Florida Senate - 2021                      CS for CS for SB 2006
       By the Committees on Rules; and Appropriations; and Senator
       595-03819-21                                          20212006c2
    1                        A bill to be entitled                      
    2         An act relating to emergency management; amending s.
    3         11.90, F.S.; authorizing the Legislative Budget
    4         Commission to convene to transfer certain funds to the
    5         Emergency Preparedness and Response Fund; amending s.
    6         252.311, F.S.; revising legislative intent with
    7         respect to the State Emergency Management Act;
    8         amending s. 252.34, F.S.; defining terms; amending s.
    9         252.35, F.S.; requiring that the state comprehensive
   10         emergency management plan provide for certain public
   11         health emergency communications and include the
   12         Department of Health’s public health emergency plan;
   13         requiring the Division of Emergency Management to
   14         cooperate with federal and state health agencies;
   15         requiring statewide awareness and education programs
   16         to include education on public health emergency
   17         preparedness and mitigation; requiring the division to
   18         complete and maintain an inventory of personal
   19         protective equipment; directing the division to submit
   20         a specified annual report to the Governor, the
   21         Legislature, and the Chief Justice of the Supreme
   22         Court; providing limitations on the timeframe for
   23         delegation of certain authorities by the division;
   24         requiring the division to submit a specified biennial
   25         report to the Chief Justice of the Supreme Court;
   26         amending s. 252.355, F.S.; requiring the division to
   27         maintain certain information on special needs shelter
   28         options during certain public health emergencies;
   29         deleting obsolete language; amending s. 252.356, F.S.;
   30         requiring state agencies that contract with providers
   31         for the care of persons with certain disabilities or
   32         limitations to include in such contracts a procedure
   33         for providing essential services in preparation for,
   34         during, and following public health emergencies;
   35         amending s. 252.359, F.S.; redefining the term
   36         “essentials” to include personal protective equipment
   37         used during public health emergencies; amending s.
   38         252.36, F.S.; limiting the duration of emergency
   39         orders, proclamations, and rules issued by the
   40         Governor; providing legislative intent; providing a
   41         presumption that K-12 public schools should remain
   42         open, if possible, during an extended public health
   43         emergency; providing a presumption that businesses
   44         should remain open, if possible, during an extended
   45         public health emergency; requiring the Governor to
   46         include specific reasons for closing or restricting
   47         in-person attendance at K-12 public schools and for
   48         closing or restricting operations of businesses during
   49         an extended public health emergency; requiring the
   50         Governor to provide specific reasons if such schools
   51         or businesses are closed as part of an emergency
   52         declaration; requiring the Governor to regularly
   53         review and reassess any issued emergency declarations;
   54         requiring the Governor to provide notice of
   55         declarations of emergencies to the Legislature;
   56         expanding the Legislature’s authority to terminate
   57         states of emergency; requiring that all emergency
   58         declarations and orders be filed with the Division of
   59         Administrative Hearings within a specified timeframe;
   60         specifying that failure to timely file such
   61         declarations or orders results in their being voided;
   62         requiring the division to index such emergency orders
   63         and make them available on its website within a
   64         specified timeframe; requiring such orders to be
   65         searchable by specified criteria; requiring that the
   66         Division of Emergency Management publish a link to the
   67         index on its website; providing for retroactive
   68         application; directing the Governor to report certain
   69         department and agency activities to the Legislature
   70         during a state of emergency; creating s. 252.3611,
   71         F.S.; requiring specified information to be included
   72         in orders, proclamations, and rules issued by the
   73         Governor, the division, or an agency; directing
   74         specified entities to submit specified contracts and
   75         reports to the Legislature; directing the Auditor
   76         General to conduct specified financial audits;
   77         amending s. 252.365, F.S.; requiring that disaster
   78         preparedness plans of specified agencies address
   79         pandemics and other public health emergencies and
   80         include certain increases in public access of
   81         government services and availability and distribution
   82         of personal protective equipment during an emergency;
   83         directing agencies to update disaster preparedness
   84         plans by a specified date; amending s. 252.37, F.S.;
   85         revising legislative intent; authorizing the Governor
   86         to transfer and expend moneys from the Emergency
   87         Preparedness and Response Fund; authorizing the
   88         Governor to request that additional funds be
   89         appropriated to the Emergency Preparedness and
   90         Response Fund, subject to approval by the Legislative
   91         Budget Commission; providing construction; requiring
   92         state agencies to submit to the Legislature a spending
   93         plan for certain emergency funds; requiring the
   94         Division of Emergency Management to submit to the
   95         Legislature a report detailing public assistance
   96         requests; amending s. 252.38, F.S.; specifying that a
   97         political subdivision has the burden of proving the
   98         proper exercise of its police power in the issuance of
   99         certain emergency orders; authorizing the Governor or
  100         the Legislature to invalidate emergency measures
  101         issued by a political subdivision under specified
  102         conditions; amending s. 252.385, F.S.; requiring the
  103         division’s hurricane shelter plan to address projected
  104         hurricane shelter needs during public health
  105         emergencies; amending s. 252.44, F.S.; requiring
  106         emergency mitigation planning by state agencies to
  107         include agencies with jurisdiction over public health;
  108         amending s. 252.46, F.S.; providing that a failure by
  109         a political subdivision to file certain orders and
  110         rules with specified entities within a specified
  111         timeframe voids the issued orders or rules; requiring
  112         that certain orders be available on a dedicated
  113         webpage; requiring the division to provide links to
  114         such webpage on its website in a specified format;
  115         providing for the automatic expiration of emergency
  116         orders issued by a political subdivision; authorizing
  117         the extension of such orders if certain conditions are
  118         met; prohibiting a political subdivision from issuing
  119         a subsequent order for the same emergency which is
  120         substantially similar to the expired order; providing
  121         for the tolling of the automatic expiration of an
  122         order if certain conditions exist; requiring that
  123         orders issued by a political subdivision which impose
  124         a curfew restricting travel or movement allow persons
  125         to travel during the curfew to and from their places
  126         of employment; amending s. 377.703, F.S.; conforming a
  127         cross-reference; amending s. 381.00315, F.S.; revising
  128         a definition; directing the Department of Health, in
  129         collaboration with specified entities, to develop a
  130         specified public health emergency plan; requiring the
  131         department to submit the plan to the division;
  132         requiring the department to review and update the plan
  133         as necessary; directing the State Health Officer to
  134         establish methods of reporting certain data;
  135         authorizing the State Health Officer to order and
  136         request assistance with specified duties; amending s.
  137         406.11, F.S.; requiring district medical examiners to
  138         certify deaths and to assist the State Health Officer
  139         with certain functions upon request; providing that
  140         any emergency orders issued before a specified date
  141         will expire but may be reissued if certain conditions
  142         exist and a certain requirement is met; requiring the
  143         Department of Business and Professional Regulation, by
  144         a specified date, to review all executive orders
  145         issued under its delegated authority during the COVID
  146         19 pandemic to make recommendations to the
  147         Legislature; providing effective dates.
  149  Be It Enacted by the Legislature of the State of Florida:
  151         Section 1. Contingent upon SB 1892 or similar legislation
  152  creating the Emergency Preparedness and Response Fund taking
  153  effect, subsection (8) is added to section 11.90, Florida
  154  Statutes, to read:
  155         11.90 Legislative Budget Commission.—
  156         (8)The commission may convene to transfer unappropriated
  157  surplus funds to the Emergency Preparedness and Response Fund.
  158         Section 2. Section 252.311, Florida Statutes, is amended to
  159  read:
  160         252.311 Legislative intent.—
  161         (1) The Legislature finds and declares that the state is
  162  vulnerable to a wide range of emergencies, including natural,
  163  technological, and manmade disasters, all of which threaten the
  164  life, health, and safety of its people; damage and destroy
  165  property; disrupt services and everyday business and
  166  recreational activities; and impede economic growth and
  167  development. The Legislature further finds that this
  168  vulnerability is exacerbated by the tremendous growth in the
  169  state’s population, especially the growth in the number of
  170  persons residing in coastal areas, in the elderly population, in
  171  the number of seasonal vacationers, and in the number of persons
  172  with special needs. This growth has greatly complicated the
  173  state’s ability to coordinate its emergency management resources
  174  and activities.
