Bill Text: FL S1610 | 2019 | Regular Session | Introduced


Bill Title: Emergency Mitigation and Response

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Failed) 2019-05-03 - Died in Appropriations [S1610 Detail]

Download: Florida-2019-S1610-Introduced.html
       Florida Senate - 2019                                    SB 1610
       
       
        
       By Senator Montford
       
       
       
       
       
       3-01082B-19                                           20191610__
    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; providing an appropriation to the
   21         Division of Emergency Management from the General
   22         Revenue Fund to prepare an after-action report on the
   23         shelter operations that took place during Hurricane
   24         Michael, subject to certain requirements; requiring
   25         that the report be submitted to the Legislature and
   26         the 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         providing an appropriation to the division to
   31         competitively procure a consultant to conduct a study
   32         of facilities used as emergency operations centers;
   33         providing requirements for the study; authorizing the
   34         study to take into account the locations of emergency
   35         operations centers and to recommend certain joint
   36         agreements for the use of such centers; requiring that
   37         a report on the study be submitted to the Legislature
   38         and the Governor by a specified date; creating s.
   39         420.57, F.S.; subject to the appropriation of funds,
   40         creating the Hurricane Housing Recovery Program to
   41         provide funds to local governments for certain
   42         affordable housing recovery efforts; requiring that
   43         the Florida Housing Finance Corporation administer the
   44         program and allocate resources to local governments
   45         that meet certain criteria; specifying requirements
   46         for receiving and using funds; requiring participating
   47         local governments to submit a certain annual report to
   48         the corporation; requiring the corporation to compile
   49         the reports and submit them to the Legislature;
   50         subject to the appropriation of funds, creating the
   51         Rental Recovery Loan Program to provide funds to build
   52         additional rental housing due to specified impacts;
   53         requiring the corporation to administer the program;
   54         providing intent for the program; requiring
   55         participating local governments to submit a certain
   56         annual report to the corporation; requiring the
   57         corporation to compile the reports and submit them to
   58         the Legislature; authorizing the corporation to adopt
   59         rules; requiring that the Department of Economic
   60         Opportunity include a program to repair, renovate, or
   61         replace single-family housing in certain action plans
   62         submitted to a specified federal agency, under certain
   63         circumstances; requiring that the Florida Building
   64         Commission, in consultation with specified
   65         stakeholders and other entities, review the effects of
   66         Hurricane Michael and make recommendations to
   67         strengthen and enhance the design, construction, and
   68         lifesafety provisions of the Florida Building Code;
   69         providing requirements for such recommendations;
   70         requiring the commission to submit a certain report to
   71         the Legislature by a specified date; providing for
   72         future repeal of certain provisions; creating the
   73         Public Facilities Hurricane Restoration Cash Flow Loan
   74         Program for the purpose of assisting counties,
   75         municipalities, and district school boards in making
   76         timely payments in restoring certain facilities;
   77         providing eligibility requirements for receiving a
   78         cash flow loan; requiring that the Department of
   79         Economic Opportunity administer the loan program and
   80         distribute loan funds; requiring that the Division of
   81         Emergency Management notify the Department of Economic
   82         Opportunity when certain federal payments have been
   83         distributed; providing an appropriation to the
   84         Department of Economic Opportunity from the Budget
   85         Stabilization Fund for a certain purpose; amending s.
   86         570.82, F.S.; providing that trees grown for fiber are
   87         an eligible crop for loans under the Agricultural
   88         Economic Development Program; requiring that
   89         applicants applying for a loan related to the effects
   90         of Hurricane Michael submit an application to the
   91         Department of Agriculture and Consumer Services by a
   92         specified date; providing an appropriation to the
   93         Department of Agriculture and Consumer Services from
   94         the General Revenue Fund for a certain purpose;
