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

       Senator Burgess moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 659 - 1251
    4  and insert:
    5  order, proclamation, or rule thereunder. Upon such concurrent
    6  resolution, the Governor shall issue an executive order or
    7  proclamation consistent with the concurrent resolution.
    8         (b) Notwithstanding s. 252.46(2), all emergency
    9  declarations and orders, regardless of how titled, issued under
   10  the authority of this part by the Governor or any agency,
   11  whether by direct, delegated, or subdelegated authority, before,
   12  during, or after a declared emergency, must be immediately filed
   13  with the Division of Administrative Hearings. Failure to file
   14  any such declaration or order with the division within 5 days
   15  after issuance voids the declaration or order. The division
   16  shall index all such declarations and orders and make them
   17  available in searchable format on its website within 3 days of
   18  filing. The searchable format must include, but is not limited
   19  to, searches by term, referenced statutes, and rules and must
   20  include a search category that specifically identifies emergency
   21  orders in effect at any given time. A link to the division’s
   22  index must be placed in a conspicuous location on the Division
   23  of Emergency Management’s website. This subsection applies
   24  retroactively to all executive emergency declarations and orders
   25  in effect on July 1, 2021.
   26         (6)(5) In addition to any other powers conferred upon the
   27  Governor by law, she or he may:
   28         (c) Transfer the direction, personnel, or functions of
   29  state departments and agencies or units thereof for the purpose
   30  of performing or facilitating emergency services. The transfer
   31  of the direction, personnel, or functions of state departments
   32  and agencies must be reported monthly on a cumulative basis to
   33  the President of the Senate and the Speaker of the House of
   34  Representatives.
   35         Section 9. Section 252.3611, Florida Statutes, is created
   36  to read:
   37         252.3611Transparency; audits.—
   38         (1)Each order, proclamation, or rule issued by the
   39  Governor, the division, or any agency must specify the statute
   40  or rule being amended or waived, if applicable, and the
   41  expiration date for the order, proclamation, or rule.
   42         (2)When the duration of an emergency exceeds 90 days:
   43         (a)Within 72 hours of executing a contract executed with
   44  moneys authorized for expenditure to support the response to the
   45  declared state of emergency, the Executive Office of the
   46  Governor or the appropriate agency shall submit a copy of such
   47  contract to the Legislature. For contracts executed during the
   48  first 90 days of the emergency, the Executive Office of the
   49  Governor or the appropriate agency shall submit a copy to the
   50  Legislature within the first 120 days of the declared emergency.
   51         (b)The Executive Office of the Governor or the appropriate
   52  agency shall submit monthly reports to the Legislature of all
   53  state expenditures, revenues received, and funds transferred by
   54  an agency during the previous month to support the declared
   55  state of emergency.
   56         (3)Once an emergency exceeds 1 year, the Auditor General
   57  shall conduct a financial audit of all associated expenditures
   58  and a compliance audit of all associated contracts entered into
   59  during the declared emergency. The Auditor General must update
   60  the audit annually until the emergency is declared to be ended.
   61         (4)Following the expiration or termination of a state of
   62  emergency, the Auditor General shall conduct a financial audit
   63  of all associated expenditures and a compliance audit of all
   64  associated contracts entered into during the state of emergency.
   65         Section 10. Subsection (3) of section 252.365, Florida
   66  Statutes, is amended to read:
   67         252.365 Emergency coordination officers; disaster
   68  preparedness plans.—
   69         (3) Emergency coordination officers shall ensure These
   70  individuals shall be responsible for ensuring that each state
   71  agency and facility, such as a prison, office building, or
   72  university, has a disaster preparedness plan that is coordinated
   73  with the applicable local emergency-management agency and
   74  approved by the division.
   75         (a) The disaster-preparedness plan must outline a
   76  comprehensive and effective program to ensure continuity of
   77  essential state functions under all circumstances, including,
   78  but not limited to, a pandemic or other public health emergency.
   79  The plan must identify a baseline of preparedness for a full
   80  range of potential emergencies to establish a viable capability
   81  to perform essential functions during any emergency or other
   82  situation that disrupts normal operations. This baseline must
   83  consider and include preparedness for rapid and large-scale
   84  increases in the public’s need to access government services
   85  through technology or other means during an emergency,
   86  including, but not limited to, a public health emergency.
   87         (b) The plan must include, at a minimum, the following
   88  elements: identification of essential functions, programs, and
   89  personnel; procedures to implement the plan and personnel
   90  notification and accountability; delegations of authority and
   91  lines of succession; identification of alternative facilities
   92  and related infrastructure, including those for communications;
   93  identification and protection of vital records and databases;
   94  provisions regarding the availability of, and distribution plans
   95  for, personal protective equipment; and schedules and procedures
   96  for periodic tests, training, and exercises.