  175         (2) It is the intent of the Legislature to reduce the
  176  vulnerability of the people and property of this state; to
  177  prepare for efficient evacuation and shelter of threatened or
  178  affected persons; to provide for the rapid and orderly provision
  179  of relief to persons and for the restoration of services and
  180  property; to prepare for and efficiently respond to public
  181  health emergencies; and to provide for the coordination of
  182  activities relating to emergency preparedness, response,
  183  recovery, and mitigation among and between agencies and
  184  officials of this state, with similar agencies and officials of
  185  other states, with local and federal governments, with
  186  interstate organizations, and with the private sector.
  187         (3) It is further the intent of the Legislature to promote
  188  the state’s emergency preparedness, response, recovery, and
  189  mitigation capabilities through enhanced coordination, long-term
  190  planning, and adequate funding. State policy for responding to
  191  disasters is to support local emergency response efforts. In the
  192  case of a major or catastrophic disaster, however, the needs of
  193  residents and communities will likely be greater than local
  194  resources. In these situations, the state must be capable of
  195  providing effective, coordinated, and timely support to
  196  communities and the public. Therefore, the Legislature hereby
  197  determines and declares that the provisions of this act fulfill
  198  an important state interest.
  199         (4)It is further the intent of the Legislature to minimize
  200  the negative effects of an extended emergency, such as a
  201  pandemic or another public health emergency. The Legislature
  202  recognizes that there are significant negative impacts on
  203  children and families associated with school closures during a
  204  public health emergency such as the COVID-19 pandemic. The
  205  Legislature also recognizes the significant negative impacts of
  206  such emergencies on the economy due to business closures.
  207         (5) It is further the intent of the Legislature that all
  208  aspects of emergency preparedness, response, and recovery be
  209  made transparent to the public to the greatest extent possible.
  210         Section 3. Present subsections (9) and (10) of section
  211  252.34, Florida Statutes, are redesignated as subsections (10)
  212  and (12), respectively, and new subsection (9) and subsection
  213  (11) are added to that section, to read:
  214         252.34 Definitions.—As used in this part, the term:
  215         (9)“Personal protective equipment” means protective
  216  clothing or equipment designed to protect an individual person
  217  from injury or the spread of infection.
  218         (11)“Public health emergency” means any occurrence, or
  219  threat thereof, whether natural or manmade, which results or may
  220  result in substantial injury or harm to the public health from
  221  infectious disease, chemical agents, nuclear agents, biological
  222  toxins, or situations involving mass casualties or natural
  223  disasters, declared as a public health emergency as declared by
  224  the State Health Officer.
  225         Section 4. Subsection (2) of section 252.35, Florida
  226  Statutes, is amended to read:
  227         252.35 Emergency management powers; Division of Emergency
  228  Management.—
  229         (2) The division is responsible for carrying out the
  230  provisions of ss. 252.31-252.90. In performing its duties, the
  231  division shall:
  232         (a) Prepare a state comprehensive emergency management
  233  plan, which shall be integrated into and coordinated with the
  234  emergency management plans and programs of the Federal
  235  Government. The division shall must adopt the plan as a rule in
  236  accordance with chapter 120. The plan must shall be implemented
  237  by a continuous, integrated comprehensive emergency management
  238  program. The plan must contain provisions to ensure that the
  239  state is prepared for emergencies and minor, major, and
  240  catastrophic disasters, and the division shall work closely with
  241  local governments and agencies and organizations with emergency
  242  management responsibilities in preparing and maintaining the
  243  plan. The state comprehensive emergency management plan must
  244  shall be operations oriented and:
  245         1. Include an evacuation component that includes specific
  246  regional and interregional planning provisions and promotes
  247  intergovernmental coordination of evacuation activities. This
  248  component must, at a minimum: contain guidelines for lifting
  249  tolls on state highways; ensure coordination pertaining to
  250  evacuees crossing county lines; set forth procedures for
  251  directing people caught on evacuation routes to safe shelter;
  252  establish strategies for ensuring sufficient, reasonably priced
  253  fueling locations along evacuation routes; and establish
  254  policies and strategies for emergency medical evacuations.
  255         2. Include a shelter component that includes specific
  256  regional and interregional planning provisions and promotes
  257  coordination of shelter activities between the public, private,
  258  and nonprofit sectors. This component must, at a minimum:
  259  contain strategies to ensure the availability of adequate public
  260  shelter space in each region of the state; establish strategies
  261  for refuge-of-last-resort programs; provide strategies to assist
  262  local emergency management efforts to ensure that adequate
  263  staffing plans exist for all shelters, including medical and
  264  security personnel; provide for a postdisaster communications
  265  system for public shelters; establish model shelter guidelines
  266  for operations, registration, inventory, power generation
  267  capability, information management, and staffing; and set forth
  268  policy guidance for sheltering people with special needs.
  269         3. Include a postdisaster response and recovery component
  270  that includes specific regional and interregional planning
  271  provisions and promotes intergovernmental coordination of
  272  postdisaster response and recovery activities. This component
  273  must provide for postdisaster response and recovery strategies
  274  according to whether a disaster is minor, major, or
  275  catastrophic. The postdisaster response and recovery component
  276  must, at a minimum: establish the structure of the state’s
  277  postdisaster response and recovery organization; establish
  278  procedures for activating the state’s plan; set forth policies
  279  used to guide postdisaster response and recovery activities;
  280  describe the chain of command during the postdisaster response
  281  and recovery period; describe initial and continuous
  282  postdisaster response and recovery actions; identify the roles
  283  and responsibilities of each involved agency and organization;
  284  provide for a comprehensive communications plan; establish
  285  procedures for monitoring mutual aid agreements; provide for
  286  rapid impact assessment teams; ensure the availability of an
  287  effective statewide urban search and rescue program coordinated
  288  with the fire services; ensure the existence of a comprehensive
  289  statewide medical care and relief plan administered by the
  290  Department of Health; and establish systems for coordinating
  291  volunteers and accepting and distributing donated funds and
  292  goods.
  293         4. Include additional provisions addressing aspects of
  294  preparedness, response, recovery, and mitigation as determined
  295  necessary by the division.
  296         5. Address the need for coordinated and expeditious
  297  deployment of state resources, including the Florida National
  298  Guard. In the case of an imminent major disaster, procedures
  299  should address predeployment of the Florida National Guard, and,
  300  in the case of an imminent catastrophic disaster, procedures
  301  should address predeployment of the Florida National Guard and
  302  the United States Armed Forces.
  303         6. Establish a system of communications and warning to
  304  ensure that the state’s population and emergency management
  305  agencies are warned of developing emergency situations,
  306  including public health emergencies, and can communicate
  307  emergency response decisions.
  308         7. Establish guidelines and schedules for annual exercises
  309  that evaluate the ability of the state and its political
  310  subdivisions to respond to minor, major, and catastrophic
  311  disasters and support local emergency management agencies. Such
  312  exercises shall be coordinated with local governments and, to
  313  the extent possible, the Federal Government.
  314         8. Assign lead and support responsibilities to state
  315  agencies and personnel for emergency support functions and other
  316  support activities.
  317         9.Include the public health emergency plan developed by
  318  the Department of Health pursuant to s. 381.00315.
  320  The complete state comprehensive emergency management plan must
  321  shall be submitted to the President of the Senate, the Speaker
  322  of the House of Representatives, and the Governor on February 1
  323  of every even-numbered year.
  324         (b) Adopt standards and requirements for county emergency
  325  management plans. The standards and requirements must ensure
  326  that county plans are coordinated and consistent with the state
  327  comprehensive emergency management plan. If a municipality
  328  elects to establish an emergency management program, it must
  329  adopt a city emergency management plan that complies with all
  330  standards and requirements applicable to county emergency
  331  management plans.
  332         (c) Assist political subdivisions in preparing and
  333  maintaining emergency management plans.
  334         (d) Review periodically political subdivision emergency
  335  management plans for consistency with the state comprehensive
  336  emergency management plan and standards and requirements adopted
  337  under this section.
