Senate Bill sb0862c2
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Florida Senate - 2006 CS for CS for SB 862
By the Committees on Transportation and Economic Development
Appropriations; Domestic Security; and Senators Diaz de la
Portilla and Fasano
606-2280-06
1 A bill to be entitled
2 An act relating to emergency management;
3 providing legislative findings with respect to
4 the need for improvements in the state's
5 infrastructure in response to the hurricane
6 seasons of 2004 and 2005; providing for the
7 Legislature to make funds available to local
8 and state agencies through appropriations to
9 the Department of Community Affairs; requiring
10 the department to establish a statewide grant
11 application process; providing criteria for an
12 appropriation to fund the construction or
13 renovation of county emergency operations
14 centers; providing limitations on the use of
15 such funds; requiring that the release of funds
16 be approved by the Legislative Budget
17 Commission; providing criteria for an
18 appropriation to fund equipping public
19 special-needs hurricane evacuation shelters
20 with the permanent capacity to generate
21 emergency power; providing criteria for an
22 appropriation for retrofitting public hurricane
23 evacuation shelters; requiring that the release
24 of funds be approved by the Legislative Budget
25 Commission; providing for funds to be
26 appropriated to improve the logistical staging
27 and warehouse capacity of commodities used
28 following a disaster; providing for funds to be
29 appropriated for the purpose of hurricane
30 evacuation planning; providing appropriations;
31 providing an effective date.
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Florida Senate - 2006 CS for CS for SB 862
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1 Be It Enacted by the Legislature of the State of Florida:
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3 Section 1. The Legislature finds that there is a
4 compelling need for improvements in infrastructure, as
5 identified during the 2004 and 2005 hurricane seasons, in
6 order to better protect the residents of this state. Based on
7 the criteria specified in this section, the Legislature shall
8 make funds available to local and state agencies through
9 appropriations to the Department of Community Affairs for the
10 purpose of enhancing public education and information,
11 constructing or improving county emergency operations centers,
12 providing emergency power for public special-needs hurricane
13 evacuation shelters, retrofitting public hurricane evacuation
14 shelters, improving logistical staging and warehouse capacity
15 for commodities, and planning for hurricane evacuations. The
16 criteria in this section shall be considered by the
17 Legislature in determining eligibility for funding.
18 (1)(a) The Legislature finds that county emergency
19 operations centers should meet minimum criteria for structural
20 survivability and sufficiency of operational space, as
21 determined by assessments performed by the Department of
22 Community Affairs using the structural requirements of
23 American Red Cross Standard ARC 4496, "Guidelines for
24 Hurricane Evacuation Shelter Selection," and based on guidance
25 from the Federal Emergency Management Agency. Criteria for
26 prioritizing and recommending the funding for county emergency
27 operations centers include, but are not limited to, county
28 population, hurricane evacuation clearance time for the
29 vulnerable population of the county, structural survivability
30 of the existing emergency operations center, and guidance of
31 the Federal Emergency Management Agency for workspace
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1 requirements for the emergency operations center. First
2 priority for funding recommendations shall be for county
3 emergency operations centers where no survivable facility
4 exists and where workspace deficits exist. Funding
5 recommendations made pursuant to this paragraph may not
6 include land acquisition; the purchase of equipment,
7 furnishings, communications, or operational systems; or
8 recurring expenditures. Funding recommendations must be
9 limited to the construction or structural renovation of the
10 county emergency operations center needed to meet the same
11 structural requirements of American Red Cross Standard ARC
12 4496, "Guidelines for Hurricane Evacuation Shelter Selection,"
13 and national workspace recommendations. The Department of
14 Community Affairs shall establish a statewide competitive
15 grant application process for proposals to construct or
16 improve county emergency operations centers such that those
17 centers would, upon completion of the project, meet minimum
18 criteria as specified in this section. The application may
19 contain one or more independent proposals for:
20 1. A construction or improvement project requesting
21 state financial assistance or having received state financial
22 assistance which also includes facility hardening or
23 mitigation and which qualifies for funding under the federal
24 Hazard Mitigation Grant Program. These proposals must document
25 the commitment of all local funds needed and identify the
26 proposed state and federal funding needed, based on the
27 funding criteria specified in this paragraph, to complete the
28 project for a fully operational county emergency operations
29 center.
