Florida Senate - 2019 SB 1364
By Senator Gruters
23-01190A-19 20191364__
1 A bill to be entitled
2 An act relating to comprehensive emergency management
3 planning for assisted living facilities; amending s.
4 429.41, F.S.; removing provisions related to standards
5 for the preparation and annual update of comprehensive
6 emergency management plans for assisted living
7 facilities for the purpose of revising and relocating
8 the provisions; creating s. 429.43, F.S.; providing
9 legislative intent; preempting the regulation of
10 comprehensive emergency management planning for
11 assisted living facilities to the state; requiring a
12 facility to submit a comprehensive emergency
13 management plan to the county emergency management
14 agency before the facility may be issued a license;
15 requiring a new licensee to submit an emergency
16 management plan within a specified timeframe when
17 ownership of a licensed facility is transferred;
18 requiring the county emergency management agency to
19 annually review the facility plan; requiring the
20 review to be completed within a specified timeframe;
21 requiring the county emergency management agency to
22 approve the plan or advise the facility of required
23 corrections; requiring documentation of any such
24 corrections to be submitted within a specified
25 timeframe; specifying that a county emergency
26 management agency is the final administrative
27 authority for comprehensive emergency management plans
28 prepared by assisted living facilities; requiring a
29 plan to include specified information and provisions,
30 including the acquisition by a specified date of an
31 alternate power source and a fuel supply sufficient to
32 operate the alternate power source; providing for
33 evacuation and offsite sheltering or use of an
34 alternate power source in a declared state of
35 emergency before such date; requiring the facility to
36 submit proof of approval of the plan and a certain
37 consumer-friendly summary to the Agency for Health
38 Care Administration within a specified timeframe;
39 requiring the plan to be available for review upon
40 request by the agency, the Division of Emergency
41 Management, and facility residents and their
42 representatives; requiring the facility to cooperate
43 with the agency, the division, and the county
44 emergency management agency to relocate residents
45 displaced by the emergency event under certain
46 circumstances; authorizing the agency, in consultation
47 with the division, to adopt rules to implement
48 provisions relating to comprehensive emergency
49 management planning; providing an effective date.
50
51 Be It Enacted by the Legislature of the State of Florida:
52
53 Section 1. Paragraph (b) of subsection (1) of section
54 429.41, Florida Statutes, is amended to read:
55 429.41 Rules establishing standards.—
56 (1) It is the intent of the Legislature that rules
57 published and enforced pursuant to this section shall include
58 criteria by which a reasonable and consistent quality of
59 resident care and quality of life may be ensured and the results
60 of such resident care may be demonstrated. Such rules shall also
61 ensure a safe and sanitary environment that is residential and
62 noninstitutional in design or nature. It is further intended
63 that reasonable efforts be made to accommodate the needs and
64 preferences of residents to enhance the quality of life in a
65 facility. Uniform firesafety standards for assisted living
66 facilities shall be established by the State Fire Marshal
67 pursuant to s. 633.206. The agency, in consultation with the
68 department, may adopt rules to administer the requirements of
69 part II of chapter 408. In order to provide safe and sanitary
70 facilities and the highest quality of resident care
71 accommodating the needs and preferences of residents, the
72 department, in consultation with the agency, the Department of
73 Children and Families, and the Department of Health, shall adopt
74 rules, policies, and procedures to administer this part, which
75 must include reasonable and fair minimum standards in relation
76 to:
77 (b) The preparation and annual update of a comprehensive
78 emergency management plan. Such standards must be included in
79 the rules adopted by the department after consultation with the
80 Division of Emergency Management. At a minimum, the rules must
81 provide for plan components that address emergency evacuation
82 transportation; adequate sheltering arrangements; postdisaster
83 activities, including provision of emergency power, food, and
84 water; postdisaster transportation; supplies; staffing;
85 emergency equipment; individual identification of residents and
86 transfer of records; communication with families; and responses
87 to family inquiries. The comprehensive emergency management plan
88 is subject to review and approval by the local emergency
89 management agency. During its review, the local emergency
90 management agency shall ensure that the following agencies, at a
91 minimum, are given the opportunity to review the plan: the
92 Department of Elderly Affairs, the Department of Health, the
93 Agency for Health Care Administration, and the Division of
94 Emergency Management. Also, appropriate volunteer organizations
95 must be given the opportunity to review the plan. The local
96 emergency management agency shall complete its review within 60
97 days and either approve the plan or advise the facility of
98 necessary revisions.
