24(a), Art. I of the State Constitution, unless a final
  786  determination has been made by the Administrator of the
  787  Environmental Protection Agency that such records, reports, or
  788  information are not entitled to trade secret protection, or
  789  pursuant to an order of court.
  790         (2) The office department shall protect records, reports,
  791  or information or particular parts thereof, other than release
  792  or emissions data, obtained from an investigation, inspection,
  793  or audit from public disclosure pursuant to ss. 112(r) and
  794  114(c) of the federal Clean Air Act and authorities cited
  795  therein, based upon a showing satisfactory to the Administrator
  796  of the United States Environmental Protection Agency, by any
  797  owner or operator of a stationary source subject to the
  798  Accidental Release Prevention Program, that public release of
  799  such records, reports, or information would divulge methods or
  800  processes entitled to protection as trade secrets as provided
  801  for in 40 C.F.R. part 2, subpart B. Such records, reports, or
  802  information held by the office department are confidential and
  803  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
  804  of the State Constitution, unless a final determination has been
  805  made by the Administrator of the Environmental Protection Agency
  806  that such records, reports, or information are not entitled to
  807  trade secret protection, or pursuant to a court an order of
  808  court.
  809         Section 18. Section 252.946, Florida Statutes, is amended
  810  to read:
  811         252.946 Public records.—With regard to information
  812  submitted to the United States Environmental Protection Agency
  813  under this part or s. 112(r)(7), the office department of
  814  Community Affairs, the State Hazardous Materials Emergency
  815  Response Commission, and any local emergency planning committee
  816  may assist persons in electronically accessing such information
  817  held by the United States Environmental Protection Agency in its
  818  centralized database. If requested, the office department, the
  819  commission, or a committee may furnish copies of such United
  820  States Environmental Protection Agency records.
  821         Section 19. Paragraph (a) of subsection (4) of section
  822  282.34, Florida Statutes, is amended to read:
  823         282.34 Statewide e-mail service.—A state e-mail system that
  824  includes the delivery and support of e-mail, messaging, and
  825  calendaring capabilities is established as an enterprise
  826  information technology service as defined in s. 282.0041. The
  827  service shall be designed to meet the needs of all executive
  828  branch agencies. The primary goals of the service are to
  829  minimize the state investment required to establish, operate,
  830  and support the statewide service; reduce the cost of current e
  831  mail operations and the number of duplicative e-mail systems;
  832  and eliminate the need for each state agency to maintain its own
  833  e-mail staff.
  834         (4) All agencies must be completely migrated to the
  835  statewide e-mail service as soon as financially and
  836  operationally feasible, but no later than June 30, 2015.
  837         (a) The following statewide e-mail service implementation
  838  schedule is established for state agencies:
  839         1. Phase 1.—The following agencies must be completely
  840  migrated to the statewide e-mail system by June 30, 2012: the
  841  Agency for Enterprise Information Technology; the Department of
  842  Community Affairs, including the Division of Emergency
  843  Management; the Department of Corrections; the Department of
  844  Health; the Department of Highway Safety and Motor Vehicles; the
  845  Department of Management Services, including the Division of
  846  Administrative Hearings, the Division of Retirement, the
  847  Commission on Human Relations, and the Public Employees
  848  Relations Commission; the Southwood Shared Resource Center; and
  849  the Department of Revenue.
