April 19, 2014
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HB 7121

1
A bill to be entitled
2An act relating to emergency management; providing
3legislative findings with respect to the need for
4improvements in the state's infrastructure in response to
5the hurricane seasons of 2004 and 2005; providing for the
6Legislature to make funds available to local and state
7agencies through appropriations to the Department of
8Community Affairs; requiring the department to establish a
9statewide grant application process; providing criteria
10for an appropriation to fund the construction or
11renovation of county emergency operations centers and
12designated alternate state emergency operations centers;
13providing limitations on the use of such funds; requiring
14that the release of funds be approved by the Legislative
15Budget Commission; providing criteria for an appropriation
16to fund equipping public special-needs hurricane
17evacuation shelters with the permanent capacity to
18generate emergency power; providing criteria for an
19appropriation for retrofitting public hurricane evacuation
20shelters; requiring that the release of funds be approved
21by the Legislative Budget Commission; providing for funds
22to be appropriated to improve the logistical staging and
23warehouse capacity of commodities used following a
24disaster; providing for funds to be appropriated for the
25purpose of hurricane evacuation planning; providing
26appropriations; directing the Division of Emergency
27Management to conduct a feasibility study relating to the
28supply and distribution of essential commodities by
29nongovernment and private entities; creating s. 526.143,
30F.S.; providing that each motor fuel terminal facility and
31wholesaler that sells motor fuel in the state must be
32capable of operating its distribution loading racks using
33an alternate power source for a specified period by a
34certain date; providing requirements with respect to the
35operation of such equipment following a major disaster;
36providing requirements with respect to inspection of such
37equipment; requiring newly constructed or substantially
38renovated motor fuel retail outlets to be capable of
39operation using an alternate power source; defining
40"substantially renovated"; requiring certain motor fuel
41retail outlets located within a specified distance from an
42interstate highway or state or federally designated
43evacuation route to be capable of operation using an
44alternate power source by a specified date; providing
45inspection and recordkeeping requirements; providing
46applicability; creating s. 526.144, F.S.; creating the
47Florida Disaster Motor Fuel Supplier Program within the
48Department of Community Affairs; providing requirements
49for participation in the program; providing that
50participation in the program shall be at the option of
51each county; providing for administration of the program;
52providing requirements of businesses certified as State
53Emergency Response Team members; providing for preemption
54to the state of the regulation of and requirements for
55siting and placement of an alternate power source and any
56related equipment at motor fuel terminal facilities,
57wholesalers, and retail sales outlets; providing for
58preemption to the state of the regulation of certain
59retail establishments; providing for review of the
60program; providing a report; amending s. 501.160, F.S.,
61providing limiting price gouge prohibition periods;
62providing prohibition period renewal; amending s. 553.509,
63F.S., relating to requirements with respect to vertical
64accessibility under part II of ch. 553, F.S., the "Florida
65Americans With Disabilities Accessibility Implementation
66Act"; requiring specified existing and newly constructed
67residential multifamily dwellings to have at least one
68public elevator that is capable of operating on an
69alternate power source for emergency purposes; providing
70requirements with respect to the alternate power source;
71providing for verification of compliance by specified
72dates; providing requirements with respect to emergency
73operations plans and inspection records; requiring any
74person, firm, or corporation that owns, manages or
75operates specified multistory affordable residential
76dwellings to attempt to obtain grant funding to comply
77with the act; requiring an owner, manager or operator of
78such a dwelling to develop an evacuation plan in the
79absence of compliance with the act; providing additional
80inspection requirements under ch. 399, F.S., the "Elevator
81Safety Act"; amending s. 252.35, F.S.; expanding the duty
82of the Division of Emergency Management to conduct a
83public educational campaign on emergency preparedness
84issues; expanding the duty of the Division of Emergency
85Management to create and maintain lists of emergency
86generators; providing an additional duty of the division
87with respect to educational outreach concerning disaster
88preparedness; providing an appropriation to the Department
89of Community Affairs to conduct a feasibility study;
90providing severability; amending s. 252.355, F.S.;
91specifying additional entities and agencies that are
92required to provide registration information to persons
93with disabilities or special needs for purposes of
94inclusion within the registry of persons with special
95needs maintained by local emergency management agencies;
96providing that the Department of Community Affairs is the
97designated lead agency responsible for community education
98and outreach to the general public, including persons with
99special needs, regarding registration as a person with
100special needs, special needs shelters, and general
101information regarding shelter stays; providing that
102special needs shelters must allow persons with special
103needs to bring service animals into special needs
104shelters; revising provisions with respect to the required
105notification of residential utility customers of the
106availability of the special needs registration program;
107providing that specified confidential and exempt
108information relating to the roster of persons with special
109needs in special needs shelters be provided to local law
110enforcement; creating s. 252.3568, F.S.; requiring the
111Division of Emergency Management to address strategies for
112the evacuation of persons with pets in the shelter
113component of the state comprehensive emergency management
114plan; creating s. 252.357, F.S.; requiring the Florida
115Comprehensive Emergency Management Plan to permit the
116Agency for Health Care Administration to make initial
117contact with each nursing home and assisted living
118facility in a disaster area; requiring the agency to
119annually publish an emergency telephone number that may be
120used by nursing homes and assisted living facilities to
121contact the agency; amending s. 252.385, F.S., relating to
122public shelter space; requiring the Division of Emergency
123Management of the Department of Community Affairs to
124biennially prepare and submit a statewide emergency
125shelter plan to the Governor and the Cabinet for approval;
126providing plan requirements; requiring the Department of
127Health to provide specified assistance to the division;
128revising the list of those facilities that are excluded as
129being suitable for use as public hurricane evacuation
130shelters; requiring local emergency management agencies to
131coordinate with public facilities to determine readiness
132prior to activation; amending s. 381.0303, F.S.; providing
133for the operation of special needs shelters; providing
134that local Children's Medical Services offices shall
135assume lead responsibility for specified coordination with
136respect to the development of a plan for the staffing and
137medical management of pediatric special needs shelters;
138requiring that such plans conform to the local
139comprehensive emergency management plan; requiring county
140governments to assist the Department of Health with
141nonmedical staffing and operation of special needs
142shelters; requiring county health departments and
143emergency management agencies to coordinate such efforts
144to ensure appropriate staffing; providing that the
145appropriate county health department, Children's Medical
146Services office, and local emergency management agency
147shall jointly determine the responsibility for medical
148supervision in a special needs shelter; providing
149notification requirements; requiring the emergency
150management agency and the local health department to
151coordinate efforts to ensure appropriate designation,
152operation, and closure of special needs shelters;
153requiring the Secretary of Elderly Affairs to convene
154multiagency special needs shelter discharge planning teams
155to assist local areas that are severely impacted by a
156natural or manmade disaster that requires the use of
157special needs shelters; providing duties and
158responsibilities of such discharge planning teams;
159providing for the inclusion of specified state agency
160representatives on each discharge planning team; revising
161provisions relating to reimbursement of health care
162practitioners; providing for eligibility of specified
163health care facilities for reimbursement when a
164multiagency special needs shelter discharge planning team
165discharges persons with special needs to such receiving
166facilities; providing procedures and requirements with
167respect to such reimbursement; requiring the department to
168specify by rule expenses that are reimbursable and the
169rate of reimbursement for services; revising provisions
170that prescribe means of and procedures for reimbursement;
171disallowing specified reimbursements; revising provisions
172with respect to the organization, role, duties, and
173composition of the special needs shelter interagency
174committee; requiring the department to adopt specified
175rules with respect to special needs shelters; amending ss.
176400.492, 400.497, 400.506, 400.610, and 400.934, F.S.;
177revising requirements with respect to the comprehensive
178emergency management plans of home health agencies, nurse
179registries, and hospices, and providing requirements with
180respect to home medical equipment providers, to include
181the means by which continuing services will be provided to
182patients who evacuate to special needs shelters;
183authorizing the establishment of links to local emergency
184operations centers for specified purposes; revising
185requirements of a county health department with respect to
186review of a comprehensive emergency management plan
187submitted by a home health agency, nurse registry, or
188hospice; providing requirements upon failure to submit a
189plan or requested information to the department; providing
190for imposition of a fine; revising requirements of the
191Department of Health with respect to review of the plan of
192a home health agency or hospice that operates in more than
193one county; providing that the preparation and maintenance
194of a comprehensive emergency management plan by a home
195medical equipment provider is a requirement for licensure
196and must meet minimum criteria established by the Agency
197for Health Care Administration; providing plan
198requirements; providing that the plan is subject to review
199and approval by the county health department; requiring
200each home medical equipment provider to maintain a current
201prioritized list of patients who need continued services
202during an emergency; amending s. 400.925, F.S.; defining
203"life-supporting or life-sustaining equipment" for
204purposes of part X of ch. 400, F.S., relating to home
205medical equipment providers; amending s. 400.935, F.S.;
206requiring the Agency for Health Care Administration to
207adopt rules with respect to the comprehensive emergency
208management plan prepared by a home medical equipment
209services provider; amending s. 408.831, F.S.; providing
210that entities regulated or licensed by the Agency for
211Health Care Administration may exceed their licensed
212capacity to act as receiving facilities under specified
213circumstances; providing requirements while such entities
214are in an overcapacity status; providing for issuance of
215an inactive license to such licensees under specified
216conditions; providing requirements and procedures with
217respect to the issuance and reactivation of an inactive
218license; providing fees; requiring certain health
219insurance companies to waive restrictions on filling
220prescriptions during a declared State of Emergency;
221providing effective dates.
222
223Be It Enacted by the Legislature of the State of Florida:
224
225     Section 1.  The Legislature finds that there is a
226compelling need for improvements in infrastructure, as
227identified during the 2004 and 2005 hurricane seasons, in order
228to better protect the residents of this state. Based on the
229criteria specified in this section, the Legislature shall make
230funds available to local and state agencies through
231appropriations to the Department of Community Affairs for the
232purpose of enhancing public education and information,
233constructing or improving county emergency operations centers
234and designated alternate state emergency operations centers,
235providing emergency power for public special-needs hurricane
236evacuation shelters, retrofitting public hurricane evacuation
237shelters, improving logistical staging and warehouse capacity
238for commodities, and planning for hurricane evacuations. The
239criteria in this section shall be considered by the Legislature
240in determining eligibility for funding.