99 Section 2. Section 429.43, Florida Statutes, is created to
100 read:
101 429.43 Comprehensive emergency management planning.—
102 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
103 that assisted living facilities plan and prepare for, respond
104 to, and recover from natural or manmade disasters and other
105 hazards in a manner that allows for the reasonable protection of
106 the health, safety, and welfare of residents.
107 (2) PREEMPTION.—The regulation of comprehensive emergency
108 management planning for assisted living facilities resides with
109 the state and preempts any local ordinance or code on the
110 subject.
111 (3) PLAN APPROVAL BY COUNTY EMERGENCY MANAGEMENT AGENCY.—
112 (a) Before a facility may be issued a license under this
113 part, it must submit a comprehensive emergency management plan
114 to the county emergency management agency. The plan need not be
115 approved by the county emergency management agency before
116 licensure is granted. If ownership of a licensed facility is
117 transferred, the new licensee must submit a comprehensive
118 emergency management plan to the county emergency management
119 agency within 30 days after obtaining the license.
120 (b) A facility’s comprehensive emergency management plan is
121 subject to annual review and approval by the county emergency
122 management agency. The county emergency management agency shall
123 complete its review within 60 business days after the submission
124 of a plan and either approve the plan or notify the facility of
125 any required corrections. If corrections are required, the
126 facility must respond and submit documentation of the required
127 corrections within 30 business days after receiving notification
128 of the corrections from the emergency management agency.
129 (c) The county emergency management agency is the final
130 administrative authority for comprehensive emergency management
131 plans prepared by assisted living facilities. The review and
132 approval of comprehensive emergency management plans is a
133 ministerial act, and a plan approved by the county emergency
134 management agency is considered to have met the requirements of
135 subsection (4).
136 (4) PLAN COMPONENTS.—A comprehensive emergency management
137 plan must:
138 (a) Include the following information:
139 1. Facility information, including name, address, telephone
140 number, licensee, license number, licensed bed capacity, and the
141 year the facility was constructed.
142 2. The name and contact information of the administrator
143 and any other individual responsible for the submission of the
144 plan.
145 3. An analysis of natural and manmade hazards that have the
146 potential to affect the facility and its residents, which must
147 include all of the following:
148 a. A resident census.
149 b. Any required care for residents who have a diagnosed
150 cognitive impairment or who require special equipment or have
151 special care needs.
152 c. Identification of the facility as being within a
153 hurricane evacuation zone or a flood zone.
154 d. Identification of the facility’s proximity to fixed
155 hazardous material facilities or nuclear power plants.
156 4. The name and contact information of the individual in
157 control of decisionmaking for the facility during an emergency
158 and his or her procedure to activate the emergency plan and
159 ensure adequate staffing during the emergency.
160 (b) Provide for:
161 1. A 72-hour supply of food, water, and essential supplies.
162 2. The acquisition of an alternate power source to be
163 maintained at the facility which can produce electricity and a
164 fuel supply sufficient to operate the alternate power source.
165 For facilities licensed before June 1, 2020, the alternate power
166 source must be acquired and maintained at the facility by June
167 1, 2020.
168 a. From June 1 through November 30, a facility with a
169 licensed capacity of 17 or more beds shall maintain onsite a
170 fuel supply sufficient to operate the alternate power source for
171 at least 72 hours, and a facility with a licensed capacity of 16
172 beds or fewer shall maintain onsite a fuel supply sufficient to
173 operate the alternate power source for at least 48 hours.
174 b. From December 1 through May 31, a fuel supply sufficient
175 to operate the alternate power source for at least 24 hours must
176 be available onsite, regardless of the licensed bed capacity.
177 c. A facility may use piped natural gas to satisfy the fuel
178 supply requirements in this subparagraph.
179 d. If a state of emergency is declared before June 1, 2020,
180 for an event that may affect primary electrical power delivery
181 for the facility, the facility may implement evacuation and
182 offsite sheltering procedures or obtain an alternate power
183 source and a fuel supply onsite in sufficient quantity to
184 operate the power source for 72 hours. The alternate power
185 source and fuel must be obtained within 48 hours after the
186 issuance of the state of emergency. This sub-subparagraph shall
187 expire on June 1, 2020.
