Florida Senate - 2022                                    SB 1628
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-00245A-22                                          20221628__
    1                        A bill to be entitled                      
    2         An act relating to emergency management; amending s.
    3         252.36, F.S.; authorizing the Legislature, by
    4         concurrent resolution, to declare a state of emergency
    5         if certain conditions exist; requiring the Governor to
    6         comply with specified provisions of ch. 252, F.S.,
    7         upon a legislatively declared state of emergency;
    8         providing that the state of emergency continues for a
    9         specified timeframe if specified conditions exist;
   10         providing a limit on the duration of the state of
   11         emergency unless renewed by the Legislature; providing
   12         requirements for the concurrent resolution; requiring
   13         the Legislature to disseminate such concurrent
   14         resolution to the general public; requiring the
   15         concurrent resolution to be filed with specified
   16         entities; providing an exception; authorizing the
   17         Governor or any member of the Cabinet to petition the
   18         Supreme Court to review such concurrent resolution for
   19         compliance with the act; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsection (2) of section 252.36, Florida
   24  Statutes, is amended to read:
   25         252.36 Emergency management powers of the Governor.—
   26         (2)(a) A state of emergency must be declared by executive
   27  order or proclamation of the Governor if she or he finds an
   28  emergency has occurred or that the occurrence or the threat
   29  thereof is imminent. The state of emergency must continue until
   30  the Governor finds that the threat or danger has been dealt with
   31  to the extent that the emergency conditions no longer exist and
   32  she or he terminates the state of emergency by executive order
   33  or proclamation, but a no state of emergency may not continue
   34  for longer than 60 days unless renewed by the Governor. All
   35  executive orders or proclamations issued under this paragraph
   36  section must indicate the nature of the emergency, the area or
   37  areas threatened, and the conditions that which brought the
   38  emergency about or that which make possible its termination. An
   39  executive order or proclamation must be promptly disseminated by
   40  means calculated to bring its contents to the attention of the
   41  general public; and, unless the circumstances attendant upon the
   42  emergency prevent or impede such filing, the order or
   43  proclamation must be filed promptly with the Department of
   44  State, the President of the Senate and the Speaker of the House
   45  of Representatives, and the offices of the county commissioners
   46  in the counties to which the order or proclamation applies.
   47         (b)1. Upon a determination by the Legislature that the
   48  Governor has failed to exercise her or his authority to declare
   49  a state of emergency as provided in paragraph (a), the
   50  Legislature, by concurrent resolution, may declare a state of
   51  emergency. If the Legislature declares a state of emergency, the
   52  Governor must comply with the provisions of ss. 252.31-252.90.
   53  The state of emergency must continue until the Legislature finds
   54  that the threat or danger has been dealt with to the extent that
   55  the emergency conditions no longer exist and the Legislature
   56  terminates the state of emergency by concurrent resolution, but
   57  a state of emergency may not continue for longer than 60 days
   58  unless renewed by the Legislature by concurrent resolution. A
   59  concurrent resolution issued under this paragraph must indicate
   60  the nature of the emergency, the legislative findings related to
   61  the emergency, the area or areas threatened, the conditions that
   62  created the emergency, and, if applicable, the conditions that
   63  make possible its termination. The concurrent resolution must be
   64  promptly disseminated by means calculated to bring its contents
   65  to the attention of the general public; and, unless the
   66  circumstances attendant upon the emergency prevent or impede
   67  such filing, the concurrent resolution must be filed promptly
   68  with the Executive Office of the Governor, the Department of
   69  State, and the offices of the county commissioners in the
   70  counties to which the concurrent resolution applies.
   71         2. The Governor or any member of the Cabinet may petition
   72  the Supreme Court requesting review of the concurrent resolution
   73  declaring a state of emergency for compliance with this
   74  paragraph.
   75         Section 2. This act shall take effect July 1, 2022.