CS for CS for SB 2006                            First Engrossed
    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, surplus funds, or the
   88         Budget Stabilization Fund under specified conditions;
   89         requiring notice of certain actions within a specified
   90         timeframe unless specific conditions exist; requiring
   91         the Governor to void such action if the Legislature
   92         timely objects to such transfer in writing;
   93         authorizing the Governor to transfer additional
   94         moneys, subject to approval by the Legislative Budget
   95         Commission, if specified conditions exist; requiring
   96         an agency or political subdivision to submit in
   97         advance a detailed spending plan for certain emergency
   98         funds to the Legislature; providing an exception;
   99         requiring an agency or political subdivision to submit
  100         a certain notice and a project worksheet to the
  101         Legislature under specified conditions within a
  102         specified timeframe; amending s. 252.38, F.S.;
  103         specifying that a political subdivision has the burden
  104         of proving the proper exercise of its police power in
  105         the issuance of certain emergency orders; amending s.
  106         252.385, F.S.; requiring the division’s hurricane
  107         shelter plan to address projected hurricane shelter
  108         needs during public health emergencies; amending s.
  109         252.44, F.S.; requiring emergency mitigation planning
  110         by state agencies to include agencies with
  111         jurisdiction over public health; amending s. 252.46,
  112         F.S.; providing that a failure by a political
  113         subdivision to file certain orders and rules with
  114         specified entities within a specified timeframe voids
  115         the issued orders or rules; requiring that certain
  116         orders be available on a dedicated webpage; requiring
  117         the division to provide links to such webpage on its
  118         website in a specified format; providing for the
  119         automatic expiration of emergency orders issued by a
  120         political subdivision; providing for the tolling of
  121         the expiration of such orders under certain conditions
  122         for a specified time; authorizing the extension of an
  123         emergency order by a majority vote of the governing
  124         body of the political subdivision; requiring the
  125         political subdivision to ratify the emergency order;
  126         prohibiting the chief elected officer or chief
  127         administrative officer from amending or replacing such
  128         order once ratified without approval from the
  129         governing body; prohibiting the chief elected officer
  130         or chief administrative officer from issuing a
  131         subsequent order in response to the same emergency
  132         unless ratified by the governing body; defining terms;
  133         authorizing the governing body of a political
  134         subdivision to convene, for a limited purpose, by
  135         specified means; suspending quorum requirements under
  136         specified conditions; requiring the meeting notice to
  137         contain specified information; requiring that orders
  138         issued by a political subdivision which impose a
  139         curfew restricting travel or movement allow persons to
  140         travel during the curfew to and from their places of
  141         employment; amending s. 377.703, F.S.; conforming a
  142         cross-reference; amending s. 381.00315, F.S.; revising
  143         a definition; directing the Department of Health, in
  144         collaboration with specified entities, to develop a
  145         specified public health emergency plan; requiring the
  146         department to submit the plan to the division;
  147         requiring the department to review and update the plan
  148         as necessary; directing the State Health Officer to
  149         establish methods of reporting certain data;
  150         authorizing the State Health Officer to order and
  151         request assistance with specified duties; revising the
  152         duties of the State Health Officer during a declared
  153         public health emergency; creating s. 381.00316, F.S.;
  154         prohibiting a business entity from requiring patrons
  155         or customers to provide documentation certifying
  156         vaccination against or recovery from COVID-19;
  157         prohibiting governmental entities from requiring
  158         persons to provide documentation certifying
  159         vaccination against or recovery from COVID-19;
  160         prohibiting educational institutions from requiring
  161         students or residents to provide documentation
  162         certifying vaccination against or recovery from COVID
  163         19; authorizing specified screening protocols;
  164         providing application; providing noncriminal
  165         penalties; authorizing the department to adopt rules;
  166         amending s. 406.11, F.S.; requiring district medical
  167         examiners to certify deaths and to assist the State
  168         Health Officer with certain functions upon request;
  169         providing that any emergency orders issued before a
  170         specified date will expire but may be reissued if
  171         certain conditions exist and a certain requirement is
  172         met; requiring the Department of Business and
  173         Professional Regulation, by a specified date, to
  174         review all executive orders issued under its delegated
  175         authority during the COVID-19 pandemic to make
  176         recommendations to the Legislature; providing
  177         effective dates.
  179  Be It Enacted by the Legislature of the State of Florida:
  181         Section 1. Contingent upon SB 1892 or similar legislation
  182  creating the Emergency Preparedness and Response Fund taking
  183  effect, subsection (8) is added to section 11.90, Florida
  184  Statutes, to read:
  185         11.90 Legislative Budget Commission.—
  186         (8)The commission may convene to transfer unappropriated
  187  surplus funds to the Emergency Preparedness and Response Fund.
  188         Section 2. Section 252.311, Florida Statutes, is amended to
  189  read:
  190         252.311 Legislative intent.—
  191         (1) The Legislature finds and declares that the state is
  192  vulnerable to a wide range of emergencies, including natural,
  193  technological, and manmade disasters, all of which threaten the
  194  life, health, and safety of its people; damage and destroy
  195  property; disrupt services and everyday business and
  196  recreational activities; and impede economic growth and
  197  development. The Legislature further finds that this
  198  vulnerability is exacerbated by the tremendous growth in the
  199  state’s population, especially the growth in the number of
  200  persons residing in coastal areas, in the elderly population, in
  201  the number of seasonal vacationers, and in the number of persons
  202  with special needs. This growth has greatly complicated the
  203  state’s ability to coordinate its emergency management resources
  204  and activities.
  205         (2) It is the intent of the Legislature to reduce the
  206  vulnerability of the people and property of this state; to
  207  prepare for efficient evacuation and shelter of threatened or
  208  affected persons; to provide for the rapid and orderly provision
  209  of relief to persons and for the restoration of services and
  210  property; to prepare for and efficiently respond to public
  211  health emergencies; and to provide for the coordination of
  212  activities relating to emergency preparedness, response,
  213  recovery, and mitigation among and between agencies and
  214  officials of this state, with similar agencies and officials of
  215  other states, with local and federal governments, with
  216  interstate organizations, and with the private sector.
  217         (3) It is further the intent of the Legislature to promote
  218  the state’s emergency preparedness, response, recovery, and
  219  mitigation capabilities through enhanced coordination, long-term
  220  planning, and adequate funding. State policy for responding to
  221  disasters is to support local emergency response efforts. In the
  222  case of a major or catastrophic disaster, however, the needs of
  223  residents and communities will likely be greater than local
  224  resources. In these situations, the state must be capable of
  225  providing effective, coordinated, and timely support to
  226  communities and the public. Therefore, the Legislature hereby
  227  determines and declares that the provisions of this act fulfill
  228  an important state interest.
  229         (4)It is further the intent of the Legislature to minimize
  230  the negative effects of an extended emergency, such as a
  231  pandemic or another public health emergency. The Legislature
  232  recognizes that there are significant negative impacts on
  233  children and families associated with school closures during a
  234  public health emergency such as the COVID-19 pandemic. The
  235  Legislature also recognizes the significant negative impacts of
  236  such emergencies on the economy due to business closures.
  237         (5) It is further the intent of the Legislature that all
  238  aspects of emergency preparedness, response, and recovery be
  239  made transparent to the public to the greatest extent possible.
  240         Section 3. Present subsections (9) and (10) of section
  241  252.34, Florida Statutes, are redesignated as subsections (10)
  242  and (12), respectively, and new subsection (9) and subsection
  243  (11) are added to that section, to read:
  244         252.34 Definitions.—As used in this part, the term:
  245         (9)“Personal protective equipment” means protective
  246  clothing or equipment designed to protect an individual person
  247  from injury or the spread of infection.
  248         (11)“Public health emergency” means any occurrence, or
  249  threat thereof, whether natural or manmade, which results or may
  250  result in substantial injury or harm to the public health from
  251  infectious disease, chemical agents, nuclear agents, biological
  252  toxins, or situations involving mass casualties or natural
  253  disasters, declared as a public health emergency as declared by
  254  the State Health Officer.
