reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part I - General Provisions (Ss. 252.31-252.71) › 252.32 - Policy and purpose.

252.32 Policy and purpose.—
(1) Because of the existing and continuing possibility of the occurrence of emergencies and disasters resulting from natural, technological, or manmade causes; in order to ensure that preparations of this state will be adequate to deal with, reduce vulnerability to, and recover from such emergencies and disasters; to provide for the common defense and to protect the public peace, health, and safety; and to preserve the lives and property of the people of the state, it is hereby found and declared to be necessary:
(a) To create a state emergency management agency to be known as the “Division of Emergency Management,” to authorize the creation of local organizations for emergency management in the political subdivisions of the state, and to authorize cooperation with the Federal Government and the governments of other states.
(b) To confer upon the Governor, the Division of Emergency Management, and the governing body of each political subdivision of the state the emergency powers provided herein.
(c) To provide for the rendering of mutual aid among the political subdivisions of the state, with other states, and with the Federal Government with respect to carrying out all emergency management functions and responsibilities.
(d) To authorize the establishment of such organizations and the development and employment of such measures as are necessary and appropriate to carry out the provisions of ss. 252.31-252.90.
(e) To provide the means to assist in the prevention or mitigation of emergencies which may be caused or aggravated by inadequate planning for, and regulation of, public and private facilities and land use.
(2) It is further declared to be the purpose of ss. 252.31-252.90 and the policy of the state that all emergency management functions of the state be coordinated to the maximum extent with comparable functions of the Federal Government, including its various departments, agencies of other states and localities, and private agencies of every type, to the end that the most effective preparation and use may be made of the workforce, resources, and facilities of the nation for dealing with any emergency that may occur.
History.—s. 1, ch. 74-285; s. 18, ch. 81-169; s. 14, ch. 83-334; s. 6, ch. 84-241; s. 9, ch. 93-211; s. 127, ch. 95-148; s. 30, ch. 2001-61.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part I - General Provisions (Ss. 252.31-252.71) › 252.33 - Limitations.

252.33 Limitations.—Nothing in ss. 252.31-252.60 shall be construed to:
(1) Interfere with the course or conduct of a labor dispute, except that actions otherwise authorized by ss. 252.31-252.60 or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety.
(2) Interfere with dissemination of news or comment on public affairs; but any communications facility or organization, including, but not limited to, radio and television stations, wire services, and newspapers, may be required to transmit or print public service messages furnishing information or instructions in connection with an emergency.
(3) Affect the jurisdiction or responsibilities of police forces, firefighting forces, units of the Armed Forces of the United States, or any personnel thereof, when on active duty; but state, local, and interjurisdictional emergency plans shall place reliance upon the forces available for performance of functions related to emergencies.
(4) Limit, modify, or abridge the authority of the Governor to proclaim martial law or exercise any other powers vested in the Governor under the constitution, statutes, or common law of this state independent of, or in conjunction with, any provisions of ss. 252.31-252.60.
History.—s. 1, ch. 74-285; s. 15, ch. 83-334; s. 128, ch. 95-148.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part I - General Provisions (Ss. 252.31-252.71) › 252.351 - Mandatory reporting of certain incidents by political subdivisions.

252.351 Mandatory reporting of certain incidents by political subdivisions.—
(1) For purposes of this section, the term “office” means the State Watch Office established within the division pursuant to s. 14.2016.
(2) The division shall create and maintain a list of reportable incidents. The list shall include, but is not limited to, the following events:
(a) Major fires, including wildfires, commercial or multiunit residential fires, or industrial fires.
(b) Search and rescue operations, including structure collapses or urban search and rescue responses.
(c) Bomb threats or threats to inflict harm on a large number of people or significant infrastructure, suspicious devices, or device detonations.
(d) Natural hazards and severe weather, including earthquakes, landslides, or ground subsidence or sinkholes.
(e) Public health and population protective actions, including public health hazards, evacuation orders, or emergency shelter openings.
(f) Animal or agricultural events, including suspected or confirmed animal diseases, suspected or confirmed agricultural diseases, crop failures, or food supply contamination.
(g) Environmental concerns, including an incident of reportable pollution release as required in s. 403.077(2).
(h) Nuclear power plant events, including events in process or that have occurred which indicate a potential degradation of the level of safety of the plant or which indicate a security threat to facility protection.
(i) Major transportation events, including aircraft or airport incidents, passenger or commercial railroad incidents, major road or bridge closures, or marine incidents involving a blocked navigable channel of a major waterway.
(j) Major utility or infrastructure events, including dam failures or overtopping, drinking water facility breaches, or major utility outages or disruptions involving transmission lines or substations.
(k) Military events, when information regarding such activities is provided to a political subdivision.
(3) As soon as practicable following its initial response to an incident, a political subdivision shall provide notification to the office that an incident specified on the list of reportable incidents has occurred within its geographical boundaries. The division may establish guidelines specifying the method and format a political subdivision must use when reporting an incident.
(4) Beginning December 1, 2020, and by December 1 every year thereafter, the division must provide the list of reportable incidents to each political subdivision.
History.—s. 1, ch. 2020-53.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part I - General Provisions (Ss. 252.31-252.71) › 252.356 - Emergency and disaster planning provisions to assist persons with disabilities or limitations.

