| 1 | The Finance & Tax Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 |
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| 6 | A bill to be entitled |
| 7 | An act relating to disaster preparedness response and |
| 8 | recovery; creating s. 252.63, F.S.; creating the Florida |
| 9 | Disaster Supplier Program Council under the Department of |
| 10 | Community Affairs; requiring the council to make |
| 11 | recommendations for a voluntary local program to be |
| 12 | established as the Florida Disaster Supplier Program; |
| 13 | providing membership and organization of the council; |
| 14 | providing duties and responsibilities of the council; |
| 15 | authorizing the council to recommend the assessment of an |
| 16 | annual program membership fee; providing for certification |
| 17 | of program participants; providing requirements with |
| 18 | respect to collection and use of program membership fees; |
| 19 | requiring the council to submit a report; providing for |
| 20 | termination of the council; providing intended purposes of |
| 21 | the program; providing that participation in the program |
| 22 | shall be at the option of each county; providing for |
| 23 | administration of the program by participating counties; |
| 24 | creating s. 526.143, F.S.; providing that each motor fuel |
| 25 | terminal facility and wholesaler that sells motor fuel in |
| 26 | the state must be capable of operating its distribution |
| 27 | loading racks using an alternate power source for a |
| 28 | specified period by a certain date; providing requirements |
| 29 | with respect to the operation of such equipment following |
| 30 | a major disaster; providing requirements with respect to |
| 31 | inspection of such equipment; requiring newly constructed |
| 32 | or substantially renovated motor fuel retail outlets to be |
| 33 | capable of operation using an alternate power source; |
| 34 | defining "substantially renovated"; providing inspection |
| 35 | requirements; requiring certain motor fuel retail outlets |
| 36 | located within a specified distance from an interstate |
| 37 | highway or state or federally designated evacuation route |
| 38 | to be capable of operation using an alternate power source |
| 39 | by a specified date; providing inspection and |
| 40 | recordkeeping requirements; providing applicability; |
| 41 | providing severability; creating s. 526.144, F.S.; |
| 42 | creating the Florida Disaster Motor Fuel Supplier Program |
| 43 | within the Department of Community Affairs; providing |
| 44 | purpose of the program; providing requirements for |
| 45 | participation in the program; providing that participation |
| 46 | in the program shall be at the option of each county; |
| 47 | providing for administration of the program; providing |
| 48 | requirements of businesses certified as State Emergency |
| 49 | Response Team members; providing for preemption to the |
| 50 | state of the regulation of and requirements for siting and |
| 51 | placement of an alternate power source and any related |
| 52 | equipment at motor fuel terminal facilities, wholesalers, |
| 53 | and retail sales outlets; providing for review of the |
| 54 | program; providing a report; amending s. 553.509, F.S., |
| 55 | relating to requirements with respect to vertical |
| 56 | accessibility under pt. II of ch. 553, F.S., the "Florida |
| 57 | Americans With Disabilities Accessibility Implementation |
| 58 | Act"; requiring specified existing and newly constructed |
| 59 | residential multifamily dwellings to have at least one |
| 60 | public elevator that is capable of operating on an |
| 61 | alternate power source for emergency purposes; providing |
| 62 | requirements with respect to the alternate power source; |
| 63 | providing for verification of compliance by specified |
| 64 | dates; providing requirements with respect to emergency |
| 65 | operations plans and inspection records; requiring any |
| 66 | person, firm, or corporation that owns or operates |
| 67 | specified multistory affordable residential dwellings to |
| 68 | attempt to obtain grant funding to comply with the act; |
| 69 | requiring an owner or operator of such a dwelling to |
| 70 | develop an evacuation plan in the absence of compliance |
| 71 | with the act; providing additional inspection requirements |
| 72 | under ch. 399, F.S., the "Elevator Safety Act"; amending |
| 73 | s. 252.35, F.S.; expanding the duty of the Division of |
| 74 | Emergency Management to conduct a public educational |