241     (1)(a)  The Legislature finds that county emergency
242operations centers and designated alternate state emergency
243operations centers should meet minimum criteria for structural
244survivability and sufficiency of operational space, as
245determined by assessments performed by the Department of
246Community Affairs using the structural requirements of American
247Red Cross Standard ARC 4496, "Guidelines for Hurricane
248Evacuation Shelter Selection," and based on guidance from the
249Federal Emergency Management Agency. Criteria for prioritizing
250and recommending the funding for county emergency operations
251centers and designated alternate state emergency operations
252centers include, but are not limited to, county population,
253hurricane evacuation clearance time for the vulnerable
254population of the county, structural survivability of the
255existing emergency operations center, and guidance of the
256Federal Emergency Management Agency for workspace requirements
257for the emergency operations center. First priority for funding
258recommendations shall be for county emergency operations centers
259or designated alternate state emergency operations centers where
260no survivable facility exists and where workspace deficits
261exist. Funding recommendations made pursuant to this paragraph
262may not include land acquisition; the purchase of equipment,
263furnishings, communications, or operational systems; or
264recurring expenditures. Funding recommendations must be limited
265to the construction or structural renovation of the county
266emergency operations center or designated alternate state
267emergency operations centers needed to meet the same structural
268requirements of American Red Cross Standard ARC 4496,
269"Guidelines for Hurricane Evacuation Shelter Selection," and
270national workspace recommendations. The Department of Community
271Affairs shall establish a statewide competitive grant
272application process for proposals to construct or improve county
273emergency operations centers such that those centers would, upon
274completion of the project, meet minimum criteria as specified in
275this section. The application may contain one or more
276independent proposals for:
277     1.  A construction or improvement project requesting state
278financial assistance or having received state financial
279assistance which also includes facility hardening or mitigation
280and which qualifies for funding under the federal Hazard
281Mitigation Grant Program. These proposals must document the
282commitment of all local funds needed and identify the proposed
283state and federal funding needed, based on the funding criteria
284specified in this paragraph, to complete the project for a fully
285operational county emergency operations center or designated
286alternate state emergency operations center.
287     2.  A construction or improvement project to be funded with
288local or other nonstate funds which includes facility hardening
289or mitigation and which qualifies for funding under the federal
290Hazard Mitigation Grant Program. These proposals must document
291the commitment of all local funds needed and identify the
292proposed federal funding needed, based on the funding criteria
293in this paragraph, to complete the project for a fully
294operational county emergency operations center or a designated
295alternate state emergency operations center.
296     (b)  The department shall prioritize all properly submitted
297project applications based on minimum criteria as specified in
298this section, local government participation, and documented
299need. In reviewing proposals, the department must take into
300consideration all state funds already provided for the project
301which have not been expended but which will decrease the
302project's fiscal need once expended. The amount of a project's
303cost recommended for funding by the department shall be limited
304to those costs considered reasonably necessary to meet minimum
305criteria specified in this section. The release of any funds
306specifically appropriated to implement this subsection must be
307approved by the Legislative Budget Commission. Upon completion
308of the prioritization process, and no later than November 1,
3092006, the department shall submit to the Legislative Budget
310Commission for approval a comprehensive funding proposal for the
311construction of and improvements to county emergency operations
312centers and designated alternate state emergency operations
313centers using appropriated funds. The proposal submitted to the
314Legislative Budget Commission must include a detailed
315identification of the project and the corresponding detailed
316local, state, and federal funding proposed for each project. In
317order to ensure the maximum use of federal funds that are
318available for the Hazard Mitigation Grant Program, any federal
319funds appropriated to implement this subsection which remain
320after fully allocating those funds to proposals under
321subparagraphs 1. and 2. may be used to fund proposals for
322retrofitting hurricane evacuation shelters under subsection (3).
323Any federal funds appropriated to implement this paragraph which
324remain after fully allocating those funds for proposals under
325subparagraphs 1. and 2. and subsection (3) shall be appropriated
326for distribution pursuant to chapter 9G-22, Florida
327Administrative Code. The Executive Office of the Governor may
328submit a budget amendment to transfer those funds in accordance
329with chapter 216, Florida Statutes.
330     (2)  The Legislature finds that by June 1, 2007, all
331designated public special-needs hurricane evacuation shelters
332should be equipped with permanent emergency power generating
333capacity in order to provide electrical power for necessary
334medical equipment for persons housed in the shelter and for
335heating, ventilating, and air-conditioning the facility. An
336appropriation for equipping a public special-needs hurricane
337evacuation shelter with permanent emergency power generating
338capacity may also be used in coordination with local communities
339in order to increase the number of special-needs shelter spaces
340that are available and to ensure that a sufficient number of
341public special-needs shelters are designated to meet the
342anticipated demand based on the best available data as
343determined jointly by the Department of Community Affairs and
344the Department of Health.
345     (3)  The Legislature finds that retrofitting public
346hurricane evacuation shelters is an efficient and economical
347method of accelerating the state and local efforts to reduce the
348deficit in shelter space. Criteria for assessing and
349prioritizing the funding needs for retrofitting public hurricane
350evacuation shelters include, but are not limited to, the
351project's ability to meet the structural and siting requirements
352of American Red Cross Standard ARC 4496, "Guidelines for
353Hurricane Evacuation Shelter Selection," once completed; the
354shelter needs of the local government as well as the overall
355needs of the hurricane evacuation planning region; the cost-
356effectiveness of the project in terms of the number of public
357hurricane evacuation spaces; and the priority ranking of the
358proposed project in the applicable local mitigation strategy.
359The Department of Community Affairs shall establish a statewide
360competitive grant application process for retrofitting public
361hurricane evacuation shelters to meet the minimum criteria
362specified in this section. In reviewing proposals, the
363department shall consider all state funds already provided for
364the project which have not been expended but which will decrease
365the project's fiscal need once expended. The department shall
366prioritize all properly submitted project applications based on
367criteria specified in this section and documented need. The
368release of any funds specifically appropriated to implement this
369subsection must be approved by the Legislative Budget
370Commission. Upon completion of the prioritization process, and
371no later than November 1, 2006, the department shall recommend
372funding for retrofitting public hurricane evacuation shelters to
373the Legislative Budget Commission for approval. In order to
374ensure maximum use of federal funds available for the Hazard
375Mitigation Grant Program, any federal funds appropriated to
376implement this subsection which are remaining after fully
377allocating those funds to proposals under this subsection shall
378be appropriated for distribution pursuant to chapter 9G-22,
379Florida Administrative Code. The Executive Office of the
380Governor may submit a budget amendment to transfer those funds
381in accordance with the provisions of chapter 216, Florida
382Statutes.
383     (4)  The Legislature finds that improved logistical staging
384and warehouse capacity for commodities will help ensure that
385adequate supplies, equipment, and commodities are available and
386accessible for purposes of responding to disasters. Appropriated
387funds may be used for increasing storage capacity; improving
388technologies to manage commodities; and enhancing the state's
389ability to maintain in a safe and secure manner an inventory of
390supplies, equipment, and commodities that would be needed in the
391immediate aftermath of a disaster. The release of any funds
392specifically appropriated to implement this subsection must be
393approved by the Legislative Budget Commission. The department
394shall submit a funding plan for improved logistical staging and
395warehouse capacity to the Legislative Budget Commission for
396approval by September 1, 2006. Procurement of technologies to
397perform inventory tracking and commodities management must
398comply with the provisions of s. 287.057, Florida Statutes,
399requiring competitive bids.
400     (5)  The Legislature finds that hurricane evacuation
401planning is a critical task that must be completed in the most
402effective and efficient manner possible. Appropriated funds may
403be used to update current regional evacuation plans and shall
404incorporate current transportation networks, behavioral studies,
405and vulnerability studies. In addition, funds may be used to
406perform computer-modeling analysis on the effects of storm-surge
407events. Procurement of technologies to perform the updates and
408computer modeling must comply with the provisions s. 287.057,
409Florida Statutes, requiring competitive bids.
410     Section 2.  The sum of $13.2 million in fixed capital
411outlay is appropriated from the General Revenue Fund and the sum
412of $39.6 million is appropriated from the U.S. Contributions
413Trust Fund to the Department of Community Affairs for the
414purpose of implementing the provisions of this act relating to
415providing emergency power generators in special-needs shelters
416during the 2006-2007 state fiscal year. The Department of
417Community Affairs may not use more than 5 percent of these funds
418to administer the funding provided.
419     Section 3.  The sum of $15 million in fixed capital outlay
420is appropriated from the U.S. Contributions Trust Fund to the
421Department of Community Affairs for the purpose of implementing
422the provisions of this act relating to retrofitting public
423hurricane evacuation shelters during the 2006-2007 state fiscal
424year. The Department of Community Affairs may not use more than
4255 percent of these funds to administer the funding provided.
426     Section 4.  The sum of $29 million is appropriated from the
427U.S. Contributions Trust Fund to the Department of Community
428Affairs for the purpose of implementing the provisions of this
429act relating to hurricane evacuation planning during the 2006-
4302007 state fiscal year. The Department of Community Affairs may
431not use more than 5 percent of these funds to administer the
432funding provided.
433     Section 5.  The sum of $2.1 million in recurring funds is
434appropriated from the General Revenue Fund and the sum of $4.4
435million is appropriated from the Emergency Management
436Preparedness and Assistance Trust Fund to the Department of
437Community Affairs for the 2006-2007 state fiscal year.
438Notwithstanding s. 252.373, Florida Statutes, these funds may be
439used to implement the provisions of this act relating to
440improved logistical staging and warehouse capacity for
441commodities.
442     Section 6.  The sum of $20 million in fixed capital outlay
443is appropriated from the General Revenue Fund and the sum of $25
444million is appropriated from the U.S. Contributions Trust Fund
445to the Department of Community Affairs for the purpose of
446implementing the provisions of this act relating to county
447emergency operations centers and designated alternate state
448emergency operations centers during the 2006-2007 state fiscal
449year. The Department of Community Affairs may not use more than
4505 percent of these funds to administer the funding provided.
451     Section 7.  The sum of $3.4 million is appropriated from
452the U.S. Contributions Trust Fund to the Department of Community
453Affairs for the purpose of implementing the provisions of this
454act relating to enhanced public education and information on
455hurricane preparedness during the 2006-2007 state fiscal year.
456     Section 8.  The Legislature finds that there is a
457compelling need to better coordinate emergency response
458capabilities among local, state, federal, nongovernment, and
459private sector partners to provide the best and most effective
460postdisaster services to the people of the State of Florida.  In
461order to encourage the rapid recovery of economies in disaster
462affected areas, the Legislature finds that programs to restore
463normal commerce in communities should be a part of the State
464Comprehensive Emergency Management Plan. The Legislature
465recognizes nongovernment agencies and the private sector as key
466partners in disaster preparedness, response, and recovery.