   95         providing applicability; requiring that certain
   96         assessment requirements for specified students be
   97         waived; requiring specified schools to grant standard
   98         high school diplomas to students who meet certain
   99         requirements; requiring that certain assessment
  100         requirements for a specified school year be waived;
  101         providing that the promotion of grade 3 students be
  102         based on measures determined by specified school
  103         districts; requiring that school grades for a
  104         specified school year be calculated and released for
  105         certain purposes; providing that specified school
  106         districts be held harmless from certain liability;
  107         providing requirements for the measurement of school
  108         grades for a specified school year; providing
  109         legislative findings; amending s. 1008.33, F.S.;
  110         effective on a specified date, requiring the
  111         Department of Education to suspend its duties and
  112         obligations under a specified provision for certain
  113         school years for specified school districts; providing
  114         a directive to the Division of Law Revision; providing
  115         an effective date.
  116          
  117  Be It Enacted by the Legislature of the State of Florida:
  118  
  119         Section 1. The Hurricane Michael Recovery Task Force, a
  120  task force as defined in s. 20.03, Florida Statutes, is
  121  established adjunct to the Division of Emergency Management to
  122  make recommendations to the Legislature regarding additional
  123  assistance needed in the response to, the recovery from, and the
  124  mitigation of the effects of Hurricane Michael in the areas
  125  designated in the federal disaster declaration DR-4399. The task
  126  force shall review the local, state, and federal activities
  127  conducted and the resources provided in such areas, the
  128  effectiveness of such efforts, and any additional assistance
  129  necessary.
  130         (1) The task force must consist of the following five
  131  members:
  132         (a) One member representing the business community, who
  133  shall serve as chair, appointed by the Governor.
  134         (b) One member representing agricultural interests,
  135  appointed by the Commissioner of the Department of Agriculture
  136  and Consumer Services.
  137         (c) One member representing the fishing industry, appointed
  138  by the Fish and Wildlife Conservation Commission.
  139         (d) One member representing emergency response, appointed
  140  by the executive director of the Division of Emergency
  141  Management.
  142         (e) One member representing housing interests, appointed by
  143  the executive director of the Department of Economic
  144  Opportunity.
  145         (2) Members shall serve at the pleasure of their appointing
  146  official. Any vacancy must be filled in the same manner as the
  147  original appointment. A member of the Legislature or a
  148  registered lobbyist may not be appointed to the task force.
  149  Members shall serve without compensation, but are entitled to
  150  reimbursement of travel and per diem expenses pursuant to
  151  section 112.061, Florida Statutes, in the performance of their
  152  duties and responsibilities under this section.
  153         (3) The task force shall report its findings and make
  154  specific recommendations for further response, recovery, and
  155  mitigation to the President of the Senate, the Speaker of the
  156  House of Representatives, and the Governor by December 15, 2019.
  157  The task force is dissolved not later than March 10, 2020.
  158         Section 2. For the 2019-2020 fiscal year, the sum of
  159  $85,000 in nonrecurring funds from the General Revenue Fund is
  160  appropriated to the Division of Emergency Management to prepare
  161  an after-action report on the shelter operations that took place
  162  during Hurricane Michael. The division shall examine the latest
  163  available Statewide Emergency Shelter Plan prepared pursuant to
  164  ss. 252.385 and 1013.372, Florida Statutes, to determine, based
  165  on the number of people who evacuated during Hurricane Michael,
  166  whether there is sufficient capacity of general population
  167  hurricane evacuation shelter space and of special needs
  168  hurricane evacuation shelter space in the applicable regional
  169  planning council regions. The report must include basic
  170  information for each shelter activated during Hurricane Michael,
  171  including the shelter type (general population, special needs,
  172  or pet friendly), name, address, and maximum occupant capacity.
  173  Additionally, the report must provide functional data for each
  174  shelter, including the number of persons served at each shelter
  175  throughout the event, the timeline for opening and closing each
  176  shelter, and whether each shelter had sufficient staff,
  177  security, transportation, equipment, lavatories, sanitation,
