Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 2006
       
       
       
       
       
       
                                Ì8807267Î880726                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/01/2021           .                                
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       The Committee on Appropriations (Burgess) recommended the
       following:
       
    1         Senate Substitute for Amendment (723756) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Contingent upon SB 1892 or similar legislation
    7  creating the Emergency Preparedness and Response Fund taking
    8  effect, subsection (8) is added to section 11.90, Florida
    9  Statutes, to read:
   10         11.90 Legislative Budget Commission.—
   11         (8)The commission may convene to transfer unappropriated
   12  surplus funds to the Emergency Preparedness and Response Fund.
   13         Section 2. Section 252.311, Florida Statutes, is amended to
   14  read:
   15         252.311 Legislative intent.—
   16         (1) The Legislature finds and declares that the state is
   17  vulnerable to a wide range of emergencies, including natural,
   18  technological, and manmade disasters, all of which threaten the
   19  life, health, and safety of its people; damage and destroy
   20  property; disrupt services and everyday business and
   21  recreational activities; and impede economic growth and
   22  development. The Legislature further finds that this
   23  vulnerability is exacerbated by the tremendous growth in the
   24  state’s population, especially the growth in the number of
   25  persons residing in coastal areas, in the elderly population, in
   26  the number of seasonal vacationers, and in the number of persons
   27  with special needs. This growth has greatly complicated the
   28  state’s ability to coordinate its emergency management resources
   29  and activities.
   30         (2) It is the intent of the Legislature to reduce the
   31  vulnerability of the people and property of this state; to
   32  prepare for efficient evacuation and shelter of threatened or
   33  affected persons; to provide for the rapid and orderly provision
   34  of relief to persons and for the restoration of services and
   35  property; to prepare for and efficiently respond to public
   36  health emergencies; and to provide for the coordination of
   37  activities relating to emergency preparedness, response,
   38  recovery, and mitigation among and between agencies and
   39  officials of this state, with similar agencies and officials of
   40  other states, with local and federal governments, with
   41  interstate organizations, and with the private sector.
   42         (3) It is further the intent of the Legislature to promote
   43  the state’s emergency preparedness, response, recovery, and
   44  mitigation capabilities through enhanced coordination, long-term
   45  planning, and adequate funding. State policy for responding to
   46  disasters is to support local emergency response efforts. In the
   47  case of a major or catastrophic disaster, however, the needs of
   48  residents and communities will likely be greater than local
   49  resources. In these situations, the state must be capable of
   50  providing effective, coordinated, and timely support to
   51  communities and the public. Therefore, the Legislature hereby
   52  determines and declares that the provisions of this act fulfill
   53  an important state interest.
   54         (4)It is further the intent of the Legislature to minimize
   55  the negative effects of an extended emergency, such as a
   56  pandemic or another public health emergency. The Legislature
   57  recognizes that there are significant negative impacts on
   58  children and families associated with school closures during a
   59  public health emergency such as the COVID-19 pandemic. The
   60  Legislature also recognizes the significant negative impacts of
   61  such emergencies on the economy due to business closures.
   62         (5) It is further the intent of the Legislature that all
   63  aspects of emergency preparedness, response, and recovery be
   64  made transparent to the public to the greatest extent possible.
   65         Section 3. Present subsections (9) and (10) of section
   66  252.34, Florida Statutes, are redesignated as subsections (10)
   67  and (12), respectively, and new subsections (9) and (11) are
   68  added to that section, to read:
   69         252.34 Definitions.—As used in this part, the term:
   70         (9)“Personal protective equipment” means protective
   71  clothing or equipment designed to protect an individual person
   72  from injury or the spread of infection.
   73         (11)“Public health emergency” means any occurrence, or
   74  threat thereof, whether natural or manmade, which results or may
   75  result in substantial injury or harm to the public health from
   76  infectious disease, chemical agents, nuclear agents, biological
   77  toxins, or situations involving mass casualties or natural
   78  disasters, declared as a public health emergency as declared by
   79  the State Health Officer.
   80         Section 4. Subsection (2) of section 252.35, Florida
   81  Statutes, is amended to read:
   82         252.35 Emergency management powers; Division of Emergency
   83  Management.—
   84         (2) The division is responsible for carrying out the
   85  provisions of ss. 252.31-252.90. In performing its duties, the
   86  division shall:
   87         (a) Prepare a state comprehensive emergency management
   88  plan, which shall be integrated into and coordinated with the
   89  emergency management plans and programs of the Federal
   90  Government. The division shall must adopt the plan as a rule in
   91  accordance with chapter 120. The plan must shall be implemented
   92  by a continuous, integrated comprehensive emergency management
   93  program. The plan must contain provisions to ensure that the
   94  state is prepared for emergencies and minor, major, and
   95  catastrophic disasters, and the division shall work closely with
   96  local governments and agencies and organizations with emergency
   97  management responsibilities in preparing and maintaining the
   98  plan. The state comprehensive emergency management plan must
   99  shall be operations oriented and:
  100         1. Include an evacuation component that includes specific
  101  regional and interregional planning provisions and promotes
  102  intergovernmental coordination of evacuation activities. This
  103  component must, at a minimum: contain guidelines for lifting
  104  tolls on state highways; ensure coordination pertaining to
  105  evacuees crossing county lines; set forth procedures for
  106  directing people caught on evacuation routes to safe shelter;
  107  establish strategies for ensuring sufficient, reasonably priced
  108  fueling locations along evacuation routes; and establish
  109  policies and strategies for emergency medical evacuations.
  110         2. Include a shelter component that includes specific
  111  regional and interregional planning provisions and promotes
  112  coordination of shelter activities between the public, private,
  113  and nonprofit sectors. This component must, at a minimum:
  114  contain strategies to ensure the availability of adequate public
  115  shelter space in each region of the state; establish strategies
  116  for refuge-of-last-resort programs; provide strategies to assist
  117  local emergency management efforts to ensure that adequate
  118  staffing plans exist for all shelters, including medical and
  119  security personnel; provide for a postdisaster communications
  120  system for public shelters; establish model shelter guidelines
  121  for operations, registration, inventory, power generation
  122  capability, information management, and staffing; and set forth
  123  policy guidance for sheltering people with special needs.
  124         3. Include a postdisaster response and recovery component
  125  that includes specific regional and interregional planning
  126  provisions and promotes intergovernmental coordination of
  127  postdisaster response and recovery activities. This component
  128  must provide for postdisaster response and recovery strategies
  129  according to whether a disaster is minor, major, or
  130  catastrophic. The postdisaster response and recovery component
  131  must, at a minimum: establish the structure of the state’s
  132  postdisaster response and recovery organization; establish
  133  procedures for activating the state’s plan; set forth policies
  134  used to guide postdisaster response and recovery activities;
  135  describe the chain of command during the postdisaster response
  136  and recovery period; describe initial and continuous
  137  postdisaster response and recovery actions; identify the roles
  138  and responsibilities of each involved agency and organization;
  139  provide for a comprehensive communications plan; establish
  140  procedures for monitoring mutual aid agreements; provide for
  141  rapid impact assessment teams; ensure the availability of an
  142  effective statewide urban search and rescue program coordinated
  143  with the fire services; ensure the existence of a comprehensive
  144  statewide medical care and relief plan administered by the
  145  Department of Health; and establish systems for coordinating
  146  volunteers and accepting and distributing donated funds and
  147  goods.
