Florida Senate - 2009                                    SB 2202
       
       
       
       By Senator Garcia
       
       
       
       
       40-00967A-09                                          20092202__
    1                        A bill to be entitled                      
    2         An act relating to professional certification
    3         standards for emergency management officials; amending
    4         s. 20.18, F.S.; providing requirements for appointment
    5         as director of the Division of Emergency Management of
    6         the Department of Community Affairs; amending s.
    7         252.38, F.S.; providing that each county emergency
    8         management director must meet minimum certification
    9         qualifications; creating s. 252.381, F.S.; providing
   10         requirements for appointment as a county emergency
   11         director or to an equivalent position; providing
   12         exceptions to such qualifications; providing an
   13         effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (a) of subsection (2) of section
   18  20.18, Florida Statutes, is amended to read:
   19         20.18 Department of Community Affairs.—There is created a
   20  Department of Community Affairs.
   21         (2) The following units of the Department of Community
   22  Affairs are established:
   23         (a) Division of Emergency Management. The division is a
   24  separate budget entity and is not subject to control,
   25  supervision, or direction by the Department of Community Affairs
   26  in any manner including, but not limited to, personnel,
   27  purchasing, transactions involving personal property, and
   28  budgetary matters. The division director shall be appointed by
   29  the Governor, shall serve at the pleasure of the Governor, and
   30  shall be the agency head of the division for all purposes. The
   31  director shall be appointed from among individuals who have a
   32  demonstrated ability in and knowledge of emergency management
   33  and homeland security and not less than 5 years of executive
   34  leadership and management experience in the public or private
   35  sector. The division shall enter into a service agreement with
   36  the department for professional, technological, and
   37  administrative support services. The division shall collaborate
   38  and coordinate with the department on nonemergency response
   39  matters, including, but not limited to, disaster recovery
   40  programs, grant programs, mitigation programs, and emergency
   41  matters related to comprehensive plans.
   42         Section 2. Paragraph (b) of subsection (1) of section
   43  252.38, Florida Statutes, is amended to read:
   44         252.38 Emergency management powers of political
   45  subdivisions.—Safeguarding the life and property of its citizens
   46  is an innate responsibility of the governing body of each
   47  political subdivision of the state.
   48         (1) COUNTIES.—
   49         (b) Each county emergency management agency created and
   50  established pursuant to ss. 252.31-252.90 shall have a director.
   51  The director must meet the minimum certification training and
   52  education qualifications established under s. 252.381 in a job
   53  description approved by the county. The director shall be
   54  appointed by the board of county commissioners or the chief
   55  administrative officer of the county, as described in chapter
   56  125 or the county charter, if applicable, to serve at the
   57  pleasure of the appointing authority, in conformance with
   58  applicable resolutions, ordinances, and laws. A county
   59  constitutional officer, or an employee of a county
   60  constitutional officer, may be appointed as director following
   61  prior notification to the division. Each board of county
   62  commissioners shall promptly inform the division of the
   63  appointment of the director and other personnel. Each director
   64  has direct responsibility for the organization, administration,
   65  and operation of the county emergency management agency. The
   66  director shall coordinate emergency management activities,
   67  services, and programs within the county and shall serve as
   68  liaison to the division and other local emergency management
   69  agencies and organizations.
   70         Section 3. Section 252.381, Florida Statutes, is created to
   71  read:
   72         252.381 County emergency management director or equivalent;
   73  qualifications; exceptions to qualifications.—
   74         (1) Except as provided in subsection (3), each person
   75  appointed after July 1, 2009, as a county emergency management
   76  director, or appointed after July 1, 2009, to an equivalent
   77  position, must:
   78         (a) Have completed either a 2-year degree in emergency
   79  management or a 4-year degree from an accredited university, or
   80  have at least 4 years of documented work experience as an
   81  emergency management professional at either the federal, state,
   82  or local government level, or any combination of such work
   83  experience;
   84         (b) Possess at least 4 years of documented work experience
   85  in the area of emergency response or emergency management or as
   86  a first responder;
   87         (c) Neither have been convicted of a felony nor pled nolo
   88  contendere to any charge of a felony;
   89         (d) Have satisfactorily completed 200 hours of course work
   90  in emergency management as established by rule of the division;
   91         (e) Have passed a written examination administered by the
   92  division; and
   93         (f) By July 1, 2011, and every 3 years thereafter, have
   94  completed 40 hours of emergency management continuing education
   95  and training courses. Compliance with this requirement must be
   96  demonstrated by a county emergency management director on July 1
   97  every 3 years after his or her initial fulfillment of this
   98  requirement.
   99         (2) The division shall establish by rule the reporting
  100  requirements and specifics regarding the examination, eligible
  101  courses, continuing education, and training for the requirements
  102  of paragraphs (1)(d), (e), and (f).
  103         (3)(a) A county emergency management director, or person
  104  holding an equivalent position, serving in office prior to July
  105  1, 2009, is exempt from the requirements of paragraphs (1)(a)
  106  (e).
  107         (b) An acting or interim county emergency management
  108  director may serve in that capacity for 90 days without being in
  109  compliance with the requirements of this section. After the
  110  conclusion of the 90-day period, the requirements of this
  111  section shall be enforced.
  112         Section 4. This act shall take effect July 1, 2009.