| 75 | campaign on emergency preparedness issues; providing an |
| 76 | additional duty of the division with respect to |
| 77 | educational outreach concerning disaster preparedness; |
| 78 | providing legislative findings; providing criteria for |
| 79 | construction of emergency operations centers; providing |
| 80 | appropriations; providing an effective date. |
| 81 |
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| 82 | Be It Enacted by the Legislature of the State of Florida: |
| 83 |
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| 84 | Section 1. Section 252.63, Florida Statutes, is created to |
| 85 | read: |
| 86 | 252.63 Florida Disaster Supplier Program Council; Florida |
| 87 | Disaster Supplier Program.-- |
| 88 | (1) FLORIDA DISASTER SUPPLIER PROGRAM COUNCIL.-- |
| 89 | (a) The Florida Disaster Supplier Program Council is |
| 90 | created under the Department of Community Affairs. The council |
| 91 | shall make recommendations for a voluntary local program to be |
| 92 | established as the Florida Disaster Supplier Program. The |
| 93 | council shall make recommendations for the effective and |
| 94 | efficient administration of the Florida Disaster Supplier |
| 95 | Program. |
| 96 | (b)1. The council shall consist of seven members, |
| 97 | comprised of the county emergency management directors from each |
| 98 | of the seven emergency response regions of the Division of |
| 99 | Emergency Management as designated by the Florida Emergency |
| 100 | Preparedness Association. |
| 101 | 2. The members of the council shall elect a chair and a |
| 102 | vice chair from among their membership. The chair shall preside |
| 103 | at all meetings of the council. |
| 104 | 3. The council shall meet at the call of the chair or at |
| 105 | the request of a majority of its membership. |
| 106 | 4. Members shall serve for the duration of the existence |
| 107 | of the council. A vacancy on the council shall be filled by the |
| 108 | chair according to the original membership stipulations until |
| 109 | the council is terminated. |
| 110 | 5. Members of the council shall serve without |
| 111 | compensation, but shall be entitled to per diem and travel |
| 112 | expenses as provided in s. 112.061 while engaged in the |
| 113 | performance of their official duties. |
| 114 | (c) Duties and responsibilities of the council shall |
| 115 | include, but not be limited to, recommending to the division: |
| 116 | 1. State disaster preparedness criteria necessary for |
| 117 | implementation of the Florida Disaster Supplier Program. |
| 118 | 2. The most effective means of providing access to |
| 119 | businesses participating in the program in order to facilitate |
| 120 | the operation, supply, and staffing of such businesses, as |
| 121 | feasible, under emergency conditions. |
| 122 | 3. A statewide system of certification for disaster |
| 123 | suppliers in the following categories: |
| 124 | a. Pharmaceutical. |
| 125 | b. Food and water. |
| 126 | c. Building supplies. |
| 127 | d. Ice. |
| 128 | e. Other categories as deemed necessary by the council. |
| 129 | 4. If deemed necessary by the council, the assessment of |
| 130 | an annual program membership fee for businesses voluntarily |
| 131 | seeking to obtain certification as a state disaster supplier |
| 132 | under the established program guidelines. The determination of |
| 133 | the necessity of assessing an annual program membership fee |
| 134 | shall include county surveys and input from business, industry, |
| 135 | and state agencies. Any recommendation with respect to the |
| 136 | assessment of program fees shall be contained in the report |
| 137 | required under subsection (5). |
| 138 | 5. A State Emergency Response Team logo that bears the |
| 139 | name of the State of Florida and the type of supplies being |
| 140 | provided by the supplier for display by businesses participating |
| 141 | in the program. |
| 142 | (2) FLORIDA DISASTER SUPPLIER PROGRAM.-- |
| 143 | (a) The Florida Disaster Supplier Program Council shall |
| 144 | make recommendations for a voluntary local program to be |
| 145 | established as the Florida Disaster Supplier Program. The |
| 146 | intended purposes of the program are: |
| 147 | 1. To provide statewide oversight of the availability and |
| 148 | provision of necessary supplies prior to, during, and following |
| 149 | a state of emergency or natural or manmade disaster or |
| 150 | catastrophe. |
| 151 | 2. To assist in the rapid recovery of an area affected by |