  178  feeding capabilities, capacity, and standby or emergency power.
  179  The report also must identify any unmet needs at each shelter
  180  and must indicate whether each shelter met or exceeded the
  181  American Red Cross Standards for Hurricane Evacuation Shelter
  182  Selection (ARC 4496). Finally, the report must identify any
  183  shelter not activated for Hurricane Michael and the basis for
  184  the determination not to activate it, such as the inability of
  185  the shelter to withstand a certain level hurricane impact. The
  186  report must be completed and presented to the President of the
  187  Senate, the Speaker of the House of Representatives, and the
  188  Governor by December 15, 2019.
  189         Section 3. The Department of Economic Opportunity shall
  190  include a program to retrofit or to repair hurricane evacuation
  191  shelters in any action plan submitted to the federal Department
  192  of Housing and Urban Development for use of the funds made
  193  available under Grant Number B-18-DP-12-0002, provided that
  194  federal guidance for use of the funds allows such a program.
  195         Section 4. For the 2019-2020 fiscal year, the sum of
  196  $200,000 in nonrecurring funds from the General Revenue Fund is
  197  appropriated to the Division of Emergency Management to
  198  competitively procure a consultant to conduct a study of
  199  facilities used as emergency operations centers. At a minimum,
  200  the study must assess the availability, capacity, communications
  201  capabilities, hurricane rating, and other safety conditions of
  202  such centers. The study must also assess the need for a new
  203  emergency operations center to serve one or more counties in a
  204  given region or for upgrades to existing centers. The study must
  205  make recommendations as to how the state may best address
  206  communities’ needs for emergency operations centers, or access
  207  to such centers, and necessary changes to existing centers to
  208  ensure the best possible emergency response in a region. The
  209  study may take into account the geographic locations of
  210  emergency operations centers and may recommend joint agreements
  211  for use of such centers for emergency response. A report of the
  212  findings of the study must be completed by December 15, 2019,
  213  and presented to the President of the Senate, the Speaker of the
  214  House of Representatives, and the Governor.
  215         Section 5. Section 420.57, Florida Statutes, is created to
  216  read:
  217         420.57Hurricane recovery programs.—
  218         (1)(a)Subject to the appropriation of funds for that
  219  purpose by the Legislature, the Hurricane Housing Recovery
  220  Program is created to provide funds to local governments for
  221  their affordable housing recovery efforts, similar to the State
  222  Housing Initiatives Partnership Program as set forth in ss.
  223  420.907-420.9079. The Florida Housing Finance Corporation shall
  224  administer the program. Notwithstanding ss. 420.9072 and
  225  420.9073, the Florida Housing Finance Corporation shall allocate
  226  resources to local governments according to a need-based formula
  227  that reflects housing damage estimates and population effects
  228  resulting from hurricanes. An eligible local government must
  229  submit a strategy outlining proposed recovery actions, household
  230  income levels, and the number of residential units to be served
  231  and an associated funding request. Program funds must be used to
  232  serve households with incomes of up to 120 percent of area
  233  median income, except that at least 30 percent of program funds
  234  must be reserved for households with incomes of up to 50 percent
  235  of area median income and an additional 30 percent of program
  236  funds must be reserved for households with incomes of up to 80
  237  percent of area median income. Program funds must be used as
  238  specified for each of the following purposes:
  239         1.At least 65 percent must be used for homeownership.
  240         2.Up to 15 percent may be used for administrative expenses
  241  to ensure the expeditious use of funds.
  242         3.Up to one-quarter of 1 percent may be used by the
  243  Florida Housing Finance Corporation for compliance monitoring.
  244         (b)Each participating local government shall submit to the
  245  Florida Housing Finance Corporation an annual report on its use
  246  of funds from the Hurricane Housing Recovery Program. The
  247  corporation shall compile the reports and submit them to the
  248  President of the Senate and the Speaker of the House of
  249  Representatives.
  250         (2)(a)Subject to the appropriation of funds by the
  251  Legislature for that purpose, the Rental Recovery Loan Program
  252  is created to provide funds to build additional rental housing
  253  due to impacts to the affordable housing stock and changes to
  254  the population resulting from hurricanes. The Florida Housing
  255  Finance Corporation shall administer the program. The program is
  256  intended to allow the state to leverage additional federal