  255         Section 4. Subsection (2) of section 252.35, Florida
  256  Statutes, is amended to read:
  257         252.35 Emergency management powers; Division of Emergency
  258  Management.—
  259         (2) The division is responsible for carrying out the
  260  provisions of ss. 252.31-252.90. In performing its duties, the
  261  division shall:
  262         (a) Prepare a state comprehensive emergency management
  263  plan, which shall be integrated into and coordinated with the
  264  emergency management plans and programs of the Federal
  265  Government. The division shall must adopt the plan as a rule in
  266  accordance with chapter 120. The plan must shall be implemented
  267  by a continuous, integrated comprehensive emergency management
  268  program. The plan must contain provisions to ensure that the
  269  state is prepared for emergencies and minor, major, and
  270  catastrophic disasters, and the division shall work closely with
  271  local governments and agencies and organizations with emergency
  272  management responsibilities in preparing and maintaining the
  273  plan. The state comprehensive emergency management plan must
  274  shall be operations oriented and:
  275         1. Include an evacuation component that includes specific
  276  regional and interregional planning provisions and promotes
  277  intergovernmental coordination of evacuation activities. This
  278  component must, at a minimum: contain guidelines for lifting
  279  tolls on state highways; ensure coordination pertaining to
  280  evacuees crossing county lines; set forth procedures for
  281  directing people caught on evacuation routes to safe shelter;
  282  establish strategies for ensuring sufficient, reasonably priced
  283  fueling locations along evacuation routes; and establish
  284  policies and strategies for emergency medical evacuations.
  285         2. Include a shelter component that includes specific
  286  regional and interregional planning provisions and promotes
  287  coordination of shelter activities between the public, private,
  288  and nonprofit sectors. This component must, at a minimum:
  289  contain strategies to ensure the availability of adequate public
  290  shelter space in each region of the state; establish strategies
  291  for refuge-of-last-resort programs; provide strategies to assist
  292  local emergency management efforts to ensure that adequate
  293  staffing plans exist for all shelters, including medical and
  294  security personnel; provide for a postdisaster communications
  295  system for public shelters; establish model shelter guidelines
  296  for operations, registration, inventory, power generation
  297  capability, information management, and staffing; and set forth
  298  policy guidance for sheltering people with special needs.
  299         3. Include a postdisaster response and recovery component
  300  that includes specific regional and interregional planning
  301  provisions and promotes intergovernmental coordination of
  302  postdisaster response and recovery activities. This component
  303  must provide for postdisaster response and recovery strategies
  304  according to whether a disaster is minor, major, or
  305  catastrophic. The postdisaster response and recovery component
  306  must, at a minimum: establish the structure of the state’s
  307  postdisaster response and recovery organization; establish
  308  procedures for activating the state’s plan; set forth policies
  309  used to guide postdisaster response and recovery activities;
  310  describe the chain of command during the postdisaster response
  311  and recovery period; describe initial and continuous
  312  postdisaster response and recovery actions; identify the roles
  313  and responsibilities of each involved agency and organization;
  314  provide for a comprehensive communications plan; establish
  315  procedures for monitoring mutual aid agreements; provide for
  316  rapid impact assessment teams; ensure the availability of an
  317  effective statewide urban search and rescue program coordinated
  318  with the fire services; ensure the existence of a comprehensive
  319  statewide medical care and relief plan administered by the
  320  Department of Health; and establish systems for coordinating
  321  volunteers and accepting and distributing donated funds and
  322  goods.
  323         4. Include additional provisions addressing aspects of
  324  preparedness, response, recovery, and mitigation as determined
  325  necessary by the division.
  326         5. Address the need for coordinated and expeditious
  327  deployment of state resources, including the Florida National
  328  Guard. In the case of an imminent major disaster, procedures
  329  should address predeployment of the Florida National Guard, and,
  330  in the case of an imminent catastrophic disaster, procedures
  331  should address predeployment of the Florida National Guard and
  332  the United States Armed Forces.
  333         6. Establish a system of communications and warning to
  334  ensure that the state’s population and emergency management
  335  agencies are warned of developing emergency situations,
  336  including public health emergencies, and can communicate
  337  emergency response decisions.
  338         7. Establish guidelines and schedules for annual exercises
  339  that evaluate the ability of the state and its political
  340  subdivisions to respond to minor, major, and catastrophic
  341  disasters and support local emergency management agencies. Such
  342  exercises shall be coordinated with local governments and, to
  343  the extent possible, the Federal Government.
  344         8. Assign lead and support responsibilities to state
  345  agencies and personnel for emergency support functions and other
  346  support activities.
  347         9.Include the public health emergency plan developed by
  348  the Department of Health pursuant to s. 381.00315.
  350  The complete state comprehensive emergency management plan must
  351  shall be submitted to the President of the Senate, the Speaker
  352  of the House of Representatives, and the Governor on February 1
  353  of every even-numbered year.
  354         (b) Adopt standards and requirements for county emergency
  355  management plans. The standards and requirements must ensure
  356  that county plans are coordinated and consistent with the state
  357  comprehensive emergency management plan. If a municipality
  358  elects to establish an emergency management program, it must
  359  adopt a city emergency management plan that complies with all
  360  standards and requirements applicable to county emergency
  361  management plans.
  362         (c) Assist political subdivisions in preparing and
  363  maintaining emergency management plans.
  364         (d) Review periodically political subdivision emergency
  365  management plans for consistency with the state comprehensive
  366  emergency management plan and standards and requirements adopted
  367  under this section.
  368         (e) Cooperate with the President, the heads of the Armed
  369  Forces, the various federal emergency management agencies,
  370  federal or state health agencies, and the officers and agencies
  371  of other states in matters pertaining to emergency management in
  372  the state and the nation and incidents thereof and, in
  373  connection therewith, take any measures that it deems proper to
  374  carry into effect any request of the President and the
  375  appropriate federal officers and agencies for any emergency
  376  management action, including the direction or control of:
  377         1. Emergency management drills, tests, or exercises of
  378  whatever nature.
  379         2. Warnings and signals for tests and drills, attacks, or
  380  other imminent emergencies or threats thereof and the mechanical
  381  devices to be used in connection with such warnings and signals.
  382         (f) Make recommendations to the Legislature, building code
  383  organizations, and political subdivisions for zoning, building,
  384  and other land use controls; safety measures for securing mobile
  385  homes or other nonpermanent or semipermanent structures; and
  386  other preparedness, prevention, and mitigation measures designed
  387  to eliminate emergencies or reduce their impact.
  388         (g) In accordance with the state comprehensive emergency
  389  management plan and program for emergency management, ascertain
  390  the requirements of the state and its political subdivisions for
  391  equipment and supplies of all kinds in the event of an
  392  emergency; plan for and either procure supplies, medicines,
  393  materials, and equipment or enter into memoranda of agreement or
  394  open purchase orders that will ensure their availability; and
  395  use and employ from time to time any of the property, services,
  396  and resources within the state in accordance with ss. 252.31
  397  252.90.
  398         (h) Anticipate trends and promote innovations that will
  399  enhance the emergency management system.
  400         (i) Institute statewide public awareness programs,
  401  including. This shall include an intensive public educational
  402  campaign on emergency preparedness issues. Such programs must
  403  include, including, but need not be limited to, the personal
  404  responsibility of individual residents citizens to be self
  405  sufficient for up to 72 hours following a natural or manmade
  406  disaster or a public health emergency. The public educational
  407  campaign must shall include relevant information on public
  408  health emergency mitigation, statewide disaster plans,
  409  evacuation routes, fuel suppliers, and shelters. All educational
  410  materials must be available in alternative formats and mediums
  411  to ensure that they are available to persons with disabilities.
  412         (j) In cooperation with the Department of Education,
  413  coordinate with the Agency for Persons with Disabilities to
  414  provide an educational outreach program on disaster preparedness
  415  and readiness to individuals who have limited English skills and
  416  identify persons who are in need of assistance but are not
  417  defined under special-needs criteria.
  418         (k) Prepare and distribute to appropriate state and local
  419  officials catalogs of federal, state, and private assistance
  420  programs.
  421         (l) Coordinate federal, state, and local emergency
  422  management activities and take all other steps, including the
  423  partial or full mobilization of emergency management forces and
  424  organizations in advance of an actual emergency, to ensure the
  425  availability of adequately trained and equipped forces of
  426  emergency management personnel before, during, and after
  427  emergencies and disasters.
  428         (m) Establish a schedule of fees that may be charged by
  429  local emergency management agencies for review of emergency
  430  management plans on behalf of external agencies and
  431  institutions. In establishing such schedule, the division shall
  432  consider facility size, review complexity, and other factors.
