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.