Florida Senate - 2021                                    SB 2006
       By Senator Burgess
       20-01293B-21                                          20212006__
    1                        A bill to be entitled                      
    2         An act relating to emergency management; amending s.
    3         252.311, F.S.; revising legislative intent with
    4         respect to the State Emergency Management Act;
    5         amending s. 252.34, F.S.; revising the definition of
    6         the term “natural emergency” to include public health
    7         emergencies; amending s. 252.35, F.S.; requiring the
    8         Division of Emergency Management’s comprehensive
    9         emergency plan to include specified provisions
   10         regarding public health emergency preparedness,
   11         response, recovery, and mitigation; requiring the
   12         division to cooperate with the Centers for Disease
   13         Control and Prevention; requiring statewide awareness
   14         and education programs to include education on public
   15         health emergency preparedness and mitigation;
   16         requiring the division to complete and maintain an
   17         inventory of personal protection equipment;
   18         prescribing reporting requirements regarding the
   19         inventory; authorizing the division to maintain a list
   20         of private entities that can provide personal
   21         protective equipment; providing limitations on the
   22         timeframe within which the division may delegate or
   23         subdelegate certain authorities granted under the
   24         State Emergency Management Act; requiring the division
   25         to report biennially to the Chief Justice of the
   26         Supreme Court on the status of emergency management
   27         capabilities; requiring such report to include matters
   28         relating to public health emergencies; amending s.
   29         252.355, F.S.; requiring the division to maintain
   30         certain information on special needs options during
   31         certain public health emergencies; deleting obsolete
   32         language; amending s. 252.356, F.S.; requiring state
   33         agencies that contract with providers for the care of
   34         persons with certain disabilities or limitations to
   35         include in such contracts a procedure for providing
   36         essential services in preparation for, during, and
   37         following public health emergencies; amending s.
   38         252.359, F.S.; redefining the term “essentials” to
   39         include personal protective equipment used during
   40         public health emergencies; amending s. 252.36, F.S.;
   41         limiting the duration of emergency orders; authorizing
   42         such orders to be renewed if certain conditions are
   43         met; clarifying that the Governor is responsible for
   44         meeting the needs arising out of emergencies
   45         consistent with legislative policy and intent;
   46         providing a presumption that K-12 public schools
   47         should remain open if possible during an extended
   48         public health emergency; providing a presumption that
   49         businesses should remain open if possible during an
   50         extended public health emergency; requiring the
   51         Governor to provide specific reasons if such schools
   52         or businesses are to close as part of an emergency
   53         declaration; requiring the Governor to regularly
   54         review and reassess any issued emergency declarations;
   55         requiring the Governor to provide notice of
   56         declarations of emergencies to the Legislature;
   57         expanding the Legislature’s authority to terminate
   58         states of emergency; requiring that all emergency
   59         declarations and orders be filed with the Division of
   60         Administrative Hearings within a specified timeframe;
   61         specifying that failure to timely file such
   62         declarations or orders results in their being voided;
   63         requiring the division to index and make such
   64         emergency orders available on its website; providing
   65         for retroactive application; limiting the suspension
   66         of any regulatory statute during a state of emergency
   67         to a specified timeframe; authorizing any such
   68         suspensions to be extended for additional timeframes
   69         if certain conditions are met; requiring notice to the
   70         Legislature if a transfer of direction, personnel, or
   71         functions of state departments and agencies is made to
   72         facilitate emergency services; amending s. 252.365,
   73         F.S.; specifying that disaster preparedness plans of
   74         specified agencies must address circumstances
   75         including a pandemic or another public health
   76         emergency; providing that the baseline of preparedness
   77         consider and include rapid and large-scale increases
   78         in the public’s access of government services through
   79         technology or other means during an emergency;
   80         requiring that such plans include the availability and
   81         distribution of personal protective equipment;
   82         requiring agencies to update disaster preparedness
   83         plans on an annual basis; amending s. 252.37, F.S.;
   84         requiring that emergency spending from the Budget
   85         Stabilization Fund be consistent with legislative
   86         policy and intent; requiring the Governor to transfer
   87         any such funds within a specified timeframe; requiring
   88         such expenditures to be directly related to the
   89         disaster or emergency; requiring the state or
   90         political subdivision to submit a spending plan for
   91         certain emergency funds to the Legislature; amending
   92         s. 252.38, F.S.; requiring district school boards to
   93         provide facilities and necessary staff for such
   94         facilities during public health emergencies; amending
   95         s. 252.385, F.S.; requiring the division’s hurricane
   96         shelter plan to address hurricane shelter needs during
   97         public health emergencies; amending s. 252.44, F.S.;
   98         requiring emergency mitigation planning by state
   99         agencies to include agencies with jurisdiction over
  100         public health; amending 377.703, F.S., conforming a
  101         cross-reference; requiring certain budget amendments
  102         to be approved by the Legislative Budget Commission,
  103         under certain conditions; providing that any emergency
  104         orders issued before a specified date will expire but
  105         may be reissued if certain conditions exist and a
  106         certain requirement is met; providing an effective
  107         date.
  109  Be It Enacted by the Legislature of the State of Florida:
  111         Section 1. Section 252.311, Florida Statutes, is amended to
  112  read:
  113         252.311 Legislative intent.—
  114         (1) The Legislature finds and declares that the state is
  115  vulnerable to a wide range of emergencies, including natural,
  116  technological, and manmade disasters, all of which threaten the
  117  life, health, and safety of its people; damage and destroy
  118  property; disrupt services and everyday business and
  119  recreational activities; and impede economic growth and
  120  development. The Legislature further finds that this
  121  vulnerability is exacerbated by the tremendous growth in the
  122  state’s population, especially the growth in the number of
  123  persons residing in coastal areas, in the elderly population, in
  124  the number of seasonal vacationers, and in the number of persons
  125  with special needs. This growth has greatly complicated the
  126  state’s ability to coordinate its emergency management resources
  127  and activities.