252.356 Emergency and disaster planning provisions to assist persons with disabilities or limitations.—State agencies that contract with providers for the care of persons with disabilities or limitations that make such persons dependent upon the care of others shall include emergency and disaster planning provisions in such contracts at the time the contracts are initiated or upon renewal. These provisions shall include, but shall not be limited to:
(1) The designation of an emergency coordinating officer.
(2) A procedure to contact, prior to or immediately following an emergency or disaster, all persons, on a priority basis, who need assistance and sheltering during evacuations because of physical, mental, or sensory disabilities and whose care is provided under the contract.
(3) A procedure to help persons who would need assistance and sheltering during evacuations because of physical, mental, or sensory disabilities register with the local emergency management agency as provided in s. 252.355.
(4) A procedure to dispatch the emergency coordinating officer or other staff members to special needs shelters to assist clients with special needs, if necessary.
(5) A procedure for providing the essential services the organization currently provides to special needs clients in preparation for, during, and following a disaster, including, but not limited to, a public health emergency.
History.—s. 21, ch. 2000-140; s. 6, ch. 2021-8.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part I - General Provisions (Ss. 252.31-252.71) › 252.3568 - Emergency sheltering of persons with pets.

252.3568 Emergency sheltering of persons with pets.—
(1) In accordance with s. 252.35, the division shall address strategies for the evacuation of persons with pets in the shelter component of the state comprehensive emergency management plan and shall include the requirement for similar strategies in its standards and requirements for local comprehensive emergency management plans. The Department of Agriculture and Consumer Services and the Department of Education shall assist the division in determining strategies regarding this activity.
(2) If a county maintains designated shelters, it must also designate a shelter that can accommodate persons with pets. The shelter must be in compliance with applicable FEMA Disaster Assistance Policies and Procedures and with safety procedures regarding the sheltering of pets established in the shelter component of both local and state comprehensive emergency management plans.
History.—s. 17, ch. 2006-71; s. 1, ch. 2020-132.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part I - General Provisions (Ss. 252.31-252.71) › 252.3569 - Florida state agricultural response team; emergency response to animal, agricultural, and vector issues.

252.3569 Florida state agricultural response team; emergency response to animal, agricultural, and vector issues.—The Legislature finds that the Department of Agriculture and Consumer Services is the lead agency for animal, agricultural, and vector issues in the state. Pursuant to this responsibility, there is established within the Department of Agriculture and Consumer Services a state agricultural response team.
(1) The state agricultural response team, in coordination with the division, is responsible for the development, training, and support of county agricultural response teams and other nonemergency support functions.
(2) During emergency or disaster situations, as described by the Florida Comprehensive Emergency Management Plan, the division shall coordinate with the Department of Agriculture and Consumer Services for the purposes of:
(a) Oversight of the emergency management functions of preparedness, recovery, mitigation, and response with all agencies and organizations that are involved with the state’s response activities to animal, agricultural, and vector issues; and
(b) Staffing the Emergency Support Function 17 at the State Emergency Operations Center and staffing, as necessary, at county emergency operations centers.
History.—s. 2, ch. 2018-84.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part I - General Provisions (Ss. 252.31-252.71) › 252.357 - Monitoring of nursing homes and assisted living facilities during disaster.

252.357 Monitoring of nursing homes and assisted living facilities during disaster.—The Florida Comprehensive Emergency Management Plan shall permit the Agency for Health Care Administration, working from the agency’s offices or in the Emergency Operations Center, ESF-8, to make initial contact with each nursing home and assisted living facility in the disaster area. The agency, by July 15, annually, shall publish on the Internet an emergency telephone number that may be used by nursing homes and assisted living facilities to contact the agency on a schedule established by the agency to report requests for assistance. The agency may also provide the telephone number to each facility when it makes the initial facility call.
History.—s. 18, ch. 2006-71; s. 19, ch. 2018-110.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part I - General Provisions (Ss. 252.31-252.71) › 252.358 - Emergency-preparedness prescription medication refills.

