This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1615d.SAC
DATE: 4/7/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1615 Grants for Nonprofit Organization Safety
SPONSOR(S): Fine
TIED BILLS: IDEN./SIM. BILLS: SB 1480
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Constitutional Rights, Rule of Law &
Government Operations Subcommittee
14 Y, 0 N Wagoner Miller
2) Infrastructure & Tourism Appropriations
Subcommittee
12 Y, 0 N Hicks Davis
3) State Affairs Committee Wagoner Williamson
SUMMARY ANALYSIS
The Federal Emergency Management Agency (FEMA) coordinates several grant programs in which funds are
made available for pre- and post-emergency or disaster related projects. FEMA grants support recovery
initiatives, research, security infrastructure, among other programs. Grants are the principal mechanism used
by FEMA to award federal funding to state, local, tribal, territorial, certain private nonprofits, individuals, and
institutions of higher learning.
One category of FEMA grant funding is Preparedness Grants, which supports, in part, first responders to
ensure their coordination to protect against, respond to, and recover from issues of terrorism and other
emergencies. The Nonprofit Security Grant Program (NSGP) is one of the grants administered under FEMA
Preparedness Grants. It is one of three grant programs supporting the comprehensive measures authorized by
Congress enabling the Department of Homeland Security and FEMA to help strengthen the nation’s
communities against extremist attacks. In Florida, the Division of Emergency (DEM) within the Executive Office
of the Governor is the entity authorized to apply for NSGP funds.
The bill requires DEM to establish a state based Nonprofit Security Grant Program, which is modeled after the
federal NSGP. Florida nonprofit organizations, including houses of worship and community centers, that are at
high risk of violent attacks or hate crimes may apply for program grants. The bill provides that the program,
which is subject to legislative appropriation, will provide award amounts between $10,000 and $150,000 and
allows DEM to use up to 3 percent of the total appropriation for administration costs. The bill requires DEM to
adopt rules to administer the grant program. The bill also provides that the program will expire on January 1,
2028, unless reviewed and saved from repeal by the Legislature.
Even though the bill authorizes the establishment and administration of the state grant program, it does not
appropriate funding for grant awards or associated administrative costs that may be incurred by DEM.
STORAGE NAME: h1615d.SAC PAGE: 2
DATE: 4/7/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Federal Emergency Management Agency
The Federal Emergency Management Agency (FEMA) was officially created in 1979 by an executive
order and on March 1, 2003, became part of the Department of Homeland Security (DHS).
1
As the
nationwide organization responsible for federal emergency preparation and response, the mission of
FEMA is helping citizens recover from disasters before during, and after the event.
2
FEMA leverages a
tremendous capacity to coordinate resources within the federal government to make sure the country is
equipped to paper for and respond to disasters.
3
FEMA coordinates several grant programs in which funds are made available for pre- and post-
emergency or disaster related projects.
4
Grants are the principal funding mechanism used by FEMA to
award federal funding to state, local, tribal, territorial, certain private nonprofits, individuals, and
institutions of higher learning.
5
FEMA grants support recovery initiatives, research, and security
infrastructure development, among other programs.
One category of FEMA grant funding is Preparedness Grants, which supports, in part, first responders
to ensure their coordination to protect against, respond to, and recover from issues of terrorism and
other emergencies.
6
The Nonprofit Security Grant Program (NSGP) is one of the grants administered
under FEMA Preparedness Grants.
7
It is one of three grant programs supporting the comprehensive
measures authorized by Congress enabling DHS and FEMA to help strengthen the nation’s
communities against extremist attacks.
8
The NSGP provides funding support for target hardening and physical security enhancements to
nonprofit organizations that are at high risk of terrorist attack.
9
The intent of NSPGs is to promote
preparedness activities among state and local governments and agencies, emphasizing coordination
with public and private community representatives.
10
Funding allocated under NSGP is broken down by two categories: Urban Area (UA) and State (NSGP-
S). Funds allocated to UA are awarded to nonprofit organizations located within one of the Urban Area
Security initiative designated high-risk urban areas. NSGP-S funding is for nonprofit organizations
located outside of the high-risk urban areas.
The designated State Administrative Agency (SAA) is the only entity eligible to apply for NSGP funds.
In Florida, the SAA is the Florida Division of Emergency Management (DEM). The SAA applies to
FEMA on behalf of eligible nonprofit organizations.
11
Eligible organizations must be located within one
of the designated high-risk urban areas listed by FEMA. The three areas listed in Florida are Tampa,
1
FEMA, About Us: FEMA, www.fema.gov/about (last visited April 6, 2023).
2
Id.
3
Id.
4
FEMA, FEMA Grants, www.fema.gov/grants (last visited April 6, 2023).
5
Id.
6
FEMA, Preparedness Grants, www.fema.gov/grants/preparedness (last visited April 6, 2023).
