Florida Law for Forced Vaccinations

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       2021 Legislature            CS for CS for SB 2006, 2nd Engrossed
    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; directing the Governor to report
   68         certain department and agency activities to the
   69         Legislature during a state of emergency; authorizing
   70         public service announcements by the Governor,
   71         Lieutenant Governor, Surgeon General, Director of the
   72         Division of Emergency Management, President of the
   73         Senate, and Speaker of the House of Representatives
   74         during a declared state of emergency; creating s.
   75         252.3611, F.S.; requiring specified information to be
   76         included in orders, proclamations, and rules issued by
   77         the Governor, the division, or an agency; directing
   78         specified entities to submit specified contracts and
   79         reports to the Legislature; directing the Auditor
   80         General to conduct specified financial audits;
   81         amending s. 252.365, F.S.; requiring that disaster
   82         preparedness plans of specified agencies address
   83         pandemics and other public health emergencies and
   84         include certain increases in public access of
   85         government services and availability and distribution
   86         of personal protective equipment during an emergency;
   87         directing agencies to update disaster preparedness
   88         plans by a specified date; amending s. 252.37, F.S.;
   89         revising legislative intent; authorizing the Governor
   90         to transfer and expend moneys from the Emergency
   91         Preparedness and Response Fund; authorizing the
   92         Governor to request that additional funds be
   93         appropriated to the Emergency Preparedness and
   94         Response Fund, subject to approval by the Legislative
   95         Budget Commission, under specified conditions;
   96         requiring an agency or political subdivision to submit
   97         in advance a detailed spending plan for certain
   98         emergency funds to the Legislature; providing an
   99         exception; requiring an agency or political
  100         subdivision to submit a certain notice and a project
  101         worksheet to the Legislature under specified
  102         conditions within a specified timeframe; amending s.
  103         252.38, F.S.; providing a definition; providing
  104         legislative intent; specifying requirements for the
  105         purpose and scope of emergency orders; providing for
  106         the automatic expiration of emergency orders;
  107         authorizing the extension of emergency orders by a
  108         majority vote of the governing body for a specified
  109         duration; authorizing the Governor to invalidate
  110         certain emergency orders; prohibiting the issuance of
  111         certain emergency orders; amending s. 252.385, F.S.;
  112         requiring the division’s hurricane shelter plan to
  113         address projected hurricane shelter needs during
  114         public health emergencies; amending s. 252.44, F.S.;
  115         requiring emergency mitigation planning by state
  116         agencies to include agencies with jurisdiction over
  117         public health; amending s. 252.46, F.S.; providing
  118         that a failure by a political subdivision to file
  119         certain orders and rules with specified entities
  120         within a specified timeframe voids the issued orders
  121         or rules; requiring that certain orders be available
  122         on a dedicated webpage; requiring the division to
  123         provide links to such webpage on its website in a
  124         specified format; requiring that orders issued by a
  125         political subdivision which impose a curfew
  126         restricting travel or movement allow persons to travel
  127         during the curfew to and from their places of
  128         employment; amending s. 377.703, F.S.; conforming a
  129         cross-reference; amending s. 381.00315, F.S.; revising
  130         a definition; directing the Department of Health, in
  131         collaboration with specified entities, to develop a
  132         specified public health emergency plan; requiring the
  133         department to submit the plan to the division;
  134         requiring the department to review and update the plan
  135         as necessary; directing the State Health Officer to
  136         establish methods of reporting certain data;
  137         authorizing the State Health Officer to order and
  138         request assistance with specified duties; revising the
  139         duties of the State Health Officer during a declared
  140         public health emergency; creating s. 381.00316, F.S.;
  141         prohibiting a business entity from requiring patrons
  142         or customers to provide documentation certifying
  143         vaccination against or recovery from COVID-19;
  144         prohibiting governmental entities from requiring
  145         persons to provide documentation certifying
  146         vaccination against or recovery from COVID-19;
  147         prohibiting educational institutions from requiring
  148         students or residents to provide documentation
  149         certifying vaccination against or recovery from COVID
  150         19; authorizing specified screening protocols;
  151         providing application; providing noncriminal
  152         penalties; authorizing the department to adopt rules;
  153         amending s. 406.11, F.S.; requiring district medical
  154         examiners to certify deaths and to assist the State
  155         Health Officer with certain functions upon request;
  156         providing effective dates.