  148         4. Include additional provisions addressing aspects of
  149  preparedness, response, recovery, and mitigation as determined
  150  necessary by the division.
  151         5. Address the need for coordinated and expeditious
  152  deployment of state resources, including the Florida National
  153  Guard. In the case of an imminent major disaster, procedures
  154  should address predeployment of the Florida National Guard, and,
  155  in the case of an imminent catastrophic disaster, procedures
  156  should address predeployment of the Florida National Guard and
  157  the United States Armed Forces.
  158         6. Establish a system of communications and warning to
  159  ensure that the state’s population and emergency management
  160  agencies are warned of developing emergency situations,
  161  including public health emergencies, and can communicate
  162  emergency response decisions.
  163         7. Establish guidelines and schedules for annual exercises
  164  that evaluate the ability of the state and its political
  165  subdivisions to respond to minor, major, and catastrophic
  166  disasters and support local emergency management agencies. Such
  167  exercises shall be coordinated with local governments and, to
  168  the extent possible, the Federal Government.
  169         8. Assign lead and support responsibilities to state
  170  agencies and personnel for emergency support functions and other
  171  support activities.
  172         9.Include the public health emergency plan developed by
  173  the Department of Health pursuant to s. 381.00315.
  174  
  175  The complete state comprehensive emergency management plan must
  176  shall be submitted to the President of the Senate, the Speaker
  177  of the House of Representatives, and the Governor on February 1
  178  of every even-numbered year.
  179         (b) Adopt standards and requirements for county emergency
  180  management plans. The standards and requirements must ensure
  181  that county plans are coordinated and consistent with the state
  182  comprehensive emergency management plan. If a municipality
  183  elects to establish an emergency management program, it must
  184  adopt a city emergency management plan that complies with all
  185  standards and requirements applicable to county emergency
  186  management plans.
  187         (c) Assist political subdivisions in preparing and
  188  maintaining emergency management plans.
  189         (d) Review periodically political subdivision emergency
  190  management plans for consistency with the state comprehensive
  191  emergency management plan and standards and requirements adopted
  192  under this section.
  193         (e) Cooperate with the President, the heads of the Armed
  194  Forces, the various federal emergency management agencies,
  195  federal or state health agencies, and the officers and agencies
  196  of other states in matters pertaining to emergency management in
  197  the state and the nation and incidents thereof and, in
  198  connection therewith, take any measures that it deems proper to
  199  carry into effect any request of the President and the
  200  appropriate federal officers and agencies for any emergency
  201  management action, including the direction or control of:
  202         1. Emergency management drills, tests, or exercises of
  203  whatever nature.
  204         2. Warnings and signals for tests and drills, attacks, or
  205  other imminent emergencies or threats thereof and the mechanical
  206  devices to be used in connection with such warnings and signals.
  207         (f) Make recommendations to the Legislature, building code
  208  organizations, and political subdivisions for zoning, building,
  209  and other land use controls; safety measures for securing mobile
  210  homes or other nonpermanent or semipermanent structures; and
  211  other preparedness, prevention, and mitigation measures designed
  212  to eliminate emergencies or reduce their impact.
  213         (g) In accordance with the state comprehensive emergency
  214  management plan and program for emergency management, ascertain
  215  the requirements of the state and its political subdivisions for
  216  equipment and supplies of all kinds in the event of an
  217  emergency; plan for and either procure supplies, medicines,
  218  materials, and equipment or enter into memoranda of agreement or
  219  open purchase orders that will ensure their availability; and
  220  use and employ from time to time any of the property, services,
  221  and resources within the state in accordance with ss. 252.31
  222  252.90.
  223         (h) Anticipate trends and promote innovations that will
  224  enhance the emergency management system.
  225         (i) Institute statewide public awareness programs,
  226  including. This shall include an intensive public educational
  227  campaign on emergency preparedness issues. Such programs must
  228  include, including, but need not be limited to, the personal
  229  responsibility of individual residents citizens to be self
  230  sufficient for up to 72 hours following a natural or manmade
  231  disaster or a public health emergency. The public educational
  232  campaign must shall include relevant information on public
  233  health emergency mitigation, statewide disaster plans,
  234  evacuation routes, fuel suppliers, and shelters. All educational
  235  materials must be available in alternative formats and mediums
  236  to ensure that they are available to persons with disabilities.
  237         (j) In cooperation with the Department of Education,
  238  coordinate with the Agency for Persons with Disabilities to
  239  provide an educational outreach program on disaster preparedness
  240  and readiness to individuals who have limited English skills and
  241  identify persons who are in need of assistance but are not
  242  defined under special-needs criteria.
  243         (k) Prepare and distribute to appropriate state and local
  244  officials catalogs of federal, state, and private assistance
  245  programs.
  246         (l) Coordinate federal, state, and local emergency
  247  management activities and take all other steps, including the
  248  partial or full mobilization of emergency management forces and
  249  organizations in advance of an actual emergency, to ensure the
  250  availability of adequately trained and equipped forces of
  251  emergency management personnel before, during, and after
  252  emergencies and disasters.
  253         (m) Establish a schedule of fees that may be charged by
  254  local emergency management agencies for review of emergency
  255  management plans on behalf of external agencies and
  256  institutions. In establishing such schedule, the division shall
  257  consider facility size, review complexity, and other factors.
  258         (n) Implement training programs to improve the ability of
  259  state and local emergency management personnel to prepare and
  260  implement emergency management plans and programs. This shall
  261  include a continuous training program for agencies and
  262  individuals that will be called on to perform key roles in state
  263  and local postdisaster response and recovery efforts and for
  264  local government personnel on federal and state postdisaster
  265  response and recovery strategies and procedures.
  266         (o) Review periodically emergency operating procedures of
  267  state agencies and recommend revisions as needed to ensure
  268  consistency with the state comprehensive emergency management
  269  plan and program.
  270         (p) Make such surveys of industries, resources, and
  271  facilities within the state, both public and private, as are
  272  necessary to carry out the purposes of ss. 252.31-252.90.
  273         (q) Prepare, in advance whenever possible, such executive
  274  orders, proclamations, and rules for issuance by the Governor as
  275  are necessary or appropriate for coping with emergencies and
  276  disasters.