7
FEMA, Nonprofit Security Grant Program, https://www.fema.gov/grants/preparedness/nonprofit-security (last visited April
6, 2023).
8
FEMA, FY 2023 Nonprofit Security Grant Program Fact Sheet, Feb. 27, 2023.
www.fema.gov/grants/preparedness/nonprofit-security (last visited March 13, 2023).
9
Id.
10
Id.
11
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DATE: 4/7/2023
Orlando, Miami/Ft. Lauderdale.
12
For federal Fiscal Year 2023, DHS is providing $305 million for
eligible nonprofit organizations.
13
Division of Emergency Management
DEM is created within the Executive Office of the Governor
14
and is responsible for maintain a
comprehensive statewide program of emergency management.
15
In part, DEM must:
Prepare a state comprehensive emergency management plan that is integrated with the
emergency plans and programs of the Federal Government.
16
Cooperate with the President of the United States, the heads of the Armed Forces, the various
federal emergency management agencies, and the officers and agencies of other states in
matters relating to emergency management in the state and nation.
17
Coordinate federal, state, and local emergency management activities and take steps to ensure
the availability of adequately trained and equipped forces of emergency management personnel
before, during, and after emergencies and disasters.
18
In its role as SAA for the NSGP, DEM regularly publishes an application guide for organizations to use
for federal emergency grants. The application guide provides important program information, including
key dates, award information, funding maximum amounts, restrictions, and permitted activities for use
of funds.
19
The application guide also highlights “priority areas” for the specific year
20
and provides
details regarding which select items are allowable from the Authorized Equipment List.
21
DEM receives completed applications and submits them to DHS and FEMA. DEM may work with
applicants to ensure their submission is completed properly and timely, but cannot change return dates
or provide awards.
22
Effect of Proposed Changes
The bill requires DEM to establish a state Nonprofit Security Grant Program modeled after the federal
NSGP. Florida nonprofit organizations, including houses of worship and community centers, that are at
high risk of violent attacks or hate crimes may apply for program grants. Grants may be used to
increase safety and security, including, but not limited to:
The purchase and installation of security infrastructure, perimeter lighting and fencing, door
hardening, security camera systems, barriers and bollards, and blast resistant film and shatter
resistant glass for windows.
Hiring security personnel.
Training for security personnel and staff on threat awareness, emergency procedures, and first
aid.
The bill provides that the program, which is subject to legislative appropriation, will provide a minimum
award amount of $10,000 and a maximum award amount of $150,000. DEM may use up to 3 percent
of the total appropriation for administration of the program. However, the bill does not provide an
appropriation for the grant program.
12
FEMA, Department of Homeland Security Notice of Funding Opportunity FY 2022 NSGP, Feb. 27, 2023.
www.fema.gov/grants/preparedness/nonprofit-security (last visited March 14, 2023).
13
FEMA, Nonprofit Security Grant Program, https://www.fema.gov/grants/preparedness/nonprofit-security (last visited
April 6, 2023).
14
SS. 252.32 and 252.34(3), F.S.
15
S. 252.35(1), F.S.
16
S. 252.35(2)(a), F.S.
17
S. 252.35(2)(e), F.S.
18
S. 252.35(2)(l), F.S.
19
FDEM, Nonprofit Security Grant Program FY 2023 Application Guide, March 2023,
www.floridadisaster.org/preparedness/external/grants (last visited March 14, 2023).
20
Id. at 5-6.
21
Id. at 10.
22
Id. at 3. STORAGE NAME: h1615d.SAC PAGE: 4
DATE: 4/7/2023
The bill requires DEM to adopt rules to administer this program. It also provides that the program
expires on January 1, 2028, unless reviewed and saved from repeal by the Legislature.
B. SECTION DIRECTORY:
Section 1: Creates s. 252.3712, F.S., creating the Nonprofit Security Grant Program.
Section 2: Provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill authorizes DEM to establish a state Nonprofit Security Grant Program to award grants
ranging from $10,000 to $150,000 to nonprofit organizations that are at high risk of violent attacks
or hate crimes. The bill allows DEM to use up to 3 percent of the total amount appropriated to
administer the grant program. Even though the bill authorizes the establishment and administration
of the state program, it does not appropriate funding for grant awards or associated administrative
costs that may be incurred by DEM.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may expand opportunities for private nonprofit entities, including houses of worship and
community centers, to increase security at their locations; however, the program is time limited.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill requires DEM to adopt rules to implement the Nonprofit Security Grant Program.
STORAGE NAME: h1615d.SAC PAGE: 5
DATE: 4/7/2023
C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill directs the Department of Emergency Management to establish the Nonprofit Security Grant
Program; however, it is the Division of Emergency Management that will be establishing the program as
the department does not exist. As such, it is recommended that the bill be amended to correct the
name of the implementing entity.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.