252.38 Emergency management powers of political subdivisions.—Safeguarding the life and property of its citizens is an innate responsibility of the governing body of each political subdivision of the state.
(1) COUNTIES.—
(a) In order to provide effective and orderly governmental control and coordination of emergency operations in emergencies within the scope of ss. 252.31-252.90, each county within this state shall be within the jurisdiction of, and served by, the division. Except as otherwise provided in ss. 252.31-252.90, each local emergency management agency shall have jurisdiction over and serve an entire county. Unless part of an interjurisdictional emergency management agreement entered into pursuant to paragraph (3)(c) which is recognized by the Governor by executive order or rule, each county must establish and maintain such an emergency management agency and shall develop a county emergency management plan and program that is coordinated and consistent with the state comprehensive emergency management plan and program. Counties that are part of an interjurisdictional emergency management agreement entered into pursuant to paragraph (3)(c) which is recognized by the Governor by executive order or rule shall cooperatively develop an emergency management plan and program that is coordinated and consistent with the state comprehensive emergency management plan and program.
1(b)1. Each county emergency management agency created and established pursuant to ss. 252.31-252.90 shall have a director. The director must meet the following minimum training and education qualifications:
a. Fifty hours of training in business or public administration, business or public management, or emergency management or preparedness. A bachelor’s degree may be substituted for this training requirement.
b. Four years of verifiable experience in comprehensive emergency management services that includes improving preparedness for emergency and disaster protection, prevention, mitigation, response, and recovery, with direct supervisory responsibility for responding to at least 1 emergency or disaster.
(I) A master’s degree in emergency preparedness or management, business or public administration, communications, finance, homeland security, public health, criminal justice, meteorology, or environmental science may be substituted for 2 of the years of experience required in this sub-subparagraph but not for the required supervisory experience.
(II) A valid accreditation as a Certified Master Exercise Practitioner through the Federal Emergency Management Agency, Certified Emergency Manager through the International Association of Emergency Managers, or Florida Professional Emergency Manager through the Florida Emergency Preparedness Association may be substituted for the requirements of this sub-subparagraph. A certification used as a substitution for the requirements of this sub-subparagraph must be currently maintained in good standing at all times until the actual time and experience requirements satisfying this sub-subparagraph are met by the appointee.
c. Completion of 150 hours in comprehensive emergency management training provided through or approved by the Federal Emergency Management Agency or its successor, including completion of the following National Incident Management System courses, or equivalent courses established by the Federal Emergency Management Agency through the Emergency Management Institute:
(I) ICS-100: Introduction to the Incident Command System;
(II) ICS-200: ICS for Single Resources and Initial Action Incidents;
(III) ICS-300: Intermediate ICS for Expanding Incidents;
(IV) ICS-400: Advanced ICS for Command and General Staff;
(V) IS-700: National Incident Management System, An Introduction; and
(VI) IS-800: National Response Framework, An Introduction.
All training required by this sub-subparagraph must have been completed no earlier than the 10 years preceding the date of appointment, regardless of whether it is an initial appointment or reappointment.
d. A valid driver license. If the license is not a Florida driver license, the director must obtain a Florida driver license within 30 days after being appointed as director.
2. The director shall be appointed by the board of county commissioners or the chief administrative officer of the county, as described in chapter 125 or the county charter, if applicable, to serve at the pleasure of the appointing authority, in conformance with applicable resolutions, ordinances, and laws.
3. A county constitutional officer, or an employee of a county constitutional officer, may be appointed as director following prior notification to the division.
4. Each board of county commissioners shall promptly inform the division of the appointment of the director and other personnel.
5. Each director has direct responsibility for the organization, administration, and operation of the county emergency management agency. The director shall coordinate emergency management activities, services, and programs within the county and shall serve as liaison to the division and other local emergency management agencies and organizations.
(c) Each county emergency management agency shall perform emergency management functions within the territorial limits of the county within which it is organized and, in addition, shall conduct such activities outside its territorial limits as are required pursuant to ss. 252.31-252.90 and in accordance with state and county emergency management plans and mutual aid agreements. Counties shall serve as liaison for and coordinator of municipalities’ requests for state and federal assistance during postdisaster emergency operations.
