Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1610
       
       
       
       
       
       
                                Ì678890NÎ678890                         
       
                              LEGISLATIVE ACTION                        
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       Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development (Montford) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. The Hurricane Michael Recovery Task Force, a
    6  task force as defined in s. 20.03, Florida Statutes, is
    7  established adjunct to the Division of Emergency Management to
    8  make recommendations to the Legislature regarding additional
    9  assistance needed in the response to, the recovery from, and the
   10  mitigation of the effects of Hurricane Michael in the areas
   11  designated in the federal disaster declaration DR-4399. The task
   12  force shall review the local, state, and federal activities
   13  conducted and the resources provided in such areas, the
   14  effectiveness of such efforts, and any additional assistance
   15  necessary.
   16         (1) The task force must consist of the following five
   17  members:
   18         (a) One member representing the business community, who
   19  shall serve as chair, appointed by the Governor.
   20         (b) One member representing agricultural interests,
   21  appointed by the Commissioner of Agriculture.
   22         (c) One member representing the fishing industry, appointed
   23  by the Fish and Wildlife Conservation Commission.
   24         (d) One member representing emergency response, appointed
   25  by the executive director of the Division of Emergency
   26  Management.
   27         (e) One member representing housing interests, appointed by
   28  the executive director of the Department of Economic
   29  Opportunity.
   30         (2) Members shall serve at the pleasure of their appointing
   31  official. Any vacancy must be filled in the same manner as the
   32  original appointment. A member of the Legislature or a
   33  registered lobbyist may not be appointed to the task force.
   34  Members shall serve without compensation, but are entitled to
   35  reimbursement of travel and per diem expenses pursuant to
   36  section 112.061, Florida Statutes, in the performance of their
   37  duties and responsibilities under this section.
   38         (3) The task force shall report its findings and make
   39  specific recommendations for further response, recovery, and
   40  mitigation to the President of the Senate, the Speaker of the
   41  House of Representatives, and the Governor by December 15, 2019.
   42  The task force is dissolved not later than March 10, 2020.
   43         Section 2. Subject to the appropriation of funds for that
   44  purpose by the Legislature, the Division of Emergency Management
   45  must prepare an after-action report on the shelter operations
   46  that took place during Hurricane Michael. The division shall
   47  examine the latest available Statewide Emergency Shelter Plan
   48  prepared pursuant to ss. 252.385 and 1013.372, Florida Statutes,
   49  to determine, based on the number of people who evacuated during
   50  Hurricane Michael, whether there is sufficient capacity of
   51  general population hurricane evacuation shelter space and of
   52  special needs hurricane evacuation shelter space in the
   53  applicable regional planning council regions. The report must
   54  include basic information for each shelter activated during
   55  Hurricane Michael, including the shelter type (general
   56  population, special needs, or pet friendly), name, address, and
   57  maximum occupant capacity. Additionally, the report must provide
   58  functional data for each shelter, including the number of
   59  persons served at each shelter throughout the event, the
   60  timeline for opening and closing each shelter, and whether each
   61  shelter had sufficient staff, security, transportation,
   62  equipment, lavatories, sanitation, feeding capabilities,
   63  capacity, and standby or emergency power. The report also must
   64  identify any unmet needs at each shelter and must indicate
   65  whether each shelter met or exceeded the American Red Cross
   66  Standards for Hurricane Evacuation Shelter Selection (ARC 4496).
   67  Finally, the report must identify any shelter not activated for
   68  Hurricane Michael and the basis for the determination not to
   69  activate it, such as the inability of the shelter to withstand a
   70  certain level hurricane impact. The report must be completed and
   71  presented to the President of the Senate, the Speaker of the
   72  House of Representatives, and the Governor by December 15, 2019.
   73         Section 3. The Department of Economic Opportunity shall
   74  include a program to retrofit or to repair hurricane evacuation
   75  shelters in any action plan submitted to the federal Department
   76  of Housing and Urban Development for use of the funds made
   77  available under Grant Number B-18-DP-12-0002, provided that
   78  federal guidance for use of the funds allows such a program.