  128         (2) It is the intent of the Legislature to reduce the
  129  vulnerability of the people and property of this state; to
  130  prepare for efficient evacuation and shelter of threatened or
  131  affected persons; to provide for the rapid and orderly provision
  132  of relief to persons and for the restoration of services and
  133  property; to prepare for and efficiently respond to public
  134  health emergencies; and to provide for the coordination of
  135  activities relating to emergency preparedness, response,
  136  recovery, and mitigation among and between agencies and
  137  officials of this state, with similar agencies and officials of
  138  other states, with local and federal governments, with
  139  interstate organizations, and with the private sector.
  140         (3) It is further the intent of the Legislature to promote
  141  the state’s emergency preparedness, response, recovery, and
  142  mitigation capabilities through enhanced coordination, long-term
  143  planning, and adequate funding. State policy for responding to
  144  disasters is to support local emergency response efforts. In the
  145  case of a major or catastrophic disaster, however, the needs of
  146  residents and communities will likely be greater than local
  147  resources. In these situations, the state must be capable of
  148  providing effective, coordinated, and timely support to
  149  communities and the public. Therefore, the Legislature hereby
  150  determines and declares that the provisions of this act fulfill
  151  an important state interest.
  152         (4)It is further the intent of the Legislature to minimize
  153  the negative effects of an extended emergency, such as a
  154  pandemic or another public health emergency. The Legislature
  155  recognizes that there are significant negative impacts on
  156  children and families associated with school closures during a
  157  public health emergency such as the COVID-19 pandemic. The
  158  Legislature also recognizes the significant negative impacts of
  159  such emergencies on the economy due to business closures.
  160         (5) It is further the intent of the Legislature that all
  161  aspects of emergency preparedness, response, and recovery be
  162  transparent to the public to the greatest extent possible.
  163         Section 2. Subsection (8) of section 252.34, Florida
  164  Statutes, is amended to read:
  165         252.34 Definitions.—As used in this part, the term:
  166         (8) “Natural emergency” means an emergency caused by a
  167  natural event, including, but not limited to, a public health
  168  emergency, a hurricane, a storm, a flood, severe wave action, a
  169  drought, or an earthquake.
  170         Section 3. Subsection (2) of section 252.35, Florida
  171  Statutes, is amended to read:
  172         252.35 Emergency management powers; Division of Emergency
  173  Management.—
  174         (2) The division is responsible for carrying out the
  175  provisions of ss. 252.31-252.90. In performing its duties, the
  176  division shall:
  177         (a) Prepare a state comprehensive emergency management
  178  plan, which shall be integrated into and coordinated with the
  179  emergency management plans and programs of the Federal
  180  Government. The division shall must adopt the plan as a rule in
  181  accordance with chapter 120. The plan must shall be implemented
  182  by a continuous, integrated comprehensive emergency management
  183  program. The plan must contain provisions to ensure that the
  184  state is prepared for emergencies and minor, major, and
  185  catastrophic disasters, and the division shall work closely with
  186  local governments and agencies and organizations with emergency
  187  management responsibilities in preparing and maintaining the
  188  plan. The state comprehensive emergency management plan must
  189  shall be operations oriented and:
  190         1. Include an evacuation component that includes specific
  191  regional and interregional planning provisions and promotes
  192  intergovernmental coordination of evacuation activities. This
  193  component must, at a minimum: contain guidelines for lifting
  194  tolls on state highways; ensure coordination pertaining to
  195  evacuees crossing county lines; set forth procedures for
  196  directing people caught on evacuation routes to safe shelter;
  197  establish strategies for ensuring sufficient, reasonably priced
  198  fueling locations along evacuation routes; and establish
  199  policies and strategies for emergency medical evacuations.
  200         2. Include a shelter component that includes specific
  201  regional and interregional planning provisions and promotes
  202  coordination of shelter activities between the public, private,
  203  and nonprofit sectors. This component must, at a minimum:
  204  contain strategies to ensure the availability of adequate public
  205  shelter space in each region of the state; establish strategies
  206  for refuge-of-last-resort programs; provide strategies to assist
  207  local emergency management efforts to ensure that adequate
  208  staffing plans exist for all shelters, including medical and
  209  security personnel; provide for a postdisaster communications
  210  system for public shelters; establish model shelter guidelines
  211  for operations, registration, inventory, power generation
  212  capability, information management, and staffing; and set forth
  213  policy guidance for sheltering people with special needs.
  214         3. Include a postdisaster response and recovery component
  215  that includes specific regional and interregional planning
  216  provisions and promotes intergovernmental coordination of
  217  postdisaster response and recovery activities. This component
  218  must provide for postdisaster response and recovery strategies
  219  according to whether a disaster is minor, major, or
  220  catastrophic. The postdisaster response and recovery component
  221  must, at a minimum: establish the structure of the state’s
  222  postdisaster response and recovery organization; establish
  223  procedures for activating the state’s plan; set forth policies
  224  used to guide postdisaster response and recovery activities;
  225  describe the chain of command during the postdisaster response
  226  and recovery period; describe initial and continuous
  227  postdisaster response and recovery actions; identify the roles
  228  and responsibilities of each involved agency and organization;
  229  provide for a comprehensive communications plan; establish
  230  procedures for monitoring mutual aid agreements; provide for
  231  rapid impact assessment teams; ensure the availability of an
  232  effective statewide urban search and rescue program coordinated
  233  with the fire services; ensure the existence of a comprehensive
  234  statewide medical care and relief plan administered by the
  235  Department of Health; and establish systems for coordinating
  236  volunteers and accepting and distributing donated funds and
  237  goods.
  238         4. Include provisions addressing public health emergency
  239  preparedness, response, recovery, and mitigation which must be
  240  developed in consultation with the Department of Health, the
  241  Agency for Health Care Administration, and other agencies as
  242  determined appropriate by the division.
  243         5. Include additional provisions addressing aspects of
  244  preparedness, response, recovery, and mitigation as determined
  245  necessary by the division.
  246         6.5. Address the need for coordinated and expeditious
  247  deployment of state resources, including the Florida National
  248  Guard. In the case of an imminent major disaster, procedures
  249  should address predeployment of the Florida National Guard, and,
  250  in the case of an imminent catastrophic disaster, procedures
  251  should address predeployment of the Florida National Guard and
  252  the United States Armed Forces.
  253         7.6. Establish a system of communications and warning to
  254  ensure that the state’s population and emergency management
  255  agencies are warned of developing emergency situations,
  256  including public health emergencies, and can communicate
  257  emergency response decisions.