  338         (e) Cooperate with the President, the heads of the Armed
  339  Forces, the various federal emergency management agencies,
  340  federal or state health agencies, and the officers and agencies
  341  of other states in matters pertaining to emergency management in
  342  the state and the nation and incidents thereof and, in
  343  connection therewith, take any measures that it deems proper to
  344  carry into effect any request of the President and the
  345  appropriate federal officers and agencies for any emergency
  346  management action, including the direction or control of:
  347         1. Emergency management drills, tests, or exercises of
  348  whatever nature.
  349         2. Warnings and signals for tests and drills, attacks, or
  350  other imminent emergencies or threats thereof and the mechanical
  351  devices to be used in connection with such warnings and signals.
  352         (f) Make recommendations to the Legislature, building code
  353  organizations, and political subdivisions for zoning, building,
  354  and other land use controls; safety measures for securing mobile
  355  homes or other nonpermanent or semipermanent structures; and
  356  other preparedness, prevention, and mitigation measures designed
  357  to eliminate emergencies or reduce their impact.
  358         (g) In accordance with the state comprehensive emergency
  359  management plan and program for emergency management, ascertain
  360  the requirements of the state and its political subdivisions for
  361  equipment and supplies of all kinds in the event of an
  362  emergency; plan for and either procure supplies, medicines,
  363  materials, and equipment or enter into memoranda of agreement or
  364  open purchase orders that will ensure their availability; and
  365  use and employ from time to time any of the property, services,
  366  and resources within the state in accordance with ss. 252.31
  367  252.90.
  368         (h) Anticipate trends and promote innovations that will
  369  enhance the emergency management system.
  370         (i) Institute statewide public awareness programs,
  371  including. This shall include an intensive public educational
  372  campaign on emergency preparedness issues. Such programs must
  373  include, including, but need not be limited to, the personal
  374  responsibility of individual residents citizens to be self
  375  sufficient for up to 72 hours following a natural or manmade
  376  disaster or a public health emergency. The public educational
  377  campaign must shall include relevant information on public
  378  health emergency mitigation, statewide disaster plans,
  379  evacuation routes, fuel suppliers, and shelters. All educational
  380  materials must be available in alternative formats and mediums
  381  to ensure that they are available to persons with disabilities.
  382         (j) In cooperation with the Department of Education,
  383  coordinate with the Agency for Persons with Disabilities to
  384  provide an educational outreach program on disaster preparedness
  385  and readiness to individuals who have limited English skills and
  386  identify persons who are in need of assistance but are not
  387  defined under special-needs criteria.
  388         (k) Prepare and distribute to appropriate state and local
  389  officials catalogs of federal, state, and private assistance
  390  programs.
  391         (l) Coordinate federal, state, and local emergency
  392  management activities and take all other steps, including the
  393  partial or full mobilization of emergency management forces and
  394  organizations in advance of an actual emergency, to ensure the
  395  availability of adequately trained and equipped forces of
  396  emergency management personnel before, during, and after
  397  emergencies and disasters.
  398         (m) Establish a schedule of fees that may be charged by
  399  local emergency management agencies for review of emergency
  400  management plans on behalf of external agencies and
  401  institutions. In establishing such schedule, the division shall
  402  consider facility size, review complexity, and other factors.
  403         (n) Implement training programs to improve the ability of
  404  state and local emergency management personnel to prepare and
  405  implement emergency management plans and programs. This shall
  406  include a continuous training program for agencies and
  407  individuals that will be called on to perform key roles in state
  408  and local postdisaster response and recovery efforts and for
  409  local government personnel on federal and state postdisaster
  410  response and recovery strategies and procedures.
  411         (o) Review periodically emergency operating procedures of
  412  state agencies and recommend revisions as needed to ensure
  413  consistency with the state comprehensive emergency management
  414  plan and program.
  415         (p) Make such surveys of industries, resources, and
  416  facilities within the state, both public and private, as are
  417  necessary to carry out the purposes of ss. 252.31-252.90.
  418         (q) Prepare, in advance whenever possible, such executive
  419  orders, proclamations, and rules for issuance by the Governor as
  420  are necessary or appropriate for coping with emergencies and
  421  disasters.
  422         (r) Cooperate with the Federal Government and any public or
  423  private agency or entity in achieving any purpose of ss. 252.31
  424  252.90 and in implementing programs for mitigation, preparation,
  425  response, and recovery.
  426         (s) Complete an inventory of portable generators owned by
  427  the state and local governments which are capable of operating
  428  during a major disaster. The inventory must identify, at a
  429  minimum, the location of each generator, the number of
  430  generators stored at each specific location, the agency to which
  431  each generator belongs, the primary use of the generator by the
  432  owner agency, and the names, addresses, and telephone numbers of
  433  persons having the authority to loan the stored generators as
  434  authorized by the division during a declared emergency.
  435         (t) Maintain an inventory list of generators owned by the
  436  state and local governments. In addition, the division may keep
  437  a list of private entities, along with appropriate contact
  438  information, which offer generators for sale or lease. The list
  439  of private entities shall be available to the public for
  440  inspection in written and electronic formats.
  441         (u) Acquire and maintain a supply of personal protective
  442  equipment owned by the state for use by state agencies and to
  443  assist local government and the private sector, when determined
  444  to be necessary by the State Coordinating Officer, in meeting
  445  safety needs during a declared emergency. The division shall
  446  conduct regular inventories of the supply, which must include
  447  projections of the need for additional personal protective
  448  equipment, as assessed by each governmental agency, to maintain
  449  the supply and replace expired items. The division shall
  450  maintain and replace the equipment on a standardized schedule
  451  that recognizes equipment expiration and obsolescence. This
  452  paragraph is subject to appropriation. The initial inventory
  453  must be reported by December 31, 2021, to the Governor, the
  454  President of the Senate, the Speaker of the House of
  455  Representatives, and the Chief Justice of the Supreme Court and,
  456  thereafter, the inventory must be reported by each December 31
  457  to those officers.
  458         (v) Assist political subdivisions with the creation and
  459  training of urban search and rescue teams and promote the
  460  development and maintenance of a state urban search and rescue
  461  program.
  462         (w)(v) Delegate, as necessary and appropriate, authority
  463  vested in it under ss. 252.31-252.90 and provide for the
  464  subdelegation of such authority. The duration of each such
  465  delegation or subdelegation during an emergency may not exceed
  466  60 days; however a delegation or subdelegation may be renewed
  467  during the emergency, as necessary.
  468         (x)(w) Report biennially to the President of the Senate,
  469  the Speaker of the House of Representatives, the Chief Justice
  470  of the Supreme Court, and the Governor, no later than February 1
  471  of every odd-numbered year, the status of the emergency
  472  management capabilities of the state and its political
  473  subdivisions. This report must include the emergency management
  474  capabilities related to public health emergencies, as determined
  475  in collaboration with the Department of Health.
  476         (y)(x) In accordance with chapter 120, create, implement,
  477  administer, adopt, amend, and rescind rules, programs, and plans
  478  needed to carry out the provisions of ss. 252.31-252.90 with due
  479  consideration for, and in cooperating with, the plans and
  480  programs of the Federal Government. In addition, the division
  481  may adopt rules in accordance with chapter 120 to administer and
  482  distribute federal financial predisaster and postdisaster
  483  assistance for prevention, mitigation, preparedness, response,
  484  and recovery.
  485         (z)(y) Do other things necessary, incidental, or
  486  appropriate for the implementation of ss. 252.31-252.90.
  487         Section 5. Subsection (2) of section 252.355, Florida
  488  Statutes, is amended to read:
  489         252.355 Registry of persons with special needs; notice;
  490  registration program.—
  491         (2) In order to ensure that all persons with special needs
  492  may register, the division shall develop and maintain a special
  493  needs shelter registration program. During a public health
  494  emergency in which physical distancing is necessary, as
  495  determined by the State Health Officer, the division must
  496  maintain information on special needs shelter options that
  497  mitigate the threat of the spread of infectious diseases The
  498  registration program must be developed by January 1, 2015, and
  499  fully implemented by March 1, 2015.
  500         (a) The registration program shall include, at a minimum, a
  501  uniform electronic registration form and a database for
  502  uploading and storing submitted registration forms that may be
  503  accessed by the appropriate local emergency management agency.
