Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1924
       
       
       
       
       
       
                                Ì741906/Î741906                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Community Affairs (Diaz) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 252.38, Florida Statutes, is amended to
    6  read:
    7         252.38 Emergency management powers of political
    8  subdivisions.—Safeguarding the life and property of its citizens
    9  is an innate responsibility of the governing body of each
   10  political subdivision of the state. However, political
   11  subdivisions are given police powers to preserve, not impair,
   12  private rights. Therefore, a political subdivision that deprives
   13  any person of a constitutional right, fundamental liberty,
   14  statutory right, or property to address a purported emergency
   15  bears the burden of proving that the exercise of police power is
   16  narrowly tailored, serves a compelling governmental interest,
   17  and accomplishes the intended goal through the use of the least
   18  intrusive means.
   19         (1) COUNTIES.—
   20         (a) In order to provide effective and orderly governmental
   21  control and coordination of emergency operations in emergencies
   22  within the scope of ss. 252.31-252.90, each county within this
   23  state shall be within the jurisdiction of, and served by, the
   24  division. Except as otherwise provided in ss. 252.31-252.90,
   25  each local emergency management agency shall have jurisdiction
   26  over and serve an entire county. Unless part of an
   27  interjurisdictional emergency management agreement entered into
   28  pursuant to paragraph (3)(b) which is recognized by the Governor
   29  by executive order or rule, each county must establish and
   30  maintain such an emergency management agency and shall develop a
   31  county emergency management plan and program that is coordinated
   32  and consistent with the state comprehensive emergency management
   33  plan and program. Counties that are part of an
   34  interjurisdictional emergency management agreement entered into
   35  pursuant to paragraph (3)(b) which is recognized by the Governor
   36  by executive order or rule shall cooperatively develop an
   37  emergency management plan and program that is coordinated and
   38  consistent with the state comprehensive emergency management
   39  plan and program.
   40         (b) Each county emergency management agency created and
   41  established pursuant to ss. 252.31-252.90 shall have a director.
   42  The director must meet the minimum training and education
   43  qualifications established in a job description approved by the
   44  county. The director shall be appointed by the board of county
   45  commissioners or the chief administrative officer of the county,
   46  as described in chapter 125 or the county charter, if
   47  applicable, to serve at the pleasure of the appointing
   48  authority, in conformance with applicable resolutions,
   49  ordinances, and laws. A county constitutional officer, or an
   50  employee of a county constitutional officer, may be appointed as
   51  director following prior notification to the division. Each
   52  board of county commissioners shall promptly inform the division
   53  of the appointment of the director and other personnel. Each
   54  director has direct responsibility for the organization,
   55  administration, and operation of the county emergency management
   56  agency. The director shall coordinate emergency management
   57  activities, services, and programs within the county and shall
   58  serve as liaison to the division and other local emergency
   59  management agencies and organizations.
   60         (c) Each county emergency management agency shall perform
   61  emergency management functions within the territorial limits of
   62  the county within which it is organized and, in addition, shall
   63  conduct such activities outside its territorial limits as are
   64  required pursuant to ss. 252.31-252.90 and in accordance with
   65  state and county emergency management plans and mutual aid
   66  agreements. Counties shall serve as liaison for and coordinator
   67  of municipalities’ requests for state and federal assistance
   68  during postdisaster emergency operations.
   69         (d) During a declared state or local emergency and upon the
   70  request of the director of a local emergency management agency,
   71  the district school board or school boards in the affected area
   72  shall participate in emergency management by providing
   73  facilities and necessary personnel to staff such facilities.
   74  Each school board providing transportation assistance in an
   75  emergency evacuation shall coordinate the use of its vehicles
   76  and personnel with the local emergency management agency.
   77         (e) County emergency management agencies may charge and
   78  collect fees for the review of emergency management plans on
   79  behalf of external agencies and institutions. Fees must be
   80  reasonable and may not exceed the cost of providing a review of
   81  emergency management plans in accordance with fee schedules
   82  established by the division.
   83         (2) MUNICIPALITIES.—Legally constituted municipalities are
   84  authorized and encouraged to create municipal emergency
   85  management programs. Municipal emergency management programs
   86  shall coordinate their activities with those of the county
   87  emergency management agency. Municipalities without emergency
   88  management programs shall be served by their respective county
   89  agencies. If a municipality elects to establish an emergency
   90  management program, it must comply with all laws, rules, and
   91  requirements applicable to county emergency management agencies.
   92  Each municipal emergency management plan must be consistent with
   93  and subject to the applicable county emergency management plan.
   94  In addition, each municipality must coordinate requests for
   95  state or federal emergency response assistance with its county.
   96  This requirement does not apply to requests for reimbursement
   97  under federal public disaster assistance programs.
   98         (3) EMERGENCY MANAGEMENT POWERS; POLITICAL SUBDIVISIONS.—
   99         (a) In carrying out the provisions of ss. 252.31-252.90,
  100  each political subdivision shall have the power and authority:
  101         1. To appropriate and expend funds; make contracts; obtain
  102  and distribute equipment, materials, and supplies for emergency
  103  management purposes; provide for the health and safety of
  104  persons and property, including emergency assistance to the
  105  victims of any emergency; and direct and coordinate the
  106  development of emergency management plans and programs in
  107  accordance with the policies and plans set by the federal and
  108  state emergency management agencies.
  109         2. To appoint, employ, remove, or provide, with or without
  110  compensation, coordinators, rescue teams, fire and police
  111  personnel, and other emergency management workers.
  112         3. To establish, as necessary, a primary and one or more
  113  secondary emergency operating centers to provide continuity of
