Bill Text: FL S1006 | 2018 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Disaster Response and Preparedness
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Failed) 2018-03-10 - Died in Appropriations Subcommittee on Transportation, Tourism, and Economic Development [S1006 Detail]
Download: Florida-2018-S1006-Introduced.html
Bill Title: Disaster Response and Preparedness
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Failed) 2018-03-10 - Died in Appropriations Subcommittee on Transportation, Tourism, and Economic Development [S1006 Detail]
Download: Florida-2018-S1006-Introduced.html
Florida Senate - 2018 SB 1006 By Senator Montford 3-00575B-18 20181006__ 1 A bill to be entitled 2 An act relating to disaster response and preparedness; 3 amending s. 252.34, F.S.; defining the term “comfort 4 animal”; amending s. 252.35, F.S.; modifying 5 requirements for the state comprehensive emergency 6 management plan and statewide public awareness 7 programs administered by the Division of Emergency 8 Management; requiring the division to provide certain 9 guidance to entities to ensure the receipt of maximum 10 allowable reimbursements from the Federal Government 11 for disaster-related expenditures; amending s. 12 252.355, F.S.; authorizing any individual to bring a 13 service animal or comfort animal to a special needs 14 shelter; creating s. 252.3551, F.S.; requiring the 15 division to establish and maintain a registry with 16 homeless shelters and service providers for specified 17 purposes; amending s. 252.3568, F.S.; revising 18 requirements for the development of strategies 19 regarding the sheltering of persons with service 20 animals or comfort animals; requiring the division to 21 develop informational materials regarding the 22 acceptance of pets, service animals, and comfort 23 animals at shelters; amending s. 252.38, F.S.; 24 requiring that, upon the request of the director of a 25 local emergency management agency, Florida College 26 System institutions and state universities participate 27 in emergency management activities through the 28 provision of facilities and personnel; requiring 29 Florida College System institutions and state 30 universities that provide transportation assistance in 31 an emergency evacuation to coordinate the use of 32 vehicles and personnel with local emergency management 33 agencies; amending s. 252.385, F.S.; updating 34 references to community colleges; amending s. 1008.34, 35 F.S., and reenacting and amending subsection (1); 36 defining the term “eligible student”; excluding from 37 the calculation of certain components of a school’s 38 grade the performance of certain students who have 39 recently arrived from a United States territory where 40 an emergency has been declared due to a natural 41 disaster; amending s. 1011.60, F.S.; providing an 42 exception to the prohibition against a school 43 district’s payment of salary to an employee in advance 44 of rendering of services; amending ss. 163.360, 45 474.2125, and 627.659, F.S.; conforming cross 46 references; providing an effective date. 47 48 Be It Enacted by the Legislature of the State of Florida: 49 50 Section 1. Present subsections (2) through (10) of section 51 252.34, Florida Statutes, are renumbered as subsections (3) 52 through (11), respectively, and a new subsection (2) is added to 53 that section, to read: 54 252.34 Definitions.—As used in this part, the term: 55 (2) “Comfort animal” means an animal, other than a pet or a 56 service animal, which provides emotional support to help improve 57 the physical, social, emotional, and cognitive condition of an 58 individual. 59 Section 2. Paragraphs (a) and (i) of subsection (2) of 60 section 252.35, Florida Statutes, are amended, present paragraph 61 (y) of that subsection is redesignated as paragraph (z), and a 62 new paragraph (y) is added to that subsection, to read: 63 252.35 Emergency management powers; Division of Emergency 64 Management.— 65 (2) The division is responsible for carrying out the 66 provisions of ss. 252.31-252.90. In performing its duties, the 67 division shall: 68 (a) Prepare a state comprehensive emergency management 69 plan, which shall be integrated into and coordinated with the 70 emergency management plans and programs of the Federal 71 Government. The division must adopt the plan as a rule in 72 accordance with chapter 120. The plan shall be implemented by a 73 continuous, integrated comprehensive emergency management 74 program. The plan must contain provisions to ensure that the 75 state is prepared for emergencies and minor, major, and 76 catastrophic disasters, and the division shall work closely with 77 local governments and agencies and organizations with emergency 78 management responsibilities in preparing and maintaining the 79 plan. The state comprehensive emergency management plan shall be 80 operations oriented and: 81 1. Include an evacuation component that includes specific 82 regional and interregional planning provisions and promotes 83 intergovernmental coordination of evacuation activities. This 84 component must, at a minimum: contain guidelines for lifting 85 tolls on state highways; ensure coordination pertaining to 86 evacuees crossing county lines; set forth procedures for 87 directing people caught on evacuation routes to safe shelter; 88 establish strategies for ensuring sufficient, reasonably priced 89 fueling locations along evacuation routes; and establish 90 policies and strategies for emergency medical evacuations. 