   97         (c) The division shall develop and distribute guidelines
   98  for developing and implementing the plan. By December 31, 2022,
   99  each agency must update its plan to include provisions related
  100  to preparation for pandemics and other public health emergencies
  101  consistent with the plan developed pursuant to s. 381.00315.
  102  Each agency plan must be updated as needed to remain consistent
  103  with the state public health emergency management plan.
  104         Section 11. Subsections (7) and (8) are added to section
  105  252.37, Florida Statutes, and subsection (2) of that section is
  106  amended, contingent upon SB 1892 or similar legislation creating
  107  the Emergency Preparedness and Response Fund taking effect, to
  108  read:
  109         252.37 Financing.—
  110         (2)(a) It is the legislative intent that the first recourse
  111  be made to funds specifically regularly appropriated to state
  112  and local agencies for disaster relief or response.
  113         (b) If the Governor finds that the demands placed upon
  114  these funds in coping with a particular disaster declared by the
  115  Governor as a state of emergency are unreasonably great, she or
  116  he may make funds available by transferring and expending moneys
  117  appropriated for other purposes, from the Emergency Preparedness
  118  and Response Fund.
  119         (c)If additional funds are needed, the Governor may make
  120  funds available by transferring and expending moneys out of any
  121  unappropriated surplus funds, or from the Budget Stabilization
  122  Fund if the transfers and expenditures are directly related to
  123  the declared disaster or emergency. Notice of such action, as
  124  provided in s. 216.177, must be delivered at least 7 days before
  125  the effective date of the action, unless a shorter period is
  126  agreed to in writing by the President of the Senate and the
  127  Speaker of the House of Representatives. If the President of the
  128  Senate and the Speaker of the House of Representatives timely
  129  advise in writing that the parties object to the transfer, the
  130  Governor must void such action.
  131         (d) Following the expiration or termination of the state of
  132  emergency, the Governor may transfer moneys with a budget
  133  amendment, subject to approval by the Legislative Budget
  134  Commission, to satisfy the budget authority granted for such
  135  emergency. The transfers and expenditures supporting the
  136  amendment must be directly related to the declared disaster or
  137  emergency.
  138         (7)An agency or political subdivision shall submit in
  139  advance a detailed spending plan for any grants, gifts, loans,
  140  funds, payments, services, equipment, supplies, or materials in
  141  aid of or for the purposes of emergency prevention, recovery,
  142  mitigation, preparedness, and management, other than emergency
  143  response, received under this section to the President of the
  144  Senate, the Speaker of the House of Representatives, and the
  145  chairs of the legislative appropriations committees. This
  146  paragraph does not apply to the receipt of any funds from an
  147  agency, department, or other affiliated entity of the Federal
  148  Government as part of an expedited project worksheet in
  149  anticipation of emergency response expenditures. If an emergency
  150  situation precludes the timely advanced submission of a detailed
  151  spending plan, the plan must be submitted as soon as
  152  practicable, but not later than 30 days after initiation of any
  153  expenditures, and be resubmitted every 30 days as long as the
  154  emergency continues and funds continue to be disbursed.
  155         (8)For emergency response activities, including an
  156  emergency response that includes emergency protective measures
  157  or debris removal, the agency or political subdivision is not
  158  required to provide a detailed spending plan in advance of
  159  expenditures, but must provide notice to the President of the
  160  Senate, the Speaker of the House of Representatives, and the
  161  chairs of the legislative appropriations committees of all
  162  expenditures in aggregate categories incurred in the emergency
  163  response no later than 30 days after the expenditure is
  164  incurred, and a copy of any project worksheet submitted to the
  165  Federal Emergency Management Agency must be submitted to the
  166  same parties no later than 7 days after it is submitted to the
  167  Federal Emergency Management Agency.
  168         Section 12. Section 252.38, Florida Statutes, is amended to
  169  read:
  170         252.38 Emergency management powers of political
  171  subdivisions.—Safeguarding the life and property of its citizens
  172  is an innate responsibility of the governing body of each
  173  political subdivision of the state. However, political
  174  subdivisions are given police powers to preserve, not impair,
  175  private rights. Therefore, a political subdivision that deprives
  176  any person of a constitutional right, a fundamental liberty, a
  177  statutory right, or property to address a purported emergency
  178  bears the burden of proving that the exercise of police power is
  179  narrowly tailored, serves a compelling governmental interest,
  180  and accomplishes the intended goal through the use of the least
  181  intrusive means.