| 152 | a natural or manmade disaster or catastrophe and to immediately |
| 153 | stimulate the postdisaster recovery of local economies. |
| 154 | 3. To provide the public with alternative access to |
| 155 | certain commodities as recommended by the Florida Disaster |
| 156 | Supplier Program Council. |
| 157 | (b) Participation in the Florida Disaster Supplier Program |
| 158 | shall be at the option of each county governing body. Each |
| 159 | county choosing to participate in the program shall be |
| 160 | responsible for administering the program within that county. |
| 161 | Guidelines and administration standards for participating |
| 162 | counties shall be recommended by the Florida Disaster Supplier |
| 163 | Program Council. |
| 164 | (c) The Florida Disaster Supplier Program shall allow |
| 165 | businesses in counties that choose not to participate in the |
| 166 | program to voluntarily participate in the program and provide |
| 167 | for the sale of emergency-use supplies and services before, |
| 168 | during, and following an emergency or natural or manmade |
| 169 | disaster or catastrophe under the conditions set forth in this |
| 170 | section. |
| 171 | (d) The Florida Disaster Supplier Program shall be |
| 172 | designed to in no way interfere with normal and ongoing commerce |
| 173 | occurring in any political subdivision of the state. |
| 174 | (3) PROGRAM CERTIFICATION.--Upon the recommendation of the |
| 175 | council, certification of a business requesting to participate |
| 176 | in the program shall be conducted through county emergency |
| 177 | management agencies or designees as prescribed by the county's |
| 178 | elected governing body. Participating counties shall use |
| 179 | certification standards developed by the council. |
| 180 | (4) COLLECTION AND USE OF PROGRAM MEMBERSHIP FEES.--If an |
| 181 | annual program membership fee is assessed as provided in |
| 182 | subparagraph (1)(c)4., the methods for collecting such fee shall |
| 183 | be determined by the council. Program membership fees collected |
| 184 | shall be used in whole or in part to recover the administrative |
| 185 | costs of the program and as may be recommended by the council. |
| 186 | Program membership fees shall be used by the participating |
| 187 | counties and state agencies as may be determined by the |
| 188 | recommendations of the council and as provided by law. |
| 189 | (5) REPORT.--The council shall submit a report on the |
| 190 | development and implementation of the Florida Disaster Supplier |
| 191 | Program to the Governor, the Speaker of the House of |
| 192 | Representatives, and the President of the Senate no later than |
| 193 | February 1, 2007. The report shall include recommendations for |
| 194 | any needed legislation and program fees and an analysis of the |
| 195 | program's effect on the provision of supplies within the state |
| 196 | during a state of emergency or natural or manmade disaster or |
| 197 | catastrophe. |
| 198 | (6) TERMINATION.--The council shall terminate on July 1, |
| 199 | 2008. |
| 200 | Section 2. Section 526.143, Florida Statutes, is created |
| 201 | to read: |
| 202 | 526.143 Alternate means of power generation for motor fuel |
| 203 | dispensing facilities.-- |
| 204 | (1) No later than December 31, 2006, each motor fuel |
| 205 | terminal facility, as defined in s. 526.303(16), and wholesaler, |
| 206 | as defined in s. 526.303(17), that sells motor fuel in this |
| 207 | state must be capable of operating its distribution loading |
| 208 | racks using an alternate power source for a minimum of 72 hours. |
| 209 | Pending a postdisaster examination of the equipment by the |
| 210 | operator to determine any extenuating damage that would render |
| 211 | it inoperable or unsafe to use, the facility must have such |
| 212 | alternate power source available for operation no later than 36 |
| 213 | hours after a major disaster, as defined in s. 252.34. Initial |
| 214 | inspection for proper installation and operation shall be |
| 215 | completed by a local building inspector, and verification of the |
| 216 | inspection must be submitted to the local county emergency |
| 217 | management agency. Inspectors from the Department of Agriculture |
| 218 | and Consumer Services shall perform a periodic visual inspection |
| 219 | of the alternate power source to ensure that the emergency |
| 220 | auxiliary electrical equipment is installed. Each facility shall |
| 221 | perform annual inspections to ensure that the emergency |
