Bill Text: FL S2006 | 2021 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Emergency Management
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2021-05-03 - Chapter No. 2021-8 [S2006 Detail]
Download: Florida-2021-S2006-Introduced.html
Bill Title: Emergency Management
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2021-05-03 - Chapter No. 2021-8 [S2006 Detail]
Download: Florida-2021-S2006-Introduced.html
Florida Senate - 2021 SB 2006 By Senator Burgess 20-01293B-21 20212006__ 1 A bill to be entitled 2 An act relating to emergency management; amending s. 3 252.311, F.S.; revising legislative intent with 4 respect to the State Emergency Management Act; 5 amending s. 252.34, F.S.; revising the definition of 6 the term “natural emergency” to include public health 7 emergencies; amending s. 252.35, F.S.; requiring the 8 Division of Emergency Management’s comprehensive 9 emergency plan to include specified provisions 10 regarding public health emergency preparedness, 11 response, recovery, and mitigation; requiring the 12 division to cooperate with the Centers for Disease 13 Control and Prevention; requiring statewide awareness 14 and education programs to include education on public 15 health emergency preparedness and mitigation; 16 requiring the division to complete and maintain an 17 inventory of personal protection equipment; 18 prescribing reporting requirements regarding the 19 inventory; authorizing the division to maintain a list 20 of private entities that can provide personal 21 protective equipment; providing limitations on the 22 timeframe within which the division may delegate or 23 subdelegate certain authorities granted under the 24 State Emergency Management Act; requiring the division 25 to report biennially to the Chief Justice of the 26 Supreme Court on the status of emergency management 27 capabilities; requiring such report to include matters 28 relating to public health emergencies; amending s. 29 252.355, F.S.; requiring the division to maintain 30 certain information on special needs options during 31 certain public health emergencies; deleting obsolete 32 language; amending s. 252.356, F.S.; requiring state 33 agencies that contract with providers for the care of 34 persons with certain disabilities or limitations to 35 include in such contracts a procedure for providing 36 essential services in preparation for, during, and 37 following public health emergencies; amending s. 38 252.359, F.S.; redefining the term “essentials” to 39 include personal protective equipment used during 40 public health emergencies; amending s. 252.36, F.S.; 41 limiting the duration of emergency orders; authorizing 42 such orders to be renewed if certain conditions are 43 met; clarifying that the Governor is responsible for 44 meeting the needs arising out of emergencies 45 consistent with legislative policy and intent; 46 providing a presumption that K-12 public schools 47 should remain open if possible during an extended 48 public health emergency; providing a presumption that 49 businesses should remain open if possible during an 50 extended public health emergency; requiring the 51 Governor to provide specific reasons if such schools 52 or businesses are to close as part of an emergency 53 declaration; requiring the Governor to regularly 54 review and reassess any issued emergency declarations; 55 requiring the Governor to provide notice of 56 declarations of emergencies to the Legislature; 57 expanding the Legislature’s authority to terminate 58 states of emergency; requiring that all emergency 59 declarations and orders be filed with the Division of 60 Administrative Hearings within a specified timeframe; 61 specifying that failure to timely file such 62 declarations or orders results in their being voided; 63 requiring the division to index and make such 64 emergency orders available on its website; providing 65 for retroactive application; limiting the suspension 66 of any regulatory statute during a state of emergency 67 to a specified timeframe; authorizing any such 68 suspensions to be extended for additional timeframes 69 if certain conditions are met; requiring notice to the 70 Legislature if a transfer of direction, personnel, or 71 functions of state departments and agencies is made to 72 facilitate emergency services; amending s. 252.365, 73 F.S.; specifying that disaster preparedness plans of 74 specified agencies must address circumstances 75 including a pandemic or another public health 76 emergency; providing that the baseline of preparedness 77 consider and include rapid and large-scale increases 78 in the public’s access of government services through 79 technology or other means during an emergency; 80 requiring that such plans include the availability and 81 distribution of personal protective equipment; 82 requiring agencies to update disaster preparedness 83 plans on an annual basis; amending s. 252.37, F.S.; 84 requiring that emergency spending from the Budget 85 Stabilization Fund be consistent with legislative 86 policy and intent; requiring the Governor to transfer 87 any such funds within a specified timeframe; requiring 88 such expenditures to be directly related to the 89 disaster or emergency; requiring the state or 90 political subdivision to submit a spending plan for 91 certain emergency funds to the Legislature; amending 92 s. 252.38, F.S.; requiring district school boards to 93 provide facilities and necessary staff for such 94 facilities during public health emergencies; amending 95 s. 252.385, F.S.; requiring the division’s hurricane 96 shelter plan to address hurricane shelter needs during 97 public health emergencies; amending s. 252.44, F.S.; 98 requiring emergency mitigation planning by state 99 agencies to include agencies with jurisdiction over 100 public health; amending 377.703, F.S., conforming a 101 cross-reference; requiring certain budget amendments 102 to be approved by the Legislative Budget Commission, 103 under certain conditions; providing that any emergency 104 orders issued before a specified date will expire but 105 may be reissued if certain conditions exist and a 106 certain requirement is met; providing an effective 107 date. 108 109 Be It Enacted by the Legislature of the State of Florida: 110 111 Section 1. Section 252.311, Florida Statutes, is amended to 112 read: 113 252.311 Legislative intent.— 114 (1) The Legislature finds and declares that the state is 115 vulnerable to a wide range of emergencies, including natural, 116 technological, and manmade disasters, all of which threaten the 117 life, health, and safety of its people; damage and destroy 118 property; disrupt services and everyday business and 119 recreational activities; and impede economic growth and 120 development. The Legislature further finds that this 121 vulnerability is exacerbated by the tremendous growth in the 122 state’s population, especially the growth in the number of 123 persons residing in coastal areas, in the elderly population, in 124 the number of seasonal vacationers, and in the number of persons 125 with special needs. This growth has greatly complicated the 126 state’s ability to coordinate its emergency management resources 127 and activities. 