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