Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 862
                        Barcode 592672
                            CHAMBER ACTION
              Senate                               House
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       04/18/2006 06:20 PM         .                    
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11  The Committee on Transportation and Economic Development
12  Appropriations (Fasano) recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  The Legislature finds that there is a
19  compelling need for improvements in infrastructure, as
20  identified during the 2004 and 2005 hurricane seasons, in
21  order to better protect the residents of this state. Based on
22  the criteria specified in this section, the Legislature shall
23  make funds available to local and state agencies through
24  appropriations to the Department of Community Affairs for the
25  purpose of enhancing public education and information,
26  constructing or improving county emergency operations centers,
27  providing emergency power for public special-needs hurricane
28  evacuation shelters, retrofitting public hurricane evacuation
29  shelters, improving logistical staging and warehouse capacity
30  for commodities, and planning for hurricane evacuations. The
31  criteria in this section shall be considered by the
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 862
                        Barcode 592672
 1  Legislature in determining eligibility for funding.
 2         (1)(a)  The Legislature finds that county emergency
 3  operations centers should meet minimum criteria for structural
 4  survivability and sufficiency of operational space, as
 5  determined by assessments performed by the Department of
 6  Community Affairs using the structural requirements of
 7  American Red Cross Standard ARC 4496, "Guidelines for
 8  Hurricane Evacuation Shelter Selection," and based on guidance
 9  from the Federal Emergency Management Agency. Criteria for
10  prioritizing and recommending the funding for county emergency
11  operations centers include, but are not limited to, county
12  population, hurricane evacuation clearance time for the
13  vulnerable population of the county, structural survivability
14  of the existing emergency operations center, and guidance of
15  the Federal Emergency Management Agency for workspace
16  requirements for the emergency operations center. First
17  priority for funding recommendations shall be for county
18  emergency operations centers where no survivable facility
19  exists and where workspace deficits exist. Funding
20  recommendations made pursuant to this paragraph may not
21  include land acquisition; the purchase of equipment,
22  furnishings, communications, or operational systems; or
23  recurring expenditures. Funding recommendations must be
24  limited to the construction or structural renovation of the
25  county emergency operations center needed to meet the same
26  structural requirements of American Red Cross Standard ARC
27  4496, "Guidelines for Hurricane Evacuation Shelter Selection,"
28  and national workspace recommendations. The Department of
29  Community Affairs shall establish a statewide competitive
30  grant application process for proposals to construct or
31  improve county emergency operations centers such that those
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 862
                        Barcode 592672
 1  centers would, upon completion of the project, meet minimum
 2  criteria as specified in this section. The application may
 3  contain one or more independent proposals for:
 4         1.  A construction or improvement project requesting
 5  state financial assistance or having received state financial
 6  assistance which also includes facility hardening or
 7  mitigation and which qualifies for funding under the federal
 8  Hazard Mitigation Grant Program. These proposals must document
 9  the commitment of all local funds needed and identify the
10  proposed state and federal funding needed, based on the
11  funding criteria specified in this paragraph, to complete the
12  project for a fully operational county emergency operations
13  center.
14         2.  A construction or improvement project to be funded
15  with local or other nonstate funds which includes facility
16  hardening or mitigation and which qualifies for funding under
17  the federal Hazard Mitigation Grant Program. These proposals
18  must document the commitment of all local funds needed and
19  identify the proposed federal funding needed, based on the
20  funding criteria in this paragraph, to complete the project
21  for a fully operational county emergency operations center.
22         (b)  The department shall prioritize all properly
23  submitted project applications based on minimum criteria as
24  specified in this section, local government participation, and
25  documented need. In reviewing proposals, the department must
26  take into consideration all state funds already provided for
27  the project which have not been expended but which will
28  decrease the project's fiscal need once expended. The amount
29  of a project's cost recommended for funding by the department
30  shall be limited to those costs considered reasonably
31  necessary to meet minimum criteria specified in this section.