  257  rental financing similar to the State Apartment Incentive Loan
  258  Program as described in s. 420.5087.
  259         (b)Each participating local government shall submit to the
  260  Florida Housing Finance Corporation an annual report on its use
  261  of funds from the Rental Recovery Loan Program. The corporation
  262  shall compile the reports and submit them to the President of
  263  the Senate and the Speaker of the House of Representatives.
  264         (3)The Florida Housing Finance Corporation may adopt rules
  265  to administer this section.
  266         Section 6. The Department of Economic Opportunity shall
  267  include a program to repair, renovate, or replace single-family
  268  housing in any action plan submitted to the federal Department
  269  of Housing and Urban Development for use of the grant funds
  270  appropriated in response to Hurricane Michael, provided that
  271  federal guidance for the use of the funds allows such a program.
  272         Section 7. (1)The Florida Building Commission shall, in
  273  consultation with the Building Officials Association of Florida,
  274  the Florida Home Builders Association, and other stakeholders,
  275  review the effects of Hurricane Michael and make recommendations
  276  to strengthen and enhance the design, construction, and
  277  lifesafety provisions of the Florida Building Code, especially
  278  as they are applied in the Florida Panhandle. Recommendations
  279  must address at least all of the following:
  280         (a) The revision of design wind speed maps of the
  281  Panhandle, including county-specific design wind speed maps for
  282  each building risk category.
  283         (b) The effects of flood hazard designations and the flood
  284  loads and the related effects of flood depth, of velocity, of
  285  scour/erosion, and of wave/debris.
  286         (c) Storm-induced damage to power-generating stations and
  287  other public utility facilities.
  288         (d) Service disruption and building envelope breach
  289  potential for critical facilities, such as hospitals.
  290         (2) The commission shall submit a final report including
  291  its recommendations to the President of the Senate and the
  292  Speaker of the House of Representatives no later than September
  293  1, 2019.
  294         (3) This section expires December 31, 2019.
  295         Section 8. (1) There is established for the 2019-2020
  296  fiscal year a Public Facilities Hurricane Restoration Cash Flow
  297  Loan Program. Counties, municipalities, and district school
  298  boards that need assistance with cash flow in order to make
  299  timely payments to contractors and suppliers in restoring their
  300  county, municipal, or educational facilities damaged by a named
  301  hurricane or tropical storm during the 2018 hurricane season may
  302  apply to the Department of Economic Opportunity for a cash flow
  303  loan. The amount of the loan may not exceed the amount the
  304  county, municipality, or district school board needs to meet
  305  timely payments to contractors and suppliers for the restoration
  306  of damaged facilities. To be eligible for a cash flow loan, a
  307  county, municipality, or district school board must meet all of
  308  the following requirements:
  309         (a) Have one or more county, municipal, or educational
  310  facilities damaged or destroyed by a named hurricane or tropical
  311  storm during the 2018 hurricane season.
  312         (b) Have an agreement to pay contractors or suppliers for
  313  the restoration of the damaged facilities, but have insufficient
  314  cash flow to make timely payments.
  315         (c) Agree to repay, from funds received from insurance
  316  claims, Federal Emergency Management Agency payments, or other
  317  fund sources, the full amount of the funds received from the
  318  cash flow loan program.
  319         (d) Agree that if repayment is not made in a timely manner,
  320  the Department of Economic Opportunity must withhold future
  321  distribution of public capital outlay funds, or other fixed
  322  capital outlay funds, until repayment is received by the
  323  department.
  324         (2) The Department of Economic Opportunity shall provide
  325  information and instructions for applying for a cash flow loan
  326  and administer the loans in accordance with this act. The
  327  department shall distribute loan funds based on the county or
  328  municipal governing body’s or district superintendent’s
  329  certification of the amount needed for payments that are due
  330  within the following 30 days. All funds repaid shall be
  331  deposited unallocated into the Budget Stabilization Fund within
  332  30 days after receipt by the department.
  333         (3) The Division of Emergency Management shall notify the
  334  Department of Economic Opportunity when payments from the
  335  Federal Emergency Management Agency for a named hurricane or
  336  tropical storm during the 2018 hurricane season have been
  337  distributed to a county, municipality, or district school board
  338  that has received a public facilities hurricane restoration cash