188 3. In the event of the facility’s loss of primary
189 electrical power during a declared state of emergency, a plan to
190 maintain indoor air temperatures in specific areas of the
191 facility in accordance with the temperature ranges listed in s.
192 464 of the Florida Building Code. The plan must describe the
193 systems and equipment that will be used to maintain the air
194 temperature. The specific areas of the facility requiring such
195 temperature control may include common areas that allow
196 residents to congregate throughout the day. Residents are not
197 required to be relocated to controlled temperature areas. The
198 temperature requirements of this subparagraph may not be
199 construed to prohibit a facility from acting as a receiving
200 facility for evacuees in a declared state of emergency.
201 4. A plan to provide emergency lighting, power for life
202 sustaining medical equipment specific to resident need,
203 appropriate temperatures for medication requiring refrigeration,
204 and the production of ice.
205 5. Installation and maintenance of carbon monoxide alarms.
206 6. A plan for a facility that elects to share alternative
207 power resources, fuel, and resident space if the facility is
208 located on a single campus with other facilities under common
209 ownership and the resources are sufficient to support the
210 requirements of each facility’s residents. The plan must include
211 details on the sharing of resources and a clear description of
212 how residents will be relocated on the campus if relocation is
213 necessary.
214 7. In the event of a declared state of emergency,
215 procedures for communicating with the county emergency
216 management agency; procedures for how the safety liaison,
217 decisionmakers, and staff will receive notice of impending
218 threats and warnings; procedures for staff to report to work;
219 and a plan for a primary and alternate system for alerting
220 residents, resident representatives, and families of the
221 potential emergency and furnishing information about sheltering
222 or evacuation.
223 8. Identification of mutual aid agreements and a
224 description of the role of the facility as either the host
225 facility receiving evacuees or the evacuating facility seeking
226 shelter in another facility.
227 9. An evacuation and offsite sheltering plan that includes
228 identifying transportation arrangements; identifying primary and
229 secondary evacuation routes; time estimates for complete
230 evacuation; logistical support concerning resident records,
231 medications, food, water, and other necessities for a minimum
232 72-hour stay; accompanying staff; communication procedures
233 during the evacuation and offsite sheltering period; and
234 identification and tracking of evacuated residents and pets.
235 10. Procedures for reoccupation of the facility, including
236 communication with the county emergency management agency for
237 clearance to reoccupy; determination of the ability to resume
238 operations; transportation arrangements; and identification and
239 tracking of residents and pets.
240 11. Procedures for acting as a receiving shelter for
241 evacuees, including receiving procedures for arriving evacuees
242 and determination of whether life safety needs can be met;
243 identification and tracking of evacuees; sleeping arrangements;
244 logistical support concerning evacuee records, medications,
245 food, water, and other necessities for a minimum 72-hour stay;
246 staffing; and procedures for complying with s. 408.821(2).
247 12. Annual training for staff on roles before, during, and
248 after an emergency event, including:
249 a. A training schedule.
250 b. A plan for training new staff.
251 c. Training on operating and maintaining the alternate
252 power source and fuel supply.
253 d. Training on monitoring for signs of dehydration and
254 heat-related injury.
255 e. Training on obtaining medical intervention from
256 emergency services for residents whose life safety is in
257 jeopardy.
258 (5) CONSUMER-FRIENDLY SUMMARY.—Within 10 business days
259 after the approval of the comprehensive emergency management
260 plan, the facility must submit proof to the agency of the
261 approval and a consumer-friendly summary of the controlled
262 temperature requirement portion of the plan. The consumer
263 friendly summary must identify the alternate power source, the
264 equipment to be used to maintain the air temperature range,
265 identification of the area where the air temperature will be
266 controlled, and other equipment to be powered by the alternate
267 power source.
268 (6) REVIEW OF RECORDS.—The approved comprehensive emergency
269 management plan must be maintained in facility records and made
270 readily available for review upon request by the agency, the
271 Division of Emergency Management, and residents and resident
272 representatives.
273 (7) RELOCATION OF RESIDENTS.—If a facility cannot be
274 occupied or reoccupied safely after an emergency event, the
275 facility must cooperate with the agency, the Division of
276 Emergency Management, and the county emergency management agency
277 in relocating displaced residents.
278 (8) RULEMAKING.—The agency, in consultation with the
279 Division of Emergency Management, may adopt rules to implement
280 the requirements of this section.
281 Section 3. This act shall take effect upon becoming a law.