  182         (1) COUNTIES.—
  183         (a) In order to provide effective and orderly governmental
  184  control and coordination of emergency operations in emergencies
  185  within the scope of ss. 252.31-252.90, each county within this
  186  state shall be within the jurisdiction of, and served by, the
  187  division. Except as otherwise provided in ss. 252.31-252.90,
  188  each local emergency management agency shall have jurisdiction
  189  over and serve an entire county. Unless part of an
  190  interjurisdictional emergency management agreement entered into
  191  pursuant to paragraph (3)(b) which is recognized by the Governor
  192  by executive order or rule, each county must establish and
  193  maintain such an emergency management agency and shall develop a
  194  county emergency management plan and program that is coordinated
  195  and consistent with the state comprehensive emergency management
  196  plan and program. Counties that are part of an
  197  interjurisdictional emergency management agreement entered into
  198  pursuant to paragraph (3)(b) which is recognized by the Governor
  199  by executive order or rule shall cooperatively develop an
  200  emergency management plan and program that is coordinated and
  201  consistent with the state comprehensive emergency management
  202  plan and program.
  203         (b) Each county emergency management agency created and
  204  established pursuant to ss. 252.31-252.90 shall have a director.
  205  The director must meet the minimum training and education
  206  qualifications established in a job description approved by the
  207  county. The director shall be appointed by the board of county
  208  commissioners or the chief administrative officer of the county,
  209  as described in chapter 125 or the county charter, if
  210  applicable, to serve at the pleasure of the appointing
  211  authority, in conformance with applicable resolutions,
  212  ordinances, and laws. A county constitutional officer, or an
  213  employee of a county constitutional officer, may be appointed as
  214  director following prior notification to the division. Each
  215  board of county commissioners shall promptly inform the division
  216  of the appointment of the director and other personnel. Each
  217  director has direct responsibility for the organization,
  218  administration, and operation of the county emergency management
  219  agency. The director shall coordinate emergency management
  220  activities, services, and programs within the county and shall
  221  serve as liaison to the division and other local emergency
  222  management agencies and organizations.
  223         (c) Each county emergency management agency shall perform
  224  emergency management functions within the territorial limits of
  225  the county within which it is organized and, in addition, shall
  226  conduct such activities outside its territorial limits as are
  227  required pursuant to ss. 252.31-252.90 and in accordance with
  228  state and county emergency management plans and mutual aid
  229  agreements. Counties shall serve as liaison for and coordinator
  230  of municipalities’ requests for state and federal assistance
  231  during postdisaster emergency operations.
  232         (d) During a declared state or local emergency and upon the
  233  request of the director of a local emergency management agency,
  234  the district school board or school boards in the affected area
  235  shall participate in emergency management by providing
  236  facilities and necessary personnel to staff such facilities.
  237  Each school board providing transportation assistance in an
  238  emergency evacuation shall coordinate the use of its vehicles
  239  and personnel with the local emergency management agency.
  240         (e) County emergency management agencies may charge and
  241  collect fees for the review of emergency management plans on
  242  behalf of external agencies and institutions. Fees must be
  243  reasonable and may not exceed the cost of providing a review of
  244  emergency management plans in accordance with fee schedules
  245  established by the division.
  246         (2) MUNICIPALITIES.—Legally constituted municipalities are
  247  authorized and encouraged to create municipal emergency
  248  management programs. Municipal emergency management programs
  249  shall coordinate their activities with those of the county
  250  emergency management agency. Municipalities without emergency
  251  management programs shall be served by their respective county
  252  agencies. If a municipality elects to establish an emergency
  253  management program, it must comply with all laws, rules, and
  254  requirements applicable to county emergency management agencies.
  255  Each municipal emergency management plan must be consistent with
  256  and subject to the applicable county emergency management plan.
  257  In addition, each municipality must coordinate requests for
  258  state or federal emergency response assistance with its county.
  259  This requirement does not apply to requests for reimbursement
  260  under federal public disaster assistance programs.
  262         (a) In carrying out the provisions of ss. 252.31-252.90,
  263  each political subdivision shall have the power and authority:
  264         1. To appropriate and expend funds; make contracts; obtain
  265  and distribute equipment, materials, and supplies for emergency
  266  management purposes; provide for the health and safety of
  267  persons and property, including emergency assistance to the
  268  victims of any emergency; and direct and coordinate the
  269  development of emergency management plans and programs in
  270  accordance with the policies and plans set by the federal and
  271  state emergency management agencies.
  272         2. To appoint, employ, remove, or provide, with or without
  273  compensation, coordinators, rescue teams, fire and police
  274  personnel, and other emergency management workers.
  275         3. To establish, as necessary, a primary and one or more
  276  secondary emergency operating centers to provide continuity of
  277  government and direction and control of emergency operations.
  278         4. To assign and make available for duty the offices and
  279  agencies of the political subdivision, including the employees,
  280  property, or equipment thereof relating to firefighting,
  281  engineering, rescue, health, medical and related services,
  282  police, transportation, construction, and similar items or
  283  services for emergency operation purposes, as the primary
  284  emergency management forces of the political subdivision for
  285  employment within or outside the political limits of the
  286  subdivision.