  850         2. Phase 2.—The following agencies must be completely
  851  migrated to the statewide e-mail system by June 30, 2013: the
  852  Department of Business and Professional Regulation; the
  853  Department of Education, including the Board of Governors; the
  854  Department of Environmental Protection; the Department of
  855  Juvenile Justice; the Department of the Lottery; the Department
  856  of State; the Department of Law Enforcement; the Department of
  857  Veterans’ Affairs; the Judicial Administration Commission; the
  858  Public Service Commission; and the Statewide Guardian Ad Litem
  859  Office.
  860         3. Phase 3.—The following agencies must be completely
  861  migrated to the statewide e-mail system by June 30, 2014: the
  862  Agency for Health Care Administration; the Agency for Workforce
  863  Innovation; the Department of Financial Services, including the
  864  Office of Financial Regulation and the Office of Insurance
  865  Regulation; the Department of Agriculture and Consumer Services;
  866  the Executive Office of the Governor, including the Office of
  867  Emergency Management; the Department of Transportation; the Fish
  868  and Wildlife Conservation Commission; the Agency for Persons
  869  With Disabilities; the Northwood Shared Resource Center; and the
  870  State Board of Administration.
  871         4. Phase 4.—The following agencies must be completely
  872  migrated to the statewide e-mail system by June 30, 2015: the
  873  Department of Children and Family Services; the Department of
  874  Citrus; the Department of Elderly Affairs; and the Department of
  875  Legal Affairs.
  876         Section 20. Paragraphs (a) and (d) of subsection (1) and
  877  subsection (4) of section 282.709, Florida Statutes, are amended
  878  to read:
  879         282.709 State agency law enforcement radio system and
  880  interoperability network.—
  881         (1) The department may acquire and administer a statewide
  882  radio communications system to serve law enforcement units of
  883  state agencies, and to serve local law enforcement agencies
  884  through mutual aid channels.
  885         (a) The department shall, in conjunction with the
  886  Department of Law Enforcement and the Office Division of
  887  Emergency Management of the Department of Community Affairs,
  888  establish policies, procedures, and standards to be incorporated
  889  into a comprehensive management plan for the use and operation
  890  of the statewide radio communications system.
  891         (d) The department shall exercise its powers and duties
  892  under this part to plan, manage, and administer the mutual aid
  893  channels in the statewide radio communication system.
  894         1. In implementing such powers and duties, the department
  895  shall consult and act in conjunction with the Department of Law
  896  Enforcement and the Office Division of Emergency Management of
  897  the Department of Community Affairs, and shall manage and
  898  administer the mutual aid channels in a manner that reasonably
  899  addresses the needs and concerns of the involved law enforcement
  900  agencies and emergency response agencies and entities.
  901         2. The department may make the mutual aid channels
  902  available to federal agencies, state agencies, and agencies of
  903  the political subdivisions of the state for the purpose of
  904  public safety and domestic security.
  905         (4) The department may create and administer an
  906  interoperability network to enable interoperability between
  907  various radio communications technologies and to serve federal
  908  agencies, state agencies, and agencies of political subdivisions
  909  of the state for the purpose of public safety and domestic
  910  security.
  911         (a) The department shall, in conjunction with the
  912  Department of Law Enforcement and the Office Division of
  913  Emergency Management of the Department of Community Affairs,
  914  exercise its powers and duties pursuant to this chapter to plan,
  915  manage, and administer the interoperability network. The office
  916  may:
  917         1. Enter into mutual aid agreements among federal agencies,
  918  state agencies, and political subdivisions of the state for the
  919  use of the interoperability network.
  920         2. Establish the cost of maintenance and operation of the
  921  interoperability network and charge subscribing federal and
  922  local law enforcement agencies for access and use of the
  923  network. The department may not charge state law enforcement
  924  agencies identified in paragraph (2)(a) to use the network.
  925         3. In consultation with the Department of Law Enforcement
  926  and the Office Division of Emergency Management of the
  927  Department of Community Affairs, amend and enhance the statewide
  928  radio communications system as necessary to implement the
  929  interoperability network.
  930         (b) The department, in consultation with the Joint Task
  931  Force on State Agency Law Enforcement Communications, and in
  932  conjunction with the Department of Law Enforcement and the
  933  Office Division of Emergency Management of the Department of
  934  Community Affairs, shall establish policies, procedures, and
  935  standards to incorporate into a comprehensive management plan
  936  for the use and operation of the interoperability network.
  937         Section 21. Paragraph (l) of subsection (1) of section
  938  311.115, Florida Statutes, is amended to read:
  939         311.115 Seaport Security Standards Advisory Council.—The
  940  Seaport Security Standards Advisory Council is created under the
  941  Office of Drug Control. The council shall serve as an advisory
  942  council as provided in s. 20.03(7).
  943         (1) The members of the council shall be appointed by the
  944  Governor and consist of the following:
  945         (l) The Director of the Office Division of Emergency
  946  Management, or his or her designee.
  947         Section 22. Subsections (1) and (2), paragraph (b) of
  948  subsection (3), and paragraph (b) of subsection (4) of section
  949  526.143, Florida Statutes, are amended to read:
  950         526.143 Alternate generated power capacity for motor fuel
  951  dispensing facilities.—
  952         (1) By June 1, 2007, Each motor fuel terminal facility, as
  953  defined in s. 526.303(16), and each wholesaler, as defined in s.