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 862
                        Barcode 592672
 1  The release of any funds specifically appropriated to
 2  implement this subsection must be approved by the Legislative
 3  Budget Commission. Upon completion of the prioritization
 4  process, and no later than November 1, 2006, the department
 5  shall submit to the Legislative Budget Commission for approval
 6  a comprehensive funding proposal for the construction of and
 7  improvements to county emergency operations centers using
 8  appropriated funds. The proposal submitted to the Legislative
 9  Budget Commission must include a detailed identification of
10  the project and the corresponding detailed local, state, and
11  federal funding proposed for each project. In order to ensure
12  the maximum use of federal funds that are available for the
13  Hazard Mitigation Grant Program, any federal funds
14  appropriated to implement this subsection which remain after
15  fully allocating those funds to proposals under subparagraphs
16  1. and 2. may be used to fund proposals for retrofitting
17  hurricane evacuation shelters under subsection (3). Any
18  federal funds appropriated to implement this paragraph which
19  remain after fully allocating those funds for proposals under
20  subparagraphs 1. and 2. and subsection (3) shall be
21  appropriated for distribution pursuant to chapter 9G-22,
22  Florida Administrative Code. The Executive Office of the
23  Governor may submit a budget amendment to transfer those funds
24  in accordance with chapter 216, Florida Statutes.
25         (2)  The Legislature finds that by June 1, 2007, all
26  designated public special-needs hurricane evacuation shelters
27  should be equipped with permanent emergency power generating
28  capacity in order to provide electrical power for necessary
29  medical equipment for persons housed in the shelter and for
30  heating, ventilating, and air-conditioning the facility. An
31  appropriation for equipping a public special-needs hurricane
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 862
                        Barcode 592672
 1  evacuation shelter with permanent emergency power generating
 2  capacity may also be used in coordination with local
 3  communities in order to increase the number of special-needs
 4  shelter spaces that are available and to ensure that a
 5  sufficient number of public special-needs shelters are
 6  designated to meet the anticipated demand based on the best
 7  available data as determined jointly by the Department of
 8  Community Affairs and the Department of Health.
 9         (3)  The Legislature finds that retrofitting public
10  hurricane evacuation shelters is an efficient and economical
11  method of accelerating the state and local efforts to reduce
12  the deficit in shelter space. Criteria for assessing and
13  prioritizing the funding needs for retrofitting public
14  hurricane evacuation shelters include, but are not limited to,
15  the project's ability to meet the structural and siting
16  requirements of American Red Cross Standard ARC 4496,
17  "Guidelines for Hurricane Evacuation Shelter Selection," once
18  completed; the shelter needs of the local government as well
19  as the overall needs of the hurricane evacuation planning
20  region; the cost-effectiveness of the project in terms of the
21  number of public hurricane evacuation spaces; and the priority
22  ranking of the proposed project in the applicable local
23  mitigation strategy. The Department of Community Affairs shall
24  establish a statewide competitive grant application process
25  for retrofitting public hurricane evacuation shelters to meet
26  the minimum criteria specified in this section. In reviewing
27  proposals, the department shall consider all state funds
28  already provided for the project which have not been expended
29  but which will decrease the project's fiscal need once
30  expended. The department shall prioritize all properly
31  submitted project applications based on criteria specified in
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 862
                        Barcode 592672
 1  this section and documented need. The release of any funds
 2  specifically appropriated to implement this subsection must be
 3  approved by the Legislative Budget Commission. Upon completion
 4  of the prioritization process, and no later than November 1,
 5  2006, the department shall recommend funding for retrofitting
 6  public hurricane evacuation shelters to the Legislative Budget
 7  Commission for approval. In order to ensure maximum use of
 8  federal funds available for the Hazard Mitigation Grant
 9  Program, any federal funds appropriated to implement this
10  subsection which are remaining after fully allocating those
11  funds to proposals under this subsection shall be appropriated
12  for distribution pursuant to chapter 9G-22, Florida
13  Administrative Code. The Executive Office of the Governor may
14  submit a budget amendment to transfer those funds in
15  accordance with the provisions of chapter 216, Florida
16  Statutes.
17         (4)  The Legislature finds that improved logistical
18  staging and warehouse capacity for commodities will help
19  ensure that adequate supplies, equipment, and commodities are
20  available and accessible for purposes of responding to
21  disasters. Appropriated funds may be used for increasing
22  storage capacity; improving technologies to manage
23  commodities; and enhancing the state's ability to maintain in
24  a safe and secure manner an inventory of supplies, equipment,
25  and commodities that would be needed in the immediate
26  aftermath of a disaster. The release of any funds specifically
27  appropriated to implement this subsection must be approved by
28  the Legislative Budget Commission. The department shall submit
29  a funding plan for improved logistical staging and warehouse
30  capacity to the Legislative Budget Commission for approval by
31  September 1, 2006. Procurement of technologies to perform
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 862
                        Barcode 592672
 1  inventory tracking and commodities management must comply with
 2  the provisions of s. 287.057, Florida Statutes, requiring
 3  competitive bids.
