Florida Senate - 2019              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1610
       
       
       
       
       
                               Ì782098OÎ782098                          
       
       576-04452-19                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development)
    1                        A bill to be entitled                      
    2         An act relating to emergency mitigation and response;
    3         creating the Hurricane Michael Recovery Task Force
    4         adjunct to the Division of Emergency Management of the
    5         Executive Office of the Governor to make
    6         recommendations to the Legislature regarding
    7         additional assistance needed in the response to,
    8         recovery from, and mitigation of the effects of
    9         Hurricane Michael in certain areas; requiring the task
   10         force to review the effectiveness of local, state, and
   11         federal activities in those areas, as well as the
   12         availability of resources and any additional
   13         assistance needed; providing for the membership of the
   14         task force; providing requirements for and
   15         restrictions on membership; providing for certain
   16         reimbursement; requiring the task force to report its
   17         findings and to make specified recommendations to the
   18         Legislature and the Governor by a specified date;
   19         providing for dissolution of the task force by a
   20         specified date; subject to the appropriation of funds,
   21         requiring the Division of Emergency Management to
   22         prepare an after-action report on the shelter
   23         operations that took place during Hurricane Michael,
   24         subject to certain requirements; requiring that the
   25         report be submitted to the Legislature and the
   26         Governor by a specified date; requiring that the
   27         Department of Economic Opportunity include a program
   28         to retrofit or to repair hurricane evacuation shelters
   29         in certain action plans under certain circumstances;
   30         subject to the appropriation of funds, requiring the
   31         division to competitively procure a consultant to
   32         conduct a study of facilities used as emergency
   33         operations centers; providing requirements for the
   34         study; authorizing the study to take into account the
   35         locations of emergency operations centers and to
   36         recommend certain joint agreements for the use of such
   37         centers; requiring that a report on the study be
   38         submitted to the Legislature and the Governor by a
   39         specified date; creating s. 420.57, F.S.; subject to
   40         the appropriation of funds, creating the Hurricane
   41         Housing Recovery Program to provide funds to local
   42         governments for certain affordable housing recovery
   43         efforts; requiring that the Florida Housing Finance
   44         Corporation administer the program and allocate
   45         resources to local governments that meet certain
   46         criteria; specifying requirements for receiving and
   47         using funds; requiring participating local governments
   48         to submit a certain annual report to the corporation;
   49         requiring the corporation to compile the reports and
   50         submit them to the Legislature; subject to the
   51         appropriation of funds, creating the Rental Recovery
   52         Loan Program to provide funds to build additional
   53         rental housing due to specified impacts; requiring the
   54         corporation to administer the program; providing
   55         intent for the program; requiring participating local
   56         governments to submit a certain annual report to the
   57         corporation; requiring the corporation to compile the
   58         reports and submit them to the Legislature;
   59         authorizing the corporation to adopt rules; requiring
   60         that the Department of Economic Opportunity include a
   61         program to repair, renovate, or replace single-family
   62         housing in certain action plans submitted to a
   63         specified federal agency, under certain circumstances;
   64         requiring that the Florida Building Commission, in
   65         consultation with specified stakeholders and other
   66         entities, review the effects of Hurricane Michael and
   67         make recommendations to strengthen and enhance the
   68         design, construction, and lifesafety provisions of the
   69         Florida Building Code; providing requirements for such
   70         recommendations; requiring the commission to submit a
   71         certain report to the Legislature by a specified date;
   72         providing for future repeal of certain provisions;
   73         subject to the appropriation of funds, creating the
   74         Public Facilities Hurricane Restoration Cash Flow Loan
   75         Program for the purpose of assisting counties,
   76         municipalities, and district school boards in making
   77         timely payments in restoring certain facilities;
   78         providing eligibility requirements for receiving a
   79         cash flow loan; requiring that the Department of
   80         Economic Opportunity administer the loan program and
   81         distribute loan funds; requiring that the Division of
   82         Emergency Management notify the Department of Economic
   83         Opportunity when certain federal payments have been
   84         distributed; amending s. 570.82, F.S.; providing that
   85         trees grown for fiber are an eligible crop for loans
   86         under the Agricultural Economic Development Program;
   87         requiring that applicants applying for a loan related
   88         to the effects of Hurricane Michael submit an
   89         application to the Department of Agriculture and
   90         Consumer Services by a specified date; providing
   91         applicability; requiring that certain assessment
   92         requirements for specified students be waived;
   93         requiring specified schools to grant standard high
   94         school diplomas to students who meet certain
   95         requirements; requiring that certain assessment
   96         requirements for a specified school year be waived;
   97         providing that the promotion of grade 3 students be
   98         based on measures determined by specified school
   99         districts; requiring that school grades for a
  100         specified school year be calculated and released for
  101         certain purposes; providing that specified school
  102         districts be held harmless from certain liability;
  103         providing requirements for the measurement of school
  104         grades for a specified school year; providing
  105         legislative findings; amending s. 1008.33, F.S.;
  106         effective on a specified date, requiring the
  107         Department of Education to suspend its duties and
  108         obligations under a specified provision for certain
  109         school years for specified school districts; providing
  110         a directive to the Division of Law Revision; providing
  111         an effective date.
