Bill Text: FL S0502 | 2020 | Regular Session | Comm Sub

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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-Comm_Sub.html

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       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.