  287         5. To request state assistance or invoke emergency-related
  288  mutual-aid assistance by declaring a state of local emergency in
  289  the event of an emergency affecting only one political
  290  subdivision. The duration of each state of emergency declared
  291  locally is limited to 7 days; it may be extended, as necessary,
  292  in 7-day increments. Further, the political subdivision has the
  293  power and authority to waive the procedures and formalities
  294  otherwise required of the political subdivision by law
  295  pertaining to:
  296         a. Performance of public work and taking whatever prudent
  297  action is necessary to ensure the health, safety, and welfare of
  298  the community.
  299         b. Entering into contracts.
  300         c. Incurring obligations.
  301         d. Employment of permanent and temporary workers.
  302         e. Utilization of volunteer workers.
  303         f. Rental of equipment.
  304         g. Acquisition and distribution, with or without
  305  compensation, of supplies, materials, and facilities.
  306         h. Appropriation and expenditure of public funds.
  307         (b) Upon the request of two or more adjoining counties, or
  308  if the Governor finds that two or more adjoining counties would
  309  be better served by an interjurisdictional arrangement than by
  310  maintaining separate emergency management agencies and services,
  311  the Governor may delineate by executive order or rule an
  312  interjurisdictional area adequate to plan for, prevent,
  313  mitigate, or respond to emergencies in such area and may direct
  314  steps to be taken as necessary, including the creation of an
  315  interjurisdictional relationship, a joint emergency plan, a
  316  provision for mutual aid, or an area organization for emergency
  317  planning and services. A finding of the Governor pursuant to
  318  this paragraph shall be based on one or more factors related to
  319  the difficulty of maintaining an efficient and effective
  320  emergency prevention, mitigation, preparedness, response, and
  321  recovery system on a unijurisdictional basis, such as:
  322         1. Small or sparse population.
  323         2. Limitations on public financial resources severe enough
  324  to make maintenance of a separate emergency management agency
  325  and services unreasonably burdensome.
  326         3. Unusual vulnerability to emergencies as evidenced by a
  327  past history of emergencies, topographical features, drainage
  328  characteristics, emergency potential, and presence of emergency
  329  prone facilities or operations.
  330         4. The interrelated character of the counties in a
  331  multicounty area.
  332         5. Other relevant conditions or circumstances.
  333         Section 13. Subsections (1), (2), and (3) of section
  334  252.385, Florida Statutes, are amended to read:
  335         252.385 Public shelter space.—
  336         (1) It is the intent of the Legislature that this state not
  337  have a deficit of safe public hurricane evacuation shelter space
  338  in any region of the state by 1998 and thereafter.
  339         (2)(a) The division shall administer a program to survey
  340  existing schools, universities, community colleges, and other
  341  state-owned, municipally owned, and county-owned public
  342  buildings and any private facility that the owner, in writing,
  343  agrees to provide for use as a public hurricane evacuation
  344  shelter to identify those that are appropriately designed and
  345  located to serve as such shelters. The owners of the facilities
  346  must be given the opportunity to participate in the surveys. The
  347  state university boards of trustees, district school boards,
  348  community college boards of trustees, and the Department of
  349  Education are responsible for coordinating and implementing the
  350  survey of public schools, universities, and community colleges
  351  with the division or the local emergency management agency.
  352         (b) By January 31 of each even-numbered year, the division
  353  shall prepare and submit a statewide emergency shelter plan to
  354  the Governor and Cabinet for approval, subject to the
  355  requirements for approval in s. 1013.37(2). The emergency
  356  shelter plan must project, for each of the next 5 years, the
  357  hurricane shelter needs of the state, including periods of time
  358  during which a concurrent public health emergency may
  359  necessitate more space for each individual to accommodate
  360  physical distancing. In addition to information on the general
  361  shelter needs throughout this state, the plan must shall
  362  identify the general location and square footage of special
  363  needs shelters, by regional planning council region, during the
  364  next 5 years. The plan must shall also include information on
  365  the availability of shelters that accept pets. The Department of
  366  Health shall assist the division in determining the estimated
  367  need for special needs shelter space and the adequacy of
  368  facilities to meet the needs of persons with special needs based
  369  on information from the registries of persons with special needs
  370  and other information.
  371         (3) The division shall annually provide to the President of
  372  the Senate, the Speaker of the House of Representatives, and the
  373  Governor a list of facilities recommended to be retrofitted
  374  using state funds. State funds should be maximized and targeted
  375  to regional planning council regions with hurricane evacuation
  376  shelter deficits. Retrofitting facilities in regions with public
  377  hurricane evacuation shelter deficits shall be given first
  378  priority and should be completed by 2003. All recommended
  379  facilities should be retrofitted by 2008. The owner or lessee of
  380  a public hurricane evacuation shelter that is included on the
  381  list of facilities recommended for retrofitting is not required
  382  to perform any recommended improvements.