  433         (n) Implement training programs to improve the ability of
  434  state and local emergency management personnel to prepare and
  435  implement emergency management plans and programs. This shall
  436  include a continuous training program for agencies and
  437  individuals that will be called on to perform key roles in state
  438  and local postdisaster response and recovery efforts and for
  439  local government personnel on federal and state postdisaster
  440  response and recovery strategies and procedures.
  441         (o) Review periodically emergency operating procedures of
  442  state agencies and recommend revisions as needed to ensure
  443  consistency with the state comprehensive emergency management
  444  plan and program.
  445         (p) Make such surveys of industries, resources, and
  446  facilities within the state, both public and private, as are
  447  necessary to carry out the purposes of ss. 252.31-252.90.
  448         (q) Prepare, in advance whenever possible, such executive
  449  orders, proclamations, and rules for issuance by the Governor as
  450  are necessary or appropriate for coping with emergencies and
  451  disasters.
  452         (r) Cooperate with the Federal Government and any public or
  453  private agency or entity in achieving any purpose of ss. 252.31
  454  252.90 and in implementing programs for mitigation, preparation,
  455  response, and recovery.
  456         (s) Complete an inventory of portable generators owned by
  457  the state and local governments which are capable of operating
  458  during a major disaster. The inventory must identify, at a
  459  minimum, the location of each generator, the number of
  460  generators stored at each specific location, the agency to which
  461  each generator belongs, the primary use of the generator by the
  462  owner agency, and the names, addresses, and telephone numbers of
  463  persons having the authority to loan the stored generators as
  464  authorized by the division during a declared emergency.
  465         (t) Maintain an inventory list of generators owned by the
  466  state and local governments. In addition, the division may keep
  467  a list of private entities, along with appropriate contact
  468  information, which offer generators for sale or lease. The list
  469  of private entities shall be available to the public for
  470  inspection in written and electronic formats.
  471         (u) Acquire and maintain a supply of personal protective
  472  equipment owned by the state for use by state agencies and to
  473  assist local government and the private sector, when determined
  474  to be necessary by the State Coordinating Officer, in meeting
  475  safety needs during a declared emergency. The division shall
  476  conduct regular inventories of the supply, which must include
  477  projections of the need for additional personal protective
  478  equipment, as assessed by each governmental agency, to maintain
  479  the supply and replace expired items. The division shall
  480  maintain and replace the equipment on a standardized schedule
  481  that recognizes equipment expiration and obsolescence. This
  482  paragraph is subject to appropriation. The initial inventory
  483  must be reported by December 31, 2021, to the Governor, the
  484  President of the Senate, the Speaker of the House of
  485  Representatives, and the Chief Justice of the Supreme Court and,
  486  thereafter, the inventory must be reported by each December 31
  487  to those officers.
  488         (v) Assist political subdivisions with the creation and
  489  training of urban search and rescue teams and promote the
  490  development and maintenance of a state urban search and rescue
  491  program.
  492         (w)(v) Delegate, as necessary and appropriate, authority
  493  vested in it under ss. 252.31-252.90 and provide for the
  494  subdelegation of such authority. The duration of each such
  495  delegation or subdelegation during an emergency may not exceed
  496  60 days; however a delegation or subdelegation may be renewed
  497  during the emergency, as necessary.
  498         (x)(w) Report biennially to the President of the Senate,
  499  the Speaker of the House of Representatives, the Chief Justice
  500  of the Supreme Court, and the Governor, no later than February 1
  501  of every odd-numbered year, the status of the emergency
  502  management capabilities of the state and its political
  503  subdivisions. This report must include the emergency management
  504  capabilities related to public health emergencies, as determined
  505  in collaboration with the Department of Health.
  506         (y)(x) In accordance with chapter 120, create, implement,
  507  administer, adopt, amend, and rescind rules, programs, and plans
  508  needed to carry out the provisions of ss. 252.31-252.90 with due
  509  consideration for, and in cooperating with, the plans and
  510  programs of the Federal Government. In addition, the division
  511  may adopt rules in accordance with chapter 120 to administer and
  512  distribute federal financial predisaster and postdisaster
  513  assistance for prevention, mitigation, preparedness, response,
  514  and recovery.
  515         (z)(y) Do other things necessary, incidental, or
  516  appropriate for the implementation of ss. 252.31-252.90.
  517         Section 5. Subsection (2) of section 252.355, Florida
  518  Statutes, is amended to read:
  519         252.355 Registry of persons with special needs; notice;
  520  registration program.—
  521         (2) In order to ensure that all persons with special needs
  522  may register, the division shall develop and maintain a special
  523  needs shelter registration program. During a public health
  524  emergency in which physical distancing is necessary, as
  525  determined by the State Health Officer, the division must
  526  maintain information on special needs shelter options that
  527  mitigate the threat of the spread of infectious diseases The
  528  registration program must be developed by January 1, 2015, and
  529  fully implemented by March 1, 2015.
  530         (a) The registration program shall include, at a minimum, a
  531  uniform electronic registration form and a database for
  532  uploading and storing submitted registration forms that may be
  533  accessed by the appropriate local emergency management agency.
  534  The link to the registration form shall be easily accessible on
  535  each local emergency management agency’s website. Upon receipt
  536  of a paper registration form, the local emergency management
  537  agency shall enter the person’s registration information into
  538  the database.
  539         (b) To assist in identifying persons with special needs,
  540  home health agencies, hospices, nurse registries, home medical
  541  equipment providers, the Department of Children and Families,
  542  the Department of Health, the Agency for Health Care
  543  Administration, the Department of Education, the Agency for
  544  Persons with Disabilities, the Department of Elderly Affairs,
  545  and memory disorder clinics shall, and any physician licensed
  546  under chapter 458 or chapter 459 and any pharmacy licensed under
  547  chapter 465 may, annually provide registration information to
  548  all of their special needs clients or their caregivers. The
  549  division shall develop a brochure that provides information
  550  regarding special needs shelter registration procedures. The
  551  brochure must be easily accessible on the division’s website.
  552  All appropriate agencies and community-based service providers,
  553  including aging and disability resource centers, memory disorder
  554  clinics, home health care providers, hospices, nurse registries,
  555  and home medical equipment providers, shall, and any physician
  556  licensed under chapter 458 or chapter 459 may, assist emergency
  557  management agencies by annually registering persons with special
  558  needs for special needs shelters, collecting registration
  559  information for persons with special needs as part of the
  560  program intake process, and establishing programs to educate
  561  clients about the registration process and disaster preparedness
  562  safety procedures. A client of a state-funded or federally
  563  funded service program who has a physical, mental, or cognitive
  564  impairment or sensory disability and who needs assistance in
  565  evacuating, or when in a shelter, must register as a person with
  566  special needs. The registration program shall give persons with
  567  special needs the option of preauthorizing emergency response
  568  personnel to enter their homes during search and rescue
  569  operations if necessary to ensure their safety and welfare
  570  following disasters.
  571         (c) The division shall be the designated lead agency
  572  responsible for community education and outreach to the public,
  573  including special needs clients, regarding registration and
  574  special needs shelters and general information regarding shelter
  575  stays.
  576         (d) On or before May 31 of each year, each electric utility
  577  in the state shall annually notify residential customers in its
  578  service area of the availability of the registration program
  579  available through their local emergency management agency by:
  580         1. An initial notification upon the activation of new
  581  residential service with the electric utility, followed by one
  582  annual notification between January 1 and May 31; or
  583         2. Two separate annual notifications between January 1 and
  584  May 31.
  586  The notification may be made by any available means, including,
  587  but not limited to, written, electronic, or verbal notification,
  588  and may be made concurrently with any other notification to
  589  residential customers required by law or rule.
  590         Section 6. Subsection (5) of section 252.356, Florida
  591  Statutes, is amended to read:
  592         252.356 Emergency and disaster planning provisions to
  593  assist persons with disabilities or limitations.—State agencies
  594  that contract with providers for the care of persons with
  595  disabilities or limitations that make such persons dependent
  596  upon the care of others shall include emergency and disaster
  597  planning provisions in such contracts at the time the contracts
  598  are initiated or upon renewal. These provisions shall include,
  599  but shall not be limited to:
  600         (5) A procedure for providing the essential services the
  601  organization currently provides to special needs clients in
  602  preparation for, and during, and following, a disaster,
  603  including, but not limited to, a public health emergency.
