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

       Senator Rodriguez moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 821 - 1088
    4  and insert:
    5  intrusive means. This standard of proof does not apply to
    6  evacuation orders and anti-looting-related orders issued in
    7  response to a declared disaster; such orders need only be
    8  justified under a rational basis standard.
    9         (1) COUNTIES.—
   10         (a) In order to provide effective and orderly governmental
   11  control and coordination of emergency operations in emergencies
   12  within the scope of ss. 252.31-252.90, each county within this
   13  state shall be within the jurisdiction of, and served by, the
   14  division. Except as otherwise provided in ss. 252.31-252.90,
   15  each local emergency management agency shall have jurisdiction
   16  over and serve an entire county. Unless part of an
   17  interjurisdictional emergency management agreement entered into
   18  pursuant to paragraph (3)(b) which is recognized by the Governor
   19  by executive order or rule, each county must establish and
   20  maintain such an emergency management agency and shall develop a
   21  county emergency management plan and program that is coordinated
   22  and consistent with the state comprehensive emergency management
   23  plan and program. Counties that are part of an
   24  interjurisdictional emergency management agreement entered into
   25  pursuant to paragraph (3)(b) which is recognized by the Governor
   26  by executive order or rule shall cooperatively develop an
   27  emergency management plan and program that is coordinated and
   28  consistent with the state comprehensive emergency management
   29  plan and program.
   30         (b) Each county emergency management agency created and
   31  established pursuant to ss. 252.31-252.90 shall have a director.
   32  The director must meet the minimum training and education
   33  qualifications established in a job description approved by the
   34  county. The director shall be appointed by the board of county
   35  commissioners or the chief administrative officer of the county,
   36  as described in chapter 125 or the county charter, if
   37  applicable, to serve at the pleasure of the appointing
   38  authority, in conformance with applicable resolutions,
   39  ordinances, and laws. A county constitutional officer, or an
   40  employee of a county constitutional officer, may be appointed as
   41  director following prior notification to the division. Each
   42  board of county commissioners shall promptly inform the division
   43  of the appointment of the director and other personnel. Each
   44  director has direct responsibility for the organization,
   45  administration, and operation of the county emergency management
   46  agency. The director shall coordinate emergency management
   47  activities, services, and programs within the county and shall
   48  serve as liaison to the division and other local emergency
   49  management agencies and organizations.
   50         (c) Each county emergency management agency shall perform
   51  emergency management functions within the territorial limits of
   52  the county within which it is organized and, in addition, shall
   53  conduct such activities outside its territorial limits as are
   54  required pursuant to ss. 252.31-252.90 and in accordance with
   55  state and county emergency management plans and mutual aid
   56  agreements. Counties shall serve as liaison for and coordinator
   57  of municipalities’ requests for state and federal assistance
   58  during postdisaster emergency operations.
   59         (d) During a declared state or local emergency and upon the
   60  request of the director of a local emergency management agency,
   61  the district school board or school boards in the affected area
   62  shall participate in emergency management by providing
   63  facilities and necessary personnel to staff such facilities.
   64  Each school board providing transportation assistance in an
   65  emergency evacuation shall coordinate the use of its vehicles
   66  and personnel with the local emergency management agency.
   67         (e) County emergency management agencies may charge and
   68  collect fees for the review of emergency management plans on
   69  behalf of external agencies and institutions. Fees must be
   70  reasonable and may not exceed the cost of providing a review of
   71  emergency management plans in accordance with fee schedules
   72  established by the division.
   73         (2) MUNICIPALITIES.—Legally constituted municipalities are
   74  authorized and encouraged to create municipal emergency
   75  management programs. Municipal emergency management programs
   76  shall coordinate their activities with those of the county
   77  emergency management agency. Municipalities without emergency
   78  management programs shall be served by their respective county
   79  agencies. If a municipality elects to establish an emergency
   80  management program, it must comply with all laws, rules, and
   81  requirements applicable to county emergency management agencies.
   82  Each municipal emergency management plan must be consistent with
   83  and subject to the applicable county emergency management plan.
   84  In addition, each municipality must coordinate requests for
   85  state or federal emergency response assistance with its county.
   86  This requirement does not apply to requests for reimbursement
   87  under federal public disaster assistance programs.
   89         (a) In carrying out the provisions of ss. 252.31-252.90,
   90  each political subdivision shall have the power and authority:
   91         1. To appropriate and expend funds; make contracts; obtain
   92  and distribute equipment, materials, and supplies for emergency
   93  management purposes; provide for the health and safety of
   94  persons and property, including emergency assistance to the
   95  victims of any emergency; and direct and coordinate the
   96  development of emergency management plans and programs in
   97  accordance with the policies and plans set by the federal and
   98  state emergency management agencies.