  112          
  113  Be It Enacted by the Legislature of the State of Florida:
  114  
  115         Section 1. The Hurricane Michael Recovery Task Force, a
  116  task force as defined in s. 20.03, Florida Statutes, is
  117  established adjunct to the Division of Emergency Management to
  118  make recommendations to the Legislature regarding additional
  119  assistance needed in the response to, the recovery from, and the
  120  mitigation of the effects of Hurricane Michael in the areas
  121  designated in the federal disaster declaration DR-4399. The task
  122  force shall review the local, state, and federal activities
  123  conducted and the resources provided in such areas, the
  124  effectiveness of such efforts, and any additional assistance
  125  necessary.
  126         (1) The task force must consist of the following five
  127  members:
  128         (a) One member representing the business community, who
  129  shall serve as chair, appointed by the Governor.
  130         (b) One member representing agricultural interests,
  131  appointed by the Commissioner of Agriculture.
  132         (c) One member representing the fishing industry, appointed
  133  by the Fish and Wildlife Conservation Commission.
  134         (d) One member representing emergency response, appointed
  135  by the executive director of the Division of Emergency
  136  Management.
  137         (e) One member representing housing interests, appointed by
  138  the executive director of the Department of Economic
  139  Opportunity.
  140         (2) Members shall serve at the pleasure of their appointing
  141  official. Any vacancy must be filled in the same manner as the
  142  original appointment. A member of the Legislature or a
  143  registered lobbyist may not be appointed to the task force.
  144  Members shall serve without compensation, but are entitled to
  145  reimbursement of travel and per diem expenses pursuant to
  146  section 112.061, Florida Statutes, in the performance of their
  147  duties and responsibilities under this section.