128 (2) It is the intent of the Legislature to reduce the 129 vulnerability of the people and property of this state; to 130 prepare for efficient evacuation and shelter of threatened or 131 affected persons; to provide for the rapid and orderly provision 132 of relief to persons and for the restoration of services and 133 property; to prepare for and efficiently respond to public 134 health emergencies; and to provide for the coordination of 135 activities relating to emergency preparedness, response, 136 recovery, and mitigation among and between agencies and 137 officials of this state, with similar agencies and officials of 138 other states, with local and federal governments, with 139 interstate organizations, and with the private sector. 140 (3) It is further the intent of the Legislature to promote 141 the state’s emergency preparedness, response, recovery, and 142 mitigation capabilities through enhanced coordination, long-term 143 planning, and adequate funding. State policy for responding to 144 disasters is to support local emergency response efforts. In the 145 case of a major or catastrophic disaster, however, the needs of 146 residents and communities will likely be greater than local 147 resources. In these situations, the state must be capable of 148 providing effective, coordinated, and timely support to 149 communities and the public. Therefore, the Legislature hereby 150 determines and declares that the provisions of this act fulfill 151 an important state interest. 152 (4) It is further the intent of the Legislature to minimize 153 the negative effects of an extended emergency, such as a 154 pandemic or another public health emergency. The Legislature 155 recognizes that there are significant negative impacts on 156 children and families associated with school closures during a 157 public health emergency such as the COVID-19 pandemic. The 158 Legislature also recognizes the significant negative impacts of 159 such emergencies on the economy due to business closures. 160 (5) It is further the intent of the Legislature that all 161 aspects of emergency preparedness, response, and recovery be 162 transparent to the public to the greatest extent possible. 163 Section 2. Subsection (8) of section 252.34, Florida 164 Statutes, is amended to read: 165 252.34 Definitions.—As used in this part, the term: 166 (8) “Natural emergency” means an emergency caused by a 167 natural event, including, but not limited to, a public health 168 emergency, a hurricane, a storm, a flood, severe wave action, a 169 drought, or an earthquake. 170 Section 3. Subsection (2) of section 252.35, Florida 171 Statutes, is amended to read: 172 252.35 Emergency management powers; Division of Emergency 173 Management.— 174 (2) The division is responsible for carrying out the 175 provisions of ss. 252.31-252.90. In performing its duties, the 176 division shall: 177 (a) Prepare a state comprehensive emergency management 178 plan, which shall be integrated into and coordinated with the 179 emergency management plans and programs of the Federal 180 Government. The division shallmustadopt the plan as a rule in 181 accordance with chapter 120. The plan mustshallbe implemented 182 by a continuous, integrated comprehensive emergency management 183 program. The plan must contain provisions to ensure that the 184 state is prepared for emergencies and minor, major, and 185 catastrophic disasters, and the division shall work closely with 186 local governments and agencies and organizations with emergency 187 management responsibilities in preparing and maintaining the 188 plan. The state comprehensive emergency management plan must 189shallbe operations oriented and: 190 1. Include an evacuation component that includes specific 191 regional and interregional planning provisions and promotes 192 intergovernmental coordination of evacuation activities. This 193 component must, at a minimum: contain guidelines for lifting 194 tolls on state highways; ensure coordination pertaining to 195 evacuees crossing county lines; set forth procedures for 196 directing people caught on evacuation routes to safe shelter; 197 establish strategies for ensuring sufficient, reasonably priced 198 fueling locations along evacuation routes; and establish 199 policies and strategies for emergency medical evacuations. 200 2. Include a shelter component that includes specific 201 regional and interregional planning provisions and promotes 202 coordination of shelter activities between the public, private, 203 and nonprofit sectors. This component must, at a minimum: 204 contain strategies to ensure the availability of adequate public 205 shelter space in each region of the state; establish strategies 206 for refuge-of-last-resort programs; provide strategies to assist 207 local emergency management efforts to ensure that adequate 208 staffing plans exist for all shelters, including medical and 209 security personnel; provide for a postdisaster communications 210 system for public shelters; establish model shelter guidelines 211 for operations, registration, inventory, power generation 212 capability, information management, and staffing; and set forth 213 policy guidance for sheltering people with special needs. 214 3. Include a postdisaster response and recovery component 215 that includes specific regional and interregional planning 216 provisions and promotes intergovernmental coordination of 217 postdisaster response and recovery activities. This component 218 must provide for postdisaster response and recovery strategies 219 according to whether a disaster is minor, major, or 220 catastrophic. The postdisaster response and recovery component 221 must, at a minimum: establish the structure of the state’s 222 postdisaster response and recovery organization; establish 223 procedures for activating the state’s plan; set forth policies 224 used to guide postdisaster response and recovery activities; 225 describe the chain of command during the postdisaster response 226 and recovery period; describe initial and continuous 227 postdisaster response and recovery actions; identify the roles 228 and responsibilities of each involved agency and organization; 229 provide for a comprehensive communications plan; establish 230 procedures for monitoring mutual aid agreements; provide for 231 rapid impact assessment teams; ensure the availability of an 232 effective statewide urban search and rescue program coordinated 233 with the fire services; ensure the existence of a comprehensive 234 statewide medical care and relief plan administered by the 235 Department of Health; and establish systems for coordinating 236 volunteers and accepting and distributing donated funds and 237 goods. 238 4. Include provisions addressing public health emergency 239 preparedness, response, recovery, and mitigation which must be 240 developed in consultation with the Department of Health, the 241 Agency for Health Care Administration, and other agencies as 242 determined appropriate by the division. 243 5. Include additional provisions addressing aspects of 244 preparedness, response, recovery, and mitigation as determined 245 necessary by the division. 246 6.5.Address the need for coordinated and expeditious 247 deployment of state resources, including the Florida National 248 Guard. In the case of an imminent major disaster, procedures 249 should address predeployment of the Florida National Guard, and, 250 in the case of an imminent catastrophic disaster, procedures 251 should address predeployment of the Florida National Guard and 252 the United States Armed Forces. 