| 222 | auxiliary electrical generators are in good working order and |
| 223 | show proof of those inspections in order to be deemed in |
| 224 | compliance with and to participate in the fuel supplier program. |
| 225 | (2) Each newly constructed or substantially renovated |
| 226 | motor fuel retail outlet, as defined in s. 526.303(14), for |
| 227 | which a certificate of occupancy is issued on or after July 1, |
| 228 | 2006, must be prewired with an appropriate transfer switch and |
| 229 | be capable of operating all fuel pumps, dispensing equipment, |
| 230 | life-safety systems, and payment acceptance equipment using an |
| 231 | alternate power source. As used in this subsection, the term |
| 232 | "substantially renovated" means a renovation that results in an |
| 233 | increase of greater than 50 percent in the assessed value of the |
| 234 | motor fuel retail outlet. Local building inspectors shall |
| 235 | include an equipment and operations check for compliance with |
| 236 | this subsection in the normal inspection process before issuing |
| 237 | a certificate of occupancy. A copy of the certificate of |
| 238 | occupancy shall be provided to the county emergency management |
| 239 | agency upon issuance of such certificate. Each facility shall |
| 240 | perform periodic inspections to ensure that the installed |
| 241 | transfer switch and emergency auxiliary electrical generators |
| 242 | are in good working order and provide proof of those inspections |
| 243 | to the county emergency management agency in order to be in |
| 244 | compliance with and to participate in the Florida Disaster Motor |
| 245 | Fuel Supplier Program under s. 526.144. |
| 246 | (3)(a) No later than December 31, 2006, each motor fuel |
| 247 | retail outlet described in subparagraph 1., subparagraph 2., or |
| 248 | subparagraph 3. that is located within 1/2 mile of an interstate |
| 249 | highway or state or federally designated evacuation route must |
| 250 | be prewired with an appropriate transfer switch and be capable |
| 251 | of operating all fuel pumps, dispensing equipment, life-safety |
| 252 | systems, and payment-acceptance equipment using an alternate |
| 253 | power source: |
| 254 | 1. A motor fuel retail outlet located in a county having a |
| 255 | population of 300,000 or more which has 16 or more fueling |
| 256 | positions. |
| 257 | 2. A motor fuel retail outlet located in a county having a |
| 258 | population of 100,000 or more, but fewer than 300,000, which has |
| 259 | 12 or more fueling positions. |
| 260 | 3. A motor fuel retail outlet located in a county having a |
| 261 | population of fewer than 100,000 which has eight or more fueling |
| 262 | positions. |
| 263 | (b) Installation of the wiring and transfer switch shall |
| 264 | be performed by a certified electrical contractor. Each retail |
| 265 | outlet subject to this subsection must keep a copy of the |
| 266 | documentation of such installation on site or at its corporate |
| 267 | headquarters. In addition, each retail outlet must keep a |
| 268 | written record that confirms the periodic testing and ensured |
| 269 | operational capacity of the equipment. The required documents |
| 270 | must be made available upon request to the Division of Emergency |
| 271 | Management and the county emergency management agency. |
| 272 | (4)(a) Subsections (2) and (3) apply to any self-service, |
| 273 | full-service, or combination self-service and full-service motor |
| 274 | fuel outlet regardless of whether the business is located on the |
| 275 | grounds of, or is owned by, another retail business |
| 276 | establishment that does not engage in the business of selling |
| 277 | motor fuel. |
| 278 | (b) Subsections (2) and (3) do not apply to: |
| 279 | 1. An automobile dealer; |
| 280 | 2. A person who operates a fleet of motor vehicles; or |
| 281 | 3. A person who sells motor fuel exclusively to a fleet of |
| 282 | motor vehicles. |
| 283 | (5) If any provision of this section or its application to |
| 284 | any person or circumstance is held invalid, the invalidity does |
| 285 | not affect other provisions or applications of the section which |
| 286 | can be given effect without the invalid provision or |
| 287 | application, and to this end the provisions of this section are |
| 288 | declared severable. |
| 289 | Section 3. Section 526.144, Florida Statutes, is created |
| 290 | to read: |
| 291 | 526.144 Florida Disaster Motor Fuel Supplier Program.-- |