  504  The link to the registration form shall be easily accessible on
  505  each local emergency management agency’s website. Upon receipt
  506  of a paper registration form, the local emergency management
  507  agency shall enter the person’s registration information into
  508  the database.
  509         (b) To assist in identifying persons with special needs,
  510  home health agencies, hospices, nurse registries, home medical
  511  equipment providers, the Department of Children and Families,
  512  the Department of Health, the Agency for Health Care
  513  Administration, the Department of Education, the Agency for
  514  Persons with Disabilities, the Department of Elderly Affairs,
  515  and memory disorder clinics shall, and any physician licensed
  516  under chapter 458 or chapter 459 and any pharmacy licensed under
  517  chapter 465 may, annually provide registration information to
  518  all of their special needs clients or their caregivers. The
  519  division shall develop a brochure that provides information
  520  regarding special needs shelter registration procedures. The
  521  brochure must be easily accessible on the division’s website.
  522  All appropriate agencies and community-based service providers,
  523  including aging and disability resource centers, memory disorder
  524  clinics, home health care providers, hospices, nurse registries,
  525  and home medical equipment providers, shall, and any physician
  526  licensed under chapter 458 or chapter 459 may, assist emergency
  527  management agencies by annually registering persons with special
  528  needs for special needs shelters, collecting registration
  529  information for persons with special needs as part of the
  530  program intake process, and establishing programs to educate
  531  clients about the registration process and disaster preparedness
  532  safety procedures. A client of a state-funded or federally
  533  funded service program who has a physical, mental, or cognitive
  534  impairment or sensory disability and who needs assistance in
  535  evacuating, or when in a shelter, must register as a person with
  536  special needs. The registration program shall give persons with
  537  special needs the option of preauthorizing emergency response
  538  personnel to enter their homes during search and rescue
  539  operations if necessary to ensure their safety and welfare
  540  following disasters.
  541         (c) The division shall be the designated lead agency
  542  responsible for community education and outreach to the public,
  543  including special needs clients, regarding registration and
  544  special needs shelters and general information regarding shelter
  545  stays.
  546         (d) On or before May 31 of each year, each electric utility
  547  in the state shall annually notify residential customers in its
  548  service area of the availability of the registration program
  549  available through their local emergency management agency by:
  550         1. An initial notification upon the activation of new
  551  residential service with the electric utility, followed by one
  552  annual notification between January 1 and May 31; or
  553         2. Two separate annual notifications between January 1 and
  554  May 31.
  556  The notification may be made by any available means, including,
  557  but not limited to, written, electronic, or verbal notification,
  558  and may be made concurrently with any other notification to
  559  residential customers required by law or rule.
  560         Section 6. Subsection (5) of section 252.356, Florida
  561  Statutes, is amended to read:
  562         252.356 Emergency and disaster planning provisions to
  563  assist persons with disabilities or limitations.—State agencies
  564  that contract with providers for the care of persons with
  565  disabilities or limitations that make such persons dependent
  566  upon the care of others shall include emergency and disaster
  567  planning provisions in such contracts at the time the contracts
  568  are initiated or upon renewal. These provisions shall include,
  569  but shall not be limited to:
  570         (5) A procedure for providing the essential services the
  571  organization currently provides to special needs clients in
  572  preparation for, and during, and following, a disaster,
  573  including, but not limited to, a public health emergency.
  574         Section 7. Subsection (2) of section 252.359, Florida
  575  Statutes, is amended to read:
  576         252.359 Ensuring availability of emergency supplies.—
  577         (2) As used in this section, the term “essentials” means
  578  goods that are consumed or used as a direct result of a declared
  579  emergency, or that are consumed or used to preserve, protect, or
  580  sustain life, health, safety, or economic well-being. The term
  581  includes, but is not limited to, personal protective equipment
  582  used in the event of a public health emergency.
  583         Section 8. Present subsections (3) through (10) of section
  584  252.36, Florida Statutes, are redesignated as subsections (4)
  585  through (11), respectively, a new subsection (3) is added to
  586  that section, and subsections (1) and (2) and paragraph (c) of
  587  present subsection (5) of that section are amended, to read:
  588         252.36 Emergency management powers of the Governor.—
  589         (1)(a) The Governor is responsible for meeting the dangers
  590  presented to this state and its people by emergencies. In the
  591  event of an emergency beyond local control, the Governor, or, in
  592  the Governor’s absence, her or his successor as provided by law,
  593  may assume direct operational control over all or any part of
  594  the emergency management functions within this state, and she or
  595  he shall have the power through proper process of law to carry
  596  out the provisions of this section. The Governor is authorized
  597  to delegate such powers as she or he may deem prudent.
  598         (b) Pursuant to the authority vested in her or him under
  599  paragraph (a), the Governor may issue executive orders,
  600  proclamations, and rules and may amend or rescind them. Such
  601  executive orders, proclamations, and rules shall have the force
  602  and effect of law. An executive order, a proclamation, or a rule
  603  must be limited to a duration of not more than 60 days and may
  604  be renewed as necessary during the duration of the emergency. If
  605  renewed, the order, proclamation, or rule must specifically
  606  state which provisions are being renewed.
  607         (c)The Legislature intends that, during an extended public
  608  health emergency, such as the COVID-19 pandemic, there should be
  609  a presumption that K-12 public schools, to the greatest extent
  610  possible, should remain open so long as the health and safety of
  611  students and school personnel can be maintained by specific
  612  public health mitigation strategies recommended by federal or
  613  state health agencies for educational settings. The Legislature
  614  also intends that during such an event, there be a presumption
  615  that businesses should remain open to the greatest extent
  616  possible so long as the health and safety of employees and
  617  customers can be reasonably protected by specific public health
  618  mitigation strategies recommended by federal or state health
  619  agencies, including, but not limited, to the Occupational Safety
  620  and Health Administration.
  621         1. If the Governor declares by executive order or
  622  proclamation that the emergency requires closure of or
  623  restricted in-person attendance at K-12 public schools, the
  624  executive order or proclamation must contain specific reasons
  625  for those determinations, and he or she must review and reassess
  626  the situation regularly.
  627         2. If the Governor declares by executive order or
  628  proclamation that the emergency requires businesses to restrict
  629  their operations or close, the executive order or proclamation
  630  must contain specific reasons for those determinations, and he
  631  or she must review and reassess the situation regularly.
  632         (2) A state of emergency must shall be declared by
  633  executive order or proclamation of the Governor if she or he
  634  finds an emergency has occurred or that the occurrence or the
  635  threat thereof is imminent. The state of emergency must shall
  636  continue until the Governor finds that the threat or danger has
  637  been dealt with to the extent that the emergency conditions no
  638  longer exist and she or he terminates the state of emergency by
  639  executive order or proclamation, but no state of emergency may
  640  continue for longer than 60 days unless renewed by the Governor.
  641  The Legislature by concurrent resolution may terminate a state
  642  of emergency at any time. Thereupon, the Governor shall issue an
  643  executive order or proclamation ending the state of emergency.
  644  All executive orders or proclamations issued under this section
  645  must shall indicate the nature of the emergency, the area or
  646  areas threatened, and the conditions which have brought the
  647  emergency about or which make possible its termination. An
  648  executive order or proclamation must shall be promptly
  649  disseminated by means calculated to bring its contents to the
  650  attention of the general public; and, unless the circumstances
  651  attendant upon the emergency prevent or impede such filing, the
  652  order or proclamation must shall be filed promptly with the
  653  Department of State, the President of the Senate and the Speaker
  654  of the House of Representatives, and in the offices of the
  655  county commissioners in the counties to which the order or
  656  proclamation applies.
  657         (3)(a) At any time, the Legislature, by concurrent
  658  resolution, may terminate a state of emergency or any specific
  659  order thereunder. Upon such concurrent resolution, the Governor
  660  shall issue an executive order or proclamation consistent with
  661  the concurrent resolution.