(d) During a declared state or local emergency and upon the request of the director of a local emergency management agency, the district school board or school boards in the affected area shall participate in emergency management by providing facilities and necessary personnel to access such facilities or perform other duties related to the facilities as may be required pursuant to the county emergency management plan and program. Each school board providing transportation assistance in an emergency evacuation shall coordinate the use of its vehicles and personnel with the local emergency management agency.
(e) County emergency management agencies may charge and collect fees for the review of emergency management plans on behalf of external agencies and institutions. Fees must be reasonable and may not exceed the cost of providing a review of emergency management plans in accordance with fee schedules established by the division.
(2) MUNICIPALITIES.—Legally constituted municipalities are authorized and encouraged to create municipal emergency management programs. Municipal emergency management programs shall coordinate their activities with those of the county emergency management agency. Municipalities without emergency management programs shall be served by their respective county agencies. If a municipality elects to establish an emergency management program, it must comply with all laws, rules, and requirements applicable to county emergency management agencies. Each municipal emergency management plan must be consistent with and subject to the applicable county emergency management plan. In addition, each municipality must coordinate requests for state or federal emergency response assistance with its county. This requirement does not apply to requests for reimbursement under federal public disaster assistance programs.
(3) EMERGENCY MANAGEMENT POWERS; POLITICAL SUBDIVISIONS.—
(a) Each political subdivision shall notify the division on or before May 1 each year of the person designated as the emergency contact for the political subdivision and his or her alternate and of any changes in persons so designated thereafter. For a county, the emergency contact must be the county emergency management director.
(b) In carrying out the provisions of ss. 252.31-252.90, each political subdivision shall have the power and authority:
1. To appropriate and expend funds; make contracts; obtain and distribute equipment, materials, and supplies for emergency management purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any emergency; and direct and coordinate the development of emergency management plans and programs in accordance with the policies and plans set by the federal and state emergency management agencies.
2. To appoint, employ, remove, or provide, with or without compensation, coordinators, rescue teams, fire and police personnel, and other emergency management workers.
3. To establish, as necessary, a primary and one or more secondary emergency operating centers to provide continuity of government and direction and control of emergency operations.
4. To assign and make available for duty the offices and agencies of the political subdivision, including the employees, property, or equipment thereof relating to firefighting, engineering, rescue, health, medical and related services, police, transportation, construction, and similar items or services for emergency operation purposes, as the primary emergency management forces of the political subdivision for employment within or outside the political limits of the subdivision.
5. To request state assistance or invoke emergency-related mutual-aid assistance by declaring a state of local emergency in the event of an emergency affecting only one political subdivision. The duration of each state of emergency declared locally is limited to 7 days; it may be extended, as necessary, in 7-day increments. Further, the political subdivision has the power and authority to waive the procedures and formalities otherwise required of the political subdivision by law pertaining to:
a. Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community.
b. Entering into contracts.
c. Incurring obligations.
d. Employment of permanent and temporary workers.
e. Utilization of volunteer workers.
f. Rental of equipment.
g. Acquisition and distribution, with or without compensation, of supplies, materials, and facilities.
h. Appropriation and expenditure of public funds.
(c) Upon the request of two or more adjoining counties, or if the Governor finds that two or more adjoining counties would be better served by an interjurisdictional arrangement than by maintaining separate emergency management agencies and services, the Governor may delineate by executive order or rule an interjurisdictional area adequate to plan for, prevent, mitigate, or respond to emergencies in such area and may direct steps to be taken as necessary, including the creation of an interjurisdictional relationship, a joint emergency plan, a provision for mutual aid, or an area organization for emergency planning and services. A finding of the Governor pursuant to this paragraph shall be based on one or more factors related to the difficulty of maintaining an efficient and effective emergency prevention, mitigation, preparedness, response, and recovery system on a unijurisdictional basis, such as:
1. Small or sparse population.
2. Limitations on public financial resources severe enough to make maintenance of a separate emergency management agency and services unreasonably burdensome.
3. Unusual vulnerability to emergencies as evidenced by a past history of emergencies, topographical features, drainage characteristics, emergency potential, and presence of emergency-prone facilities or operations.
4. The interrelated character of the counties in a multicounty area.
5. Other relevant conditions or circumstances.
(4) EXPIRATION AND EXTENSION OF EMERGENCY ORDERS.—
(a) As used in this subsection, the term “emergency order” means an order or ordinance issued or enacted by a political subdivision in response to an emergency pursuant to this chapter or chapter 381 that limits the rights or liberties of individuals or businesses within the political subdivision. The term does not apply to orders issued in response to hurricanes or other weather-related emergencies.