  158  Be It Enacted by the Legislature of the State of Florida:
  160         Section 1. Contingent upon SB 1892 or similar legislation
  161  creating the Emergency Preparedness and Response Fund taking
  162  effect, subsection (8) is added to section 11.90, Florida
  163  Statutes, to read:
  164         11.90 Legislative Budget Commission.—
  165         (8)The commission may convene to transfer unappropriated
  166  surplus funds to the Emergency Preparedness and Response Fund.
  167         Section 2. Section 252.311, Florida Statutes, is amended to
  168  read:
  169         252.311 Legislative intent.—
  170         (1) The Legislature finds and declares that the state is
  171  vulnerable to a wide range of emergencies, including natural,
  172  technological, and manmade disasters, all of which threaten the
  173  life, health, and safety of its people; damage and destroy
  174  property; disrupt services and everyday business and
  175  recreational activities; and impede economic growth and
  176  development. The Legislature further finds that this
  177  vulnerability is exacerbated by the tremendous growth in the
  178  state’s population, especially the growth in the number of
  179  persons residing in coastal areas, in the elderly population, in
  180  the number of seasonal vacationers, and in the number of persons
  181  with special needs. This growth has greatly complicated the
  182  state’s ability to coordinate its emergency management resources
  183  and activities.
  184         (2) It is the intent of the Legislature to reduce the
  185  vulnerability of the people and property of this state; to
  186  prepare for efficient evacuation and shelter of threatened or
  187  affected persons; to provide for the rapid and orderly provision
  188  of relief to persons and for the restoration of services and
  189  property; to prepare for and efficiently respond to public
  190  health emergencies; and to provide for the coordination of
  191  activities relating to emergency preparedness, response,
  192  recovery, and mitigation among and between agencies and
  193  officials of this state, with similar agencies and officials of
  194  other states, with local and federal governments, with
  195  interstate organizations, and with the private sector.
  196         (3) It is further the intent of the Legislature to promote
  197  the state’s emergency preparedness, response, recovery, and
  198  mitigation capabilities through enhanced coordination, long-term
  199  planning, and adequate funding. State policy for responding to
  200  disasters is to support local emergency response efforts. In the
  201  case of a major or catastrophic disaster, however, the needs of
  202  residents and communities will likely be greater than local
  203  resources. In these situations, the state must be capable of
  204  providing effective, coordinated, and timely support to
  205  communities and the public. Therefore, the Legislature hereby
  206  determines and declares that the provisions of this act fulfill
  207  an important state interest.
  208         (4)It is further the intent of the Legislature to minimize
  209  the negative effects of an extended emergency, such as a
  210  pandemic or another public health emergency. The Legislature
  211  recognizes that there are significant negative impacts on
  212  children and families associated with school closures during a
  213  public health emergency such as the COVID-19 pandemic. The
  214  Legislature also recognizes the significant negative impacts of
  215  such emergencies on the economy due to business closures.
  216         (5) It is further the intent of the Legislature that all
  217  aspects of emergency preparedness, response, and recovery be
  218  made transparent to the public to the greatest extent possible.
  219         Section 3. Present subsections (9) and (10) of section
  220  252.34, Florida Statutes, are redesignated as subsections (10)
  221  and (12), respectively, and new subsection (9) and subsection
  222  (11) are added to that section, to read:
  223         252.34 Definitions.—As used in this part, the term:
  224         (9)“Personal protective equipment” means protective
  225  clothing or equipment designed to protect an individual person
  226  from injury or the spread of infection.
  227         (11)“Public health emergency” means any occurrence, or
  228  threat thereof, whether natural or manmade, which results or may
  229  result in substantial injury or harm to the public health from
  230  infectious disease, chemical agents, nuclear agents, biological
  231  toxins, or situations involving mass casualties or natural
  232  disasters, declared as a public health emergency as declared by
  233  the State Health Officer.
  234         Section 4. Subsection (2) of section 252.35, Florida
  235  Statutes, is amended to read:
  236         252.35 Emergency management powers; Division of Emergency
  237  Management.—
  238         (2) The division is responsible for carrying out the
  239  provisions of ss. 252.31-252.90. In performing its duties, the
  240  division shall:
  241         (a) Prepare a state comprehensive emergency management
  242  plan, which shall be integrated into and coordinated with the
  243  emergency management plans and programs of the Federal
  244  Government. The division shall must adopt the plan as a rule in
  245  accordance with chapter 120. The plan must shall be implemented
  246  by a continuous, integrated comprehensive emergency management
  247  program. The plan must contain provisions to ensure that the
  248  state is prepared for emergencies and minor, major, and
  249  catastrophic disasters, and the division shall work closely with
  250  local governments and agencies and organizations with emergency
  251  management responsibilities in preparing and maintaining the
  252  plan. The state comprehensive emergency management plan must
  253  shall be operations oriented and:
  254         1. Include an evacuation component that includes specific
  255  regional and interregional planning provisions and promotes
  256  intergovernmental coordination of evacuation activities. This
  257  component must, at a minimum: contain guidelines for lifting
  258  tolls on state highways; ensure coordination pertaining to
  259  evacuees crossing county lines; set forth procedures for
  260  directing people caught on evacuation routes to safe shelter;
  261  establish strategies for ensuring sufficient, reasonably priced
  262  fueling locations along evacuation routes; and establish
  263  policies and strategies for emergency medical evacuations.