  258         8.7. Establish guidelines and schedules for annual
  259  exercises that evaluate the ability of the state and its
  260  political subdivisions to respond to minor, major, and
  261  catastrophic disasters and support local emergency management
  262  agencies. Such exercises shall be coordinated with local
  263  governments and, to the extent possible, the Federal Government.
  264         9.8. Assign lead and support responsibilities to state
  265  agencies and personnel for emergency support functions and other
  266  support activities.
  268  The complete state comprehensive emergency management plan must
  269  shall be submitted to the President of the Senate, the Speaker
  270  of the House of Representatives, and the Governor on February 1
  271  of every even-numbered year.
  272         (b) Adopt standards and requirements for county emergency
  273  management plans. The standards and requirements must ensure
  274  that county plans are coordinated and consistent with the state
  275  comprehensive emergency management plan. If a municipality
  276  elects to establish an emergency management program, it must
  277  adopt a city emergency management plan that complies with all
  278  standards and requirements applicable to county emergency
  279  management plans.
  280         (c) Assist political subdivisions in preparing and
  281  maintaining emergency management plans.
  282         (d) Review periodically political subdivision emergency
  283  management plans for consistency with the state comprehensive
  284  emergency management plan and standards and requirements adopted
  285  under this section.
  286         (e) Cooperate with the President, the heads of the Armed
  287  Forces, the various federal emergency management agencies, the
  288  Centers for Disease Control and Prevention, and the officers and
  289  agencies of other states in matters pertaining to emergency
  290  management in the state and the nation and incidents thereof
  291  and, in connection therewith, take any measures that it deems
  292  proper to carry into effect any request of the President and the
  293  appropriate federal officers and agencies for any emergency
  294  management action, including the direction or control of:
  295         1. Emergency management drills, tests, or exercises of
  296  whatever nature.
  297         2. Warnings and signals for tests and drills, attacks, or
  298  other imminent emergencies or threats thereof and the mechanical
  299  devices to be used in connection with such warnings and signals.
  300         (f) Make recommendations to the Legislature, building code
  301  organizations, and political subdivisions for zoning, building,
  302  and other land use controls; safety measures for securing mobile
  303  homes or other nonpermanent or semipermanent structures; and
  304  other preparedness, prevention, and mitigation measures designed
  305  to eliminate emergencies or reduce their impact.
  306         (g) In accordance with the state comprehensive emergency
  307  management plan and program for emergency management, ascertain
  308  the requirements of the state and its political subdivisions for
  309  equipment and supplies of all kinds in the event of an
  310  emergency; plan for and either procure supplies, medicines,
  311  materials, and equipment or enter into memoranda of agreement or
  312  open purchase orders that will ensure their availability; and
  313  use and employ from time to time any of the property, services,
  314  and resources within the state in accordance with ss. 252.31
  315  252.90.
  316         (h) Anticipate trends and promote innovations that will
  317  enhance the emergency management system.
  318         (i) Institute statewide public awareness programs,
  319  including. This shall include an intensive public educational
  320  campaign on emergency preparedness issues. Such programs must
  321  include, including, but need not be limited to, the personal
  322  responsibility of individual citizens to be self-sufficient for
  323  up to 72 hours following a natural or manmade disaster or a
  324  public health emergency. The public educational campaign must
  325  shall include relevant information on public health emergency
  326  mitigation, statewide disaster plans, evacuation routes, fuel
  327  suppliers, and shelters. All educational materials must be
  328  available in alternative formats and mediums to ensure that they
  329  are available to persons with disabilities.
  330         (j) In cooperation with the Department of Education,
  331  coordinate with the Agency for Persons with Disabilities to
  332  provide an educational outreach program on disaster preparedness
  333  and readiness to individuals who have limited English skills and
  334  identify persons who are in need of assistance but are not
  335  defined under special-needs criteria.
  336         (k) Prepare and distribute to appropriate state and local
  337  officials catalogs of federal, state, and private assistance
  338  programs.
  339         (l) Coordinate federal, state, and local emergency
  340  management activities and take all other steps, including the
  341  partial or full mobilization of emergency management forces and
  342  organizations in advance of an actual emergency, to ensure the
  343  availability of adequately trained and equipped forces of
  344  emergency management personnel before, during, and after
  345  emergencies and disasters.
  346         (m) Establish a schedule of fees that may be charged by
  347  local emergency management agencies for review of emergency
  348  management plans on behalf of external agencies and
  349  institutions. In establishing such schedule, the division shall
  350  consider facility size, review complexity, and other factors.
  351         (n) Implement training programs to improve the ability of
  352  state and local emergency management personnel to prepare and
  353  implement emergency management plans and programs. This shall
  354  include a continuous training program for agencies and
  355  individuals that will be called on to perform key roles in state
  356  and local postdisaster response and recovery efforts and for
  357  local government personnel on federal and state postdisaster
  358  response and recovery strategies and procedures.
  359         (o) Review periodically emergency operating procedures of
  360  state agencies and recommend revisions as needed to ensure
  361  consistency with the state comprehensive emergency management
  362  plan and program.
  363         (p) Make such surveys of industries, resources, and
  364  facilities within the state, both public and private, as are
  365  necessary to carry out the purposes of ss. 252.31-252.90.
  366         (q) Prepare, in advance whenever possible, such executive
  367  orders, proclamations, and rules for issuance by the Governor as
  368  are necessary or appropriate for coping with emergencies and
  369  disasters.
  370         (r) Cooperate with the Federal Government and any public or
  371  private agency or entity in achieving any purpose of ss. 252.31
  372  252.90 and in implementing programs for mitigation, preparation,
  373  response, and recovery.
  374         (s) Complete an inventory of portable generators owned by
  375  the state and local governments which are capable of operating
  376  during a major disaster. The inventory must identify, at a
  377  minimum, the location of each generator, the number of
  378  generators stored at each specific location, the agency to which
  379  each generator belongs, the primary use of the generator by the
  380  owner agency, and the names, addresses, and telephone numbers of
  381  persons having the authority to loan the stored generators as
  382  authorized by the division during a declared emergency.