253 7.6.Establish a system of communications and warning to 254 ensure that the state’s population and emergency management 255 agencies are warned of developing emergency situations, 256 including public health emergencies, and can communicate 257 emergency response decisions. 258 8.7.Establish guidelines and schedules for annual 259 exercises that evaluate the ability of the state and its 260 political subdivisions to respond to minor, major, and 261 catastrophic disasters and support local emergency management 262 agencies. Such exercises shall be coordinated with local 263 governments and, to the extent possible, the Federal Government. 264 9.8.Assign lead and support responsibilities to state 265 agencies and personnel for emergency support functions and other 266 support activities. 267 268 The complete state comprehensive emergency management plan must 269shallbe submitted to the President of the Senate, the Speaker 270 of the House of Representatives, and the Governor on February 1 271 of every even-numbered year. 272 (b) Adopt standards and requirements for county emergency 273 management plans. The standards and requirements must ensure 274 that county plans are coordinated and consistent with the state 275 comprehensive emergency management plan. If a municipality 276 elects to establish an emergency management program, it must 277 adopt a city emergency management plan that complies with all 278 standards and requirements applicable to county emergency 279 management plans. 280 (c) Assist political subdivisions in preparing and 281 maintaining emergency management plans. 282 (d) Review periodically political subdivision emergency 283 management plans for consistency with the state comprehensive 284 emergency management plan and standards and requirements adopted 285 under this section. 286 (e) Cooperate with the President, the heads of the Armed 287 Forces, the various federal emergency management agencies, the 288 Centers for Disease Control and Prevention, and the officers and 289 agencies of other states in matters pertaining to emergency 290 management in the state and the nation and incidents thereof 291 and, in connection therewith, take any measures that it deems 292 proper to carry into effect any request of the President and the 293 appropriate federal officers and agencies for any emergency 294 management action, including the direction or control of: 295 1. Emergency management drills, tests, or exercises of 296 whatever nature. 297 2. Warnings and signals for tests and drills, attacks, or 298 other imminent emergencies or threats thereof and the mechanical 299 devices to be used in connection with such warnings and signals. 300 (f) Make recommendations to the Legislature, building code 301 organizations, and political subdivisions for zoning, building, 302 and other land use controls; safety measures for securing mobile 303 homes or other nonpermanent or semipermanent structures; and 304 other preparedness, prevention, and mitigation measures designed 305 to eliminate emergencies or reduce their impact. 306 (g) In accordance with the state comprehensive emergency 307 management plan and program for emergency management, ascertain 308 the requirements of the state and its political subdivisions for 309 equipment and supplies of all kinds in the event of an 310 emergency; plan for and either procure supplies, medicines, 311 materials, and equipment or enter into memoranda of agreement or 312 open purchase orders that will ensure their availability; and 313 use and employ from time to time any of the property, services, 314 and resources within the state in accordance with ss. 252.31 315 252.90. 316 (h) Anticipate trends and promote innovations that will 317 enhance the emergency management system. 318 (i) Institute statewide public awareness programs, 319 including. This shall includean intensive public educational 320 campaign on emergency preparedness issues. Such programs must 321 include, including, but need not be limited to, the personal 322 responsibility of individual citizens to be self-sufficient for 323 up to 72 hours following a natural or manmade disaster or a 324 public health emergency. The public educational campaign must 325shallinclude relevant information on public health emergency 326 mitigation, statewide disaster plans, evacuation routes, fuel 327 suppliers, and shelters. All educational materials must be 328 available in alternative formats and mediums to ensure that they 329 are available to persons with disabilities. 330 (j) In cooperation with the Department of Education, 331 coordinate with the Agency for Persons with Disabilities to 332 provide an educational outreach program on disaster preparedness 333 and readiness to individuals who have limited English skills and 334 identify persons who are in need of assistance but are not 335 defined under special-needs criteria. 336 (k) Prepare and distribute to appropriate state and local 337 officials catalogs of federal, state, and private assistance 338 programs. 339 (l) Coordinate federal, state, and local emergency 340 management activities and take all other steps, including the 341 partial or full mobilization of emergency management forces and 342 organizations in advance of an actual emergency, to ensure the 343 availability of adequately trained and equipped forces of 344 emergency management personnel before, during, and after 345 emergencies and disasters. 346 (m) Establish a schedule of fees that may be charged by 347 local emergency management agencies for review of emergency 348 management plans on behalf of external agencies and 349 institutions. In establishing such schedule, the division shall 350 consider facility size, review complexity, and other factors. 351 (n) Implement training programs to improve the ability of 352 state and local emergency management personnel to prepare and 353 implement emergency management plans and programs. This shall 354 include a continuous training program for agencies and 355 individuals that will be called on to perform key roles in state 356 and local postdisaster response and recovery efforts and for 357 local government personnel on federal and state postdisaster 358 response and recovery strategies and procedures. 359 (o) Review periodically emergency operating procedures of 360 state agencies and recommend revisions as needed to ensure 361 consistency with the state comprehensive emergency management 362 plan and program. 363 (p) Make such surveys of industries, resources, and 364 facilities within the state, both public and private, as are 365 necessary to carry out the purposes of ss. 252.31-252.90. 366 (q) Prepare, in advance whenever possible, such executive 367 orders, proclamations, and rules for issuance by the Governor as 368 are necessary or appropriate for coping with emergencies and 369 disasters. 370 (r) Cooperate with the Federal Government and any public or 371 private agency or entity in achieving any purpose of ss. 252.31 372 252.90 and in implementing programs for mitigation, preparation, 373 response, and recovery. 374 (s) Complete an inventory of portable generators owned by 375 the state and local governments which are capable of operating 376 during a major disaster. The inventory must identify, at a 377 minimum, the location of each generator, the number of 378 generators stored at each specific location, the agency to which 379 each generator belongs, the primary use of the generator by the 380 owner agency, and the names, addresses, and telephone numbers of 381 persons having the authority to loan the stored generators as 382 authorized by the division during a declared emergency. 