Florida 2025 Regular Session

Florida House Bill H1337 Compare Versions

Only one version of the bill is available at this time.
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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to emergencies; amending s. 215.559, 2
1616 F.S.; revising the units of government given certain 3
1717 funding priority; amending s. 250.375, F.S.; 4
1818 authorizing certain servicemembers to provide medical 5
1919 care in specified circumstances; amending s. 252.32 , 6
2020 F.S.; authorizing the Division of Emergency Management 7
2121 to create certain local organizations in 8
2222 constitutional offices; providing that constitutional 9
2323 offices have specified emergency powers; s. 252.34, 10
2424 F.S.; revising the definition of "political 11
2525 subdivision"; amending s. 252.35, F.S.; providing that 12
2626 the division has command and control of specified 13
2727 efforts; providing requirements for such efforts; 14
2828 revising duties of the division; authorizing the 15
2929 division to create new debris management sites in 16
3030 certain circumstances; creating s. 252.352, F.S.; 17
3131 requiring certain political subdivisions to publish 18
3232 specified information on publicly available websites; 19
3333 requiring such websites be available for a specified 20
3434 period of time; requiring certain county governments 21
3535 to provide to the county's legislative delegation 22
3636 specified office space, information, and contact; 23
3737 amending s. 252.355, F.S.; revising the name of the 24
3838 registry of persons with special needs and special 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 needs shelters; requiring special needs shelters to 26
5252 include individuals with functional needs; authorizing 27
5353 the Department of Veterans' Affairs to provide certain 28
5454 information to specified clients; amending s. 252.357, 29
5555 F.S.; requiring a specified plan to authorize a 30
5656 certain agency to contact senior living faciliti es in 31
5757 a disaster area; amending s. 252.359, F.S.; revising 32
5858 the manner in which the Division of Emergency 33
5959 Management facilitates transportation of essentials 34
6060 before and after an emergency; requiring local law 35
6161 enforcement to cooperate with the division to en sure 36
6262 the availability of essentials; specifying the 37
6363 entities that determine state roadways; amending s. 38
6464 252.365, F.S.; revising the responsibilities of the 39
6565 emergency coordination officer; requiring the head of 40
6666 each agency to make specified notifications an nually; 41
6767 amending s. 252.373, F.S.; authorizing the division to 42
6868 use certain funds for administration; amending s. 43
6969 252.385, F.S.; revising reporting requirements for the 44
7070 division; revising requirements for a specified list; 45
7171 amending s. 282.201, F.S.; revisin g the division's 46
7272 temporary exemption from required use of the state 47
7373 data center; amending s. 403.7071, F.S.; revising the 48
7474 time period during which specified providers are not 49
7575 required to collect certain trash; requiring specified 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 entities to take certain a ctions regarding the 51
8989 creation, authorization, preauthorization, and 52
9090 management of debris management sites; providing that 53
9191 such sites do not need to be inspected if certain 54
9292 conditions are met; amending s. 526.141, F.S.; 55
9393 requiring certain gasoline stations b e equipped with 56
9494 an alternate power source; amending ss. 252.356, 57
9595 381.0011, 381.0303, 400.492, 400.506, 400.610, 58
9696 400.934, and 401.273, F.S.; conforming provisions to 59
9797 changes made by the act; providing an effective date. 60
9898 61
9999 Be It Enacted by the Legislature of the State of Florida: 62
100100 63
101101 Section 1. Paragraph (b) of subsection (1) of section 64
102102 215.559, Florida Statutes, is amended to read: 65
103103 215.559 Hurricane Loss Mitigation Program. —A Hurricane 66
104104 Loss Mitigation Program is established in the Division of 67
105105 Emergency Management. 68
106106 (1) The Legislature shall annually appropriate $10 million 69
107107 of the moneys authorized for appropriation under s. 70
108108 215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the 71
109109 division for the purposes set forth in this section. Of the 72
110110 amount: 73
111111 (b) Three million dollars in funds shall be used to 74
112112 construct or retrofit facilities used as public hurricane 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125125 shelters. Each year the division shall prioritize the use of 76
126126 these funds for projects included in the annual report of the 77
127127 Shelter Development Report prepared in accordance with s. 78
128128 252.385(3). The division must give funding priority to projects 79
129129 in counties regional planning council regions that have shelter 80
130130 deficits and to projects that maximize the use of state funds. 81
131131 Section 2. Section 25 0.375, Florida Statutes, is amended 82
132132 to read: 83
133133 250.375 Medical officer authorization. —A servicemember 84
134134 trained to provide medical care who is assigned to a military 85
135135 duty position and authorized by the Florida National Guard to 86
136136 provide medical care by virtue of such duty position may provide 87
137137 such medical care to military personnel and civilians within the 88
138138 state physician who holds an active license to practice medicine 89
139139 in any state, a United States territory, or the District of 90
140140 Columbia, while serving as a medical officer with or in support 91
141141 of the Florida National Guard, pursuant to federal or state 92
142142 orders, may practice medicine on military personnel or civilians 93
143143 during an emergency or declared disaster or during federal 94
144144 military training. 95
145145 Section 3. Paragraphs (a) and (b) of subsection (1) of 96
146146 section 252.32, Florida Statutes, are amended to read: 97
147147 252.32 Policy and purpose. — 98
148148 (1) Because of the existing and continuing possibility of 99
149149 the occurrence of emergencies and disasters resulting from 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162162 natural, technological, or manmade causes; in order to ensure 101
163163 that preparations of this state will be adequate to deal with, 102
164164 reduce vulnerability to, and recover from such emergencies and 103
165165 disasters; to provide for the common defense and to protect the 104
166166 public peace, health, and safety; and to preserve the lives and 105
167167 property of the people of the state, it is hereby found and 106
168168 declared to be necessary: 107
169169 (a) To create a state emergency management agency to be 108
170170 known as the "Division of Emergency Management," to authorize 109
171171 the creation of local organizations for emergency management in 110
172172 the political subdivisions and county constitutional offices of 111
173173 the state, and to authorize cooperation with the Federal 112
174174 Government and the governments of other states. 113
175175 (b) To confer upon the G overnor, the Division of Emergency 114
176176 Management, and the governing body of each political subdivision 115
177177 and county constitutional office of the state the emergency 116
178178 powers provided herein. 117
179179 Section 4. Subsection (10) of section 252.34, Florida 118
180180 Statutes, is amended to read: 119
181181 252.34 Definitions. —As used in this part, the term: 120
182182 (10) "Political subdivision" means a separate agency or 121
183183 unit of local government created or established by law or 122
184184 ordinance and the officers thereof. The term includes, but is 123
185185 not limited to, a county, municipality, department, commission, 124
186186 authority, school district, taxing district, water management 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199199 district, board, public corporation, institution of higher 126
200200 education, and any other public agency or body thereof any 127
201201 county or municipality created pursuant to law . 128
202202 Section 5. Paragraphs (y) through (dd) of subsection (2) 129
203203 of section 252.35, Florida Statutes, are redesignated as 130
204204 paragraphs (x) through (cc), respectively, subsection (1) and 131
205205 paragraphs (a), (c), (i), (k), (n), and (s) and present 132
206206 paragraph (x) of subsection (2) are amended, and a new paragraph 133
207207 (dd) is added to subsection (2) o f that section, to read: 134
208208 252.35 Emergency management powers; Division of Emergency 135
209209 Management.— 136
210210 (1) The division is responsible for maintaining a 137
211211 comprehensive statewide program of emergency management. The 138
212212 division is responsible for coordination with and command and 139
213213 control of with efforts of the Federal Government and with other 140
214214 departments and cabinet agencies, and agencies of state 141
215215 government, with county and municipal governments and school 142
216216 boards, and with private agencies that have a role in eme rgency 143
217217 management. 144
218218 (2) The division is responsible for carrying out the 145
219219 provisions of ss. 252.31 -252.90. In performing its duties, the 146
220220 division shall: 147
221221 (a) Prepare a state comprehensive emergency management 148
222222 plan, which shall be integrated into and coord inated with the 149
223223 emergency management plans and programs of the Federal 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236236 Government. The division shall adopt the plan as a rule in 151
237237 accordance with chapter 120. The plan must be implemented by a 152
238238 continuous, integrated comprehensive emergency management 153
239239 program. The plan must contain provisions to ensure that the 154
240240 state is prepared for emergencies and minor, major, and 155
241241 catastrophic disasters, and the division shall work closely with 156
242242 local governments and agencies and organizations with emergency 157
243243 management responsibilities in preparing and maintaining the 158
244244 plan. The state comprehensive emergency management plan must be 159
245245 operations oriented and: 160
246246 1. Include an evacuation component that includes specific 161
247247 regional and interregional planning provisions and promotes 162