  383         (t) Maintain an inventory list of generators owned by the
  384  state and local governments. In addition, the division may keep
  385  a list of private entities, along with appropriate contact
  386  information, which offer generators for sale or lease. The list
  387  of private entities shall be available to the public for
  388  inspection in written and electronic formats.
  389         (u) Complete and maintain an inventory of personal
  390  protective equipment owned by the state. The inventory must
  391  include projections of the need for additional personal
  392  protective equipment, as reported by each government agency, to
  393  maintain the inventory and replace expired items. The initial
  394  inventory must be reported to the Governor, the Chief Justice of
  395  the Supreme Court, the President of the Senate, and the Speaker
  396  of the House of Representatives by December 31, 2021, and
  397  updated annually thereafter. In addition, the division may keep
  398  a list of private entities, along with appropriate contact
  399  information, which sell personal protective equipment. The list
  400  of private entities must be available to the public for
  401  inspection in writing and electronically.
  402         (v) Assist political subdivisions with the creation and
  403  training of urban search and rescue teams and promote the
  404  development and maintenance of a state urban search and rescue
  405  program.
  406         (w)(v) Delegate, as necessary and appropriate, authority
  407  vested in it under ss. 252.31-252.90 and provide for the
  408  subdelegation of such authority. Any such delegation or
  409  subdelegation during a public health emergency must be limited
  410  to no more than 30 days and may be renewed only as necessary.
  411         (x)(w) Report biennially to the President of the Senate,
  412  the Speaker of the House of Representatives, the Chief Justice
  413  of the Supreme Court, and the Governor, no later than February 1
  414  of every odd-numbered year, the status of the emergency
  415  management capabilities of the state and its political
  416  subdivisions. This report must include the emergency management
  417  capabilities related to public health emergencies.
  418         (y)(x) In accordance with chapter 120, create, implement,
  419  administer, adopt, amend, and rescind rules, programs, and plans
  420  needed to carry out the provisions of ss. 252.31-252.90 with due
  421  consideration for, and in cooperating with, the plans and
  422  programs of the Federal Government. In addition, the division
  423  may adopt rules in accordance with chapter 120 to administer and
  424  distribute federal financial predisaster and postdisaster
  425  assistance for prevention, mitigation, preparedness, response,
  426  and recovery.
  427         (z)(y) Do other things necessary, incidental, or
  428  appropriate for the implementation of ss. 252.31-252.90.
  429         Section 4. Subsection (2) of section 252.355, Florida
  430  Statutes, is amended to read:
  431         252.355 Registry of persons with special needs; notice;
  432  registration program.—
  433         (2) In order to ensure that all persons with special needs
  434  may register, the division shall develop and maintain a special
  435  needs shelter registration program. In the case of a public
  436  health emergency and the need for physical distancing, the
  437  division must maintain information on special needs shelter
  438  options for such persons which mitigate the threat of the spread
  439  of infectious diseases The registration program must be
  440  developed by January 1, 2015, and fully implemented by March 1,
  441  2015.
  442         (a) The registration program shall include, at a minimum, a
  443  uniform electronic registration form and a database for
  444  uploading and storing submitted registration forms that may be
  445  accessed by the appropriate local emergency management agency.
  446  The link to the registration form shall be easily accessible on
  447  each local emergency management agency’s website. Upon receipt
  448  of a paper registration form, the local emergency management
  449  agency shall enter the person’s registration information into
  450  the database.
  451         (b) To assist in identifying persons with special needs,
  452  home health agencies, hospices, nurse registries, home medical
  453  equipment providers, the Department of Children and Families,
  454  the Department of Health, the Agency for Health Care
  455  Administration, the Department of Education, the Agency for
  456  Persons with Disabilities, the Department of Elderly Affairs,
  457  and memory disorder clinics shall, and any physician licensed
  458  under chapter 458 or chapter 459 and any pharmacy licensed under
  459  chapter 465 may, annually provide registration information to
  460  all of their special needs clients or their caregivers. The
  461  division shall develop a brochure that provides information
  462  regarding special needs shelter registration procedures. The
  463  brochure must be easily accessible on the division’s website.
  464  All appropriate agencies and community-based service providers,
  465  including aging and disability resource centers, memory disorder
  466  clinics, home health care providers, hospices, nurse registries,
  467  and home medical equipment providers, shall, and any physician
  468  licensed under chapter 458 or chapter 459 may, assist emergency
  469  management agencies by annually registering persons with special
  470  needs for special needs shelters, collecting registration
  471  information for persons with special needs as part of the
  472  program intake process, and establishing programs to educate
  473  clients about the registration process and disaster preparedness
  474  safety procedures. A client of a state-funded or federally
  475  funded service program who has a physical, mental, or cognitive
  476  impairment or sensory disability and who needs assistance in
  477  evacuating, or when in a shelter, must register as a person with
  478  special needs. The registration program shall give persons with
  479  special needs the option of preauthorizing emergency response
  480  personnel to enter their homes during search and rescue
  481  operations if necessary to ensure their safety and welfare
  482  following disasters.
  483         (c) The division shall be the designated lead agency
  484  responsible for community education and outreach to the public,
  485  including special needs clients, regarding registration and
  486  special needs shelters and general information regarding shelter
  487  stays.
  488         (d) On or before May 31 of each year, each electric utility
  489  in the state shall annually notify residential customers in its
  490  service area of the availability of the registration program
  491  available through their local emergency management agency by:
  492         1. An initial notification upon the activation of new
  493  residential service with the electric utility, followed by one
  494  annual notification between January 1 and May 31; or
  495         2. Two separate annual notifications between January 1 and
  496  May 31.
  498  The notification may be made by any available means, including,
  499  but not limited to, written, electronic, or verbal notification,
  500  and may be made concurrently with any other notification to
  501  residential customers required by law or rule.
  502         Section 5. Subsection (5) of section 252.356, Florida
  503  Statutes, is amended to read:
  504         252.356 Emergency and disaster planning provisions to
  505  assist persons with disabilities or limitations.—State agencies
  506  that contract with providers for the care of persons with
  507  disabilities or limitations that make such persons dependent
  508  upon the care of others shall include emergency and disaster
  509  planning provisions in such contracts at the time the contracts
  510  are initiated or upon renewal. These provisions shall include,
  511  but shall not be limited to:
  512         (5) A procedure for providing the essential services the
  513  organization currently provides to special needs clients in
  514  preparation for, and during, and following, a disaster,
  515  including, but not limited to, a public health emergency.