  954  526.303(17), which sells motor fuel in this state must be
  955  capable of operating its distribution loading racks using an
  956  alternate generated power source for a minimum of 72 hours.
  957  Pending a postdisaster examination of the equipment by the
  958  operator to determine any extenuating damage that would render
  959  it unsafe to use, the facility must have such alternate
  960  generated power source available for operation within no later
  961  than 36 hours after a major disaster as defined in s. 252.34.
  962  Installation of appropriate wiring, including a transfer switch,
  963  shall be performed by a certified electrical contractor. Each
  964  business that is subject to this subsection must keep a copy of
  965  the documentation of such installation on site or at its
  966  corporate headquarters. In addition, each business must keep a
  967  written statement attesting to the periodic testing and ensured
  968  operational capacity of the equipment. The required documents
  969  must be made available, upon request, to the Office Division of
  970  Emergency Management and the director of the county emergency
  971  management agency.
  972         (2) Each newly constructed or substantially renovated motor
  973  fuel retail outlet, as defined in s. 526.303(14), for which a
  974  certificate of occupancy is issued on or after July 1, 2006,
  975  shall be prewired with an appropriate transfer switch, and
  976  capable of operating all fuel pumps, dispensing equipment,
  977  lifesafety systems, and payment-acceptance equipment using an
  978  alternate generated power source. As used in this subsection,
  979  the term “substantially renovated” means a renovation that
  980  results in an increase of greater than 50 percent in the
  981  assessed value of the motor fuel retail outlet. Local building
  982  inspectors shall include this equipment and operations check in
  983  the normal inspection process before issuing a certificate of
  984  occupancy. Each retail outlet that is subject to this subsection
  985  must keep a copy of the certificate of occupancy on site or at
  986  its corporate headquarters. In addition, each retail outlet must
  987  keep a written statement attesting to the periodic testing of
  988  and ensured operational capability of the equipment. The
  989  required documents must be made available, upon request, to the
  990  Office Division of Emergency Management and the director of the
  991  county emergency management agency.
  992         (3)
  993         (b) Installation of appropriate wiring and transfer
  994  switches must be performed by a certified electrical contractor.
  995  Each retail outlet that is subject to this subsection must keep
  996  a copy of the documentation of such installation on site or at
  997  its corporate headquarters. In addition, each retail outlet must
  998  keep a written statement attesting to the periodic testing of
  999  and ensured operational capacity of the equipment. The required
 1000  documents must be made available, upon request, to the Office
 1001  Division of Emergency Management and the director of the county
 1002  emergency management agency.
 1003         (4)
 1004         (b) Subsections (2) and (3) do not apply to:
 1005         1. An automobile dealer;
 1006         2. A person who operates a fleet of motor vehicles;
 1007         3. A person who sells motor fuel exclusively to a fleet of
 1008  motor vehicles; or
 1009         4. A motor fuel retail outlet that has a written agreement
 1010  with a public hospital, in a form approved by the Office
 1011  Division of Emergency Management, wherein the public hospital
 1012  agrees to provide the motor fuel retail outlet with an
 1013  alternative means of power generation onsite so that the
 1014  outlet’s fuel pumps may be operated in the event of a power
 1015  outage.
 1016         Section 23. Paragraph (a) of subsection (1) and paragraph
 1017  (b) of subsection (4) of section 526.144, Florida Statutes, are
 1018  amended to read:
 1019         526.144 Florida Disaster Motor Fuel Supplier Program.—
 1020         (1)(a) There is created the Florida Disaster Motor Fuel
 1021  Supplier Program within the Office of Emergency Management
 1022  Department of Community Affairs.
 1023         (4)
 1024         (b) Notwithstanding any other law or other ordinance and
 1025  for the purpose of ensuring an appropriate emergency management
 1026  response following major disasters in this state, the regulation
 1027  of all other retail establishments participating in such
 1028  response is shall be as follows:
 1029         1. Regulation of retail establishments that meet the
 1030  standards created by the Office Division of Emergency Management
 1031  in the report required in s. 8, chapter 2006-71, Laws of
 1032  Florida, by July 1, 2007, is preempted to the state and until
 1033  such standards are adopted, the regulation of these retail
 1034  establishments is preempted to the state;
 1035         2. The division shall provide written certification of such
 1036  preemption to retail establishments that qualify and shall
 1037  provide such information to local governments upon request; and
 1038         3. Regulation of retail establishments that do not meet the
 1039  operational standards is subject to local government laws or
 1040  ordinances.