   79         Section 4. Subject to the appropriation of funds for that
   80  purpose by the Legislature, the Division of Emergency Management
   81  must competitively procure a consultant to conduct a study of
   82  facilities used as emergency operations centers. At a minimum,
   83  the study must assess the availability, capacity, communications
   84  capabilities, hurricane rating, and other safety conditions of
   85  such centers. The study must also assess the need for a new
   86  emergency operations center to serve one or more counties in a
   87  given region or for upgrades to existing centers. The study must
   88  make recommendations as to how the state may best address
   89  communities’ needs for emergency operations centers, or access
   90  to such centers, and necessary changes to existing centers to
   91  ensure the best possible emergency response in a region. The
   92  study may take into account the geographic locations of
   93  emergency operations centers and may recommend joint agreements
   94  for use of such centers for emergency response. A report of the
   95  findings of the study must be completed by December 15, 2019,
   96  and presented to the President of the Senate, the Speaker of the
   97  House of Representatives, and the Governor.
   98         Section 5. Section 420.57, Florida Statutes, is created to
   99  read:
  100         420.57Hurricane recovery programs.—
  101         (1)(a)Subject to the appropriation of funds for that
  102  purpose by the Legislature, the Hurricane Housing Recovery
  103  Program is created to provide funds to local governments for
  104  their affordable housing recovery efforts, similar to the State
  105  Housing Initiatives Partnership Program as set forth in ss.
  106  420.907-420.9079. The Florida Housing Finance Corporation shall
  107  administer the Hurricane Housing Recovery Program.
  108  Notwithstanding ss. 420.9072 and 420.9073, the Florida Housing
  109  Finance Corporation shall allocate resources to local
  110  governments according to a need-based formula that reflects
  111  housing damage estimates and population effects resulting from
  112  hurricanes. An eligible local government must submit a strategy
  113  outlining proposed recovery actions, household income levels,
  114  and the number of residential units to be served and an
  115  associated funding request. Program funds must be used to serve
  116  households with incomes of up to 120 percent of area median
  117  income, except that at least 30 percent of program funds must be
  118  reserved for households with incomes of up to 50 percent of area
  119  median income and an additional 30 percent of program funds must
  120  be reserved for households with incomes of up to 80 percent of
  121  area median income. Program funds must be used as specified for
  122  each of the following purposes:
  123         1.At least 65 percent must be used for homeownership.
  124         2.Up to 15 percent may be used for administrative expenses
  125  to ensure the expeditious use of funds.
  126         3.Up to one-quarter of 1 percent may be used by the
  127  Florida Housing Finance Corporation for compliance monitoring.
  128         (b)Each participating local government shall submit to the
  129  Florida Housing Finance Corporation an annual report on its use
  130  of funds from the Hurricane Housing Recovery Program. The
  131  corporation shall compile the reports and submit them to the
  132  President of the Senate and the Speaker of the House of
  133  Representatives.
  134         (2)(a)Subject to the appropriation of funds by the
  135  Legislature for that purpose, the Rental Recovery Loan Program
  136  is created to provide funds to build additional rental housing
  137  due to impacts to the affordable housing stock and changes to
  138  the population resulting from hurricanes. The Florida Housing
  139  Finance Corporation shall administer the program. The program is
  140  intended to allow the state to leverage additional federal
  141  rental financing similar to the State Apartment Incentive Loan
  142  Program as described in s. 420.5087.
  143         (b)Each participating local government shall submit to the
  144  Florida Housing Finance Corporation an annual report on its use
  145  of funds from the Rental Recovery Loan Program. The corporation
  146  shall compile the reports and submit them to the President of
  147  the Senate and the Speaker of the House of Representatives.
  148         (3)The Florida Housing Finance Corporation may adopt rules
  149  to administer this section.
  150         Section 6. The Department of Economic Opportunity shall
  151  include a program to repair, renovate, or replace single-family
  152  housing in any action plan submitted to the federal Department
  153  of Housing and Urban Development for use of the grant funds
  154  appropriated in response to Hurricane Michael, provided that
  155  federal guidance for the use of the funds allows such a program.