  148         (3) The task force shall report its findings and make
  149  specific recommendations for further response, recovery, and
  150  mitigation to the President of the Senate, the Speaker of the
  151  House of Representatives, and the Governor by December 15, 2019.
  152  The task force is dissolved not later than March 10, 2020.
  153         Section 2. Subject to the appropriation of funds for that
  154  purpose by the Legislature, the Division of Emergency Management
  155  must prepare an after-action report on the shelter operations
  156  that took place during Hurricane Michael. The division shall
  157  examine the latest available Statewide Emergency Shelter Plan
  158  prepared pursuant to ss. 252.385 and 1013.372, Florida Statutes,
  159  to determine, based on the number of people who evacuated during
  160  Hurricane Michael, whether there is sufficient capacity of
  161  general population hurricane evacuation shelter space and of
  162  special needs hurricane evacuation shelter space in the
  163  applicable regional planning council regions. The report must
  164  include basic information for each shelter activated during
  165  Hurricane Michael, including the shelter type (general
  166  population, special needs, or pet friendly), name, address, and
  167  maximum occupant capacity. Additionally, the report must provide
  168  functional data for each shelter, including the number of
  169  persons served at each shelter throughout the event, the
  170  timeline for opening and closing each shelter, and whether each
  171  shelter had sufficient staff, security, transportation,
  172  equipment, lavatories, sanitation, feeding capabilities,
  173  capacity, and standby or emergency power. The report also must
  174  identify any unmet needs at each shelter and must indicate
  175  whether each shelter met or exceeded the American Red Cross
  176  Standards for Hurricane Evacuation Shelter Selection (ARC 4496).
  177  Finally, the report must identify any shelter not activated for
  178  Hurricane Michael and the basis for the determination not to
  179  activate it, such as the inability of the shelter to withstand a
  180  certain level hurricane impact. The report must be completed and
  181  presented to the President of the Senate, the Speaker of the
  182  House of Representatives, and the Governor by December 15, 2019.
  183         Section 3. The Department of Economic Opportunity shall
  184  include a program to retrofit or to repair hurricane evacuation
  185  shelters in any action plan submitted to the federal Department
  186  of Housing and Urban Development for use of the funds made
  187  available under Grant Number B-18-DP-12-0002, provided that
  188  federal guidance for use of the funds allows such a program.
  189         Section 4. Subject to the appropriation of funds for that
  190  purpose by the Legislature, the Division of Emergency Management
  191  must competitively procure a consultant to conduct a study of
  192  facilities used as emergency operations centers. At a minimum,
  193  the study must assess the availability, capacity, communications
  194  capabilities, hurricane rating, and other safety conditions of
  195  such centers. The study must also assess the need for a new
  196  emergency operations center to serve one or more counties in a
  197  given region or for upgrades to existing centers. The study must
  198  make recommendations as to how the state may best address
  199  communities’ needs for emergency operations centers, or access
  200  to such centers, and necessary changes to existing centers to
  201  ensure the best possible emergency response in a region. The
  202  study may take into account the geographic locations of
  203  emergency operations centers and may recommend joint agreements
  204  for use of such centers for emergency response. A report of the
  205  findings of the study must be completed by December 15, 2019,
  206  and presented to the President of the Senate, the Speaker of the
  207  House of Representatives, and the Governor.
  208         Section 5. Section 420.57, Florida Statutes, is created to
  209  read:
  210         420.57Hurricane recovery programs.—
  211         (1)(a)Subject to the appropriation of funds for that
  212  purpose by the Legislature, the Hurricane Housing Recovery
  213  Program is created to provide funds to local governments for
  214  their affordable housing recovery efforts, similar to the State
  215  Housing Initiatives Partnership Program as set forth in ss.
  216  420.907-420.9079. The Florida Housing Finance Corporation shall
  217  administer the Hurricane Housing Recovery Program.
  218  Notwithstanding ss. 420.9072 and 420.9073, the Florida Housing
  219  Finance Corporation shall allocate resources to local
  220  governments according to a need-based formula that reflects
  221  housing damage estimates and population effects resulting from
  222  hurricanes. An eligible local government must submit a strategy
  223  outlining proposed recovery actions, household income levels,
  224  and the number of residential units to be served and an
  225  associated funding request. Program funds must be used to serve
  226  households with incomes of up to 120 percent of area median
  227  income, except that at least 30 percent of program funds must be
  228  reserved for households with incomes of up to 50 percent of area
  229  median income and an additional 30 percent of program funds must
  230  be reserved for households with incomes of up to 80 percent of
  231  area median income. Program funds must be used as specified for
  232  each of the following purposes:
  233         1.At least 65 percent must be used for homeownership.
  234         2.Up to 15 percent may be used for administrative expenses
  235  to ensure the expeditious use of funds.
  236         3.Up to one-quarter of 1 percent may be used by the
  237  Florida Housing Finance Corporation for compliance monitoring.
  238         (b)Each participating local government shall submit to the
  239  Florida Housing Finance Corporation an annual report on its use
  240  of funds from the Hurricane Housing Recovery Program. The
  241  corporation shall compile the reports and submit them to the
  242  President of the Senate and the Speaker of the House of
  243  Representatives.
  244         (2)(a)Subject to the appropriation of funds by the
  245  Legislature for that purpose, the Rental Recovery Loan Program
  246  is created to provide funds to build additional rental housing
  247  due to impacts to the affordable housing stock and changes to
  248  the population resulting from hurricanes. The Florida Housing
  249  Finance Corporation shall administer the program. The program is
  250  intended to allow the state to leverage additional federal
  251  rental financing similar to the State Apartment Incentive Loan
  252  Program as described in s. 420.5087.
  253         (b)Each participating local government shall submit to the
  254  Florida Housing Finance Corporation an annual report on its use
  255  of funds from the Rental Recovery Loan Program. The corporation
  256  shall compile the reports and submit them to the President of
  257  the Senate and the Speaker of the House of Representatives.