91 2. Include a shelter component that includes specific 92 regional and interregional planning provisions and promotes 93 coordination of shelter activities between the public, private, 94 and nonprofit sectors. This component must, at a minimum: 95 contain strategies to ensure the availability of adequate public 96 shelter space in each region of the state; establish strategies 97 for refuge-of-last-resort programs; provide strategies to assist 98 local emergency management efforts to ensure that adequate 99 staffing plans exist for all shelters, including medical and 100 security personnel; provide for a postdisaster communications 101 system for public shelters; establish model shelter guidelines 102 for operations, registration, inventory, power generation 103 capability, information management, and staffing; and set forth 104 policy guidance for sheltering people with special needs, people 105 with mental illness, and homeless individuals. 106 3. Include a postdisaster response and recovery component 107 that includes specific regional and interregional planning 108 provisions and promotes intergovernmental coordination of 109 postdisaster response and recovery activities. This component 110 must provide for postdisaster response and recovery strategies 111 according to whether a disaster is minor, major, or 112 catastrophic. The postdisaster response and recovery component 113 must, at a minimum: establish the structure of the state’s 114 postdisaster response and recovery organization; establish 115 procedures for activating the state’s plan; set forth policies 116 used to guide postdisaster response and recovery activities; 117 describe the chain of command during the postdisaster response 118 and recovery period; describe initial and continuous 119 postdisaster response and recovery actions; identify the roles 120 and responsibilities of each involved agency and organization; 121 provide for a comprehensive communications plan; establish 122 procedures for monitoring mutual aid agreements; provide for 123 rapid impact assessment teams; ensure the availability of an 124 effective statewide urban search and rescue program coordinated 125 with the fire services; ensure the existence of a comprehensive 126 statewide medical care and relief plan administered by the 127 Department of Health; ensure the existence of a comprehensive 128 statewide plan for the safe transfer of persons with special 129 needs, persons with mental illness, and homeless individuals; 130 and establish systems for coordinating volunteers and accepting 131 and distributing donated funds and goods. 132 4. Include additional provisions addressing aspects of 133 preparedness, response, recovery, and mitigation as determined 134 necessary by the division. 135 5. Address the need for coordinated and expeditious 136 deployment of state resources, including the Florida National 137 Guard. In the case of an imminent major disaster, procedures 138 should address predeployment of the Florida National Guard, and, 139 in the case of an imminent catastrophic disaster, procedures 140 should address predeployment of the Florida National Guard and 141 the United States Armed Forces. 142 6. Establish a system of communications and warning to 143 ensure that the state’s population and emergency management 144 agencies are warned of developing emergency situations and can 145 communicate emergency response decisions. 146 7. Establish guidelines and schedules for annual exercises 147 that evaluate the ability of the state and its political 148 subdivisions to respond to minor, major, and catastrophic 149 disasters and support local emergency management agencies. Such 150 exercises shall be coordinated with local governments and, to 151 the extent possible, the Federal Government. 152 8. Assign lead and support responsibilities to state 153 agencies and personnel for emergency support functions and other 154 support activities. 155 156 The complete state comprehensive emergency management plan shall 157 be submitted to the President of the Senate, the Speaker of the 158 House of Representatives, and the Governor on February 1 of 159 every even-numbered year. 160 (i) Institute statewide public awareness programs. This 161 shall include an intensive public educational campaign on 162 emergency preparedness issues, including, but not limited to, 163 the personal responsibility of individual citizens to be self 164 sufficient for up to 72 hours following a natural or manmade 165 disaster. The public educational campaign shall include relevant 166 information on statewide disaster plans, evacuation routes, fuel 167 suppliers, and shelters. Information on shelters must address 168 the different types of shelters available, such as special needs 169 shelters and shelters that accept individuals with service 170 animals, comfort animals, or pets. All educational materials 171 must be available in alternative formats and mediums to ensure 172 that they are available to persons with disabilities. 