  277         (r) Cooperate with the Federal Government and any public or
  278  private agency or entity in achieving any purpose of ss. 252.31
  279  252.90 and in implementing programs for mitigation, preparation,
  280  response, and recovery.
  281         (s) Complete an inventory of portable generators owned by
  282  the state and local governments which are capable of operating
  283  during a major disaster. The inventory must identify, at a
  284  minimum, the location of each generator, the number of
  285  generators stored at each specific location, the agency to which
  286  each generator belongs, the primary use of the generator by the
  287  owner agency, and the names, addresses, and telephone numbers of
  288  persons having the authority to loan the stored generators as
  289  authorized by the division during a declared emergency.
  290         (t) Maintain an inventory list of generators owned by the
  291  state and local governments. In addition, the division may keep
  292  a list of private entities, along with appropriate contact
  293  information, which offer generators for sale or lease. The list
  294  of private entities shall be available to the public for
  295  inspection in written and electronic formats.
  296         (u) Acquire and maintain a supply of personal protective
  297  equipment owned by the state for use by state agencies and to
  298  assist local government and the private sector in meeting safety
  299  needs during a declared emergency. The division shall conduct
  300  regular inventories of the supply, which must include
  301  projections of the need for additional personal protective
  302  equipment, as assessed by each governmental agency, to maintain
  303  the supply and replace expired items. The division shall
  304  maintain and replace the equipment on a standardized schedule
  305  that recognizes equipment expiration and obsolescence. This
  306  paragraph is subject to appropriation. The initial inventory
  307  must be reported by December 31, 2021, to the Governor, the
  308  President of the Senate, the Speaker of the House of
  309  Representatives, and the Chief Justice of the Supreme Court and,
  310  thereafter, the inventory must be reported by each December 31
  311  to those officers.
  312         (v) Assist political subdivisions with the creation and
  313  training of urban search and rescue teams and promote the
  314  development and maintenance of a state urban search and rescue
  315  program.
  316         (w)(v) Delegate, as necessary and appropriate, authority
  317  vested in it under ss. 252.31-252.90 and provide for the
  318  subdelegation of such authority. The duration of each such
  319  delegation or subdelegation during an emergency may not exceed
  320  60 days; however a delegation or subdelegation may be renewed
  321  during the emergency, as necessary.
  322         (x)(w) Report biennially to the President of the Senate,
  323  the Speaker of the House of Representatives, the Chief Justice
  324  of the Supreme Court, and the Governor, no later than February 1
  325  of every odd-numbered year, the status of the emergency
  326  management capabilities of the state and its political
  327  subdivisions. This report must include the emergency management
  328  capabilities related to public health emergencies, as determined
  329  in collaboration with the Department of Health.
  330         (y)(x) In accordance with chapter 120, create, implement,
  331  administer, adopt, amend, and rescind rules, programs, and plans
  332  needed to carry out the provisions of ss. 252.31-252.90 with due
  333  consideration for, and in cooperating with, the plans and
  334  programs of the Federal Government. In addition, the division
  335  may adopt rules in accordance with chapter 120 to administer and
  336  distribute federal financial predisaster and postdisaster
  337  assistance for prevention, mitigation, preparedness, response,
  338  and recovery.
  339         (z)(y) Do other things necessary, incidental, or
  340  appropriate for the implementation of ss. 252.31-252.90.
  341         Section 5. Subsection (2) of section 252.355, Florida
  342  Statutes, is amended to read:
  343         252.355 Registry of persons with special needs; notice;
  344  registration program.—
  345         (2) In order to ensure that all persons with special needs
  346  may register, the division shall develop and maintain a special
  347  needs shelter registration program. During a public health
  348  emergency in which physical distancing is necessary, as
  349  determined by the State Health Officer, the division must
  350  maintain information on special needs shelter options that
  351  mitigate the threat of the spread of infectious diseases The
  352  registration program must be developed by January 1, 2015, and
  353  fully implemented by March 1, 2015.
  354         (a) The registration program shall include, at a minimum, a
  355  uniform electronic registration form and a database for
  356  uploading and storing submitted registration forms that may be
  357  accessed by the appropriate local emergency management agency.
  358  The link to the registration form shall be easily accessible on
  359  each local emergency management agency’s website. Upon receipt
  360  of a paper registration form, the local emergency management
  361  agency shall enter the person’s registration information into
  362  the database.
  363         (b) To assist in identifying persons with special needs,
  364  home health agencies, hospices, nurse registries, home medical
  365  equipment providers, the Department of Children and Families,
  366  the Department of Health, the Agency for Health Care
  367  Administration, the Department of Education, the Agency for
  368  Persons with Disabilities, the Department of Elderly Affairs,
  369  and memory disorder clinics shall, and any physician licensed
  370  under chapter 458 or chapter 459 and any pharmacy licensed under
  371  chapter 465 may, annually provide registration information to
  372  all of their special needs clients or their caregivers. The
  373  division shall develop a brochure that provides information
  374  regarding special needs shelter registration procedures. The
  375  brochure must be easily accessible on the division’s website.
  376  All appropriate agencies and community-based service providers,
  377  including aging and disability resource centers, memory disorder
  378  clinics, home health care providers, hospices, nurse registries,
  379  and home medical equipment providers, shall, and any physician
  380  licensed under chapter 458 or chapter 459 may, assist emergency
  381  management agencies by annually registering persons with special
  382  needs for special needs shelters, collecting registration
  383  information for persons with special needs as part of the
  384  program intake process, and establishing programs to educate
  385  clients about the registration process and disaster preparedness
  386  safety procedures. A client of a state-funded or federally
  387  funded service program who has a physical, mental, or cognitive
  388  impairment or sensory disability and who needs assistance in
  389  evacuating, or when in a shelter, must register as a person with
  390  special needs. The registration program shall give persons with
  391  special needs the option of preauthorizing emergency response
  392  personnel to enter their homes during search and rescue
  393  operations if necessary to ensure their safety and welfare
  394  following disasters.
  395         (c) The division shall be the designated lead agency
  396  responsible for community education and outreach to the public,
  397  including special needs clients, regarding registration and
  398  special needs shelters and general information regarding shelter
  399  stays.
  400         (d) On or before May 31 of each year, each electric utility
  401  in the state shall annually notify residential customers in its
  402  service area of the availability of the registration program
  403  available through their local emergency management agency by:
  404         1. An initial notification upon the activation of new
  405  residential service with the electric utility, followed by one
  406  annual notification between January 1 and May 31; or
  407         2. Two separate annual notifications between January 1 and
  408  May 31.
  409  
  410  The notification may be made by any available means, including,
  411  but not limited to, written, electronic, or verbal notification,
  412  and may be made concurrently with any other notification to
  413  residential customers required by law or rule.