383 (t) Maintain an inventory list of generators owned by the 384 state and local governments. In addition, the division may keep 385 a list of private entities, along with appropriate contact 386 information, which offer generators for sale or lease. The list 387 of private entities shall be available to the public for 388 inspection in written and electronic formats. 389 (u) Complete and maintain an inventory of personal 390 protective equipment owned by the state. The inventory must 391 include projections of the need for additional personal 392 protective equipment, as reported by each government agency, to 393 maintain the inventory and replace expired items. The initial 394 inventory must be reported to the Governor, the Chief Justice of 395 the Supreme Court, the President of the Senate, and the Speaker 396 of the House of Representatives by December 31, 2021, and 397 updated annually thereafter. In addition, the division may keep 398 a list of private entities, along with appropriate contact 399 information, which sell personal protective equipment. The list 400 of private entities must be available to the public for 401 inspection in writing and electronically. 402 (v) Assist political subdivisions with the creation and 403 training of urban search and rescue teams and promote the 404 development and maintenance of a state urban search and rescue 405 program. 406 (w)(v)Delegate, as necessary and appropriate, authority 407 vested in it under ss. 252.31-252.90 and provide for the 408 subdelegation of such authority. Any such delegation or 409 subdelegation during a public health emergency must be limited 410 to no more than 30 days and may be renewed only as necessary. 411 (x)(w)Report biennially to the President of the Senate, 412 the Speaker of the House of Representatives, the Chief Justice 413 of the Supreme Court, and the Governor, no later than February 1 414 of every odd-numbered year, the status of the emergency 415 management capabilities of the state and its political 416 subdivisions. This report must include the emergency management 417 capabilities related to public health emergencies. 418 (y)(x)In accordance with chapter 120, create, implement, 419 administer, adopt, amend, and rescind rules, programs, and plans 420 needed to carry out the provisions of ss. 252.31-252.90 with due 421 consideration for, and in cooperating with, the plans and 422 programs of the Federal Government. In addition, the division 423 may adopt rules in accordance with chapter 120 to administer and 424 distribute federal financial predisaster and postdisaster 425 assistance for prevention, mitigation, preparedness, response, 426 and recovery. 427 (z)(y)Do other things necessary, incidental, or 428 appropriate for the implementation of ss. 252.31-252.90. 429 Section 4. Subsection (2) of section 252.355, Florida 430 Statutes, is amended to read: 431 252.355 Registry of persons with special needs; notice; 432 registration program.— 433 (2) In order to ensure that all persons with special needs 434 may register, the division shall develop and maintain a special 435 needs shelter registration program. In the case of a public 436 health emergency and the need for physical distancing, the 437 division must maintain information on special needs shelter 438 options for such persons which mitigate the threat of the spread 439 of infectious diseasesThe registration program must be440developed by January 1, 2015, and fully implemented by March 1,4412015. 442 (a) The registration program shall include, at a minimum, a 443 uniform electronic registration form and a database for 444 uploading and storing submitted registration forms that may be 445 accessed by the appropriate local emergency management agency. 446 The link to the registration form shall be easily accessible on 447 each local emergency management agency’s website. Upon receipt 448 of a paper registration form, the local emergency management 449 agency shall enter the person’s registration information into 450 the database. 451 (b) To assist in identifying persons with special needs, 452 home health agencies, hospices, nurse registries, home medical 453 equipment providers, the Department of Children and Families, 454 the Department of Health, the Agency for Health Care 455 Administration, the Department of Education, the Agency for 456 Persons with Disabilities, the Department of Elderly Affairs, 457 and memory disorder clinics shall, and any physician licensed 458 under chapter 458 or chapter 459 and any pharmacy licensed under 459 chapter 465 may, annually provide registration information to 460 all of their special needs clients or their caregivers. The 461 division shall develop a brochure that provides information 462 regarding special needs shelter registration procedures. The 463 brochure must be easily accessible on the division’s website. 464 All appropriate agencies and community-based service providers, 465 including aging and disability resource centers, memory disorder 466 clinics, home health care providers, hospices, nurse registries, 467 and home medical equipment providers, shall, and any physician 468 licensed under chapter 458 or chapter 459 may, assist emergency 469 management agencies by annually registering persons with special 470 needs for special needs shelters, collecting registration 471 information for persons with special needs as part of the 472 program intake process, and establishing programs to educate 473 clients about the registration process and disaster preparedness 474 safety procedures. A client of a state-funded or federally 475 funded service program who has a physical, mental, or cognitive 476 impairment or sensory disability and who needs assistance in 477 evacuating, or when in a shelter, must register as a person with 478 special needs. The registration program shall give persons with 479 special needs the option of preauthorizing emergency response 480 personnel to enter their homes during search and rescue 481 operations if necessary to ensure their safety and welfare 482 following disasters. 483 (c) The division shall be the designated lead agency 484 responsible for community education and outreach to the public, 485 including special needs clients, regarding registration and 486 special needs shelters and general information regarding shelter 487 stays. 488 (d) On or before May 31 of each year, each electric utility 489 in the state shall annually notify residential customers in its 490 service area of the availability of the registration program 491 available through their local emergency management agency by: 492 1. An initial notification upon the activation of new 493 residential service with the electric utility, followed by one 494 annual notification between January 1 and May 31; or 495 2. Two separate annual notifications between January 1 and 496 May 31. 497 498 The notification may be made by any available means, including, 499 but not limited to, written, electronic, or verbal notification, 500 and may be made concurrently with any other notification to 501 residential customers required by law or rule. 502 Section 5. Subsection (5) of section 252.356, Florida 503 Statutes, is amended to read: 504 252.356 Emergency and disaster planning provisions to 505 assist persons with disabilities or limitations.