Florida Senate - 2020 CS for SB 502
By the Committee on Infrastructure and Security; and Senators
Montford, Gainer, and Broxson
596-03410-20 2020502c1
1 A bill to be entitled
2 An act relating to emergency mitigation and response;
3 establishing the Hurricane Michael Recovery Task Force
4 adjunct to the Division of Emergency Management to
5 make recommendations to the Legislature regarding
6 additional assistance needed in the response to
7 recovery from and mitigation of the effects of
8 Hurricane Michael in certain areas; requiring the task
9 force to review the local, state, and federal
10 activities conducted and the resources provided in
11 such areas, the effectiveness of such efforts, and any
12 additional assistance necessary; providing for the
13 membership of the task force; providing requirements
14 for and restrictions on membership; providing for
15 certain reimbursement; requiring the task force to
16 report its findings and to make specified
17 recommendations to the Legislature and the Governor by
18 a specified date; providing for dissolution of the
19 task force by a specified date; providing an
20 appropriation to the Division of Emergency Management
21 from the General Revenue Fund to prepare an after
22 action report on the shelter operations that took
23 place during Hurricane Michael, subject to certain
24 requirements; requiring that the report be submitted
25 to the Legislature and the Governor by a specified
26 date; providing an appropriation to the Office of
27 Program Policy Analysis and Government Accountability
28 from the General Revenue Fund to contract with a third
29 party for the evaluation of the reimbursement process
30 of the Division of Emergency Management with respect
31 to requests for reimbursement under federal disaster
32 programs, subject to certain requirements; requiring
33 that the report be submitted to the Legislature by a
34 specified date; creating s. 420.57, F.S.; subject to
35 the appropriation of funds, creating the Hurricane
36 Housing Recovery Program to provide funds to local
37 governments for certain affordable housing recovery
38 efforts; requiring that the Florida Housing Finance
39 Corporation administer the program and allocate
40 resources to local governments that meet certain
41 criteria; specifying requirements for receiving and
42 using funds; requiring participating local governments
43 to submit a certain annual report to the corporation;
44 requiring the corporation to compile the reports and
45 submit them to the Legislature and the Governor;
46 subject to the appropriation of funds, creating the
47 Rental Recovery Loan Program to provide funds to build
48 additional rental housing due to specified impacts;
49 requiring the corporation to administer the program;
50 providing intent for the program; requiring
51 participating local governments to submit a certain
52 annual report to the corporation; requiring the
53 corporation to compile the reports and submit them to
54 the Legislature and the Governor; authorizing the
55 corporation to adopt rules; creating the Public
56 Facilities Hurricane Restoration Cash Flow Loan
57 Program for the purpose of assisting counties,
58 municipalities, and district school boards in making
59 timely payments in restoring certain facilities;
60 providing eligibility requirements for receiving a
61 cash flow loan; requiring that the Department of
62 Economic Opportunity provide certain information and
63 instructions, administer the loans, distribute loan
64 funds, and deposit repaid funds into the Budget
65 Stabilization Fund, subject to certain requirements;
66 requiring the Division of Emergency Management to
67 notify the Department of Economic Opportunity when
68 certain federal payments have been distributed;
69 providing an effective date.
70
71 Be It Enacted by the Legislature of the State of Florida:
72
73 Section 1. The Hurricane Michael Recovery Task Force, a
74 task force as defined in s. 20.03, Florida Statutes, is
75 established adjunct to the Division of Emergency Management to
76 make recommendations to the Legislature regarding additional
77 assistance needed in the response to the recovery from, and the
78 mitigation of the effects of, Hurricane Michael in the areas
79 designated in the federal disaster declaration DR-4399. The task
80 force shall review the local, state, and federal activities
81 conducted and the resources provided in such areas, the
82 effectiveness of such efforts, and any additional assistance
83 necessary.
84 (1) The task force must consist of the following seven
85 members:
86 (a) One member representing the business community, who
87 shall serve as chair, appointed by the Governor.
88 (b) One member representing agricultural interests,
89 appointed by the commissioner of the Department of Agriculture
90 and Consumer Services.
91 (c) One member representing the fishing industry, appointed
92 by the Fish and Wildlife Conservation Commission.
