Florida Senate - 2021                                    SB 1924
       
       
        
       By Senator Diaz
       
       
       
       
       
       36-00507B-21                                          20211924__
    1                        A bill to be entitled                      
    2         An act relating to limitations on emergency powers of
    3         political subdivisions; amending s. 252.38, F.S.;
    4         requiring that certain emergency measures issued by a
    5         political subdivision be narrowly tailored to a
    6         compelling public health or safety purpose; specifying
    7         additional requirements for local emergency measures;
    8         providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraph (c) is added to subsection (3) of
   13  section 252.38, Florida Statutes, to read:
   14         252.38 Emergency management powers of political
   15  subdivisions.—Safeguarding the life and property of its citizens
   16  is an innate responsibility of the governing body of each
   17  political subdivision of the state.
   18         (3) EMERGENCY MANAGEMENT POWERS; POLITICAL SUBDIVISIONS.—
   19         (c) Notwithstanding any other law, any emergency order,
   20  decree, regulation, or other requirement issued by a political
   21  subdivision which curtails or infringes the rights of private
   22  individuals must be narrowly tailored to serve a compelling
   23  public health or safety purpose. Any such emergency measure must
   24  be limited in duration, applicability, and scope in order to
   25  reduce any infringement on individual liberty to the greatest
   26  extent possible.
   27         Section 2. This act shall take effect July 1, 2021.