  662         (b) Notwithstanding s. 252.46(2), all emergency
  663  declarations and orders, regardless of how titled, issued under
  664  the authority of this part by the Governor or any agency,
  665  whether by direct, delegated, or subdelegated authority, before,
  666  during, or after a declared emergency, must be immediately filed
  667  with the Division of Administrative Hearings. Failure to file
  668  any such declaration or order with the division within 5 days
  669  after issuance voids the declaration or order. The division
  670  shall index all such declarations and orders and make them
  671  available in searchable format on its website within 3 days of
  672  filing. The searchable format must include, but is not limited
  673  to, searches by term, referenced statutes, and rules and must
  674  include a search category that specifically identifies emergency
  675  orders in effect at any given time. A link to the division’s
  676  index must be placed in a conspicuous location on the Division
  677  of Emergency Management’s website. This subsection applies
  678  retroactively to all executive emergency declarations and orders
  679  in effect on July 1, 2021.
  680         (6)(5) In addition to any other powers conferred upon the
  681  Governor by law, she or he may:
  682         (c) Transfer the direction, personnel, or functions of
  683  state departments and agencies or units thereof for the purpose
  684  of performing or facilitating emergency services. The transfer
  685  of the direction, personnel, or functions of state departments
  686  and agencies must be reported monthly on a cumulative basis to
  687  the President of the Senate and the Speaker of the House of
  688  Representatives.
  689         Section 9. Section 252.3611, Florida Statutes, is created
  690  to read:
  691         252.3611Transparency; audits.—
  692         (1)Each order, proclamation, or rule issued by the
  693  Governor, the division, or any agency must specify the statute
  694  or rule being amended or waived, if applicable, and the
  695  expiration date for the order, proclamation, or rule.
  696         (2)When the duration of an emergency exceeds 90 days:
  697         (a)Within 72 hours of executing a contract executed with
  698  moneys authorized for expenditure to support the response to the
  699  declared state of emergency, the Executive Office of the
  700  Governor or the appropriate agency shall submit a copy of such
  701  contract to the Legislature. For contracts executed during the
  702  first 90 days of the emergency, the Executive Office of the
  703  Governor or the appropriate agency shall submit a copy to the
  704  Legislature within the first 120 days of the declared emergency.
  705         (b)The Executive Office of the Governor or the appropriate
  706  agency shall submit monthly reports to the Legislature of all
  707  state expenditures, revenues received, and funds transferred by
  708  an agency during the previous month to support the declared
  709  state of emergency.
  710         (3)Once an emergency exceeds 1 year, the Auditor General
  711  shall conduct a financial audit of all associated expenditures
  712  and a compliance audit of all associated contracts entered into
  713  during the declared emergency. The Auditor General must update
  714  the audit annually until the emergency is declared to be ended.
  715         (4)Following the expiration or termination of a state of
  716  emergency, the Auditor General shall conduct a financial audit
  717  of all associated expenditures and a compliance audit of all
  718  associated contracts entered into during the state of emergency.
  719         Section 10. Subsection (3) of section 252.365, Florida
  720  Statutes, is amended to read:
  721         252.365 Emergency coordination officers; disaster
  722  preparedness plans.—
  723         (3) Emergency coordination officers shall ensure These
  724  individuals shall be responsible for ensuring that each state
  725  agency and facility, such as a prison, office building, or
  726  university, has a disaster preparedness plan that is coordinated
  727  with the applicable local emergency-management agency and
  728  approved by the division.
  729         (a) The disaster-preparedness plan must outline a
  730  comprehensive and effective program to ensure continuity of
  731  essential state functions under all circumstances, including,
  732  but not limited to, a pandemic or other public health emergency.
  733  The plan must identify a baseline of preparedness for a full
  734  range of potential emergencies to establish a viable capability
  735  to perform essential functions during any emergency or other
  736  situation that disrupts normal operations. This baseline must
  737  consider and include preparedness for rapid and large-scale
  738  increases in the public’s need to access government services
  739  through technology or other means during an emergency,
  740  including, but not limited to, a public health emergency.
  741         (b) The plan must include, at a minimum, the following
  742  elements: identification of essential functions, programs, and
  743  personnel; procedures to implement the plan and personnel
  744  notification and accountability; delegations of authority and
  745  lines of succession; identification of alternative facilities
  746  and related infrastructure, including those for communications;
  747  identification and protection of vital records and databases;
  748  provisions regarding the availability of, and distribution plans
  749  for, personal protective equipment; and schedules and procedures
  750  for periodic tests, training, and exercises.
  751         (c) The division shall develop and distribute guidelines
  752  for developing and implementing the plan. By December 31, 2022,
  753  each agency must update its plan to include provisions related
  754  to preparation for pandemics and other public health emergencies
  755  consistent with the plan developed pursuant to s. 381.00315.
  756  Each agency plan must be updated as needed to remain consistent
  757  with the state public health emergency management plan.
  758         Section 11. Subsection (3) of section 252.37, Florida
  759  Statutes, is amended, subsections (7) and (8) are added to that
  760  section, and subsection (2) of that section is amended
  761  contingent upon SB 1892 or similar legislation creating the
  762  Emergency Preparedness and Response Fund taking effect, to read:
  763         252.37 Financing.—
  764         (2)(a) It is the legislative intent that the first recourse
  765  be made to funds specifically regularly appropriated to state
  766  and local agencies for disaster relief or response.
  767         (b) If the Governor finds that the demands placed upon
  768  these funds in coping with a particular disaster declared by the
  769  Governor as a state of emergency are unreasonably great, she or
  770  he may make funds available by transferring and expending moneys
  771  appropriated for other purposes, by transferring and expending
  772  moneys out of any unappropriated surplus funds, or from the
  773  Emergency Preparedness and Response Budget Stabilization Fund.
  774  The Governor may request additional funds to be appropriated to
  775  the Emergency Preparedness and Response Fund by a budget
  776  amendment, subject to approval of the Legislative Budget
  777  Commission.
  778         (c) Following the expiration or termination of the state of
  779  emergency, the Governor may transfer moneys with a budget
  780  amendment, subject to approval by the Legislative Budget
  781  Commission, to satisfy the budget authority granted for such
  782  emergency. The transfers and expenditures supporting the
  783  amendment must be directly related to the declared disaster or
  784  emergency.
  785         (3) Nothing contained in this section shall be construed to
  786  limit the authority of the Governor to apply for, administer,
  787  and expend any grants, gifts, or payments in aid of emergency
  788  prevention, mitigation, preparedness, response, or recovery.
  789         (7)A state agency must submit a detailed spending plan for
  790  any grants, gifts, loans, funds, payments, services, equipment,
  791  supplies, or materials received under this section in aid of or
  792  for the purpose of emergency prevention, response, recovery,
  793  mitigation, and preparedness to the President of the Senate, the
  794  Speaker of the House of Representatives, and the chairs of the
  795  legislative appropriations committees. The information must be
  796  submitted as soon as practicable, but not later than 30 days
  797  after initiation of any expenditures and continuing every 30
  798  days for the duration of the emergency and thereafter while
  799  funds continue to be disbursed in response to the emergency.
  800         (8) The division must submit quarterly reports to the
  801  President of the Senate, the Speaker of the House of
  802  Representatives, and the chairs of the legislative
  803  appropriations committees detailing the status of public
  804  assistance requests submitted under the federal Public
  805  Assistance Program. The report must include information for each
  806  agency and local government, including information on requests
  807  by event and the status of reimbursement.
  808         Section 12. Section 252.38, Florida Statutes, is amended to
  809  read:
  810         252.38 Emergency management powers of political
  811  subdivisions.—Safeguarding the life and property of its citizens
  812  is an innate responsibility of the governing body of each
  813  political subdivision of the state. However, political
  814  subdivisions are given police powers to preserve, not impair,
  815  private rights. Therefore, a political subdivision that deprives
  816  any person of a constitutional right, a fundamental liberty, a
  817  statutory right, or property to address a purported emergency
  818  bears the burden of proving that the exercise of police power is
  819  narrowly tailored, serves a compelling governmental interest,
  820  and accomplishes the intended goal through the use of the least
  821  intrusive means.