  383         Section 14. Subsection (1) of section 252.44, Florida
  384  Statutes, is amended to read:
  385         252.44 Emergency mitigation.—
  386         (1) In addition to prevention measures included in the
  387  state and local comprehensive emergency management plans, the
  388  Governor shall consider on a continuing basis steps that could
  389  be taken to mitigate the harmful consequences of emergencies. At
  390  the Governor’s direction and pursuant to any other authority and
  391  competence they have, state agencies, including, but not limited
  392  to, those charged with responsibilities in connection with
  393  protecting and maintaining the public health, flood plain
  394  management, stream encroachment and flow regulation, weather
  395  modification, fire prevention and control, air quality, public
  396  works, land use and land use planning, and construction
  397  standards, shall make studies of emergency-mitigation-related
  398  matters. The Governor, from time to time, shall make such
  399  recommendations to the Legislature, local governments, and other
  400  appropriate public and private entities as may facilitate
  401  measures for mitigation of the harmful consequences of
  402  emergencies.
  403         Section 15. Present subsection (3) of section 252.46,
  404  Florida Statutes, is redesignated as subsection (6), a new
  405  subsection (3) and subsections (4) and (5) are added to that
  406  section, and subsection (2) of that section is amended, to read:
  407         252.46 Orders and rules.—
  408         (2) All orders and rules adopted by the division or any
  409  political subdivision or other agency authorized by ss. 252.31
  410  252.90 to make orders and rules have full force and effect of
  411  law after adoption in accordance with the provisions of chapter
  412  120 in the event of issuance by the division or any state agency
  413  or, if adopted promulgated by a political subdivision of the
  414  state or agency thereof, when filed in the office of the clerk
  415  or recorder of the political subdivision or agency adopting
  416  promulgating the same. Failure of a political subdivision to
  417  file any such order or rule with the office of the clerk or
  418  recorder within 3 days after issuance voids the order or rule.
  419  All existing laws, ordinances, and rules inconsistent with the
  420  provisions of ss. 252.31-252.90, or any order or rule issued
  421  under the authority of ss. 252.31-252.90, must shall be
  422  suspended during the period of time and to the extent that such
  423  conflict exists.
  424         (3) Emergency ordinances, declarations, and orders adopted
  425  by a political subdivision under the authority of ss. 252.31
  426  252.90, including those enacted by a municipality pursuant to s.
  427  166.041(3)(b), must be available on a dedicated webpage
  428  accessible through a conspicuous link on the political
  429  subdivision’s homepage. The dedicated webpage must identify the
  430  emergency ordinances, declarations, and orders currently in
  431  effect. Each political subdivision adopting emergency
  432  ordinances, declarations, or orders must provide the division
  433  with the link to the political subdivision’s dedicated webpage.
  434  The division must include these links in an easily identifiable
  435  format on its website.
  436         (4)(a)An emergency order issued by a political subdivision
  437  automatically expires 10 days after its issuance; however, such
  438  an order may be extended before its expiration for 10-day
  439  periods, subject to ratification by a majority vote of the
  440  governing body of the political subdivision. In the event the
  441  governing body of the political subdivision is unable to convene
  442  before the expiration of the emergency order due to the impacts
  443  of a hurricane or other weather-related natural disaster, the
  444  10-day period is tolled until the governing body is able to
  445  convene. However, an emergency order issued under this section
  446  may not be in effect for more than 30 days unless the governing
  447  body approves an extension of the order. The governing body must
  448  ratify the extension of such order before it expires. Once
  449  ratified, the emergency order may not be amended or replaced by
  450  the chief elected officer or chief administrative officer, as
  451  applicable, without the ratification of the political
  452  subdivision’s governing body. In the event the governing body
  453  fails to ratify the extension of the emergency order, the chief
  454  elected officer or chief administrative officer, as applicable,
  455  may not reissue the order in response to the same emergency.
  456         (b)As used in this subsection, the term:
  457         1.Chief elected officer” means a mayor, chairperson, or
  458  other separately elected official designated by a charter
  459  provision or ordinance of the political subdivision to exercise
  460  emergency management authority.
  461         2.Chief administrative officer” means the county
  462  administrator, county manager, or such other individual
  463  designated by ordinance of the political subdivision to exercise
  464  emergency management authority.