  156         Section 7. (1)The Florida Building Commission shall, in
  157  consultation with the Building Officials Association of Florida,
  158  the Florida Home Builders Association, and other stakeholders,
  159  review the effects of Hurricane Michael and make recommendations
  160  to strengthen and enhance the design, construction, and
  161  lifesafety provisions of the Florida Building Code, especially
  162  as they are applied in the Florida Panhandle. Recommendations
  163  must address at least all of the following:
  164         (a) The revision of design wind speed maps of the
  165  Panhandle, including county-specific design wind speed maps for
  166  each building risk category.
  167         (b) The effects of flood hazard designations and the flood
  168  loads and the related effects of flood depth, of velocity, of
  169  scour/erosion, and of wave/debris.
  170         (c) Storm-induced damage to power-generating stations and
  171  other public utility facilities.
  172         (d) Service disruption and building envelope breach
  173  potential for critical facilities, such as hospitals.
  174         (2) The commission shall submit a final report including
  175  its recommendations to the President of the Senate and the
  176  Speaker of the House of Representatives no later than September
  177  1, 2019.
  178         (3) This section expires December 31, 2019.
  179         Section 8. (1)Subject to the appropriation of funds by the
  180  Legislature for that purpose, there is established for the 2019
  181  2020 fiscal year a Public Facilities Hurricane Restoration Cash
  182  Flow Loan Program. Counties, municipalities, and district school
  183  boards that need assistance with cash flow in order to make
  184  timely payments to contractors and suppliers in restoring their
  185  county, municipal, or educational facilities damaged by a named
  186  hurricane or tropical storm during the 2018 hurricane season may
  187  apply to the Department of Economic Opportunity for a cash flow
  188  loan. The amount of the loan may not exceed the amount the
  189  county, municipality, or district school board needs to meet
  190  timely payments to contractors and suppliers for the restoration
  191  of damaged facilities. To be eligible for a cash flow loan, a
  192  county, municipality, or district school board must meet all of
  193  the following requirements:
  194         (a) Have one or more county, municipal, or educational
  195  facilities damaged or destroyed by a named hurricane or tropical
  196  storm during the 2018 hurricane season.
  197         (b) Have an agreement to pay contractors or suppliers for
  198  the restoration of the damaged facilities, but have insufficient
  199  cash flow to make timely payments.
  200         (c) Agree to repay, from funds received from insurance
  201  claims, Federal Emergency Management Agency payments, or other
  202  fund sources, the full amount of the funds received from the
  203  cash flow loan program.
  204         (d) Agree that if repayment is not made in a timely manner,
  205  the Department of Economic Opportunity must withhold future
  206  distribution of public capital outlay funds, or other fixed
  207  capital outlay funds, until repayment is received by the
  208  department.
  209         (2) The Department of Economic Opportunity shall provide
  210  information and instructions for applying for a cash flow loan
  211  and administer the loans in accordance with this act. The
  212  department shall distribute loan funds based on the county or
  213  municipal governing body’s or district superintendent’s
  214  certification of the amount needed for payments that are due
  215  within the following 30 days. All funds repaid shall be
  216  deposited unallocated into the Budget Stabilization Fund within
  217  30 days after receipt by the department.
  218         (3) The Division of Emergency Management shall notify the
  219  Department of Economic Opportunity when payments from the
  220  Federal Emergency Management Agency for a named hurricane or
  221  tropical storm during the 2018 hurricane season have been
  222  distributed to a county, municipality, or district school board
  223  that has received a public facilities hurricane restoration cash
  224  flow loan.
  225         Section 9. Paragraph (c) of subsection (2) and subsection
  226  (4) of section 570.82, Florida Statutes, are amended to read:
  227         570.82 Agricultural Economic Development Program disaster
  228  loans and grants and aid.—
  229         (2) ELIGIBLE CROPS.—Crops eligible for the emergency loan
  230  program include:
  231         (c) Crops grown for fiber, except for trees.
  232         (4) LOAN APPLICATION.—In order to qualify for a loan under
  233  this section, an applicant must submit an application to the
  234  department within 90 days after the date the natural disaster or
  235  socioeconomic condition or event occurs or the crop damage
  236  becomes apparent. However, for applicants applying for a loan
  237  under this section related to the effects of Hurricane Michael
  238  that occurred in 2018, an applicant must submit an application
  239  to the department by December 1, 2019. An applicant must be a
  240  citizen of the United States and a bona fide resident of the
  241  state and must also demonstrate the need for economic assistance
  242  and demonstrate that he or she has the ability to repay the
  243  loan.