173 (y) Provide guidance regarding procedures and required 174 documentation to any entity entitled to receive reimbursements 175 for disaster-related expenditures from the Federal Emergency 176 Management Agency in order to ensure that such entities receive 177 the maximum allowable reimbursements. 178 Section 3. Subsection (3) of section 252.355, Florida 179 Statutes, is amended to read: 180 252.355 Registry of persons with special needs; notice; 181 registration program.— 182 (3) An individualA person with special needsmust be 183 allowed to bring his or her service animal into a special needs 184 shelter in accordance with s. 413.08 or to bring his or her 185 comfort animal. 186 Section 4. Section 252.3551, Florida Statutes, is created 187 to read: 188 252.3551 Registry for homeless shelters and service 189 providers.—The division, in coordination with each local 190 emergency management agency in the state, shall establish and 191 maintain a registry with each homeless shelter and homeless 192 service provider in the state. The purpose of the registry is to 193 help determine the number of homeless individuals that may need 194 assistance or shelter during an evacuation. 195 Section 5. Section 252.3568, Florida Statutes, is amended 196 to read: 197 252.3568 Emergency sheltering of persons with pets.— 198 (1) In accordance with s. 252.35, the division shall 199 address strategies for the evacuation of persons with pets in 200 the shelter component of the state comprehensive emergency 201 management plan and shall include the requirement for similar 202 strategies in its standards and requirements for local 203 comprehensive emergency management plans. The strategies must 204 include procedures for the sheltering of persons who have 205 service animals or comfort animals. The Department of 206 Agriculture and Consumer Services shall assist the division in 207 determining strategies regarding this activity. 208 (2) The division shall inform the public regarding policies 209 governing the acceptance of pets, service animals, and comfort 210 animals at shelters by developing informational materials that 211 may be distributed at veterinary offices, public or private 212 animal shelters, humane organizations, and any other appropriate 213 locations. 214 Section 6. Paragraph (d) of subsection (1) of section 215 252.38, Florida Statutes, is amended to read: 216 252.38 Emergency management powers of political 217 subdivisions.—Safeguarding the life and property of its citizens 218 is an innate responsibility of the governing body of each 219 political subdivision of the state. 220 (1) COUNTIES.— 221 (d) During a declared state or local emergency and upon the 222 request of the director of a local emergency management agency, 223 the district school board or school boards, Florida College 224 System institutions, and state universities in the affected area 225 shall participate in emergency management by providing 226 facilities and necessary personnel to staff such facilities. 227 Each school board, Florida College System institution, and state 228 university providing transportation assistance in an emergency 229 evacuation shall coordinate the use of its vehicles and 230 personnel with the local emergency management agency. 231 Section 7. Paragraph (a) of subsection (2) and paragraph 232 (a) of subsection (4) of section 252.385, Florida Statutes, are 233 amended to read: 234 252.385 Public shelter space.— 235 (2)(a) The division shall administer a program to survey 236 existing schools, state universities, Florida College System 237 institutionscommunity colleges, and other state-owned, 238 municipally owned, and county-owned public buildings and any 239 private facility that the owner, in writing, agrees to provide 240 for use as a public hurricane evacuation shelter to identify 241 those that are appropriately designed and located to serve as 242 such shelters. The owners of the facilities must be given the 243 opportunity to participate in the surveys. The state university 244 boards of trustees, district school boards, Florida College 245 System institutioncommunity collegeboards of trustees, andthe246 Department of Education are responsible for coordinating and 247 implementing the survey of public schools, state universities, 248 and Florida College System institutionscommunity collegeswith 249 the division or the local emergency management agency. 