248248 intergovernmental coordination of evacuation activities. This 163
249249 component must, at a minimum: contain guidelines for lifting 164
250250 tolls on state highways; ensure coordination pertaining to 165
251251 evacuees crossing county lines; set forth procedures for 166
252252 directing people caught on evacuation routes to safe shelter; 167
253253 establish strategies for ensuring sufficient, reasonably priced 168
254254 fueling locations along evacuation routes; and establish 169
255255 policies and strategies for emergency medical evacuations. 170
256256 2. Include a shelter component that includes specific 171
257257 regional and interregional planning provisions and promotes 172
258258 coordination of shelter activities between the public, private, 173
259259 and nonprofit sectors. This component must, at a minimum: 174
260260 contain strategies to ensure the availability of a dequate public 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273273 shelter space in each county region of the state; establish 176
274274 strategies for refuge -of-last-resort programs; provide 177
275275 strategies to assist local emergency management efforts to 178
276276 ensure that adequate staffing plans exist for all shelters, 179
277277 including medical and security personnel; provide for a 180
278278 postdisaster communications system for public shelters; 181
279279 establish model shelter guidelines for operations, registration, 182
280280 inventory, power generation capability, information management, 183
281281 and staffing; and set forth policy guidance for sheltering 184
282282 people with special and functional needs. 185
283283 3. Include a postdisaster response and recovery component 186
284284 that includes specific regional and interregional planning 187
285285 provisions and promotes intergovernmental coordination of 188
286286 postdisaster response and recovery activities. This component 189
287287 must provide for postdisaster response and recovery strategies 190
288288 according to whether a disaster is minor, major, or 191
289289 catastrophic. The postdisaster response and recovery component 192
290290 must, at a minimum: establish the structure of the state's 193
291291 postdisaster response and recovery organization; establish 194
292292 procedures for activating the state's plan; set forth policies 195
293293 used to guide postdisaster response and recovery activities; 196
294294 describe the chain of command during the postdisaster response 197
295295 and recovery period; describe initial and continuous 198
296296 postdisaster response and recovery actions; identify the roles 199
297297 and responsibilities of each involved agency and organization; 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310310 provide for a comprehensive communications p lan; establish 201
311311 procedures for monitoring and coordinating mutual aid 202
312312 agreements; provide for rapid impact assessment teams; ensure 203
313313 the availability of an effective statewide urban search and 204
314314 rescue program coordinated with the fire services; ensure the 205
315315 existence of a comprehensive statewide medical care and relief 206
316316 plan administered by the Department of Health; and establish 207
317317 systems for coordinating volunteers and accepting and 208
318318 distributing donated funds and goods. 209
319319 4. Include additional provisions addressi ng aspects of 210
320320 preparedness, response, recovery, and mitigation as determined 211
321321 necessary by the division. 212
322322 5. Address the need for coordinated and expeditious 213
323323 deployment of state resources, including the Florida State Guard 214
324324 and Florida National Guard. In th e case of an imminent major 215
325325 disaster, procedures should address predeployment of the Florida 216
326326 National Guard, and, in the case of an imminent catastrophic 217
327327 disaster, procedures should address predeployment of the Florida 218
328328 National Guard and the United States Armed Forces. Such 219
329329 procedures must include the facilitation of annual training 220
330330 initiatives supporting the education of emergency management 221
331331 officials, elected and appointed officials, and stakeholders. 222
332332 6. Establish a system of communications and warning to 223
333333 ensure that the state's population and emergency management 224
334334 agencies are warned of developing emergency situations, 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347347 including public health emergencies, and can communicate 226
348348 emergency response decisions. 227
349349 7. Establish guidelines and schedules for annual exercises 228
350350 that evaluate the ability of the state and its political 229
351351 subdivisions to respond to minor, major, and catastrophic 230
352352 disasters and support local emergency management agencies. Such 231
353353 exercises shall be coordinated with local governments and, to 232
354354 the extent possible, the Federal Government. 233
355355 8. Assign lead and support responsibilities to state 234
356356 agencies and personnel for emergency support functions and other 235
357357 support activities. 236
358358 9. Include the public health emergency plan developed by 237
359359 the Department of Health pursuant to s. 381.00315. 238
360360 10. Include an update on the status of the emergency 239
361361 management capabilities of the state and its political 240
362362 subdivisions. 241
363363 242
364364 The complete state comprehensive emergency management plan must 243
365365 be submitted to the President of the Senate, the Speaker of the 244
366366 House of Representatives, and the Governor on February 1 of 245
367367 every even-numbered year. 246
368368 (c) Assist political subdivisions in preparing and 247
369369 maintaining emergency management plans by developing a template 248
370370 for comprehensive eme rgency management plans, including natural 249
371371 disasters and cyberattacks . 250
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384384 (i) Institute statewide public awareness programs, 251
385385 including an intensive public educational campaign on emergency 252
386386 preparedness issues. Such programs must include, but need not be 253
387387 limited to, the personal responsibility of individual residents 254
388388 to be self-sufficient for up to 120 72 hours following a natural 255
389389 or manmade disaster or a public health emergency. The public 256
390390 educational campaign must include relevant information on public 257
391391 health emergency mitigation, statewide disaster plans, 258
392392 evacuation routes, fuel suppliers, and shelters. All educational 259
393393 materials must be available in alternative formats and mediums 260
394394 to ensure that they are available to persons with disabilities. 261
395395 (k)1. Prepare and distribute to appropriate state and 262
396396 local officials catalogs of federal, state, and private 263
397397 assistance programs. 264
398398 2. In order to expedite and maximize the amount of federal 265
399399 assistance available, the division shall standardize and 266
400400 streamline the Federal Emergency Management Agency's Public 267
401401 Assistance Program application process. This includes ass isting 268
402402 applicants in identifying risks in their organizations and 269
403403 developing a clear action plan to abate those risks. 270
404404 (n) Subject to available funding, implement annual 271
405405 training programs to maintain Florida's status as a national 272
406406 leader in emergency man agement, improve the ability of state and 273
407407 local emergency management personnel to prepare and implement 274
408408 emergency management plans and programs , and facilitate 275
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417417 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421421 coordination between all emergency management stakeholders . This 276
422422 shall include a continuous trai ning program for agencies and 277
423423 individuals that will be called on to perform key roles in state 278
424424 and local postdisaster response and recovery efforts and for 279
425425 local government personnel on federal and state postdisaster 280
426426 response and recovery strategies and pr ocedures. 281
427427 (s) Complete an inventory of disaster response equipment, 282
428428 including portable generators owned by the state and local 283
429429 governments which are capable of operating during a major 284
430430 disaster. The inventory must identify, at a minimum, the 285
431431 location of each generator, the number of generators stored at 286
432432 each specific location, the agency to which each generator 287
433433 belongs, the primary use of the generator by the owner agency, 288
434434 and the names, addresses, and telephone numbers of persons 289
435435 having the authority to loan the stored generators as authorized 290
436436 by the division during a declared emergency. 291
437437 (x) Report biennially to the President of the Senate, the 292
438438 Speaker of the House of Representatives, the Chief Justice of 293
439439 the Supreme Court, and the Governor, no later th an February 1 of 294
440440 every odd-numbered year, the status of the emergency management 295
441441 capabilities of the state and its political subdivisions. This 296
442442 report must include the emergency management capabilities 297
443443 related to public health emergencies, as determined in 298
444444 collaboration with the Department of Health. 299
445445 (dd) During a natural disaster for which an emergency has 300
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454454 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458458 been declared by the Governor or the President of the United 301
459459 States, authorize new debris management sites. Such sites must 302
460460 meet all practices in acco rdance with debris management sites 303
461461 authorized under s. 403.7071. 304
462462 Section 6. Section 252.352, Florida Statutes, is created 305
463463 to read: 306
464464 252.352 Postdisaster duties of political subdivisions. —307
465465 Following the declaration of a state of emergency issued by the 308
466466 Governor for a natural emergency: 309
467467 (1) A political subdivision that has been impacted by a 310
468468 natural emergency must publish on a publicly available website 311