  465         (c)When meeting in one physical location is prohibited or
  466  not feasible due to the conditions directly related to the
  467  declared state of emergency, a public meeting of the governing
  468  body of a political subdivision held for the limited purpose of
  469  ratifying the extension of an emergency order under this
  470  subsection may be conducted via telephone, real-time
  471  videoconferencing, or similar real-time electronic or video
  472  communication technology. Any communication technology used must
  473  be sufficient to permit all interested persons to remotely
  474  attend the meeting. Any law, charter provision, or ordinance
  475  requiring a quorum to be present in person or requiring the
  476  governing body of any political subdivision to meet at a
  477  specific public place shall be suspended for purposes of such
  478  meeting. If the public meeting will be held via telephone, real
  479  time videoconferencing, or similar real-time electronic or video
  480  communication technology, the meeting notice must include
  481  information necessary for persons interested in attending the
  482  meeting to do so, including the places where facilities
  483  necessary to allow attendance will be available.
  484         (5)An order issued by a political subdivision pursuant to
  485  this section which imposes a curfew restricting the travel or
  486  movement of persons during designated times must nonetheless
  487  allow persons to travel during the curfew to their places of
  488  employment to report for work and to return to their residences
  489  after their work has concluded.
  490         Section 16. Paragraph (a) of subsection (2) of section
  491  377.703, Florida Statutes, is amended to read:
  492         377.703 Additional functions of the Department of
  493  Agriculture and Consumer Services.—
  494         (2) DUTIES.—The department shall perform the following
  495  functions, unless as otherwise provided, consistent with the
  496  development of a state energy policy:
  497         (a) The Division of Emergency Management is responsible for
  498  the development of an energy emergency contingency plan to
  499  respond to serious shortages of primary and secondary energy
  500  sources. Upon a finding by the Governor, implementation of any
  501  emergency program shall be upon order of the Governor that a
  502  particular kind or type of fuel is, or that the occurrence of an
  503  event which is reasonably expected within 30 days will make the
  504  fuel, in short supply. The Division of Emergency Management
  505  shall then respond by instituting the appropriate measures of
  506  the contingency plan to meet the given emergency or energy
  507  shortage. The Governor may utilize the provisions of s.
  508  252.36(6) s. 252.36(5) to carry out any emergency actions
  509  required by a serious shortage of energy sources.
  510         Section 17. Paragraph (c) of subsection (1) and subsection
  511  (2) of section 381.00315, Florida Statutes, are amended to read:
  512         381.00315 Public health advisories; public health
  513  emergencies; isolation and quarantines.—The State Health Officer
  514  is responsible for declaring public health emergencies, issuing
  515  public health advisories, and ordering isolation or quarantines.
  516         (1) As used in this section, the term:
  517         (c) “Public health emergency” means any occurrence, or
  518  threat thereof, whether natural or manmade, which results or may
  519  result in substantial injury or harm to the public health from
  520  infectious disease, chemical agents, nuclear agents, biological
  521  toxins, or situations involving mass casualties or natural
  522  disasters.
  523         (2)(a)The department shall prepare and maintain a state
  524  public health emergency management plan to serve as a
  525  comprehensive guide to public health emergency response in this
  526  state. The department shall develop the plan in collaboration
  527  with the Division of Emergency Management, other executive
  528  agencies with functions relevant to public health emergencies,
  529  district medical examiners, and national and state public health
  530  experts and ensure that it integrates and coordinates with the
  531  public health emergency management plans and programs of the
  532  Federal Government. The plan must address each element of public
  533  health emergency planning and incorporate public health and
  534  epidemiological best practices to ensure that the state is
  535  prepared for every foreseeable public health emergency. The plan
  536  must include an assessment of state and local public health
  537  infrastructure, including information systems, physical plant,
  538  commodities, and human resources, and an analysis of the
  539  infrastructure necessary to achieve the level of readiness
  540  proposed by the plan for short-term and long-term public
  541  emergencies. Beginning July 1, 2022, the department shall submit
  542  the plan to the Division of Emergency Management for inclusion
  543  in the state comprehensive emergency management plan pursuant to
  544  s. 252.35. The department shall review the plan after the
  545  declared end of each public health emergency, and, in any event,
  546  at least every 5 years, and update its terms as necessary to
  547  ensure continuous planning.
  548         (b) Before declaring a public health emergency, the State
  549  Health Officer shall, to the extent possible, consult with the
  550  Governor and shall notify the Chief of Domestic Security. The
  551  declaration of a public health emergency shall continue until
  552  the State Health Officer finds that the threat or danger has
  553  been dealt with to the extent that the emergency conditions no
  554  longer exist and he or she terminates the declaration. However,
  555  a declaration of a public health emergency may not continue for
  556  longer than 60 days unless the Governor concurs in the renewal
  557  of the declaration.
