Florida Senate - 2021 CS for SB 1924 By the Committee on Community Affairs; and Senator Diaz 578-02921-21 20211924c1 1 A bill to be entitled 2 An act relating to emergency management powers of 3 political subdivisions; amending s. 252.38, F.S.; 4 specifying that a political subdivision has the burden 5 of proving the proper exercise of its police power in 6 the issuance of certain emergency orders; authorizing 7 the Governor or the Legislature to invalidate 8 emergency measures issued by a political subdivision 9 under specified conditions; amending s. 252.46, F.S.; 10 providing for the automatic expiration of emergency 11 orders issued by a political subdivision; authorizing 12 the extension of such orders if certain conditions are 13 met; prohibiting a political subdivision from issuing 14 a subsequent order for the same emergency that is 15 substantially similar to the expired order; providing 16 an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 252.38, Florida Statutes, is amended to 21 read: 22 252.38 Emergency management powers of political 23 subdivisions.—Safeguarding the life and property of its citizens 24 is an innate responsibility of the governing body of each 25 political subdivision of the state. However, political 26 subdivisions are given police powers to preserve, not impair, 27 private rights. Therefore, a political subdivision that deprives 28 any person of a constitutional right, fundamental liberty, 29 statutory right, or property to address a purported emergency 30 bears the burden of proving that the exercise of police power is 31 narrowly tailored, serves a compelling governmental interest, 32 and accomplishes the intended goal through the use of the least 33 intrusive means. 34 (1) COUNTIES.— 35 (a) In order to provide effective and orderly governmental 36 control and coordination of emergency operations in emergencies 37 within the scope of ss. 252.31-252.90, each county within this 38 state shall be within the jurisdiction of, and served by, the 39 division. Except as otherwise provided in ss. 252.31-252.90, 40 each local emergency management agency shall have jurisdiction 41 over and serve an entire county. Unless part of an 42 interjurisdictional emergency management agreement entered into 43 pursuant to paragraph (3)(b) which is recognized by the Governor 44 by executive order or rule, each county must establish and 45 maintain such an emergency management agency and shall develop a 46 county emergency management plan and program that is coordinated 47 and consistent with the state comprehensive emergency management 48 plan and program. Counties that are part of an 49 interjurisdictional emergency management agreement entered into 50 pursuant to paragraph (3)(b) which is recognized by the Governor 51 by executive order or rule shall cooperatively develop an 52 emergency management plan and program that is coordinated and 53 consistent with the state comprehensive emergency management 54 plan and program. 55 (b) Each county emergency management agency created and 56 established pursuant to ss. 252.31-252.90 shall have a director. 57 The director must meet the minimum training and education 58 qualifications established in a job description approved by the 59 county. The director shall be appointed by the board of county 60 commissioners or the chief administrative officer of the county, 61 as described in chapter 125 or the county charter, if 62 applicable, to serve at the pleasure of the appointing 63 authority, in conformance with applicable resolutions, 64 ordinances, and laws. A county constitutional officer, or an 65 employee of a county constitutional officer, may be appointed as 66 director following prior notification to the division. Each 67 board of county commissioners shall promptly inform the division 68 of the appointment of the director and other personnel. Each 69 director has direct responsibility for the organization, 70 administration, and operation of the county emergency management 71 agency. The director shall coordinate emergency management 72 activities, services, and programs within the county and shall 73 serve as liaison to the division and other local emergency 74 management agencies and organizations. 75 (c) Each county emergency management agency shall perform 76 emergency management functions within the territorial limits of 77 the county within which it is organized and, in addition, shall 78 conduct such activities outside its territorial limits as are 79 required pursuant to ss. 252.31-252.90 and in accordance with 80 state and county emergency management plans and mutual aid 81 agreements. Counties shall serve as liaison for and coordinator 82 of municipalities’ requests for state and federal assistance 83 during postdisaster emergency operations. 84 (d) During a declared state or local emergency and upon the 85 request of the director of a local emergency management agency, 86 the district school board or school boards in the affected area 87 shall participate in emergency management by providing 88 facilities and necessary personnel to staff such facilities. 89 Each school board providing transportation assistance in an 90 emergency evacuation shall coordinate the use of its vehicles 91 and personnel with the local emergency management agency. 92 (e) County emergency management agencies may charge and 93 collect fees for the review of emergency management plans on 94 behalf of external agencies and institutions. Fees must be 95 reasonable and may not exceed the cost of providing a review of 96 emergency management plans in accordance with fee schedules 97 established by the division. 98 (2) MUNICIPALITIES.