—State agencies 506 that contract with providers for the care of persons with 507 disabilities or limitations that make such persons dependent 508 upon the care of others shall include emergency and disaster 509 planning provisions in such contracts at the time the contracts 510 are initiated or upon renewal. These provisions shall include, 511 but shall not be limited to: 512 (5) A procedure for providing the essential services the 513 organization currently provides to special needs clients in 514 preparation for,andduring, and following,a disaster, 515 including, but not limited to, a public health emergency. 516 Section 6. Subsection (2) of section 252.359, Florida 517 Statutes, is amended to read: 518 252.359 Ensuring availability of emergency supplies.— 519 (2) As used in this section, the term “essentials” means 520 goods that are consumed or used as a direct result of a declared 521 emergency, or that are consumed or used to preserve, protect, or 522 sustain life, health, safety, or economic well-being. The term 523 includes personal protective equipment used in the event of a 524 public health emergency. 525 Section 7. Section 252.36, Florida Statutes, is amended to 526 read: 527 252.36 Emergency management powers of the Governor.— 528 (1)(a) The Governor is responsible for meeting the dangers 529 presented to this state and its people by emergencies. In the 530 event of an emergency beyond local control, the Governor,or, in 531 the Governor’s absence, her or his successor as provided by law, 532 may assume direct operational control over all or any part of 533 the emergency management functions within this state, and she or 534 he shall have the power through proper process of law to carry 535 out the provisions of this section consistent with legislative 536 policy and intent. The Governor is authorized to delegate such 537 powers as she or he may deem prudent. 538 (b) Pursuant to the authority vested in her or him under 539 paragraph (a), the Governor may issue executive orders, 540 proclamations, and rulesand may amend or rescind them. Such 541 executive orders, proclamations, and rulesshallhave the force 542 and effect of law and must be limited in duration to no more 543 than 30 days. An executive order, a proclamation, or a rule may 544 be reissued for 30-day periods if the emergency conditions 545 persist. If reissued, the order, proclamation, or rule must 546 state with specificity the provisions that are being reissued. 547 (c) The Legislature intends that, during an extended public 548 health emergency such as the COVID-19 pandemic, there should be 549 a presumption that K-12 public schools, to the greatest extent 550 possible, should remain open so long as the health and safety of 551 students and school personnel can be maintained. The Legislature 552 also intends that during such an event, there should be a 553 presumption that businesses should remain open to the greatest 554 extent possible so long as the health and safety of employees 555 and customers can be reasonably protected. 556 1. If the Governor declares by executive order or 557 proclamation that the emergency requires closure of or 558 restricted in-person attendance at K-12 public schools, the 559 executive order or proclamation must contain specific reasons 560 for those determinations, and he or she must review and reassess 561 the situation regularly. 562 2. If the Governor declares by executive order or 563 proclamation that the emergency requires businesses to have 564 restricted operations or closures, the executive order or 565 proclamation must contain specific reasons for those 566 determinations, and he or she must review and reassess the 567 situation regularly. 568 (2) A state of emergency mustshallbe declared by 569 executive order or proclamation of the Governor if she or he 570 finds an emergency has occurred or that the occurrence or the 571 threat thereof is imminent. The state of emergency mustshall572 continue until the Governor finds that the threat or danger has 573 been dealt with to the extent that the emergency conditions no 574 longer exist and she or he terminates the state of emergency by 575 executive order or proclamation, but no state of emergency may 576 continue for longer than 60 days unless renewed by the Governor. 577The Legislature by concurrent resolution may terminate a state578of emergency at any time. Thereupon, the Governor shall issue an579executive order or proclamation ending the state of emergency.580 All executive orders or proclamations issued under this section 581 mustshallindicate the nature of the emergency, the area or 582 areas threatened, and the conditions which have brought the 583 emergency about or which make possible its termination. An 584 executive order or proclamation mustshallbe promptly 585 disseminated by means calculated to bring its contents to the 586 attention of the general public; and, unless the circumstances 587 attendant upon the emergency prevent or impede such filing, the 588 order or proclamation mustshallbe filed promptly with the 589 Department of State, the President of the Senate and the Speaker 590 of the House of Representatives, andinthe offices of the 591 county commissioners in the counties to which the order or 592 proclamation applies. 593 (3)(a) At any time, the Legislature, by concurrent 594 resolution, may terminate a state of emergency or any specific 595 order or directive thereunder. Upon such concurrent resolution, 596 the Governor shall issue an executive order or proclamation 597 consistent with the concurrent resolution. 598 (b) Notwithstanding s. 252.46(2), all emergency 599 declarations and orders, regardless of how titled, issued under 600 the authority of this part by the Governor or any agency, 601 whether by direct, delegated, or subdelegated authority, before, 602 during, or after a declared emergency must be immediately filed 603 with the Division of Administrative Hearings. Failure to file 604 any such declaration or order with the division within 3 days 605 after issuance voids the declaration or order. The division 606 shall index all such declarations and orders and make them 607 available in searchable format on its website. The index must 608 include a search category that specifically identifies emergency 609 orders that are in effect at any given time. This subsection 610 applies retroactively to all executive emergency declarations 611 and orders that are in effect when this subsection takes effect. 612 (4) An executive order or proclamation of a state of 613 emergency mustshall: 614 (a) Activate the emergency mitigation, response, and 615 recovery aspects of the state, local, and interjurisdictional 616 emergency management plans applicable to the political 617 subdivision or area in question; and 618 (b) Be authority for the deployment and use of any forces 619 to which the plan or plans apply and for the use or distribution 620 of any supplies, equipment, and materials and facilities 621 assembled, stockpiled, or arranged to be made available pursuant 622 to ss. 252.31-252.90 or any other provision of law relating to 623 emergencies. 624 (c) Identify whether the state of emergency is due to a 625 minor, major, or catastrophic disaster. 