93 (d) One member representing emergency response, appointed
94 by the director of the Division of Emergency Management.
95 (e) One member representing housing interests, appointed by
96 the executive director of the Department of Economic
97 Opportunity.
98 (f) One public school superintendent representing education
99 interests, appointed by the Commissioner of Education.
100 (g) One county commissioner representing local government
101 interests, appointed by the Governor.
102 (2) Members shall serve at the pleasure of their appointing
103 official. Any vacancy must be filled in the same manner as the
104 original appointment. A member of the Legislature or a
105 registered lobbyist may not be appointed to the task force.
106 Members shall serve without compensation, but are entitled to
107 reimbursement of travel and per diem expenses pursuant to s.
108 112.061, Florida Statutes, in the performance of their duties
109 and responsibilities under this section.
110 (3) The task force shall report its findings and make
111 specific recommendations for further response, recovery, and
112 mitigation to the President of the Senate, the Speaker of the
113 House of Representatives, and the Governor by December 15, 2020.
114 The task force is dissolved not later than May 15, 2021.
115 Section 2. For the 2020-2021 fiscal year, the sum of
116 $85,000 in nonrecurring funds from the General Revenue Fund is
117 appropriated to the Division of Emergency Management to prepare
118 an after-action report on the shelter operations that took place
119 during Hurricane Michael. The division shall examine the latest
120 available statewide emergency shelter plan prepared pursuant to
121 ss. 252.385 and 1013.372, Florida Statutes, to determine, based
122 on the number of people who evacuated during Hurricane Michael,
123 whether there is sufficient capacity of general population
124 hurricane evacuation shelter space and of special needs
125 hurricane evacuation shelter space in the applicable regional
126 planning council regions. The report must include basic
127 information for each shelter activated during Hurricane Michael,
128 including the shelter type (general population, special needs,
129 or pet friendly), name, address, and maximum occupant capacity.
130 Additionally, the report must provide functional data for each
131 shelter, including the number of persons served at each shelter
132 throughout the event, the timeline for opening and closing each
133 shelter, and whether each shelter had sufficient staff,
134 security, transportation, equipment, lavatories, sanitation,
135 feeding capabilities, capacity, and standby or emergency power.
136 The report also must identify any unmet needs at each shelter
137 and must indicate whether each shelter met or exceeded the
138 American Red Cross Standards for Hurricane Evacuation Shelter
139 Selection (ARC 4496). Finally, the report must identify any
140 shelter not activated for Hurricane Michael and the basis for
141 the determination not to activate it, such as the inability of
142 the shelter to withstand a certain level hurricane impact. The
143 report must be completed and presented to the President of the
144 Senate, the Speaker of the House of Representatives, and the
145 Governor by December 15, 2020.
146 Section 3. For the 2020-2021 fiscal year, the sum of
147 $500,000 in nonrecurring funds from the General Revenue Fund is
148 appropriated to the Office of Program Policy Analysis and
149 Government Accountability to contract with a third party for the
150 evaluation of the reimbursement process of the Division of
151 Emergency Management with respect to requests for reimbursement
152 under federal disaster programs. At a minimum, the study must
153 make recommendations for process improvements or changes that
154 increase transparency for entities seeking reimbursement, create
155 efficiency in processing claims for reimbursement, and reduce
156 the time between the impact of a storm and the ultimate
157 reimbursement from the federal government. The report must be
158 completed and submitted to the President of the Senate and
159 Speaker of the House of Representatives by January 30, 2021.
160 Section 4. Section 420.57, Florida Statutes, is created to
161 read:
162 420.57 Hurricane recovery programs.—
163 (1)(a) Subject to the appropriation of funds for that
164 purpose by the Legislature, the Hurricane Housing Recovery
165 Program is created to provide funds to local governments for
166 affordable housing recovery efforts, similar to the State
167 Housing Initiatives Partnership Program as set forth in ss.
168 420.907-420.9079. The Florida Housing Finance Corporation shall
169 administer the program. Notwithstanding ss. 420.9072 and
170 420.9073, the corporation shall allocate resources to local
171 governments according to a need-based formula that reflects
172 housing damage estimates and population effects resulting from
173 hurricanes. An eligible local government must submit a strategy
174 outlining proposed recovery actions, household income levels,
175 and the number of residential units to be served and an
176 associated funding request. Program funds must be used to serve
177 households with incomes of up to 120 percent of area median
178 income, except that at least 30 percent of program funds must be
179 reserved for households with incomes of up to 50 percent of area
180 median income and an additional 30 percent of program funds must
181 be reserved for households with incomes of up to 80 percent of
182 area median income. Program funds must be used as specified for
183 each of the following purposes:
184 1. At least 65 percent must be used for homeownership.
185 2. Up to 15 percent may be used for administrative expenses
186 to ensure the expeditious use of funds.
187 3. Up to one-quarter of 1 percent may be used by the
188 corporation for compliance monitoring.
189 (b) Each participating local government shall submit to the
190 corporation an annual report on its use of funds from the
191 Hurricane Housing Recovery Program. The corporation shall
192 compile the reports and submit them to the President of the
193 Senate, the Speaker of the House of Representatives, and the
194 Governor.
195 (2)(a) Subject to the appropriation of funds by the
196 Legislature for that purpose, the Rental Recovery Loan Program
197 is created to provide funds to build additional rental housing
198 due to impacts to the affordable housing stock and changes to
199 the population resulting from hurricanes. The corporation shall
200 administer the program. The program is intended to allow the
201 state to leverage additional federal rental financing similar to
202 the State Apartment Incentive Loan Program as described in s.
203 420.5087.
204 (b) Each participating local government shall submit to the
205 corporation an annual report on its use of funds from the Rental
206 Recovery Loan Program. The corporation shall compile the reports
207 and submit them to the President of the Senate, the Speaker of
208 the House of Representatives, and the Governor.
209 (3) The corporation may adopt rules to administer this
210 section.
211 Section 5. (1) There is established for the 2020-2021
212 fiscal year a Public Facilities Hurricane Restoration Cash Flow
213 Loan Program. Counties, municipalities, and district school
214 boards that need assistance with cash flow in order to make
215 timely payments to contractors and suppliers in restoring
216 county, municipal, or educational facilities damaged by a named
217 hurricane or tropical storm during the 2018 hurricane season may
218 apply to the Department of Economic Opportunity for a cash flow
219 loan. The amount of the loan may not exceed the amount the
220 county, municipality, or district school board needs to meet
221 timely payments to contractors and suppliers for the restoration
222 of damaged facilities. To be eligible for a cash flow loan, a
223 county, municipality, or district school board must meet all of
224 the following requirements:
225 (a) Have one or more county, municipal, or educational
226 facilities damaged or destroyed by a named hurricane or tropical
227 storm during the 2018 hurricane season.
228 (b) Have an agreement to pay contractors or suppliers for
229 the restoration of the damaged facilities, but have insufficient
230 cash flow to make timely payments.
231 (c) Agree to repay, from funds received from insurance
232 claims, Federal Emergency Management Agency payments, or other
233 fund sources, the full amount of the funds received from the
234 cash flow loan program.
235 (d) Agree that if repayment is not made in a timely manner,
236 the Department of Economic Opportunity must withhold future
237 distribution of public capital outlay funds, or other fixed
238 capital outlay funds, until repayment is received by the
239 department.
240 (2) The Department of Economic Opportunity shall provide
241 information and instructions for applying for a cash flow loan
242 and administer the loans in accordance with this act. The
243 department shall distribute loan funds based on the county or
244 municipal governing body’s or district superintendent’s
245 certification of the amount needed for payments that are due
246 within the following 30 days. All funds repaid must be deposited
247 unallocated into the Budget Stabilization Fund within 30 days
248 after receipt by the department.
249 (3) The Division of Emergency Management shall notify the
250 Department of Economic Opportunity when payments from the
251 Federal Emergency Management Agency for a named hurricane or
252 tropical storm during the 2018 hurricane season have been
253 distributed to a county, municipality, or district school board
254 that has received a public facilities hurricane restoration cash
255 flow loan.
256 Section 6. This act shall take effect upon becoming a law.