 1041         Section 24. Paragraph (b) of subsection (2) of section
 1042  627.0628, Florida Statutes, is amended to read:
 1043         627.0628 Florida Commission on Hurricane Loss Projection
 1044  Methodology; public records exemption; public meetings
 1045  exemption.—
 1046         (2) COMMISSION CREATED.—
 1047         (b) The commission shall consist of the following 11
 1048  members:
 1049         1. The insurance consumer advocate.
 1050         2. The senior employee of the State Board of Administration
 1051  responsible for operations of the Florida Hurricane Catastrophe
 1052  Fund.
 1053         3. The Executive Director of the Citizens Property
 1054  Insurance Corporation.
 1055         4. The Director of the Office Division of Emergency
 1056  Management of the Department of Community Affairs.
 1057         5. The actuary member of the Florida Hurricane Catastrophe
 1058  Fund Advisory Council.
 1059         6. An employee of the office who is an actuary responsible
 1060  for property insurance rate filings and who is appointed by the
 1061  director of the office.
 1062         7. Five members appointed by the Chief Financial Officer,
 1063  as follows:
 1064         a. An actuary who is employed full time by a property and
 1065  casualty insurer which was responsible for at least 1 percent of
 1066  the aggregate statewide direct written premium for homeowner’s
 1067  insurance in the calendar year preceding the member’s
 1068  appointment to the commission.
 1069         b. An expert in insurance finance who is a full-time member
 1070  of the faculty of the State University System and who has a
 1071  background in actuarial science.
 1072         c. An expert in statistics who is a full-time member of the
 1073  faculty of the State University System and who has a background
 1074  in insurance.
 1075         d. An expert in computer system design who is a full-time
 1076  member of the faculty of the State University System.
 1077         e. An expert in meteorology who is a full-time member of
 1078  the faculty of the State University System and who specializes
 1079  in hurricanes.
 1080         Section 25. Paragraph (d) of subsection (2) of section
 1081  768.13, Florida Statutes, is amended to read:
 1082         768.13 Good Samaritan Act; immunity from civil liability.—
 1083         (2)
 1084         (d) Any person whose acts or omissions are not otherwise
 1085  covered by this section and who participates in emergency
 1086  response activities under the direction of or in connection with
 1087  a community emergency response team, local emergency management
 1088  agencies, the Office Division of Emergency Management of the
 1089  Department of Community Affairs, or the Federal Emergency
 1090  Management Agency is not liable for any civil damages as a
 1091  result of care, treatment, or services provided gratuitously in
 1092  such capacity and resulting from any act or failure to act in
 1093  such capacity in providing or arranging further care, treatment,
 1094  or services, if such person acts as a reasonably prudent person
 1095  would have acted under the same or similar circumstances.
 1096         Section 26. Subsection (14) of section 943.03, Florida
 1097  Statutes, is amended to read:
 1098         943.03 Department of Law Enforcement.—
 1099         (14) The department, with respect to counter-terrorism
 1100  efforts, responses to acts of terrorism within or affecting this
 1101  state, and other matters related to the domestic security of
 1102  Florida as it relates to terrorism, shall coordinate and direct
 1103  the law enforcement, initial emergency, and other initial
 1104  responses. The department shall work closely with the Office
 1105  Division of Emergency Management, other federal, state, and
 1106  local law enforcement agencies, fire and rescue agencies, first
 1107  responder agencies, and others involved in preparation against
 1108  acts of terrorism in or affecting this state and in the response
 1109  to such acts. The executive director of the department, or
 1110  another member of the department designated by the director,
 1111  shall serve as Chief of Domestic Security for the purpose of
 1112  directing and coordinating such efforts. The department and
 1113  Chief of Domestic Security shall use the regional domestic
 1114  security task forces as established in this chapter to assist in
 1115  such efforts.