(b) It is the intent of the Legislature to minimize the negative effects of an emergency order issued by a political subdivision. Notwithstanding any other law, an emergency order issued by a political subdivision must be narrowly tailored to serve a compelling public health or safety purpose. Any such emergency order must be limited in duration, applicability, and scope in order to reduce any infringement on individual rights or liberties to the greatest extent possible.
(c) An emergency order automatically expires 7 days after issuance but may be extended by a majority vote of the governing body of the political subdivision, as necessary, in 7-day increments for a total duration of not more than 42 days.
(d) The Governor may, at any time, invalidate an emergency order issued by a political subdivision if the Governor determines that such order unnecessarily restricts individual rights or liberties.
(e) Upon the expiration of an emergency order, a political subdivision may not issue a substantially similar order.
1Note.—Section 2, ch. 2024-193, provides that “[a] county emergency management director who does not satisfy the training or certification requirements of section 1 of this act as of July 1, 2024, shall have until June 30, 2026, to complete such requirements.”
...ergency remains substantially unchanged. While political subdivisions of the state have been granted certain duties and responsibilities in order to provide effective and orderly governmental control and coordination of emergency operations, see , s 252.38 , F.S., prior to October 1, 1983, the effective date of Ch....
...ercise the other powers expressly conferred upon the Governor by statute such as the power to commandeer private property. Chapter 83-334, Laws of Florida, however, specifically amends the provisions relating to the powers of political subdivisions. Section 252.38 (6)(e), F.S., as amended by s 21, Ch....
...Performance of public work and taking whatever prudent action is necessary to insure the health, safety, and welfare of the community. . . . (e.s.) See , s 252.34 (5), F.S. 1983, which defines `political subdivision to mean `any county or municipality created pursuant to law.' Thus, under the express terms of s 252.38 (6)(e), as amended and effective October 1, 1983, a county may declare a limited state of emergency in the event of an emergency affecting only one political subdivision in order to request state assistance or to invoke emergency related mutual aid assistance. Chapter 83-334, Laws of Florida (s 252.38 (6)(e), F.S....
...1983), however, in affirmatively granting political subdivisions the authority to declare a local state of emergency, does not expressly state that such governmental entities may exercise the powers of the Governor as prescribed in s 252.36 , as amended, including the power to commandeer private property. While s 252.38 (6)(e) states that the political subdivision has the power to waive the procedures and formalities required of the political subdivision pertaining to taking whatever prudent action is necessary to insure the health, safety and welfare of the...
...t necessary to cope with the emergency. While such emergency powers may be delegated by the Governor to a political subdivision, such delegation must be expressly set forth in an executive order or proclamation. See AGO-78-167. I cannot state that s 252.38 (6)(e), as amended, which authorizes a county to waive certain procedures and formalities required of a county (but vests no substantive powers in the county), relates to or removes the requirements placed on the Governor by the provisions of Ch....
...DeSantis, No. SC20-646, 2020 WL 3464376, at *1 (Fla.
June 25, 2020), equally “confer[s] upon . . . the governing body of each political
subdivision of the state the emergency powers provided herein.” § 252.32(1)(b), Fla.
Stat. (2020); see also § 252.38(1), Fla....
...Jarret Polk County Attorney Drawer AT01, Post Office Box 9005 Bartow, Florida 33831-9005 Dear Mr. Jarret: On behalf of the Polk County Board of County Commissioners, you ask substantially the following questions: 1. When a county has declared a state of local emergency pursuant to section 252.38 (3)(a)5., Florida Statutes, must that declaration be renewed every seven days? 2....
...commission, are the requirements of the Government in the Sunshine Law regarding notice applicable? You state that due to recent hurricane-related disaster recovery efforts, two issues have arisen with which the county seeks assistance. Question One Section 252.38 , Florida Statutes, sets forth the emergency management powers of political subdivisions....
...state of local emergency because there are municipalities within its boundaries would render the statute meaningless as it relates to counties. 3 Accordingly, I am of the opinion that when a county has declared a state of local emergency pursuant to section 252.38 (3)(a)5., Florida Statutes, and wishes to extend that declaration, such declaration must be renewed every seven days....