  604         Section 7. Subsection (2) of section 252.359, Florida
  605  Statutes, is amended to read:
  606         252.359 Ensuring availability of emergency supplies.—
  607         (2) As used in this section, the term “essentials” means
  608  goods that are consumed or used as a direct result of a declared
  609  emergency, or that are consumed or used to preserve, protect, or
  610  sustain life, health, safety, or economic well-being. The term
  611  includes, but is not limited to, personal protective equipment
  612  used in the event of a public health emergency.
  613         Section 8. Present subsections (3) through (10) of section
  614  252.36, Florida Statutes, are redesignated as subsections (4)
  615  through (11), respectively, a new subsection (3) is added to
  616  that section, and subsections (1) and (2) and paragraph (c) of
  617  present subsection (5) of that section are amended, to read:
  618         252.36 Emergency management powers of the Governor.—
  619         (1)(a) The Governor is responsible for meeting the dangers
  620  presented to this state and its people by emergencies. In the
  621  event of an emergency beyond local control, the Governor, or, in
  622  the Governor’s absence, her or his successor as provided by law,
  623  may assume direct operational control over all or any part of
  624  the emergency management functions within this state, and she or
  625  he shall have the power through proper process of law to carry
  626  out the provisions of this section. The Governor is authorized
  627  to delegate such powers as she or he may deem prudent.
  628         (b) Pursuant to the authority vested in her or him under
  629  paragraph (a), the Governor may issue executive orders,
  630  proclamations, and rules and may amend or rescind them. Such
  631  executive orders, proclamations, and rules shall have the force
  632  and effect of law. An executive order, a proclamation, or a rule
  633  must be limited to a duration of not more than 60 days and may
  634  be renewed as necessary during the duration of the emergency. If
  635  renewed, the order, proclamation, or rule must specifically
  636  state which provisions are being renewed.
  637         (c)The Legislature intends that, during an extended public
  638  health emergency, such as the COVID-19 pandemic, there should be
  639  a presumption that K-12 public schools, to the greatest extent
  640  possible, should remain open so long as the health and safety of
  641  students and school personnel can be maintained by specific
  642  public health mitigation strategies recommended by federal or
  643  state health agencies for educational settings. The Legislature
  644  also intends that during such an event, there be a presumption
  645  that businesses should remain open to the greatest extent
  646  possible so long as the health and safety of employees and
  647  customers can be reasonably protected by specific public health
  648  mitigation strategies recommended by federal or state health
  649  agencies, including, but not limited, to the Occupational Safety
  650  and Health Administration.
  651         1. If the Governor declares by executive order or
  652  proclamation that the emergency requires closure of or
  653  restricted in-person attendance at K-12 public schools, the
  654  executive order or proclamation must contain specific reasons
  655  for those determinations, and he or she must review and reassess
  656  the situation regularly.
  657         2. If the Governor declares by executive order or
  658  proclamation that the emergency requires businesses to restrict
  659  their operations or close, the executive order or proclamation
  660  must contain specific reasons for those determinations, and he
  661  or she must review and reassess the situation regularly.
  662         (2) A state of emergency must shall be declared by
  663  executive order or proclamation of the Governor if she or he
  664  finds an emergency has occurred or that the occurrence or the
  665  threat thereof is imminent. The state of emergency must shall
  666  continue until the Governor finds that the threat or danger has
  667  been dealt with to the extent that the emergency conditions no
  668  longer exist and she or he terminates the state of emergency by
  669  executive order or proclamation, but no state of emergency may
  670  continue for longer than 60 days unless renewed by the Governor.
  671  The Legislature by concurrent resolution may terminate a state
  672  of emergency at any time. Thereupon, the Governor shall issue an
  673  executive order or proclamation ending the state of emergency.
  674  All executive orders or proclamations issued under this section
  675  must shall indicate the nature of the emergency, the area or
  676  areas threatened, and the conditions which have brought the
  677  emergency about or which make possible its termination. An
  678  executive order or proclamation must shall be promptly
  679  disseminated by means calculated to bring its contents to the
  680  attention of the general public; and, unless the circumstances
  681  attendant upon the emergency prevent or impede such filing, the
  682  order or proclamation must shall be filed promptly with the
  683  Department of State, the President of the Senate and the Speaker
  684  of the House of Representatives, and in the offices of the
  685  county commissioners in the counties to which the order or
  686  proclamation applies.
  687         (3)(a) At any time, the Legislature, by concurrent
  688  resolution, may terminate a state of emergency or any specific
  689  order, proclamation, or rule thereunder. Upon such concurrent
  690  resolution, the Governor shall issue an executive order or
  691  proclamation consistent with the concurrent resolution.
  692         (b) Notwithstanding s. 252.46(2), all emergency
  693  declarations and orders, regardless of how titled, issued under
  694  the authority of this part by the Governor or any agency,
  695  whether by direct, delegated, or subdelegated authority, before,
  696  during, or after a declared emergency, must be immediately filed
  697  with the Division of Administrative Hearings. Failure to file
  698  any such declaration or order with the division within 5 days
  699  after issuance voids the declaration or order. The division
  700  shall index all such declarations and orders and make them
  701  available in searchable format on its website within 3 days of
  702  filing. The searchable format must include, but is not limited
  703  to, searches by term, referenced statutes, and rules and must
  704  include a search category that specifically identifies emergency
  705  orders in effect at any given time. A link to the division’s
  706  index must be placed in a conspicuous location on the Division
  707  of Emergency Management’s website. This subsection applies
  708  retroactively to all executive emergency declarations and orders
  709  in effect on July 1, 2021.
  710         (6)(5) In addition to any other powers conferred upon the
  711  Governor by law, she or he may:
  712         (c) Transfer the direction, personnel, or functions of
  713  state departments and agencies or units thereof for the purpose
  714  of performing or facilitating emergency services. The transfer
  715  of the direction, personnel, or functions of state departments
  716  and agencies must be reported monthly on a cumulative basis to
  717  the President of the Senate and the Speaker of the House of
  718  Representatives.
  719         Section 9. Section 252.3611, Florida Statutes, is created
  720  to read:
  721         252.3611 Transparency; audits.—
  722         (1) Each order, proclamation, or rule issued by the
  723  Governor, the division, or any agency must specify the statute
  724  or rule being amended or waived, if applicable, and the
  725  expiration date for the order, proclamation, or rule.
  726         (2) When the duration of an emergency exceeds 90 days:
  727         (a) Within 72 hours of executing a contract executed with
  728  moneys authorized for expenditure to support the response to the
  729  declared state of emergency, the Executive Office of the
  730  Governor or the appropriate agency shall submit a copy of such
  731  contract to the Legislature. For contracts executed during the
  732  first 90 days of the emergency, the Executive Office of the
  733  Governor or the appropriate agency shall submit a copy to the
  734  Legislature within the first 120 days of the declared emergency.
  735         (b) The Executive Office of the Governor or the appropriate
  736  agency shall submit monthly reports to the Legislature of all
  737  state expenditures, revenues received, and funds transferred by
  738  an agency during the previous month to support the declared
  739  state of emergency.
  740         (3) Once an emergency exceeds 1 year, the Auditor General
  741  shall conduct a financial audit of all associated expenditures
  742  and a compliance audit of all associated contracts entered into
  743  during the declared emergency. The Auditor General must update
  744  the audit annually until the emergency is declared to be ended.
  745         (4) Following the expiration or termination of a state of
  746  emergency, the Auditor General shall conduct a financial audit
  747  of all associated expenditures and a compliance audit of all
  748  associated contracts entered into during the state of emergency.
  749         Section 10. Subsection (3) of section 252.365, Florida
  750  Statutes, is amended to read:
  751         252.365 Emergency coordination officers; disaster
  752  preparedness plans.—
  753         (3) Emergency coordination officers shall ensure These
  754  individuals shall be responsible for ensuring that each state
  755  agency and facility, such as a prison, office building, or
  756  university, has a disaster preparedness plan that is coordinated
  757  with the applicable local emergency-management agency and
  758  approved by the division.
  759         (a) The disaster-preparedness plan must outline a
  760  comprehensive and effective program to ensure continuity of
  761  essential state functions under all circumstances, including,
  762  but not limited to, a pandemic or other public health emergency.