30 2. A construction or improvement project to be funded
31 with local or other nonstate funds which includes facility
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1 hardening or mitigation and which qualifies for funding under
2 the federal Hazard Mitigation Grant Program. These proposals
3 must document the commitment of all local funds needed and
4 identify the proposed federal funding needed, based on the
5 funding criteria in this paragraph, to complete the project
6 for a fully operational county emergency operations center.
7 (b) The department shall prioritize all properly
8 submitted project applications based on minimum criteria as
9 specified in this section, local government participation, and
10 documented need. In reviewing proposals, the department must
11 take into consideration all state funds already provided for
12 the project which have not been expended but which will
13 decrease the project's fiscal need once expended. The amount
14 of a project's cost recommended for funding by the department
15 shall be limited to those costs considered reasonably
16 necessary to meet minimum criteria specified in this section.
17 The release of any funds specifically appropriated to
18 implement this subsection must be approved by the Legislative
19 Budget Commission. Upon completion of the prioritization
20 process, and no later than November 1, 2006, the department
21 shall submit to the Legislative Budget Commission for approval
22 a comprehensive funding proposal for the construction of and
23 improvements to county emergency operations centers using
24 appropriated funds. The proposal submitted to the Legislative
25 Budget Commission must include a detailed identification of
26 the project and the corresponding detailed local, state, and
27 federal funding proposed for each project. In order to ensure
28 the maximum use of federal funds that are available for the
29 Hazard Mitigation Grant Program, any federal funds
30 appropriated to implement this subsection which remain after
31 fully allocating those funds to proposals under subparagraphs
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1 1. and 2. may be used to fund proposals for retrofitting
2 hurricane evacuation shelters under subsection (3). Any
3 federal funds appropriated to implement this paragraph which
4 remain after fully allocating those funds for proposals under
5 subparagraphs 1. and 2. and subsection (3) shall be
6 appropriated for distribution pursuant to chapter 9G-22,
7 Florida Administrative Code. The Executive Office of the
8 Governor may submit a budget amendment to transfer those funds
9 in accordance with chapter 216, Florida Statutes.
