HB 7121

1
A bill to be entitled
2An act relating to disaster preparedness response and
3recovery; creating s. 252.63, F.S.; creating the Florida
4Disaster Supplier Program Council under the Department of
5Community Affairs; requiring the council to make
6recommendations for a voluntary local program to be
7established as the Florida Disaster Supplier Program;
8providing membership and organization of the council;
9providing duties and responsibilities of the council;
10authorizing the council to recommend the assessment of an
11annual program membership fee; providing for certification
12of program participants; providing requirements with
13respect to collection and use of program membership fees;
14requiring the council to submit a report; providing for
15termination of the council; providing intended purposes of
16the program; providing that participation in the program
17shall be at the option of each county; providing for
18administration of the program by participating counties;
19creating s. 526.143, F.S.; providing that each motor fuel
20terminal facility and wholesaler that sells motor fuel in
21the state must be capable of operating its distribution
22loading racks using an alternate power source for a
23specified period by a certain date; providing requirements
24with respect to the operation of such equipment following
25a major disaster; providing requirements with respect to
26inspection of such equipment; requiring newly constructed
27or substantially renovated motor fuel retail outlets to be
28capable of operation using an alternate power source;
29defining "substantially renovated"; providing inspection
30requirements; requiring certain motor fuel retail outlets
31located within a specified distance from an interstate
32highway or state or federally designated evacuation route
33to be capable of operation using an alternate power source
34by a specified date; providing inspection and
35recordkeeping requirements; providing applicability;
36providing severability; creating s. 526.144, F.S.;
37creating the Florida Disaster Motor Fuel Supplier Program
38within the Department of Community Affairs; providing
39purpose of the program; providing requirements for
40participation in the program; providing that participation
41in the program shall be at the option of each county;
42providing for administration of the program; providing
43requirements of businesses certified as State Emergency
44Response Team members; providing for a credit against
45motor fuel tax collections to any owner of a retail motor
46fuel outlet for the purchase and installation of equipment
47required to meet program certification requirements;
48providing a limitation; requiring the Department of
49Revenue to provide forms and procedures for the credit by
50rule; providing for preemption to the state of the
51regulation of and requirements for siting and placement of
52an alternate power source and any related equipment at
53motor fuel terminal facilities, wholesalers, and retail
54sales outlets; providing for review of the program;
55providing a report; amending s. 553.509, F.S., relating to
56requirements with respect to vertical accessibility under
57pt. II of ch. 553, F.S., the "Florida Americans With
58Disabilities Accessibility Implementation Act"; requiring
59specified existing and newly constructed residential
60multifamily dwellings to have at least one public elevator
61that is capable of operating on an alternate power source
62for emergency purposes; providing requirements with
63respect to the alternate power source; providing for
64verification of compliance by specified dates; providing
65requirements with respect to emergency operations plans
66and inspection records; requiring any person, firm, or
67corporation that owns or operates specified multistory
68affordable residential dwellings to attempt to obtain
69grant funding to comply with the act; requiring an owner
70or operator of such a dwelling to develop an evacuation
71plan in the absence of compliance with the act; providing
72additional inspection requirements under ch. 399, F.S.,
73the "Elevator Safety Act"; amending s. 252.35, F.S.;
74expanding the duty of the Division of Emergency Management
75to conduct a public educational campaign on emergency
76preparedness issues; providing an additional duty of the
77division with respect to educational outreach concerning
78disaster preparedness; providing an effective date.
79
80Be It Enacted by the Legislature of the State of Florida:
81
82     Section 1.  Section 252.63, Florida Statutes, is created to
83read:
84     252.63  Florida Disaster Supplier Program Council; Florida
85Disaster Supplier Program.--
86     (1)  FLORIDA DISASTER SUPPLIER PROGRAM COUNCIL.--
87     (a)  The Florida Disaster Supplier Program Council is
88created under the Department of Community Affairs. The council
89shall make recommendations for a voluntary local program to be
90established as the Florida Disaster Supplier Program. The
91council shall make recommendations for the effective and
92efficient administration of the Florida Disaster Supplier
93Program.
94     (b)1.  The council shall consist of seven members,
95comprised of the county emergency management directors from each
96of the seven emergency response regions of the Division of
97Emergency Management as designated by the Florida Emergency
98Preparedness Association.