467Further, the Legislature recognizes the demonstrated abilities
468and contributions of these entities in successfully providing
469logistical support and commodities through well-proven
470distribution systems. In order to enhance the State
471Comprehensive Plan, the Division of Emergency Management within
472the Department of Community Affairs is directed to conduct a
473feasibility study on incorporating into the state's emergency
474management plan the logistical supply and distribution of
475essential commodities by nongovernment agencies and private
476entities. In conducting the study, the division shall consult
477with the Florida Retail Federation, the Florida Petroleum
478Council, the Florida Petroleum Marketers and Convenience Store
479Association, the Florida Emergency Preparedness Association, the
480American Red Cross, Volunteer Florida, and other entities as
481appropriate. As part of the study, the division shall create a
482set of operational standards that may be adopted by retail
483establishments to qualify for preemption from local government
484regulations in response to a disaster. No later than February 1,
4852007, the division shall make recommendations based on the study
486to the Governor, the President of the Senate, and the Speaker of
487the House of Representatives, and shall provide a set of
488operational standards for retail establishments which are
489recognized as part of the state emergency management plan. These
490standards must be met in order for retail establishments to
491participate in the state emergency response to a disaster and to
492qualify for preemption of regulation of such businesses to the
493state during such a response.
494     Section 9.  Effective July 1, 2006, section 526.143,
495Florida Statutes, is created to read:
496     526.143  Alternate generated power capacity for motor fuel
497dispensing facilities.--
498     (1)  By June 1, 2007, each motor fuel terminal facility, as
499defined in s. 526.303(16), and each wholesaler, as defined in s.
500526.303(17), which sells motor fuel in this state must be
501capable of operating its distribution loading racks using an
502alternate generated power source for a minimum of 72 hours.
503Pending a postdisaster examination of the equipment by the
504operator to determine any extenuating damage that would render
505it unsafe to use, the facility must have such alternate
506generated power source available for operation no later than 36
507hours after a major disaster as defined in s. 252.34.
508Installation of appropriate wiring, including a transfer switch,
509shall be performed by a certified electrical contractor. Each
510business that is subject to this subsection must keep a copy of
511the documentation of such installation on site or at its
512corporate headquarters. In addition, each business must keep a
513written statement attesting to the periodic testing and ensured
514operational capacity of the equipment. The required documents
515must be made available, upon request, to the Division of
516Emergency Management and the director of the county emergency
517management agency.
518     (2)  Each newly constructed or substantially renovated
519motor fuel retail outlet, as defined in s. 526.303(14), for
520which a certificate of occupancy is issued on or after July 1,
5212006, shall be prewired with an appropriate transfer switch, and
522capable of operating all fuel pumps, dispensing equipment, life-
523safety systems, and payment-acceptance equipment using an
524alternate generated power source.  As used in this subsection,
525the term "substantially renovated" means a renovation that
526results in an increase of greater than 50 percent in the
527assessed value of the motor fuel retail outlet. Local building
528inspectors shall include this equipment and operations check in
529the normal inspection process before issuing a certificate of
530occupancy. Each retail outlet that is subject to this subsection
531must keep a copy of the certificate of occupancy on site or at
532its corporate headquarters. In addition, each retail outlet must
533keep a written statement attesting to the periodic testing of
534and ensured operational capability of the equipment. The
535required documents must be made available, upon request, to the
536Division of Emergency Management and the director of the county
537emergency management agency.
538     (3)(a)  No later than June 1, 2007, each motor fuel retail
539outlet described in subparagraph 1., subparagraph 2., or
540subparagraph 3., which is located within one-half mile proximate
541to an interstate highway or state or federally designated
542evacuation route must be prewired with an appropriate transfer
543switch and be capable of operating all fuel pumps, dispensing
544equipment, life-safety systems, and payment-acceptance equipment
545using an alternate generated power source:
546     1.  A motor fuel retail outlet located in a county having a
547population of 300,000 or more which has 16 or more fueling
548positions.
549     2.  A motor fuel retail outlet located in a county having a
550population of 100,000 or more, but fewer than 300,000, which has
55112 or more fueling positions.
552     3.  A motor fuel retail outlet located in a county having a
553population of fewer than 100,000 which has eight or more fueling
554positions.
555     (b)  Installation of appropriate wiring and transfer
556switches must be performed by a certified electrical contractor.
557Each retail outlet that is subject to this subsection must keep
558a copy of the documentation of such installation on site or at
559its corporate headquarters. In addition, each retail outlet must
560keep a written statement attesting to the periodic testing of
561and ensured operational capacity of the equipment. The required
562documents must be made available, upon request, to the Division
563of Emergency Management and the director of the county emergency
564management agency.
565     (4)(a)  Subsections (2) and (3) apply to any self-service,
566full-service, or combination self-service and full-service motor
567fuel retail outlet regardless of whether the retail outlet is
568located on the grounds of, or is owned by, another retail
569business establishment that does not engage in the business of
570selling motor fuel.
571     (b)  Subsections (2) and (3) do not apply to:
572     1.  An automobile dealer;
573     2.  A person who operates a fleet of motor vehicles;
574     3.  A person who sells motor fuel exclusively to a fleet of
575motor vehicles; or
576     4.  A motor fuel retail outlet that has a written agreement
577with a public hospital, in a form approved by the Division of
578Emergency Management, wherein the public hospital agrees to
579provide the motor fuel retail outlet with an alternative means
580of power generation onsite so that the outlet's fuel pumps may
581be operated in the event of a power outage.
582     (5)(a)  Each corporation or other entity that owns 10 or
583more motor fuel retail outlets located within a single county
584shall maintain at least one portable generator that is capable
585of providing an alternate generated power source as required
586under subsection (2) for every 10 outlets. If an entity owns
587more than 10 outlets or a multiple of 10 outlets plus an
588additional six outlets, the entity must provide one additional
589generator to accommodate such additional outlets.  Each portable
590generator must be stored within this state, or may be stored in
591another state if located within 250 miles of this state, and
592must be available for use in an affected location within 24
593hours after a disaster.
594     (b)  Each corporation or other entity that owns 10 or more
595motor fuel retail outlets located within a single domestic
596security region, as determined pursuant to s. 943.0312(1), and
597that does not own additional outlets located outside the
598domestic security region shall maintain a written document of
599agreement with one or more similarly equipped entities for the
600use of portable generators that may be used to meet the
601requirements of paragraph (a) and that are located within this
602state but outside the affected domestic security region. The
603agreement may be reciprocal, may allow for payment for services
604rendered by the providing entity, and must guarantee the
605availability of the portable generators to an affected location
606within 24 hours after a disaster.
607     (c)  For purposes of this section, ownership of a motor
608fuel retail outlet shall be the owner of record of the fuel
609storage systems operating at the location, as identified in the
610Department of Environmental Protection underground storage
611facilities registry pursuant to s. 376.303(1).
612     Section 10.  Effective July 1, 2006, section 526.144,
613Florida Statutes, is created to read:
614     526.144  Florida Disaster Motor Fuel Supplier Program.--
615     (1)(a)  There is created the Florida Disaster Motor Fuel
616Supplier Program within the Department of Community Affairs.
617     (b)  Participation in the program shall be at the option of
618each county governing body. In counties choosing to participate
619in the program, the local emergency management agency shall be
620primarily responsible for administering the program within those
621counties. Nothing in this section requires participation in the
622program.
623     (c)  In participating counties, the Florida Disaster Motor
624Fuel Supplier Program shall allow any retail motor fuel outlet
625doing business in those counties to participate in a network of
626emergency responders to provide fuel supplies and services to
627government agencies, medical institutions and facilities,
628critical infrastructure, and other responders, as well as the
629general public, during a declared disaster as described in s.
630252.36(2).
631     (d)  Retail motor fuel outlets doing business in
632participating counties that choose to become members of the
633Florida Disaster Motor Fuel Supplier Program must be able to
634demonstrate the capability to provide onsite fuel dispensing
635services to other members of the State Emergency Response Team
636within 24 hours after a major disaster has occurred and agree to
637make such service available as needed. Local emergency
638management agencies may determine appropriate measures for
639determining such readiness, including acceptance of a written
640attestation from the retail motor fuel outlet, a copy of an
641executed contract for services, or other documents or activities
642that demonstrate readiness. Participating retail motor fuel
643outlets may choose to sell motor fuel through a pre-existing
644contract with local, state, or federal response agencies or may
645provide point-of-sale service to such agencies. In addition,
646participating retail motor fuel outlets may choose to sell motor
647fuel to the general public upon compliance with requirements to
648provide service under ss. 252.35 and 252.38 as directed by
649county or state emergency management officials. This section
650does not preclude any retail motor fuel outlet from selling fuel
651during lawful operating hours. Nonparticipating motor fuel
652retail outlets may not operate during declared curfew hours. If
653requested, appropriate law enforcement or security personnel may
654be provided through emergency management protocol to the
655participating business for the purpose of maintaining civil
656order during operating hours.
657     (e)  Motor fuel outlets that choose to participate in the
658Florida Disaster Motor Fuel Supplier Program pursuant to
659paragraph (d) may be issued a State Emergency Response Team logo
660by the participating county emergency management agency for
661public display to alert emergency responders and the public that
662the business is capable of assisting in an emergency.
663     (f)  Counties that choose to participate in the Florida
664Disaster Motor Fuel Supplier Program may charge a fee to cover
665the actual costs of accepting a retail motor fuel outlet into
666the program, including the cost of performing any required
667review, filing of necessary forms, and producing logo decals for
668public display. Additional charges may not be imposed for
669processing individual documents associated with the program.
670Funds collected shall be deposited into an appropriate county
671operating account.
672     (3)  Persons who are designated as members of the State
673Emergency Response Team and who can produce appropriate
674identification, as determined by state or county emergency
675management officials, shall be given priority for purchasing
676fuel at businesses designated as members of the State Emergency
677Response Team. A business may be directed by county or state
678emergency management officials to remain open during a declared
679curfew in order to provide service for emergency personnel.
680Under such direction, the business is not in violation of the
681curfew and may not be penalized for such operation and the
682emergency personnel are not in violation of the curfew. A person
683traveling during a curfew must be able to produce valid official
684documentation of his or her position with the State Emergency
685Response Team or the local emergency management agency. Such
686documentation may include, but need not be limited to, a current
687SERT identification badge, current law enforcement or other
688response agency identification or shield, current health care
689employee identification card, or current government services
690identification card indicating a critical services position.