469469 all applicable local, state, and federal laws related to 312
470470 building and housing codes, including all l imitations, 313
471471 definitions, guidelines, and statutory emergency management 314
472472 expectations. This information must be available within 5 days 315
473473 after the declaration of a state of emergency and must remain 316
474474 available for at least 3 years after such declaration, unle ss 317
475475 recovery from the natural disaster is completed earlier. 318
476476 (2) A county that has experienced a direct impact from a 319
477477 natural disaster must provide the county's legislative 320
478478 delegation with: 321
479479 (a) Emergency office space. 322
480480 (b) Information on the county's emergency response. 323
481481 (c) A direct point of contact trained in disaster recovery 324
482482 who will answer questions and listen to concerns related to 325
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491491 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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495495 county emergency management. A member of the delegation may 326
496496 direct residents to this point of contact. 327
497497 Section 7. Section 252.355, Florida Statutes, is amended 328
498498 to read: 329
499499 252.355 Registry of persons with special needs and 330
500500 functional limitations ; notice; registration program. — 331
501501 (1) In order to meet the special and functional needs of 332
502502 persons who would need assistan ce during evacuations and 333
503503 sheltering because of physical, mental, cognitive impairment, or 334
504504 sensory disabilities, the division, in coordination with each 335
505505 local emergency management agency in the state, shall maintain a 336
506506 registry of persons with special needs or functional limitations 337
507507 located within the jurisdiction of the local agency. The 338
508508 registration shall identify those persons in need of assistance 339
509509 and plan for resource allocation to meet those identified needs. 340
510510 (2) In order to ensure that all persons w ith special needs 341
511511 or functional limitations may register, the division shall 342
512512 develop and maintain a special needs and functional limitations 343
513513 shelter registration program. During a public health emergency 344
514514 in which physical distancing is necessary, as determ ined by the 345
515515 State Health Officer, the division must maintain information on 346
516516 special needs and functional limitations shelter options that 347
517517 mitigate the threat of the spread of infectious diseases. 348
518518 (a) The registration program shall include, at a minimum, 349
519519 a uniform electronic registration form and a database for 350
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528528 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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532532 uploading and storing submitted registration forms that may be 351
533533 accessed by the appropriate local emergency management agency. 352
534534 The link to the registration form shall be easily accessible on 353
535535 each local emergency management agency's website. Upon receipt 354
536536 of a paper registration form, the local emergency management 355
537537 agency shall enter the person's registration information into 356
538538 the database. 357
539539 (b) To assist in identifying persons with special needs or 358
540540 functional limitations, home health agencies, hospices, nurse 359
541541 registries, home medical equipment providers, the Department of 360
542542 Children and Families, the Department of Health, the Agency for 361
543543 Health Care Administration, the Department of Education, the 362
544544 Agency for Persons with Disabilities, the Department of Elderly 363
545545 Affairs, the Department of Veterans' Affairs, and memory 364
546546 disorder clinics shall, and any physician licensed under chapter 365
547547 458 or chapter 459 and any pharmacy licensed under chapter 465 366
548548 may, annually provide registration information to all of their 367
549549 clients with special needs or functional limitations clients or 368
550550 their caregivers. The division shall develop a brochure that 369
551551 provides information regarding special needs and functional 370
552552 limitations shelter registration procedures. The brochure must 371
553553 be easily accessible on the division's website. All appropriate 372
554554 agencies and community -based service providers, including aging 373
555555 and disability resource centers, memory disorder clinics, home 374
556556 health care providers, ho spices, nurse registries, and home 375
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565565 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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569569 medical equipment providers, shall, and any physician licensed 376
570570 under chapter 458 or chapter 459 may, assist emergency 377
571571 management agencies by annually registering persons with special 378
572572 needs or functional limitations for special needs and functional 379
573573 limitations shelters, collecting registration information for 380
574574 persons with special needs or functional limitations as part of 381
575575 the program intake process, and establishing programs to educate 382
576576 clients about the registration process and disaster preparedness 383
577577 safety procedures. A client of a state -funded or federally 384
578578 funded service program who has a physical, mental, or cognitive 385
579579 impairment or sensory disability and who needs assistance in 386
580580 evacuating, or when in a shelter, must regist er as a person with 387
581581 special needs or functional limitations . The registration 388
582582 program shall give persons with special needs or functional 389
583583 limitations the option of preauthorizing emergency response 390
584584 personnel to enter their homes during search and rescue 391
585585 operations if necessary to ensure their safety and welfare 392
586586 following disasters. 393
587587 (c) The division shall be the designated lead agency 394
588588 responsible for community education and outreach to the public, 395
589589 including clients with special needs and functional limitat ions 396
590590 clients, regarding registration and special needs and functional 397
591591 limitations shelters and general information regarding shelter 398
592592 stays. 399
593593 (d) On or before May 31 of each year, each electric 400
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602602 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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606606 utility in the state shall annually notify residential custome rs 401
607607 in its service area of the availability of the registration 402
608608 program available through their local emergency management 403
609609 agency by: 404
610610 1. An initial notification upon the activation of new 405
611611 residential service with the electric utility, followed by one 406
612612 annual notification between January 1 and May 31; or 407
613613 2. Two separate annual notifications between January 1 and 408
614614 May 31. 409
615615 410
616616 The notification may be made by any available means, including, 411
617617 but not limited to, written, electronic, or verbal notification, 412
618618 and may be made concurrently with any other notification to 413
619619 residential customers required by law or rule. 414
620620 (3) A person with special needs or functional limitations 415
621621 must be allowed to bring his or her service animal into a 416
622622 special needs and functional limitation s shelter in accordance 417
623623 with s. 413.08. 418
624624 (4) All records, data, information, correspondence, and 419
625625 communications relating to the registration of persons with 420
626626 special needs or functional limitations as provided in 421
627627 subsection (1) are confidential and exempt from s. 119.07(1), 422
628628 except that such information shall be available to other 423
629629 emergency response agencies, as determined by the local 424
630630 emergency management director. Local law enforcement agencies 425
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639639 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640640
641641
642642
643643 shall be given complete shelter roster information upon reques t. 426
644644 Section 8. Section 252.357, Florida Statutes, is amended 427
645645 to read: 428
646646 252.357 Monitoring of nursing homes and assisted living 429
647647 facilities during disaster. —The Florida Comprehensive Emergency 430
648648 Management Plan shall permit the Agency for Health Care 431
649649 Administration, working from the agency's offices or in the 432
650650 Emergency Operations Center, ESF -8, to make initial contact with 433
651651 each nursing home, independent living facility, and assisted 434
652652 living facility in the disaster area. The agency, by July 15, 435
653653 annually, shall publish on the Internet an emergency telephone 436
654654 number that may be used by nursing homes and assisted living 437
655655 facilities to contact the agency on a schedule established by 438
656656 the agency to report requests for assistance. The agency may 439
657657 also provide the telephone number to each facility when it makes 440
658658 the initial facility call. 441
659659 Section 9. Section 252.359, Florida Statutes, is amended 442
660660 to read: 443
661661 252.359 Ensuring availability of emergency supplies. — 444
662662 (1) In order to meet the needs of residents affected 445
663663 during a declared emergency and to ensure the continuing 446
664664 economic resilience of communities impacted by disaster, the 447
665665 division shall establish a statewide system to facilitate the 448
666666 transport and distribution of essentials in commerce. 449
667667 (2) As used in this section, the term "essentials" means 450
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676676 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677677
678678
679679
680680 goods that are consumed or used as a direct result of a declared 451
681681 emergency, or that are consumed or used to preserve, protect, or 452
682682 sustain life, health, safety, or economic well -being. The term 453
683683 includes, but is not limit ed to, personal protective equipment 454
