Bill Text: FL S2006 | 2021 | Regular Session | Engrossed
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-Engrossed.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-Engrossed.html
CS for CS for SB 2006 First Engrossed 20212006e1 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. 178 179 Be It Enacted by the Legislature of the State of Florida: 180 181 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 shallmustadopt the plan as a rule in 266 accordance with chapter 120. The plan mustshallbe 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 274shallbe 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. 349 350 The complete state comprehensive emergency management plan must 351shallbe 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 includean 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 residentscitizensto 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 mustshallinclude 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 outthe provisions ofss. 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 diseasesThe528registration program must be developed by January 1, 2015, and529fully 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. 585 586 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,andduring, 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 mustshallbe 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 mustshall666 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. 671The Legislature by concurrent resolution may terminate a state672of emergency at any time. Thereupon, the Governor shall issue an673executive order or proclamation ending the state of emergency.674 All executive orders or proclamations issued under this section 675 mustshallindicate the nature of the emergency, the area or 676 areas threatened, and the conditions whichhavebrought the 677 emergency about or which make possible its termination. An 678 executive order or proclamation mustshallbe 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 mustshallbe filed promptly with the 683 Department of State, the President of the Senate and the Speaker 684 of the House of Representatives, andinthe 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 ensureThese754individuals shall be responsible for ensuringthat 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 specificallyregularlyappropriated 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 801appropriated 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. 945 (3) EMERGENCY MANAGEMENT POWERS; POLITICAL SUBDIVISIONS.— 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 stateby 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 mustshall1046 identify the general location and square footage of special 1047 needs shelters, by regional planning council region, during the1048next 5 years. The plan mustshallalso 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 public1061hurricane evacuation shelter deficits shall be given first1062priority and should be completed by 2003. All recommended1063facilities 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 withthe provisions ofchapter 1096 120 in the event of issuance by the division or any state agency 1097 or, if adoptedpromulgatedby 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 1100promulgatingthe 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 withthe1104provisions ofss. 252.31-252.90, or any order or rule issued 1105 under the authority of ss. 252.31-252.90, mustshallbe 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 areasthat have beenidentified 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 isshall beimmediately 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 performhave performedsuch examinations, 1368 investigations, and autopsies as he or she deemsshall deem1369 necessary or asshall berequested by the state attorney: 1370 (a) When any person dies in thisthestate: 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 thisthestate 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.