691     (4)  A business that is designated as a member of the State
692Emergency Response Team may request priority in receiving a
693resupply of fuel in order to continue service to emergency
694responders. Such request is not binding but shall be considered
695by emergency management officials in determining appropriate
696response actions.
697     (5)(a)  Notwithstanding any other law or local ordinance
698and for the purpose of ensuring an appropriate emergency
699management response following major disasters in this state, the
700regulation, siting, and placement of alternate power source
701capabilities and equipment at motor fuel terminal facilities,
702motor fuel wholesalers, and motor fuel retail sales outlets are
703preempted to the state.
704     (b)  Notwithstanding any other law or other ordinance and
705for the purpose of ensuring an appropriate emergency management
706response following major disasters in this state, the regulation
707of all other retail establishments participating in such
708response shall be as follows:
709     1.  Regulation of retail establishments that meet the
710standards created by the Division of Emergency Management in the
711report required in section 8 of this act by July 1, 2007, is
712preempted to the state and until such standards are adopted, the
713regulation of these retail establishments is preempted to the
714state;
715     2.  The division shall provide written certification of
716such preemption to retail establishments that qualify and shall
717provide such information to local governments upon request; and
718     3.  Regulation of retail establishments that do not meet
719the operational standards is subject to local government laws or
720ordinances.
721     (6)  The Energy Office of the Department of Environmental
722Protection shall review situational progress in post-disaster
723motor fuel supply distribution and provide a report to the
724Legislature by March 1, 2007. The report must include
725information concerning statewide compliance with s. 526.143,
726Florida Statutes, and an identification of all motor fuel retail
727outlets that are participating in the Florida Disaster Motor
728Fuel Supplier Program.
729     Section 11.  Effective July 1, 2006, subsection (2) of
730section 501.160, Florida Statutes, is amended to read:
731     501.160  Rental or sale of essential commodities during a
732declared state of emergency; prohibition against unconscionable
733prices.--
734     (2)  Upon a declaration of a state of emergency by the
735Governor, it is unlawful and a violation of s. 501.204 for a
736person or her or his agent or employee to rent or sell or offer
737to rent or sell at an unconscionable price within the area for
738which the state of emergency is declared, any essential
739commodity including, but not limited to, supplies, services,
740provisions, or equipment that is necessary for consumption or
741use as a direct result of the emergency.  This prohibition is
742effective not to exceed 60 days under the initial declared state
743of emergency as defined in s. 252.36(2) and shall be renewed by
744statement in any subsequent renewals of the declared state of
745emergency by the Governor remains in effect until the
746declaration expires or is terminated.
747     Section 12.  Effective July 1, 2006, section 553.509,
748Florida Statutes, is amended to read:
749     553.509  Vertical accessibility.--
750     (1)  Nothing in sections 553.501-553.513 or the guidelines
751shall be construed to relieve the owner of any building,
752structure, or facility governed by those sections from the duty
753to provide vertical accessibility to all levels above and below
754the occupiable grade level, regardless of whether the guidelines
755require an elevator to be installed in such building, structure,
756or facility, except for:
757     (a)(1)  Elevator pits, elevator penthouses, mechanical
758rooms, piping or equipment catwalks, and automobile lubrication
759and maintenance pits and platforms;
760     (b)(2)  Unoccupiable spaces, such as rooms, enclosed
761spaces, and storage spaces that are not designed for human
762occupancy, for public accommodations, or for work areas; and
763     (c)(3)  Occupiable spaces and rooms that are not open to
764the public and that house no more than five persons, including,
765but not limited to, equipment control rooms and projection
766booths.
767     (2)(a)  Any person, firm, or corporation that owns,
768manages, or operates a residential multifamily dwelling,
769including a condominium, that is at least 75 feet high and
770contains a public elevator, as described in s. 399.035(2) and
771(3) and rules adopted by the Florida Building Commission, shall
772have at least one public elevator that is capable of operating
773on an alternate power source for emergency purposes. Alternate
774power shall be available for the purpose of allowing all
775residents access for a specified number of hours each day over a
7765-day period following a natural disaster, manmade disaster,
777emergency, or other civil disturbance that disrupts the normal
778supply of electricity. The alternate power source that controls
779elevator operations must also be capable of powering any
780connected fire alarm system in the building.
781     (b)  At a minimum, the elevator must be appropriately pre-
782wired and prepared to accept an alternate power source and must
783have a connection on the line side of the main disconnect,
784pursuant to National Electric Code Handbook, Article 700. In
785addition to the required power source for the elevator and
786connected fire alarm system in the building, the alternate power
787supply must be sufficient to provide emergency lighting to the
788interior lobbies, hallways, and other portions of the building
789used by the public. Residential multifamily dwellings must have
790an available generator and fuel source on the property or have
791proof of a current contract posted in the elevator machine room
792or other place conspicuous to the elevator inspector affirming a
793current guaranteed service contract for such equipment and fuel
794source to operate the elevator on an on-call basis within 24
795hours after a request. By December 31, 2006, any person, firm or
796corporation that owns, manages or operates a residential
797multifamily dwelling as defined in paragraph (2)(a) must provide
798to the local building inspection agency verification of
799engineering plans for residential multifamily dwellings that
800provide for the capability to generate power by alternate means.
801Compliance with installation requirements and operational
802capability requirements must be verified by local building
803inspectors and reported to the county emergency management
804agency by December 31, 2007.
805     (c)  Each newly constructed residential multifamily
806dwelling, including a condominium, that is at least 75 feet high
807and contains a public elevator, as described in s. 399.035(2)
808and (3) and rules adopted by the Florida Building Commission,
809must have at least one public elevator that is capable of
810operating on an alternate power source for the purpose of
811allowing all residents access for a specified number of hours
812each day over a 5-day period following a natural disaster,
813manmade disaster, emergency, or other civil disturbance that
814disrupts the normal supply of electricity. The alternate power
815source that controls elevator operations must be capable of
816powering any connected fire alarm system in the building. In
817addition to the required power source for the elevator and
818connected fire alarm system, the alternate power supply must be
819sufficient to provide emergency lighting to the interior
820lobbies, hallways, and other portions of the building used by
821the public. Engineering plans and verification of operational
822capability must be provided by the local building inspector to
823the county emergency management agency before occupancy of the
824newly constructed building.
825     (d)  Each person, firm, or corporation that is required to
826maintain an alternate power source under this subsection shall
827maintain a written emergency operations plan that details the
828sequence of operations before, during, and after a natural or
829manmade disaster or other emergency situation. The plan must
830include, at a minimum, a life safety plan for evacuation,
831maintenance of the electrical and lighting supply, and
832provisions for the health, safety, and welfare of the residents.
833In addition, the owner, manager, or operator of the residential
834multifamily dwelling must keep written records of any contracts
835for alternative power generation equipment. Also, quarterly
836inspection records of life safety equipment and alternate power
837generation equipment must be posted in the elevator machine room
838or other place conspicuous to the elevator inspector, which
839confirm that such equipment is properly maintained and in good
840working condition, and copies of contracts for alternate power
841generation equipment shall be maintained on site for
842verification. The written emergency operations plan and
843inspection records shall also be open for periodic inspection by
844local and state government agencies as deemed necessary. The
845owner or operator must keep a generator key in a lockbox posted
846at or near any installed generator unit.
847     (e)  Multistory affordable residential dwellings for
848persons age 62 and older that are financed or insured by the
849United States Department of Housing and Urban Development must
850make every effort to obtain grant funding from the Federal
851Government or the Florida Housing Finance Corporation to comply
852with this subsection. If an owner of such a residential dwelling
853cannot comply with the requirements of this subsection, the
854owner must develop a plan with the local emergency management
855agency to ensure that residents are evacuated to a place of
856safety in the event of a power outage resulting from a natural
857or manmade disaster or other emergency situation that disrupts
858the normal supply of electricity for an extended period of time.
859A place of safety may include, but is not limited to, relocation
860to an alternative site within the building or evacuation to a
861local shelter.
862     (f)  As a part of the annual elevator inspection required
863under s. 399.061, certified elevator inspectors shall confirm
864that all installed generators required by this chapter are in
865working order, have current inspection records posted in the
866elevator machine room or other place conspicuous to the elevator
867inspector, and that the required generator key is present in the
868lockbox posted at or near the installed generator. If a building
869does not have an installed generator, the inspector shall
870confirm that the appropriate pre-wiring and switching
871capabilities are present and that a statement is posted in the
872elevator machine room or other place conspicuous to the elevator
873inspector affirming a current guaranteed contract exists for
874contingent services for alternate power is current for the
875operating period.
876
877However, buildings, structures, and facilities must, as a
878minimum, comply with the requirements in the Americans with
879Disabilities Act Accessibility Guidelines.
880     Section 13.  Effective July 1, 2006, paragraph (i) of
881subsection (2) of section 252.35, Florida Statutes, is amended,
882present paragraphs (j) through (q) of that subsection are
883redesignated as paragraphs (k) through (r), respectively,
884present paragraphs (r) through (v) of that subsection are
885redesignated as paragraphs (u) through (y), respectively, and
886new paragraphs (j), (s), and (t) are added to that subsection to
887read:
888     252.35  Emergency management powers; Division of Emergency
889Management.--
890     (2)  The division is responsible for carrying out the
891provisions of ss. 252.31-252.90.  In performing its duties under
892ss. 252.31-252.90, the division shall:
893     (i)  Institute statewide public awareness programs.  This
894shall include an intensive public educational campaign on
895emergency preparedness issues, including, but not limited to,
896the personal responsibility of individual citizens to be self-
897sufficient for up to 72 hours following a natural or manmade
898disaster. The public educational campaign shall include relevant
899information on statewide disaster plans, evacuation routes, fuel
900suppliers, and shelters. All educational materials must be
901available in alternative formats and mediums to ensure that they
902are available to persons with disabilities.
903     (j)  The Division of Emergency Management and the
904Department of Education shall coordinate with the Agency For
905Persons with Disabilities to provide an educational outreach
906program on disaster preparedness and readiness to individuals
907who have limited English skills and identify persons who are in
908need of assistance but are not defined under special-needs
909criteria.
910     (s)  By January 1, 2007, the Division of Emergency
911Management shall complete an inventory of portable generators
912owned by the state and local governments which are capable of
913operating during a major disaster. The inventory must identify,
914at a minimum, the location of each generator, the number of
915generators stored at each specific location, the agency to which
916each the generator belongs, the primary use of the generator by
917the owner agency, and the names, addresses, and telephone
918numbers of persons having the authority to loan the stored
919generators as authorized by the Division of Emergency Management
920during a declared emergency.