  258         (3)The Florida Housing Finance Corporation may adopt rules
  259  to administer this section.
  260         Section 6. The Department of Economic Opportunity shall
  261  include a program to repair, renovate, or replace single-family
  262  housing in any action plan submitted to the federal Department
  263  of Housing and Urban Development for use of the grant funds
  264  appropriated in response to Hurricane Michael, provided that
  265  federal guidance for the use of the funds allows such a program.
  266         Section 7. (1)The Florida Building Commission shall, in
  267  consultation with the Building Officials Association of Florida,
  268  the Florida Home Builders Association, and other stakeholders,
  269  review the effects of Hurricane Michael and make recommendations
  270  to strengthen and enhance the design, construction, and
  271  lifesafety provisions of the Florida Building Code, especially
  272  as they are applied in the Florida Panhandle. Recommendations
  273  must address at least all of the following:
  274         (a) The revision of design wind speed maps of the
  275  Panhandle, including county-specific design wind speed maps for
  276  each building risk category.
  277         (b) The effects of flood hazard designations and the flood
  278  loads and the related effects of flood depth, of velocity, of
  279  scour/erosion, and of wave/debris.
  280         (c) Storm-induced damage to power-generating stations and
  281  other public utility facilities.
  282         (d) Service disruption and building envelope breach
  283  potential for critical facilities, such as hospitals.
  284         (2) The commission shall submit a final report including
  285  its recommendations to the President of the Senate and the
  286  Speaker of the House of Representatives no later than September
  287  1, 2019.
  288         (3) This section expires December 31, 2019.
  289         Section 8. (1)Subject to the appropriation of funds by the
  290  Legislature for that purpose, there is established for the 2019
  291  2020 fiscal year a Public Facilities Hurricane Restoration Cash
  292  Flow Loan Program. Counties, municipalities, and district school
  293  boards that need assistance with cash flow in order to make
  294  timely payments to contractors and suppliers in restoring their
  295  county, municipal, or educational facilities damaged by a named
  296  hurricane or tropical storm during the 2018 hurricane season may
  297  apply to the Department of Economic Opportunity for a cash flow
  298  loan. The amount of the loan may not exceed the amount the
  299  county, municipality, or district school board needs to meet
  300  timely payments to contractors and suppliers for the restoration
  301  of damaged facilities. To be eligible for a cash flow loan, a
  302  county, municipality, or district school board must meet all of
  303  the following requirements:
  304         (a) Have one or more county, municipal, or educational
  305  facilities damaged or destroyed by a named hurricane or tropical
  306  storm during the 2018 hurricane season.
  307         (b) Have an agreement to pay contractors or suppliers for
  308  the restoration of the damaged facilities, but have insufficient
  309  cash flow to make timely payments.
  310         (c) Agree to repay, from funds received from insurance
  311  claims, Federal Emergency Management Agency payments, or other
  312  fund sources, the full amount of the funds received from the
  313  cash flow loan program.
  314         (d) Agree that if repayment is not made in a timely manner,
  315  the Department of Economic Opportunity must withhold future
  316  distribution of public capital outlay funds, or other fixed
  317  capital outlay funds, until repayment is received by the
  318  department.
  319         (2) The Department of Economic Opportunity shall provide
  320  information and instructions for applying for a cash flow loan
  321  and administer the loans in accordance with this act. The
  322  department shall distribute loan funds based on the county or
  323  municipal governing body’s or district superintendent’s
  324  certification of the amount needed for payments that are due
  325  within the following 30 days. All funds repaid shall be
  326  deposited unallocated into the Budget Stabilization Fund within
  327  30 days after receipt by the department.