  822         (1) COUNTIES.—
  823         (a) In order to provide effective and orderly governmental
  824  control and coordination of emergency operations in emergencies
  825  within the scope of ss. 252.31-252.90, each county within this
  826  state shall be within the jurisdiction of, and served by, the
  827  division. Except as otherwise provided in ss. 252.31-252.90,
  828  each local emergency management agency shall have jurisdiction
  829  over and serve an entire county. Unless part of an
  830  interjurisdictional emergency management agreement entered into
  831  pursuant to paragraph (3)(b) which is recognized by the Governor
  832  by executive order or rule, each county must establish and
  833  maintain such an emergency management agency and shall develop a
  834  county emergency management plan and program that is coordinated
  835  and consistent with the state comprehensive emergency management
  836  plan and program. Counties that are part of an
  837  interjurisdictional emergency management agreement entered into
  838  pursuant to paragraph (3)(b) which is recognized by the Governor
  839  by executive order or rule shall cooperatively develop an
  840  emergency management plan and program that is coordinated and
  841  consistent with the state comprehensive emergency management
  842  plan and program.
  843         (b) Each county emergency management agency created and
  844  established pursuant to ss. 252.31-252.90 shall have a director.
  845  The director must meet the minimum training and education
  846  qualifications established in a job description approved by the
  847  county. The director shall be appointed by the board of county
  848  commissioners or the chief administrative officer of the county,
  849  as described in chapter 125 or the county charter, if
  850  applicable, to serve at the pleasure of the appointing
  851  authority, in conformance with applicable resolutions,
  852  ordinances, and laws. A county constitutional officer, or an
  853  employee of a county constitutional officer, may be appointed as
  854  director following prior notification to the division. Each
  855  board of county commissioners shall promptly inform the division
  856  of the appointment of the director and other personnel. Each
  857  director has direct responsibility for the organization,
  858  administration, and operation of the county emergency management
  859  agency. The director shall coordinate emergency management
  860  activities, services, and programs within the county and shall
  861  serve as liaison to the division and other local emergency
  862  management agencies and organizations.
  863         (c) Each county emergency management agency shall perform
  864  emergency management functions within the territorial limits of
  865  the county within which it is organized and, in addition, shall
  866  conduct such activities outside its territorial limits as are
  867  required pursuant to ss. 252.31-252.90 and in accordance with
  868  state and county emergency management plans and mutual aid
  869  agreements. Counties shall serve as liaison for and coordinator
  870  of municipalities’ requests for state and federal assistance
  871  during postdisaster emergency operations.
  872         (d) During a declared state or local emergency and upon the
  873  request of the director of a local emergency management agency,
  874  the district school board or school boards in the affected area
  875  shall participate in emergency management by providing
  876  facilities and necessary personnel to staff such facilities.
  877  Each school board providing transportation assistance in an
  878  emergency evacuation shall coordinate the use of its vehicles
  879  and personnel with the local emergency management agency.
  880         (e) County emergency management agencies may charge and
  881  collect fees for the review of emergency management plans on
  882  behalf of external agencies and institutions. Fees must be
  883  reasonable and may not exceed the cost of providing a review of
  884  emergency management plans in accordance with fee schedules
  885  established by the division.
  886         (2) MUNICIPALITIES.—Legally constituted municipalities are
  887  authorized and encouraged to create municipal emergency
  888  management programs. Municipal emergency management programs
  889  shall coordinate their activities with those of the county
  890  emergency management agency. Municipalities without emergency
  891  management programs shall be served by their respective county
  892  agencies. If a municipality elects to establish an emergency
  893  management program, it must comply with all laws, rules, and
  894  requirements applicable to county emergency management agencies.
  895  Each municipal emergency management plan must be consistent with
  896  and subject to the applicable county emergency management plan.
  897  In addition, each municipality must coordinate requests for
  898  state or federal emergency response assistance with its county.
  899  This requirement does not apply to requests for reimbursement
  900  under federal public disaster assistance programs.
  902         (a) In carrying out the provisions of ss. 252.31-252.90,
  903  each political subdivision shall have the power and authority:
  904         1. To appropriate and expend funds; make contracts; obtain
  905  and distribute equipment, materials, and supplies for emergency
  906  management purposes; provide for the health and safety of
  907  persons and property, including emergency assistance to the
  908  victims of any emergency; and direct and coordinate the
  909  development of emergency management plans and programs in
  910  accordance with the policies and plans set by the federal and
  911  state emergency management agencies.
  912         2. To appoint, employ, remove, or provide, with or without
  913  compensation, coordinators, rescue teams, fire and police
  914  personnel, and other emergency management workers.
  915         3. To establish, as necessary, a primary and one or more
  916  secondary emergency operating centers to provide continuity of
  917  government and direction and control of emergency operations.
  918         4. To assign and make available for duty the offices and
  919  agencies of the political subdivision, including the employees,
  920  property, or equipment thereof relating to firefighting,
  921  engineering, rescue, health, medical and related services,
  922  police, transportation, construction, and similar items or
  923  services for emergency operation purposes, as the primary
  924  emergency management forces of the political subdivision for
  925  employment within or outside the political limits of the
  926  subdivision.
  927         5. To request state assistance or invoke emergency-related
  928  mutual-aid assistance by declaring a state of local emergency in
  929  the event of an emergency affecting only one political
  930  subdivision. The duration of each state of emergency declared
  931  locally is limited to 7 days; it may be extended, as necessary,
  932  in 7-day increments. Further, the political subdivision has the
  933  power and authority to waive the procedures and formalities
  934  otherwise required of the political subdivision by law
  935  pertaining to:
  936         a. Performance of public work and taking whatever prudent
  937  action is necessary to ensure the health, safety, and welfare of
  938  the community.
  939         b. Entering into contracts.
  940         c. Incurring obligations.
  941         d. Employment of permanent and temporary workers.
  942         e. Utilization of volunteer workers.
  943         f. Rental of equipment.
  944         g. Acquisition and distribution, with or without
  945  compensation, of supplies, materials, and facilities.
  946         h. Appropriation and expenditure of public funds.
  947         (b) Upon the request of two or more adjoining counties, or
  948  if the Governor finds that two or more adjoining counties would
  949  be better served by an interjurisdictional arrangement than by
  950  maintaining separate emergency management agencies and services,
  951  the Governor may delineate by executive order or rule an
  952  interjurisdictional area adequate to plan for, prevent,
  953  mitigate, or respond to emergencies in such area and may direct
  954  steps to be taken as necessary, including the creation of an
  955  interjurisdictional relationship, a joint emergency plan, a
  956  provision for mutual aid, or an area organization for emergency
  957  planning and services. A finding of the Governor pursuant to
  958  this paragraph shall be based on one or more factors related to
  959  the difficulty of maintaining an efficient and effective
  960  emergency prevention, mitigation, preparedness, response, and
  961  recovery system on a unijurisdictional basis, such as:
  962         1. Small or sparse population.
  963         2. Limitations on public financial resources severe enough
  964  to make maintenance of a separate emergency management agency
  965  and services unreasonably burdensome.
  966         3. Unusual vulnerability to emergencies as evidenced by a
  967  past history of emergencies, topographical features, drainage
  968  characteristics, emergency potential, and presence of emergency
  969  prone facilities or operations.
  970         4. The interrelated character of the counties in a
  971  multicounty area.
  972         5. Other relevant conditions or circumstances.
  974  Governor, or the Legislature by concurrent resolution, may at
  975  any time invalidate an order, an ordinance, a proclamation, a
  976  rule, or any other measure issued by a political subdivision to
  977  address a purported emergency if the Governor or the Legislature
  978  determines that such order unnecessarily restricts a
  979  constitutional right, a fundamental liberty, or a statutory
  980  right.
  981         Section 13. Subsections (1), (2), and (3) of section
  982  252.385, Florida Statutes, are amended to read:
  983         252.385 Public shelter space.—
  984         (1) It is the intent of the Legislature that this state not
  985  have a deficit of safe public hurricane evacuation shelter space
  986  in any region of the state by 1998 and thereafter.
  987         (2)(a) The division shall administer a program to survey
  988  existing schools, universities, community colleges, and other
  989  state-owned, municipally owned, and county-owned public
  990  buildings and any private facility that the owner, in writing,
  991  agrees to provide for use as a public hurricane evacuation
  992  shelter to identify those that are appropriately designed and
  993  located to serve as such shelters. The owners of the facilities
  994  must be given the opportunity to participate in the surveys. The
  995  state university boards of trustees, district school boards,
  996  community college boards of trustees, and the Department of
  997  Education are responsible for coordinating and implementing the
  998  survey of public schools, universities, and community colleges
  999  with the division or the local emergency management agency.
