Bill Text: FL S0502 | 2020 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Emergency Mitigation and Response

Spectrum: Bipartisan Bill

Status: (Failed) 2020-03-14 - Died in Appropriations Subcommittee on Transportation, Tourism, and Economic Development [S0502 Detail]

Download: Florida-2020-S0502-Introduced.html

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       Florida Senate - 2020                                     SB 502
       
       
        
       By Senator Montford
       
       
       
       
       
       3-00494A-20                                            2020502__
    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; providing an appropriation to the
   35         Division of Emergency Management from the General
   36         Revenue Fund to competitively procure a consultant to
   37         make recommendations for the update of the statewide
   38         and regional hurricane evacuation studies, subject to
   39         certain requirements; requiring that the report be
   40         submitted to the Legislature and Governor by a
   41         specified date; creating s. 420.57, F.S.; subject to
   42         the appropriation of funds, creating the Hurricane
   43         Housing Recovery Program to provide funds to local
   44         governments for certain affordable housing recovery
   45         efforts; requiring that the Florida Housing Finance
   46         Corporation administer the program and allocate
   47         resources to local governments that meet certain
   48         criteria; specifying requirements for receiving and
   49         using funds; requiring participating local governments
   50         to submit a certain annual report to the corporation;
   51         requiring the corporation to compile the reports and
   52         submit them to the Legislature and the Governor;
   53         subject to the appropriation of funds, creating the
   54         Rental Recovery Loan Program to provide funds to build
   55         additional rental housing due to specified impacts;
   56         requiring the corporation to administer the program;
   57         providing intent for the program; requiring
   58         participating local governments to submit a certain
   59         annual report to the corporation; requiring the
   60         corporation to compile the reports and submit them to
   61         the Legislature and the Governor; authorizing the
   62         corporation to adopt rules; creating the Public
   63         Facilities Hurricane Restoration Cash Flow Loan
   64         Program for the purpose of assisting counties,
   65         municipalities, and district school boards in making
   66         timely payments in restoring certain facilities;
   67         providing eligibility requirements for receiving a
   68         cash flow loan; requiring that the Department of
   69         Economic Opportunity provide certain information and
   70         instructions, administer the loans, distribute loan
   71         funds, and deposit repaid funds into the Budget
   72         Stabilization Fund, subject to certain requirements;
   73         requiring the Division of Emergency Management to
   74         notify the Department of Economic Opportunity when
   75         certain federal payments have been distributed;
   76         providing an effective date.
   77          
   78  Be It Enacted by the Legislature of the State of Florida:
   79  
   80         Section 1. The Hurricane Michael Recovery Task Force, a
   81  task force as defined in s. 20.03, Florida Statutes, is
   82  established adjunct to the Division of Emergency Management to
   83  make recommendations to the Legislature regarding additional
   84  assistance needed in the response to the recovery from, and the
   85  mitigation of the effects of, Hurricane Michael in the areas
   86  designated in the federal disaster declaration DR-4399. The task
   87  force shall review the local, state, and federal activities
   88  conducted and the resources provided in such areas, the
   89  effectiveness of such efforts, and any additional assistance
   90  necessary.
   91         (1) The task force must consist of the following seven
   92  members:
   93         (a) One member representing the business community, who
   94  shall serve as chair, appointed by the Governor.
   95         (b) One member representing agricultural interests,
   96  appointed by the commissioner of the Department of Agriculture
   97  and Consumer Services.
   98         (c) One member representing the fishing industry, appointed
   99  by the Fish and Wildlife Conservation Commission.
  100         (d) One member representing emergency response, appointed
  101  by the director of the Division of Emergency Management.
  102         (e) One member representing housing interests, appointed by
  103  the executive director of the Department of Economic
  104  Opportunity.
  105         (f) One public school superintendent representing education
  106  interests, appointed by the Commissioner of Education.
  107         (g) One county commissioner representing local government
  108  interests, appointed by the Governor.
  109         (2) Members shall serve at the pleasure of their appointing
  110  official. Any vacancy must be filled in the same manner as the