  114  government and direction and control of emergency operations.
  115         4. To assign and make available for duty the offices and
  116  agencies of the political subdivision, including the employees,
  117  property, or equipment thereof relating to firefighting,
  118  engineering, rescue, health, medical and related services,
  119  police, transportation, construction, and similar items or
  120  services for emergency operation purposes, as the primary
  121  emergency management forces of the political subdivision for
  122  employment within or outside the political limits of the
  123  subdivision.
  124         5. To request state assistance or invoke emergency-related
  125  mutual-aid assistance by declaring a state of local emergency in
  126  the event of an emergency affecting only one political
  127  subdivision. The duration of each state of emergency declared
  128  locally is limited to 7 days; it may be extended, as necessary,
  129  in 7-day increments. Further, the political subdivision has the
  130  power and authority to waive the procedures and formalities
  131  otherwise required of the political subdivision by law
  132  pertaining to:
  133         a. Performance of public work and taking whatever prudent
  134  action is necessary to ensure the health, safety, and welfare of
  135  the community.
  136         b. Entering into contracts.
  137         c. Incurring obligations.
  138         d. Employment of permanent and temporary workers.
  139         e. Utilization of volunteer workers.
  140         f. Rental of equipment.
  141         g. Acquisition and distribution, with or without
  142  compensation, of supplies, materials, and facilities.
  143         h. Appropriation and expenditure of public funds.
  144         (b) Upon the request of two or more adjoining counties, or
  145  if the Governor finds that two or more adjoining counties would
  146  be better served by an interjurisdictional arrangement than by
  147  maintaining separate emergency management agencies and services,
  148  the Governor may delineate by executive order or rule an
  149  interjurisdictional area adequate to plan for, prevent,
  150  mitigate, or respond to emergencies in such area and may direct
  151  steps to be taken as necessary, including the creation of an
  152  interjurisdictional relationship, a joint emergency plan, a
  153  provision for mutual aid, or an area organization for emergency
  154  planning and services. A finding of the Governor pursuant to
  155  this paragraph shall be based on one or more factors related to
  156  the difficulty of maintaining an efficient and effective
  157  emergency prevention, mitigation, preparedness, response, and
  158  recovery system on a unijurisdictional basis, such as:
  159         1. Small or sparse population.
  160         2. Limitations on public financial resources severe enough
  161  to make maintenance of a separate emergency management agency
  162  and services unreasonably burdensome.
  163         3. Unusual vulnerability to emergencies as evidenced by a
  164  past history of emergencies, topographical features, drainage
  165  characteristics, emergency potential, and presence of emergency
  166  prone facilities or operations.
  167         4. The interrelated character of the counties in a
  168  multicounty area.
  169         5. Other relevant conditions or circumstances.
  170         (4) EXPIRATION AND EXTENSION OF SIGNIFICANT EMERGENCY
  171  ORDERS.—
  172         (a) As used in this subsection, the term “significant
  173  emergency order” means an order or ordinance issued or enacted
  174  by a political subdivision in response to a state of emergency
  175  declared pursuant to this chapter or a public health emergency
  176  declared pursuant to chapter 381 which applies to all residents
  177  of the political subdivision and limits the right of a resident
  178  to:
  179         1. Exercise religious freedom, including the right to
  180  attend a religious service;
  181         2. Speak freely or assemble;
  182         3. Work, be rewarded for industry, or enter into a
  183  contract;
  184         4. Travel;
  185         5. Acquire, possess, or protect real or personal property;
  186         6. Not be subject to unreasonable search and seizure; or
  187         7. Purchase, keep, or bear a lawful firearm or ammunition.
  188         (b) It is the intent of the Legislature to minimize the
  189  negative effects and strictly scrutinize an extended significant
  190  emergency order issued by a political subdivision. A significant
  191  emergency order must be limited in duration, applicability, and
  192  scope in order to reduce any infringement on individual liberty
  193  to the greatest extent possible. Notwithstanding any other law,
  194  in any action challenging a significant emergency order, the
  195  issuing political subdivision bears the burden of proving that
  196  the significant emergency order is narrowly tailored, serves a
  197  compelling public health or safety purpose, and accomplishes the
  198  intended goal through the use of the least intrusive means.
  199         (c) A significant emergency order may provide exemptions
  200  for first responders as defined in s. 112.1815(1); health care
  201  practitioners as defined in s. 456.001; and employees of a
  202  public utility as defined in s. 366.02(1).
  203         (d) A significant emergency order shall automatically
  204  expire 10 days after its issuance; however, such an order may be
  205  extended before its expiration by a majority vote of the
  206  governing body of the political subdivision if deemed necessary.
  207         (e) Upon the expiration of a significant emergency order, a
  208  political subdivision may not issue a substantially similar
  209  order to respond to the same emergency.
  210         Section 2. This act shall take effect July 1, 2021.
  211  ================= T I T L E  A M E N D M E N T ================
  212  And the title is amended as follows:
  213         Delete everything before the enacting clause
  214  and insert:
  215                        A bill to be entitled                      
  216         An act relating to emergency management powers of
  217         political subdivisions; amending s. 252.38, F.S.;
  218         specifying that political subdivisions have the burden
  219         of proving the proper exercise of its police power in
  220         issuing certain emergency orders; defining the term
  221         “significant emergency order”; providing legislative
  222         intent; specifying limitations on the duration,
  223         applicability, and scope of significant emergency
  224         orders; specifying that political subdivisions have
  225         the burden of proving the legality of a significant
  226         emergency order in any action challenging such an
  227         order; authorizing significant emergency orders to
  228         exempt specified individuals; specifying the duration
  229         of significant emergency orders; authorizing the
  230         extension of such orders if certain conditions are
  231         met; prohibiting the issuance of certain significant
  232         emergency orders following an order’s expiration;
  233         providing an effective date.