 1000         (b) By January 31 of each even-numbered year, the division
 1001  shall prepare and submit a statewide emergency shelter plan to
 1002  the Governor and Cabinet for approval, subject to the
 1003  requirements for approval in s. 1013.37(2). The emergency
 1004  shelter plan must project, for each of the next 5 years, the
 1005  hurricane shelter needs of the state, including periods of time
 1006  during which a concurrent public health emergency may
 1007  necessitate more space for each individual to accommodate
 1008  physical distancing. In addition to information on the general
 1009  shelter needs throughout this state, the plan must shall
 1010  identify the general location and square footage of special
 1011  needs shelters, by regional planning council region, during the
 1012  next 5 years. The plan must shall also include information on
 1013  the availability of shelters that accept pets. The Department of
 1014  Health shall assist the division in determining the estimated
 1015  need for special needs shelter space and the adequacy of
 1016  facilities to meet the needs of persons with special needs based
 1017  on information from the registries of persons with special needs
 1018  and other information.
 1019         (3) The division shall annually provide to the President of
 1020  the Senate, the Speaker of the House of Representatives, and the
 1021  Governor a list of facilities recommended to be retrofitted
 1022  using state funds. State funds should be maximized and targeted
 1023  to regional planning council regions with hurricane evacuation
 1024  shelter deficits. Retrofitting facilities in regions with public
 1025  hurricane evacuation shelter deficits shall be given first
 1026  priority and should be completed by 2003. All recommended
 1027  facilities should be retrofitted by 2008. The owner or lessee of
 1028  a public hurricane evacuation shelter that is included on the
 1029  list of facilities recommended for retrofitting is not required
 1030  to perform any recommended improvements.
 1031         Section 14. Subsection (1) of section 252.44, Florida
 1032  Statutes, is amended to read:
 1033         252.44 Emergency mitigation.—
 1034         (1) In addition to prevention measures included in the
 1035  state and local comprehensive emergency management plans, the
 1036  Governor shall consider on a continuing basis steps that could
 1037  be taken to mitigate the harmful consequences of emergencies. At
 1038  the Governor’s direction and pursuant to any other authority and
 1039  competence they have, state agencies, including, but not limited
 1040  to, those charged with responsibilities in connection with
 1041  protecting and maintaining the public health, flood plain
 1042  management, stream encroachment and flow regulation, weather
 1043  modification, fire prevention and control, air quality, public
 1044  works, land use and land use planning, and construction
 1045  standards, shall make studies of emergency-mitigation-related
 1046  matters. The Governor, from time to time, shall make such
 1047  recommendations to the Legislature, local governments, and other
 1048  appropriate public and private entities as may facilitate
 1049  measures for mitigation of the harmful consequences of
 1050  emergencies.
 1051         Section 15. Present subsection (3) of section 252.46,
 1052  Florida Statutes, is redesignated as subsection (6), a new
 1053  subsection (3) and subsections (4) and (5) are added to that
 1054  section, and subsection (2) of that section is amended, to read:
 1055         252.46 Orders and rules.—
 1056         (2) All orders and rules adopted by the division or any
 1057  political subdivision or other agency authorized by ss. 252.31
 1058  252.90 to make orders and rules have full force and effect of
 1059  law after adoption in accordance with the provisions of chapter
 1060  120 in the event of issuance by the division or any state agency
 1061  or, if adopted promulgated by a political subdivision of the
 1062  state or agency thereof, when filed in the office of the clerk
 1063  or recorder of the political subdivision or agency adopting
 1064  promulgating the same. Failure of a political subdivision to
 1065  file any such order or rule with the office of the clerk or
 1066  recorder within 3 days after issuance voids the order or rule.
 1067  All existing laws, ordinances, and rules inconsistent with the
 1068  provisions of ss. 252.31-252.90, or any order or rule issued
 1069  under the authority of ss. 252.31-252.90, must shall be
 1070  suspended during the period of time and to the extent that such
 1071  conflict exists.
 1072         (3) Emergency ordinances, declarations, and orders adopted
 1073  by a political subdivision under the authority of ss. 252.31
 1074  252.90, including those enacted by a municipality pursuant to s.
 1075  166.041(3)(b), must be available on a dedicated webpage
 1076  accessible through a conspicuous link on the political
 1077  subdivision’s homepage. The dedicated webpage must identify the
 1078  emergency ordinances, declarations, and orders currently in
 1079  effect. Each political subdivision adopting emergency
 1080  ordinances, declarations, or orders must provide the division
 1081  with the link to the political subdivision’s dedicated webpage.
 1082  The division must include these links in an easily identifiable
 1083  format on its website.
 1084         (4) An order issued by a political subdivision
 1085  automatically expires 10 days after its issuance; however, such
 1086  an order may be extended before its expiration by a majority
 1087  vote of the governing body of the political subdivision if
 1088  deemed necessary. Upon the expiration of an order, a political
 1089  subdivision may not issue a substantially similar order to
 1090  respond to the same emergency. In the event the governing body
 1091  of the political subdivision is unable to convene before the
 1092  expiration of the emergency order due to the impacts of a
 1093  hurricane or other weather-related natural disaster, the 10-day
 1094  period is tolled until the governing body is able to convene.
 1095  However, an emergency order issued under this section may not be
 1096  in effect for more than 30 days unless the governing body
 1097  approves an extension of the order.
 1098         (5)An order issued by a political subdivision pursuant to
 1099  this section which imposes a curfew restricting the travel or
 1100  movement of persons during designated times must nonetheless
 1101  allow persons to travel during the curfew to their places of
 1102  employment to report for work and to return to their residences
 1103  after their work has concluded.
 1104         Section 16. Paragraph (a) of subsection (2) of section
 1105  377.703, Florida Statutes, is amended to read:
 1106         377.703 Additional functions of the Department of
 1107  Agriculture and Consumer Services.—
 1108         (2) DUTIES.—The department shall perform the following
 1109  functions, unless as otherwise provided, consistent with the
 1110  development of a state energy policy:
 1111         (a) The Division of Emergency Management is responsible for
 1112  the development of an energy emergency contingency plan to
 1113  respond to serious shortages of primary and secondary energy
 1114  sources. Upon a finding by the Governor, implementation of any
 1115  emergency program shall be upon order of the Governor that a
 1116  particular kind or type of fuel is, or that the occurrence of an
 1117  event which is reasonably expected within 30 days will make the
 1118  fuel, in short supply. The Division of Emergency Management
 1119  shall then respond by instituting the appropriate measures of
 1120  the contingency plan to meet the given emergency or energy
 1121  shortage. The Governor may utilize the provisions of s.
 1122  252.36(6) s. 252.36(5) to carry out any emergency actions
 1123  required by a serious shortage of energy sources.
 1124         Section 17. Paragraph (c) of subsection (1) and subsection
 1125  (2) of section 381.00315, Florida Statutes, are amended to read:
 1126         381.00315 Public health advisories; public health
 1127  emergencies; isolation and quarantines.—The State Health Officer
 1128  is responsible for declaring public health emergencies, issuing
 1129  public health advisories, and ordering isolation or quarantines.
 1130         (1) As used in this section, the term:
 1131         (c) “Public health emergency” means any occurrence, or
 1132  threat thereof, whether natural or manmade, which results or may
 1133  result in substantial injury or harm to the public health from
 1134  infectious disease, chemical agents, nuclear agents, biological
 1135  toxins, or situations involving mass casualties or natural
 1136  disasters.