  111  original appointment. A member of the Legislature or a
  112  registered lobbyist may not be appointed to the task force.
  113  Members shall serve without compensation, but are entitled to
  114  reimbursement of travel and per diem expenses pursuant to s.
  115  112.061, Florida Statutes, in the performance of their duties
  116  and responsibilities under this section.
  117         (3) The task force shall report its findings and make
  118  specific recommendations for further response, recovery, and
  119  mitigation to the President of the Senate, the Speaker of the
  120  House of Representatives, and the Governor by December 15, 2020.
  121  The task force is dissolved not later than May 15, 2021.
  122         Section 2. For the 2020-2021 fiscal year, the sum of
  123  $85,000 in nonrecurring funds from the General Revenue Fund is
  124  appropriated to the Division of Emergency Management to prepare
  125  an after-action report on the shelter operations that took place
  126  during Hurricane Michael. The division shall examine the latest
  127  available statewide emergency shelter plan prepared pursuant to
  128  ss. 252.385 and 1013.372, Florida Statutes, to determine, based
  129  on the number of people who evacuated during Hurricane Michael,
  130  whether there is sufficient capacity of general population
  131  hurricane evacuation shelter space and of special needs
  132  hurricane evacuation shelter space in the applicable regional
  133  planning council regions. The report must include basic
  134  information for each shelter activated during Hurricane Michael,
  135  including the shelter type (general population, special needs,
  136  or pet friendly), name, address, and maximum occupant capacity.
  137  Additionally, the report must provide functional data for each
  138  shelter, including the number of persons served at each shelter
  139  throughout the event, the timeline for opening and closing each
  140  shelter, and whether each shelter had sufficient staff,
  141  security, transportation, equipment, lavatories, sanitation,
  142  feeding capabilities, capacity, and standby or emergency power.
  143  The report also must identify any unmet needs at each shelter
  144  and must indicate whether each shelter met or exceeded the
  145  American Red Cross Standards for Hurricane Evacuation Shelter
  146  Selection (ARC 4496). Finally, the report must identify any
  147  shelter not activated for Hurricane Michael and the basis for
  148  the determination not to activate it, such as the inability of
  149  the shelter to withstand a certain level hurricane impact. The
  150  report must be completed and presented to the President of the
  151  Senate, the Speaker of the House of Representatives, and the
  152  Governor by December 15, 2020.
  153         Section 3. For the 2020-2021 fiscal year, the sum of
  154  $500,000 in nonrecurring funds from the General Revenue Fund is
  155  appropriated to the Office of Program Policy Analysis and
  156  Government Accountability to contract with a third party for the
  157  evaluation of the reimbursement process of the Division of
  158  Emergency Management with respect to requests for reimbursement
  159  under federal disaster programs. At a minimum, the study must
  160  make recommendations for process improvements or changes that
  161  increase transparency for entities seeking reimbursement, create
  162  efficiency in processing claims for reimbursement, and reduce
  163  the time between the impact of a storm and the ultimate
  164  reimbursement from the federal government. The report must be
  165  completed and submitted to the President of the Senate and
  166  Speaker of the House of Representatives by January 30, 2021.
  167         Section 4. For the 2020-2021 fiscal year, the sum of
  168  $500,000 in nonrecurring funds from the General Revenue Fund is
  169  appropriated to the Division of Emergency Management to
  170  competitively procure a consultant to make recommendations for
  171  the update of the statewide and regional hurricane evacuation
  172  studies. The consultant must recommend consistent manners and
  173  methodologies to be used in the evacuation studies, including
  174  the modeling of storm surge. The consultant must coordinate with
  175  emergency management partners and the regional planning
  176  councils. A report of the findings and recommendations must be
  177  completed and submitted to the President of the Senate, the
  178  Speaker of the House of Representatives, and the Governor by
  179  December 15, 2020.
  180         Section 5. Section 420.57, Florida Statutes, is created to
  181  read:
  182         420.57 Hurricane recovery programs.—
  183         (1)(a) Subject to the appropriation of funds for that
  184  purpose by the Legislature, the Hurricane Housing Recovery
  185  Program is created to provide funds to local governments for
  186  affordable housing recovery efforts, similar to the State
  187  Housing Initiatives Partnership Program as set forth in ss.
  188  420.907-420.9079. The Florida Housing Finance Corporation shall
  189  administer the program. Notwithstanding ss. 420.9072 and
  190  420.9073, the corporation shall allocate resources to local
  191  governments according to a need-based formula that reflects