  414         Section 6. Subsection (5) of section 252.356, Florida
  415  Statutes, is amended to read:
  416         252.356 Emergency and disaster planning provisions to
  417  assist persons with disabilities or limitations.—State agencies
  418  that contract with providers for the care of persons with
  419  disabilities or limitations that make such persons dependent
  420  upon the care of others shall include emergency and disaster
  421  planning provisions in such contracts at the time the contracts
  422  are initiated or upon renewal. These provisions shall include,
  423  but shall not be limited to:
  424         (5) A procedure for providing the essential services the
  425  organization currently provides to special needs clients in
  426  preparation for, and during, and following, a disaster,
  427  including, but not limited to, a public health emergency.
  428         Section 7. Subsection (2) of section 252.359, Florida
  429  Statutes, is amended to read:
  430         252.359 Ensuring availability of emergency supplies.—
  431         (2) As used in this section, the term “essentials” means
  432  goods that are consumed or used as a direct result of a declared
  433  emergency, or that are consumed or used to preserve, protect, or
  434  sustain life, health, safety, or economic well-being. The term
  435  includes, but is not limited to, personal protective equipment
  436  used in the event of a public health emergency.
  437         Section 8. Present subsections (3) through (10) of section
  438  252.36, Florida Statutes, are redesignated as subsections (4)
  439  through (11), respectively, a new subsection (3) is added to
  440  that section, and subsections (1) and (2) and paragraph (c) of
  441  present subsection (5) of that section are amended, to read:
  442         252.36 Emergency management powers of the Governor.—
  443         (1)(a) The Governor is responsible for meeting the dangers
  444  presented to this state and its people by emergencies. In the
  445  event of an emergency beyond local control, the Governor, or, in
  446  the Governor’s absence, her or his successor as provided by law,
  447  may assume direct operational control over all or any part of
  448  the emergency management functions within this state, and she or
  449  he shall have the power through proper process of law to carry
  450  out the provisions of this section. The Governor is authorized
  451  to delegate such powers as she or he may deem prudent.
  452         (b) Pursuant to the authority vested in her or him under
  453  paragraph (a), the Governor may issue executive orders,
  454  proclamations, and rules and may amend or rescind them. Such
  455  executive orders, proclamations, and rules shall have the force
  456  and effect of law. An executive order, a proclamation, or a rule
  457  must be limited to a duration of not more than 60 days and may
  458  be renewed as necessary during the duration of the emergency. If
  459  renewed, the order, proclamation, or rule must specifically
  460  state which provisions are being renewed.
  461         (c)The Legislature intends that, during an extended public
  462  health emergency, such as the COVID-19 pandemic, there should be
  463  a presumption that K-12 public schools, to the greatest extent
  464  possible, should remain open so long as the health and safety of
  465  students and school personnel can be maintained by specific
  466  public health mitigation strategies recommended by federal or
  467  state health agencies for educational settings. The Legislature
  468  also intends that during such an event, there be a presumption
  469  that businesses should remain open to the greatest extent
  470  possible so long as the health and safety of employees and
  471  customers can be reasonably protected by specific public health
  472  mitigation strategies recommended by federal or state health
  473  agencies, including but not limited to the Occupational Safety
  474  and Health Administration.
  475         1. If the Governor declares by executive order or
  476  proclamation that the emergency requires closure of or
  477  restricted in-person attendance at K-12 public schools, the
  478  executive order or proclamation must contain specific reasons
  479  for those determinations, and he or she must review and reassess
  480  the situation regularly.
  481         2. If the Governor declares by executive order or
  482  proclamation that the emergency requires businesses to restrict
  483  their operations or close, the executive order or proclamation
  484  must contain specific reasons for those determinations, and he
  485  or she must review and reassess the situation regularly.
  486         (2) A state of emergency must shall be declared by
  487  executive order or proclamation of the Governor if she or he
  488  finds an emergency has occurred or that the occurrence or the
  489  threat thereof is imminent. The state of emergency must shall
  490  continue until the Governor finds that the threat or danger has
  491  been dealt with to the extent that the emergency conditions no
  492  longer exist and she or he terminates the state of emergency by
  493  executive order or proclamation, but no state of emergency may
  494  continue for longer than 60 days unless renewed by the Governor.
  495  The Legislature by concurrent resolution may terminate a state
  496  of emergency at any time. Thereupon, the Governor shall issue an
  497  executive order or proclamation ending the state of emergency.
  498  All executive orders or proclamations issued under this section
  499  must shall indicate the nature of the emergency, the area or
  500  areas threatened, and the conditions which have brought the
  501  emergency about or which make possible its termination. An
  502  executive order or proclamation must shall be promptly
  503  disseminated by means calculated to bring its contents to the
  504  attention of the general public; and, unless the circumstances
  505  attendant upon the emergency prevent or impede such filing, the
  506  order or proclamation must shall be filed promptly with the
  507  Department of State, the President of the Senate and the Speaker
  508  of the House of Representatives, and in the offices of the
  509  county commissioners in the counties to which the order or
  510  proclamation applies.
  511         (3)(a) At any time, the Legislature, by concurrent
  512  resolution, may terminate a state of emergency or any specific
  513  order thereunder. Upon such concurrent resolution, the Governor
  514  shall issue an executive order or proclamation consistent with
  515  the concurrent resolution.
  516         (b) Notwithstanding s. 252.46(2), all emergency
  517  declarations and orders, regardless of how titled, issued under
  518  the authority of this part by the Governor or any agency,
  519  whether by direct, delegated, or subdelegated authority, before,
  520  during, or after a declared emergency, must be immediately filed
  521  with the Division of Administrative Hearings. Failure to file
  522  any such declaration or order with the division within 5 days
  523  after issuance voids the declaration or order. The division
  524  shall index all such declarations and orders and make them
  525  available in searchable format on its website within 3 days of
  526  filing. The searchable format must include, but is not limited
  527  to, searches by term, referenced statutes, and rules and must
  528  include a search category that specifically identifies emergency
  529  orders in effect at any given time. A link to the division’s
  530  index must be placed in a conspicuous location on the Division
  531  of Emergency Management’s website. This subsection applies
  532  retroactively to all executive emergency declarations and orders
  533  in effect on the effective date of this act.
  534         (6)(5) In addition to any other powers conferred upon the
  535  Governor by law, she or he may:
  536         (c) Transfer the direction, personnel, or functions of
  537  state departments and agencies or units thereof for the purpose
  538  of performing or facilitating emergency services. The transfer
  539  of the direction, personnel, or functions of state departments
  540  and agencies must be reported monthly on a cumulative basis to
  541  the President of the Senate and the Speaker of the House of
  542  Representatives.
  543         Section 9. Section 252.3611, Florida Statutes, is created
  544  to read:
  545         252.3611Transparency; audits.—
  546         (1)Each order, proclamation, or rule issued by the
  547  Governor, the division, or any agency must specify the statute
  548  or rule being amended or waived, if applicable, and the
  549  expiration date for the order, proclamation, or rule.