| 292 | (1)(a) There is created the Florida Disaster Motor Fuel |
| 293 | Supplier Program within the Department of Community Affairs. The |
| 294 | Florida Disaster Motor Fuel Supplier Program shall allow any |
| 295 | retail motor fuel outlet doing business in the state to |
| 296 | participate in a network of emergency responders to provide fuel |
| 297 | supplies and services to government agencies, medical |
| 298 | institutions and facilities, critical infrastructure, and other |
| 299 | responders, as well as the general public, before, during, and |
| 300 | after a declared disaster as described in s. 252.36(2). |
| 301 | (b) Participation in the Florida Disaster Motor Fuel |
| 302 | Supplier Program shall be at the option of each county governing |
| 303 | body. In counties choosing to participate in the program, the |
| 304 | local county emergency management agency shall be primarily |
| 305 | responsible for administering the program within that county. In |
| 306 | counties that do not choose to participate in the program, the |
| 307 | Division of Emergency Management shall have the authority to |
| 308 | certify businesses as members of the State Emergency Response |
| 309 | Team and issue appropriate signage. Guidelines and |
| 310 | administration standards for participating counties shall be |
| 311 | recommended by the Division of Emergency Management and the |
| 312 | county emergency management agency. |
| 313 | (c) Participation in the program shall require |
| 314 | certification by the Division of Emergency Management or the |
| 315 | county emergency management agency of a retail motor fuel |
| 316 | outlet's preparedness to provide emergency services. |
| 317 | Requirements for certification shall be established by the |
| 318 | Division of Emergency Management or the county emergency |
| 319 | management agency no later than July 1, 2007. Businesses that |
| 320 | are certified shall be issued a State Emergency Response Team |
| 321 | logo for public display to alert emergency responders and the |
| 322 | public that the business is capable of assisting in an |
| 323 | emergency. |
| 324 | (2) At a minimum, businesses that are certified as State |
| 325 | Emergency Response Team members must have the onsite capability |
| 326 | to provide fuel dispensing services to other State Emergency |
| 327 | Response Team members within 36 hours after a major disaster has |
| 328 | occurred, or demonstrate the ability to have such service |
| 329 | available, and agree to make such service available as needed. |
| 330 | Businesses may choose to sell motor fuel through a preexisting |
| 331 | contract with local, state, and federal response agencies or may |
| 332 | provide point-of-sale service to such agencies. In addition, |
| 333 | businesses may choose to sell motor fuel to the general public |
| 334 | or may be directed by county or state emergency management |
| 335 | officials to provide such service pursuant to ss. 252.35 and |
| 336 | 252.38. If requested, appropriate law enforcement security may |
| 337 | be provided to the participating business for the purpose of |
| 338 | maintaining civil order during operating hours. |
| 339 | (3) Persons who are designated as State Emergency Response |
| 340 | Team members and who can produce appropriate identification, as |
| 341 | determined by state or county emergency management officials, |
| 342 | shall be given priority for the purchase of motor fuel at |
| 343 | businesses designated as State Emergency Response Team members. |
| 344 | Businesses may be directed by county or state emergency |
| 345 | management officials to remain open for specified periods during |
| 346 | a declared curfew to provide service for emergency management |
| 347 | personnel. Under such direction, a business shall not be in |
| 348 | violation of the curfew and shall not be penalized for such |
| 349 | operation, nor shall emergency management personnel be in |
| 350 | violation of such curfew. Persons traveling during periods of a |
| 351 | declared curfew shall be required to produce valid official |
| 352 | documentation of their position as a State Emergency Response |
| 353 | Team member or local emergency response agency staff member or |
| 354 | official. Such documentation may include, but is not limited to, |
| 355 | a current State Emergency Response Team identification badge, |
| 356 | current law enforcement agency identification or shield or the |
| 357 | identification or shield of another emergency response agency, |