  192  housing damage estimates and population effects resulting from
  193  hurricanes. An eligible local government must submit a strategy
  194  outlining proposed recovery actions, household income levels,
  195  and the number of residential units to be served and an
  196  associated funding request. Program funds must be used to serve
  197  households with incomes of up to 120 percent of area median
  198  income, except that at least 30 percent of program funds must be
  199  reserved for households with incomes of up to 50 percent of area
  200  median income and an additional 30 percent of program funds must
  201  be reserved for households with incomes of up to 80 percent of
  202  area median income. Program funds must be used as specified for
  203  each of the following purposes:
  204         1. At least 65 percent must be used for homeownership.
  205         2. Up to 15 percent may be used for administrative expenses
  206  to ensure the expeditious use of funds.
  207         3. Up to one-quarter of 1 percent may be used by the
  208  corporation for compliance monitoring.
  209         (b) Each participating local government shall submit to the
  210  corporation an annual report on its use of funds from the
  211  Hurricane Housing Recovery Program. The corporation shall
  212  compile the reports and submit them to the President of the
  213  Senate, the Speaker of the House of Representatives, and the
  214  Governor.
  215         (2)(a) Subject to the appropriation of funds by the
  216  Legislature for that purpose, the Rental Recovery Loan Program
  217  is created to provide funds to build additional rental housing
  218  due to impacts to the affordable housing stock and changes to
  219  the population resulting from hurricanes. The corporation shall
  220  administer the program. The program is intended to allow the
  221  state to leverage additional federal rental financing similar to
  222  the State Apartment Incentive Loan Program as described in s.
  223  420.5087.
  224         (b) Each participating local government shall submit to the
  225  corporation an annual report on its use of funds from the Rental
  226  Recovery Loan Program. The corporation shall compile the reports
  227  and submit them to the President of the Senate, the Speaker of
  228  the House of Representatives, and the Governor.
  229         (3) The corporation may adopt rules to administer this
  230  section.
  231         Section 6. (1) There is established for the 2020-2021
  232  fiscal year a Public Facilities Hurricane Restoration Cash Flow
  233  Loan Program. Counties, municipalities, and district school
  234  boards that need assistance with cash flow in order to make
  235  timely payments to contractors and suppliers in restoring
  236  county, municipal, or educational facilities damaged by a named
  237  hurricane or tropical storm during the 2018 hurricane season may
  238  apply to the Department of Economic Opportunity for a cash flow
  239  loan. The amount of the loan may not exceed the amount the
  240  county, municipality, or district school board needs to meet
  241  timely payments to contractors and suppliers for the restoration
  242  of damaged facilities. To be eligible for a cash flow loan, a
  243  county, municipality, or district school board must meet all of
  244  the following requirements:
  245         (a) Have one or more county, municipal, or educational
  246  facilities damaged or destroyed by a named hurricane or tropical
  247  storm during the 2018 hurricane season.
  248         (b) Have an agreement to pay contractors or suppliers for
  249  the restoration of the damaged facilities, but have insufficient
  250  cash flow to make timely payments.
  251         (c) Agree to repay, from funds received from insurance
  252  claims, Federal Emergency Management Agency payments, or other
  253  fund sources, the full amount of the funds received from the
  254  cash flow loan program.
  255         (d) Agree that if repayment is not made in a timely manner,
  256  the Department of Economic Opportunity must withhold future
  257  distribution of public capital outlay funds, or other fixed
  258  capital outlay funds, until repayment is received by the
  259  department.
  260         (2) The Department of Economic Opportunity shall provide
  261  information and instructions for applying for a cash flow loan
  262  and administer the loans in accordance with this act. The
  263  department shall distribute loan funds based on the county or
  264  municipal governing body’s or district superintendent’s
  265  certification of the amount needed for payments that are due
  266  within the following 30 days. All funds repaid must be deposited
  267  unallocated into the Budget Stabilization Fund within 30 days
  268  after receipt by the department.
  269         (3) The Division of Emergency Management shall notify the
  270  Department of Economic Opportunity when payments from the
  271  Federal Emergency Management Agency for a named hurricane or
  272  tropical storm during the 2018 hurricane season have been
  273  distributed to a county, municipality, or district school board
  274  that has received a public facilities hurricane restoration cash
  275  flow loan.
  276         Section 7. This act shall take effect upon becoming a law.