626 1. For a major or catastrophic disaster, the proclamation 627 is authority for a health care practitioner licensed in another 628 state to assist in providing health care in the disaster area 629 according to the provisions specified in the proclamation. 630 2. For a catastrophic disaster, the proclamation 631 constitutes a formal request for mobilization of the military, 632 which shall be communicated to the President of the United 633 States. 634 (5)(4)During the continuance of a state of emergency, the 635 Governor is commander in chief of the Florida National Guard and 636 of all other forces available for emergency duty. To the 637 greatest extent practicable, the Governor shall delegate or 638 assign command authority by prior arrangement embodied in 639 appropriate executive orders or rules, but nothing herein 640 restricts the Governor’s authority to do so by orders issued at 641 the time of the emergency. 642 (6)(5)In addition to any other powers conferred upon the 643 Governor by law, she or he may: 644 (a) Suspend the provisions of any regulatory statute 645 prescribing the procedures for conduct of state business or the 646 orders or rules of any state agency, if strict compliance with 647 the provisions of any such statute, order, or rule would in any 648 way prevent, hinder, or delay necessary action in coping with 649 the emergency. Any such suspension must be consistent with 650 legislative policy and intent and must expire no later than 30 651 days after the initial suspension. The suspension may be 652 reissued for subsequent periods, not to exceed 30 days for each 653 reissuance, if the conditions underlying the emergency continue. 654 (b) UseUtilizeall available resources of the state 655 government and of each political subdivision of the state, as 656 reasonably necessary, to respond tocope withthe emergency. 657 (c) Transfer the direction, personnel, or functions of 658 state departments and agencies or units thereof for the purpose 659 of performing or facilitating emergency services. Any such 660 transfer must be promptly reported to the President of the 661 Senate and the Speaker of the House of Representatives on a 662 monthly basis until such transfer ceases. The monthly reports 663 must be cumulative. 664 (d) Subject to any applicable requirements for compensation 665 under s. 252.43, commandeer or useutilizeany private property 666 if she or he finds this necessary to adequately respond tocope667withthe emergency. 668 (e) Direct and compel the evacuation of all or part of the 669 population from any stricken or threatened area within the state 670 if she or he deems this action necessary for the preservation of 671 life or other emergency mitigation, response, or recovery. 672 (f) Prescribe routes, modes of transportation, and 673 destinations in connection with evacuation. 674 (g) Control ingress and egress to and from an emergency 675 area, the movement of persons within the area, and the occupancy 676 of premises therein. 677 (h) Suspend or limit the sale, dispensing, or 678 transportation of alcoholic beverages, firearms, explosives, and 679 combustibles. However, nothing contained in ss. 252.31-252.90 680 shall be construed to authorize the seizure, taking, or 681 confiscation of firearms that are lawfully possessed, unless a 682 person is engaged in the commission of a criminal act. 683 (i) Make provision for the availability and use of 684 temporary emergency housing. 685 (j) Take effective measures for limiting or suspending 686 lighting devices and appliances, gas and water mains, electric 687 power distribution, and all other utility services in the 688 general public interest. 689 (k) Take measures concerning the conduct of civilians, the 690 movement and cessation of movement of pedestrian and vehicular 691 traffic prior to, during, and subsequent to drills and actual or 692 threatened emergencies, the calling of public meetings and 693 gatherings, and the evacuation and reception of civilian 694 population, as provided in the emergency management plan of the 695 state and political subdivisions thereof. 696 (l) Authorize the use of forces already mobilized as the 697 result of an executive order, rule, or proclamation to assist 698 the private citizens of the state in cleanup and recovery 699 operations during emergencies when proper permission to enter 700 onto or into private property has been obtained from the 701 property owner. The provisions of s. 768.28(9) apply to this 702 paragraph. 703 (m) Authorize businesses and their employees who sell 704 commodities as defined in s. 501.160(1)(a) to exceed the times 705 of curfews for the purpose of ensuring that the supplies of 706 commodities are made available to the public and direct local 707 law enforcement to assist and accommodate those businesses and 708 their employees in ensuring that commodities are available in 709 coping with the emergency. 710 (n) By executive order, authorize the operator of solid 711 waste disposal facilities to extend operating hours to ensure 712 the health, safety, and welfare of the general public. 713 (o) Waive the patient eligibility requirements of s. 714 465.1902. 715 (7)(6)The Governor shall take such action and give such 716 direction to state and local law enforcement officers and 717 agencies as may be reasonable and necessary for the purpose of 718 securing compliance with the provisions of ss. 252.31-252.90 and 719 with the orders and rules made pursuant thereto. 720 (8)(7)The Governor shall employ such measures and give 721 such directions to the Department of Health and the Agency for 722 Health Care Administration as may be reasonably necessary for 723 the purpose of securing compliance with the provisions of ss. 724 252.31-252.90 or with the findings or recommendations of such 725 agency of health by reason of conditions arising from 726 emergencies or threats of emergency. 727 (9)(8)The Governor shall delegate emergency 728 responsibilities to the officers and agencies of the state and 729 of the political subdivisions thereof prior to an emergency or 730 threat of an emergency and shall utilize the services and 731 facilities of existing officers and agencies of the state and of 732 the political subdivisions thereof, including their personnel 733 and other resources, as the primary emergency management forces 734 of the state, and all such officers and agencies shall cooperate 735 with and extend their services and facilities to the division, 736 as it may require. 737 (10)(9)The Governor and the division shall establish 738 agencies and offices and appoint executive, professional, 739 technical, clerical, and other personnel as may be necessary to 740 carry out the provisions of ss. 252.31-252.90. 741 (11)(10)The Governor shall formulate and execute plans and 742 rules for the control of traffic in order to provide for the 743 rapid and safe movement or evacuation over public highways and 744 streets of people, troops, or vehicles and materials for 745 national defense or for use in any defense industry and may 746 coordinate the activities of the departments or agencies of the 747 state and the political subdivisions thereof concerned directly 748 or indirectly with public highways and streets in a manner which 749 will best effectuate such plans. 750 Section 8. Subsection (3) of section 252.365, Florida 751 Statutes, is amended to read: 752 252.365 Emergency coordination officers; disaster 753 preparedness plans.