Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 2006
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Rules (Diaz) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 788 - 890
    4  and insert:
    5         Section 12. Section 252.38, Florida Statutes, is amended to
    6  read:
    7         252.38 Emergency management powers of political
    8  subdivisions.—Safeguarding the life and property of its citizens
    9  is an innate responsibility of the governing body of each
   10  political subdivision of the state. However, political
   11  subdivisions are given police powers to preserve, not impair,
   12  private rights. Therefore, a political subdivision that deprives
   13  any person of a constitutional right, a fundamental liberty, a
   14  statutory right, or property to address a purported emergency
   15  bears the burden of proving that the exercise of police power is
   16  narrowly tailored, serves a compelling governmental interest,
   17  and accomplishes the intended goal through the use of the least
   18  intrusive means.
   19         (1) COUNTIES.—
   20         (a) In order to provide effective and orderly governmental
   21  control and coordination of emergency operations in emergencies
   22  within the scope of ss. 252.31-252.90, each county within this
   23  state shall be within the jurisdiction of, and served by, the
   24  division. Except as otherwise provided in ss. 252.31-252.90,
   25  each local emergency management agency shall have jurisdiction
   26  over and serve an entire county. Unless part of an
   27  interjurisdictional emergency management agreement entered into
   28  pursuant to paragraph (3)(b) which is recognized by the Governor
   29  by executive order or rule, each county must establish and
   30  maintain such an emergency management agency and shall develop a
   31  county emergency management plan and program that is coordinated
   32  and consistent with the state comprehensive emergency management
   33  plan and program. Counties that are part of an
   34  interjurisdictional emergency management agreement entered into
   35  pursuant to paragraph (3)(b) which is recognized by the Governor
   36  by executive order or rule shall cooperatively develop an
   37  emergency management plan and program that is coordinated and
   38  consistent with the state comprehensive emergency management
   39  plan and program.
   40         (b) Each county emergency management agency created and
   41  established pursuant to ss. 252.31-252.90 shall have a director.
   42  The director must meet the minimum training and education
   43  qualifications established in a job description approved by the
   44  county. The director shall be appointed by the board of county
   45  commissioners or the chief administrative officer of the county,
   46  as described in chapter 125 or the county charter, if
   47  applicable, to serve at the pleasure of the appointing
   48  authority, in conformance with applicable resolutions,
   49  ordinances, and laws. A county constitutional officer, or an
   50  employee of a county constitutional officer, may be appointed as
   51  director following prior notification to the division. Each
   52  board of county commissioners shall promptly inform the division
   53  of the appointment of the director and other personnel. Each
   54  director has direct responsibility for the organization,
   55  administration, and operation of the county emergency management
   56  agency. The director shall coordinate emergency management
   57  activities, services, and programs within the county and shall
   58  serve as liaison to the division and other local emergency
   59  management agencies and organizations.
   60         (c) Each county emergency management agency shall perform
   61  emergency management functions within the territorial limits of
   62  the county within which it is organized and, in addition, shall
   63  conduct such activities outside its territorial limits as are
   64  required pursuant to ss. 252.31-252.90 and in accordance with
   65  state and county emergency management plans and mutual aid
   66  agreements. Counties shall serve as liaison for and coordinator
   67  of municipalities’ requests for state and federal assistance
   68  during postdisaster emergency operations.
   69         (d) During a declared state or local emergency and upon the
   70  request of the director of a local emergency management agency,
   71  the district school board or school boards in the affected area
   72  shall participate in emergency management by providing
   73  facilities and necessary personnel to staff such facilities.
   74  Each school board providing transportation assistance in an
   75  emergency evacuation shall coordinate the use of its vehicles
   76  and personnel with the local emergency management agency.
   77         (e) County emergency management agencies may charge and
   78  collect fees for the review of emergency management plans on
   79  behalf of external agencies and institutions. Fees must be
   80  reasonable and may not exceed the cost of providing a review of
   81  emergency management plans in accordance with fee schedules
   82  established by the division.