  550         (2)When the duration of an emergency exceeds 90 days:
  551         (a)Within 72 hours of executing a contract executed with
  552  moneys authorized for expenditure to support the response to the
  553  declared state of emergency, the Governor shall submit a copy of
  554  such contract to the Legislature. For contracts executed during
  555  the first 90 days of the emergency, the Governor shall submit a
  556  copy to the Legislature within the first 120 days of the
  557  declared emergency.
  558         (b)The Executive Office of the Governor or the appropriate
  559  agency shall submit monthly reports to the Legislature of all
  560  state expenditures, revenues received, and funds transferred by
  561  an agency during the previous month to support the declared
  562  state of emergency.
  563         (3)Once an emergency exceeds 1 year, the Auditor General
  564  shall conduct a financial audit of all associated expenditures
  565  and a compliance audit of all associated contracts entered into
  566  during the declared emergency. The Auditor General must update
  567  the audit annually until the emergency is declared to be ended.
  568         (4)Following the expiration or termination of a state of
  569  emergency, the Auditor General shall conduct a financial audit
  570  of all associated expenditures and a compliance audit of all
  571  associated contracts entered into during the state of emergency.
  572         Section 10. Subsection (3) of section 252.365, Florida
  573  Statutes, is amended to read:
  574         252.365 Emergency coordination officers; disaster
  575  preparedness plans.—
  576         (3) Emergency coordination officers shall ensure These
  577  individuals shall be responsible for ensuring that each state
  578  agency and facility, such as a prison, office building, or
  579  university, has a disaster preparedness plan that is coordinated
  580  with the applicable local emergency-management agency and
  581  approved by the division.
  582         (a) The disaster-preparedness plan must outline a
  583  comprehensive and effective program to ensure continuity of
  584  essential state functions under all circumstances, including,
  585  but not limited to, a pandemic or other public health emergency.
  586  The plan must identify a baseline of preparedness for a full
  587  range of potential emergencies to establish a viable capability
  588  to perform essential functions during any emergency or other
  589  situation that disrupts normal operations. This baseline must
  590  consider and include preparedness for rapid and large-scale
  591  increases in the public’s need to access government services
  592  through technology or other means during an emergency,
  593  including, but not limited to, a public health emergency.
  594         (b) The plan must include, at a minimum, the following
  595  elements: identification of essential functions, programs, and
  596  personnel; procedures to implement the plan and personnel
  597  notification and accountability; delegations of authority and
  598  lines of succession; identification of alternative facilities
  599  and related infrastructure, including those for communications;
  600  identification and protection of vital records and databases;
  601  provisions regarding the availability of, and distribution plans
  602  for, personal protective equipment; and schedules and procedures
  603  for periodic tests, training, and exercises.
  604         (c) The division shall develop and distribute guidelines
  605  for developing and implementing the plan. By December 31, 2022,
  606  each agency must update its plan to include provisions related
  607  to preparation for pandemics and other public health emergencies
  608  consistent with the plan developed pursuant to s. 381.00315.
  609  Each agency plan must be updated as needed to remain consistent
  610  with the state public health emergency management plan.
  611         Section 11. Subsections (2) and (3) of section 252.37,
  612  Florida Statutes, are amended, and subsection (7) is added to
  613  that section, to read:
  614         252.37 Financing.—
  615         (2)(a) It is the legislative intent that the first recourse
  616  be made to funds specifically regularly appropriated to state
  617  and local agencies for disaster relief or response.
  618         (b) If the Governor finds that the demands placed upon
  619  these funds in coping with a particular disaster declared by the
  620  Governor as a state of emergency are unreasonably great, she or
  621  he may make funds available by transferring and expending moneys
  622  appropriated for other purposes, by transferring and expending
  623  moneys out of any unappropriated surplus funds, or from the
  624  Emergency Preparedness and Response Budget Stabilization Fund.
  625  Notice of such action, as provided in s. 216.177, must be
  626  delivered at least 7 days before the effective date of the
  627  action. If the President of the Senate and the Speaker of the
  628  House of Representatives timely advise in writing that they
  629  object to the transfer, the Governor must void such action. The
  630  Governor may request additional funds to be appropriated to the
  631  Emergency Preparedness and Response Fund by a budget amendment,
  632  subject to approval of the Legislative Budget Commission.
  633         (c) Following the expiration or termination of the state of
  634  emergency, the Governor may transfer moneys with a budget
  635  amendment, subject to approval by the Legislative Budget
  636  Commission, to satisfy the budget authority granted for such
  637  emergency. The transfers and expenditures supporting the
  638  amendment must be directly related to the declared disaster or
  639  emergency.
  640         (3) Nothing contained in this section shall be construed to
  641  limit the authority of the Governor to apply for, administer,
  642  and expend any grants, gifts, or payments in aid of emergency
  643  prevention, mitigation, preparedness, response, or recovery.
  644         (7)Before any expenditures are made, an agency, a county,
  645  or a municipality must submit a detailed spending plan for any
  646  grants, gifts, loans, funds, payments, services, equipment,
  647  supplies, or materials received under this section in aid of or
  648  for the purpose of emergency prevention, management, mitigation,
  649  preparedness, response, or recovery to the President of the
  650  Senate, the Speaker of the House of Representatives, and the
  651  chairs of the legislative appropriations committees. If an
  652  emergency situation precludes the advance submission of a
  653  detailed spending plan, the plan must be submitted as soon as
  654  practicable, but not later than 30 days after initiation of any
  655  expenditures and continuing every 30 days for the duration of
  656  the emergency and thereafter while funds continue to be
  657  disbursed in response to the emergency.
  658         Section 12. Subsections (1), (2), and (3) of section
  659  252.385, Florida Statutes, are amended to read:
  660         252.385 Public shelter space.—
  661         (1) It is the intent of the Legislature that this state not
  662  have a deficit of safe public hurricane evacuation shelter space
  663  in any region of the state by 1998 and thereafter.
  664         (2)(a) The division shall administer a program to survey
  665  existing schools, universities, community colleges, and other
  666  state-owned, municipally owned, and county-owned public
  667  buildings and any private facility that the owner, in writing,
  668  agrees to provide for use as a public hurricane evacuation
  669  shelter to identify those that are appropriately designed and
  670  located to serve as such shelters. The owners of the facilities
  671  must be given the opportunity to participate in the surveys. The
  672  state university boards of trustees, district school boards,
  673  community college boards of trustees, and the Department of
  674  Education are responsible for coordinating and implementing the
  675  survey of public schools, universities, and community colleges
  676  with the division or the local emergency management agency.