   99         2. To appoint, employ, remove, or provide, with or without
  100  compensation, coordinators, rescue teams, fire and police
  101  personnel, and other emergency management workers.
  102         3. To establish, as necessary, a primary and one or more
  103  secondary emergency operating centers to provide continuity of
  104  government and direction and control of emergency operations.
  105         4. To assign and make available for duty the offices and
  106  agencies of the political subdivision, including the employees,
  107  property, or equipment thereof relating to firefighting,
  108  engineering, rescue, health, medical and related services,
  109  police, transportation, construction, and similar items or
  110  services for emergency operation purposes, as the primary
  111  emergency management forces of the political subdivision for
  112  employment within or outside the political limits of the
  113  subdivision.
  114         5. To request state assistance or invoke emergency-related
  115  mutual-aid assistance by declaring a state of local emergency in
  116  the event of an emergency affecting only one political
  117  subdivision. The duration of each state of emergency declared
  118  locally is limited to 7 days; it may be extended, as necessary,
  119  in 7-day increments. Further, the political subdivision has the
  120  power and authority to waive the procedures and formalities
  121  otherwise required of the political subdivision by law
  122  pertaining to:
  123         a. Performance of public work and taking whatever prudent
  124  action is necessary to ensure the health, safety, and welfare of
  125  the community.
  126         b. Entering into contracts.
  127         c. Incurring obligations.
  128         d. Employment of permanent and temporary workers.
  129         e. Utilization of volunteer workers.
  130         f. Rental of equipment.
  131         g. Acquisition and distribution, with or without
  132  compensation, of supplies, materials, and facilities.
  133         h. Appropriation and expenditure of public funds.
  134         (b) Upon the request of two or more adjoining counties, or
  135  if the Governor finds that two or more adjoining counties would
  136  be better served by an interjurisdictional arrangement than by
  137  maintaining separate emergency management agencies and services,
  138  the Governor may delineate by executive order or rule an
  139  interjurisdictional area adequate to plan for, prevent,
  140  mitigate, or respond to emergencies in such area and may direct
  141  steps to be taken as necessary, including the creation of an
  142  interjurisdictional relationship, a joint emergency plan, a
  143  provision for mutual aid, or an area organization for emergency
  144  planning and services. A finding of the Governor pursuant to
  145  this paragraph shall be based on one or more factors related to
  146  the difficulty of maintaining an efficient and effective
  147  emergency prevention, mitigation, preparedness, response, and
  148  recovery system on a unijurisdictional basis, such as:
  149         1. Small or sparse population.
  150         2. Limitations on public financial resources severe enough
  151  to make maintenance of a separate emergency management agency
  152  and services unreasonably burdensome.
  153         3. Unusual vulnerability to emergencies as evidenced by a
  154  past history of emergencies, topographical features, drainage
  155  characteristics, emergency potential, and presence of emergency
  156  prone facilities or operations.
  157         4. The interrelated character of the counties in a
  158  multicounty area.
  159         5. Other relevant conditions or circumstances.
  161  Governor, or the Legislature by concurrent resolution, may at
  162  any time invalidate an order, an ordinance, a proclamation, a
  163  rule, or any other measure issued by a political subdivision to
  164  address a purported emergency if the Governor or the Legislature
  165  determines that such order unnecessarily restricts a
  166  constitutional right, a fundamental liberty, or a statutory
  167  right.
  168         Section 13. Subsections (1), (2), and (3) of section
  169  252.385, Florida Statutes, are amended to read:
  170         252.385 Public shelter space.—
  171         (1) It is the intent of the Legislature that this state not
  172  have a deficit of safe public hurricane evacuation shelter space
  173  in any region of the state by 1998 and thereafter.
  174         (2)(a) The division shall administer a program to survey
  175  existing schools, universities, community colleges, and other
  176  state-owned, municipally owned, and county-owned public
  177  buildings and any private facility that the owner, in writing,
  178  agrees to provide for use as a public hurricane evacuation
  179  shelter to identify those that are appropriately designed and
  180  located to serve as such shelters. The owners of the facilities
  181  must be given the opportunity to participate in the surveys. The
  182  state university boards of trustees, district school boards,
  183  community college boards of trustees, and the Department of
  184  Education are responsible for coordinating and implementing the
  185  survey of public schools, universities, and community colleges
  186  with the division or the local emergency management agency.