  558         (c)The State Health Officer, upon declaration of a public
  559  health emergency, shall establish by order the method and
  560  procedure for identifying and reporting cases and deaths
  561  involving the infectious disease or other occurrence identified
  562  as the basis for the declared public health emergency. The
  563  method and procedure must be consistent with any standards
  564  developed by the Federal Government specific to the declared
  565  emergency or, if federal standards do not exist, must be
  566  consistent with public health best practices as identified by
  567  the State Health Officer. During the pendency of a public health
  568  emergency, the department is the sole entity responsible for the
  569  collection and official reporting and publication of cases and
  570  deaths. The State Health Officer, by order or emergency rule,
  571  may ensure necessary assistance from licensed health care
  572  providers in carrying out this function and may request the
  573  assistance of district medical examiners in performing this
  574  function.
  575         (d) The State Health Officer, upon declaration of a public
  576  health emergency, may take actions that are necessary to protect
  577  the public health. Such actions include, but are not limited to:
  578         1. Establishing screening protocols consistent with s.
  579  381.00316.
  580         2. Directing manufacturers of prescription drugs or over
  581  the-counter drugs who are permitted under chapter 499 and
  582  wholesalers of prescription drugs located in this state who are
  583  permitted under chapter 499 to give priority to the shipping of
  584  specified drugs to pharmacies and health care providers within
  585  geographic areas that have been identified by the State Health
  586  Officer. The State Health Officer must identify the drugs to be
  587  shipped. Manufacturers and wholesalers located in the state must
  588  respond to the State Health Officer’s priority shipping
  589  directive before shipping the specified drugs.
  590         3.2. Notwithstanding chapters 465 and 499 and rules adopted
  591  thereunder, directing pharmacists employed by the department to
  592  compound bulk prescription drugs and provide these bulk
  593  prescription drugs to physicians and nurses of county health
  594  departments or any qualified person authorized by the State
  595  Health Officer for administration to persons as part of a
  596  prophylactic or treatment regimen.
  597         4.3. Notwithstanding s. 456.036, temporarily reactivating
  598  the inactive license of the following health care practitioners,
  599  when such practitioners are needed to respond to the public
  600  health emergency: physicians licensed under chapter 458 or
  601  chapter 459; physician assistants licensed under chapter 458 or
  602  chapter 459; licensed practical nurses, registered nurses, and
  603  advanced practice registered nurses licensed under part I of
  604  chapter 464; respiratory therapists licensed under part V of
  605  chapter 468; and emergency medical technicians and paramedics
  606  certified under part III of chapter 401. Only those health care
  607  practitioners specified in this paragraph who possess an
  608  unencumbered inactive license and who request that such license
  609  be reactivated are eligible for reactivation. An inactive
  610  license that is reactivated under this paragraph shall return to
  611  inactive status when the public health emergency ends or before
  612  the end of the public health emergency if the State Health
  613  Officer determines that the health care practitioner is no
  614  longer needed to provide services during the public health
  615  emergency. Such licenses may only be reactivated for a period
  616  not to exceed 90 days without meeting the requirements of s.
  617  456.036 or chapter 401, as applicable.
  618         5.4. Ordering an individual to be examined, tested,
  619  vaccinated, treated, isolated, or quarantined for communicable
  620  diseases that have significant morbidity or mortality and
  621  present a severe danger to public health. Individuals who are
  622  unable or unwilling to be examined, tested, vaccinated, or
  623  treated for reasons of health, religion, or conscience may be
  624  subjected to isolation or quarantine.
  625         a. Examination, testing, vaccination, or treatment may be
  626  performed by any qualified person authorized by the State Health
  627  Officer.
  628         b. If the individual poses a danger to the public health,
  629  the State Health Officer may subject the individual to isolation
  630  or quarantine. If there is no practical method to isolate or
  631  quarantine the individual, the State Health Officer may use any
  632  means necessary to vaccinate or treat the individual.
  633         c. Any order of the State Health Officer given to
  634  effectuate this paragraph is shall be immediately enforceable by
  635  a law enforcement officer under s. 381.0012.
  636         (e)(2) Individuals who assist the State Health Officer at
  637  his or her request on a volunteer basis during a public health
  638  emergency are entitled to the benefits specified in s.
  639  110.504(2), (3), (4), and (5).
  640         Section 18. Section 381.00316, Florida Statutes, is created
  641  to read:
  642         381.00316COVID-19 vaccine documentation.—
  643         (1)A business entity, as defined in s. 768.38 to include
  644  any business operating in this state, may not require patrons or
  645  customers to provide any documentation certifying COVID-19
  646  vaccination or post-infection recovery to gain access to, entry
  647  upon, or service from the business operations in this state.
  648  This subsection does not otherwise restrict businesses from
  649  instituting screening protocols in accordance with state or
  650  federal law to protect public health.
  651         (2)A governmental entity as defined in s. 768.38 may not
  652  require persons to provide any documentation certifying COVID-19
  653  vaccination or post-infection recovery to gain access to, entry
  654  upon, or service from the governmental entity’s operations in
  655  this state. This subsection does not otherwise restrict
  656  governmental entities from instituting screening protocols in
  657  accordance with state or federal law to protect public health.