252.358 Emergency-preparedness prescription medication refills.—All health insurers, managed care organizations, and other entities that are licensed by the Office of Insurance Regulation and provide prescription medication coverage as part of a policy or contract shall waive time restrictions on prescription medication refills, which include suspension of electronic “refill too soon” edits to pharmacies, to enable insureds or subscribers to refill prescriptions in advance, if there are authorized refills remaining, and shall authorize payment to pharmacies for at least a 30-day supply of any prescription medication, regardless of the date upon which the prescription had most recently been filled by a pharmacist, when the following conditions occur:
(1) The person seeking the prescription medication refill resides in a county that:
(a) Is under a hurricane warning issued by the National Weather Service;
(b) Is declared to be under a state of emergency in an executive order issued by the Governor; or
(c) Has activated its emergency operations center and its emergency management plan.
(2) The prescription medication refill is requested within 30 days after the origination date of the conditions stated in this section or until such conditions are terminated by the issuing authority or no longer exist. The time period for the waiver of prescription medication refills may be extended in 15- or 30-day increments by emergency orders issued by the Office of Insurance Regulation.
This section does not excuse or exempt an insured or subscriber from compliance with all other terms of the policy or contract providing prescription medication coverage.
History.—s. 29, ch. 2006-71; s. 20, ch. 2018-110.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part I - General Provisions (Ss. 252.31-252.71) › 252.359 - Ensuring availability of emergency supplies.

252.359 Ensuring availability of emergency supplies.—
(1) In order to meet the needs of residents affected during a declared emergency and to ensure the continuing economic resilience of communities impacted by disaster, the division shall establish a statewide system to facilitate the transport and distribution of essentials in commerce.
(2) As used in this section, the term “essentials” means goods that are consumed or used as a direct result of a declared emergency, or that are consumed or used to preserve, protect, or sustain life, health, safety, or economic well-being. The term includes, but is not limited to, personal protective equipment used in the event of a public health emergency.
(3) The division shall develop a system to certify each person who facilitates the transport or distribution of essentials in commerce. The division may not certify a person other than a person who routinely transports or distributes essentials. In developing the system, the division:
(a) May provide for a preemergency or postemergency declaration certification.
(b) Shall allow the certification of an employer, if requested by the employer, to constitute a certification of the employer’s employees.
(c) Shall create an easily recognizable indicium of certification to assist local officials’ efforts in determining which persons have been certified under this subsection.
(d) Shall limit the duration of each certificate to no more than 1 year. Each certificate may be renewed so long as the criteria for certification are met.
(4) A person or employer certified under subsection (3) is not required to obtain any additional certification or fulfill any additional requirement to transport or distribute essentials.
(5) Notwithstanding any curfew, a person or employer certified under subsection (3) may enter or remain in the curfew area for the limited purpose of facilitating the transport or distribution of essentials and may provide service that exceeds otherwise applicable hours of service maximums to the extent authorized by a duly executed declaration of a state of emergency.
(6) This section does not prohibit a law enforcement officer from specifying the permissible route of ingress or egress for a person certified under subsection (3).
History.—s. 2, ch. 2016-198; s. 7, ch. 2021-8.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part I - General Provisions (Ss. 252.31-252.71) › 252.3611 - Transparency; audits.

252.3611 Transparency; audits.—
(1) Each order, proclamation, or rule issued by the Governor, the division, or any agency must specify the statute or rule being amended or waived, if applicable, and the expiration date for the order, proclamation, or rule.
(2) When the duration of an emergency exceeds 90 days:
(a) Within 72 hours of executing a contract executed with moneys authorized for expenditure to support the response to the declared state of emergency, the Executive Office of the Governor or the appropriate agency shall submit a copy of such contract to the Legislature. For contracts executed during the first 90 days of the emergency, the Executive Office of the Governor or the appropriate agency shall submit a copy to the Legislature within the first 120 days of the declared emergency.
(b) The Executive Office of the Governor or the appropriate agency shall submit monthly reports to the Legislature of all state expenditures, revenues received, and funds transferred by an agency during the previous month to support the declared state of emergency.
(3) Once an emergency exceeds 1 year, the Auditor General shall conduct a financial audit of all associated expenditures and a compliance audit of all associated contracts entered into during the declared emergency. The Auditor General must update the audit annually until the emergency is declared to be ended.
(4) Following the expiration or termination of a state of emergency, the Auditor General shall conduct a financial audit of all associated expenditures and a compliance audit of all associated contracts entered into during the state of emergency.
History.—s. 9, ch. 2021-8.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part I - General Provisions (Ss. 252.31-252.71) › 252.3655 - Natural hazards interagency workgroup.