 1116         Section 27. Section 943.03101, Florida Statutes, is amended
 1117  to read:
 1118         943.03101 Counter-terrorism coordination.—The Legislature
 1119  finds that with respect to counter-terrorism efforts and initial
 1120  responses to acts of terrorism within or affecting this state,
 1121  specialized efforts of emergency management which that are
 1122  unique to such situations are required and that these efforts
 1123  intrinsically involve very close coordination of federal, state,
 1124  and local law enforcement agencies with the efforts of all
 1125  others involved in emergency-response efforts. In order to best
 1126  provide this specialized effort with respect to counter
 1127  terrorism efforts and responses, the Legislature has determined
 1128  that such efforts should be coordinated by and through the
 1129  Department of Law Enforcement, working closely with the Office
 1130  Division of Emergency Management and others involved in
 1131  preparation against acts of terrorism in or affecting this
 1132  state, and in the initial response to such acts, in accordance
 1133  with the state comprehensive emergency management plan prepared
 1134  pursuant to s. 252.35(2)(a).
 1135         Section 28. Paragraph (d) of subsection (1) and subsection
 1136  (3) of section 943.0312, Florida Statutes, are amended to read:
 1137         943.0312 Regional domestic security task forces.—The
 1138  Legislature finds that there is a need to develop and implement
 1139  a statewide strategy to address prevention, preparation,
 1140  protection, response, and recovery efforts by federal, state,
 1141  and local law enforcement agencies, emergency management
 1142  agencies, fire and rescue departments, first-responder personnel
 1143  and others in dealing with potential or actual terrorist acts
 1144  within or affecting this state.
 1145         (1) To assist the department and the Chief of Domestic
 1146  Security in performing their roles and duties in this regard,
 1147  the department shall establish a regional domestic security task
 1148  force in each of the department’s operational regions. The task
 1149  forces shall serve in an advisory capacity to the department and
 1150  the Chief of Domestic Security and shall provide support to the
 1151  department in its performance of functions pertaining to
 1152  domestic security.
 1153         (d) The co-chairs of each task force may appoint
 1154  subcommittees and subcommittee chairs as necessary in order to
 1155  address issues related to the various disciplines represented on
 1156  the task force, except that subcommittee chairs for emergency
 1157  management shall be appointed with the approval of the director
 1158  of the Office Division of Emergency Management. A subcommittee
 1159  chair shall serve at the pleasure of the co-chairs.
 1160         (3) The Chief of Domestic Security, in conjunction with the
 1161  Office Division of Emergency Management, the regional domestic
 1162  security task forces, and the various state entities responsible
 1163  for establishing training standards applicable to state law
 1164  enforcement officers and fire, emergency, and first-responder
 1165  personnel shall identify appropriate equipment and training
 1166  needs, curricula, and materials related to the effective
 1167  response to suspected or actual acts of terrorism or incidents
 1168  involving real or hoax weapons of mass destruction as defined in
 1169  s. 790.166. Recommendations for funding for purchases of
 1170  equipment, delivery of training, implementation of, or revision
 1171  to basic or continued training required for state licensure or
 1172  certification, or other related responses shall be made by the
 1173  Chief of Domestic Security to the Domestic Security Oversight
 1174  Council, the Executive Office of the Governor, the President of
 1175  the Senate, and the Speaker of the House of Representatives as
 1176  necessary to ensure that the needs of this state with regard to
 1177  the preparing, equipping, training, and exercising of response
 1178  personnel are identified and addressed. In making such
 1179  recommendations, the Chief of Domestic Security and the Office
 1180  Division of Emergency Management shall identify all funding
 1181  sources that may be available to fund such efforts.
 1182         Section 29. Paragraph (a) of subsection (1), paragraph (b)
 1183  of subsection (2), and paragraph (b) of subsection (4) of
 1184  section 943.0313, Florida Statutes, are amended to read:
 1185         943.0313 Domestic Security Oversight Council.—The
 1186  Legislature finds that there exists a need to provide executive
 1187  direction and leadership with respect to terrorism prevention,
 1188  preparation, protection, response, and recovery efforts by state
 1189  and local agencies in this state. In recognition of this need,
 1190  the Domestic Security Oversight Council is hereby created. The
 1191  council shall serve as an advisory council pursuant to s.
 1192  20.03(7) to provide guidance to the state’s regional domestic
 1193  security task forces and other domestic security working groups
 1194  and to make recommendations to the Governor and the Legislature
 1195  regarding the expenditure of funds and allocation of resources
 1196  related to counter-terrorism and domestic security efforts.