250 (4)(a) Public facilities, including schools, postsecondary 251 education facilities, and other facilities owned or leased by 252 the state or local governments, but excluding hospitals, hospice 253 care facilities, assisted living facilities, and nursing homes, 254 which are suitable for use as public hurricane evacuation 255 shelters shall be made available at the request of the local 256 emergency management agencies. The local emergency management 257 agency shall coordinate with these entities to ensure that 258 designated facilities are ready to activate prior to a specific 259 hurricane or disaster. Such agencies shall coordinate with the 260 appropriate school board, state university, Florida College 261 System institutioncommunity college, state agency, or local 262 governing board when requesting the use of such facilities as 263 public hurricane evacuation shelters. 264 Section 8. Subsection (1) of section 1008.34, Florida 265 Statutes, is reenacted and amended, and subsection (3) of that 266 section is amended, to read: 267 1008.34 School grading system; school report cards; 268 district grade.— 269 (1) DEFINITIONS.—For purposes of the statewide, 270 standardized assessment program and school grading system, the 271 following terms are defined: 272 (a) “Achievement level,” “student achievement,” or 273 “achievement” describes the level of content mastery a student 274 has acquired in a particular subject as measured by a statewide, 275 standardized assessment administered pursuant to s. 276 1008.22(3)(a) and (b). There are five achievement levels. Level 277 1 is the lowest achievement level, level 5 is the highest 278 achievement level, and level 3 indicates satisfactory 279 performance. A student passes an assessment if the student 280 achieves a level 3, level 4, or level 5. For purposes of the 281 Florida Alternate Assessment administered pursuant to s. 282 1008.22(3)(c), the state board shall provide, in rule, the 283 number of achievement levels and identify the achievement levels 284 that are considered passing. 285 (b) “Eligible student” means a student who is present for 286 both Survey Period 2 and Survey Period 3 of the full-time 287 equivalent student membership surveys, not including a student 288 who is a recent arrival to the school district from the 289 Commonwealth of Puerto Rico, the United States Virgin Islands, 290 or any other territory of the United States where an emergency 291 has been declared due to a natural disaster. 292 (c) “Learning Gains,” “annual learning gains,” or “student 293 learning gains” means the degree of student learning growth 294 occurring from one school year to the next as required by state 295 board rule for purposes of calculating school grades under this 296 section. 297 (d)(c)“Student performance,” “student academic 298 performance,” or “academic performance” includes, but is not 299 limited to, student learning growth, achievement levels, and 300 Learning Gains on statewide, standardized assessments 301 administered pursuant to s. 1008.22. 302 (3) DESIGNATION OF SCHOOL GRADES.— 303 (b)1. Beginning with the 2014-2015 school year, a school’s 304 grade shall be based on the following components, each worth 100 305 points: 306 a. The percentage of eligible students passing statewide, 307 standardized assessments in English Language Arts under s. 308 1008.22(3). 309 b. The percentage of eligible students passing statewide, 310 standardized assessments in mathematics under s. 1008.22(3). 311 c. The percentage of eligible students passing statewide, 312 standardized assessments in science under s. 1008.22(3). 313 d. The percentage of eligible students passing statewide, 314 standardized assessments in social studies under s. 1008.22(3). 315 e. The percentage of eligible students who make Learning 316 Gains in English Language Arts as measured by statewide, 317 standardized assessments administered under s. 1008.22(3). 318 f. The percentage of eligible students who make Learning 319 Gains in mathematics as measured by statewide, standardized 320 assessments administered under s. 1008.22(3). 321 g. The percentage of eligible students in the lowest 25 322 percent in English Language Arts, as identified by prior year 323 performance on statewide, standardized assessments, who make 324 Learning Gains as measured by statewide, standardized English 325 Language Arts assessments administered under s. 1008.22(3). 326 h. The percentage of eligible students in the lowest 25 327 percent in mathematics, as identified by prior year performance 328 on statewide, standardized assessments, who make Learning Gains 329 as measured by statewide, standardized Mathematics assessments 330 administered under s. 1008.22(3). 331 i. For schools comprised of middle grades 6 through 8 or 332 grades 7 and 8, the percentage of eligible students passing high 333 school level statewide, standardized end-of-course assessments 334 or attaining national industry certifications identified in the 335 CAPE Industry Certification Funding List pursuant to rules 336 adopted by the State Board of Education. 337 338 In calculating Learning Gains for the components listed in sub 339 subparagraphs e.