684684 used in the event of a public health emergency. 455
685685 (3) The division, as a function of emergency preparation, 456
686686 response, and recovery, may facilitate shall develop a system to 457
687687 certify each person who facilitates the transport or 458
688688 distribution of essentials in commerce. The division may not 459
689689 certify a person other than a person who routinely transports or 460
690690 distributes essentials. In developing the system, the division : 461
691691 (a) May provide for a preemergency or postemergency 462
692692 transportation of essentials declaration certification . 463
693693 (b) Shall allow the certification of an employer, if 464
694694 requested by the employer, to constitute a certification of the 465
695695 employer's employees. 466
696696 (c) Shall create an easily recognizable indicium of 467
697697 certification to assist local officials' efforts in determining 468
698698 which persons have been certified under this subsection. 469
699699 (d) Shall limit the duration of each certificate to no 470
700700 more than 1 year. Each certificate may be renewed so long as the 471
701701 criteria for certificat ion are met. 472
702702 (4) A person authorized to transport essentials or 473
703703 employer certified under subsection (3) is not required to 474
704704 obtain any additional certification or fulfill any additional 475
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713713 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714714
715715
716716
717717 requirement to transport or distribute essentials. 476
718718 (5) Notwithstanding any curfew, restriction, road block, 477
719719 quarantine, or other limitation on access to an area, a person 478
720720 authorized or employer certified under subsection (3) to deliver 479
721721 essentials may enter or remain in the restricted curfew area for 480
722722 the limited purpose of facilitating the transport or 481
723723 distribution of essentials and may provide service that exceeds 482
724724 otherwise applicable hours of service maximums to the extent 483
725725 authorized by a duly executed declaration of a state of 484
726726 emergency. Local law enforcement shall cooperate with the 485
727727 division to ensure the availability of essentials under this 486
728728 section. 487
729729 (6) This section does not prohibit a law enforcement 488
730730 officer from specifying the permissible route of ingress or 489
731731 egress for a person authorized certified under subsection (3). 490
732732 Notwithstanding this section, all state roadways are determined 491
733733 by the Florida Highway Patrol in coordination with the 492
734734 Department of Transportation. 493
735735 Section 10. Subsections (2) and (4) of section 252.365, 494
736736 Florida Statutes, are am ended to read: 495
737737 252.365 Emergency coordination officers; disaster -496
738738 preparedness plans.— 497
739739 (2) The emergency coordination officer is responsible for 498
740740 coordinating with the division on emergency preparedness issues 499
741741 and long-term recovery priorities , preparing and maintaining 500
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750750 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751751
752752
753753
754754 emergency preparedness and postdisaster response and recovery 501
755755 plans for such agency, maintaining rosters of personnel to 502
756756 assist in disaster response and recovery operations, and 503
757757 coordinating appropriate training for agency personnel. 504
758758 (4) On or before May 1 of each year, the head of each 505
759759 agency shall notify the Governor and the division in writing of 506
760760 the person initially designated as the emergency coordination 507
761761 officer for such agency and her or his alternate and of any 508
762762 changes in persons so designated thereafter. 509
763763 Section 11. Subsection (4) is added to section 252.373, 510
764764 Florida Statutes, to read: 511
765765 252.373 Allocation of funds; rules. — 512
766766 (4) The division may use up to 1 percent of the total 513
767767 amount within the fund to administer this sectio n. 514
768768 Section 12. Subsections (2) and (3) of section 252.385, 515
769769 Florida Statutes, are amended to read: 516
770770 252.385 Public shelter space; public records exemption. — 517
771771 (2)(a) The division shall administer a program to survey 518
772772 existing schools, universities, comm unity colleges, and other 519
773773 state-owned, municipally owned, and county -owned public 520
774774 buildings and any private facility that the owner, in writing, 521
775775 agrees to provide for use as a public hurricane evacuation 522
776776 shelter to identify those that are appropriately des igned and 523
777777 located to serve as such shelters. The owners of the facilities 524
778778 must be given the opportunity to participate in the surveys. The 525
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787787 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788788
789789
790790
791791 state university boards of trustees, district school boards, 526
792792 community college boards of trustees, and the Department of 527
793793 Education are responsible for coordinating and implementing the 528
794794 survey of public schools, universities, and community colleges 529
795795 with the division or the local emergency management agency. 530
796796 (b) By January 31 of each even -numbered year, the division 531
797797 shall prepare and submit a statewide emergency shelter plan to 532
798798 the Governor and Cabinet for approval, subject to the 533
799799 requirements for approval in s. 1013.37(2). The emergency 534
800800 shelter plan must project, for each of the next 5 years, the 535
801801 hurricane shelter needs of the state, including periods of time 536
802802 during which a concurrent public health emergency may 537
803803 necessitate more space for each individual to accommodate 538
804804 physical distancing. In addition to information on the general 539
805805 shelter needs throughout this state, the plan must identify the 540
806806 general location and square footage of special needs shelters, 541
807807 by regional planning council region. The plan must also include 542
808808 information on the availability of shelters that accept pets. 543
809809 The Department of Health shall assist the di vision in 544
810810 determining the estimated need for special needs shelter space 545
811811 and the adequacy of facilities to meet the needs of persons with 546
812812 special needs based on information from the registries of 547
813813 persons with special needs and other information. 548
814814 (3)(a) The division shall annually provide to the 549
815815 President of the Senate, the Speaker of the House of 550
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824824 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825825
826826
827827
828828 Representatives, and the Governor a list of facilities 551
829829 recommended to be retrofitted using state funds. State funds 552
830830 should be maximized and targeted to counties regional planning 553
831831 council regions with hurricane evacuation shelter deficits. The 554
832832 owner or lessee of a public hurricane evacuation shelter that is 555
833833 included on the list of facilities recommended for retrofitting 556
834834 is not required to perform any recommended im provements. 557
835835 (b) The list required in paragraph (a) must include a 558
836836 statewide emergency shelter plan that must project, for each of 559
837837 the next 5 years, the hurricane shelter needs of the state. In 560
838838 addition to information on the general shelter needs througho ut 561
839839 this state, the plan must identify, by county, the general 562
840840 location and square footage of special needs and functional 563
841841 limitations shelters. The plan must also include information on 564
842842 the availability of shelters that accept pets. The Department of 565
843843 Health shall assist the division in determining the estimated 566
844844 need for special needs and functional limitations shelter space 567
845845 and the adequacy of facilities to meet the needs of persons with 568
846846 special needs and functional limitations based on information 569
847847 from the registries of persons with special needs and functional 570
848848 limitations and other information. 571
849849 Section 13. Subsection (2) of section 282.201, Florida 572
850850 Statutes, is amended to read: 573
851851 282.201 State data center. —The state data center is 574
852852 established within the department. The provision of data center 575
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861861 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862862
863863
864864
865865 services must comply with applicable state and federal laws, 576
866866 regulations, and policies, including all applicable security, 577
867867 privacy, and auditing requirements. The department shall appoint 578
868868 a director of the state data center who has experience in 579
869869 leading data center facilities and has expertise in cloud -580
870870 computing management. 581
871871 (2) USE OF THE STATE DATA CENTER. — 582
872872 (a) The following are exempt f rom the use of the state 583
873873 data center: the Department of Law Enforcement, the Florida 584
874874 Division of Emergency Management, the Department of the 585
875875 Lottery's Gaming System, Systems Design and Development in the 586
876876 Office of Policy and Budget, the regional traffic ma nagement 587
877877 centers as described in s. 335.14(2) and the Office of Toll 588
878878 Operations of the Department of Transportation, the State Board 589
879879 of Administration, state attorneys, public defenders, criminal 590
880880 conflict and civil regional counsel, capital collateral regi onal 591
881881 counsel, and the Florida Housing Finance Corporation. 592
882882 (b) The Division of Emergency Management is exempt from 593
883883 the use of the state data center. This paragraph expires July 1, 594
884884 2025. 595
885885 Section 14. Subsection (7) of section 403.7071, Florida 596
886886 Statutes, is amended, and subsection (8) is added to that 597
887887 section, to read: 598
888888 403.7071 Management of storm -generated debris.—Solid waste 599
889889 generated as a result of a storm event that is the subject of an 600
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898898 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