 1197         (1) MEMBERSHIP.—
 1198         (a) The Domestic Security Oversight Council shall consist
 1199  of the following voting members:
 1200         1. The executive director of the Department of Law
 1201  Enforcement.
 1202         2. The director of the Office Division of Emergency
 1203  Management within the Department of Community Affairs.
 1204         3. The Attorney General.
 1205         4. The Commissioner of Agriculture.
 1206         5. The State Surgeon General.
 1207         6. The Commissioner of Education.
 1208         7. The State Fire Marshal.
 1209         8. The adjutant general of the Florida National Guard.
 1210         9. The state chief information officer.
 1211         10. Each sheriff or chief of police who serves as a co
 1212  chair of a regional domestic security task force pursuant to s.
 1213  943.0312(1)(b).
 1214         11. Each of the department’s special agents in charge who
 1215  serve as a co-chair of a regional domestic security task force.
 1216         12. Two representatives of the Florida Fire Chiefs
 1217  Association.
 1218         13. One representative of the Florida Police Chiefs
 1219  Association.
 1220         14. One representative of the Florida Prosecuting Attorneys
 1221  Association.
 1222         15. The chair of the Statewide Domestic Security
 1223  Intelligence Committee.
 1224         16. One representative of the Florida Hospital Association.
 1225         17. One representative of the Emergency Medical Services
 1226  Advisory Council.
 1227         18. One representative of the Florida Emergency
 1228  Preparedness Association.
 1229         19. One representative of the Florida Seaport
 1230  Transportation and Economic Development Council.
 1231         (2) ORGANIZATION.—
 1232         (b) The executive director of the Department of Law
 1233  Enforcement shall serve as chair of the council, and the
 1234  director of the Office Division of Emergency Management within
 1235  the Department of Community Affairs shall serve as vice chair of
 1236  the council. In the absence of the chair, the vice chair shall
 1237  serve as chair. In the absence of the vice chair, the chair may
 1238  name any member of the council to perform the duties of the
 1239  chair if such substitution does not extend beyond a defined
 1240  meeting, duty, or period of time.
 1241         (4) EXECUTIVE COMMITTEE.—
 1242         (b) The executive director of the Department of Law
 1243  Enforcement shall serve as the chair of the executive committee,
 1244  and the director of the Office Division of Emergency Management
 1245  within the Department of Community Affairs shall serve as the
 1246  vice chair of the executive committee.
 1247         Section 30. Subsection (3) of section 112.3135, Florida
 1248  Statutes, is amended to read:
 1249         112.3135 Restriction on employment of relatives.—
 1250         (3) An agency may prescribe regulations authorizing the
 1251  temporary employment, in the event of an emergency as defined in
 1252  s. 252.34(3), of individuals whose employment would be otherwise
 1253  prohibited by this section.
 1254         Section 31. Paragraph (d) of subsection (2) of section
 1255  119.071, Florida Statutes, is amended to read:
 1256         119.071 General exemptions from inspection or copying of
 1257  public records.—
 1258         (2) AGENCY INVESTIGATIONS.—
 1259         (d) Any information revealing surveillance techniques or
 1260  procedures or personnel is exempt from s. 119.07(1) and s.
 1261  24(a), Art. I of the State Constitution. Any comprehensive
 1262  inventory of state and local law enforcement resources compiled
 1263  pursuant to part I, chapter 23, and any comprehensive policies
 1264  or plans compiled by a criminal justice agency pertaining to the
 1265  mobilization, deployment, or tactical operations involved in
 1266  responding to an emergency emergencies, as defined in s.
 1267  252.34(3), are exempt from s. 119.07(1) and s. 24(a), Art. I of
 1268  the State Constitution and unavailable for inspection, except by
 1269  personnel authorized by a state or local law enforcement agency,
 1270  the office of the Governor, the Department of Legal Affairs, the
 1271  Department of Law Enforcement, or the Department of Community
 1272  Affairs as having an official need for access to the inventory
 1273  or comprehensive policies or plans.
 1274         Section 32. Paragraph (c) of subsection (1) of section
 1275  163.03, Florida Statutes, is amended to read:
 1276         163.03 Secretary of Community Affairs; powers and duties;
 1277  function of Department of Community Affairs with respect to
 1278  federal grant-in-aid programs.—
 1279         (1) The Secretary of Community Affairs shall:
 1280         (c) Under the direction of the Governor, administer
 1281  programs to apply rapidly all available aid to communities
 1282  stricken by an emergency as defined in s. 252.34(3) and, for
 1283  this purpose, provide liaison with federal agencies and other
 1284  public and private agencies.