99     2.  The members of the council shall elect a chair and a
100vice chair from among their membership. The chair shall preside
101at all meetings of the council.
102     3.  The council shall meet at the call of the chair or at
103the request of a majority of its membership.
104     4.  Members shall serve for the duration of the existence
105of the council. A vacancy on the council shall be filled by the
106chair according to the original membership stipulations until
107the council is terminated.
108     5.  Members of the council shall serve without
109compensation, but shall be entitled to per diem and travel
110expenses as provided in s. 112.061 while engaged in the
111performance of their official duties.
112     (c)  Duties and responsibilities of the council shall
113include, but not be limited to, recommending to the division:
114     1.  State disaster preparedness criteria necessary for
115implementation of the Florida Disaster Supplier Program.
116     2.  The most effective means of providing access to
117businesses participating in the program in order to facilitate
118the operation, supply, and staffing of such businesses, as
119feasible, under emergency conditions.
120     3.  A statewide system of certification for disaster
121suppliers in the following categories:
122     a.  Pharmaceutical.
123     b.  Food and water.
124     c.  Building supplies.
125     d.  Ice.
126     e.  Other categories as deemed necessary by the council.
127     4.  If deemed necessary by the council, the assessment of
128an annual program membership fee for businesses voluntarily
129seeking to obtain certification as a state disaster supplier
130under the established program guidelines. The determination of
131the necessity of assessing an annual program membership fee
132shall include county surveys and input from business, industry,
133and state agencies. Any recommendation with respect to the
134assessment of program fees shall be contained in the report
135required under subsection (5).
136     5.  A State Emergency Response Team logo that bears the
137name of the State of Florida and the type of supplies being
138provided by the supplier for display by businesses participating
139in the program.
140     (2)  FLORIDA DISASTER SUPPLIER PROGRAM.--
141     (a)  The Florida Disaster Supplier Program Council shall
142make recommendations for a voluntary local program to be
143established as the Florida Disaster Supplier Program. The
144intended purposes of the program are:
145     1.  To provide statewide oversight of the availability and
146provision of necessary supplies prior to, during, and following
147a state of emergency or natural or manmade disaster or
148catastrophe.
149     2.  To assist in the rapid recovery of an area affected by
150a natural or manmade disaster or catastrophe and to immediately
151stimulate the postdisaster recovery of local economies.
152     3.  To provide the public with alternative access to
153certain commodities as recommended by the Florida Disaster
154Supplier Program Council.
155     (b)  Participation in the Florida Disaster Supplier Program
156shall be at the option of each county governing body. Each
157county choosing to participate in the program shall be
158responsible for administering the program within that county.
159Guidelines and administration standards for participating
160counties shall be recommended by the Florida Disaster Supplier
161Program Council.
162     (c)  The Florida Disaster Supplier Program shall allow
163businesses in counties that choose not to participate in the
164program to voluntarily participate in the program and provide
165for the sale of emergency-use supplies and services before,
166during, and following an emergency or natural or manmade
167disaster or catastrophe under the conditions set forth in this
168section.
169     (d)  The Florida Disaster Supplier Program shall be
170designed to in no way interfere with normal and ongoing commerce
171occurring in any political subdivision of the state.
172     (3)  PROGRAM CERTIFICATION.--Upon the recommendation of the
173council, certification of a business requesting to participate
174in the program shall be conducted through county emergency
175management agencies or designees as prescribed by the county's
176elected governing body. Participating counties shall use
177certification standards developed by the council.
178     (4)  COLLECTION AND USE OF PROGRAM MEMBERSHIP FEES.--If an
179annual program membership fee is assessed as provided in
180subparagraph (1)(c)4., the methods for collecting such fee shall
181be determined by the council. Program membership fees collected
182shall be used in whole or in part to recover the administrative
183costs of the program and as may be recommended by the council.
184Program membership fees shall be used by the participating
185counties and state agencies as may be determined by the
186recommendations of the council and as provided by law.
187     (5)  REPORT.--The council shall submit a report on the
188development and implementation of the Florida Disaster Supplier
189Program to the Governor, the Speaker of the House of
190Representatives, and the President of the Senate no later than
191February 1, 2007. The report shall include recommendations for
192any needed legislation and program fees and an analysis of the
193program's effect on the provision of supplies within the state
194during a state of emergency or natural or manmade disaster or
195catastrophe.