899899
900900
901901
902902 emergency order issued by the department may be managed as 601
903903 follows: 602
904904 (7) Unless otherwise specified in a contract or franchise 603
905905 agreement between a local government and a private solid waste 604
906906 or debris management service provider, a private solid waste or 605
907907 debris management service provider is not required to collect 606
908908 storm-generated yard trash during the first 90 days after an 607
909909 emergency order is issued by the department. Local governments 608
910910 are authorized and encouraged to add an addendum to existing 609
911911 contracts or franchise agreements to perform collection of 610
912912 storm-generated debris. 611
913913 (8)(a) Each county, municipality, community development 612
914914 district, and political subdivision must authorize at least one 613
915915 debris management site and annually complete preauthorization 614
916916 for previously approved debris management sites through the 615
917917 department. For the purposes of this paragraph, a debris site 616
918918 designated by the Division of Emergency Management pursuant to 617
919919 s. 252.35(2)(dd), is considered a previously approved debris 618
920920 management site. 619
921921 (b) A municipality, community development district, or 620
922922 political subdivision with a population of less than 5,000 may 621
923923 jointly preauthorize at least one debris management site with at 622
924924 least one adjacent municipality, if the parties develop and 623
925925 approve a memorandum of understanding. Such memorandum must 624
926926 clearly outline the capacity of the debris management site and 625
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935935 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
936936
937937
938938
939939 location of the site relative to each party. The memorandum of 626
940940 understanding must be developed and approved annually as part of 627
941941 the preauthorization process described in paragraph (a). 628
942942 (c) A preauthorized debris management site shall not 629
943943 require additional inspection or review by the department before 630
944944 being used during a natural disaster if the approval process has 631
945945 been fully completed and all practices are allowed under 632
946946 department rules. 633
947947 634
948948 Section 15. Subsection (8) of section 526.141, Florida 635
949949 Statutes, is renumbered as subsection (9), and a new subsection 636
950950 (8) is added to that section, to read: 637
951951 526.141 Self-service gasoline stations; attendants; 638
952952 regulations.— 639
953953 (8) A self-service gasoline station must be equipped with 640
954954 an alternate power source, such as a generator. 641
955955 Section 16. Subsection (4) of section 252.356, Florida 642
956956 Statutes, is amended to read: 643
957957 252.356 Emergency and disaster planning provisions to 644
958958 assist persons with disabilities or limitations.—State agencies 645
959959 that contract with providers for the care of persons with 646
960960 disabilities or limitations that make such persons dependent 647
961961 upon the care of others shall include emergency and disaster 648
962962 planning provisions in such contracts at the time the contracts 649
963963 are initiated or upon renewal. These provisions shall include, 650
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972972 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
973973
974974
975975
976976 but shall not be limited to: 651
977977 (4) A procedure to dispatch the emergency coordinating 652
978978 officer or other staff members to special needs and functional 653
979979 limitations shelters to assist clients with special needs and 654
980980 functional limitations , if necessary. 655
981981 Section 17. Subsection (7) of section 381.0011, Florida 656
982982 Statutes, is amended to read: 657
983983 381.0011 Duties and powers of the Department of Health. —It 658
984984 is the duty of the Department of Health to: 659
985985 (7) Manage and coordinate emergency preparedness and 660
986986 disaster response functions to: investigate and control the 661
987987 spread of disease; coordinate the availability and staffing of 662
988988 special needs and functional limitations shelters; support 663
989989 patient evacuation; ensure the safety of food and drugs; provide 664
990990 critical incident stress debriefing; and provide surveillance 665
991991 and control of radiological, chemical, biological, and other 666
992992 environmental hazards. 667
993993 Section 18. Section 381.0303, Florida Statutes , is amended 668
994994 to read: 669
995995 381.0303 Special needs and functional limitations 670
996996 shelters.— 671
997997 (1) PURPOSE.—The purpose of this section is to provide for 672
998998 the operation and closure of special needs and functional 673
999999 limitations shelters and to designate the Department of Health, 674
10001000 through its county health departments, as the lead agency for 675
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10091009 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10101010
10111011
10121012
10131013 coordination of the recruitment of health care practitioners, as 676
10141014 defined in s. 456.001(4), to staff special needs and functional 677
10151015 limitations shelters in times of emergency or disaste r and to 678
10161016 provide resources to the department to carry out this 679
10171017 responsibility. However, nothing in this section prohibits a 680
10181018 county health department from entering into an agreement with a 681
10191019 local emergency management agency to assume the lead 682
10201020 responsibility for recruiting health care practitioners. 683
10211021 (2) SPECIAL NEEDS AND FUNCTIONAL LIMITATIONS SHELTER PLAN; 684
10221022 STAFFING; STATE AGENCY ASSISTANCE. —If funds have been 685
10231023 appropriated to support disaster coordinator positions in county 686
10241024 health departments: 687
10251025 (a) The department shall assume lead responsibility for 688
10261026 the coordination of local medical and health care providers, the 689
10271027 American Red Cross, and other interested parties in developing a 690
10281028 plan for the staffing and medical management of special needs 691
10291029 and functional limit ations shelters and pediatric special needs 692
10301030 and functional limitations shelters. Plans must conform to the 693
10311031 local comprehensive emergency management plan. 694
10321032 (b) County health departments shall, in conjunction with 695
10331033 the local emergency management agencies, ha ve the lead 696
10341034 responsibility for coordination of the recruitment of health 697
10351035 care practitioners to staff local special needs and functional 698
10361036 limitations shelters. County health departments shall assign 699
10371037 their employees to work in special needs and functional 700
10381038
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10461046 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10471047
10481048
10491049
10501050 limitations shelters when those employees are needed to protect 701
10511051 the health and safety of persons with special needs and 702
10521052 functional limitations . County governments shall assist the 703
10531053 department with nonmedical staffing and the operation of special 704
10541054 needs and functional limitations shelters. The local health 705
10551055 department and emergency management agency shall coordinate 706
10561056 these efforts to ensure appropriate staffing in special needs 707
10571057 and functional limitations shelters, including a staff member 708
10581058 who is familiar with the n eeds of persons with Alzheimer's 709
10591059 disease. 710
10601060 (c) The appropriate county health department and local 711
10611061 emergency management agency shall jointly decide who has 712
10621062 responsibility for medical supervision in each special needs and 713
10631063 functional limitations shelter. 714
10641064 (d) Local emergency management agencies shall be 715
10651065 responsible for the designation and operation of special needs 716
10661066 and functional limitations shelters during times of emergency or 717
10671067 disaster and the closure of the facilities following an 718
10681068 emergency or disaster. T he local health department and emergency 719
10691069 management agency shall coordinate these efforts to ensure the 720
10701070 appropriate designation and operation of special needs and 721
10711071 functional limitations shelters. County health departments shall 722
10721072 assist the local emergency m anagement agency with regard to the 723
10731073 management of medical services in special needs and functional 724
10741074 limitations shelters. 725
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10831083 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10841084
10851085
10861086
10871087 (e) The Secretary of Elderly Affairs, or his or her 726
10881088 designee, shall convene, at any time that he or she deems 727
10891089 appropriate and necessa ry, a multiagency special needs and 728
10901090 functional limitations shelter discharge planning team to assist 729
10911091 local areas that are severely impacted by a natural or manmade 730
10921092 disaster that requires the use of special needs and functional 731
10931093 limitations shelters. Multiagency special needs and functional 732
10941094 limitations shelter discharge planning teams shall provide 733
10951095 assistance to local emergency management agencies with the 734
10961096 continued operation or closure of the shelters, as well as with 735
10971097 the discharge of clients with special needs or functional 736
10981098 limitations clients to alternate facilities if necessary. Local 737
10991099 emergency management agencies may request the assistance of a 738
11001100 multiagency special needs and functional limitations shelter 739
11011101 discharge planning team by alerting statewide emerg ency 740
11021102 management officials of the necessity for additional assistance 741
11031103 in their area. The Secretary of Elderly Affairs is encouraged to 742
11041104 proactively work with other state agencies prior to any natural 743
11051105 disasters for which warnings are provided to ensure that 744
11061106 multiagency special needs and functional limitations shelter 745