  187         (b) By January 31 of each even-numbered year, the division
  188  shall prepare and submit a statewide emergency shelter plan to
  189  the Governor and Cabinet for approval, subject to the
  190  requirements for approval in s. 1013.37(2). The emergency
  191  shelter plan must project, for each of the next 5 years, the
  192  hurricane shelter needs of the state, including periods of time
  193  during which a concurrent public health emergency may
  194  necessitate more space for each individual to accommodate
  195  physical distancing. In addition to information on the general
  196  shelter needs throughout this state, the plan must shall
  197  identify the general location and square footage of special
  198  needs shelters, by regional planning council region, during the
  199  next 5 years. The plan must shall also include information on
  200  the availability of shelters that accept pets. The Department of
  201  Health shall assist the division in determining the estimated
  202  need for special needs shelter space and the adequacy of
  203  facilities to meet the needs of persons with special needs based
  204  on information from the registries of persons with special needs
  205  and other information.
  206         (3) The division shall annually provide to the President of
  207  the Senate, the Speaker of the House of Representatives, and the
  208  Governor a list of facilities recommended to be retrofitted
  209  using state funds. State funds should be maximized and targeted
  210  to regional planning council regions with hurricane evacuation
  211  shelter deficits. Retrofitting facilities in regions with public
  212  hurricane evacuation shelter deficits shall be given first
  213  priority and should be completed by 2003. All recommended
  214  facilities should be retrofitted by 2008. The owner or lessee of
  215  a public hurricane evacuation shelter that is included on the
  216  list of facilities recommended for retrofitting is not required
  217  to perform any recommended improvements.
  218         Section 14. Subsection (1) of section 252.44, Florida
  219  Statutes, is amended to read:
  220         252.44 Emergency mitigation.—
  221         (1) In addition to prevention measures included in the
  222  state and local comprehensive emergency management plans, the
  223  Governor shall consider on a continuing basis steps that could
  224  be taken to mitigate the harmful consequences of emergencies. At
  225  the Governor’s direction and pursuant to any other authority and
  226  competence they have, state agencies, including, but not limited
  227  to, those charged with responsibilities in connection with
  228  protecting and maintaining the public health, flood plain
  229  management, stream encroachment and flow regulation, weather
  230  modification, fire prevention and control, air quality, public
  231  works, land use and land use planning, and construction
  232  standards, shall make studies of emergency-mitigation-related
  233  matters. The Governor, from time to time, shall make such
  234  recommendations to the Legislature, local governments, and other
  235  appropriate public and private entities as may facilitate
  236  measures for mitigation of the harmful consequences of
  237  emergencies.
  238         Section 15. Present subsection (3) of section 252.46,
  239  Florida Statutes, is redesignated as subsection (6), a new
  240  subsection (3) and subsections (4) and (5) are added to that
  241  section, and subsection (2) of that section is amended, to read:
  242         252.46 Orders and rules.—
  243         (2) All orders and rules adopted by the division or any
  244  political subdivision or other agency authorized by ss. 252.31
  245  252.90 to make orders and rules have full force and effect of
  246  law after adoption in accordance with the provisions of chapter
  247  120 in the event of issuance by the division or any state agency
  248  or, if adopted promulgated by a political subdivision of the
  249  state or agency thereof, when filed in the office of the clerk
  250  or recorder of the political subdivision or agency adopting
  251  promulgating the same. Failure of a political subdivision to
  252  file any such order or rule with the office of the clerk or
  253  recorder within 3 days after issuance voids the order or rule.
  254  All existing laws, ordinances, and rules inconsistent with the
  255  provisions of ss. 252.31-252.90, or any order or rule issued
  256  under the authority of ss. 252.31-252.90, must shall be
  257  suspended during the period of time and to the extent that such
  258  conflict exists.
  259         (3) Emergency ordinances, declarations, and orders adopted
  260  by a political subdivision under the authority of ss. 252.31
  261  252.90, including those enacted by a municipality pursuant to s.
  262  166.041(3)(b), must be available on a dedicated webpage
  263  accessible through a conspicuous link on the political
  264  subdivision’s homepage. The dedicated webpage must identify the
  265  emergency ordinances, declarations, and orders currently in
  266  effect. Each political subdivision adopting emergency
  267  ordinances, declarations, or orders must provide the division
  268  with the link to the political subdivision’s dedicated webpage.
  269  The division must include these links in an easily identifiable
  270  format on its website.
  271         (4) An order issued by a political subdivision
  272  automatically expires 10 days after its issuance; however, such
  273  an order may be extended before its expiration by a majority
  274  vote of the governing body of the political subdivision if
  275  deemed necessary. Governing bodies conducting such a vote may
  276  convene by means of communications media technology as defined
  277  in s. 120.54(5)(b) to establish a quorum, if necessary. Upon the
  278  expiration of an order, a political
  280  ================= T I T L E  A M E N D M E N T ================
  281  And the title is amended as follows:
  282         Delete line 118
  283  and insert:
  284         met; authorizing governing bodies to convene by means
  285         of communications media technology to establish a
  286         quorum; prohibiting a political subdivision from
  287         issuing