  516         Section 6. Subsection (2) of section 252.359, Florida
  517  Statutes, is amended to read:
  518         252.359 Ensuring availability of emergency supplies.—
  519         (2) As used in this section, the term “essentials” means
  520  goods that are consumed or used as a direct result of a declared
  521  emergency, or that are consumed or used to preserve, protect, or
  522  sustain life, health, safety, or economic well-being. The term
  523  includes personal protective equipment used in the event of a
  524  public health emergency.
  525         Section 7. Section 252.36, Florida Statutes, is amended to
  526  read:
  527         252.36 Emergency management powers of the Governor.—
  528         (1)(a) The Governor is responsible for meeting the dangers
  529  presented to this state and its people by emergencies. In the
  530  event of an emergency beyond local control, the Governor, or, in
  531  the Governor’s absence, her or his successor as provided by law,
  532  may assume direct operational control over all or any part of
  533  the emergency management functions within this state, and she or
  534  he shall have the power through proper process of law to carry
  535  out the provisions of this section consistent with legislative
  536  policy and intent. The Governor is authorized to delegate such
  537  powers as she or he may deem prudent.
  538         (b) Pursuant to the authority vested in her or him under
  539  paragraph (a), the Governor may issue executive orders,
  540  proclamations, and rules and may amend or rescind them. Such
  541  executive orders, proclamations, and rules shall have the force
  542  and effect of law and must be limited in duration to no more
  543  than 30 days. An executive order, a proclamation, or a rule may
  544  be reissued for 30-day periods if the emergency conditions
  545  persist. If reissued, the order, proclamation, or rule must
  546  state with specificity the provisions that are being reissued.
  547         (c)The Legislature intends that, during an extended public
  548  health emergency such as the COVID-19 pandemic, there should be
  549  a presumption that K-12 public schools, to the greatest extent
  550  possible, should remain open so long as the health and safety of
  551  students and school personnel can be maintained. The Legislature
  552  also intends that during such an event, there should be a
  553  presumption that businesses should remain open to the greatest
  554  extent possible so long as the health and safety of employees
  555  and customers can be reasonably protected.
  556         1. If the Governor declares by executive order or
  557  proclamation that the emergency requires closure of or
  558  restricted in-person attendance at K-12 public schools, the
  559  executive order or proclamation must contain specific reasons
  560  for those determinations, and he or she must review and reassess
  561  the situation regularly.
  562         2. If the Governor declares by executive order or
  563  proclamation that the emergency requires businesses to have
  564  restricted operations or closures, the executive order or
  565  proclamation must contain specific reasons for those
  566  determinations, and he or she must review and reassess the
  567  situation regularly.
  568         (2) A state of emergency must shall be declared by
  569  executive order or proclamation of the Governor if she or he
  570  finds an emergency has occurred or that the occurrence or the
  571  threat thereof is imminent. The state of emergency must shall
  572  continue until the Governor finds that the threat or danger has
  573  been dealt with to the extent that the emergency conditions no
  574  longer exist and she or he terminates the state of emergency by
  575  executive order or proclamation, but no state of emergency may
  576  continue for longer than 60 days unless renewed by the Governor.
  577  The Legislature by concurrent resolution may terminate a state
  578  of emergency at any time. Thereupon, the Governor shall issue an
  579  executive order or proclamation ending the state of emergency.
  580  All executive orders or proclamations issued under this section
  581  must shall indicate the nature of the emergency, the area or
  582  areas threatened, and the conditions which have brought the
  583  emergency about or which make possible its termination. An
  584  executive order or proclamation must shall be promptly
  585  disseminated by means calculated to bring its contents to the
  586  attention of the general public; and, unless the circumstances
  587  attendant upon the emergency prevent or impede such filing, the
  588  order or proclamation must shall be filed promptly with the
  589  Department of State, the President of the Senate and the Speaker
  590  of the House of Representatives, and in the offices of the
  591  county commissioners in the counties to which the order or
  592  proclamation applies.
  593         (3)(a) At any time, the Legislature, by concurrent
  594  resolution, may terminate a state of emergency or any specific
  595  order or directive thereunder. Upon such concurrent resolution,
  596  the Governor shall issue an executive order or proclamation
  597  consistent with the concurrent resolution.
  598         (b) Notwithstanding s. 252.46(2), all emergency
  599  declarations and orders, regardless of how titled, issued under
  600  the authority of this part by the Governor or any agency,
  601  whether by direct, delegated, or subdelegated authority, before,
  602  during, or after a declared emergency must be immediately filed
  603  with the Division of Administrative Hearings. Failure to file
  604  any such declaration or order with the division within 3 days
  605  after issuance voids the declaration or order. The division
  606  shall index all such declarations and orders and make them
  607  available in searchable format on its website. The index must
  608  include a search category that specifically identifies emergency
  609  orders that are in effect at any given time. This subsection
  610  applies retroactively to all executive emergency declarations
  611  and orders that are in effect when this subsection takes effect.
  612         (4) An executive order or proclamation of a state of
  613  emergency must shall:
  614         (a) Activate the emergency mitigation, response, and
  615  recovery aspects of the state, local, and interjurisdictional
  616  emergency management plans applicable to the political
  617  subdivision or area in question; and
  618         (b) Be authority for the deployment and use of any forces
  619  to which the plan or plans apply and for the use or distribution
  620  of any supplies, equipment, and materials and facilities
  621  assembled, stockpiled, or arranged to be made available pursuant
  622  to ss. 252.31-252.90 or any other provision of law relating to
  623  emergencies.
  624         (c) Identify whether the state of emergency is due to a
  625  minor, major, or catastrophic disaster.
  626         1. For a major or catastrophic disaster, the proclamation
  627  is authority for a health care practitioner licensed in another
  628  state to assist in providing health care in the disaster area
  629  according to the provisions specified in the proclamation.