— 754 (3) The emergency coordination officers shall ensureThese755individuals shall be responsible for ensuringthat each state 756 agency and facility, such as a prison, office building, or 757 university, has a disaster preparedness plan that is coordinated 758 with the applicable local emergency-management agency and 759 approved by the division. 760 (a) The disaster-preparedness plan must outline a 761 comprehensive and effective program to ensure continuity of 762 essential state functions under all circumstances, including a 763 pandemic or another public health emergency. The plan must 764 identify a baseline of preparedness for a full range of 765 potential emergencies to establish a viable capability to 766 perform essential functions during any emergency or other 767 situation that disrupts normal operations. This baseline must 768 consider and include preparedness for rapid and large-scale 769 increases in the public’s need to access government services 770 through technology or other means during an emergency such as 771 the COVID-19 pandemic. 772 (b) The plan must include, at a minimum, the following 773 elements: identification of essential functions, programs, and 774 personnel; procedures to implement the plan and personnel 775 notification and accountability; delegations of authority and 776 lines of succession; identification of alternative facilities 777 and related infrastructure, including those for communications; 778 identification and protection of vital records and databases; 779 provisions regarding the availability of, and distribution plans 780 for, personal protective equipment; and schedules and procedures 781 for periodic tests, training, and exercises. 782 (c) The division shall develop and distribute guidelines 783 for developing and implementing the plan. By December 31 of each 784 year, each agency must update its plan to include provisions 785 related to preparation for pandemics and other public health 786 emergencies. 787 Section 9. Section 252.37, Florida Statutes, is amended to 788 read: 789 252.37 Financing.— 790 (1) The Legislature intends and declares it to be the 791 policy of the state that funds to meet emergencies shall always 792 be available. 793 (2) It is the legislative intent that the first recourse be 794 made to funds regularly appropriated to state and local 795 agencies. If the Governor finds that the demands placed upon 796 these funds in coping with a particular disaster declared by the 797 Governor as a state of emergency are unreasonably great, she or 798 he may make funds available by transferring and expending moneys 799 appropriated for other purposes or,by transferring and 800 expending moneys out of any unappropriated surplus funds,or 801 from the Budget Stabilization Fund consistent with legislative 802 policy and intent. Following the expiration or termination of 803 the state of emergency, or 6 months after the expiration or 804 termination of the initial state of emergency, whichever occurs 805 earlier, the Governor may transfer moneys with a budget 806 amendment, subject to approval, in whole or in part, by the 807 Legislative Budget Commission, to satisfy the budget authority 808 granted for such emergency. The expenditures supporting the 809 amendment must be directly related to the stated disaster or 810 emergency. 811 (3)Nothing contained inThis section may notshallbe 812 construed to limit the authority of the Governor to apply for, 813 administer, and expend any grants, gifts, or payments in aid of 814 emergency prevention, mitigation, preparedness, response, or 815 recovery. 816 (4)(a) Whenever the Federal Government or any agency or 817 officer thereof offers to the state or, through the state, to 818 any political subdivision thereof services, equipment, supplies, 819 materials, or funds by way of gift, grant, or loan for the 820 purposes of emergency management or recovery, the state, acting 821 through the division, or such political subdivision, acting with 822 the consent of the Governor or the Governor’s authorized 823 representative, may accept such offer. Upon such acceptance, the 824 division or the presiding officer or governing body of such 825 political subdivision may authorize receipt of the gift, grant, 826 or loan on behalf of the state or such political subdivision, 827 subject to the terms of the offer and the rules and regulations 828 of the agency making the offer. 829 (b) Whenever any person, firm, or corporation offers to the 830 state or to any political subdivision thereof services, 831 equipment, supplies, materials, or funds by way of gift, grant, 832 loan, or other agreement for the purpose of emergency 833 management, the state, acting through the division, or such 834 political subdivision, acting through its governing body or a 835 local emergency management agency, may accept such offer. Upon 836 such acceptance, the division or the presiding officer or 837 governing body of the political subdivision may authorize 838 receipt of the gift, grant, or loan on behalf of the state or 839 such political subdivision, subject to the terms of the offer. 840 (5) Unless otherwise specified in the General 841 Appropriations Act: 842 (a) Whenever the state accepts financial assistance from 843 the Federal Government or its agencies under the federal Public 844 Assistance Program and such financial assistance is conditioned 845 upon a requirement for matching funds, the state shall provide 846 the entire match requirement for state agencies and one-half of 847 the required match for grants to local governments. The affected 848 local government shall be required to provide one-half of the 849 required match prior to receipt of such financial assistance. 850 (b) The Executive Office of the Governor may approve a 851 waiver, subject to the requirement for legislative notice and 852 review under s. 216.177, of all or a portion of the required 853 match for public assistance projects for local governments if 854 the Executive Office of the Governor determines that such a 855 match requirement cannot be provided, or that doing so would 856 impose a documented hardship on the local government, and if the 857 local government applies for the waiver within the first 18 858 months after the disaster is declared. 859 (6) Whenever the state accepts financial assistance from 860 the Federal Government or its agencies under the federal Hazard 861 Mitigation Assistance Grant Program and such financial 862 assistance is conditioned upon a requirement for matching funds, 863 the eligible subgrantee recipient shall be required to provide 864 the full amount of the required match prior to receipt of such 865 financial assistance unless otherwise specified in the General 866 Appropriations Act. 867 868 The agency or political subdivision must submit in advance a 869 detailed spending plan for any such grants, gifts, loans, funds, 870 payments, services, equipment, supplies, or materials in aid of 871 or for the purpose of emergency prevention, management, 872 mitigation, preparedness, response, or recovery received under 873 this section to the President of the Senate, the Speaker of the 874 House of Representatives, and the chairs of the legislative 875 appropriations committees. If an emergency situation precludes 876 the timely advanced submission of a detailed spending plan, the 877 plan must be submitted as soon as practicable, but no later than 878 30 days after initiation of any expenditures and continuing 879 every 30 days so long as the emergency continues and funds 880 continue to be disbursed. 