 1285         Section 33. Subsection (10) of section 163.360, Florida
 1286  Statutes, is amended to read:
 1287         163.360 Community redevelopment plans.—
 1288         (10) Notwithstanding any other provisions of this part, if
 1289  when the governing body certifies that an area is in need of
 1290  redevelopment or rehabilitation as a result of an emergency as
 1291  defined in under s. 252.34(3), with respect to which the
 1292  Governor has certified the need for emergency assistance under
 1293  federal law, that area may be certified as a “blighted area,”
 1294  and the governing body may approve a community redevelopment
 1295  plan and community redevelopment with respect to such area
 1296  without regard to the provisions of this section requiring a
 1297  general plan for the county or municipality and a public hearing
 1298  on the community redevelopment.
 1299         Section 34. Subsection (1) of section 175.021, Florida
 1300  Statutes, is amended to read:
 1301         175.021 Legislative declaration.—
 1302         (1) It is hereby declared by the Legislature that
 1303  firefighters, as hereinafter defined, perform state and
 1304  municipal functions; that it is their duty to extinguish fires,
 1305  to protect life, and to protect property at their own risk and
 1306  peril; that it is their duty to prevent conflagration and to
 1307  continuously instruct school personnel, public officials, and
 1308  private citizens in the prevention of fires and firesafety; that
 1309  they protect both life and property from local emergencies as
 1310  defined in s. 252.34(3); and that their activities are vital to
 1311  the public safety. It is further declared that firefighters
 1312  employed by special fire control districts serve under the same
 1313  circumstances and perform the same duties as firefighters
 1314  employed by municipalities and should therefore be entitled to
 1315  the benefits available under this chapter. Therefore, the
 1316  Legislature declares that it is a proper and legitimate state
 1317  purpose to provide a uniform retirement system for the benefit
 1318  of firefighters as hereinafter defined and intends, in
 1319  implementing the provisions of s. 14, Art. X of the State
 1320  Constitution as they relate to municipal and special district
 1321  firefighters’ pension trust fund systems and plans, that such
 1322  retirement systems or plans be managed, administered, operated,
 1323  and funded in such manner as to maximize the protection of the
 1324  firefighters’ pension trust funds. Pursuant to s. 18, Art. VII
 1325  of the State Constitution, the Legislature hereby determines and
 1326  declares that the provisions of this act fulfill an important
 1327  state interest.
 1328         Section 35. Subsection (11) of section 186.505, Florida
 1329  Statutes, is amended to read:
 1330         186.505 Regional planning councils; powers and duties.—Any
 1331  regional planning council created hereunder shall have the
 1332  following powers:
 1333         (11) To cooperate, in the exercise of its planning
 1334  functions, with federal and state agencies in planning for
 1335  emergency management as defined in under s. 252.34(4).
 1336         Section 36. Subsection (1) of section 216.231, Florida
 1337  Statutes, is amended to read:
 1338         216.231 Release of certain classified appropriations.—
 1339         (1)(a) Any appropriation to the Executive Office of the
 1340  Governor which is classified as an emergency,” as defined in s.
 1341  252.34(3), may be released only with the approval of the
 1342  Governor. The state agency, or the judicial branch, desiring the
 1343  use of the emergency appropriation shall submit to the Executive
 1344  Office of the Governor application therefor in writing setting
 1345  forth the facts from which the alleged need arises. The
 1346  Executive Office of the Governor shall, at a public hearing,
 1347  review such application promptly and approve or disapprove the
 1348  applications as the circumstances may warrant. All actions of
 1349  the Executive Office of the Governor shall be reported to the
 1350  legislative appropriations committees, and the committees may
 1351  advise the Executive Office of the Governor relative to the
 1352  release of such funds.
 1353         (b) The release of appropriated funds classified as
 1354  “emergency” shall be approved only if when an act or
 1355  circumstance caused by an act of God, civil disturbance, natural
 1356  disaster, or other circumstance of an emergency nature
 1357  threatens, endangers, or damages the property, safety, health,
 1358  or welfare of the state or its residents citizens, which
 1359  condition has not been provided for in appropriation acts of the
 1360  Legislature. Funds allocated for this purpose may be used to pay
 1361  overtime pay to personnel of agencies called upon to perform
 1362  extra duty because of any civil disturbance or other emergency
 1363  as defined in s. 252.34(3) and to provide the required state
 1364  match for federal grants under the federal Disaster Relief Act.