  244         Section 10. (1) This section applies only to school
  245  districts in Holmes, Washington, Bay, Jackson, Calhoun, Gulf,
  246  Liberty, Gadsden, Franklin, Wakulla, Leon, and Taylor Counties.
  247         (2) For the school districts specified within this section,
  248  the statewide, standardized assessment requirements for a
  249  standard high school diploma for grade 12 high school students
  250  in their senior year during the 2018-2019 school year are
  251  waived. Any grade 12 high school student who is in his or her
  252  senior year during the 2018-2019 school year and who has met the
  253  18 or 24 credit and 2.0 GPA requirements as provided in s.
  254  1003.4282, Florida Statutes, must be granted a standard high
  255  school diploma by his or her respective school.
  256         (3)For the school districts specified within this section,
  257  the statewide, standardized assessment for grade 3 promotion for
  258  the 2018-2019 school year is waived. The promotion of grade 3
  259  students must be based on the preponderance of the evidence
  260  through measures determined by each school district.
  261         (4) For the school districts specified within this section,
  262  school grades, as established in s. 1008.34, Florida Statutes,
  263  for the 2018-2019 school year must be calculated and released
  264  for informational purposes only. School districts shall be held
  265  harmless from any liability for the release of grades for
  266  informational purposes only. School grades for the 2018-2019
  267  school year must be based on student enrollment for Surveys 2
  268  and 3 match files.
  269         (5) The Legislature finds that, because of the catastrophic
  270  nature of Hurricane Michael, families in school districts under
  271  this section are displaced, and the loss of housing has
  272  drastically changed the mobility of students. The Legislature
  273  also finds that, until students’ housing arrangements stabilize,
  274  no method exists to capture an accurate assessment of a school’s
  275  performance in the school districts. Further, the Legislature
  276  finds that the enrollment of students for the survey request
  277  files will be a small representation of school district
  278  performance and not a true measurement of performance.
  279         Section 11. Subsection (6) is added to section 1008.33,
  280  Florida Statutes, to read:
  281         1008.33 Authority to enforce public school improvement.—
  282         (6) Upon the effective date of this act, the department
  283  shall suspend the administration of its duties and obligations
  284  under subsection (3) for the remainder of the 2018-2019 school
  285  year and for the 2019-2020 school year for school districts in
  286  Holmes, Washington, Bay, Jackson, Calhoun, Gulf, Liberty,
  287  Gadsden, Franklin, Wakulla, Leon, and Taylor Counties. This
  288  subsection expires on July 1, 2020.
  289         Section 12. The Division of Law Revision is directed to
  290  replace the phrase “the effective date of this act” wherever it
  291  occurs in this act with the date this act becomes a law.