...Florida's Government in the Sunshine Law, section 286.011 , Florida Statutes, has been applied to any gathering of two or more members of the same board to discuss some matter that foreseeably will come before that board for action. 4 The statute requires, among other things, that notice of such meetings must be provided. 5 Section 252.38 (3)(a)5., Florida Statutes, provides a political subdivision the power and authority to waive the procedures and formalities otherwise required of the political subdivision by law pertaining to: "a....
...is to be avoided); and see Neu v. Miami Herald Publishing Company, 462 So.2d 821 (Fla. 1985) (in construing legislation, courts should not assume Legislature acted pointlessly); Sharer v. Hotel Corporation of America, 144 So.2d 813 (Fla. 1962). Cf. s. 252.38 (1)(a), Fla....
...Haag Citrus County Attorney 3600 West Sovereign Path Room 270 Lecanto, Florida 34461 Dear Mr. Haag: You have asked for my opinion on substantially the following question: Is Citrus County authorized to expend county funds to repair private roads during a local emergency declared pursuant to section 252.38 , Florida Statutes? In sum: Citrus County may use county funds to keep private roads passable during a declared state of emergency under section 252.38 , Florida Statutes, if the county commission determines that such an expenditure satisfies a county purpose. According to your letter, the Withlacoochee River has exceeded flood stage and inundated homes and access roads within a private subdivision in Citrus County. The county has declared a local emergency pursuant to section 252.38 , Florida Statutes, and has supplied the residents with remote garbage service, sandbags, and other disaster relief such as having county inmates assist residents in filling and placing sandbags around homes within the subdivision....
...county using county funds. While it is clear that this office has traditionally taken a conservative approach to the expenditure of public funds for private road repair, the situation in Citrus County involves a declaration of emergency pursuant to section 252.38 , Florida Statutes, and the county's duties to protect lives and property under such a declaration....
...c emergency management responsibilities include "[r]esponse to emergencies using all systems, plans, and resources necessary to preserve adequately the health, safety, and welfare of persons or property affected by the emergency." More specifically, section 252.38 (3)(a)1., Florida Statutes, authorizes political subdivisions such as counties "[t]o appropriate and expend funds [and to] provide for the health and safety of persons and property....
...ese private roads accomplishes a valid public purpose as described in the State Emergency Management Act. 13 Therefore, it is my opinion that Citrus County may expend county funds to repair private roads during a local emergency declared pursuant to section 252.38 , Florida Statutes, provided that the county first makes appropriate legislative findings as to the purpose of the expenditure and the benefits which would accrue to the county....
...orded restrictive covenants to those having express or implied permission from the owner, uniform traffic laws in Ch. 316 , Fla. Stat., may not be enforced by a municipal police department on such "private" roads). 7 Section 252.32 (1), Fla. Stat. 8 Section 252.38 (3)(a)4., Fla. Stat. 9 Section 252.38 (3)(a)5.a., Fla. Stat. 10 Section 252.38 (3)(a)5.h., Fla. Stat. 11 Section 252.38 , Fla....
...ea if he deems such action necessary. 6 Thus, section 4(f) of the Executive Order delegates to local governments the authority to compel and direct timely evacuation when necessary in the absence of an executive order or directive of the Governor. 7 Section 252.38 , Florida Statutes, sets forth the emergency management powers of political subdivisions and states that "[s]afeguarding the life and property of its citizens is an innate responsibility of the governing body of each political subdivis...
...issioners of the county. The director is appointed by the board of county commissioners and serves at the pleasure of the board, subject to their direction and control, in conformance with applicable resolutions, ordinances, and laws. 10 Pursuant to section 252.38 (1)(b), Florida Statutes: Each director has direct responsibility for the organization, administration, and operation of the county emergency management agency, subject only to the direction and control of the governing body of the county....
...83-59 wherein it is stated that "[s]ection 4(f) of the executive order [Executive Order No. 80-29] appears to delegate to local governments the authority to compel and direct timely evacuation when necessary in the absence of an executive order or directive of the Governor." 8 Section 252.38 (1)(a), Fla. Stat. Rather than proceeding individually, counties may join together pursuant to an interjurisdictional emergency management agreement under s. 252.38 (1)(b) which must be recognized by the Governor by executive order or rule. 9 Section 252.38 (1)(a), Fla. Stat. 10 Section 252.38 (1)(b), Fla....
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