—Legally constituted municipalities are 99 authorized and encouraged to create municipal emergency 100 management programs. Municipal emergency management programs 101 shall coordinate their activities with those of the county 102 emergency management agency. Municipalities without emergency 103 management programs shall be served by their respective county 104 agencies. If a municipality elects to establish an emergency 105 management program, it must comply with all laws, rules, and 106 requirements applicable to county emergency management agencies. 107 Each municipal emergency management plan must be consistent with 108 and subject to the applicable county emergency management plan. 109 In addition, each municipality must coordinate requests for 110 state or federal emergency response assistance with its county. 111 This requirement does not apply to requests for reimbursement 112 under federal public disaster assistance programs. 113 (3) EMERGENCY MANAGEMENT POWERS; POLITICAL SUBDIVISIONS.— 114 (a) In carrying out the provisions of ss. 252.31-252.90, 115 each political subdivision shall have the power and authority: 116 1. To appropriate and expend funds; make contracts; obtain 117 and distribute equipment, materials, and supplies for emergency 118 management purposes; provide for the health and safety of 119 persons and property, including emergency assistance to the 120 victims of any emergency; and direct and coordinate the 121 development of emergency management plans and programs in 122 accordance with the policies and plans set by the federal and 123 state emergency management agencies. 124 2. To appoint, employ, remove, or provide, with or without 125 compensation, coordinators, rescue teams, fire and police 126 personnel, and other emergency management workers. 127 3. To establish, as necessary, a primary and one or more 128 secondary emergency operating centers to provide continuity of 129 government and direction and control of emergency operations. 130 4. To assign and make available for duty the offices and 131 agencies of the political subdivision, including the employees, 132 property, or equipment thereof relating to firefighting, 133 engineering, rescue, health, medical and related services, 134 police, transportation, construction, and similar items or 135 services for emergency operation purposes, as the primary 136 emergency management forces of the political subdivision for 137 employment within or outside the political limits of the 138 subdivision. 139 5. To request state assistance or invoke emergency-related 140 mutual-aid assistance by declaring a state of local emergency in 141 the event of an emergency affecting only one political 142 subdivision. The duration of each state of emergency declared 143 locally is limited to 7 days; it may be extended, as necessary, 144 in 7-day increments. Further, the political subdivision has the 145 power and authority to waive the procedures and formalities 146 otherwise required of the political subdivision by law 147 pertaining to: 148 a. Performance of public work and taking whatever prudent 149 action is necessary to ensure the health, safety, and welfare of 150 the community. 151 b. Entering into contracts. 152 c. Incurring obligations. 153 d. Employment of permanent and temporary workers. 154 e. Utilization of volunteer workers. 155 f. Rental of equipment. 156 g. Acquisition and distribution, with or without 157 compensation, of supplies, materials, and facilities. 158 h. Appropriation and expenditure of public funds. 159 (b) Upon the request of two or more adjoining counties, or 160 if the Governor finds that two or more adjoining counties would 161 be better served by an interjurisdictional arrangement than by 162 maintaining separate emergency management agencies and services, 163 the Governor may delineate by executive order or rule an 164 interjurisdictional area adequate to plan for, prevent, 165 mitigate, or respond to emergencies in such area and may direct 166 steps to be taken as necessary, including the creation of an 167 interjurisdictional relationship, a joint emergency plan, a 168 provision for mutual aid, or an area organization for emergency 169 planning and services. A finding of the Governor pursuant to 170 this paragraph shall be based on one or more factors related to 171 the difficulty of maintaining an efficient and effective 172 emergency prevention, mitigation, preparedness, response, and 173 recovery system on a unijurisdictional basis, such as: 174 1. Small or sparse population. 175 2. Limitations on public financial resources severe enough 176 to make maintenance of a separate emergency management agency 177 and services unreasonably burdensome. 178 3. Unusual vulnerability to emergencies as evidenced by a 179 past history of emergencies, topographical features, drainage 180 characteristics, emergency potential, and presence of emergency 181 prone facilities or operations. 182 4. The interrelated character of the counties in a 183 multicounty area. 184 5. Other relevant conditions or circumstances. 185 (4) INVALIDATION OF CERTAIN EMERGENCY MEASURES.—The 186 Governor, or the Legislature by concurrent resolution, may at 187 any time invalidate an order, an ordinance, a proclamation, a 188 rule, or any other measure issued by a political subdivision to 189 address a purported emergency if the Governor or the Legislature 190 determines that such order unnecessarily restricts a 191 constitutional right, fundamental liberty, or statutory right. 192 Section 2. Subsection (4) is added to section 252.46, 193 Florida Statutes, to read: 194 252.46 Orders and rules.— 195 (4) An order issued by a political subdivision shall 196 automatically expire 10 days after its issuance; however, such 197 an order may be extended before its expiration by a majority 198 vote of the governing body of the political subdivision if 199 deemed necessary. Upon the expiration of an order, a political 200 subdivision may not issue a substantially similar order to 201 respond to the same emergency. 202 Section 3. This act shall take effect July 1, 2021.