196     (6)  TERMINATION.--The council shall terminate on July 1,
1972008.
198     Section 2.  Section 526.143, Florida Statutes, is created
199to read:
200     526.143  Alternate means of power generation for motor fuel
201dispensing facilities.--
202     (1)  No later than December 31, 2006, each motor fuel
203terminal facility, as defined in s. 526.303(16), and wholesaler,
204as defined in s. 526.303(17), that sells motor fuel in this
205state must be capable of operating its distribution loading
206racks using an alternate power source for a minimum of 72 hours.
207Pending a postdisaster examination of the equipment by the
208operator to determine any extenuating damage that would render
209it inoperable or unsafe to use, the facility must have such
210alternate power source available for operation no later than 36
211hours after a major disaster, as defined in s. 252.34. Initial
212inspection for proper installation and operation shall be
213completed by a local building inspector, and verification of the
214inspection must be submitted to the local county emergency
215management agency. Inspectors from the Department of Agriculture
216and Consumer Services shall perform a periodic visual inspection
217of the alternate power source to ensure that the emergency
218auxiliary electrical equipment is installed. Each facility shall
219perform annual inspections to ensure that the emergency
220auxiliary electrical generators are in good working order and
221show proof of those inspections in order to be deemed in
222compliance with and to participate in the fuel supplier program.
223     (2)  Each newly constructed or substantially renovated
224motor fuel retail outlet, as defined in s. 526.303(14), for
225which a certificate of occupancy is issued on or after July 1,
2262006, must be prewired with an appropriate transfer switch and
227be capable of operating all fuel pumps, dispensing equipment,
228life-safety systems, and payment acceptance equipment using an
229alternate power source. As used in this subsection, the term
230"substantially renovated" means a renovation that results in an
231increase of greater than 50 percent in the assessed value of the
232motor fuel retail outlet. Local building inspectors shall
233include an equipment and operations check for compliance with
234this subsection in the normal inspection process before issuing
235a certificate of occupancy. A copy of the certificate of
236occupancy shall be provided to the county emergency management
237agency upon issuance of such certificate. Each facility shall
238perform periodic inspections to ensure that the installed
239transfer switch and emergency auxiliary electrical generators
240are in good working order and provide proof of those inspections
241to the county emergency management agency in order to be in
242compliance with and to participate in the Florida Disaster Motor
243Fuel Supplier Program under s. 526.144.
244     (3)(a)  No later than December 31, 2006, each motor fuel
245retail outlet described in subparagraph 1., subparagraph 2., or
246subparagraph 3. that is located within 1/2 mile of an interstate
247highway or state or federally designated evacuation route must
248be prewired with an appropriate transfer switch and be capable
249of operating all fuel pumps, dispensing equipment, life-safety
250systems, and payment-acceptance equipment using an alternate
251power source:
252     1.  A motor fuel retail outlet located in a county having a
253population of 300,000 or more which has 16 or more fueling
254positions.
255     2.  A motor fuel retail outlet located in a county having a
256population of 100,000 or more, but fewer than 300,000, which has
25712 or more fueling positions.
258     3.  A motor fuel retail outlet located in a county having a
259population of fewer than 100,000 which has eight or more fueling
260positions.
261     (b)  Installation of the wiring and transfer switch shall
262be performed by a certified electrical contractor. Each retail
263outlet subject to this subsection must keep a copy of the
264documentation of such installation on site or at its corporate
265headquarters. In addition, each retail outlet must keep a
266written record that confirms the periodic testing and ensured
267operational capacity of the equipment. The required documents
268must be made available upon request to the Division of Emergency
269Management and the county emergency management agency.
270     (4)(a)  Subsections (2) and (3) apply to any self-service,
271full-service, or combination self-service and full-service motor
272fuel outlet regardless of whether the business is located on the
273grounds of, or is owned by, another retail business
274establishment that does not engage in the business of selling
275motor fuel.
276     (b)  Subsections (2) and (3) do not apply to:
277     1.  An automobile dealer;
278     2.  A person who operates a fleet of motor vehicles; or
279     3.  A person who sells motor fuel exclusively to a fleet of
280motor vehicles.