| 358 | current health care employee identification card, or current |
| 359 | government services identification card indicating a critical |
| 360 | services position, as applicable. |
| 361 | (4) A retail motor fuel outlet that is designated as State |
| 362 | Emergency Response Team member may request priority |
| 363 | consideration with respect to the resupply of motor fuel in |
| 364 | order to continue to provide fuel and necessary services to |
| 365 | emergency responders. Such request is not binding but shall be |
| 366 | considered by emergency management agencies in determining |
| 367 | appropriate disaster response protocol. |
| 368 | (5) Notwithstanding any other law or local ordinance, to |
| 369 | ensure an appropriate emergency management response to major |
| 370 | disasters in the state, the regulation of and requirements for |
| 371 | the siting and placement of an alternate power source and any |
| 372 | related equipment at motor fuel terminal facilities, |
| 373 | wholesalers, and retail sales outlets shall be exclusively |
| 374 | controlled by the state. |
| 375 | (6) The Florida Energy Office of the Department of |
| 376 | Environmental Protection shall review progress in postdisaster |
| 377 | motor fuel supply distribution and provide a report to the |
| 378 | Speaker of the House of Representatives and the President of the |
| 379 | Senate by March 1, 2007. The report shall include information on |
| 380 | statewide compliance with s. 526.143 and identification of all |
| 381 | retail motor fuel outlets that are participating in the Florida |
| 382 | Disaster Motor Fuel Supplier Program. |
| 383 | Section 4. Section 553.509, Florida Statutes, is amended |
| 384 | to read: |
| 385 | 553.509 Vertical accessibility.--Nothing in sections |
| 386 | 553.501-553.513 or the guidelines shall be construed to relieve |
| 387 | the owner of any building, structure, or facility governed by |
| 388 | those sections from the duty to provide vertical accessibility |
| 389 | to all levels above and below the occupiable grade level, |
| 390 | regardless of whether the guidelines require an elevator to be |
| 391 | installed in such building, structure, or facility, except for |
| 392 | the areas, rooms, and spaces described in subsections (1), (2), |
| 393 | and (3): |
| 394 | (1) Elevator pits, elevator penthouses, mechanical rooms, |
| 395 | piping or equipment catwalks, and automobile lubrication and |
| 396 | maintenance pits and platforms.; |
| 397 | (2) Unoccupiable spaces, such as rooms, enclosed spaces, |
| 398 | and storage spaces that are not designed for human occupancy, |
| 399 | for public accommodations, or for work areas.; and |
| 400 | (3) Occupiable spaces and rooms that are not open to the |
| 401 | public and that house no more than five persons, including, but |
| 402 | not limited to, equipment control rooms and projection booths. |
| 403 | (4)(a) Any person, firm, or corporation that owns or |
| 404 | operates a residential multifamily dwelling, including a |
| 405 | condominium, that is at least 75 feet high and contains a public |
| 406 | elevator, as described in s. 399.035(2) and (3) and rules |
| 407 | adopted by the Florida Building Commission, shall have at least |
| 408 | one public elevator that is capable of operating on an alternate |
| 409 | power source for emergency purposes. Alternate power shall be |
| 410 | available for the purpose of allowing all residents access for a |
| 411 | specified number of hours each day over a 5-day period following |
| 412 | a natural disaster, manmade disaster, emergency, or other civil |
| 413 | disturbance that disrupts the normal supply of electricity. The |
| 414 | alternate power source that controls elevator operations must |
| 415 | also be capable of powering any connected fire alarm system in |
| 416 | the building. |
| 417 | (b) At a minimum, the elevator must be appropriately |
| 418 | prewired and prepared to accept an alternate power source and |
| 419 | must have a connection on the line side of the main disconnect, |
| 420 | pursuant to National Electric Code Handbook, Article 700. In |
| 421 | addition to the required power source for the elevator and |
| 422 | connected fire alarm system in the building, the alternate power |
| 423 | supply must be sufficient to provide emergency lighting to the |
| 424 | lobbies, hallways, and other portions of the building used by |
| 425 | the public. Residential multifamily dwellings must have an |
| 426 | available generator and fuel source on the property or have |