252.3655 Natural hazards interagency workgroup.—
(1)(a) An interagency workgroup is created for the purpose of sharing information on the current and potential impacts of natural hazards throughout the state, coordinating the ongoing efforts of state agencies in addressing the impacts of natural hazards, and collaborating on statewide initiatives to address the impacts of natural hazards. As used in this section, the term “natural hazards” includes, but is not limited to, extreme heat, drought, wildfire, sea-level change, high tides, storm surge, saltwater intrusion, stormwater runoff, flash floods, inland flooding, and coastal flooding.
(b) Each agency within the executive branch of state government, each water management district, and the Florida Public Service Commission shall select from within such agency a person to be designated as the agency liaison to the workgroup.
(c) The director of the Division of Emergency Management or his or her designee shall serve as the liaison to and coordinator of the workgroup.
(d) Each liaison shall provide information from his or her respective agency on the current and potential impacts of natural hazards to his or her agency, agency resources available to mitigate against natural hazards, and efforts made by the agency to address the impacts of natural hazards.
(e) The workgroup shall meet in person or by teleconference on a quarterly basis to share information, leverage agency resources, coordinate ongoing efforts, and provide information for inclusion in the annual progress report submitted pursuant to subsection (2).
(2)(a) On behalf of the workgroup, the Division of Emergency Management shall prepare an annual progress report on the implementation of the state’s hazard mitigation plan, developed and submitted in accordance with 42 U.S.C. s. 5165 and any implementing regulations, as it relates to natural hazards. At a minimum, the annual progress report must:
1. Assess the relevance, level, and significance of current agency efforts to address the impacts of natural hazards; and
2. Strategize and prioritize ongoing efforts to address the impacts of natural hazards.
(b) Each liaison is responsible for ensuring that the workgroup’s annual progress report is posted on his or her agency’s website.
(c) By January 1, 2019, and each year thereafter, the workgroup shall submit the annual progress report to the Governor, the President of the Senate, and the Speaker of the House of Representatives.
History.—s. 1, ch. 2017-48.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part I - General Provisions (Ss. 252.31-252.71) › 252.371 - Emergency Management, Preparedness, and Assistance Trust Fund.

252.371 Emergency Management, Preparedness, and Assistance Trust Fund.—There is created the Emergency Management, Preparedness, and Assistance Trust Fund to be administered by the division.
History.—s. 1, ch. 93-128; s. 101, ch. 2011-142.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part I - General Provisions (Ss. 252.31-252.71) › 252.3711 - Emergency Preparedness and Response Fund.

252.3711 Emergency Preparedness and Response Fund.—
(1) The Emergency Preparedness and Response Fund is created within the Executive Office of the Governor.
(2) The fund is established for use as a depository for moneys specifically transferred or appropriated to the fund. The moneys deposited in the fund are available as a primary funding source for the Governor for purposes of preparing or responding to a disaster declared by the Governor as a state of emergency that exceeds regularly appropriated funding sources.
(3) In accordance with s. 19(f)(2), Art. III of the State Constitution, the Emergency Preparedness and Response Fund shall, unless terminated sooner, be terminated 4 years after the effective date of this act. Before its scheduled termination, the fund shall be reviewed as provided in s. 215.3206(1) and (2).
History.—s. 1, ch. 2022-2.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part I - General Provisions (Ss. 252.31-252.71) › 252.3712 - Nonprofit Security Grant Program.