281     (5)  If any provision of this section or its application to
282any person or circumstance is held invalid, the invalidity does
283not affect other provisions or applications of the section which
284can be given effect without the invalid provision or
285application, and to this end the provisions of this section are
286declared severable.
287     Section 3.  Section 526.144, Florida Statutes, is created
288to read:
289     526.144  Florida Disaster Motor Fuel Supplier Program.--
290     (1)(a)  There is created the Florida Disaster Motor Fuel
291Supplier Program within the Department of Community Affairs. The
292Florida Disaster Motor Fuel Supplier Program shall allow any
293retail motor fuel outlet doing business in the state to
294participate in a network of emergency responders to provide fuel
295supplies and services to government agencies, medical
296institutions and facilities, critical infrastructure, and other
297responders, as well as the general public, before, during, and
298after a declared disaster as described in s. 252.36(2).
299     (b)  Participation in the Florida Disaster Motor Fuel
300Supplier Program shall be at the option of each county governing
301body. In counties choosing to participate in the program, the
302local county emergency management agency shall be primarily
303responsible for administering the program within that county. In
304counties that do not choose to participate in the program, the
305Division of Emergency Management shall have the authority to
306certify businesses as members of the State Emergency Response
307Team and issue appropriate signage. Guidelines and
308administration standards for participating counties shall be
309recommended by the Division of Emergency Management and the
310county emergency management agency.
311     (c)  Participation in the program shall require
312certification by the Division of Emergency Management or the
313county emergency management agency of a retail motor fuel
314outlet's preparedness to provide emergency services.
315Requirements for certification shall be established by the
316Division of Emergency Management or the county emergency
317management agency no later than July 1, 2007. Businesses that
318are certified shall be issued a State Emergency Response Team
319logo for public display to alert emergency responders and the
320public that the business is capable of assisting in an
321emergency.
322     (2)  At a minimum, businesses that are certified as State
323Emergency Response Team members must have the onsite capability
324to provide fuel dispensing services to other State Emergency
325Response Team members within 36 hours after a major disaster has
326occurred, or demonstrate the ability to have such service
327available, and agree to make such service available as needed.
328Businesses may choose to sell motor fuel through a preexisting
329contract with local, state, and federal response agencies or may
330provide point-of-sale service to such agencies. In addition,
331businesses may choose to sell motor fuel to the general public
332or may be directed by county or state emergency management
333officials to provide such service pursuant to ss. 252.35 and
334252.38. If requested, appropriate law enforcement security may
335be provided to the participating business for the purpose of
336maintaining civil order during operating hours.
337     (3)  Persons who are designated as State Emergency Response
338Team members and who can produce appropriate identification, as
339determined by state or county emergency management officials,
340shall be given priority for the purchase of motor fuel at
341businesses designated as State Emergency Response Team members.
342Businesses may be directed by county or state emergency
343management officials to remain open for specified periods during
344a declared curfew to provide service for emergency management
345personnel. Under such direction, a business shall not be in
346violation of the curfew and shall not be penalized for such
347operation, nor shall emergency management personnel be in
348violation of such curfew. Persons traveling during periods of a
349declared curfew shall be required to produce valid official
350documentation of their position as a State Emergency Response
351Team member or local emergency response agency staff member or
352official. Such documentation may include, but is not limited to,
353a current State Emergency Response Team identification badge,
354current law enforcement agency identification or shield or the
355identification or shield of another emergency response agency,
356current health care employee identification card, or current
357government services identification card indicating a critical
358services position, as applicable.
359     (4)  A retail motor fuel outlet that is designated as State
360Emergency Response Team member may request priority
361consideration with respect to the resupply of motor fuel in
362order to continue to provide fuel and necessary services to
363emergency responders. Such request is not binding but shall be
364considered by emergency management agencies in determining
365appropriate disaster response protocol.