  630         2. For a catastrophic disaster, the proclamation
  631  constitutes a formal request for mobilization of the military,
  632  which shall be communicated to the President of the United
  633  States.
  634         (5)(4) During the continuance of a state of emergency, the
  635  Governor is commander in chief of the Florida National Guard and
  636  of all other forces available for emergency duty. To the
  637  greatest extent practicable, the Governor shall delegate or
  638  assign command authority by prior arrangement embodied in
  639  appropriate executive orders or rules, but nothing herein
  640  restricts the Governor’s authority to do so by orders issued at
  641  the time of the emergency.
  642         (6)(5) In addition to any other powers conferred upon the
  643  Governor by law, she or he may:
  644         (a) Suspend the provisions of any regulatory statute
  645  prescribing the procedures for conduct of state business or the
  646  orders or rules of any state agency, if strict compliance with
  647  the provisions of any such statute, order, or rule would in any
  648  way prevent, hinder, or delay necessary action in coping with
  649  the emergency. Any such suspension must be consistent with
  650  legislative policy and intent and must expire no later than 30
  651  days after the initial suspension. The suspension may be
  652  reissued for subsequent periods, not to exceed 30 days for each
  653  reissuance, if the conditions underlying the emergency continue.
  654         (b) Use Utilize all available resources of the state
  655  government and of each political subdivision of the state, as
  656  reasonably necessary, to respond to cope with the emergency.
  657         (c) Transfer the direction, personnel, or functions of
  658  state departments and agencies or units thereof for the purpose
  659  of performing or facilitating emergency services. Any such
  660  transfer must be promptly reported to the President of the
  661  Senate and the Speaker of the House of Representatives on a
  662  monthly basis until such transfer ceases. The monthly reports
  663  must be cumulative.
  664         (d) Subject to any applicable requirements for compensation
  665  under s. 252.43, commandeer or use utilize any private property
  666  if she or he finds this necessary to adequately respond to cope
  667  with the emergency.
  668         (e) Direct and compel the evacuation of all or part of the
  669  population from any stricken or threatened area within the state
  670  if she or he deems this action necessary for the preservation of
  671  life or other emergency mitigation, response, or recovery.
  672         (f) Prescribe routes, modes of transportation, and
  673  destinations in connection with evacuation.
  674         (g) Control ingress and egress to and from an emergency
  675  area, the movement of persons within the area, and the occupancy
  676  of premises therein.
  677         (h) Suspend or limit the sale, dispensing, or
  678  transportation of alcoholic beverages, firearms, explosives, and
  679  combustibles. However, nothing contained in ss. 252.31-252.90
  680  shall be construed to authorize the seizure, taking, or
  681  confiscation of firearms that are lawfully possessed, unless a
  682  person is engaged in the commission of a criminal act.
  683         (i) Make provision for the availability and use of
  684  temporary emergency housing.
  685         (j) Take effective measures for limiting or suspending
  686  lighting devices and appliances, gas and water mains, electric
  687  power distribution, and all other utility services in the
  688  general public interest.
  689         (k) Take measures concerning the conduct of civilians, the
  690  movement and cessation of movement of pedestrian and vehicular
  691  traffic prior to, during, and subsequent to drills and actual or
  692  threatened emergencies, the calling of public meetings and
  693  gatherings, and the evacuation and reception of civilian
  694  population, as provided in the emergency management plan of the
  695  state and political subdivisions thereof.
  696         (l) Authorize the use of forces already mobilized as the
  697  result of an executive order, rule, or proclamation to assist
  698  the private citizens of the state in cleanup and recovery
  699  operations during emergencies when proper permission to enter
  700  onto or into private property has been obtained from the
  701  property owner. The provisions of s. 768.28(9) apply to this
  702  paragraph.
  703         (m) Authorize businesses and their employees who sell
  704  commodities as defined in s. 501.160(1)(a) to exceed the times
  705  of curfews for the purpose of ensuring that the supplies of
  706  commodities are made available to the public and direct local
  707  law enforcement to assist and accommodate those businesses and
  708  their employees in ensuring that commodities are available in
  709  coping with the emergency.
  710         (n) By executive order, authorize the operator of solid
  711  waste disposal facilities to extend operating hours to ensure
  712  the health, safety, and welfare of the general public.
  713         (o) Waive the patient eligibility requirements of s.
  714  465.1902.
  715         (7)(6) The Governor shall take such action and give such
  716  direction to state and local law enforcement officers and
  717  agencies as may be reasonable and necessary for the purpose of
  718  securing compliance with the provisions of ss. 252.31-252.90 and
  719  with the orders and rules made pursuant thereto.
  720         (8)(7) The Governor shall employ such measures and give
  721  such directions to the Department of Health and the Agency for
  722  Health Care Administration as may be reasonably necessary for
  723  the purpose of securing compliance with the provisions of ss.
  724  252.31-252.90 or with the findings or recommendations of such
  725  agency of health by reason of conditions arising from
  726  emergencies or threats of emergency.
  727         (9)(8) The Governor shall delegate emergency
  728  responsibilities to the officers and agencies of the state and
  729  of the political subdivisions thereof prior to an emergency or
  730  threat of an emergency and shall utilize the services and
  731  facilities of existing officers and agencies of the state and of
  732  the political subdivisions thereof, including their personnel
  733  and other resources, as the primary emergency management forces
  734  of the state, and all such officers and agencies shall cooperate
  735  with and extend their services and facilities to the division,
  736  as it may require.
  737         (10)(9) The Governor and the division shall establish
  738  agencies and offices and appoint executive, professional,
  739  technical, clerical, and other personnel as may be necessary to
  740  carry out the provisions of ss. 252.31-252.90.
  741         (11)(10) The Governor shall formulate and execute plans and
  742  rules for the control of traffic in order to provide for the
  743  rapid and safe movement or evacuation over public highways and
  744  streets of people, troops, or vehicles and materials for
  745  national defense or for use in any defense industry and may
  746  coordinate the activities of the departments or agencies of the
  747  state and the political subdivisions thereof concerned directly
  748  or indirectly with public highways and streets in a manner which
  749  will best effectuate such plans.
  750         Section 8. Subsection (3) of section 252.365, Florida
  751  Statutes, is amended to read:
  752         252.365 Emergency coordination officers; disaster
  753  preparedness plans.—
  754         (3) The emergency coordination officers shall ensure These
  755  individuals shall be responsible for ensuring that each state
  756  agency and facility, such as a prison, office building, or
  757  university, has a disaster preparedness plan that is coordinated
  758  with the applicable local emergency-management agency and
  759  approved by the division.