921     (t)  The division shall maintain an inventory list of
922generators owned by the state and local governments. In
923addition, the division may keep a list of private entities,
924along with appropriate contact information, which offer
925generators for sale or lease. The list of private entities shall
926be available to the public for inspection in written and
927electronic formats.
928     Section 14.  There is appropriated $76,150 in nonrecurring
929general revenue funds to the Department of Community Affairs for
930a study on the feasibility of incorporating nongovernment
931agencies and private entities into the logistical supply and
932distribution system for essential commodities. This section
933takes effect July 1, 2006.
934     Section 15.  If any provision of this act or its
935application to any person or circumstance is held invalid, the
936invalidity does not affect other provisions or applications of
937the act which can be given effect without the invalid provision
938or application, and to this end the provisions of this act are
939severable.
940     Section 16.  Effective July 1, 2006, section 252.355,
941Florida Statutes, is amended to read:
942     252.355  Registry of persons with special needs; notice.--
943     (1)  In order to meet the special needs of persons who
944would need assistance during evacuations and sheltering because
945of physical, mental, cognitive impairment, or sensory
946disabilities, each local emergency management agency in the
947state shall maintain a registry of persons with special needs
948located within the jurisdiction of the local agency.  The
949registration shall identify those persons in need of assistance
950and plan for resource allocation to meet those identified needs.
951To assist the local emergency management agency in identifying
952such persons, home health agencies, hospices, nurse registries,
953home medical equipment providers, the Department of Children and
954Family Services, Department of Health, Agency for Health Care
955Administration, Department of Education, Agency for Persons with
956Disabilities, Labor and Employment Security, and Department of
957Elderly Affairs shall provide registration information to all of
958their special needs clients and to all persons with special
959needs who receive services incoming clients as a part of the
960intake process. The registry shall be updated annually.  The
961registration program shall give persons with special needs the
962option of preauthorizing emergency response personnel to enter
963their homes during search and rescue operations if necessary to
964assure their safety and welfare following disasters.
965     (2)  The Department of Community Affairs shall be the
966designated lead agency responsible for community education and
967outreach to the public, including special needs clients,
968regarding registration and special needs shelters and general
969information regarding shelter stays.
970     (3)  A person with special needs must be allowed to bring
971his or her service animal into a special needs shelter in
972accordance with s. 413.08.
973     (4)(a)(2)  On or before May 31 May 1 of each year each
974electric utility in the state shall annually notify residential
975customers in its service area of the availability of the
976registration program available through their local emergency
977management agency by:.
978     1.  An initial notification upon the activation of new
979residential service with the electric utility, followed by one
980annual notification between January 1 and May 31; or
981     2.  Two separate annual notifications between January 1 and
982May 31.
983     (b)  The notification may be made by any available means,
984including, but not limited to, written, electronic, or verbal
985notification, and may be made concurrently with any other
986notification to residential customers required by law or rule.
987     (5)(3)  All records, data, information, correspondence, and
988communications relating to the registration of persons with
989special needs as provided in subsection (1) are confidential and
990exempt from the provisions of s. 119.07(1), except that such
991information shall be available to other emergency response
992agencies, as determined by the local emergency management
993director. Local law enforcement agencies shall be given complete
994shelter roster information upon request.
995     (6)(4)  All appropriate agencies and community-based
996service providers, including home health care providers,
997hospices, nurse registries, and home medical equipment
998providers, shall assist emergency management agencies by
999collecting registration information for persons with special
1000needs as part of program intake processes, establishing programs
1001to increase the awareness of the registration process, and
1002educating clients about the procedures that may be necessary for
1003their safety during disasters. Clients of state or federally
1004funded service programs with physical, mental, cognitive
1005impairment, or sensory disabilities who need assistance in
1006evacuating, or when in shelters, must register as persons with
1007special needs.
1008     Section 17.  Effective July 1, 2006, section 252.3568,
1009Florida Statutes, is created to read:
1010     252.3568  Emergency sheltering of persons with pets.--In
1011accordance with s. 252.35, the division shall address strategies
1012for the evacuation of persons with pets in the shelter component
1013of the state comprehensive emergency management plan and shall
1014include the requirement for similar strategies in its standards
1015and requirements for local comprehensive emergency management
1016plans. The Department of Agriculture and Consumer Services shall
1017assist the division in determining strategies regarding this
1018activity.
1019     Section 18.  Effective July 1, 2006, section 252.357,
1020Florida Statutes, is created to read:
1021     252.357  Monitoring of nursing homes and assisted living
1022facilities during disaster.--The Florida Comprehensive Emergency
1023Management Plan shall permit the Agency for Health Care
1024Administration, working from the agency's offices or in the
1025Emergency Operations Center, ESF-8, to make initial contact with
1026each nursing home and assisted living facility in the disaster
1027area. The agency, by July 15, 2006, and annually thereafter,
1028shall publish on the Internet an emergency telephone number that
1029may be used by nursing homes and assisted living facilities to
1030contact the agency on a schedule established by the agency to
1031report requests for assistance. The agency may also provide the
1032telephone number to each facility when it makes the initial
1033facility call.
1034     Section 19.  Effective July 1, 2006, subsections (2) and
1035(4) of section 252.385, Florida Statutes, are amended to read:
1036     252.385  Public shelter space.--
1037     (2)(a)  The division shall administer a program to survey
1038existing schools, universities, community colleges, and other
1039state-owned, municipally owned, and county-owned public
1040buildings and any private facility that the owner, in writing,
1041agrees to provide for use as a public hurricane evacuation
1042shelter to identify those that are appropriately designed and
1043located to serve as such shelters. The owners of the facilities
1044must be given the opportunity to participate in the surveys. The
1045state university boards of trustees Board of Regents, district
1046school boards, community college boards of trustees, and the
1047Department of Education are responsible for coordinating and
1048implementing the survey of public schools, universities, and
1049community colleges with the division or the local emergency
1050management agency.
1051     (b)  By January 31 of each even-numbered year, the division
1052shall prepare and submit a statewide emergency shelter plan to
1053the Governor and Cabinet for approval, subject to the
1054requirements for approval in s. 1013.37(2). The plan shall
1055identify the general location and square footage of special
1056needs shelters, by regional planning council region, during the
1057next 5 years. The plan shall also include information on the
1058availability of shelters that accept pets. The Department of
1059Health shall assist the division in determining the estimated
1060need for special needs shelter space and the adequacy of
1061facilities to meet the needs of persons with special needs based
1062on information from the registries of persons with special needs
1063and other information.
1064     (4)(a)  Public facilities, including schools, postsecondary
1065education facilities, and other facilities owned or leased by
1066the state or local governments, but excluding hospitals, hospice
1067care facilities, assisted living facilities, and or nursing
1068homes, which are suitable for use as public hurricane evacuation
1069shelters shall be made available at the request of the local
1070emergency management agencies. The local emergency management
1071agency shall coordinate with these entities to ensure that
1072designated facilities are ready to activate prior to a specific
1073hurricane or disaster. Such agencies shall coordinate with the
1074appropriate school board, university, community college, or
1075local governing board when requesting the use of such facilities
1076as public hurricane evacuation shelters.
1077     (b)  The Department of Management Services shall
1078incorporate provisions for the use of suitable leased public
1079facilities as public hurricane evacuation shelters into lease
1080agreements for state agencies. Suitable leased public facilities
1081include leased public facilities that are solely occupied by
1082state agencies and have at least 2,000 square feet of net floor
1083area in a single room or in a combination of rooms having a
1084minimum of 400 square feet in each room. The net square footage
1085of floor area shall must be determined by subtracting from the
1086gross square footage the square footage of spaces such as
1087mechanical and electrical rooms, storage rooms, open corridors,
1088restrooms, kitchens, science or computer laboratories, shop or
1089mechanical areas, administrative offices, records vaults, and
1090crawl spaces.
1091     (c)  The Department of Management Services shall, in
1092consultation with local and state emergency management agencies,
1093assess Department of Management Services facilities to identify
1094the extent to which each facility has public hurricane
1095evacuation shelter space. The Department of Management Services
1096shall submit proposed facility retrofit projects that
1097incorporate hurricane protection enhancements to the department
1098for assessment and inclusion in the annual report prepared in
1099accordance with subsection (3).
1100     Section 20.  Effective July 1, 2006, section 381.0303,
1101Florida Statutes, is amended to read:
1102     (Substantial rewording of section. See
1103     s. 381.0303, F.S., for present text.)
1104     381.0303  Special needs shelters.--
1105     (1)  PURPOSE.--The purpose of this section is to provide
1106for the operation and closure of special needs shelters and to
1107designate the Department of Health, through its county health
1108departments, as the lead agency for coordination of the
1109recruitment of health care practitioners, as defined in s.
1110456.001(4), to staff special needs shelters in times of
1111emergency or disaster and to provide resources to the department
1112to carry out this responsibility. However, nothing in this
1113section prohibits a county health department from entering into
1114an agreement with a local emergency management agency to assume
1115the lead responsibility for recruiting health care
1116practitioners.
1117     (2)  SPECIAL NEEDS SHELTER PLAN; STAFFING; STATE AGENCY
1118ASSISTANCE.--If funds have been appropriated to support disaster
1119coordinator positions in county health departments:
1120     (a)  The department shall assume lead responsibility for
1121the coordination of local medical and health care providers, the
1122American Red Cross, and other interested parties in developing a
1123plan for the staffing and medical management of special needs
1124shelters. The local Children's Medical Services offices shall
1125assume lead responsibility for the coordination of local medical
1126and health care providers, the American Red Cross, and other
1127interested parties in developing a plan for the staffing and
1128medical management of pediatric special needs shelters. Plans
1129must conform to the local comprehensive emergency management
1130plan.
1131     (b)  County health departments shall, in conjunction with
1132the local emergency management agencies, have the lead
1133responsibility for coordination of the recruitment of health
1134care practitioners to staff local special needs shelters. County
1135health departments shall assign their employees to work in
1136special needs shelters when those employees are needed to
1137protect the health and safety of persons with special needs.
1138County governments shall assist the department with nonmedical
1139staffing and the operation of special needs shelters. The local
1140health department and emergency management agency shall
1141coordinate these efforts to ensure appropriate staffing in
1142special needs shelters.
1143     (c)  The appropriate county health department, Children's
1144Medical Services office, and local emergency management agency
1145shall jointly decide who has responsibility for medical
1146supervision in each special needs shelter.