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252.3712 Nonprofit Security Grant Program.—
(1) The division shall establish a Nonprofit Security Grant Program that shall consist of funds appropriated by the Legislature to nonprofit organizations, including houses of worship, schools, museums, and community centers, that are at high risk for violent attacks or hate crimes. The grants may be used to increase security and safety, including, but not limited to:
(a) The purchase and installation of security infrastructure, perimeter lighting, materials for door hardening, security camera systems, perimeter fencing, barriers and bollards, and blast-resistant film and shatter-resistant glass for windows.
(b) Hiring security personnel.
(c) Training for security personnel and staff on threat awareness, emergency procedures, and first aid.
(2) The division shall award grants to applicants that meet eligibility criteria for the United States Department of Homeland Security’s Nonprofit Security Grant Program.
(3) The minimum amount of any grant award is $10,000, and the maximum grant award amount is $150,000. The total amount of funds available for the program is limited to the amount appropriated by the Legislature.
(4) The division may use up to 3 percent of the total amount appropriated to administer the grant program.
(5) The division shall adopt rules to administer this section, including rules providing criteria for all of the following:
(a) Awarding of grant funds to an owner of a facility for hardening security measures.
(b) Awarding of grant funds to an owner or a renter of a facility for nonhardening security measures.
(c) Establishing the need for grant funds to be awarded to an owner or a renter of a facility that has been operational for a period of at least 6 months or that has received a sufficient number of threats.
(d) Prioritizing applicants that are houses of worship or whose facilities are frequented by children or students on a daily basis.
(6) By June 1, 2024, and annually thereafter, the division shall provide a list of grants awarded during that fiscal year to the President of the Senate and the Speaker of the House of Representatives.
(7) This section is repealed January 1, 2028, unless reviewed and saved from repeal through reenactment by the Legislature.
History.—s. 1, ch. 2023-180; s. 1, ch. 2023-352.
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Note.—Section 2, ch. 2023-352, provides that “[n]o later than December 31, 2023, the Division of Emergency Management must adopt rules to administer the Nonprofit Security Grant Program. The division is authorized, and all conditions are deemed met, to adopt emergency rules under s. 120.54(4), Florida Statutes, for the purpose of implementing the Nonprofit Security Grant Program.”
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part I - General Provisions (Ss. 252.31-252.71) › 252.372 - Imposition and collection of surcharge.

252.372 Imposition and collection of surcharge.—In order to provide funds for emergency management, preparedness, and assistance, an annual surcharge of $2 per policy shall be imposed on every homeowners, mobile home owners, tenant homeowners, and condominium unit owners policy, and an annual $4 surcharge shall be imposed on every commercial fire, commercial multiple peril, and business owner’s property insurance policy, issued or renewed on or after May 1, 1993. The surcharge shall be paid by the policyholder to the insurer. The insurer shall collect the surcharge and remit it to the Department of Revenue, which shall collect, administer, audit, and enforce the surcharge pursuant to s. 624.5092. The surcharge is not to be considered premiums of the insurer; however, nonpayment of the surcharge by the insured may be a valid reason for cancellation of the policy. For those policies in which the surplus lines tax and the service fee are collected and remitted to the Surplus Lines Service Office, as created under s. 626.921, the surcharge must be remitted to the service office at the same time as the surplus lines tax is remitted. All penalties for failure to remit the surplus lines tax and service fee are applicable for those surcharges required to be remitted to the service office. The service office shall deposit all surcharges that it collects into the Emergency Management, Preparedness, and Assistance Trust Fund at least monthly. All proceeds of the surcharge shall be deposited in the Emergency Management, Preparedness, and Assistance Trust Fund and may not be used to supplant existing funding.
History.—s. 2, ch. 93-128; s. 22, ch. 2005-280.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part I - General Provisions (Ss. 252.31-252.71) › 252.373 - Allocation of funds; rules.

252.373 Allocation of funds; rules.—
(1) Funds appropriated from the Emergency Management, Preparedness, and Assistance Trust Fund shall be allocated by the division for the following purposes:
(a) To implement and administer state and local emergency management programs, including administration, training, and operations.
(b) For grants and loans to state or regional agencies, local governments, and private organizations to implement projects that will further state and local emergency management objectives. These projects must include, but need not be limited to, projects that will promote public education on disaster preparedness and recovery issues, enhance coordination of relief efforts of statewide private sector organizations, and improve the training and operations capabilities of agencies assigned lead or support responsibilities in the state comprehensive emergency management plan, including the State Fire Marshal’s Office for coordinating the Florida fire services. The division shall establish criteria and procedures for competitive allocation of these funds by rule. No more than 5 percent of any award made pursuant to this subparagraph may be used for administrative expenses. This competitive criteria must give priority consideration to hurricane evacuation shelter retrofit projects.
(c) To meet any matching requirements imposed as a condition of receiving federal disaster relief assistance.
(2) The division shall allocate funds from the Emergency Management, Preparedness, and Assistance Trust Fund to local emergency management agencies and programs pursuant to criteria specified in rule. Such rules shall include, but are not limited to:
(a) Requiring that, at a minimum, a local emergency management agency either:
1. Have a program director who works at least 40 hours a week in that capacity; or
2. If the county has fewer than 75,000 population or is party to an interjurisdictional emergency management agreement entered into pursuant to s. 252.38(3)(b), that is recognized by the Governor by executive order or rule, have an emergency management coordinator who works at least 20 hours a week in that capacity.
(b) Specifying a formula that establishes a base grant allocation and weighted factors for funds to be allocated over the base grant amount.
(c) Specifying match requirements.
(d) Preferential funding to provide incentives to counties and municipalities to participate in mutual aid agreements.
(3) If adequate funds are available as determined by the division, every county shall receive funds at least sufficient to fund a dedicated, full-time emergency preparedness officer position.
History.—s. 3, ch. 93-128; s. 11, ch. 98-258; s. 7, ch. 2000-140; s. 54, ch. 2000-171; ss. 42, 53, ch. 2001-254; ss. 53, 79, ch. 2002-402; s. 72, ch. 2003-399; s. 4, ch. 2004-235; s. 48, ch. 2004-269; s. 11, ch. 2005-3; s. 43, ch. 2006-26; s. 4, ch. 2008-5; s. 102, ch. 2011-142.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part I - General Provisions (Ss. 252.31-252.71) › 252.39 - Local services.