366     (5)  A retail motor fuel outlet that chooses to participate
367in the Florida Disaster Motor Fuel Supplier Program and that
368purchases and installs equipment to meet the certification
369requirements of the Florida Disaster Motor Fuel Supplier Program
370is entitled to a credit against the motor fuel taxes collected
371at the retail outlet of up to 25 percent of the value of the
372purchase of equipment and installation required to meet the
373program certification requirements for purposes of defraying a
374portion of the costs of purchasing and installing the equipment
375at the retail outlet. The maximum amount of the tax credit for
376an individual certified location may not exceed $15,000. The
377Florida Department of Revenue is authorized to issue the tax
378credit after a determination by the department, in consultation
379with the owner of the retail motor fuel outlet, of the retail
380outlet's payment of taxes on motor fuel sales or corporate
381taxes. The owner of the retail outlet must apply to the
382Department of Revenue for the credit on forms developed by the
383department and pursuant to procedures adopted by the department.
384The Department of Revenue shall provide by rule forms and
385procedures for applying for and granting the tax credit
386authorized under this subsection.
387     (6)  Notwithstanding any other law or local ordinance, to
388ensure an appropriate emergency management response to major
389disasters in the state, the regulation of and requirements for
390the siting and placement of an alternate power source and any
391related equipment at motor fuel terminal facilities,
392wholesalers, and retail sales outlets shall be exclusively
393controlled by the state.
394     (7)  The Florida Energy Office of the Department of
395Environmental Protection shall review progress in postdisaster
396motor fuel supply distribution and provide a report to the
397Speaker of the House of Representatives and the President of the
398Senate by March 1, 2007. The report shall include information on
399statewide compliance with s. 526.143 and identification of all
400retail motor fuel outlets that are participating in the Florida
401Disaster Motor Fuel Supplier Program.
402     Section 4.  Section 553.509, Florida Statutes, is amended
403to read:
404     553.509  Vertical accessibility.--Nothing in sections
405553.501-553.513 or the guidelines shall be construed to relieve
406the owner of any building, structure, or facility governed by
407those sections from the duty to provide vertical accessibility
408to all levels above and below the occupiable grade level,
409regardless of whether the guidelines require an elevator to be
410installed in such building, structure, or facility, except for
411the areas, rooms, and spaces described in subsections (1), (2),
412and (3):
413     (1)  Elevator pits, elevator penthouses, mechanical rooms,
414piping or equipment catwalks, and automobile lubrication and
415maintenance pits and platforms.;
416     (2)  Unoccupiable spaces, such as rooms, enclosed spaces,
417and storage spaces that are not designed for human occupancy,
418for public accommodations, or for work areas.; and
419     (3)  Occupiable spaces and rooms that are not open to the
420public and that house no more than five persons, including, but
421not limited to, equipment control rooms and projection booths.
422     (4)(a)  Any person, firm, or corporation that owns or
423operates a residential multifamily dwelling, including a
424condominium, that is at least 75 feet high and contains a public
425elevator, as described in s. 399.035(2) and (3) and rules
426adopted by the Florida Building Commission, shall have at least
427one public elevator that is capable of operating on an alternate
428power source for emergency purposes. Alternate power shall be
429available for the purpose of allowing all residents access for a
430specified number of hours each day over a 5-day period following
431a natural disaster, manmade disaster, emergency, or other civil
432disturbance that disrupts the normal supply of electricity. The
433alternate power source that controls elevator operations must
434also be capable of powering any connected fire alarm system in
435the building.
436     (b)  At a minimum, the elevator must be appropriately
437prewired and prepared to accept an alternate power source and
438must have a connection on the line side of the main disconnect,
439pursuant to National Electric Code Handbook, Article 700. In
440addition to the required power source for the elevator and
441connected fire alarm system in the building, the alternate power
442supply must be sufficient to provide emergency lighting to the
443lobbies, hallways, and other portions of the building used by
444the public. Residential multifamily dwellings must have an
445available generator and fuel source on the property or have
446proof of a current guaranteed service contract for such
447equipment and fuel source to operate the elevator on an on-call
448basis within 24 hours after a request. By December 31, 2006,
449local building inspectors must provide to the county emergency
450management agency verification of engineering plans for
451residential multifamily dwellings that provide for the
452capability to generate power by alternate means. Compliance with
453installation requirements and operational capability
454requirements must be verified by local building inspectors and
455reported to the county emergency management agency by December
45631, 2007.