   83         (2) MUNICIPALITIES.—Legally constituted municipalities are
   84  authorized and encouraged to create municipal emergency
   85  management programs. Municipal emergency management programs
   86  shall coordinate their activities with those of the county
   87  emergency management agency. Municipalities without emergency
   88  management programs shall be served by their respective county
   89  agencies. If a municipality elects to establish an emergency
   90  management program, it must comply with all laws, rules, and
   91  requirements applicable to county emergency management agencies.
   92  Each municipal emergency management plan must be consistent with
   93  and subject to the applicable county emergency management plan.
   94  In addition, each municipality must coordinate requests for
   95  state or federal emergency response assistance with its county.
   96  This requirement does not apply to requests for reimbursement
   97  under federal public disaster assistance programs.
   99         (a) In carrying out the provisions of ss. 252.31-252.90,
  100  each political subdivision shall have the power and authority:
  101         1. To appropriate and expend funds; make contracts; obtain
  102  and distribute equipment, materials, and supplies for emergency
  103  management purposes; provide for the health and safety of
  104  persons and property, including emergency assistance to the
  105  victims of any emergency; and direct and coordinate the
  106  development of emergency management plans and programs in
  107  accordance with the policies and plans set by the federal and
  108  state emergency management agencies.
  109         2. To appoint, employ, remove, or provide, with or without
  110  compensation, coordinators, rescue teams, fire and police
  111  personnel, and other emergency management workers.
  112         3. To establish, as necessary, a primary and one or more
  113  secondary emergency operating centers to provide continuity of
  114  government and direction and control of emergency operations.
  115         4. To assign and make available for duty the offices and
  116  agencies of the political subdivision, including the employees,
  117  property, or equipment thereof relating to firefighting,
  118  engineering, rescue, health, medical and related services,
  119  police, transportation, construction, and similar items or
  120  services for emergency operation purposes, as the primary
  121  emergency management forces of the political subdivision for
  122  employment within or outside the political limits of the
  123  subdivision.
  124         5. To request state assistance or invoke emergency-related
  125  mutual-aid assistance by declaring a state of local emergency in
  126  the event of an emergency affecting only one political
  127  subdivision. The duration of each state of emergency declared
  128  locally is limited to 7 days; it may be extended, as necessary,
  129  in 7-day increments. Further, the political subdivision has the
  130  power and authority to waive the procedures and formalities
  131  otherwise required of the political subdivision by law
  132  pertaining to:
  133         a. Performance of public work and taking whatever prudent
  134  action is necessary to ensure the health, safety, and welfare of
  135  the community.
  136         b. Entering into contracts.
  137         c. Incurring obligations.
  138         d. Employment of permanent and temporary workers.
  139         e. Utilization of volunteer workers.
  140         f. Rental of equipment.
  141         g. Acquisition and distribution, with or without
  142  compensation, of supplies, materials, and facilities.
  143         h. Appropriation and expenditure of public funds.
  144         (b) Upon the request of two or more adjoining counties, or
  145  if the Governor finds that two or more adjoining counties would
  146  be better served by an interjurisdictional arrangement than by
  147  maintaining separate emergency management agencies and services,
  148  the Governor may delineate by executive order or rule an
  149  interjurisdictional area adequate to plan for, prevent,
  150  mitigate, or respond to emergencies in such area and may direct
  151  steps to be taken as necessary, including the creation of an
  152  interjurisdictional relationship, a joint emergency plan, a
  153  provision for mutual aid, or an area organization for emergency
  154  planning and services. A finding of the Governor pursuant to
  155  this paragraph shall be based on one or more factors related to
  156  the difficulty of maintaining an efficient and effective
  157  emergency prevention, mitigation, preparedness, response, and
  158  recovery system on a unijurisdictional basis, such as:
  159         1. Small or sparse population.
  160         2. Limitations on public financial resources severe enough
  161  to make maintenance of a separate emergency management agency
  162  and services unreasonably burdensome.
  163         3. Unusual vulnerability to emergencies as evidenced by a
  164  past history of emergencies, topographical features, drainage
  165  characteristics, emergency potential, and presence of emergency
  166  prone facilities or operations.
  167         4. The interrelated character of the counties in a
  168  multicounty area.
  169         5. Other relevant conditions or circumstances.