  763  The plan must identify a baseline of preparedness for a full
  764  range of potential emergencies to establish a viable capability
  765  to perform essential functions during any emergency or other
  766  situation that disrupts normal operations. This baseline must
  767  consider and include preparedness for rapid and large-scale
  768  increases in the public’s need to access government services
  769  through technology or other means during an emergency,
  770  including, but not limited to, a public health emergency.
  771         (b) The plan must include, at a minimum, the following
  772  elements: identification of essential functions, programs, and
  773  personnel; procedures to implement the plan and personnel
  774  notification and accountability; delegations of authority and
  775  lines of succession; identification of alternative facilities
  776  and related infrastructure, including those for communications;
  777  identification and protection of vital records and databases;
  778  provisions regarding the availability of, and distribution plans
  779  for, personal protective equipment; and schedules and procedures
  780  for periodic tests, training, and exercises.
  781         (c) The division shall develop and distribute guidelines
  782  for developing and implementing the plan. By December 31, 2022,
  783  each agency must update its plan to include provisions related
  784  to preparation for pandemics and other public health emergencies
  785  consistent with the plan developed pursuant to s. 381.00315.
  786  Each agency plan must be updated as needed to remain consistent
  787  with the state public health emergency management plan.
  788         Section 11. Subsections (7) and (8) are added to section
  789  252.37, Florida Statutes, and subsection (2) of that section is
  790  amended, contingent upon SB 1892 or similar legislation creating
  791  the Emergency Preparedness and Response Fund taking effect, to
  792  read:
  793         252.37 Financing.—
  794         (2)(a) It is the legislative intent that the first recourse
  795  be made to funds specifically regularly appropriated to state
  796  and local agencies for disaster relief or response.
  797         (b) If the Governor finds that the demands placed upon
  798  these funds in coping with a particular disaster declared by the
  799  Governor as a state of emergency are unreasonably great, she or
  800  he may make funds available by transferring and expending moneys
  801  appropriated for other purposes, from the Emergency Preparedness
  802  and Response Fund.
  803         (c) If additional funds are needed, the Governor may make
  804  funds available by transferring and expending moneys out of any
  805  unappropriated surplus funds, or from the Budget Stabilization
  806  Fund if the transfers and expenditures are directly related to
  807  the declared disaster or emergency. Notice of such action, as
  808  provided in s. 216.177, must be delivered at least 7 days before
  809  the effective date of the action, unless a shorter period is
  810  agreed to in writing by the President of the Senate and the
  811  Speaker of the House of Representatives. If the President of the
  812  Senate and the Speaker of the House of Representatives timely
  813  advise in writing that the parties object to the transfer, the
  814  Governor must void such action.
  815         (d) Following the expiration or termination of the state of
  816  emergency, the Governor may transfer moneys with a budget
  817  amendment, subject to approval by the Legislative Budget
  818  Commission, to satisfy the budget authority granted for such
  819  emergency. The transfers and expenditures supporting the
  820  amendment must be directly related to the declared disaster or
  821  emergency.
  822         (7) An agency or political subdivision shall submit in
  823  advance a detailed spending plan for any grants, gifts, loans,
  824  funds, payments, services, equipment, supplies, or materials in
  825  aid of or for the purposes of emergency prevention, recovery,
  826  mitigation, preparedness, and management, other than emergency
  827  response, received under this section to the President of the
  828  Senate, the Speaker of the House of Representatives, and the
  829  chairs of the legislative appropriations committees. This
  830  paragraph does not apply to the receipt of any funds from an
  831  agency, department, or other affiliated entity of the Federal
  832  Government as part of an expedited project worksheet in
  833  anticipation of emergency response expenditures. If an emergency
  834  situation precludes the timely advanced submission of a detailed
  835  spending plan, the plan must be submitted as soon as
  836  practicable, but not later than 30 days after initiation of any
  837  expenditures, and be resubmitted every 30 days as long as the
  838  emergency continues and funds continue to be disbursed.
  839         (8) For emergency response activities, including an
  840  emergency response that includes emergency protective measures
  841  or debris removal, the agency or political subdivision is not
  842  required to provide a detailed spending plan in advance of
  843  expenditures, but must provide notice to the President of the
  844  Senate, the Speaker of the House of Representatives, and the
  845  chairs of the legislative appropriations committees of all
  846  expenditures in aggregate categories incurred in the emergency
  847  response no later than 30 days after the expenditure is
  848  incurred, and a copy of any project worksheet submitted to the
  849  Federal Emergency Management Agency must be submitted to the
  850  same parties no later than 7 days after it is submitted to the
  851  Federal Emergency Management Agency.
  852         Section 12. Section 252.38, Florida Statutes, is amended to
  853  read:
  854         252.38 Emergency management powers of political
  855  subdivisions.—Safeguarding the life and property of its citizens
  856  is an innate responsibility of the governing body of each
  857  political subdivision of the state. However, political
  858  subdivisions are given police powers to preserve, not impair,
  859  private rights. Therefore, a political subdivision that deprives
  860  any person of a constitutional right, a fundamental liberty, a
  861  statutory right, or property to address a purported emergency
  862  bears the burden of proving that the exercise of police power is
  863  narrowly tailored, serves a compelling governmental interest,
  864  and accomplishes the intended goal through the use of the least
  865  intrusive means.
  866         (1) COUNTIES.—
  867         (a) In order to provide effective and orderly governmental
  868  control and coordination of emergency operations in emergencies
  869  within the scope of ss. 252.31-252.90, each county within this
  870  state shall be within the jurisdiction of, and served by, the
  871  division. Except as otherwise provided in ss. 252.31-252.90,
  872  each local emergency management agency shall have jurisdiction
  873  over and serve an entire county. Unless part of an
  874  interjurisdictional emergency management agreement entered into
  875  pursuant to paragraph (3)(b) which is recognized by the Governor
  876  by executive order or rule, each county must establish and
  877  maintain such an emergency management agency and shall develop a
  878  county emergency management plan and program that is coordinated
  879  and consistent with the state comprehensive emergency management
  880  plan and program. Counties that are part of an
  881  interjurisdictional emergency management agreement entered into
  882  pursuant to paragraph (3)(b) which is recognized by the Governor
  883  by executive order or rule shall cooperatively develop an
  884  emergency management plan and program that is coordinated and
  885  consistent with the state comprehensive emergency management
  886  plan and program.
  887         (b) Each county emergency management agency created and
  888  established pursuant to ss. 252.31-252.90 shall have a director.
  889  The director must meet the minimum training and education
  890  qualifications established in a job description approved by the
  891  county. The director shall be appointed by the board of county
  892  commissioners or the chief administrative officer of the county,
  893  as described in chapter 125 or the county charter, if
  894  applicable, to serve at the pleasure of the appointing
  895  authority, in conformance with applicable resolutions,
  896  ordinances, and laws. A county constitutional officer, or an
  897  employee of a county constitutional officer, may be appointed as
  898  director following prior notification to the division. Each
  899  board of county commissioners shall promptly inform the division
  900  of the appointment of the director and other personnel. Each
  901  director has direct responsibility for the organization,
  902  administration, and operation of the county emergency management
  903  agency. The director shall coordinate emergency management
  904  activities, services, and programs within the county and shall
  905  serve as liaison to the division and other local emergency
  906  management agencies and organizations.
  907         (c) Each county emergency management agency shall perform
  908  emergency management functions within the territorial limits of
  909  the county within which it is organized and, in addition, shall
  910  conduct such activities outside its territorial limits as are
  911  required pursuant to ss. 252.31-252.90 and in accordance with
  912  state and county emergency management plans and mutual aid
  913  agreements. Counties shall serve as liaison for and coordinator
  914  of municipalities’ requests for state and federal assistance
  915  during postdisaster emergency operations.
  916         (d) During a declared state or local emergency and upon the
  917  request of the director of a local emergency management agency,
  918  the district school board or school boards in the affected area
  919  shall participate in emergency management by providing
  920  facilities and necessary personnel to staff such facilities.
  921  Each school board providing transportation assistance in an
  922  emergency evacuation shall coordinate the use of its vehicles
  923  and personnel with the local emergency management agency.
  924         (e) County emergency management agencies may charge and
  925  collect fees for the review of emergency management plans on
  926  behalf of external agencies and institutions. Fees must be
  927  reasonable and may not exceed the cost of providing a review of
  928  emergency management plans in accordance with fee schedules
  929  established by the division.