1147     (d)  Local emergency management agencies shall be
1148responsible for the designation and operation of special needs
1149shelters during times of emergency or disaster and the closure
1150of the facilities following an emergency or disaster. The local
1151health department and emergency management agency shall
1152coordinate these efforts to ensure the appropriate designation
1153and operation of special needs shelters. County health
1154departments shall assist the local emergency management agency
1155with regard to the management of medical services in special
1156needs shelters.
1157     (e)  The Secretary of Elderly Affairs, or his or her
1158designee, shall convene, at any time that he or she deems
1159appropriate and necessary, a multiagency special needs shelter
1160discharge planning team to assist local areas that are  severely
1161impacted by a natural or manmade disaster that requires the use
1162of special needs shelters. Multiagency special needs shelter
1163discharge planning teams shall provide assistance to local
1164emergency management agencies with the continued operation or
1165closure of the shelters, as well as with the discharge of
1166special needs clients to alternate facilities if necessary.
1167Local emergency management agencies may request the assistance
1168of a multiagency special needs shelter discharge planning team
1169by alerting statewide emergency management officials of the
1170necessity for additional assistance in their area. The Secretary
1171of Elderly Affairs is encouraged to proactively work with other
1172state agencies prior to any natural disasters for which warnings
1173are provided to ensure that multiagency special needs shelter
1174discharge planning teams are ready to assemble and deploy
1175rapidly upon a determination by state emergency management
1176officials that a disaster area requires additional assistance.
1177The Secretary of Elderly Affairs may call upon any state agency
1178or office to provide staff to assist a multiagency special needs
1179shelter discharge planning team. Unless the secretary
1180determines that the nature or circumstances surrounding the
1181disaster do not warrant participation from a particular agency's
1182staff, each multiagency special needs shelter discharge planning
1183team shall include at least one representative from each of the
1184following state agencies:
1185     1.  Department of Elderly Affairs.
1186     2.  Department of Health.
1187     3.  Department of Children and Family Services.
1188     4.  Department of Veterans' Affairs.
1189     5.  Department of Community Affairs.
1190     6.  Agency for Health Care Administration.
1191     7.  Agency for Persons with Disabilities.
1192     (3)  REIMBURSEMENT TO HEALTH CARE PRACTITIONERS AND
1193FACILITIES.--
1194     (a)  The department shall, upon request, reimburse in
1195accordance with paragraph (b):
1196     1.  Health care practitioners, as defined in s. 456.001,
1197provided the practitioner is not providing care to a patient
1198under an existing contract, and emergency medical technicians
1199and paramedics licensed under chapter 401 for medical care
1200provided at the request of the department in special needs
1201shelters or at other locations during times of emergency or a
1202declared disaster. Reimbursement for health care practitioners,
1203except for physicians licensed under chapter 458 or chapter 459,
1204shall be based on the average hourly rate that such
1205practitioners were paid according to the most recent survey of
1206Florida hospitals conducted by the Florida Hospital Association
1207or other nationally recognized or state-recognized data source.
1208     2.  Health care facilities, such as hospitals, nursing
1209homes, assisted living facilities, and community residential
1210homes, if, upon closure of a special needs shelter, a
1211multiagency special needs shelter discharge planning team
1212determines that it is necessary to discharge persons with
1213special needs to other health care facilities. The receiving
1214facilities are eligible for reimbursement for services provided
1215to the individuals for up to 90 days. A facility must show proof
1216of a written request from a representative of an agency serving
1217on the multiagency special needs shelter discharge planning team
1218that the individual for whom the facility is seeking
1219reimbursement for services rendered was referred to that
1220facility from a special needs shelter. The department shall
1221specify by rule which expenses are reimbursable and the rate of
1222reimbursement for each service.
1223     (b)  Reimbursement is subject to the availability of
1224federal funds and shall be requested on forms prepared by the
1225department. If a Presidential Disaster Declaration has been
1226issued, the department shall request federal reimbursement of
1227eligible expenditures. The department may not provide
1228reimbursement to facilities under this subsection for services
1229provided to a person with special needs if, during the period of
1230time in which the services were provided, the individual was
1231enrolled in another state-funded program, such as Medicaid or
1232another similar program, was covered under a policy of health
1233insurance as defined in s. 624.603, or was a member of a health
1234maintenance organization or prepaid health clinic as defined in
1235chapter 641, which would otherwise pay for the same services.
1236Travel expense and per diem costs shall be reimbursed pursuant
1237to s. 112.061.
1238     (4)  HEALTH CARE PRACTITIONER REGISTRY.--The department may
1239use the registries established in ss. 401.273 and 456.38 when
1240health care practitioners are needed to staff special needs
1241shelters or to assist with other disaster-related activities.
1242     (5)  SPECIAL NEEDS SHELTER INTERAGENCY COMMITTEE.--The
1243Secretary of Health may establish a special needs shelter
1244interagency committee and serve as, or appoint a designee to
1245serve as, the committee's chair. The department shall provide
1246any necessary staff and resources to support the committee in
1247the performance of its duties. The committee shall address and
1248resolve problems related to special needs shelters not addressed
1249in the state comprehensive emergency medical plan and shall
1250consult on the planning and operation of special needs shelters.
1251     (a)  The committee shall:
1252     1.  Develop, negotiate, and regularly review any necessary
1253interagency agreements.
1254     2.  Undertake other such activities as the department deems
1255necessary to facilitate the implementation of this section.
1256     3.  Submit recommendations to the Legislature as necessary.
1257     (b)  The special needs shelter interagency committee shall
1258be composed of representatives of emergency management, health,
1259medical, and social services organizations. Membership shall
1260include, but shall not be limited to, representatives of the
1261Departments of Health, Community Affairs, Children and Family
1262Services, Elderly Affairs, and Education; the Agency for Health
1263Care Administration; the Florida Medical Association; the
1264Florida Osteopathic Medical Association; Associated Home Health
1265Industries of Florida, Inc.; the Florida Nurses Association; the
1266Florida Health Care Association; the Florida Assisted Living
1267Affiliation; the Florida Hospital Association; the Florida
1268Statutory Teaching Hospital Council; the Florida Association of
1269Homes for the Aging; the Florida Emergency Preparedness
1270Association; the American Red Cross; Florida Hospices and
1271Palliative Care, Inc.; the Association of Community Hospitals
1272and Health Systems; the Florida Association of Health
1273Maintenance Organizations; the Florida League of Health Systems;
1274the Private Care Association; the Salvation Army; the Florida
1275Association of Aging Services Providers; the AARP; and the
1276Florida Renal Coalition.
1277     (c)  Meetings of the committee shall be held in
1278Tallahassee, and members of the committee shall serve at the
1279expense of the agencies or organizations they represent. The
1280committee shall make every effort to use teleconference or video
1281conference capabilities in order to ensure statewide input and
1282participation.
1283     (6)  RULES.--The department has the authority to adopt
1284rules necessary to implement this section. Rules shall include:
1285     (a)  The definition of a "person with special needs,"
1286including eligibility criteria for individuals with physical,
1287mental, cognitive impairment, or sensory disabilities and the
1288services a person with special needs can expect to receive in a
1289special needs shelter.
1290     (b)  The process for special needs shelter health care  
1291practitioners and facility reimbursement for services provided
1292in a disaster.
1293     (c)  Guidelines for special needs shelter staffing levels
1294to provide services.
1295     (d)  The definition of and standards for special needs
1296shelter supplies and equipment, including durable medical
1297equipment.
1298     (e)  Standards for the special needs shelter registration
1299process, including guidelines for addressing the needs of
1300unregistered persons in need of a special needs shelter.
1301     (f)  Standards for addressing the needs of families where
1302only one dependent is eligible for admission to a special needs
1303shelter and the needs of adults with special needs who are
1304caregivers for individuals without special needs.
1305     (g)  The requirement of the county health departments to
1306seek the participation of hospitals, nursing homes, assisted
1307living facilities, home health agencies, hospice providers,
1308nurse registries, home medical equipment providers, dialysis
1309centers, and other health and medical emergency preparedness
1310stakeholders in pre-event planning activities.
1311     (7)  EMERGENCY MANAGEMENT PLANS.--The submission of
1312emergency management plans to county health departments by home
1313health agencies, nurse registries, hospice programs, and home
1314medical equipment providers is conditional upon receipt of an
1315appropriation by the department to establish disaster
1316coordinator positions in county health departments unless the
1317secretary of the department and a local county commission
1318jointly determine to require that such plans be submitted based
1319on a determination that there is a special need to protect
1320public health in the local area during an emergency.
1321     Section 21.  Effective July 1, 2006, section 400.492,
1322Florida Statutes, is amended to read:
1323     400.492  Provision of services during an emergency.--Each
1324home health agency shall prepare and maintain a comprehensive
1325emergency management plan that is consistent with the standards
1326adopted by national or state accreditation organizations and
1327consistent with the local special needs plan. The plan shall be
1328updated annually and shall provide for continuing home health
1329services during an emergency that interrupts patient care or
1330services in the patient's home. The plan shall include the means
1331by which the home health agency will continue to provide staff
1332to perform the same type and quantity of services to their
1333patients who evacuate to special needs shelters that were being
1334provided to those patients prior to evacuation. The plan shall
1335describe how the home health agency establishes and maintains an
1336effective response to emergencies and disasters, including:
1337notifying staff when emergency response measures are initiated;
1338providing for communication between staff members, county health
1339departments, and local emergency management agencies, including
1340a backup system; identifying resources necessary to continue
1341essential care or services or referrals to other organizations
1342subject to written agreement; and prioritizing and contacting
1343patients who need continued care or services.
1344     (1)  Each patient record for patients who are listed in the
1345registry established pursuant to s. 252.355 shall include a
1346description of how care or services will be continued in the
1347event of an emergency or disaster. The home health agency shall
1348discuss the emergency provisions with the patient and the
1349patient's caregivers, including where and how the patient is to
1350evacuate, procedures for notifying the home health agency in the
1351event that the patient evacuates to a location other than the
1352shelter identified in the patient record, and a list of
1353medications and equipment which must either accompany the
1354patient or will be needed by the patient in the event of an
1355evacuation.
1356     (2)  Each home health agency shall maintain a current
1357prioritized list of patients who need continued services during
1358an emergency. The list shall indicate how services shall be
1359continued in the event of an emergency or disaster for each
1360patient and if the patient is to be transported to a special
1361needs shelter, and shall indicate if the patient is receiving
1362skilled nursing services and the patient's medication and
1363equipment needs. The list shall be furnished to county health
1364departments and to local emergency management agencies, upon
1365request.