  171  Governor, or the Legislature by concurrent resolution, may at
  172  any time invalidate an order, an ordinance, a proclamation, a
  173  rule, or any other measure issued by a political subdivision to
  174  address a purported emergency if the Governor or the Legislature
  175  determines that such order unnecessarily restricts a
  176  constitutional right, a fundamental liberty, or a statutory
  177  right.
  178         Section 13. Subsections (1), (2), and (3) of section
  179  252.385, Florida Statutes, are amended to read:
  180         252.385 Public shelter space.—
  181         (1) It is the intent of the Legislature that this state not
  182  have a deficit of safe public hurricane evacuation shelter space
  183  in any region of the state by 1998 and thereafter.
  184         (2)(a) The division shall administer a program to survey
  185  existing schools, universities, community colleges, and other
  186  state-owned, municipally owned, and county-owned public
  187  buildings and any private facility that the owner, in writing,
  188  agrees to provide for use as a public hurricane evacuation
  189  shelter to identify those that are appropriately designed and
  190  located to serve as such shelters. The owners of the facilities
  191  must be given the opportunity to participate in the surveys. The
  192  state university boards of trustees, district school boards,
  193  community college boards of trustees, and the Department of
  194  Education are responsible for coordinating and implementing the
  195  survey of public schools, universities, and community colleges
  196  with the division or the local emergency management agency.
  197         (b) By January 31 of each even-numbered year, the division
  198  shall prepare and submit a statewide emergency shelter plan to
  199  the Governor and Cabinet for approval, subject to the
  200  requirements for approval in s. 1013.37(2). The emergency
  201  shelter plan must project, for each of the next 5 years, the
  202  hurricane shelter needs of the state, including periods of time
  203  during which a concurrent public health emergency may
  204  necessitate more space for each individual to accommodate
  205  physical distancing. In addition to information on the general
  206  shelter needs throughout this state, the plan must shall
  207  identify the general location and square footage of special
  208  needs shelters, by regional planning council region, during the
  209  next 5 years. The plan must shall also include information on
  210  the availability of shelters that accept pets. The Department of
  211  Health shall assist the division in determining the estimated
  212  need for special needs shelter space and the adequacy of
  213  facilities to meet the needs of persons with special needs based
  214  on information from the registries of persons with special needs
  215  and other information.
  216         (3) The division shall annually provide to the President of
  217  the Senate, the Speaker of the House of Representatives, and the
  218  Governor a list of facilities recommended to be retrofitted
  219  using state funds. State funds should be maximized and targeted
  220  to regional planning council regions with hurricane evacuation
  221  shelter deficits. Retrofitting facilities in regions with public
  222  hurricane evacuation shelter deficits shall be given first
  223  priority and should be completed by 2003. All recommended
  224  facilities should be retrofitted by 2008. The owner or lessee of
  225  a public hurricane evacuation shelter that is included on the
  226  list of facilities recommended for retrofitting is not required
  227  to perform any recommended improvements.
  228         Section 14. Subsection (1) of section 252.44, Florida
  229  Statutes, is amended to read:
  230         252.44 Emergency mitigation.—
  231         (1) In addition to prevention measures included in the
  232  state and local comprehensive emergency management plans, the
  233  Governor shall consider on a continuing basis steps that could
  234  be taken to mitigate the harmful consequences of emergencies. At
  235  the Governor’s direction and pursuant to any other authority and
  236  competence they have, state agencies, including, but not limited
  237  to, those charged with responsibilities in connection with
  238  protecting and maintaining the public health, flood plain
  239  management, stream encroachment and flow regulation, weather
  240  modification, fire prevention and control, air quality, public
  241  works, land use and land use planning, and construction
  242  standards, shall make studies of emergency-mitigation-related
  243  matters. The Governor, from time to time, shall make such
  244  recommendations to the Legislature, local governments, and other
  245  appropriate public and private entities as may facilitate
  246  measures for mitigation of the harmful consequences of
  247  emergencies.