11071107 discharge planning teams are ready to assemble and deploy 746
11081108 rapidly upon a determination by state emergency management 747
11091109 officials that a disaster area requires additional assistance. 748
11101110 The Secretary of Elderly Affairs may call upon any state agency 749
11111111 or office to provide staff to assist a multiagency special needs 750
11121112
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11201120 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11211121
11221122
11231123
11241124 and functional limitations shelter discharge planning team. 751
11251125 Unless the secretary determines that the nature or circumstances 752
11261126 surrounding the disaster do not warrant participation from a 753
11271127 particular agency's staff, each multiagency special needs and 754
11281128 functional limitations shelter discharge planning team shall 755
11291129 include at least one representative from each of the following 756
11301130 state agencies: 757
11311131 1. Department of Elderly Affairs. 758
11321132 2. Department of Health. 759
11331133 3. Department of Children and Families. 760
11341134 4. Department of Veterans' Affairs. 761
11351135 5. Division of Emergency Management. 762
11361136 6. Agency for Health Care Administration. 763
11371137 7. Agency for Persons with Disabilities. 764
11381138 (3) SPECIAL CARE FOR PERSONS WITH ALZHEIMER'S D ISEASE OR 765
11391139 RELATED FORMS OF DEMENTIA. —All special needs and functional 766
11401140 limitations shelters must establish designated shelter areas for 767
11411141 persons with Alzheimer's disease or related forms of dementia to 768
11421142 enable those persons to maintain their normal habits and 769
11431143 routines to the greatest extent possible. 770
11441144 (4) REIMBURSEMENT TO HEALTH CARE PRACTITIONERS AND 771
11451145 FACILITIES.— 772
11461146 (a) The department shall, upon request, reimburse in 773
11471147 accordance with paragraph (b): 774
11481148 1. Health care practitioners, as defined in s. 456.001, 775
11491149
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11571157 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11581158
11591159
11601160
11611161 provided the practitioner is not providing care to a patient 776
11621162 under an existing contract, and emergency medical technicians 777
11631163 and paramedics licensed under chapter 401 for medical care 778
11641164 provided at the request of the department in special needs and 779
11651165 functional limitations shelters or at other locations during 780
11661166 times of emergency or a declared disaster. Reimbursement for 781
11671167 health care practitioners, except for physicians licensed under 782
11681168 chapter 458 or chapter 459, shall be based on the average hourly 783
11691169 rate that such practitioners were paid according to the most 784
11701170 recent survey of Florida hospitals conducted by the Florida 785
11711171 Hospital Association or other nationally recognized or state -786
11721172 recognized data source. 787
11731173 2. Health care facilities, such as hospitals, nursing 788
11741174 homes, assisted living facilities, and community residential 789
11751175 homes, if, upon closure of a special needs and functional 790
11761176 limitations shelter, a multiagency special needs and functional 791
11771177 limitations shelter discharge planning team determines that it 792
11781178 is necessary to dischar ge persons with special needs or 793
11791179 functional limitations to other health care facilities. The 794
11801180 receiving facilities are eligible for reimbursement for services 795
11811181 provided to the individuals for up to 90 days. A facility must 796
11821182 show proof of a written request fro m a representative of an 797
11831183 agency serving on the multiagency special needs and functional 798
11841184 limitations shelter discharge planning team that the individual 799
11851185 for whom the facility is seeking reimbursement for services 800
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11941194 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11951195
11961196
11971197
11981198 rendered was referred to that facility from a special needs and 801
11991199 functional limitations shelter. The department shall specify by 802
12001200 rule which expenses are reimbursable and the rate of 803
12011201 reimbursement for each service. 804
12021202 (b) Reimbursement is subject to the availability of 805
12031203 federal funds and shall be requested on forms prepared by the 806
12041204 department. If a Presidential Disaster Declaration has been 807
12051205 issued, the department shall request federal reimbursement of 808
12061206 eligible expenditures. The department may not provide 809
12071207 reimbursement to facilities under this subsection for services 810
12081208 provided to a person with special needs or functional 811
12091209 limitations if, during the period of time in which the services 812
12101210 were provided, the individual was enroll ed in another state-813
12111211 funded program, such as Medicaid or another similar program, was 814
12121212 covered under a policy of health insurance as defined in s. 815
12131213 624.603, or was a member of a health maintenance organization or 816
12141214 prepaid health clinic as defined in chapter 64 1, which would 817
12151215 otherwise pay for the same services. Travel expense and per diem 818
12161216 costs shall be reimbursed pursuant to s. 112.061. 819
12171217 (5) HEALTH CARE PRACTITIONER REGISTRY. —The department may 820
12181218 use the registries established in ss. 401.273 and 456.38 when 821
12191219 health care practitioners are needed to staff special needs and 822
12201220 functional limitations shelters or to assist with other 823
12211221 disaster-related activities. 824
12221222 (6) SPECIAL NEEDS AND FUNCTIONAL LIMITATIONS SHELTER 825
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12311231 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
12321232
12331233
12341234
12351235 INTERAGENCY COMMITTEE. —The State Surgeon General may est ablish a 826
12361236 special needs and functional limitations shelter interagency 827
12371237 committee and serve as, or appoint a designee to serve as, the 828
12381238 committee's chair. The department shall provide any necessary 829
12391239 staff and resources to support the committee in the performan ce 830
12401240 of its duties. The committee shall address and resolve problems 831
12411241 related to special needs and functional limitations shelters not 832
12421242 addressed in the state comprehensive emergency medical plan and 833
12431243 shall consult on the planning and operation of special needs and 834
12441244 functional limitations shelters. 835
12451245 (a) The committee shall develop, negotiate, and regularly 836
12461246 review any necessary interagency agreements, and undertake other 837
12471247 such activities as the department deems necessary to facilitate 838
12481248 the implementation of this se ction. 839
12491249 (b) The special needs and functional limitations shelter 840
12501250 interagency committee shall be composed of representatives of 841
12511251 emergency management, health, medical, and social services 842
12521252 organizations. Membership shall include, but shall not be 843
12531253 limited to, representatives of the Departments of Health, 844
12541254 Children and Families, Elderly Affairs, and Education; the 845
12551255 Agency for Health Care Administration; the Division of Emergency 846
12561256 Management; the Florida Medical Association; the Florida 847
12571257 Osteopathic Medical Associat ion; Associated Home Health 848
12581258 Industries of Florida, Inc.; the Florida Nurses Association; the 849
12591259 Florida Health Care Association; the Florida Assisted Living 850
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12681268 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
12691269
12701270
12711271
12721272 Affiliation; the Florida Hospital Association; the Florida 851
12731273 Statutory Teaching Hospital Council; the Fl orida Association of 852
12741274 Homes for the Aging; the Florida Emergency Preparedness 853
12751275 Association; the American Red Cross; Florida Hospices and 854
12761276 Palliative Care, Inc.; the Association of Community Hospitals 855
12771277 and Health Systems; the Florida Association of Health 856
12781278 Maintenance Organizations; the Florida League of Health Systems; 857
12791279 the Private Care Association; the Salvation Army; the Florida 858
12801280 Association of Aging Services Providers; the AARP; and the 859
12811281 Florida Renal Coalition. 860
12821282 (c) Meetings of the committee shall be held in 861
12831283 Tallahassee, and members of the committee shall serve at the 862
12841284 expense of the agencies or organizations they represent. The 863
12851285 committee shall make every effort to use teleconference or video 864
12861286 conference capabilities in order to ensure statewide input and 865
12871287 participation. 866
12881288 (7) RULES.—The department, in coordination with the 867
12891289 Division of Emergency Management, has the authority to adopt 868
12901290 rules necessary to implement this section. Rules shall include: 869
12911291 (a) The definition of a "person with special needs or 870
12921292 functional limitations," including eligibility criteria for 871
12931293 individuals with physical, mental, cognitive impairment, or 872
12941294 sensory disabilities and the services a person with special 873
12951295 needs or functional limitations can expect to receive in a 874
12961296 special needs and functional limitations shelter. 875
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13051305 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13061306
13071307
13081308
13091309 (b) The process for special needs and functional 876
13101310 limitations shelter health care practitioners and facility 877
13111311 reimbursement for services provided in a disaster. 878
13121312 (c) Guidelines for special needs and functional 879
13131313 limitations shelter staffing levels to provide services. 880
13141314 (d) The definition of and standards for special needs and 881
13151315 functional limitations shelter supplies and equipment, including 882
13161316 durable medical equipment. 883
13171317 (e) Standards for the special needs and functional 884
13181318 limitations shelter registration program, including all 885