 1365         Section 37. Subsections (3) and (4) of section 250.06,
 1366  Florida Statutes, are amended to read:
 1367         250.06 Commander in chief.—
 1368         (3) The Governor may, in order to preserve the public
 1369  peace, execute the laws of the state, suppress insurrection,
 1370  repel invasion, respond to an emergency as defined in s.
 1371  252.34(3) or imminent danger thereof, or, in case of the calling
 1372  of all or any portion of the militia of this state Florida into
 1373  the services of the United States, may increase the Florida
 1374  National Guard and organize it in accordance with rules and
 1375  regulations governing the Armed Forces of the United States.
 1376  Such organization and increase may be pursuant to or in advance
 1377  of any call made by the President of the United States. If the
 1378  Florida National Guard is activated into service of the United
 1379  States, another organization may not be designated as the
 1380  Florida National Guard.
 1381         (4) The Governor may, in order to preserve the public
 1382  peace, execute the laws of the state, enhance domestic security,
 1383  respond to terrorist threats or attacks, respond to an emergency
 1384  as defined in s. 252.34(3) or imminent danger thereof, or
 1385  respond to any need for emergency aid to civil authorities as
 1386  specified in s. 250.28, order into state active duty all or any
 1387  part of the militia which he or she deems proper.
 1388         Section 38. Paragraph (g) of subsection (7) of section
 1389  339.135, Florida Statutes, is amended to read:
 1390         339.135 Work program; legislative budget request;
 1391  definitions; preparation, adoption, execution, and amendment.—
 1392         (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
 1393         (g) Notwithstanding the requirements in paragraphs (d) and
 1394  (g) and ss. 216.177(2) and 216.351, the secretary may request
 1395  the Executive Office of the Governor to amend the adopted work
 1396  program when an emergency exists, as defined in s. 252.34(3),
 1397  and the emergency relates to the repair or rehabilitation of any
 1398  state transportation facility. The Executive Office of the
 1399  Governor may approve the amendment to the adopted work program
 1400  and amend that portion of the department’s approved budget if a
 1401  in the event that the delay incident to the notification
 1402  requirements in paragraph (d) would be detrimental to the
 1403  interests of the state. However, the department shall
 1404  immediately notify the parties specified in paragraph (d) and
 1405  shall provide such parties written justification for the
 1406  emergency action within 7 days after of the approval by the
 1407  Executive Office of the Governor of the amendment to the adopted
 1408  work program and the department’s budget. In no event may The
 1409  adopted work program may not be amended under the provisions of
 1410  this subsection without the certification by the comptroller of
 1411  the department that there are sufficient funds available
 1412  pursuant to the 36-month cash forecast and applicable statutes.
 1413         Section 39. Paragraph (b) of subsection (2) of section
 1414  429.907, Florida Statutes, is amended to read:
 1415         429.907 License requirement; fee; exemption; display.—
 1416         (2)
 1417         (b) If In the event a licensed center becomes wholly or
 1418  substantially unusable due to a disaster as defined in s.
 1419  252.34(1) or due to an emergency as those terms are defined in
 1420  s. 252.34(3):
 1421         1. The licensee may continue to operate under its current
 1422  license in a premise or premises separate from that authorized
 1423  under the license if the licensee has:
 1424         a. Specified the location of the premise or premises in its
 1425  comprehensive emergency management plan submitted to and
 1426  approved by the applicable county emergency management
 1427  authority; and
 1428         b. Notified the agency and the county emergency management
 1429  authority within 24 hours of operating in the separate premise
 1430  or premises.
 1431         2. The licensee shall operate the separate premise or
 1432  premises only while the licensed center’s original location is
 1433  substantially unusable and for up to no longer than 180 days.
 1434  The agency may extend use of the alternate premise or premises
 1435  beyond the initial 180 days. The agency may also review the
 1436  operation of the disaster premise or premises quarterly.
 1437         Section 40. The Division of Statutory Revision is requested
 1438  to prepare a reviser’s bill for introduction at the next regular
 1439  session of the Legislature to conform the Florida Statutes to
 1440  changes made by this act.
 1441         Section 41. This act shall take effect October 1, 2011.