  930         (2) MUNICIPALITIES.—Legally constituted municipalities are
  931  authorized and encouraged to create municipal emergency
  932  management programs. Municipal emergency management programs
  933  shall coordinate their activities with those of the county
  934  emergency management agency. Municipalities without emergency
  935  management programs shall be served by their respective county
  936  agencies. If a municipality elects to establish an emergency
  937  management program, it must comply with all laws, rules, and
  938  requirements applicable to county emergency management agencies.
  939  Each municipal emergency management plan must be consistent with
  940  and subject to the applicable county emergency management plan.
  941  In addition, each municipality must coordinate requests for
  942  state or federal emergency response assistance with its county.
  943  This requirement does not apply to requests for reimbursement
  944  under federal public disaster assistance programs.
  946         (a) In carrying out the provisions of ss. 252.31-252.90,
  947  each political subdivision shall have the power and authority:
  948         1. To appropriate and expend funds; make contracts; obtain
  949  and distribute equipment, materials, and supplies for emergency
  950  management purposes; provide for the health and safety of
  951  persons and property, including emergency assistance to the
  952  victims of any emergency; and direct and coordinate the
  953  development of emergency management plans and programs in
  954  accordance with the policies and plans set by the federal and
  955  state emergency management agencies.
  956         2. To appoint, employ, remove, or provide, with or without
  957  compensation, coordinators, rescue teams, fire and police
  958  personnel, and other emergency management workers.
  959         3. To establish, as necessary, a primary and one or more
  960  secondary emergency operating centers to provide continuity of
  961  government and direction and control of emergency operations.
  962         4. To assign and make available for duty the offices and
  963  agencies of the political subdivision, including the employees,
  964  property, or equipment thereof relating to firefighting,
  965  engineering, rescue, health, medical and related services,
  966  police, transportation, construction, and similar items or
  967  services for emergency operation purposes, as the primary
  968  emergency management forces of the political subdivision for
  969  employment within or outside the political limits of the
  970  subdivision.
  971         5. To request state assistance or invoke emergency-related
  972  mutual-aid assistance by declaring a state of local emergency in
  973  the event of an emergency affecting only one political
  974  subdivision. The duration of each state of emergency declared
  975  locally is limited to 7 days; it may be extended, as necessary,
  976  in 7-day increments. Further, the political subdivision has the
  977  power and authority to waive the procedures and formalities
  978  otherwise required of the political subdivision by law
  979  pertaining to:
  980         a. Performance of public work and taking whatever prudent
  981  action is necessary to ensure the health, safety, and welfare of
  982  the community.
  983         b. Entering into contracts.
  984         c. Incurring obligations.
  985         d. Employment of permanent and temporary workers.
  986         e. Utilization of volunteer workers.
  987         f. Rental of equipment.
  988         g. Acquisition and distribution, with or without
  989  compensation, of supplies, materials, and facilities.
  990         h. Appropriation and expenditure of public funds.
  991         (b) Upon the request of two or more adjoining counties, or
  992  if the Governor finds that two or more adjoining counties would
  993  be better served by an interjurisdictional arrangement than by
  994  maintaining separate emergency management agencies and services,
  995  the Governor may delineate by executive order or rule an
  996  interjurisdictional area adequate to plan for, prevent,
  997  mitigate, or respond to emergencies in such area and may direct
  998  steps to be taken as necessary, including the creation of an
  999  interjurisdictional relationship, a joint emergency plan, a
 1000  provision for mutual aid, or an area organization for emergency
 1001  planning and services. A finding of the Governor pursuant to
 1002  this paragraph shall be based on one or more factors related to
 1003  the difficulty of maintaining an efficient and effective
 1004  emergency prevention, mitigation, preparedness, response, and
 1005  recovery system on a unijurisdictional basis, such as:
 1006         1. Small or sparse population.
 1007         2. Limitations on public financial resources severe enough
 1008  to make maintenance of a separate emergency management agency
 1009  and services unreasonably burdensome.
 1010         3. Unusual vulnerability to emergencies as evidenced by a
 1011  past history of emergencies, topographical features, drainage
 1012  characteristics, emergency potential, and presence of emergency
 1013  prone facilities or operations.
 1014         4. The interrelated character of the counties in a
 1015  multicounty area.
 1016         5. Other relevant conditions or circumstances.
 1017         Section 13. Subsections (1), (2), and (3) of section
 1018  252.385, Florida Statutes, are amended to read:
 1019         252.385 Public shelter space.—
 1020         (1) It is the intent of the Legislature that this state not
 1021  have a deficit of safe public hurricane evacuation shelter space
 1022  in any region of the state by 1998 and thereafter.
 1023         (2)(a) The division shall administer a program to survey
 1024  existing schools, universities, community colleges, and other
 1025  state-owned, municipally owned, and county-owned public
 1026  buildings and any private facility that the owner, in writing,
 1027  agrees to provide for use as a public hurricane evacuation
 1028  shelter to identify those that are appropriately designed and
 1029  located to serve as such shelters. The owners of the facilities
 1030  must be given the opportunity to participate in the surveys. The
 1031  state university boards of trustees, district school boards,
 1032  community college boards of trustees, and the Department of
 1033  Education are responsible for coordinating and implementing the
 1034  survey of public schools, universities, and community colleges
 1035  with the division or the local emergency management agency.
 1036         (b) By January 31 of each even-numbered year, the division
 1037  shall prepare and submit a statewide emergency shelter plan to
 1038  the Governor and Cabinet for approval, subject to the
 1039  requirements for approval in s. 1013.37(2). The emergency
 1040  shelter plan must project, for each of the next 5 years, the
 1041  hurricane shelter needs of the state, including periods of time
 1042  during which a concurrent public health emergency may
 1043  necessitate more space for each individual to accommodate
 1044  physical distancing. In addition to information on the general
 1045  shelter needs throughout this state, the plan must shall
 1046  identify the general location and square footage of special
 1047  needs shelters, by regional planning council region, during the
 1048  next 5 years. The plan must shall also include information on
 1049  the availability of shelters that accept pets. The Department of
 1050  Health shall assist the division in determining the estimated
 1051  need for special needs shelter space and the adequacy of
 1052  facilities to meet the needs of persons with special needs based
 1053  on information from the registries of persons with special needs
 1054  and other information.
 1055         (3) The division shall annually provide to the President of
 1056  the Senate, the Speaker of the House of Representatives, and the
 1057  Governor a list of facilities recommended to be retrofitted
 1058  using state funds. State funds should be maximized and targeted
 1059  to regional planning council regions with hurricane evacuation
 1060  shelter deficits. Retrofitting facilities in regions with public
 1061  hurricane evacuation shelter deficits shall be given first
 1062  priority and should be completed by 2003. All recommended
 1063  facilities should be retrofitted by 2008. The owner or lessee of
 1064  a public hurricane evacuation shelter that is included on the
 1065  list of facilities recommended for retrofitting is not required
 1066  to perform any recommended improvements.
 1067         Section 14. Subsection (1) of section 252.44, Florida
 1068  Statutes, is amended to read:
 1069         252.44 Emergency mitigation.—
 1070         (1) In addition to prevention measures included in the
 1071  state and local comprehensive emergency management plans, the
 1072  Governor shall consider on a continuing basis steps that could
 1073  be taken to mitigate the harmful consequences of emergencies. At
 1074  the Governor’s direction and pursuant to any other authority and
 1075  competence they have, state agencies, including, but not limited
 1076  to, those charged with responsibilities in connection with
 1077  protecting and maintaining the public health, flood plain
 1078  management, stream encroachment and flow regulation, weather
 1079  modification, fire prevention and control, air quality, public
 1080  works, land use and land use planning, and construction
 1081  standards, shall make studies of emergency-mitigation-related
 1082  matters. The Governor, from time to time, shall make such
 1083  recommendations to the Legislature, local governments, and other
 1084  appropriate public and private entities as may facilitate
 1085  measures for mitigation of the harmful consequences of
 1086  emergencies.