  760         (a) The disaster-preparedness plan must outline a
  761  comprehensive and effective program to ensure continuity of
  762  essential state functions under all circumstances, including a
  763  pandemic or another public health emergency. The plan must
  764  identify a baseline of preparedness for a full range of
  765  potential emergencies to establish a viable capability to
  766  perform essential functions during any emergency or other
  767  situation that disrupts normal operations. This baseline must
  768  consider and include preparedness for rapid and large-scale
  769  increases in the public’s need to access government services
  770  through technology or other means during an emergency such as
  771  the COVID-19 pandemic.
  772         (b) The plan must include, at a minimum, the following
  773  elements: identification of essential functions, programs, and
  774  personnel; procedures to implement the plan and personnel
  775  notification and accountability; delegations of authority and
  776  lines of succession; identification of alternative facilities
  777  and related infrastructure, including those for communications;
  778  identification and protection of vital records and databases;
  779  provisions regarding the availability of, and distribution plans
  780  for, personal protective equipment; and schedules and procedures
  781  for periodic tests, training, and exercises.
  782         (c) The division shall develop and distribute guidelines
  783  for developing and implementing the plan. By December 31 of each
  784  year, each agency must update its plan to include provisions
  785  related to preparation for pandemics and other public health
  786  emergencies.
  787         Section 9. Section 252.37, Florida Statutes, is amended to
  788  read:
  789         252.37 Financing.—
  790         (1) The Legislature intends and declares it to be the
  791  policy of the state that funds to meet emergencies shall always
  792  be available.
  793         (2) It is the legislative intent that the first recourse be
  794  made to funds regularly appropriated to state and local
  795  agencies. If the Governor finds that the demands placed upon
  796  these funds in coping with a particular disaster declared by the
  797  Governor as a state of emergency are unreasonably great, she or
  798  he may make funds available by transferring and expending moneys
  799  appropriated for other purposes or , by transferring and
  800  expending moneys out of any unappropriated surplus funds, or
  801  from the Budget Stabilization Fund consistent with legislative
  802  policy and intent. Following the expiration or termination of
  803  the state of emergency, or 6 months after the expiration or
  804  termination of the initial state of emergency, whichever occurs
  805  earlier, the Governor may transfer moneys with a budget
  806  amendment, subject to approval, in whole or in part, by the
  807  Legislative Budget Commission, to satisfy the budget authority
  808  granted for such emergency. The expenditures supporting the
  809  amendment must be directly related to the stated disaster or
  810  emergency.
  811         (3) Nothing contained in This section may not shall be
  812  construed to limit the authority of the Governor to apply for,
  813  administer, and expend any grants, gifts, or payments in aid of
  814  emergency prevention, mitigation, preparedness, response, or
  815  recovery.
  816         (4)(a) Whenever the Federal Government or any agency or
  817  officer thereof offers to the state or, through the state, to
  818  any political subdivision thereof services, equipment, supplies,
  819  materials, or funds by way of gift, grant, or loan for the
  820  purposes of emergency management or recovery, the state, acting
  821  through the division, or such political subdivision, acting with
  822  the consent of the Governor or the Governor’s authorized
  823  representative, may accept such offer. Upon such acceptance, the
  824  division or the presiding officer or governing body of such
  825  political subdivision may authorize receipt of the gift, grant,
  826  or loan on behalf of the state or such political subdivision,
  827  subject to the terms of the offer and the rules and regulations
  828  of the agency making the offer.
  829         (b) Whenever any person, firm, or corporation offers to the
  830  state or to any political subdivision thereof services,
  831  equipment, supplies, materials, or funds by way of gift, grant,
  832  loan, or other agreement for the purpose of emergency
  833  management, the state, acting through the division, or such
  834  political subdivision, acting through its governing body or a
  835  local emergency management agency, may accept such offer. Upon
  836  such acceptance, the division or the presiding officer or
  837  governing body of the political subdivision may authorize
  838  receipt of the gift, grant, or loan on behalf of the state or
  839  such political subdivision, subject to the terms of the offer.
  840         (5) Unless otherwise specified in the General
  841  Appropriations Act:
  842         (a) Whenever the state accepts financial assistance from
  843  the Federal Government or its agencies under the federal Public
  844  Assistance Program and such financial assistance is conditioned
  845  upon a requirement for matching funds, the state shall provide
  846  the entire match requirement for state agencies and one-half of
  847  the required match for grants to local governments. The affected
  848  local government shall be required to provide one-half of the
  849  required match prior to receipt of such financial assistance.
  850         (b) The Executive Office of the Governor may approve a
  851  waiver, subject to the requirement for legislative notice and
  852  review under s. 216.177, of all or a portion of the required
  853  match for public assistance projects for local governments if
  854  the Executive Office of the Governor determines that such a
  855  match requirement cannot be provided, or that doing so would
  856  impose a documented hardship on the local government, and if the
  857  local government applies for the waiver within the first 18
  858  months after the disaster is declared.
  859         (6) Whenever the state accepts financial assistance from
  860  the Federal Government or its agencies under the federal Hazard
  861  Mitigation Assistance Grant Program and such financial
  862  assistance is conditioned upon a requirement for matching funds,
  863  the eligible subgrantee recipient shall be required to provide
  864  the full amount of the required match prior to receipt of such
  865  financial assistance unless otherwise specified in the General
  866  Appropriations Act.
  868  The agency or political subdivision must submit in advance a
  869  detailed spending plan for any such grants, gifts, loans, funds,
  870  payments, services, equipment, supplies, or materials in aid of
  871  or for the purpose of emergency prevention, management,
  872  mitigation, preparedness, response, or recovery received under
  873  this section to the President of the Senate, the Speaker of the
  874  House of Representatives, and the chairs of the legislative
  875  appropriations committees. If an emergency situation precludes
  876  the timely advanced submission of a detailed spending plan, the
  877  plan must be submitted as soon as practicable, but no later than
  878  30 days after initiation of any expenditures and continuing
  879  every 30 days so long as the emergency continues and funds
  880  continue to be disbursed.