  677         (b) By January 31 of each even-numbered year, the division
  678  shall prepare and submit a statewide emergency shelter plan to
  679  the Governor and Cabinet for approval, subject to the
  680  requirements for approval in s. 1013.37(2). The emergency
  681  shelter plan must project, for each of the next 5 years, the
  682  hurricane shelter needs of the state, including periods of time
  683  during which a concurrent public health emergency may
  684  necessitate more space for each individual to accommodate
  685  physical distancing. In addition to information on the general
  686  shelter needs throughout this state, the plan must shall
  687  identify the general location and square footage of special
  688  needs shelters, by regional planning council region, during the
  689  next 5 years. The plan must shall also include information on
  690  the availability of shelters that accept pets. The Department of
  691  Health shall assist the division in determining the estimated
  692  need for special needs shelter space and the adequacy of
  693  facilities to meet the needs of persons with special needs based
  694  on information from the registries of persons with special needs
  695  and other information.
  696         (3) The division shall annually provide to the President of
  697  the Senate, the Speaker of the House of Representatives, and the
  698  Governor a list of facilities recommended to be retrofitted
  699  using state funds. State funds should be maximized and targeted
  700  to regional planning council regions with hurricane evacuation
  701  shelter deficits. Retrofitting facilities in regions with public
  702  hurricane evacuation shelter deficits shall be given first
  703  priority and should be completed by 2003. All recommended
  704  facilities should be retrofitted by 2008. The owner or lessee of
  705  a public hurricane evacuation shelter that is included on the
  706  list of facilities recommended for retrofitting is not required
  707  to perform any recommended improvements.
  708         Section 13. Subsection (1) of section 252.44, Florida
  709  Statutes, is amended to read:
  710         252.44 Emergency mitigation.—
  711         (1) In addition to prevention measures included in the
  712  state and local comprehensive emergency management plans, the
  713  Governor shall consider on a continuing basis steps that could
  714  be taken to mitigate the harmful consequences of emergencies. At
  715  the Governor’s direction and pursuant to any other authority and
  716  competence they have, state agencies, including, but not limited
  717  to, those charged with responsibilities in connection with
  718  protecting and maintaining the public health, flood plain
  719  management, stream encroachment and flow regulation, weather
  720  modification, fire prevention and control, air quality, public
  721  works, land use and land use planning, and construction
  722  standards, shall make studies of emergency-mitigation-related
  723  matters. The Governor, from time to time, shall make such
  724  recommendations to the Legislature, local governments, and other
  725  appropriate public and private entities as may facilitate
  726  measures for mitigation of the harmful consequences of
  727  emergencies.
  728         Section 14. Present subsection (3) of section 252.46,
  729  Florida Statutes, is redesignated as subsection (4), a new
  730  subsection (3) is added to that section, and subsection (2) of
  731  that section is amended, to read:
  732         252.46 Orders and rules.—
  733         (2) All orders and rules adopted by the division or any
  734  political subdivision or other agency authorized by ss. 252.31
  735  252.90 to make orders and rules have full force and effect of
  736  law after adoption in accordance with the provisions of chapter
  737  120 in the event of issuance by the division or any state agency
  738  or, if adopted promulgated by a political subdivision of the
  739  state or agency thereof, when filed in the office of the clerk
  740  or recorder of the political subdivision or agency adopting
  741  promulgating the same. Failure of a political subdivision to
  742  file any such order or rule with the office of the clerk or
  743  recorder within 3 days after issuance voids the declaration or
  744  order. All existing laws, ordinances, and rules inconsistent
  745  with the provisions of ss. 252.31-252.90, or any order or rule
  746  issued under the authority of ss. 252.31-252.90, shall be
  747  suspended during the period of time and to the extent that such
  748  conflict exists.
  749         (3) Emergency ordinances, declarations, and orders adopted
  750  by a political subdivision under the authority of ss. 252.31
  751  252.90, including those enacted by a municipality pursuant to s.
  752  166.041(3)(b), must be available on a dedicated webpage
  753  accessible through a conspicuous link on the political
  754  subdivision’s homepage. The dedicated webpage must identify the
  755  emergency ordinances, declarations, and orders currently in
  756  effect. Each political subdivision adopting emergency
  757  ordinances, declarations, or orders must provide the Division of
  758  Emergency Management with the link to the political
  759  subdivision’s dedicated webpage. The Division of Emergency
  760  Management must include these links in an easily identifiable
  761  format on its website.
  762         Section 15. Paragraph (a) of subsection (2) of section
  763  377.703, Florida Statutes, is amended to read:
  764         377.703 Additional functions of the Department of
  765  Agriculture and Consumer Services.—
  766         (2) DUTIES.—The department shall perform the following
  767  functions, unless as otherwise provided, consistent with the
  768  development of a state energy policy:
  769         (a) The Division of Emergency Management is responsible for
  770  the development of an energy emergency contingency plan to
  771  respond to serious shortages of primary and secondary energy
  772  sources. Upon a finding by the Governor, implementation of any
  773  emergency program shall be upon order of the Governor that a
  774  particular kind or type of fuel is, or that the occurrence of an
  775  event which is reasonably expected within 30 days will make the
  776  fuel, in short supply. The Division of Emergency Management
  777  shall then respond by instituting the appropriate measures of
  778  the contingency plan to meet the given emergency or energy
  779  shortage. The Governor may utilize the provisions of s.
  780  252.36(6) s. 252.36(5) to carry out any emergency actions
  781  required by a serious shortage of energy sources.
  782         Section 16. Paragraph (c) of subsection (1) and subsection
  783  (2) of section 381.00315, Florida Statutes, are amended to read:
  784         381.00315 Public health advisories; public health
  785  emergencies; isolation and quarantines.—The State Health Officer
  786  is responsible for declaring public health emergencies, issuing
  787  public health advisories, and ordering isolation or quarantines.
  788         (1) As used in this section, the term:
  789         (c) “Public health emergency” means any occurrence, or
  790  threat thereof, whether natural or manmade, which results or may
  791  result in substantial injury or harm to the public health from
  792  infectious disease, chemical agents, nuclear agents, biological
  793  toxins, or situations involving mass casualties or natural
  794  disasters.
  795         (2)(a)The department shall prepare and maintain a state
  796  public health emergency management plan to serve as a
  797  comprehensive guide to public health emergency response in this
  798  state. The department shall develop the plan in collaboration
  799  with the Division of Emergency Management, other executive
  800  agencies with functions relevant to public health emergencies,
  801  district medical examiners, and national and state public health
  802  experts and ensure that it integrates and coordinates with the
  803  public health emergency management plans and programs of the
  804  Federal Government. The plan must address each element of public
  805  health emergency planning and incorporate public health and
  806  epidemiological best practices to ensure that the state is
  807  prepared for every foreseeable public health emergency. The plan
  808  must include an assessment of state and local public health
  809  infrastructure, including information systems, physical plant,
  810  commodities, and human resources, and an analysis of the
  811  infrastructure necessary to achieve the level of readiness
  812  proposed by the plan for short-term and long-term public
  813  emergencies. Beginning July 1, 2022, the department shall submit
  814  the plan to the Division of Emergency Management for inclusion
  815  in the state comprehensive emergency management plan pursuant to
  816  s. 252.35. The department shall review the plan after the
  817  declared end of each public health emergency, and, in any event,
  818  at least every five years, and update its terms as necessary to
  819  ensure continuous planning.