881 Section 10. Paragraph (d) of subsection (1) of section 882 252.38, Florida Statutes, is amended to read: 883 252.38 Emergency management powers of political 884 subdivisions.—Safeguarding the life and property of its citizens 885 is an innate responsibility of the governing body of each 886 political subdivision of the state. 887 (1) COUNTIES.— 888 (d) During a declared state or local emergency, including a 889 public health emergency, and upon the request of the director of 890 a local emergency management agency, the district school board 891 or school boards in the affected area shall participate in 892 emergency management by providing facilities and necessary 893 personnel to staff such facilities. Each school board providing 894 transportation assistance in an emergency evacuation shall 895 coordinate the use of its vehicles and personnel with the local 896 emergency management agency. 897 Section 11. Subsections (1), (2), and (3) of section 898 252.385, Florida Statutes, are amended to read: 899 252.385 Public shelter space.— 900 (1) It is the intent of the Legislature that this state not 901 have a deficit of safe public hurricane evacuation shelter space 902 in any region of the stateby 1998 and thereafter. 903 (2)(a) The division shall administer a program to survey 904 existing schools, universities, community colleges, and other 905 state-owned, municipally owned, and county-owned public 906 buildings and any private facility that the owner, in writing, 907 agrees to provide for use as a public hurricane evacuation 908 shelter to identify those that are appropriately designed and 909 located to serve as such shelters. The owners of the facilities 910 must be given the opportunity to participate in the surveys. The 911 state university boards of trustees, district school boards, 912 community college boards of trustees, and the Department of 913 Education are responsible for coordinating and implementing the 914 survey of public schools, universities, and community colleges 915 with the division or the local emergency management agency. 916 (b) By January 31 of each even-numbered year, the division 917 shall prepare and submit a statewide emergency shelter plan to 918 the Governor and Cabinet for approval, subject to the 919 requirements for approval in s. 1013.37(2). The emergency 920 shelter plan must address the hurricane shelter needs of the 921 state, including during times of a concurrent public health 922 emergency that necessitates more space for each individual in 923 such shelters to accommodate physical distancing. In addition to 924 information on the general shelter needs throughout this state, 925 the plan mustshallidentify the general location and square 926 footage of special needs shelters, by regional planning council 927 region, during the next 5 years. The plan mustshallalso 928 include information on the availability of shelters that accept 929 pets. The Department of Health shall assist the division in 930 determining the estimated need for special needs shelter space 931 and the adequacy of facilities to meet the needs of persons with 932 special needs based on information from the registries of 933 persons with special needs and other information. 934 (3) The division shall annually provide to the President of 935 the Senate, the Speaker of the House of Representatives, and the 936 Governor a list of facilities recommended to be retrofitted 937 using state funds. State funds should be maximized and targeted 938 to regional planning council regions with hurricane evacuation 939 shelter deficits.Retrofitting facilities in regions with public940hurricane evacuation shelter deficits shall be given first941priority and should be completed by 2003. All recommended942facilities should be retrofitted by 2008.The owner or lessee of 943 a public hurricane evacuation shelter that is included on the 944 list of facilities recommended for retrofitting is not required 945 to perform any recommended improvements. 946 Section 12. Subsection (1) of section 252.44, Florida 947 Statutes, is amended to read: 948 252.44 Emergency mitigation.— 949 (1) In addition to prevention measures included in the 950 state and local comprehensive emergency management plans, the 951 Governor shall consider on a continuing basis steps that could 952 be taken to mitigate the harmful consequences of emergencies. At 953 the Governor’s direction and pursuant to any other authority and 954 competence they have, state agencies, including, but not limited 955 to, those charged with responsibilities in connection with 956 protecting and maintaining the public health, flood plain 957 management, stream encroachment and flow regulation, weather 958 modification, fire prevention and control, air quality, public 959 works, land use and land use planning, and construction 960 standards, shall make studies of emergency-mitigation-related 961 matters. The Governor, from time to time, shall make such 962 recommendations to the Legislature, local governments, and other 963 appropriate public and private entities as may facilitate 964 measures for mitigation of the harmful consequences of 965 emergencies. 966 Section 13. Paragraph (a) of subsection (2) of section 967 377.703, Florida Statutes, is amended to read: 968 377.703 Additional functions of the Department of 969 Agriculture and Consumer Services.— 970 (2) DUTIES.—The department shall perform the following 971 functions, unless as otherwise provided, consistent with the 972 development of a state energy policy: 973 (a) The Division of Emergency Management is responsible for 974 the development of an energy emergency contingency plan to 975 respond to serious shortages of primary and secondary energy 976 sources. Upon a finding by the Governor, implementation of any 977 emergency program shall be upon order of the Governor that a 978 particular kind or type of fuel is, or that the occurrence of an 979 event which is reasonably expected within 30 days will make the 980 fuel, in short supply. The Division of Emergency Management 981 shall then respond by instituting the appropriate measures of 982 the contingency plan to meet the given emergency or energy 983 shortage. The Governor may utilize the provisions of s. 984 252.36(6)s. 252.36(5)to carry out any emergency actions 985 required by a serious shortage of energy sources. 986 Section 14. Notwithstanding the requirements of s. 252.37, 987 Florida Statutes, as amended by this act, and for purposes of 988 the declaration of emergency issued by the Governor for the 989 COVID-19 pandemic, any budget amendment submitted in accordance 990 with s. 252.37, Florida Statutes, upon the effective date of 991 this act is subject to approval, in whole or in part, by the 992 Legislative Budget Commission. 993 Section 15. For purposes of this act, all executive orders 994 issued pursuant to an emergency declaration by the Governor, 995 including through delegated or subdelegated authority, which are 996 issued more than 30 days before July 1, 2021, will expire upon 997 the effective date of this act; however, an expired executive 998 order may be reissued for 30-day periods if the emergency 999 conditions persist, and if the reissued order states with 1000 specificity the provisions that are being reissued. 1001 Section 16. This act shall take effect July 1, 2021.