252.39 Local services.—
(1) Whenever the employees of any political subdivision are rendering outside aid pursuant to the authority contained in s. 252.38, such employees shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivisions in which they are normally employed.
(2)(a) The political subdivision in which any equipment is used pursuant to this section shall be liable for any loss or damage thereto and shall pay any expense incurred in the operation and maintenance thereof. No claim for such loss, damage, or expense shall be allowed unless an itemized notice of such claim under oath is served by mail or otherwise upon the chief fiscal officer of the political subdivision in which the equipment was used within 60 days after the loss, damage, or expense is sustained or incurred.
(b) The political subdivision which is aided pursuant to this section shall also pay and reimburse the political subdivision furnishing such aid for compensation paid to employees furnished under this section during the time of the rendition of such aid and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid. Such reimbursement shall include any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. The term “employee” as used in this section means, and the provisions of this section apply with equal effect to, paid, volunteer, and auxiliary employees and emergency management services workers.
History.—s. 1, ch. 74-285; s. 22, ch. 83-334.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part I - General Provisions (Ss. 252.31-252.71) › 252.391 - Emergency financial plans.

252.391 Emergency financial plans.—
(1) As used in this section, the term “local governmental entity” means a county, municipality, or district school board.
(2) Each local governmental entity is encouraged to develop an emergency financial plan for major natural disasters that may impact its jurisdiction. Disasters include, but are not limited to, hurricanes, tornadoes, floods, and wildfires.
(3) Each emergency financial plan should be based on the likely frequency of the disaster’s occurrence. The financial plan should include a calculation of the costs for the natural disaster event and a determination of the financial resources available to the local governmental entity. If insufficient funds are available to address the disaster event, the emergency financial plan should identify strategies to close the gap between the disaster event costs and the local governmental entity’s financial capacity. Such strategies may include rainy day funds, reprioritizing its annual budget, and borrowing.
(4) Local governmental entities should annually review their emergency financial plans to address changes in conditions.
History.—s. 5, ch. 2023-304.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part I - General Provisions (Ss. 252.31-252.71) › 252.40 - Mutual aid arrangements.

252.40 Mutual aid arrangements.—
(1) The governing body of each political subdivision of the state is authorized to develop and enter into mutual aid agreements within the state for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted. Copies of such agreements shall be sent to the division. Such agreements shall be consistent with the state comprehensive emergency management plan and program, and in time of emergency it shall be the duty of each local emergency management agency to render assistance in accordance with the provisions of such mutual aid agreements to the fullest possible extent.
(2) The Governor may enter into a compact with any state if she or he finds that joint action with that state is desirable in meeting common intergovernmental problems of emergency management planning or emergency prevention, mitigation, response, and recovery.
(3) Local governments may create inspection teams to review and approve expedited permits for temporary housing solutions, repairs, and renovations after a natural disaster. Local governments are encouraged to establish interlocal agreements with other jurisdictions to provide additional inspection services during a state of emergency.
(4) Municipalities and counties are encouraged to develop and adopt plans to provide temporary accommodations for contractors, utility workers, first responders, and others dispatched to aid in hurricane recovery efforts. Public areas, including, but not limited to, fairgrounds and parking lots, may be used for tents and trailers for such temporary accommodations.
History.—s. 1, ch. 74-285; s. 23, ch. 83-334; s. 56, ch. 85-80; s. 133, ch. 95-148; s. 6, ch. 2023-304.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part I - General Provisions (Ss. 252.31-252.71) › 252.41 - Emergency management support forces.