10 (2) The Legislature finds that by June 1, 2007, all
11 designated public special-needs hurricane evacuation shelters
12 should be equipped with permanent emergency power generating
13 capacity in order to provide electrical power for necessary
14 medical equipment for persons housed in the shelter and for
15 heating, ventilating, and air-conditioning the facility. An
16 appropriation for equipping a public special-needs hurricane
17 evacuation shelter with permanent emergency power generating
18 capacity may also be used in coordination with local
19 communities in order to increase the number of special-needs
20 shelter spaces that are available and to ensure that a
21 sufficient number of public special-needs shelters are
22 designated to meet the anticipated demand based on the best
23 available data as determined jointly by the Department of
24 Community Affairs and the Department of Health.
25 (3) The Legislature finds that retrofitting public
26 hurricane evacuation shelters is an efficient and economical
27 method of accelerating the state and local efforts to reduce
28 the deficit in shelter space. Criteria for assessing and
29 prioritizing the funding needs for retrofitting public
30 hurricane evacuation shelters include, but are not limited to,
31 the project's ability to meet the structural and siting
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1 requirements of American Red Cross Standard ARC 4496,
2 "Guidelines for Hurricane Evacuation Shelter Selection," once
3 completed; the shelter needs of the local government as well
4 as the overall needs of the hurricane evacuation planning
5 region; the cost-effectiveness of the project in terms of the
6 number of public hurricane evacuation spaces; and the priority
7 ranking of the proposed project in the applicable local
8 mitigation strategy. The Department of Community Affairs shall
9 establish a statewide competitive grant application process
10 for retrofitting public hurricane evacuation shelters to meet
11 the minimum criteria specified in this section. In reviewing
12 proposals, the department shall consider all state funds
13 already provided for the project which have not been expended
14 but which will decrease the project's fiscal need once
15 expended. The department shall prioritize all properly
16 submitted project applications based on criteria specified in
17 this section and documented need. The release of any funds
18 specifically appropriated to implement this subsection must be
19 approved by the Legislative Budget Commission. Upon completion
20 of the prioritization process, and no later than November 1,
21 2006, the department shall recommend funding for retrofitting
22 public hurricane evacuation shelters to the Legislative Budget
23 Commission for approval. In order to ensure maximum use of
24 federal funds available for the Hazard Mitigation Grant
25 Program, any federal funds appropriated to implement this
26 subsection which are remaining after fully allocating those
27 funds to proposals under this subsection shall be appropriated
28 for distribution pursuant to chapter 9G-22, Florida
29 Administrative Code. The Executive Office of the Governor may
30 submit a budget amendment to transfer those funds in
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1 accordance with the provisions of chapter 216, Florida
2 Statutes.
3 (4) The Legislature finds that improved logistical
4 staging and warehouse capacity for commodities will help
5 ensure that adequate supplies, equipment, and commodities are
6 available and accessible for purposes of responding to
7 disasters. Appropriated funds may be used for increasing
8 storage capacity; improving technologies to manage
9 commodities; and enhancing the state's ability to maintain in
10 a safe and secure manner an inventory of supplies, equipment,
11 and commodities that would be needed in the immediate
12 aftermath of a disaster. The release of any funds specifically
13 appropriated to implement this subsection must be approved by
14 the Legislative Budget Commission. The department shall submit
15 a funding plan for improved logistical staging and warehouse
16 capacity to the Legislative Budget Commission for approval by
17 September 1, 2006. Procurement of technologies to perform
18 inventory tracking and commodities management must comply with
19 the provisions of s. 287.057, Florida Statutes, requiring
20 competitive bids.
21 (5) The Legislature finds that hurricane evacuation
22 planning is a critical task that must be completed in the most
23 effective and efficient manner possible. Appropriated funds
24 may be used to update current regional evacuation plans and
25 shall incorporate current transportation networks, behavioral
26 studies, and vulnerability studies. In addition, funds may be
27 used to perform computer-modeling analysis on the effects of
28 storm-surge events. Procurement of technologies to perform the
29 updates and computer modeling must comply with the provisions
30 s. 287.057, Florida Statutes, requiring competitive bids.
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Florida Senate - 2006 CS for CS for SB 862
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1 Section 2. The sum of $13.2 million in fixed capital
2 outlay is appropriated from the General Revenue Fund and the
3 sum of $39.6 million is appropriated from the U.S.
4 Contributions Trust Fund to the Department of Community
5 Affairs for the purpose of implementing the provisions of this
6 act relating to providing emergency power generators in
7 special-needs shelters during the 2006-2007 state fiscal year.
8 The Department of Community Affairs may not use more than 5
9 percent of these funds to administer the funding provided.
10 Section 3. The sum of $15 million in fixed capital
11 outlay is appropriated from the U.S. Contributions Trust Fund
12 to the Department of Community Affairs for the purpose of
13 implementing the provisions of this act relating to
14 retrofitting public hurricane evacuation shelters during the
15 2006-2007 state fiscal year. The Department of Community
16 Affairs may not use more than 5 percent of these funds to
17 administer the funding provided.
18 Section 4. The sum of $29 million is appropriated from
19 the U.S. Contributions Trust Fund to the Department of
20 Community Affairs for the purpose of implementing the
21 provisions of this act relating to hurricane evacuation
22 planning during the 2006-2007 state fiscal year. The
23 Department of Community Affairs may not use more than 5
24 percent of these funds to administer the funding provided.