  328         (3) The Division of Emergency Management shall notify the
  329  Department of Economic Opportunity when payments from the
  330  Federal Emergency Management Agency for a named hurricane or
  331  tropical storm during the 2018 hurricane season have been
  332  distributed to a county, municipality, or district school board
  333  that has received a public facilities hurricane restoration cash
  334  flow loan.
  335         Section 9. Paragraph (c) of subsection (2) and subsection
  336  (4) of section 570.82, Florida Statutes, are amended to read:
  337         570.82 Agricultural Economic Development Program disaster
  338  loans and grants and aid.—
  339         (2) ELIGIBLE CROPS.—Crops eligible for the emergency loan
  340  program include:
  341         (c) Crops grown for fiber, except for trees.
  342         (4) LOAN APPLICATION.—In order to qualify for a loan under
  343  this section, an applicant must submit an application to the
  344  department within 90 days after the date the natural disaster or
  345  socioeconomic condition or event occurs or the crop damage
  346  becomes apparent. However, for applicants applying for a loan
  347  under this section related to the effects of Hurricane Michael
  348  that occurred in 2018, an applicant must submit an application
  349  to the department by December 1, 2019. An applicant must be a
  350  citizen of the United States and a bona fide resident of the
  351  state and must also demonstrate the need for economic assistance
  352  and demonstrate that he or she has the ability to repay the
  353  loan.
  354         Section 10. (1) This section applies only to school
  355  districts in Holmes, Washington, Bay, Jackson, Calhoun, Gulf,
  356  Liberty, Gadsden, Franklin, Wakulla, Leon, and Taylor Counties.
  357         (2) For the school districts specified within this section,
  358  the statewide, standardized assessment requirements for a
  359  standard high school diploma for grade 12 high school students
  360  in their senior year during the 2018-2019 school year are
  361  waived. Any grade 12 high school student who is in his or her
  362  senior year during the 2018-2019 school year and who has met the
  363  18 or 24 credit and 2.0 GPA requirements as provided in s.
  364  1003.4282, Florida Statutes, must be granted a standard high
  365  school diploma by his or her respective school.
  366         (3)For the school districts specified within this section,
  367  the statewide, standardized assessment for grade 3 promotion for
  368  the 2018-2019 school year is waived. The promotion of grade 3
  369  students must be based on the preponderance of the evidence
  370  through measures determined by each school district.
  371         (4) For the school districts specified within this section,
  372  school grades, as established in s. 1008.34, Florida Statutes,
  373  for the 2018-2019 school year must be calculated and released
  374  for informational purposes only. School districts shall be held
  375  harmless from any liability for the release of grades for
  376  informational purposes only. School grades for the 2018-2019
  377  school year must be based on student enrollment for Surveys 2
  378  and 3 match files.
  379         (5) The Legislature finds that, because of the catastrophic
  380  nature of Hurricane Michael, families in school districts under
  381  this section are displaced, and the loss of housing has
  382  drastically changed the mobility of students. The Legislature
  383  also finds that, until students’ housing arrangements stabilize,
  384  no method exists to capture an accurate assessment of a school’s
  385  performance in the school districts. Further, the Legislature
  386  finds that the enrollment of students for the survey request
  387  files will be a small representation of school district
  388  performance and not a true measurement of performance.
  389         Section 11. Subsection (6) is added to section 1008.33,
  390  Florida Statutes, to read:
  391         1008.33 Authority to enforce public school improvement.—
  392         (6) Upon the effective date of this act, the department
  393  shall suspend the administration of its duties and obligations
  394  under subsection (3) for the remainder of the 2018-2019 school
  395  year and for the 2019-2020 school year for school districts in
  396  Holmes, Washington, Bay, Jackson, Calhoun, Gulf, Liberty,
  397  Gadsden, Franklin, Wakulla, Leon, and Taylor Counties. This
  398  subsection expires on July 1, 2020.
  399         Section 12. The Division of Law Revision is directed to
  400  replace the phrase “the effective date of this act” wherever it
  401  occurs in this act with the date this act becomes a law.
  402         Section 13. This act shall take effect upon becoming a law.