  820         (b) Before declaring a public health emergency, the State
  821  Health Officer shall, to the extent possible, consult with the
  822  Governor and shall notify the Chief of Domestic Security. The
  823  declaration of a public health emergency shall continue until
  824  the State Health Officer finds that the threat or danger has
  825  been dealt with to the extent that the emergency conditions no
  826  longer exist and he or she terminates the declaration. However,
  827  a declaration of a public health emergency may not continue for
  828  longer than 60 days unless the Governor concurs in the renewal
  829  of the declaration.
  830         (c)The State Health Officer, upon declaration of a public
  831  health emergency, shall establish by order the method and
  832  procedure for identifying and reporting cases and deaths
  833  involving the infectious disease or other occurrence identified
  834  as the basis for the declared public health emergency. The
  835  method and procedure must be consistent with any standards
  836  developed by the Federal Government specific to the declared
  837  emergency or, if federal standards do not exist, must be
  838  consistent with public health best practices as identified by
  839  the State Health Officer. During the pendency of a public health
  840  emergency, the department is the sole entity responsible for the
  841  collection and official reporting and publication of cases and
  842  deaths. The State Health Officer, by order or emergency rule,
  843  may ensure necessary assistance from licensed health care
  844  providers in carrying out this function and may request the
  845  assistance of district medical examiners in performing this
  846  function.
  847         (d) The State Health Officer, upon declaration of a public
  848  health emergency, may take actions that are necessary to protect
  849  the public health. Such actions include, but are not limited to:
  850         1. Directing manufacturers of prescription drugs or over
  851  the-counter drugs who are permitted under chapter 499 and
  852  wholesalers of prescription drugs located in this state who are
  853  permitted under chapter 499 to give priority to the shipping of
  854  specified drugs to pharmacies and health care providers within
  855  geographic areas that have been identified by the State Health
  856  Officer. The State Health Officer must identify the drugs to be
  857  shipped. Manufacturers and wholesalers located in the state must
  858  respond to the State Health Officer’s priority shipping
  859  directive before shipping the specified drugs.
  860         2. Notwithstanding chapters 465 and 499 and rules adopted
  861  thereunder, directing pharmacists employed by the department to
  862  compound bulk prescription drugs and provide these bulk
  863  prescription drugs to physicians and nurses of county health
  864  departments or any qualified person authorized by the State
  865  Health Officer for administration to persons as part of a
  866  prophylactic or treatment regimen.
  867         3. Notwithstanding s. 456.036, temporarily reactivating the
  868  inactive license of the following health care practitioners,
  869  when such practitioners are needed to respond to the public
  870  health emergency: physicians licensed under chapter 458 or
  871  chapter 459; physician assistants licensed under chapter 458 or
  872  chapter 459; licensed practical nurses, registered nurses, and
  873  advanced practice registered nurses licensed under part I of
  874  chapter 464; respiratory therapists licensed under part V of
  875  chapter 468; and emergency medical technicians and paramedics
  876  certified under part III of chapter 401. Only those health care
  877  practitioners specified in this paragraph who possess an
  878  unencumbered inactive license and who request that such license
  879  be reactivated are eligible for reactivation. An inactive
  880  license that is reactivated under this paragraph shall return to
  881  inactive status when the public health emergency ends or before
  882  the end of the public health emergency if the State Health
  883  Officer determines that the health care practitioner is no
  884  longer needed to provide services during the public health
  885  emergency. Such licenses may only be reactivated for a period
  886  not to exceed 90 days without meeting the requirements of s.
  887  456.036 or chapter 401, as applicable.
  888         4. Ordering an individual to be examined, tested,
  889  vaccinated, treated, isolated, or quarantined for communicable
  890  diseases that have significant morbidity or mortality and
  891  present a severe danger to public health. Individuals who are
  892  unable or unwilling to be examined, tested, vaccinated, or
  893  treated for reasons of health, religion, or conscience may be
  894  subjected to isolation or quarantine.
  895         a. Examination, testing, vaccination, or treatment may be
  896  performed by any qualified person authorized by the State Health
  897  Officer.
  898         b. If the individual poses a danger to the public health,
  899  the State Health Officer may subject the individual to isolation
  900  or quarantine. If there is no practical method to isolate or
  901  quarantine the individual, the State Health Officer may use any
  902  means necessary to vaccinate or treat the individual.
  903         c. Any order of the State Health Officer given to
  904  effectuate this paragraph is shall be immediately enforceable by
  905  a law enforcement officer under s. 381.0012.
  906         (e)(2) Individuals who assist the State Health Officer at
  907  his or her request on a volunteer basis during a public health
  908  emergency are entitled to the benefits specified in s.
  909  110.504(2), (3), (4), and (5).
  910         Section 17. Subsection (1) of section 406.11, Florida
  911  Statutes, is amended, and paragraph (c) is added to subsection
  912  (2) of that section, to read:
  913         406.11 Examinations, investigations, and autopsies.—
  914         (1) In any of the following circumstances involving the
  915  death of a human being, the medical examiner of the district in
  916  which the death occurred or the body was found shall determine
  917  the cause of death and certify the death and shall, for that
  918  purpose, make or perform have performed such examinations,
  919  investigations, and autopsies as he or she deems shall deem
  920  necessary or as shall be requested by the state attorney:
  921         (a) When any person dies in this the state:
  922         1. Of criminal violence.
  923         2. By accident.
  924         3. By suicide.
  925         4. Suddenly, when in apparent good health.
  926         5. Unattended by a practicing physician or other recognized
  927  practitioner.
  928         6. In any prison or penal institution.
  929         7. In police custody.
  930         8. In any suspicious or unusual circumstance.
  931         9. By criminal abortion.
  932         10. By poison.
  933         11. By disease constituting a threat to public health.
  934         12. By disease, injury, or toxic agent resulting from
  935  employment.
  936         (b) When a dead body is brought into this the state without
  937  proper medical certification.
  938         (c) When a body is to be cremated, dissected, or buried at
  939  sea.
  940         (2)
  941         (c)A district medical examiner shall assist the State
  942  Health Officer in identifying and reporting deaths upon a
  943  request by the State Health Officer under s. 381.00315.
  944         Section 18. For purposes of this act, all executive orders
  945  issued pursuant to an emergency declaration by the Governor,
  946  including through delegated or subdelegated authority, which are
  947  issued more than 60 days before July 1, 2021, expire upon the
  948  effective date of this act; however, an expired executive order
  949  may be reissued for 60-day periods if the emergency conditions
  950  persist, and if the reissued order states with specificity the
  951  provisions being reissued.