1366     (3)  Home health agencies shall not be required to continue
1367to provide care to patients in emergency situations that are
1368beyond their control and that make it impossible to provide
1369services, such as when roads are impassable or when patients do
1370not go to the location specified in their patient records. Home
1371health agencies may establish links to local emergency
1372operations centers to determine a mechanism by which to approach
1373specific areas within a disaster area in order for the agency to
1374reach its clients. Home health agencies shall demonstrate a good
1375faith effort to comply with the requirements of this subsection
1376by documenting attempts of staff to follow procedures outlined
1377in the home health agency's comprehensive emergency management
1378plan, and by the patient's record, which support a finding that
1379the provision of continuing care has been attempted for those
1380patients who have been identified as needing care by the home
1381health agency and registered under s. 252.355, in the event of
1382an emergency or disaster under subsection (1).
1383     (4)  Notwithstanding the provisions of s. 400.464(2) or any
1384other provision of law to the contrary, a home health agency may
1385provide services in a special needs shelter located in any
1386county.
1387     Section 22.  Effective July 1, 2006, subsection (8) of
1388section 400.497, Florida Statutes, is amended to read:
1389     400.497  Rules establishing minimum standards.--The agency
1390shall adopt, publish, and enforce rules to implement this part,
1391including, as applicable, ss. 400.506 and 400.509, which must
1392provide reasonable and fair minimum standards relating to:
1393     (8)  Preparation of a comprehensive emergency management
1394plan pursuant to s. 400.492.
1395     (a)  The Agency for Health Care Administration shall adopt
1396rules establishing minimum criteria for the plan and plan
1397updates, with the concurrence of the Department of Health and in
1398consultation with the Department of Community Affairs.
1399     (b)  The rules must address the requirements in s. 400.492.
1400In addition, the rules shall provide for the maintenance of
1401patient-specific medication lists that can accompany patients
1402who are transported from their homes.
1403     (c)  The plan is subject to review and approval by the
1404county health department. During its review, the county health
1405department shall contact state and local health and medical
1406stakeholder when necessary. ensure that the following agencies,
1407at a minimum, are given the opportunity to review the plan:
1408     1.  The local emergency management agency.
1409     2.  The Agency for Health Care Administration.
1410     3.  The local chapter of the American Red Cross or other
1411lead sheltering agency.
1412     4.  The district office of the Department of Children and
1413Family Services.
1414
1415The county health department shall complete its review to ensure
1416that the plan is in accordance with the criteria in the Agency
1417for Health Care Administration rules within 90 60 days after
1418receipt of the plan and shall either approve the plan or advise
1419the home health agency of necessary revisions. If the home
1420health agency fails to submit a plan or fails to submit the
1421requested information or revisions to the county health
1422department within 30 days after written notification from the
1423county health department, the county health department shall
1424notify the Agency for Health Care Administration. The agency
1425shall notify the home health agency that its failure constitutes
1426a deficiency, subject to a fine of $5,000 per occurrence. If the
1427plan is not submitted, information is not provided, or revisions
1428are not made as requested, the agency may impose the fine.
1429     (d)  For any home health agency that operates in more than
1430one county, the Department of Health shall review the plan,
1431after consulting with state and local health and medical
1432stakeholders when necessary all of the county health
1433departments, the agency, and all the local chapters of the
1434American Red Cross or other lead sheltering agencies in the
1435areas of operation for that particular home health agency. The
1436department of Health shall complete its review within 90 days
1437after receipt of the plan and shall either approve the plan or
1438advise the home health agency of necessary revisions. The
1439department of Health shall make every effort to avoid imposing
1440differing requirements on a home health agency that operates in
1441more than one county as a result of differing or conflicting
1442comprehensive plan requirements of the based on differences
1443between counties in which on the home health agency operates.
1444     (e)  The requirements in this subsection do not apply to:
1445     1.  A facility that is certified under chapter 651 and has
1446a licensed home health agency used exclusively by residents of
1447the facility; or
1448     2.  A retirement community that consists of residential
1449units for independent living and either a licensed nursing home
1450or an assisted living facility, and has a licensed home health
1451agency used exclusively by the residents of the retirement
1452community, provided the comprehensive emergency management plan
1453for the facility or retirement community provides for continuous
1454care of all residents with special needs during an emergency.
1455     Section 23.  Effective July 1, 2006, subsection (16) of
1456section 400.506, Florida Statutes, is amended to read:
1457     400.506  Licensure of nurse registries; requirements;
1458penalties.--
1459     (16)  Each nurse registry shall prepare and maintain a
1460comprehensive emergency management plan that is consistent with
1461the criteria in this subsection and with the local special needs
1462plan. The plan shall be updated annually. The plan shall include
1463the means by which the nurse registry will continue to provide
1464the same type and quantity of services to its patients who
1465evacuate to special needs shelters which were being provided to
1466those patients prior to evacuation. The plan shall specify how
1467the nurse registry shall facilitate the provision of continuous
1468care by persons referred for contract to persons who are
1469registered pursuant to s. 252.355 during an emergency that
1470interrupts the provision of care or services in private
1471residencies. Nurse registries may establish links to local
1472emergency operations centers to determine a mechanism by which
1473to approach specific areas within a disaster area in order for a
1474provider to reach its clients. Nurse registries shall
1475demonstrate a good-faith effort to comply with the requirements
1476of this subsection by documenting attempts of staff to follow
1477procedures outlined in the nurse registry's comprehensive
1478emergency management plan which support a finding that the
1479provision of continuing care has been attempted for patients
1480identified as needing care by the nurse registry and registered
1481under s. 252.355 in the event of an emergency under s.
1482400.506(1).
1483     (a)  All persons referred for contract who care for persons
1484registered pursuant to s. 252.355 must include in the patient
1485record a description of how care will be continued during a
1486disaster or emergency that interrupts the provision of care in
1487the patient's home. It shall be the responsibility of the person
1488referred for contract to ensure that continuous care is
1489provided.
1490     (b)  Each nurse registry shall maintain a current
1491prioritized list of patients in private residences who are
1492registered pursuant to s. 252.355 and are under the care of
1493persons referred for contract and who need continued services
1494during an emergency. This list shall indicate, for each patient,
1495if the client is to be transported to a special needs shelter
1496and if the patient is receiving skilled nursing services. Nurse
1497registries shall make this list available to county health
1498departments and to local emergency management agencies upon
1499request.
1500     (c)  Each person referred for contract who is caring for a
1501patient who is registered pursuant to s. 252.355 shall provide a
1502list of the patient's medication and equipment needs to the
1503nurse registry. Each person referred for contract shall make
1504this information available to county health departments and to
1505local emergency management agencies upon request.
1506     (d)  Each person referred for contract shall not be
1507required to continue to provide care to patients in emergency
1508situations that are beyond the person's control and that make it
1509impossible to provide services, such as when roads are
1510impassable or when patients do not go to the location specified
1511in their patient records.
1512     (e)  The comprehensive emergency management plan required
1513by this subsection is subject to review and approval by the
1514county health department. During its review, the county health
1515department shall contact state and local health and medical
1516stakeholders when necessary ensure that, at a minimum, the local
1517emergency management agency, the Agency for Health Care
1518Administration, and the local chapter of the American Red Cross
1519or other lead sheltering agency are given the opportunity to
1520review the plan. The county health department shall complete its
1521review to ensure that the plan complies with the criteria in the
1522Agency for Health Care Administration rules within 90 60 days
1523after receipt of the plan and shall either approve the plan or
1524advise the nurse registry of necessary revisions. If a nurse
1525registry fails to submit a plan or fails to submit requested
1526information or revisions to the county health department within
152730 days after written  notification from the county health
1528department, the county health department shall notify the Agency
1529for Health Care  Administration. The agency shall notify the
1530nurse registry that its failure constitutes a deficiency,
1531subject to a fine of $5,000 per occurrence. If the plan is not
1532submitted, information is not provided, or revisions are not
1533made as requested, the agency may impose the fine.
1534     (f)  The Agency for Health Care Administration shall adopt
1535rules establishing minimum criteria for the comprehensive
1536emergency management plan and plan updates required by this
1537subsection, with the concurrence of the Department of Health and
1538in consultation with the Department of Community Affairs.
1539     Section 24.  Effective July 1, 2006, subsection (1) of
1540section 400.610, Florida Statutes, is amended to read:
1541     400.610  Administration and management of a hospice.--
1542     (1)  A hospice shall have a clearly defined organized
1543governing body, consisting of a minimum of seven persons who are
1544representative of the general population of the community
1545served. The governing body shall have autonomous authority and
1546responsibility for the operation of the hospice and shall meet
1547at least quarterly.  The governing body shall:
1548     (a)  Adopt an annual plan for the operation of the hospice,
1549which shall include a plan for providing for uncompensated care
1550and philanthropic community activities.
1551     (b)1.  Prepare and maintain a comprehensive emergency
1552management plan that provides for continuing hospice services in
1553the event of an emergency that is consistent with local special
1554needs plans. The plan shall include provisions for ensuring
1555continuing care to hospice patients who go to special needs
1556shelters. The plan shall include the means by which the hospice
1557provider will continue to provide staff to provide the same type
1558and quantity of services to their patients who evacuate to
1559special needs shelters which were being provided to those
1560patients prior to evacuation. The plan is subject to review and
1561approval by the county health department, except as provided in
1562subparagraph 2. During its review, the county health department
1563shall contact state and local health and medical stakeholders
1564when necessary ensure that the department, the agency, and the
1565local chapter of the American Red Cross or other lead sheltering
1566agency have an opportunity to review and comment on the plan.
1567The county health department shall complete its review to ensure
1568that the plan complies with criteria in rules of the Department
1569of Elderly Affairs within 90 60 days after receipt of the plan
1570and shall either approve the plan or advise the hospice of
1571necessary revisions. Hospice providers may establish links to
1572local emergency operations centers to determine a mechanism by
1573which to approach specific areas within a disaster area in order
1574for the provider to reach its clients. A hospice shall
1575demonstrate a good-faith effort to comply with the requirements
1576of this paragraph by documenting attempts of staff to follow
1577procedures as outlined in the hospice's comprehensive emergency
1578management plan and to provide continuing care for those hospice
1579clients who have been identified as needing alternative
1580caregiver services in the event of an emergency.