 1087         Section 15. Present subsection (3) of section 252.46,
 1088  Florida Statutes, is redesignated as subsection (6), a new
 1089  subsection (3) and subsections (4) and (5) are added to that
 1090  section, and subsection (2) of that section is amended, to read:
 1091         252.46 Orders and rules.—
 1092         (2) All orders and rules adopted by the division or any
 1093  political subdivision or other agency authorized by ss. 252.31
 1094  252.90 to make orders and rules have full force and effect of
 1095  law after adoption in accordance with the provisions of chapter
 1096  120 in the event of issuance by the division or any state agency
 1097  or, if adopted promulgated by a political subdivision of the
 1098  state or agency thereof, when filed in the office of the clerk
 1099  or recorder of the political subdivision or agency adopting
 1100  promulgating the same. Failure of a political subdivision to
 1101  file any such order or rule with the office of the clerk or
 1102  recorder within 3 days after issuance voids the order or rule.
 1103  All existing laws, ordinances, and rules inconsistent with the
 1104  provisions of ss. 252.31-252.90, or any order or rule issued
 1105  under the authority of ss. 252.31-252.90, must shall be
 1106  suspended during the period of time and to the extent that such
 1107  conflict exists.
 1108         (3) Emergency ordinances, declarations, and orders adopted
 1109  by a political subdivision under the authority of ss. 252.31
 1110  252.90, including those enacted by a municipality pursuant to s.
 1111  166.041(3)(b), must be available on a dedicated webpage
 1112  accessible through a conspicuous link on the political
 1113  subdivision’s homepage. The dedicated webpage must identify the
 1114  emergency ordinances, declarations, and orders currently in
 1115  effect. Each political subdivision adopting emergency
 1116  ordinances, declarations, or orders must provide the division
 1117  with the link to the political subdivision’s dedicated webpage.
 1118  The division must include these links in an easily identifiable
 1119  format on its website.
 1120         (4)(a) An emergency order issued by a political subdivision
 1121  automatically expires 10 days after its issuance; however, such
 1122  an order may be extended before its expiration for 10-day
 1123  periods, subject to ratification by a majority vote of the
 1124  governing body of the political subdivision. In the event the
 1125  governing body of the political subdivision is unable to convene
 1126  before the expiration of the emergency order due to the impacts
 1127  of a hurricane or other weather-related natural disaster, the
 1128  10-day period is tolled until the governing body is able to
 1129  convene. However, an emergency order issued under this section
 1130  may not be in effect for more than 30 days unless the governing
 1131  body approves an extension of the order. The governing body must
 1132  ratify the extension of such order before it expires. Once
 1133  ratified, the emergency order may not be amended or replaced by
 1134  the chief elected officer or chief administrative officer, as
 1135  applicable, without the ratification of the political
 1136  subdivision’s governing body. In the event the governing body
 1137  fails to ratify the extension of the emergency order, the chief
 1138  elected officer or chief administrative officer, as applicable,
 1139  may not reissue the order in response to the same emergency.
 1140         (b) As used in this subsection, the term:
 1141         1. “Chief elected officer” means a mayor, chairperson, or
 1142  other separately elected official designated by a charter
 1143  provision or ordinance of the political subdivision to exercise
 1144  emergency management authority.
 1145         2. “Chief administrative officer” means the county
 1146  administrator, county manager, or such other individual
 1147  designated by ordinance of the political subdivision to exercise
 1148  emergency management authority.
 1149         (c) When meeting in one physical location is prohibited or
 1150  not feasible due to the conditions directly related to the
 1151  declared state of emergency, a public meeting of the governing
 1152  body of a political subdivision held for the limited purpose of
 1153  ratifying the extension of an emergency order under this
 1154  subsection may be conducted via telephone, real-time
 1155  videoconferencing, or similar real-time electronic or video
 1156  communication technology. Any communication technology used must
 1157  be sufficient to permit all interested persons to remotely
 1158  attend the meeting. Any law, charter provision, or ordinance
 1159  requiring a quorum to be present in person or requiring the
 1160  governing body of any political subdivision to meet at a
 1161  specific public place shall be suspended for purposes of such
 1162  meeting. If the public meeting will be held via telephone, real
 1163  time videoconferencing, or similar real-time electronic or video
 1164  communication technology, the meeting notice must include
 1165  information necessary for persons interested in attending the
 1166  meeting to do so, including the places where facilities
 1167  necessary to allow attendance will be available.
 1168         (5) An order issued by a political subdivision pursuant to
 1169  this section which imposes a curfew restricting the travel or
 1170  movement of persons during designated times must nonetheless
 1171  allow persons to travel during the curfew to their places of
 1172  employment to report for work and to return to their residences
 1173  after their work has concluded.
 1174         Section 16. Paragraph (a) of subsection (2) of section
 1175  377.703, Florida Statutes, is amended to read:
 1176         377.703 Additional functions of the Department of
 1177  Agriculture and Consumer Services.—
 1178         (2) DUTIES.—The department shall perform the following
 1179  functions, unless as otherwise provided, consistent with the
 1180  development of a state energy policy:
 1181         (a) The Division of Emergency Management is responsible for
 1182  the development of an energy emergency contingency plan to
 1183  respond to serious shortages of primary and secondary energy
 1184  sources. Upon a finding by the Governor, implementation of any
 1185  emergency program shall be upon order of the Governor that a
 1186  particular kind or type of fuel is, or that the occurrence of an
 1187  event which is reasonably expected within 30 days will make the
 1188  fuel, in short supply. The Division of Emergency Management
 1189  shall then respond by instituting the appropriate measures of
 1190  the contingency plan to meet the given emergency or energy
 1191  shortage. The Governor may utilize the provisions of s.
 1192  252.36(6) s. 252.36(5) to carry out any emergency actions
 1193  required by a serious shortage of energy sources.
 1194         Section 17. Paragraph (c) of subsection (1) and subsection
 1195  (2) of section 381.00315, Florida Statutes, are amended to read:
 1196         381.00315 Public health advisories; public health
 1197  emergencies; isolation and quarantines.—The State Health Officer
 1198  is responsible for declaring public health emergencies, issuing
 1199  public health advisories, and ordering isolation or quarantines.
 1200         (1) As used in this section, the term:
 1201         (c) “Public health emergency” means any occurrence, or
 1202  threat thereof, whether natural or manmade, which results or may
 1203  result in substantial injury or harm to the public health from
 1204  infectious disease, chemical agents, nuclear agents, biological
 1205  toxins, or situations involving mass casualties or natural
 1206  disasters.
 1207         (2)(a) The department shall prepare and maintain a state
 1208  public health emergency management plan to serve as a
 1209  comprehensive guide to public health emergency response in this
 1210  state. The department shall develop the plan in collaboration
 1211  with the Division of Emergency Management, other executive
 1212  agencies with functions relevant to public health emergencies,
 1213  district medical examiners, and national and state public health
 1214  experts and ensure that it integrates and coordinates with the
 1215  public health emergency management plans and programs of the
 1216  Federal Government. The plan must address each element of public
 1217  health emergency planning and incorporate public health and
 1218  epidemiological best practices to ensure that the state is
 1219  prepared for every foreseeable public health emergency. The plan
 1220  must include an assessment of state and local public health
 1221  infrastructure, including information systems, physical plant,
 1222  commodities, and human resources, and an analysis of the
 1223  infrastructure necessary to achieve the level of readiness
 1224  proposed by the plan for short-term and long-term public
 1225  emergencies. Beginning July 1, 2022, the department shall submit
 1226  the plan to the Division of Emergency Management for inclusion
 1227  in the state comprehensive emergency management plan pursuant to
 1228  s. 252.35. The department shall review the plan after the
 1229  declared end of each public health emergency, and, in any event,
 1230  at least every 5 years, and update its terms as necessary to
 1231  ensure continuous planning.
 1232         (b) Before declaring a public health emergency, the State
 1233  Health Officer shall, to the extent possible, consult with the
 1234  Governor and shall notify the Chief of Domestic Security. The
 1235  declaration of a public health emergency shall continue until
 1236  the State Health Officer finds that the threat or danger has
 1237  been dealt with to the extent that the emergency conditions no
 1238  longer exist and he or she terminates the declaration. However,
 1239  a declaration of a public health emergency may not continue for
 1240  longer than 60 days unless the Governor concurs in the renewal
 1241  of the declaration.