| 427 | proof of a current guaranteed service contract for such |
| 428 | equipment and fuel source to operate the elevator on an on-call |
| 429 | basis within 24 hours after a request. By December 31, 2006, |
| 430 | local building inspectors must provide to the county emergency |
| 431 | management agency verification of engineering plans for |
| 432 | residential multifamily dwellings that provide for the |
| 433 | capability to generate power by alternate means. Compliance with |
| 434 | installation requirements and operational capability |
| 435 | requirements must be verified by local building inspectors and |
| 436 | reported to the county emergency management agency by December |
| 437 | 31, 2007. |
| 438 | (c) Each newly constructed residential multifamily |
| 439 | dwelling, including a condominium, that is at least 75 feet high |
| 440 | and contains a public elevator, as described in s. 399.035(2) |
| 441 | and (3) and rules adopted by the Florida Building Commission, |
| 442 | must have at least one public elevator that is capable of |
| 443 | operating on an alternate power source for the purpose of |
| 444 | allowing all residents access for a specified number of hours |
| 445 | each day over a 5-day period following a natural disaster, |
| 446 | manmade disaster, emergency, or other civil disturbance that |
| 447 | disrupts the normal supply of electricity. The alternate power |
| 448 | source that controls elevator operations must be capable of |
| 449 | powering any connected fire alarm system in the building. In |
| 450 | addition to the required power source for the elevator and |
| 451 | connected fire alarm system, the alternate power supply must be |
| 452 | sufficient to provide emergency lighting to the lobbies, |
| 453 | hallways, and other portions of the building used by the public. |
| 454 | Engineering plans and verification of operational capability |
| 455 | must be provided by the local building inspector to the county |
| 456 | emergency management agency before occupancy of the newly |
| 457 | constructed building. |
| 458 | (d) Each person, firm, or corporation that is required to |
| 459 | maintain an alternate power source under this subsection shall |
| 460 | maintain a written emergency operations plan that details the |
| 461 | sequence of operations before, during, and after a natural or |
| 462 | manmade disaster or other emergency situation. The plan must |
| 463 | include, at a minimum, a life safety plan for evacuation, |
| 464 | maintenance of the electrical and lighting supply, and |
| 465 | provisions for the health, safety, and welfare of the residents. |
| 466 | In addition, the owner or operator of the residential |
| 467 | multifamily dwelling must keep written records of quarterly |
| 468 | inspections of life safety equipment and alternate power |
| 469 | generation equipment, which confirm that such equipment is |
| 470 | properly maintained and in good working condition, and any |
| 471 | contracts for alternate power generation equipment. The written |
| 472 | emergency operations plan and inspection records shall be open |
| 473 | for periodic inspection by local and state government agencies |
| 474 | as deemed necessary. The owner or operator must keep a generator |
| 475 | key in a lockbox posted at or near any installed generator unit. |
| 476 | (e) Multistory affordable residential dwellings for |
| 477 | persons age 62 and older that are financed or insured by the |
| 478 | United States Department of Housing and Urban Development must |
| 479 | make every effort to obtain grant funding from the Federal |
| 480 | Government or the Florida Housing Finance Corporation to comply |
| 481 | with this subsection. If an owner of such a residential dwelling |
| 482 | cannot comply with the requirements of this subsection, the |
| 483 | owner must develop a plan with the local emergency management |
| 484 | agency to ensure that residents are evacuated to a place of |
| 485 | safety in the event of a power outage resulting from a natural |
| 486 | or manmade disaster or other emergency situation that disrupts |
| 487 | the normal supply of electricity for an extended period of time. |
| 488 | A place of safety may include, but is not limited to, relocation |
| 489 | to an alternative site within the building or evacuation to a |
| 490 | local shelter. |
| 491 | (f) As a part of the annual elevator inspection required |
| 492 | under s. 399.061, certified inspectors shall confirm that all |