13191319 necessary forms and guidelines for addressing the needs of 886
13201320 unregistered persons in need of a special needs and functional 887
13211321 limitations shelter. 888
13221322 (f) Standards for addressing the needs of families where 889
13231323 only one dependent is eligible for admission to a special needs 890
13241324 and functional limitations shelter and the needs of adults with 891
13251325 special needs and functional limitations who are caregivers for 892
13261326 individuals without special needs or functional limitations . 893
13271327 (g) The requirement of the county health departments to 894
13281328 seek the participation of hospitals, nursing homes, assisted 895
13291329 living facilities, home health agencies, hospice providers, 896
13301330 nurse registries, home medical equipment providers, dialysis 897
13311331 centers, and other health and medica l emergency preparedness 898
13321332 stakeholders in pre-event planning activities. 899
13331333 (8) EMERGENCY MANAGEMENT PLANS. —The submission of 900
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13421342 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13431343
13441344
13451345
13461346 emergency management plans to county health departments by home 901
13471347 health agencies, nurse registries, hospice programs, and home 902
13481348 medical equipment providers is conditional upon receipt of an 903
13491349 appropriation by the department to establish disaster 904
13501350 coordinator positions in county health departments unless the 905
13511351 State Surgeon General and a local county commission jointly 906
13521352 determine to require tha t such plans be submitted based on a 907
13531353 determination that there is a special need to protect public 908
13541354 health in the local area during an emergency. 909
13551355 Section 19. Section 400.492, Florida Statutes, is amended 910
13561356 to read: 911
13571357 400.492 Provision of services during an emergency.—Each 912
13581358 home health agency shall prepare and maintain a comprehensive 913
13591359 emergency management plan that is consistent with the standards 914
13601360 adopted by national or state accreditation organizations and 915
13611361 consistent with the local special needs plan. The pl an shall be 916
13621362 updated annually and shall provide for continuing home health 917
13631363 services during an emergency that interrupts patient care or 918
13641364 services in the patient's home. The plan shall include the means 919
13651365 by which the home health agency will continue to provide staff 920
13661366 to perform the same type and quantity of services to their 921
13671367 patients who evacuate to special needs and functional 922
13681368 limitations shelters that were being provided to those patients 923
13691369 prior to evacuation. The plan shall describe how the home health 924
13701370 agency establishes and maintains an effective response to 925
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13791379 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13801380
13811381
13821382
13831383 emergencies and disasters, including: notifying staff when 926
13841384 emergency response measures are initiated; providing for 927
13851385 communication between staff members, county health departments, 928
13861386 and local emergency manag ement agencies, including a backup 929
13871387 system; identifying resources necessary to continue essential 930
13881388 care or services or referrals to other health care providers 931
13891389 subject to written agreement; and prioritizing and contacting 932
13901390 patients who need continued care or services. 933
13911391 (1) Each patient record for patients who are listed in the 934
13921392 registry established pursuant to s. 252.355 shall include a 935
13931393 description of how care or services will be continued in the 936
13941394 event of an emergency or disaster. The home health agency shall 937
13951395 discuss the emergency provisions with the patient and the 938
13961396 patient's caregivers, including where and how the patient is to 939
13971397 evacuate, procedures for notifying the home health agency in the 940
13981398 event that the patient evacuates to a location other than the 941
13991399 shelter identified in the patient record, and a list of 942
14001400 medications and equipment which must either accompany the 943
14011401 patient or will be needed by the patient in the event of an 944
14021402 evacuation. 945
14031403 (2) Each home health agency shall maintain a current 946
14041404 prioritized list of pa tients who need continued services during 947
14051405 an emergency. The list shall indicate how services shall be 948
14061406 continued in the event of an emergency or disaster for each 949
14071407 patient and if the patient is to be transported to a special 950
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14161416 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
14171417
14181418
14191419
14201420 needs and functional limitations shelter, and shall indicate if 951
14211421 the patient is receiving skilled nursing services and the 952
14221422 patient's medication and equipment needs. The list shall be 953
14231423 furnished to county health departments and to local emergency 954
14241424 management agencies, upon request. 955
14251425 (3) Home health agencies shall not be required to continue 956
14261426 to provide care to patients in emergency situations that are 957
14271427 beyond their control and that make it impossible to provide 958
14281428 services, such as when roads are impassable or when patients do 959
14291429 not go to the locati on specified in their patient records. Home 960
14301430 health agencies may establish links to local emergency 961
14311431 operations centers to determine a mechanism by which to approach 962
14321432 specific areas within a disaster area in order for the agency to 963
14331433 reach its clients. Home hea lth agencies shall demonstrate a good 964
14341434 faith effort to comply with the requirements of this subsection 965
14351435 by documenting attempts of staff to follow procedures outlined 966
14361436 in the home health agency's comprehensive emergency management 967
14371437 plan, and by the patient's r ecord, which support a finding that 968
14381438 the provision of continuing care has been attempted for those 969
14391439 patients who have been identified as needing care by the home 970
14401440 health agency and registered under s. 252.355, in the event of 971
14411441 an emergency or disaster under su bsection (1). 972
14421442 (4) Notwithstanding the provisions of s. 400.464(2) or any 973
14431443 other provision of law to the contrary, a home health agency may 974
14441444 provide services in a special needs and functional limitations 975
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14531453 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
14541454
14551455
14561456
14571457 shelter located in any county. 976
14581458 Section 20. Subsection (12) of section 400.506, Florida 977
14591459 Statutes, is amended to read: 978
14601460 400.506 Licensure of nurse registries; requirements; 979
14611461 penalties.— 980
14621462 (12) Each nurse registry shall prepare and maintain a 981
14631463 comprehensive emergency management plan that is consistent with 982
14641464 the criteria in this subsection and with the local special needs 983
14651465 plan. The plan shall be updated annually. The plan shall include 984
14661466 the means by which the nurse registry will continue to provide 985
14671467 the same type and quantity of services to its patients who 986
14681468 evacuate to special needs and functional limitations shelters 987
14691469 which were being provided to those patients prior to evacuation. 988
14701470 The plan shall specify how the nurse registry shall facilitate 989
14711471 the provision of continuous care by persons referred for 990
14721472 contract to persons who are registered pursuant to s. 252.355 991
14731473 during an emergency that interrupts the provision of care or 992
14741474 services in private residences. Nurse registries may establish 993
14751475 links to local emergency operations centers to determine a 994
14761476 mechanism by which to app roach specific areas within a disaster 995
14771477 area in order for a provider to reach its clients. Nurse 996
14781478 registries shall demonstrate a good faith effort to comply with 997
14791479 the requirements of this subsection by documenting attempts of 998
14801480 staff to follow procedures outlin ed in the nurse registry's 999
14811481 comprehensive emergency management plan which support a finding 1000
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14901490 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
14911491
14921492
14931493
14941494 that the provision of continuing care has been attempted for 1001
14951495 patients identified as needing care by the nurse registry and 1002
14961496 registered under s. 252.355 in the event o f an emergency under 1003
14971497 this subsection. 1004
14981498 (a) All persons referred for contract who care for persons 1005
14991499 registered pursuant to s. 252.355 must include in the patient 1006
15001500 record a description of how care will be continued during a 1007
15011501 disaster or emergency that interrup ts the provision of care in 1008
15021502 the patient's home. It shall be the responsibility of the person 1009
15031503 referred for contract to ensure that continuous care is 1010
15041504 provided. 1011
15051505 (b) Each nurse registry shall maintain a current 1012
15061506 prioritized list of patients in private reside nces who are 1013
15071507 registered pursuant to s. 252.355 and are under the care of 1014
15081508 persons referred for contract and who need continued services 1015
15091509 during an emergency. This list shall indicate, for each patient, 1016
15101510 if the client is to be transported to a special needs and 1017
15111511 functional limitations shelter and if the patient is receiving 1018
15121512 skilled nursing services. Nurse registries shall make this list 1019
15131513 available to county health departments and to local emergency 1020
15141514 management agencies upon request. 1021
15151515 (c) Each person referred for contract who is caring for a 1022
15161516 patient who is registered pursuant to s. 252.355 shall provide a 1023
15171517 list of the patient's medication and equipment needs to the 1024