  952         Section 19. No later than September 30, 2021, the
  953  Department of Business and Professional Regulation must review
  954  all executive orders issued under its delegated authority during
  955  the COVID-19 pandemic and make written recommendations to the
  956  Legislature regarding any issues that should be codified in law.
  957         Section 20. Except as otherwise expressly provided in this
  958  act, this act shall take effect July 1, 2021.
  959  
  960  ================= T I T L E  A M E N D M E N T ================
  961  And the title is amended as follows:
  962         Delete everything before the enacting clause
  963  and insert:
  964                        A bill to be entitled                      
  965         An act relating to emergency management; amending s.
  966         11.90, F.S.; authorizing the Legislative Budget
  967         Commission to convene to transfer certain funds to the
  968         Emergency Preparedness and Response Fund; amending s.
  969         252.311, F.S.; revising legislative intent with
  970         respect to the State Emergency Management Act;
  971         amending s. 252.34, F.S.; defining terms; amending s.
  972         252.35, F.S.; requiring that the state comprehensive
  973         emergency management plan provide for certain public
  974         health emergency communications and include the
  975         Department of Health’s public health emergency plan;
  976         requiring the Division of Emergency Management to
  977         cooperate with federal and state health agencies;
  978         requiring statewide awareness and education programs
  979         to include education on public health emergency
  980         preparedness and mitigation; requiring the division to
  981         complete and maintain an inventory of personal
  982         protection equipment; directing the division to submit
  983         a specified annual report to the Governor, the
  984         Legislature, and the Chief Justice of the Supreme
  985         Court; providing limitations on the timeframe for
  986         delegation of certain authorities by the division;
  987         requiring the division to submit a specified biennial
  988         report to the Chief Justice of the Supreme Court;
  989         amending s. 252.355, F.S.; requiring the division to
  990         maintain certain information on special needs options
  991         during certain public health emergencies; deleting
  992         obsolete language; amending s. 252.356, F.S.;
  993         requiring state agencies that contract with providers
  994         for the care of persons with certain disabilities or
  995         limitations to include in such contracts a procedure
  996         for providing essential services in preparation for,
  997         during, and following public health emergencies;
  998         amending s. 252.359, F.S.; redefining the term
  999         “essentials” to include personal protective equipment
 1000         used during public health emergencies; amending s.
 1001         252.36, F.S.; limiting the duration of emergency
 1002         orders, proclamations, and rules issued by the
 1003         Governor; providing legislative intent; providing a
 1004         presumption that K-12 public schools should remain
 1005         open, if possible, during an extended public health
 1006         emergency; providing a presumption that businesses
 1007         should remain open, if possible, during an extended
 1008         public health emergency; requiring the Governor to
 1009         include specific reasons for closing or restricting
 1010         in-person attendance at K-12 public schools and for
 1011         closing or restricting operations of businesses during
 1012         an extended public health emergency; requiring the
 1013         Governor to provide specific reasons if such schools
 1014         or businesses are closed as part of an emergency
 1015         declaration; requiring the Governor to regularly
 1016         review and reassess any issued emergency declarations;
 1017         requiring the Governor to provide notice of
 1018         declarations of emergencies to the Legislature;
 1019         expanding the Legislature’s authority to terminate
 1020         states of emergency; requiring that all emergency
 1021         declarations and orders be filed with the Division of
 1022         Administrative Hearings within a specified timeframe;
 1023         specifying that failure to timely file such
 1024         declarations or orders results in their being voided;
 1025         requiring the division to index and make such
 1026         emergency orders available on its website within a
 1027         specified timeframe; requiring such orders to be
 1028         searchable by specified criteria; requiring that the
 1029         Division of Emergency Management publish a link to the
 1030         index on its website; providing for retroactive
 1031         application; directing the Governor to report certain
 1032         department and agency activities to the Legislature
 1033         during a state of emergency; creating s. 252.3611,
 1034         F.S.; requiring specified information to be included
 1035         in orders, proclamations, and rules issued by the
 1036         Governor, the division, or an agency; directing the
 1037         Governor to submit specified contracts to the
 1038         Legislature; directing specified entities to submit
 1039         reports to the Legislature; directing the Auditor
 1040         General to conduct specified financial audits;
 1041         amending s. 252.365, F.S.; requiring that disaster
 1042         preparedness plans of specified agencies address
 1043         pandemics and public health emergencies and include
 1044         certain increases in public access of government
 1045         services and availability and distribution of personal
 1046         protective equipment during an emergency; directing
 1047         agencies to update disaster preparedness plans by a
 1048         specified date; amending s. 252.37, F.S.; revising
 1049         legislative intent; authorizing the Governor to
 1050         transfer and expend moneys in the Emergency
 1051         Preparedness and Response Fund; requiring certain
 1052         notice and approval for the transfer and expenditure
 1053         of specified funds; providing that if the President of
 1054         the Senate and Speaker of the House of Representatives
 1055         object in writing to the transfer, the Governor must
 1056         void the action; authorizing the Governor to request
 1057         additional funds from the Emergency Preparedness and
 1058         Response Fund, subject to approval by the Legislative
 1059         Budget Commission; providing construction; requiring
 1060         state agencies, counties, or municipalities to submit
 1061         to the Legislature a spending plan for certain
 1062         emergency funds; amending s. 252.385, F.S.; requiring
 1063         the division’s hurricane shelter plan to address
 1064         hurricane shelter needs during public health
 1065         emergencies; amending s. 252.44, F.S.; requiring
 1066         emergency mitigation planning by state agencies to
 1067         include agencies with jurisdiction over public health;
 1068         amending s. 252.46, F.S.; providing that a failure by
 1069         a political subdivision to file certain orders and
 1070         rules with specified entities within a specified
 1071         timeframe voids the issued orders or rules; requiring
 1072         that certain orders be available on a dedicated
 1073         website; requiring the Division of Emergency
 1074         Management to provide such links on its website in a
 1075         specified format; amending s. 377.703, F.S.;
 1076         conforming a cross-reference; amending s. 381.00315,
 1077         F.S.; revising a definition; directing the Department
 1078         of Health to develop a specified public health
 1079         emergency plan; directing the State Health Officer to
 1080         establish methods of reporting certain data;
 1081         authorizing the State Health Officer to order and
 1082         request assistance with specified duties; amending s.
 1083         406.11, F.S.; requiring district medical examiners to
 1084         certify deaths and to assist the State Health Officer
 1085         with certain functions upon request; providing that
 1086         any emergency orders issued before a specified date
 1087         will expire but may be reissued if certain conditions
 1088         exist and a certain requirement is met; requiring the
 1089         Department of Business and Professional Regulation, by
 1090         a specified date, to review all executive orders
 1091         issued under its delegated authority during the COVID
 1092         19 pandemic to make recommendations to the
 1093         Legislature; providing effective dates.