| 493 | installed generators required by this chapter are in working |
| 494 | order, that the inspection records are current, and that the |
| 495 | required generator key is present in the lockbox posted at or |
| 496 | near the installed generator. If a building does not have an |
| 497 | installed generator, the inspector shall confirm that the |
| 498 | appropriate prewiring and switching capabilities are operational |
| 499 | and that a contract for contingent services for alternate power |
| 500 | is current for the operating period. |
| 501 |
|
| 502 | However, buildings, structures, and facilities must, as a |
| 503 | minimum, comply with the requirements in the Americans with |
| 504 | Disabilities Act Accessibility Guidelines. |
| 505 | Section 5. Paragraph (i) of subsection (2) of section |
| 506 | 252.35, Florida Statutes, is amended, paragraphs (j) through (v) |
| 507 | are renumbered as paragraphs (k) through (w), respectively, and |
| 508 | a new paragraph (j) is added to that subsection, to read: |
| 509 | 252.35 Emergency management powers; Division of Emergency |
| 510 | Management.-- |
| 511 | (2) The division is responsible for carrying out the |
| 512 | provisions of ss. 252.31-252.90. In performing its duties under |
| 513 | ss. 252.31-252.90, the division shall: |
| 514 | (i) Institute statewide public awareness programs. This |
| 515 | shall include an intensive public educational campaign on |
| 516 | emergency preparedness issues, including, but not limited to, |
| 517 | the personal responsibility of individual citizens to be self- |
| 518 | sufficient for up to 72 hours following a natural or manmade |
| 519 | disaster. The public educational campaign shall include relevant |
| 520 | information on statewide disaster plans, evacuation routes, fuel |
| 521 | suppliers, and shelters. All educational materials must be |
| 522 | available in alternative formats and mediums to ensure that they |
| 523 | are available to persons with disabilities. |
| 524 | (j) The Division of Emergency Management and the |
| 525 | Department of Education shall coordinate with the Agency For |
| 526 | Persons with Disabilities to provide an educational outreach |
| 527 | program on disaster preparedness and readiness to individuals |
| 528 | who have limited English skills and identify persons who are in |
| 529 | need of assistance but are not defined under special-needs |
| 530 | criteria. |
| 531 | Section 6. The Legislature finds that county emergency |
| 532 | operations centers should meet the minimum criteria for |
| 533 | structural survivability and sufficiency of operational space as |
| 534 | determined by assessments performed by the Department of |
| 535 | Community Affairs based on guidance from the Federal Emergency |
| 536 | Management Agency. Criteria for an appropriation for a county |
| 537 | emergency operations center include, but are not limited to, |
| 538 | county population, hurricane evacuation clearance time for the |
| 539 | vulnerable population of the county, structural survivability of |
| 540 | the existing emergency operations center, and Federal Emergency |
| 541 | Management Agency guidance for workspace requirements for the |
| 542 | emergency operations center. First priority for funding shall be |
| 543 | given to county emergency operations centers where no survivable |
| 544 | facility exists and where workspace deficits exist. Funding |
| 545 | provided under this section may not be used for land acquisition |
| 546 | or recurring expenditures. Funding is limited to the |
| 547 | construction or structural renovation of a county emergency |
| 548 | operations center in order to meet national workspace |
| 549 | recommendations and may not be used to purchase equipment, |
| 550 | furnishings, communications, or operational systems. |
| 551 | Section 7. There is hereby appropriated $20 million from |
| 552 | nonrecurring general revenue and $8.6 million from the U. S. |
| 553 | Contributions Trust Fund to the Department of Community Affairs |
| 554 | in fixed capital outlay to provide for the construction or |
| 555 | structural renovation of county emergency operations centers. |
| 556 | Section 8. There is hereby appropriated $826,150 from |
| 557 | recurring general revenue to the Department of Community |
| 558 | Affairs, which includes $76,150 for the Florida Disaster |
| 559 | Supplier Program Council and $750,000 for the Division of |
| 560 | Emergency Management's public awareness campaign. |
| 561 | Section 9. This act shall take effect July 1, 2006. |