252.41 Emergency management support forces.—
(1) The division is authorized to provide, within or without the state, such support from available personnel, equipment, and other resources of state agencies and the political subdivisions of the state as may be necessary to reinforce emergency management agencies in areas stricken by emergency. Such support shall be rendered with due consideration of the plans of the Federal Government, this state, the other states, and of the criticalness of the existing situation. Emergency management support forces shall be called to duty upon orders of the division and shall perform functions in any part of the state or, upon the conditions specified in this section, in other states.
(2) Personnel of emergency management support forces while on duty, whether within or without the state, shall:
(a) If they are employees of the state, have the powers, duties, rights, privileges, and immunities, and receive the compensation, incidental to their employment.
(b) If they are employees of a political subdivision of the state, whether serving within or without such political subdivision, have the powers, duties, rights, privileges, and immunities, and receive the compensation, incidental to their employment.
(c) If they are not employees of the state or a political subdivision thereof, they shall be entitled to the same rights and immunities as are provided by law for the employees of this state and to such compensation as may be fixed by the division. All personnel of emergency management support forces shall, while on duty, be subject to the operational control of the authority in charge of emergency management activities in the area in which they are serving and shall be reimbursed for all actual and necessary travel and subsistence expenses to the extent of funds available.
History.—s. 1, ch. 74-285; s. 24, ch. 83-334.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part I - General Provisions (Ss. 252.31-252.71) › 252.42 - Government equipment, services, and facilities.

252.42 Government equipment, services, and facilities.—In the event of any emergency, the division may make available any equipment, services, or facilities owned or organized by the state or its political subdivisions for use in the affected area upon request of the duly constituted authority of the area or upon the request of any recognized and accredited relief agency through such duly constituted authority.
History.—s. 1, ch. 74-285; s. 25, ch. 83-334.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part I - General Provisions (Ss. 252.31-252.71) › 252.43 - Compensation.

252.43 Compensation.—
(1) Compensation for services or for the taking or use of property shall be owed only to the extent that a claimant may not be deemed to have volunteered her or his services or property without compensation and only to the extent that such taking exceeds the legal responsibility of a claimant to render such services or make such property so available.
(2) Compensation owed for personal services shall be only such as may be fixed by the division.
(3) Compensation for property shall be owed only if the property was commandeered or otherwise used in coping with an emergency and its use or destruction was ordered by the Governor or a member of the emergency forces of this state.
(4) Any person claiming compensation for the use, damage, loss, or destruction of property under ss. 252.31-252.60 shall file a claim therefor with the division in the form and manner that the division provides.
(5) Unless the amount of compensation owed on account of property damaged, lost, or destroyed is agreed between the claimant and the division, the amount of compensation shall be calculated in the same manner as compensation due for a taking of property pursuant to the condemnation laws of this state.
(6) Nothing in this section applies to or authorizes compensation for the destruction or damaging of standing timber or other property in order to provide a firebreak or damage resulting from the release of waters or the breach of impoundments in order to reduce pressure or other danger from actual or threatened flood or applies to or authorizes compensation beyond the extent of funds available for such compensation.
History.—s. 1, ch. 74-285; s. 1, ch. 77-174; s. 26, ch. 83-334; s. 134, ch. 95-148.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part I - General Provisions (Ss. 252.31-252.71) › 252.44 - Emergency mitigation.

252.44 Emergency mitigation.—
(1) In addition to prevention measures included in the state and local comprehensive emergency management plans, the Governor shall consider on a continuing basis steps that could be taken to mitigate the harmful consequences of emergencies. At the Governor’s direction and pursuant to any other authority and competence they have, state agencies, including, but not limited to, those charged with responsibilities in connection with protecting and maintaining the public health, flood plain management, stream encroachment and flow regulation, weather modification, fire prevention and control, air quality, public works, land use and land use planning, and construction standards, shall make studies of emergency-mitigation-related matters. The Governor, from time to time, shall make such recommendations to the Legislature, local governments, and other appropriate public and private entities as may facilitate measures for mitigation of the harmful consequences of emergencies.
(2) The appropriate state agencies, in conjunction with the division, shall keep land uses and construction of structures and other facilities under continuing study and identify areas which are particularly susceptible to severe land shifting, subsidence, flood, or other catastrophic occurrence, manmade or natural. The studies under this subsection shall concentrate on means of reducing or avoiding the dangers caused by these occurrences or the consequences thereof.
(3) If the division believes, on the basis of the studies or other competent evidence, that an area is susceptible to an emergency of catastrophic proportions without adequate warning; that existing building standards and land use controls in that area are inadequate and could add substantially to the magnitude of the emergency; and that changes in zoning regulations, other land use regulations, or building requirements are essential in order to further the purposes of this section, it shall specify the essential changes to the Governor. If the Governor upon review of the recommendation finds after public hearing that changes are essential, she or he shall so recommend to the agencies or political subdivisions with jurisdiction over the area and subject matter. If no action, or insufficient action, pursuant to her or his recommendations is taken within the time specified by the Governor, she or he shall so inform the Legislature and request legislative action appropriate to mitigate the impact of such an emergency.
History.—s. 1, ch. 74-285; s. 27, ch. 83-334; s. 135, ch. 95-148; s. 14, ch. 2021-8.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part I - General Provisions (Ss. 252.31-252.71) › 252.45 - Lease or loan of state property; transfer of state personnel.