15181518 nurse registry. Each person referred for contract shall make 1025
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15271527 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
15281528
15291529
15301530
15311531 this information available to county heal th departments and to 1026
15321532 local emergency management agencies upon request. 1027
15331533 (d) Each person referred for contract shall not be 1028
15341534 required to continue to provide care to patients in emergency 1029
15351535 situations that are beyond the person's control and that make it 1030
15361536 impossible to provide services, such as when roads are 1031
15371537 impassable or when patients do not go to the location specified 1032
15381538 in their patient records. 1033
15391539 (e) The comprehensive emergency management plan required 1034
15401540 by this subsection is subject to review and approval by the 1035
15411541 county health department. During its review, the county health 1036
15421542 department shall contact state and local health and medical 1037
15431543 stakeholders when necessary. The county health department shall 1038
15441544 complete its review to ensure that the plan complies with the 1039
15451545 criteria in the Agency for Health Care Administration rules 1040
15461546 within 90 days after receipt of the plan and shall either 1041
15471547 approve the plan or advise the nurse registry of necessary 1042
15481548 revisions. If a nurse registry fails to submit a plan or fails 1043
15491549 to submit requested information or revisions to the county 1044
15501550 health department within 30 days after written notification from 1045
15511551 the county health department, the county health department shall 1046
15521552 notify the Agency for Health Care Administration. The agency 1047
15531553 shall notify the nurse re gistry that its failure constitutes a 1048
15541554 deficiency, subject to a fine of $5,000 per occurrence. If the 1049
15551555 plan is not submitted, information is not provided, or revisions 1050
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15651565
15661566
15671567
15681568 are not made as requested, the agency may impose the fine. 1051
15691569 (f) The Agency for Health Care Administration shall adopt 1052
15701570 rules establishing minimum criteria for the comprehensive 1053
15711571 emergency management plan and plan updates required by this 1054
15721572 subsection, with the concurrence of the Department of Health and 1055
15731573 in consultation with the Division of Emer gency Management. 1056
15741574 Section 21. Paragraph (b) of subsection (1) of section 1057
15751575 400.610, Florida Statutes, is amended to read: 1058
15761576 400.610 Administration and management of a hospice. — 1059
15771577 (1) A hospice shall have a clearly defined organized 1060
15781578 governing body, consis ting of a minimum of seven persons who are 1061
15791579 representative of the general population of the community 1062
15801580 served. The governing body shall have autonomous authority and 1063
15811581 responsibility for the operation of the hospice and shall meet 1064
15821582 at least quarterly. The gover ning body shall: 1065
15831583 (b)1. Prepare and maintain a comprehensive emergency 1066
15841584 management plan that provides for continuing hospice services in 1067
15851585 the event of an emergency that is consistent with local special 1068
15861586 needs plans. The plan shall include provisions for ensu ring 1069
15871587 continuing care to hospice patients who go to special needs and 1070
15881588 functional limitations shelters. The plan shall include the 1071
15891589 means by which the hospice provider will continue to provide 1072
15901590 staff to provide the same type and quantity of services to their 1073
15911591 patients who evacuate to special needs and functional 1074
15921592 limitations shelters which were being provided to those patients 1075
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16011601 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
16021602
16031603
16041604
16051605 prior to evacuation. The plan is subject to review and approval 1076
16061606 by the county health department, except as provided in 1077
16071607 subparagraph 2. During its review, the county health department 1078
16081608 shall contact state and local health and medical stakeholders 1079
16091609 when necessary. The county health department shall complete its 1080
16101610 review to ensure that the plan complies with criteria in rules 1081
16111611 of the agency within 9 0 days after receipt of the plan and shall 1082
16121612 either approve the plan or advise the hospice of necessary 1083
16131613 revisions. Hospice providers may establish links to local 1084
16141614 emergency operations centers to determine a mechanism by which 1085
16151615 to approach specific areas within a disaster area in order for 1086
16161616 the provider to reach its clients. A hospice shall demonstrate a 1087
16171617 good faith effort to comply with the requirements of this 1088
16181618 paragraph by documenting attempts of staff to follow procedures 1089
16191619 as outlined in the hospice's comprehens ive emergency management 1090
16201620 plan and to provide continuing care for those hospice clients 1091
16211621 who have been identified as needing alternative caregiver 1092
16221622 services in the event of an emergency. 1093
16231623 2. For any hospice that operates in more than one county, 1094
16241624 the Department of Health during its review shall contact state 1095
16251625 and local health and medical stakeholders when necessary. The 1096
16261626 Department of Health shall complete its review to ensure that 1097
16271627 the plan complies with criteria in rules of the agency within 90 1098
16281628 days after receipt of the plan and shall approve the plan or 1099
16291629 advise the hospice of necessary revisions. The Department of 1100
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16381638 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
16391639
16401640
16411641
16421642 Health shall make every effort to avoid imposing differing 1101
16431643 requirements on a hospice that operates in more than one county 1102
16441644 as a result of differing or conflicting comprehensive plan 1103
16451645 requirements of the counties in which the hospice operates. 1104
16461646 Section 22. Paragraph (a) of subsection (20) and 1105
16471647 subsection (21) of section 400.934, Florida Statutes, is amended 1106
16481648 to read: 1107
16491649 400.934 Minimum standards. —As a requirement of licensure, 1108
16501650 home medical equipment providers shall: 1109
16511651 (20)(a) Prepare and maintain a comprehensive emergency 1110
16521652 management plan that meets minimum criteria established by 1111
16531653 agency rule under s. 400.935. The plan shall be updated annually 1112
16541654 and shall provide for continuing home medical equipment services 1113
16551655 for life-supporting or life-sustaining equipment, as defined in 1114
16561656 s. 400.925, during an emergency that interrupts home medical 1115
16571657 equipment services in a patient's home. The plan shall include: 1116
16581658 1. The means by which the home medical equipment provider 1117
16591659 will continue to provide equipment to perform the same type and 1118
16601660 quantity of services to its patients who evacuate to special 1119
16611661 needs and functional limitations shelters which were being 1120
16621662 provided to those patients prior to evacuation. 1121
16631663 2. The means by which the home medical equipment provider 1122
16641664 establishes and maintains an effective response to emergencies 1123
16651665 and disasters, including plans for: 1124
16661666 a. Notification of staff when emergency response measures 1125
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16751675 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
16761676
16771677
16781678
16791679 are initiated. 1126
16801680 b. Communication between staff members, county health 1127
16811681 departments, and local emergency management agencies, which 1128
16821682 includes provisions for a backup communications system. 1129
16831683 c. Identification of resources necessary to continue 1130
16841684 essential care or services or referrals to other organizations 1131
16851685 subject to written agreement. 1132
16861686 d. Contacting and prioritizing patients in need of 1133
16871687 continued medical equipment services and supplies. 1134
16881688 (21) Each home medical equipment provider shall maintain a 1135
16891689 current prioritized list of patients who need continued services 1136
16901690 during an emergency. The list shall indicate the means by which 1137
16911691 services shall be continued for each patient in the event of an 1138
16921692 emergency or disaster, whether the patient is to be transported 1139
16931693 to a special needs and functional limitations shelter, and 1140
16941694 whether the patient has life -supporting or life-sustaining 1141
16951695 equipment, including the specific type of equipment and related 1142
16961696 supplies. The list shall be furnished to county health 1143
16971697 departments and local emergency management agencies upon 1144
16981698 request. 1145
16991699 Section 23. Subsection (2) of section 401.273, Florida 1146
17001700 Statutes, is amended to read: 1147
17011701 401.273 Emergency medical technician and paramedic 1148
17021702 registry for disasters and emergencies. — 1149
17031703 (2) A certificateholder may perform the functions of an 1150
17041704
17051705 HB 1337 2025
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17081708
17091709 CODING: Words stricken are deletions; words underlined are additions.
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17121712 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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17161716 emergency medical technician or paramedic in a special needs and 1151
17171717 functional limitations shelter or as a member of a disaster 1152
17181718 medical assistance team, provided that such functions are 1153
17191719 performed only under the medical direction of a physician who is 1154
17201720 licensed under chapte r 458 or chapter 459 and who has complied 1155
17211721 with the formal supervision requirements of s. 458.348. 1156
17221722 Section 24. This act shall take effect July 1, 2025. 1157