 1137         (2)(a)The department shall prepare and maintain a state
 1138  public health emergency management plan to serve as a
 1139  comprehensive guide to public health emergency response in this
 1140  state. The department shall develop the plan in collaboration
 1141  with the Division of Emergency Management, other executive
 1142  agencies with functions relevant to public health emergencies,
 1143  district medical examiners, and national and state public health
 1144  experts and ensure that it integrates and coordinates with the
 1145  public health emergency management plans and programs of the
 1146  Federal Government. The plan must address each element of public
 1147  health emergency planning and incorporate public health and
 1148  epidemiological best practices to ensure that the state is
 1149  prepared for every foreseeable public health emergency. The plan
 1150  must include an assessment of state and local public health
 1151  infrastructure, including information systems, physical plant,
 1152  commodities, and human resources, and an analysis of the
 1153  infrastructure necessary to achieve the level of readiness
 1154  proposed by the plan for short-term and long-term public
 1155  emergencies. Beginning July 1, 2022, the department shall submit
 1156  the plan to the Division of Emergency Management for inclusion
 1157  in the state comprehensive emergency management plan pursuant to
 1158  s. 252.35. The department shall review the plan after the
 1159  declared end of each public health emergency, and, in any event,
 1160  at least every five years, and update its terms as necessary to
 1161  ensure continuous planning.
 1162         (b) Before declaring a public health emergency, the State
 1163  Health Officer shall, to the extent possible, consult with the
 1164  Governor and shall notify the Chief of Domestic Security. The
 1165  declaration of a public health emergency shall continue until
 1166  the State Health Officer finds that the threat or danger has
 1167  been dealt with to the extent that the emergency conditions no
 1168  longer exist and he or she terminates the declaration. However,
 1169  a declaration of a public health emergency may not continue for
 1170  longer than 60 days unless the Governor concurs in the renewal
 1171  of the declaration.
 1172         (c)The State Health Officer, upon declaration of a public
 1173  health emergency, shall establish by order the method and
 1174  procedure for identifying and reporting cases and deaths
 1175  involving the infectious disease or other occurrence identified
 1176  as the basis for the declared public health emergency. The
 1177  method and procedure must be consistent with any standards
 1178  developed by the Federal Government specific to the declared
 1179  emergency or, if federal standards do not exist, must be
 1180  consistent with public health best practices as identified by
 1181  the State Health Officer. During the pendency of a public health
 1182  emergency, the department is the sole entity responsible for the
 1183  collection and official reporting and publication of cases and
 1184  deaths. The State Health Officer, by order or emergency rule,
 1185  may ensure necessary assistance from licensed health care
 1186  providers in carrying out this function and may request the
 1187  assistance of district medical examiners in performing this
 1188  function.
 1189         (d) The State Health Officer, upon declaration of a public
 1190  health emergency, may take actions that are necessary to protect
 1191  the public health. Such actions include, but are not limited to:
 1192         1. Directing manufacturers of prescription drugs or over
 1193  the-counter drugs who are permitted under chapter 499 and
 1194  wholesalers of prescription drugs located in this state who are
 1195  permitted under chapter 499 to give priority to the shipping of
 1196  specified drugs to pharmacies and health care providers within
 1197  geographic areas that have been identified by the State Health
 1198  Officer. The State Health Officer must identify the drugs to be
 1199  shipped. Manufacturers and wholesalers located in the state must
 1200  respond to the State Health Officer’s priority shipping
 1201  directive before shipping the specified drugs.
 1202         2. Notwithstanding chapters 465 and 499 and rules adopted
 1203  thereunder, directing pharmacists employed by the department to
 1204  compound bulk prescription drugs and provide these bulk
 1205  prescription drugs to physicians and nurses of county health
 1206  departments or any qualified person authorized by the State
 1207  Health Officer for administration to persons as part of a
 1208  prophylactic or treatment regimen.
 1209         3. Notwithstanding s. 456.036, temporarily reactivating the
 1210  inactive license of the following health care practitioners,
 1211  when such practitioners are needed to respond to the public
 1212  health emergency: physicians licensed under chapter 458 or
 1213  chapter 459; physician assistants licensed under chapter 458 or
 1214  chapter 459; licensed practical nurses, registered nurses, and
 1215  advanced practice registered nurses licensed under part I of
 1216  chapter 464; respiratory therapists licensed under part V of
 1217  chapter 468; and emergency medical technicians and paramedics
 1218  certified under part III of chapter 401. Only those health care
 1219  practitioners specified in this paragraph who possess an
 1220  unencumbered inactive license and who request that such license
 1221  be reactivated are eligible for reactivation. An inactive
 1222  license that is reactivated under this paragraph shall return to
 1223  inactive status when the public health emergency ends or before
 1224  the end of the public health emergency if the State Health
 1225  Officer determines that the health care practitioner is no
 1226  longer needed to provide services during the public health
 1227  emergency. Such licenses may only be reactivated for a period
 1228  not to exceed 90 days without meeting the requirements of s.
 1229  456.036 or chapter 401, as applicable.
 1230         4. Ordering an individual to be examined, tested,
 1231  vaccinated, treated, isolated, or quarantined for communicable
 1232  diseases that have significant morbidity or mortality and
 1233  present a severe danger to public health. Individuals who are
 1234  unable or unwilling to be examined, tested, vaccinated, or
 1235  treated for reasons of health, religion, or conscience may be
 1236  subjected to isolation or quarantine.
 1237         a. Examination, testing, vaccination, or treatment may be
 1238  performed by any qualified person authorized by the State Health
 1239  Officer.
 1240         b. If the individual poses a danger to the public health,
 1241  the State Health Officer may subject the individual to isolation
 1242  or quarantine. If there is no practical method to isolate or
 1243  quarantine the individual, the State Health Officer may use any
 1244  means necessary to vaccinate or treat the individual.
 1245         c. Any order of the State Health Officer given to
 1246  effectuate this paragraph is shall be immediately enforceable by
 1247  a law enforcement officer under s. 381.0012.
 1248         (e)(2) Individuals who assist the State Health Officer at
 1249  his or her request on a volunteer basis during a public health
 1250  emergency are entitled to the benefits specified in s.
 1251  110.504(2), (3), (4), and (5).
 1252         Section 18. Subsection (1) of section 406.11, Florida
 1253  Statutes, is amended, and paragraph (c) is added to subsection
 1254  (2) of that section, to read:
 1255         406.11 Examinations, investigations, and autopsies.—
 1256         (1) In any of the following circumstances involving the
 1257  death of a human being, the medical examiner of the district in
 1258  which the death occurred or the body was found shall determine
 1259  the cause of death and certify the death and shall, for that
 1260  purpose, make or perform have performed such examinations,
 1261  investigations, and autopsies as he or she deems shall deem
 1262  necessary or as shall be requested by the state attorney:
 1263         (a) When any person dies in this the state:
 1264         1. Of criminal violence.
 1265         2. By accident.
 1266         3. By suicide.
 1267         4. Suddenly, when in apparent good health.
 1268         5. Unattended by a practicing physician or other recognized
 1269  practitioner.
 1270         6. In any prison or penal institution.
 1271         7. In police custody.
 1272         8. In any suspicious or unusual circumstance.
 1273         9. By criminal abortion.
 1274         10. By poison.
 1275         11. By disease constituting a threat to public health.
 1276         12. By disease, injury, or toxic agent resulting from
 1277  employment.
 1278         (b) When a dead body is brought into this the state without
 1279  proper medical certification.
 1280         (c) When a body is to be cremated, dissected, or buried at
 1281  sea.
 1282         (2)
 1283         (c)A district medical examiner shall assist the State
 1284  Health Officer in identifying and reporting deaths upon a
 1285  request by the State Health Officer under s. 381.00315.
 1286         Section 19. For purposes of this act, all executive orders
 1287  issued pursuant to an emergency declaration by the Governor,
 1288  including through delegated or subdelegated authority, which are
 1289  issued more than 60 days before July 1, 2021, expire upon the
 1290  effective date of this act; however, an expired executive order
 1291  may be reissued for 60-day periods if the emergency conditions
 1292  persist and if the reissued order states with specificity the
 1293  provisions being reissued.
 1294         Section 20. No later than September 30, 2021, the
 1295  Department of Business and Professional Regulation must review
 1296  all executive orders issued under its delegated authority during
 1297  the COVID-19 pandemic and make written recommendations to the
 1298  Legislature regarding any issues that should be codified in law.
 1299         Section 21. Except as otherwise expressly provided in this
 1300  act, this act shall take effect July 1, 2021.