  248         Section 15. Present subsection (3) of section 252.46,
  249  Florida Statutes, is redesignated as subsection (6), a new
  250  subsection (3) and subsections (4) and (5) are added to that
  251  section, and subsection (2) of that section is amended, to read:
  252         252.46 Orders and rules.—
  253         (2) All orders and rules adopted by the division or any
  254  political subdivision or other agency authorized by ss. 252.31
  255  252.90 to make orders and rules have full force and effect of
  256  law after adoption in accordance with the provisions of chapter
  257  120 in the event of issuance by the division or any state agency
  258  or, if adopted promulgated by a political subdivision of the
  259  state or agency thereof, when filed in the office of the clerk
  260  or recorder of the political subdivision or agency adopting
  261  promulgating the same. Failure of a political subdivision to
  262  file any such order or rule with the office of the clerk or
  263  recorder within 3 days after issuance voids the declaration or
  264  order. All existing laws, ordinances, and rules inconsistent
  265  with the provisions of ss. 252.31-252.90, or any order or rule
  266  issued under the authority of ss. 252.31-252.90, must shall be
  267  suspended during the period of time and to the extent that such
  268  conflict exists.
  269         (3) Emergency ordinances, declarations, and orders adopted
  270  by a political subdivision under the authority of ss. 252.31
  271  252.90, including those enacted by a municipality pursuant to s.
  272  166.041(3)(b), must be available on a dedicated webpage
  273  accessible through a conspicuous link on the political
  274  subdivision’s homepage. The dedicated webpage must identify the
  275  emergency ordinances, declarations, and orders currently in
  276  effect. Each political subdivision adopting emergency
  277  ordinances, declarations, or orders must provide the division
  278  with the link to the political subdivision’s dedicated webpage.
  279  The division must include these links in an easily identifiable
  280  format on its website.
  281         (4) An order issued by a political subdivision
  282  automatically expires 10 days after its issuance; however, such
  283  an order may be extended before its expiration by a majority
  284  vote of the governing body of the political subdivision if
  285  deemed necessary. Upon the expiration of an order, a political
  286  subdivision may not issue a substantially similar order to
  287  respond to the same emergency. In the event the governing body
  288  of the political subdivision is unable to convene before the
  289  expiration of the emergency order due to the impacts of a
  290  hurricane or other weather-related natural disaster, the 10-day
  291  period is tolled until the governing body is able to convene.
  292  However, an emergency order issued under this section may not be
  293  in effect for more than 30 days unless the governing body
  294  approves an extension of the order.
  295         (5)An order issued by a political subdivision pursuant to
  296  this section which imposes a curfew restricting the travel or
  297  movement of persons during designated times must nonetheless
  298  allow persons to travel during the curfew to their places of
  299  employment to report for work and to return to their residences
  300  after their work has concluded.
  302  ================= T I T L E  A M E N D M E N T ================
  303  And the title is amended as follows:
  304         Delete lines 99 - 112
  305  and insert:
  306         emergency funds; amending s. 252.38, F.S.; specifying
  307         that a political subdivision has the burden of proving
  308         the proper exercise of its police power in the
  309         issuance of certain emergency orders; authorizing the
  310         Governor or the Legislature to invalidate emergency
  311         measures issued by a political subdivision under
  312         specified conditions; amending s. 252.385, F.S.;
  313         requiring the division’s hurricane shelter plan to
  314         address hurricane shelter needs during public health
  315         emergencies; amending s. 252.44, F.S.; requiring
  316         emergency mitigation planning by state agencies to
  317         include agencies with jurisdiction over public health;
  318         amending s. 252.46, F.S.; providing that a failure by
  319         a political subdivision to file certain orders and
  320         rules with specified entities within a specified
  321         timeframe voids the issued orders or rules; requiring
  322         that certain orders be available on a dedicated
  323         website; requiring the Division of Emergency
  324         Management to provide such links on its website in a
  325         specified format; providing for the automatic
  326         expiration of emergency orders issued by a political
  327         subdivision; authorizing the extension of such orders
  328         if certain conditions are met; prohibiting a political
  329         subdivision from issuing a subsequent order for the
  330         same emergency that is substantially similar to the
  331         expired order; providing for the tolling of the
  332         automatic expiration of an order if certain conditions
  333         exist; requiring that orders issued by a political
  334         subdivision which impose a curfew restricting travel
  335         or movement allow persons to travel during the curfew
  336         to and from their places of employment; amending s.
  337         377.703, F.S.;