 1242         (c) The State Health Officer, upon declaration of a public
 1243  health emergency, shall establish by order the method and
 1244  procedure for identifying and reporting cases and deaths
 1245  involving the infectious disease or other occurrence identified
 1246  as the basis for the declared public health emergency. The
 1247  method and procedure must be consistent with any standards
 1248  developed by the Federal Government specific to the declared
 1249  emergency or, if federal standards do not exist, must be
 1250  consistent with public health best practices as identified by
 1251  the State Health Officer. During the pendency of a public health
 1252  emergency, the department is the sole entity responsible for the
 1253  collection and official reporting and publication of cases and
 1254  deaths. The State Health Officer, by order or emergency rule,
 1255  may ensure necessary assistance from licensed health care
 1256  providers in carrying out this function and may request the
 1257  assistance of district medical examiners in performing this
 1258  function.
 1259         (d) The State Health Officer, upon declaration of a public
 1260  health emergency, may take actions that are necessary to protect
 1261  the public health. Such actions include, but are not limited to:
 1262         1. Establishing screening protocols consistent with s.
 1263  381.00316.
 1264         2. Directing manufacturers of prescription drugs or over
 1265  the-counter drugs who are permitted under chapter 499 and
 1266  wholesalers of prescription drugs located in this state who are
 1267  permitted under chapter 499 to give priority to the shipping of
 1268  specified drugs to pharmacies and health care providers within
 1269  geographic areas that have been identified by the State Health
 1270  Officer. The State Health Officer must identify the drugs to be
 1271  shipped. Manufacturers and wholesalers located in the state must
 1272  respond to the State Health Officer’s priority shipping
 1273  directive before shipping the specified drugs.
 1274         3.2. Notwithstanding chapters 465 and 499 and rules adopted
 1275  thereunder, directing pharmacists employed by the department to
 1276  compound bulk prescription drugs and provide these bulk
 1277  prescription drugs to physicians and nurses of county health
 1278  departments or any qualified person authorized by the State
 1279  Health Officer for administration to persons as part of a
 1280  prophylactic or treatment regimen.
 1281         4.3. Notwithstanding s. 456.036, temporarily reactivating
 1282  the inactive license of the following health care practitioners,
 1283  when such practitioners are needed to respond to the public
 1284  health emergency: physicians licensed under chapter 458 or
 1285  chapter 459; physician assistants licensed under chapter 458 or
 1286  chapter 459; licensed practical nurses, registered nurses, and
 1287  advanced practice registered nurses licensed under part I of
 1288  chapter 464; respiratory therapists licensed under part V of
 1289  chapter 468; and emergency medical technicians and paramedics
 1290  certified under part III of chapter 401. Only those health care
 1291  practitioners specified in this paragraph who possess an
 1292  unencumbered inactive license and who request that such license
 1293  be reactivated are eligible for reactivation. An inactive
 1294  license that is reactivated under this paragraph shall return to
 1295  inactive status when the public health emergency ends or before
 1296  the end of the public health emergency if the State Health
 1297  Officer determines that the health care practitioner is no
 1298  longer needed to provide services during the public health
 1299  emergency. Such licenses may only be reactivated for a period
 1300  not to exceed 90 days without meeting the requirements of s.
 1301  456.036 or chapter 401, as applicable.
 1302         5.4. Ordering an individual to be examined, tested,
 1303  vaccinated, treated, isolated, or quarantined for communicable
 1304  diseases that have significant morbidity or mortality and
 1305  present a severe danger to public health. Individuals who are
 1306  unable or unwilling to be examined, tested, vaccinated, or
 1307  treated for reasons of health, religion, or conscience may be
 1308  subjected to isolation or quarantine.
 1309         a. Examination, testing, vaccination, or treatment may be
 1310  performed by any qualified person authorized by the State Health
 1311  Officer.
 1312         b. If the individual poses a danger to the public health,
 1313  the State Health Officer may subject the individual to isolation
 1314  or quarantine. If there is no practical method to isolate or
 1315  quarantine the individual, the State Health Officer may use any
 1316  means necessary to vaccinate or treat the individual.
 1317         c. Any order of the State Health Officer given to
 1318  effectuate this paragraph is shall be immediately enforceable by
 1319  a law enforcement officer under s. 381.0012.
 1320         (e)(2) Individuals who assist the State Health Officer at
 1321  his or her request on a volunteer basis during a public health
 1322  emergency are entitled to the benefits specified in s.
 1323  110.504(2), (3), (4), and (5).
 1324         Section 18. Section 381.00316, Florida Statutes, is created
 1325  to read:
 1326         381.00316 COVID-19 vaccine documentation.—
 1327         (1) A business entity, as defined in s. 768.38 to include
 1328  any business operating in this state, may not require patrons or
 1329  customers to provide any documentation certifying COVID-19
 1330  vaccination or post-infection recovery to gain access to, entry
 1331  upon, or service from the business operations in this state.
 1332  This subsection does not otherwise restrict businesses from
 1333  instituting screening protocols in accordance with state or
 1334  federal law to protect public health.
 1335         (2) A governmental entity as defined in s. 768.38 may not
 1336  require persons to provide any documentation certifying COVID-19
 1337  vaccination or post-infection recovery to gain access to, entry
 1338  upon, or service from the governmental entity’s operations in
 1339  this state. This subsection does not otherwise restrict
 1340  governmental entities from instituting screening protocols in
 1341  accordance with state or federal law to protect public health.
 1342         (3) An educational institution as defined in s. 768.38 may
 1343  not require students or residents to provide any documentation
 1344  certifying COVID-19 vaccination or post-infection recovery for
 1345  attendance or enrollment, or to gain access to, entry upon, or
 1346  service from such educational institution in this state. This
 1347  subsection does not otherwise restrict educational institutions
 1348  from instituting screening protocols in accordance with state or
 1349  federal law to protect public health.
 1350         (4) The department may impose a fine not to exceed $5,000
 1351  per violation.
 1352         (5) This section does not apply to a health care provider
 1353  as defined in s. 768.38; a service provider licensed or
 1354  certified under s. 393.17, part III of chapter 401, or part IV
 1355  of chapter 468; or a provider with an active health care clinic
 1356  exemption under s. 400.9935.
 1357         (6) The department may adopt rules pursuant to ss. 120.536
 1358  and 120.54 to implement this section.
 1359         Section 19. Subsection (1) of section 406.11, Florida
 1360  Statutes, is amended, and paragraph (c) is added to subsection
 1361  (2) of that section, to read:
 1362         406.11 Examinations, investigations, and autopsies.—
 1363         (1) In any of the following circumstances involving the
 1364  death of a human being, the medical examiner of the district in
 1365  which the death occurred or the body was found shall determine
 1366  the cause of death and certify the death and shall, for that
 1367  purpose, make or perform have performed such examinations,
 1368  investigations, and autopsies as he or she deems shall deem
 1369  necessary or as shall be requested by the state attorney:
 1370         (a) When any person dies in this the state:
 1371         1. Of criminal violence.
 1372         2. By accident.
 1373         3. By suicide.
 1374         4. Suddenly, when in apparent good health.
 1375         5. Unattended by a practicing physician or other recognized
 1376  practitioner.
 1377         6. In any prison or penal institution.
 1378         7. In police custody.
 1379         8. In any suspicious or unusual circumstance.
 1380         9. By criminal abortion.
 1381         10. By poison.
 1382         11. By disease constituting a threat to public health.
 1383         12. By disease, injury, or toxic agent resulting from
 1384  employment.
 1385         (b) When a dead body is brought into this the state without
 1386  proper medical certification.
 1387         (c) When a body is to be cremated, dissected, or buried at
 1388  sea.
 1389         (2)
 1390         (c)A district medical examiner shall assist the State
 1391  Health Officer in identifying and reporting deaths upon a
 1392  request by the State Health Officer under s. 381.00315.
 1393         Section 20. For purposes of this act, all executive orders
 1394  issued pursuant to an emergency declaration by the Governor,
 1395  including through delegated or subdelegated authority, which are
 1396  issued more than 60 days before July 1, 2021, expire upon the
 1397  effective date of this act; however, an expired executive order
 1398  may be reissued for 60-day periods if the emergency conditions
 1399  persist and if the reissued order states with specificity the
 1400  provisions being reissued.
 1401         Section 21. No later than September 30, 2021, the
 1402  Department of Business and Professional Regulation must review
 1403  all executive orders issued under its delegated authority during
 1404  the COVID-19 pandemic and make written recommendations to the
 1405  Legislature regarding any issues that should be codified in law.
 1406         Section 22. Except as otherwise expressly provided in this
 1407  act, this act shall take effect July 1, 2021.