 4         (5)  The Legislature finds that hurricane evacuation
 5  planning is a critical task that must be completed in the most
 6  effective and efficient manner possible. Appropriated funds
 7  may be used to update current regional evacuation plans and
 8  shall incorporate current transportation networks, behavioral
 9  studies, and vulnerability studies. In addition, funds may be
10  used to perform computer-modeling analysis on the effects of
11  storm-surge events. Procurement of technologies to perform the
12  updates and computer modeling must comply with the provisions
13  s. 287.057, Florida Statutes, requiring competitive bids.
14         Section 2.  The sum of $13.2 million in fixed capital
15  outlay is appropriated from the General Revenue Fund and the
16  sum of $39.6 million is appropriated from the U.S.
17  Contributions Trust Fund to the Department of Community
18  Affairs for the purpose of implementing the provisions of this
19  act relating to providing emergency power generators in
20  special-needs shelters during the 2006-2007 state fiscal year.
21  The Department of Community Affairs may not use more than 5
22  percent of these funds to administer the funding provided.
23         Section 3.  The sum of $15 million in fixed capital
24  outlay is appropriated from the U.S. Contributions Trust Fund
25  to the Department of Community Affairs for the purpose of
26  implementing the provisions of this act relating to
27  retrofitting public hurricane evacuation shelters during the
28  2006-2007 state fiscal year. The Department of Community
29  Affairs may not use more than 5 percent of these funds to
30  administer the funding provided.
31         Section 4.  The sum of $29 million is appropriated from
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 862
                        Barcode 592672
 1  the U.S. Contributions Trust Fund to the Department of
 2  Community Affairs for the purpose of implementing the
 3  provisions of this act relating to hurricane evacuation
 4  planning during the 2006-2007 state fiscal year. The
 5  Department of Community Affairs may not use more than 5
 6  percent of these funds to administer the funding provided.
 7         Section 5.  The sum of $2.1 million in recurring funds
 8  is appropriated from the General Revenue Fund and the sum of
 9  $4.4 million is appropriated from the Emergency Management
10  Preparedness and Assistance Trust Fund to the Department of
11  Community Affairs for the 2006-2007 state fiscal year.
12  Notwithstanding s. 252.373, Florida Statutes, these funds may
13  be used to implement the provisions of this act relating to
14  improved logistical staging and warehouse capacity for
15  commodities.
16         Section 6.  The sum of $20 million in fixed capital
17  outlay is appropriated from the General Revenue Fund and the
18  sum of $25 million is appropriated from the U.S. Contributions
19  Trust Fund to the Department of Community Affairs for the
20  purpose of implementing the provisions of this act relating to
21  county emergency operations centers during the 2006-2007 state
22  fiscal year. The Department of Community Affairs may not use
23  more than 5 percent of these funds to administer the funding
24  provided.
25         Section 7.  The sum of $3.4 million is appropriated
26  from the U.S. Contributions Trust Fund to the Department of
27  Community Affairs for the purpose of implementing the
28  provisions of this act relating to enhanced public education
29  and information on hurricane preparedness during the 2006-2007
30  state fiscal year.
31         Section 8.  This act shall take effect upon becoming a
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 862
                        Barcode 592672
 1  law.
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 3  
 4  ================ T I T L E   A M E N D M E N T ===============
 5  And the title is amended as follows:
 6         Delete everything before the enacting clause
 7  
 8  and insert:  
 9                      A bill to be entitled
10         An act relating to emergency management;
11         providing legislative findings with respect to
12         the need for improvements in the state's
13         infrastructure in response to the hurricane
14         seasons of 2004 and 2005; providing for the
15         Legislature to make funds available to local
16         and state agencies through appropriations to
17         the Department of Community Affairs; requiring
18         the department to establish a statewide grant
19         application process; providing criteria for an
20         appropriation to fund the construction or
21         renovation of county emergency operations
22         centers; providing limitations on the use of
23         such funds; requiring that the release of funds
24         be approved by the Legislative Budget
25         Commission; providing criteria for an
26         appropriation to fund equipping public
27         special-needs hurricane evacuation shelters
28         with the permanent capacity to generate
29         emergency power; providing criteria for an
30         appropriation for retrofitting public hurricane
31         evacuation shelters; requiring that the release
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 862
                        Barcode 592672
 1         of funds be approved by the Legislative Budget
 2         Commission; providing for funds to be
 3         appropriated to improve the logistical staging
 4         and warehouse capacity of commodities used
 5         following a disaster; providing for funds to be
 6         appropriated for the purpose of hurricane
 7         evacuation planning; providing appropriations;
 8         providing an effective date.
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