  339  flow loan.
  340         Section 9. The sum of $300 million is appropriated from
  341  nonrecurring revenues in the Budget Stabilization Fund to the
  342  Department of Economic Opportunity for the 2019-2020 fiscal year
  343  for the sole purpose of funding the Public Facilities Hurricane
  344  Restoration Cash Flow Loan Program for eligible counties,
  345  municipalities, and district school boards in accordance with
  346  this act.
  347         Section 10. Paragraph (c) of subsection (2) and subsection
  348  (4) of section 570.82, Florida Statutes, are amended to read:
  349         570.82 Agricultural Economic Development Program disaster
  350  loans and grants and aid.—
  351         (2) ELIGIBLE CROPS.—Crops eligible for the emergency loan
  352  program include:
  353         (c) Crops grown for fiber, except for trees.
  354         (4) LOAN APPLICATION.—In order to qualify for a loan under
  355  this section, an applicant must submit an application to the
  356  department within 90 days after the date the natural disaster or
  357  socioeconomic condition or event occurs or the crop damage
  358  becomes apparent. However, for applicants applying for a loan
  359  under this section related to the effects of Hurricane Michael
  360  that occurred in 2018, an applicant must submit an application
  361  to the department by December 1, 2019. An applicant must be a
  362  citizen of the United States and a bona fide resident of the
  363  state and must also demonstrate the need for economic assistance
  364  and demonstrate that he or she has the ability to repay the
  365  loan.
  366         Section 11. The sum of $15 million in nonrecurring funds
  367  from the General Revenue Fund is appropriated to the Department
  368  of Agriculture and Consumer Services for the purpose of funding
  369  the loan program under section 570.82, Florida Statutes.
  370         Section 12. (1) This section applies only to school
  371  districts in Holmes, Washington, Bay, Jackson, Calhoun, Gulf,
  372  Liberty, Gadsden, Franklin, Wakulla, Leon, and Taylor Counties.
  373         (2) For the school districts specified within this section,
  374  the statewide, standardized assessment requirements for a
  375  standard high school diploma for grade 12 high school students
  376  in their senior year during the 2018-2019 school year are
  377  waived. Any grade 12 high school student who is in his or her
  378  senior year during the 2018-2019 school year and who has met the
  379  18 or 24 credit and 2.0 GPA requirements as provided in s.
  380  1003.4282, Florida Statutes, must be granted a standard high
  381  school diploma by his or her respective school.
  382         (3)For the school districts specified within this section,
  383  the statewide, standardized assessment for grade 3 promotion for
  384  the 2018-2019 school year is waived. The promotion of grade 3
  385  students must be based on the preponderance of the evidence
  386  through measures determined by each school district.
  387         (4) For the school districts specified within this section,
  388  school grades, as established in s. 1008.34, Florida Statutes,
  389  for the 2018-2019 school year must be calculated and released
  390  for informational purposes only. School districts shall be held
  391  harmless from any liability for the release of grades for
  392  informational purposes only. School grades for the 2018-2019
  393  school year must be based on student enrollment for Surveys 2
  394  and 3 match files.
  395         (5) The Legislature finds that, because of the catastrophic
  396  nature of Hurricane Michael, families in school districts under
  397  this section are displaced, and the loss of housing has
  398  drastically changed the mobility of students. The Legislature
  399  also finds that, until students’ housing arrangements stabilize,
  400  no method exists to capture an accurate assessment of a school’s
  401  performance in the school districts. Further, the Legislature
  402  finds that the enrollment of students for the survey request
  403  files will be a small representation of school district
  404  performance and not a true measurement of performance.
  405         Section 13. Subsection (6) is added to section 1008.33,
  406  Florida Statutes, to read:
  407         1008.33 Authority to enforce public school improvement.—
  408         (6) Upon the effective date of this act, the department
  409  shall suspend the administration of its duties and obligations
  410  under subsection (3) for the remainder of the 2018-2019 school
  411  year and for the 2019-2020 school year for school districts in
  412  Holmes, Washington, Bay, Jackson, Calhoun, Gulf, Liberty,
  413  Gadsden, Franklin, Wakulla, Leon, and Taylor Counties. This
  414  subsection expires on July 1, 2020.
  415         Section 14. The Division of Law Revision is directed to
  416  replace the phrase “the effective date of this act” wherever it
  417  occurs in this act with the date this act becomes a law.
  418         Section 15. This act shall take effect upon becoming a law.

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