  658         (3)An educational institution as defined in s. 768.38 may
  659  not require students or residents to provide any documentation
  660  certifying COVID-19 vaccination or post-infection recovery for
  661  attendance or enrollment, or to gain access to, entry upon, or
  662  service from such educational institution in this state. This
  663  subsection does not otherwise restrict educational institutions
  664  from instituting screening protocols in accordance with state or
  665  federal law to protect public health.
  666         (4)The department may impose a fine not to exceed $5,000
  667  per violation.
  668         (5)This section does not apply to a health care provider
  669  as defined in s. 768.38; a service provider licensed or
  670  certified under s. 393.17, part III of chapter 401, or part IV
  671  of chapter 468; or a provider with an active health care clinic
  672  exemption under s. 400.9935.
  673         (6)The department may adopt rules pursuant to ss. 120.536
  674  and 120.54 to implement this section.
  676  ================= T I T L E  A M E N D M E N T ================
  677  And the title is amended as follows:
  678         Delete lines 87 - 136
  679  and insert:
  680         Preparedness and Response Fund, surplus funds, or the
  681         Budget Stabilization Fund under specified conditions;
  682         requiring notice of certain actions within a specified
  683         timeframe unless specific conditions exist; requiring
  684         the Governor to void such action if the Legislature
  685         timely objects to such transfer in writing;
  686         authorizing the Governor to transfer additional
  687         moneys, subject to approval by the Legislative Budget
  688         Commission, if specified conditions exist; requiring
  689         an agency or political subdivision to submit in
  690         advance a detailed spending plan for certain emergency
  691         funds to the Legislature; providing an exception;
  692         requiring an agency or political subdivision to submit
  693         a certain notice and a project worksheet to the
  694         Legislature under specified conditions within a
  695         specified timeframe; amending s. 252.38, F.S.;
  696         specifying that a political subdivision has the burden
  697         of proving the proper exercise of its police power in
  698         the issuance of certain emergency orders; amending s.
  699         252.385, F.S.; requiring the division’s hurricane
  700         shelter plan to address projected hurricane shelter
  701         needs during public health emergencies; amending s.
  702         252.44, F.S.; requiring emergency mitigation planning
  703         by state agencies to include agencies with
  704         jurisdiction over public health; amending s. 252.46,
  705         F.S.; providing that a failure by a political
  706         subdivision to file certain orders and rules with
  707         specified entities within a specified timeframe voids
  708         the issued orders or rules; requiring that certain
  709         orders be available on a dedicated webpage; requiring
  710         the division to provide links to such webpage on its
  711         website in a specified format; providing for the
  712         automatic expiration of emergency orders issued by a
  713         political subdivision; providing for the tolling of
  714         the expiration of such orders under certain conditions
  715         for a specified time; authorizing the extension of an
  716         emergency order by a majority vote of the governing
  717         body of the political subdivision; requiring the
  718         political subdivision to ratify the emergency order;
  719         prohibiting the chief elected officer or chief
  720         administrative officer from amending or replacing such
  721         order once ratified without approval from the
  722         governing body; prohibiting the chief elected officer
  723         or chief administrative officer from issuing a
  724         subsequent order in response to the same emergency
  725         unless ratified by the governing body; defining terms;
  726         authorizing the governing body of a political
  727         subdivision to convene, for a limited purpose, by
  728         specified means; suspending quorum requirements under
  729         specified conditions; requiring the meeting notice to
  730         contain specified information; requiring that orders
  731         issued by a political subdivision which impose a
  732         curfew restricting travel or movement allow persons to
  733         travel during the curfew to and from their places of
  734         employment; amending s. 377.703, F.S.; conforming a
  735         cross-reference; amending s. 381.00315, F.S.; revising
  736         a definition; directing the Department of Health, in
  737         collaboration with specified entities, to develop a
  738         specified public health emergency plan; requiring the
  739         department to submit the plan to the division;
  740         requiring the department to review and update the plan
  741         as necessary; directing the State Health Officer to
  742         establish methods of reporting certain data;
  743         authorizing the State Health Officer to order and
  744         request assistance with specified duties; revising the
  745         duties of the State Health Officer during a declared
  746         public health emergency; creating s. 381.00316, F.S.;
  747         prohibiting a business entity from requiring patrons
  748         or customers to provide documentation certifying
  749         vaccination against or recovery from COVID-19;
  750         prohibiting governmental entities from requiring
  751         persons to provide documentation certifying
  752         vaccination against or recovery from COVID-19;
  753         prohibiting educational institutions from requiring
  754         students or residents to provide documentation
  755         certifying vaccination against or recovery from COVID
  756         19; authorizing specified screening protocols;
  757         providing application; providing noncriminal
  758         penalties; authorizing the department to adopt rules;
  759         amending s.