  881         Section 10. Paragraph (d) of subsection (1) of section
  882  252.38, Florida Statutes, is amended to read:
  883         252.38 Emergency management powers of political
  884  subdivisions.—Safeguarding the life and property of its citizens
  885  is an innate responsibility of the governing body of each
  886  political subdivision of the state.
  887         (1) COUNTIES.—
  888         (d) During a declared state or local emergency, including a
  889  public health emergency, and upon the request of the director of
  890  a local emergency management agency, the district school board
  891  or school boards in the affected area shall participate in
  892  emergency management by providing facilities and necessary
  893  personnel to staff such facilities. Each school board providing
  894  transportation assistance in an emergency evacuation shall
  895  coordinate the use of its vehicles and personnel with the local
  896  emergency management agency.
  897         Section 11. Subsections (1), (2), and (3) of section
  898  252.385, Florida Statutes, are amended to read:
  899         252.385 Public shelter space.—
  900         (1) It is the intent of the Legislature that this state not
  901  have a deficit of safe public hurricane evacuation shelter space
  902  in any region of the state by 1998 and thereafter.
  903         (2)(a) The division shall administer a program to survey
  904  existing schools, universities, community colleges, and other
  905  state-owned, municipally owned, and county-owned public
  906  buildings and any private facility that the owner, in writing,
  907  agrees to provide for use as a public hurricane evacuation
  908  shelter to identify those that are appropriately designed and
  909  located to serve as such shelters. The owners of the facilities
  910  must be given the opportunity to participate in the surveys. The
  911  state university boards of trustees, district school boards,
  912  community college boards of trustees, and the Department of
  913  Education are responsible for coordinating and implementing the
  914  survey of public schools, universities, and community colleges
  915  with the division or the local emergency management agency.
  916         (b) By January 31 of each even-numbered year, the division
  917  shall prepare and submit a statewide emergency shelter plan to
  918  the Governor and Cabinet for approval, subject to the
  919  requirements for approval in s. 1013.37(2). The emergency
  920  shelter plan must address the hurricane shelter needs of the
  921  state, including during times of a concurrent public health
  922  emergency that necessitates more space for each individual in
  923  such shelters to accommodate physical distancing. In addition to
  924  information on the general shelter needs throughout this state,
  925  the plan must shall identify the general location and square
  926  footage of special needs shelters, by regional planning council
  927  region, during the next 5 years. The plan must shall also
  928  include information on the availability of shelters that accept
  929  pets. The Department of Health shall assist the division in
  930  determining the estimated need for special needs shelter space
  931  and the adequacy of facilities to meet the needs of persons with
  932  special needs based on information from the registries of
  933  persons with special needs and other information.
  934         (3) The division shall annually provide to the President of
  935  the Senate, the Speaker of the House of Representatives, and the
  936  Governor a list of facilities recommended to be retrofitted
  937  using state funds. State funds should be maximized and targeted
  938  to regional planning council regions with hurricane evacuation
  939  shelter deficits. Retrofitting facilities in regions with public
  940  hurricane evacuation shelter deficits shall be given first
  941  priority and should be completed by 2003. All recommended
  942  facilities should be retrofitted by 2008. The owner or lessee of
  943  a public hurricane evacuation shelter that is included on the
  944  list of facilities recommended for retrofitting is not required
  945  to perform any recommended improvements.
  946         Section 12. Subsection (1) of section 252.44, Florida
  947  Statutes, is amended to read:
  948         252.44 Emergency mitigation.—
  949         (1) In addition to prevention measures included in the
  950  state and local comprehensive emergency management plans, the
  951  Governor shall consider on a continuing basis steps that could
  952  be taken to mitigate the harmful consequences of emergencies. At
  953  the Governor’s direction and pursuant to any other authority and
  954  competence they have, state agencies, including, but not limited
  955  to, those charged with responsibilities in connection with
  956  protecting and maintaining the public health, flood plain
  957  management, stream encroachment and flow regulation, weather
  958  modification, fire prevention and control, air quality, public
  959  works, land use and land use planning, and construction
  960  standards, shall make studies of emergency-mitigation-related
  961  matters. The Governor, from time to time, shall make such
  962  recommendations to the Legislature, local governments, and other
  963  appropriate public and private entities as may facilitate
  964  measures for mitigation of the harmful consequences of
  965  emergencies.
  966         Section 13. Paragraph (a) of subsection (2) of section
  967  377.703, Florida Statutes, is amended to read:
  968         377.703 Additional functions of the Department of
  969  Agriculture and Consumer Services.—
  970         (2) DUTIES.—The department shall perform the following
  971  functions, unless as otherwise provided, consistent with the
  972  development of a state energy policy:
  973         (a) The Division of Emergency Management is responsible for
  974  the development of an energy emergency contingency plan to
  975  respond to serious shortages of primary and secondary energy
  976  sources. Upon a finding by the Governor, implementation of any
  977  emergency program shall be upon order of the Governor that a
  978  particular kind or type of fuel is, or that the occurrence of an
  979  event which is reasonably expected within 30 days will make the
  980  fuel, in short supply. The Division of Emergency Management
  981  shall then respond by instituting the appropriate measures of
  982  the contingency plan to meet the given emergency or energy
  983  shortage. The Governor may utilize the provisions of s.
  984  252.36(6) s. 252.36(5) to carry out any emergency actions
  985  required by a serious shortage of energy sources.
  986         Section 14. Notwithstanding the requirements of s. 252.37,
  987  Florida Statutes, as amended by this act, and for purposes of
  988  the declaration of emergency issued by the Governor for the
  989  COVID-19 pandemic, any budget amendment submitted in accordance
  990  with s. 252.37, Florida Statutes, upon the effective date of
  991  this act is subject to approval, in whole or in part, by the
  992  Legislative Budget Commission.
  993         Section 15. For purposes of this act, all executive orders
  994  issued pursuant to an emergency declaration by the Governor,
  995  including through delegated or subdelegated authority, which are
  996  issued more than 30 days before July 1, 2021, will expire upon
  997  the effective date of this act; however, an expired executive
  998  order may be reissued for 30-day periods if the emergency
  999  conditions persist, and if the reissued order states with
 1000  specificity the provisions that are being reissued.
 1001         Section 16. This act shall take effect July 1, 2021.