  292         Section 13. This act shall take effect upon becoming a law.
  293  
  294  ================= T I T L E  A M E N D M E N T ================
  295  And the title is amended as follows:
  296         Delete everything before the enacting clause
  297  and insert:
  298                        A bill to be entitled                      
  299         An act relating to emergency mitigation and response;
  300         creating the Hurricane Michael Recovery Task Force
  301         adjunct to the Division of Emergency Management of the
  302         Executive Office of the Governor to make
  303         recommendations to the Legislature regarding
  304         additional assistance needed in the response to,
  305         recovery from, and mitigation of the effects of
  306         Hurricane Michael in certain areas; requiring the task
  307         force to review the effectiveness of local, state, and
  308         federal activities in those areas, as well as the
  309         availability of resources and any additional
  310         assistance needed; providing for the membership of the
  311         task force; providing requirements for and
  312         restrictions on membership; providing for certain
  313         reimbursement; requiring the task force to report its
  314         findings and to make specified recommendations to the
  315         Legislature and the Governor by a specified date;
  316         providing for dissolution of the task force by a
  317         specified date; subject to the appropriation of funds,
  318         requiring the Division of Emergency Management to
  319         prepare an after-action report on the shelter
  320         operations that took place during Hurricane Michael,
  321         subject to certain requirements; requiring that the
  322         report be submitted to the Legislature and the
  323         Governor by a specified date; requiring that the
  324         Department of Economic Opportunity include a program
  325         to retrofit or to repair hurricane evacuation shelters
  326         in certain action plans under certain circumstances;
  327         subject to the appropriation of funds, requiring the
  328         division to competitively procure a consultant to
  329         conduct a study of facilities used as emergency
  330         operations centers; providing requirements for the
  331         study; authorizing the study to take into account the
  332         locations of emergency operations centers and to
  333         recommend certain joint agreements for the use of such
  334         centers; requiring that a report on the study be
  335         submitted to the Legislature and the Governor by a
  336         specified date; creating s. 420.57, F.S.; subject to
  337         the appropriation of funds, creating the Hurricane
  338         Housing Recovery Program to provide funds to local
  339         governments for certain affordable housing recovery
  340         efforts; requiring that the Florida Housing Finance
  341         Corporation administer the program and allocate
  342         resources to local governments that meet certain
  343         criteria; specifying requirements for receiving and
  344         using funds; requiring participating local governments
  345         to submit a certain annual report to the corporation;
  346         requiring the corporation to compile the reports and
  347         submit them to the Legislature; subject to the
  348         appropriation of funds, creating the Rental Recovery
  349         Loan Program to provide funds to build additional
  350         rental housing due to specified impacts; requiring the
  351         corporation to administer the program; providing
  352         intent for the program; requiring participating local
  353         governments to submit a certain annual report to the
  354         corporation; requiring the corporation to compile the
  355         reports and submit them to the Legislature;
  356         authorizing the corporation to adopt rules; requiring
  357         that the Department of Economic Opportunity include a
  358         program to repair, renovate, or replace single-family
  359         housing in certain action plans submitted to a
  360         specified federal agency, under certain circumstances;
  361         requiring that the Florida Building Commission, in
  362         consultation with specified stakeholders and other
  363         entities, review the effects of Hurricane Michael and
  364         make recommendations to strengthen and enhance the
  365         design, construction, and lifesafety provisions of the
  366         Florida Building Code; providing requirements for such
  367         recommendations; requiring the commission to submit a
  368         certain report to the Legislature by a specified date;
  369         providing for future repeal of certain provisions;
  370         subject to the appropriation of funds, creating the
  371         Public Facilities Hurricane Restoration Cash Flow Loan
  372         Program for the purpose of assisting counties,
  373         municipalities, and district school boards in making
  374         timely payments in restoring certain facilities;
  375         providing eligibility requirements for receiving a
  376         cash flow loan; requiring that the Department of
  377         Economic Opportunity administer the loan program and
  378         distribute loan funds; requiring that the Division of
  379         Emergency Management notify the Department of Economic
  380         Opportunity when certain federal payments have been
  381         distributed; amending s. 570.82, F.S.; providing that
  382         trees grown for fiber are an eligible crop for loans
  383         under the Agricultural Economic Development Program;
  384         requiring that applicants applying for a loan related
  385         to the effects of Hurricane Michael submit an
  386         application to the Department of Agriculture and
  387         Consumer Services by a specified date; providing
  388         applicability; requiring that certain assessment
  389         requirements for specified students be waived;
  390         requiring specified schools to grant standard high
  391         school diplomas to students who meet certain
  392         requirements; requiring that certain assessment
  393         requirements for a specified school year be waived;
  394         providing that the promotion of grade 3 students be
  395         based on measures determined by specified school
  396         districts; requiring that school grades for a
  397         specified school year be calculated and released for
  398         certain purposes; providing that specified school
  399         districts be held harmless from certain liability;
  400         providing requirements for the measurement of school
  401         grades for a specified school year; providing
  402         legislative findings; amending s. 1008.33, F.S.;
  403         effective on a specified date, requiring the
  404         Department of Education to suspend its duties and
  405         obligations under a specified provision for certain
  406         school years for specified school districts; providing
  407         a directive to the Division of Law Revision; providing
  408         an effective date.