25 Section 5. The sum of $2.1 million in recurring funds
26 is appropriated from the General Revenue Fund and the sum of
27 $4.4 million is appropriated from the Emergency Management
28 Preparedness and Assistance Trust Fund to the Department of
29 Community Affairs for the 2006-2007 state fiscal year.
30 Notwithstanding s. 252.373, Florida Statutes, these funds may
31 be used to implement the provisions of this act relating to
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Florida Senate - 2006 CS for CS for SB 862
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1 improved logistical staging and warehouse capacity for
2 commodities.
3 Section 6. The sum of $20 million in fixed capital
4 outlay is appropriated from the General Revenue Fund and the
5 sum of $25 million is appropriated from the U.S. Contributions
6 Trust Fund to the Department of Community Affairs for the
7 purpose of implementing the provisions of this act relating to
8 county emergency operations centers during the 2006-2007 state
9 fiscal year. The Department of Community Affairs may not use
10 more than 5 percent of these funds to administer the funding
11 provided.
12 Section 7. The sum of $3.4 million is appropriated
13 from the U.S. Contributions Trust Fund to the Department of
14 Community Affairs for the purpose of implementing the
15 provisions of this act relating to enhanced public education
16 and information on hurricane preparedness during the 2006-2007
17 state fiscal year.
18 Section 8. This act shall take effect upon becoming a
19 law.
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Florida Senate - 2006 CS for CS for SB 862
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 CS/Senate Bill 862
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The committee substitute differs from the previous bill in the
5 following ways:
6 -- Authorizes appropriated funds to be used for enhancing
public education and information;
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-- Directs the Department of Community Affairs (department)
8 to establish a statewide competitive grant application
process for funding county emergency operations centers
9 and for retrofitting public hurricane evacuation centers.
Funds provided for these facilities must be prioritized
10 by the department, using criteria specified in the bill,
and submitted for approval, with specific detail
11 identifying each project recommended, to the Legislative
Budget Commission no later than November 1, 2006;
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-- Provides that release of funds for improved logistical
13 staging and warehousing of commodities needed to respond
to a disaster must be approved by the Legislative Budget
14 Commission. The department must submit a funding plan
for these efforts to the Legislative Budget Commission no
15 later than September 1, 2006;
16 -- Authorizes funds to update current regional evacuation
plans, and to purchase technologies to perform the
17 updates and to perform computer modeling of storm-surge
events. The purchase of technologies with these funds
18 must comply with the provisions of s. 287.057, F.S.,
requiring competitive bids; and
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-- Deletes legislative findings relating to the
20 establishment of a regional hurricane evacuation shelter
pilot program, and deletes the criteria for an
21 appropriation for regional hurricane evacuation shelters.
22 The committee substitute makes the following appropriations
totaling $151.7 million to the Department of Community Affairs
23 for the 2006-2007 fiscal year:
24 -- $52.8 million for emergency power generators in public
special-needs hurricane evacuation shelters;
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-- $15 million for retrofitting public hurricane evacuation
26 shelters;
27 -- $29 million for hurricane evacuation planning ;
28 -- $6.5 million for improved logistical staging and
warehouse capacity for emergency commodities;
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-- $45 million for construction or hardening of county
30 emergency operations centers; and
31 -- $3.4 million for enhanced public education and
information on hurricane preparedness.
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Florida Senate - 2006 CS for CS for SB 862
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1 The committee substitute provides that federal funds
appropriated for emergency operations centers that are
2 remaining after Legislative Budget Commission approval may be
reallocated to retrofitting public hurricane evacuation
3 shelters, and that any federal funds for shelters remaining
after Legislative Budget Commission approval may then be
4 requested by the Governor to be transferred through a budget
amendment to the hazard mitigation grant program for
5 distribution pursuant to chapter 9G-22, Florida Administrative
Code.
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