-h., the State Board of Education shall require 340 that learning growth toward achievement levels 3, 4, and 5 is 341 demonstrated by students who scored below each of those levels 342 in the prior year. In calculating the components in sub 343 subparagraphs a.-d., the state board shall include the 344 performance of English language learners only if they have been 345 enrolled in a school in the United States for more than 2 years, 346 but may not include students who are recent arrivals to the 347 school district from the Commonwealth of Puerto Rico, the United 348 States Virgin Islands, or any other territory of the United 349 States where an emergency has been declared due to a natural 350 disaster. 351 2. For a school comprised of grades 9, 10, 11, and 12, or 352 grades 10, 11, and 12, the school’s grade shall also be based on 353 the following components, each worth 100 points: 354 a. The 4-year high school graduation rate of the school as 355 defined by state board rule. 356 b. The percentage of students who were eligible to earn 357 college and career credit through College Board Advanced 358 Placement examinations, International Baccalaureate 359 examinations, dual enrollment courses, or Advanced International 360 Certificate of Education examinations; or who, at any time 361 during high school, earned national industry certification 362 identified in the CAPE Industry Certification Funding List, 363 pursuant to rules adopted by the state board. 364 Section 9. Paragraph (c) of subsection (3) of section 365 1011.60, Florida Statutes, is amended to read: 366 1011.60 Minimum requirements of the Florida Education 367 Finance Program.—Each district which participates in the state 368 appropriations for the Florida Education Finance Program shall 369 provide evidence of its effort to maintain an adequate school 370 program throughout the district and shall meet at least the 371 following requirements: 372 (3) EMPLOYMENT POLICIES.—Adopt rules relating to the 373 appointment, promotion, transfer, suspension, and dismissal of 374 personnel. 375 (c) ANosalary payment may notshallbe paid to any 376 employee in advance of service being rendered; however in the 377 event that a district, or a school within that district, closes 378 or is ordered to close due to a natural disaster or other 379 emergency, an employee may be paid for such days so long as such 380 time is made up at a later date in the school year. 381 Section 10. Subsection (10) of section 163.360, Florida 382 Statutes, is amended to read: 383 163.360 Community redevelopment plans.— 384 (10) Notwithstanding any other provisions of this part, 385 when the governing body certifies that an area is in need of 386 redevelopment or rehabilitation as a result of an emergency 387 under s. 252.34(5)s. 252.34(4), with respect to which the 388 Governor has certified the need for emergency assistance under 389 federal law, that area may be certified as a “blighted area,” 390 and the governing body may approve a community redevelopment 391 plan and community redevelopment with respect to such area 392 without regard to the provisions of this section requiring a 393 general plan for the county or municipality and a public hearing 394 on the community redevelopment. 395 Section 11. Subsection (1) of section 474.2125, Florida 396 Statutes, is amended to read: 397 474.2125 Temporary license.— 398 (1) The board shall adopt rules providing for the issuance 399 of a temporary license to a licensed veterinarian of another 400 state for the purpose of enabling her or him to provide 401 veterinary medical services in this state for the animals of a 402 specific owner or, as may be needed in an emergency as defined 403 in s. 252.34(5)s. 252.34(4), for the animals of multiple 404 owners, provided the applicant would qualify for licensure by 405 endorsement under s. 474.217. No temporary license shall be 406 valid for more than 30 days after its issuance, and no license 407 shall cover more than the treatment of the animals of one owner 408 except in an emergency as defined in s. 252.34(5)s. 252.34(4). 409 After the expiration of 30 days, a new license is required. 410 Section 12. Subsection (4) of section 627.659, Florida 411 Statutes, is amended to read: 412 627.659 Blanket health insurance; eligible groups.—Blanket 413 health insurance is that form of health insurance which covers 414 special groups of individuals as enumerated in one of the 415 following subsections: 416 (4) Under a policy or contract issued in the name of a 417 volunteer fire department, first aid group, local emergency 418 management agency as defined in s. 252.34(7)s. 252.34(6), or 419 other group of first responders as defined in s. 112.1815, which 420 is deemed the policyholder, covering all or any grouping of the 421 members or employees of the policyholder or covering all or any 422 participants in an activity or operation sponsored or supervised 423 by the policyholder. 424 Section 13. This act shall take effect July 1, 2018.