252.45 Lease or loan of state property; transfer of state personnel.—Notwithstanding any inconsistent provision of law:
(1) Whenever the Governor deems it to be in the public interest, she or he may:
(a) Authorize any department or agency of the state to lease or lend, on such terms and conditions as it may deem necessary to promote the public welfare and protect the interests of the state, any real or personal property of the state government to the President, the heads of the Armed Forces, or the various federal emergency management agencies of the United States.
(b) Enter into a contract on behalf of the state for the lease or loan to any political subdivision of the state, on such terms and conditions as she or he may deem necessary to promote the public welfare and protect the interests of the state, of any real or personal property of the state government or the temporary transfer or employment of personnel of the state government to or by any political subdivision of the state.
(2) The governing body of each political subdivision of the state may:
(a) Enter into such contract or lease with the state, accept any such loan, or employ such personnel, and such political subdivision may equip, maintain, utilize, and operate any such property and employ necessary personnel therefor in accordance with the purposes for which such contract is executed.
(b) Do all things and perform any and all acts which it may deem necessary to effectuate the purpose for which such contract was entered into.
History.—s. 1, ch. 74-285; s. 28, ch. 83-334; s. 136, ch. 95-148.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part I - General Provisions (Ss. 252.31-252.71) › 252.47 - Enforcement.

252.47 Enforcement.—The law enforcement authorities of the state and the political subdivisions thereof shall enforce the orders and rules issued pursuant to ss. 252.31-252.90.
History.—s. 1, ch. 74-285; s. 30, ch. 83-334; s. 19, ch. 93-211; s. 36, ch. 2001-61.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part I - General Provisions (Ss. 252.31-252.71) › 252.50 - Penalties.

252.50 Penalties.—Any person violating any provision of ss. 252.31-252.90 or any rule or order made pursuant to ss. 252.31-252.90 is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 74-285; s. 31, ch. 83-334; s. 20, ch. 93-211; s. 37, ch. 2001-61.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part I - General Provisions (Ss. 252.31-252.71) › 252.51 - Liability.

252.51 Liability.—Any person or organization, public or private, owning or controlling real estate or other premises who voluntarily and without compensation, other than payment or reimbursement of costs and expenses, grants a license or privilege or otherwise permits the designation by the local emergency management agency or use of the whole or any part of such real estate or premises for the purpose of sheltering persons during an actual, impending, mock, or practice emergency, together with her or his successor in interest, if any, shall not be liable for the death of, or injury to, any person on or about such real estate or premises during the actual, impending, mock, or practice emergency, or for loss of, or damage to, the property of such person, solely by reason or as a result of such license, privilege, designation, or use, unless the gross negligence or the willful and wanton misconduct of such person owning or controlling such real estate or premises or her or his successor in interest is the proximate cause of such death, injury, loss, or damage occurring during such sheltering period. Any such person or organization who provides such shelter space for compensation shall be deemed to be an instrumentality of the state or its applicable agency or subdivision for the purposes of s. 768.28.
History.—s. 1, ch. 74-285; s. 32, ch. 83-334; s. 137, ch. 95-148; s. 8, ch. 2000-140.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part I - General Provisions (Ss. 252.31-252.71) › 252.52 - Liberality of construction.

252.52 Liberality of construction.—Sections 252.31-252.90 shall be construed liberally in order to effectuate their purposes.
History.—s. 1, ch. 74-285; s. 33, ch. 83-334; s. 21, ch. 93-211; s. 38, ch. 2001-61.
2023 Florida Statutes › Title XVII - Military Affairs and Related Matters › Chapter 252 - Emergency Management › Part I - General Provisions (Ss. 252.31-252.71) › 252.61 - List of persons for contact relating to release of toxic substances into atmosphere.

252.61 List of persons for contact relating to release of toxic substances into atmosphere.—The Division of Emergency Management shall maintain a list of contact persons.
History.—s. 13, ch. 85-269; s. 3, ch. 85-277; s. 71, ch. 87-224; s. 105, ch. 2011-142.