457     (c)  Each newly constructed residential multifamily
458dwelling, including a condominium, that is at least 75 feet high
459and contains a public elevator, as described in s. 399.035(2)
460and (3) and rules adopted by the Florida Building Commission,
461must have at least one public elevator that is capable of
462operating on an alternate power source for the purpose of
463allowing all residents access for a specified number of hours
464each day over a 5-day period following a natural disaster,
465manmade disaster, emergency, or other civil disturbance that
466disrupts the normal supply of electricity. The alternate power
467source that controls elevator operations must be capable of
468powering any connected fire alarm system in the building. In
469addition to the required power source for the elevator and
470connected fire alarm system, the alternate power supply must be
471sufficient to provide emergency lighting to the lobbies,
472hallways, and other portions of the building used by the public.
473Engineering plans and verification of operational capability
474must be provided by the local building inspector to the county
475emergency management agency before occupancy of the newly
476constructed building.
477     (d)  Each person, firm, or corporation that is required to
478maintain an alternate power source under this subsection shall
479maintain a written emergency operations plan that details the
480sequence of operations before, during, and after a natural or
481manmade disaster or other emergency situation. The plan must
482include, at a minimum, a life safety plan for evacuation,
483maintenance of the electrical and lighting supply, and
484provisions for the health, safety, and welfare of the residents.
485In addition, the owner or operator of the residential
486multifamily dwelling must keep written records of quarterly
487inspections of life safety equipment and alternate power
488generation equipment, which confirm that such equipment is
489properly maintained and in good working condition, and any
490contracts for alternate power generation equipment. The written
491emergency operations plan and inspection records shall be open
492for periodic inspection by local and state government agencies
493as deemed necessary. The owner or operator must keep a generator
494key in a lockbox posted at or near any installed generator unit.
495     (e)  Multistory affordable residential dwellings for
496persons age 62 and older that are financed or insured by the
497United States Department of Housing and Urban Development must
498make every effort to obtain grant funding from the Federal
499Government or the Florida Housing Finance Corporation to comply
500with this subsection. If an owner of such a residential dwelling
501cannot comply with the requirements of this subsection, the
502owner must develop a plan with the local emergency management
503agency to ensure that residents are evacuated to a place of
504safety in the event of a power outage resulting from a natural
505or manmade disaster or other emergency situation that disrupts
506the normal supply of electricity for an extended period of time.
507A place of safety may include, but is not limited to, relocation
508to an alternative site within the building or evacuation to a
509local shelter.
510     (f)  As a part of the annual elevator inspection required
511under s. 399.061, certified inspectors shall confirm that all
512installed generators required by this chapter are in working
513order, that the inspection records are current, and that the
514required generator key is present in the lockbox posted at or
515near the installed generator. If a building does not have an
516installed generator, the inspector shall confirm that the
517appropriate prewiring and switching capabilities are operational
518and that a contract for contingent services for alternate power
519is current for the operating period.
520
521However, buildings, structures, and facilities must, as a
522minimum, comply with the requirements in the Americans with
523Disabilities Act Accessibility Guidelines.
524     Section 5.  Paragraph (i) of subsection (2) of section
525252.35, Florida Statutes, is amended, paragraphs (j) through (v)
526are renumbered as paragraphs (k) through (w), respectively, and
527a new paragraph (j) is added to that subsection, to read:
528     252.35  Emergency management powers; Division of Emergency
529Management.--
530     (2)  The division is responsible for carrying out the
531provisions of ss. 252.31-252.90. In performing its duties under
532ss. 252.31-252.90, the division shall:
533     (i)  Institute statewide public awareness programs. This
534shall include an intensive public educational campaign on
535emergency preparedness issues, including, but not limited to,
536the personal responsibility of individual citizens to be self-
537sufficient for up to 72 hours following a natural or manmade
538disaster. The public educational campaign shall include relevant
539information on statewide disaster plans, evacuation routes, fuel
540suppliers, and shelters. All educational materials must be
541available in alternative formats and mediums to ensure that they
542are available to persons with disabilities.
543     (j)  The Division of Emergency Management and the
544Department of Education shall coordinate with the Agency For
545Persons with Disabilities to provide an educational outreach
546program on disaster preparedness and readiness to individuals
547who have limited English skills and identify persons who are in
548need of assistance but are not defined under special-needs
549criteria.
550     Section 6.  This act shall take effect July 1, 2006.


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