1581     2.  For any hospice that operates in more than one county,
1582the Department of Health during its review shall contact state
1583and local health and medical stakeholders when necessary review
1584the plan, after consulting with all of the county health
1585departments, the agency, and all the local chapters of the
1586American Red Cross or other lead sheltering agency in the areas
1587of operation for that particular hospice. The Department of
1588Health shall complete its review to ensure that the plan
1589complies with criteria in rules of the Department of Elderly
1590Affairs within 90 days after receipt of the plan and shall
1591either approve the plan or advise the hospice of necessary
1592revisions. The Department of Health shall make every effort to
1593avoid imposing on the hospice differing requirements on a
1594hospice that operates in more than one county as a result of
1595differing or conflicting comprehensive plan requirements of the
1596based on differences between counties in which the hospice
1597operates.
1598     (c)  Adopt an annual budget.
1599     (d)  Appoint a director who shall be responsible for the
1600day-to-day management and operation of the hospice and who shall
1601serve as the liaison between the governing body and the hospice
1602staff.
1603     (e)  Undertake such additional activities as necessary to
1604ensure that the hospice is complying with the requirements for
1605hospice services as set forth in this part.
1606     Section 25.  Effective July 1, 2006, present subsections
1607(13) through (16) of section 400.925, Florida Statutes, are
1608redesignated as subsections (14) through (17) respectively, and
1609a new subsection (13) is added to that section, to read:
1610     400.925  Definitions.--As used in this part, the term:
1611     (13)  "Life-supporting or life-sustaining equipment" means
1612a device that is essential to, or that yields information that
1613is essential to, the restoration or continuation of a bodily
1614function important to the continuation of human life. Life-
1615supporting or life-sustaining equipment includes apnea monitors,
1616enteral feeding pumps, infusion pumps, portable home dialysis
1617equipment, and ventilator equipment and supplies for all related
1618equipment, including oxygen equipment and related respiratory
1619equipment.
1620     Section 26.  Effective July 1, 2006, subsections (20),
1621(21), and (22) are added to section 400.934, Florida Statutes,
1622to read:
1623     400.934  Minimum standards.--As a requirement of licensure,
1624home medical equipment providers shall:
1625     (20)(a)  Prepare and maintain a comprehensive emergency
1626management plan that meets minimum criteria established by
1627agency rule under s. 400.935. The plan shall be updated annually
1628and shall provide for continuing home medical equipment services
1629for life-supporting or life-sustaining equipment, as defined in
1630s. 400.925, during an emergency that interrupts home medical
1631equipment services in a patient's home. The plan shall include:
1632     1.  The means by which the home medical equipment provider
1633will continue to provide equipment to perform the same type and
1634quantity of services to its patients who evacuate to special
1635needs shelters which were being provided to those patients prior
1636to evacuation.
1637     2.  The means by which the home medical equipment provider
1638establishes and maintains an effective response to emergencies
1639and disasters, including plans for:
1640     a.  Notification of staff when emergency response measures
1641are initiated.
1642     b.  Communication between staff members, county health
1643departments, and local emergency management agencies, which
1644includes provisions for a backup communications system.
1645     c.  Identification of resources necessary to continue
1646essential care or services or referrals to other organizations
1647subject to written agreement.
1648     d.  Contacting and prioritizing patients in need of
1649continued medical equipment services and supplies.
1650     (b)  The plan is subject to review and approval by the  
1651county health department. During its review, the county health
1652department shall contact state and local health and medical
1653stakeholders when necessary. The county health department shall
1654complete its review to ensure that the plan is in accordance
1655with the criteria in the Agency for Health Care Administration
1656rules within 90 days after receipt of the plan. If a home
1657medical equipment provider fails to submit a plan or fails to
1658submit requested information or revisions to the county health
1659department within 30 days after written notification from the
1660county health department, the county health department shall
1661notify the Agency for Health Care Administration. The agency
1662shall notify the home medical equipment provider that such
1663failure constitutes a deficiency, subject to a fine of $5,000
1664per occurrence. If the plan is not submitted, information is not
1665provided, or revisions are not made as requested, the agency may
1666impose the fine.
1667     (21)  Each home medical equipment provider shall maintain a
1668current prioritized list of patients who need continued services
1669during an emergency. The list shall indicate the means by which
1670services shall be continued for each patient in the event of an
1671emergency or disaster, whether the patient is to be transported
1672to a special needs shelter, and whether the patient has life-
1673supporting or life-sustaining equipment, including the specific
1674type of equipment and related supplies. The list shall be
1675furnished to county health departments and local emergency
1676management agencies upon request.
1677     (22)  Home medical equipment providers may establish links
1678to local emergency operations centers to determine a mechanism
1679by which to approach specific areas within a disaster area in
1680order for the provider to reach its patients.
1681     Section 27.  Effective July 1, 2006, subsection (11) is
1682added to section 400.935, Florida Statutes, to read:
1683     400.935  Rules establishing minimum standards.--The agency
1684shall adopt, publish, and enforce rules to implement this part,
1685which must provide reasonable and fair minimum standards
1686relating to:
1687     (11)  Preparation of the comprehensive emergency management
1688plan under s. 400.934 and the establishment of minimum criteria
1689for the plan, including the maintenance of patient equipment and
1690supply lists that can accompany patients who are transported
1691from their homes. Such rules shall be formulated in consultation
1692with the Department of Health and the Department of Community
1693Affairs.
1694     Section 28.  Effective July 1, 2006, section 408.831,
1695Florida Statutes, is amended to read:
1696     408.831  Denial, suspension, or revocation of a license,
1697registration, certificate, or application.--
1698     (1)  In addition to any other remedies provided by law, the
1699agency may deny each application or suspend or revoke each
1700license, registration, or certificate of entities regulated or
1701licensed by it:
1702     (a)  If the applicant, licensee, registrant, or
1703certificateholder, or, in the case of a corporation,
1704partnership, or other business entity, if any officer, director,
1705agent, or managing employee of that business entity or any
1706affiliated person, partner, or shareholder having an ownership
1707interest equal to 5 percent or greater in that business entity,
1708has failed to pay all outstanding fines, liens, or overpayments
1709assessed by final order of the agency or final order of the
1710Centers for Medicare and Medicaid Services, not subject to
1711further appeal, unless a repayment plan is approved by the
1712agency; or
1713     (b)  For failure to comply with any repayment plan.
1714     (2)  In reviewing any application requesting a change of
1715ownership or change of the licensee, registrant, or
1716certificateholder, the transferor shall, prior to agency
1717approval of the change, repay or make arrangements to repay any
1718amounts owed to the agency. Should the transferor fail to repay
1719or make arrangements to repay the amounts owed to the agency,
1720the issuance of a license, registration, or certificate to the
1721transferee shall be delayed until repayment or until
1722arrangements for repayment are made.
1723     (3)  An entity subject to this section may exceed its
1724licensed capacity to act as a receiving facility in accordance
1725with an emergency operations plan for clients of evacuating
1726providers from a geographic area where an evacuation order has
1727been issued by a local authority having jurisdiction. While in
1728an overcapacity status, each provider must furnish or arrange
1729for appropriate care and services to all clients. In addition,
1730the agency may approve requests for overcapacity beyond 15 days,
1731which approvals may be based upon satisfactory justification and
1732need as provided by the receiving and sending facilities.
1733     (4)(a)  An inactive license may be issued to a licensee
1734subject to this section when the provider is located in a
1735geographic area where a state of emergency was declared by the
1736Governor if the provider:
1737     1.  Suffered damage to its operation during that state of
1738emergency.
1739     2.  Is currently licensed.
1740     3.  Does not have a provisional license.
1741     4.  Will be temporarily unable to provide services but is
1742reasonably expected to resume services within 12 months.
1743     (b)  An inactive license may be issued for a period not to
1744exceed 12 months but may be renewed by the agency for up to 12
1745additional months upon demonstration to the agency of progress
1746toward reopening. A request by a licensee for an inactive
1747license or to extend the previously approved inactive period
1748must be submitted in writing to the agency, accompanied by
1749written justification for the inactive license, which states the
1750beginning and ending dates of inactivity and includes a plan for
1751the transfer of any clients to other providers and appropriate
1752licensure fees. Upon agency approval, the licensee shall notify
1753clients of any necessary discharge or transfer as required by
1754authorizing statutes or applicable rules. The beginning of the
1755inactive licensure period shall be the date the provider ceases
1756operations. The end of the inactive period shall become the
1757licensee expiration date, and all licensure fees must be
1758current, paid in full, and may be prorated. Reactivation of an
1759inactive license requires the prior approval by the agency of a
1760renewal application, including payment of licensure fees and
1761agency inspections indicating compliance with all requirements
1762of this part and applicable rules and statutes.
1763     (5)(3)  This section provides standards of enforcement
1764applicable to all entities licensed or regulated by the Agency
1765for Health Care Administration. This section controls over any
1766conflicting provisions of chapters 39, 381, 383, 390, 391, 393,
1767394, 395, 400, 408, 468, 483, and 641 or rules adopted pursuant
1768to those chapters.
1769     Section 29.  Emergency-preparedness prescription medication
1770refills.--All health insurers, managed care organizations, and
1771other entities that are licensed by the Office of Insurance
1772Regulation and provide prescription medication coverage as part
1773of a policy or contract shall waive time restrictions on
1774prescription medication refills, which includes suspension of
1775electronic "refill too soon" edits to pharmacies, to enable
1776insureds or subscribers to refill prescriptions in advance, if
1777there are authorized refills remaining, and shall authorize
1778payment to pharmacies for at least a thirty day supply of any
1779prescription medication, regardless of the date upon which the
1780prescription had most recently been filled by a pharmacist, when
1781the following conditions occur:
1782     (1)  The person seeking the prescription medication refill
1783resides in a county that:
1784     (a)  Is under a hurricane warning issued by the National
1785Weather Service;
1786     (b)  Is declared to be under a state of emergency in an
1787executive order issued by the Governor; or
1788     (c)  Has activated its emergency operations center and its
1789emergency management plan.
1790     (2)  The prescription medication refill is requested within
179130 days after the origination date of the conditions stated in
1792this section or until such conditions are terminated by the
1793issuing authority or no longer exists.  The time period for the
1794waiver of prescription medication refills may be extended in 15-
1795or 30-day increments by emergency orders issued by the Office of
1796Insurance Regulation.
1797
1798This section does not excuse or exempt an insured or subscriber
1799from compliance with all other terms of the policy or contract
1800providing prescription medication coverage. This section takes
1801effect July 1, 2006.
1802     Section 30.  Except as otherwise expressly provided in this
1803act, this act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.
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