  264         2. Include a shelter component that includes specific
  265  regional and interregional planning provisions and promotes
  266  coordination of shelter activities between the public, private,
  267  and nonprofit sectors. This component must, at a minimum:
  268  contain strategies to ensure the availability of adequate public
  269  shelter space in each region of the state; establish strategies
  270  for refuge-of-last-resort programs; provide strategies to assist
  271  local emergency management efforts to ensure that adequate
  272  staffing plans exist for all shelters, including medical and
  273  security personnel; provide for a postdisaster communications
  274  system for public shelters; establish model shelter guidelines
  275  for operations, registration, inventory, power generation
  276  capability, information management, and staffing; and set forth
  277  policy guidance for sheltering people with special needs.
  278         3. Include a postdisaster response and recovery component
  279  that includes specific regional and interregional planning
  280  provisions and promotes intergovernmental coordination of
  281  postdisaster response and recovery activities. This component
  282  must provide for postdisaster response and recovery strategies
  283  according to whether a disaster is minor, major, or
  284  catastrophic. The postdisaster response and recovery component
  285  must, at a minimum: establish the structure of the state’s
  286  postdisaster response and recovery organization; establish
  287  procedures for activating the state’s plan; set forth policies
  288  used to guide postdisaster response and recovery activities;
  289  describe the chain of command during the postdisaster response
  290  and recovery period; describe initial and continuous
  291  postdisaster response and recovery actions; identify the roles
  292  and responsibilities of each involved agency and organization;
  293  provide for a comprehensive communications plan; establish
  294  procedures for monitoring mutual aid agreements; provide for
  295  rapid impact assessment teams; ensure the availability of an
  296  effective statewide urban search and rescue program coordinated
  297  with the fire services; ensure the existence of a comprehensive
  298  statewide medical care and relief plan administered by the
  299  Department of Health; and establish systems for coordinating
  300  volunteers and accepting and distributing donated funds and
  301  goods.
  302         4. Include additional provisions addressing aspects of
  303  preparedness, response, recovery, and mitigation as determined
  304  necessary by the division.
  305         5. Address the need for coordinated and expeditious
  306  deployment of state resources, including the Florida National
  307  Guard. In the case of an imminent major disaster, procedures
  308  should address predeployment of the Florida National Guard, and,
  309  in the case of an imminent catastrophic disaster, procedures
  310  should address predeployment of the Florida National Guard and
  311  the United States Armed Forces.
  312         6. Establish a system of communications and warning to
  313  ensure that the state’s population and emergency management
  314  agencies are warned of developing emergency situations,
  315  including public health emergencies, and can communicate
  316  emergency response decisions.
  317         7. Establish guidelines and schedules for annual exercises
  318  that evaluate the ability of the state and its political
  319  subdivisions to respond to minor, major, and catastrophic
  320  disasters and support local emergency management agencies. Such
  321  exercises shall be coordinated with local governments and, to
  322  the extent possible, the Federal Government.
  323         8. Assign lead and support responsibilities to state
  324  agencies and personnel for emergency support functions and other
  325  support activities.
  326         9.Include the public health emergency plan developed by
  327  the Department of Health pursuant to s. 381.00315.
  329  The complete state comprehensive emergency management plan must
  330  shall be submitted to the President of the Senate, the Speaker
  331  of the House of Representatives, and the Governor on February 1
  332  of every even-numbered year.
  333         (b) Adopt standards and requirements for county emergency
  334  management plans. The standards and requirements must ensure
  335  that county plans are coordinated and consistent with the state
  336  comprehensive emergency management plan. If a municipality
  337  elects to establish an emergency management program, it must
  338  adopt a city emergency management plan that complies with all
  339  standards and requirements applicable to county emergency
  340  management plans.
  341         (c) Assist political subdivisions in preparing and
  342  maintaining emergency management plans.
  343         (d) Review periodically political subdivision emergency
  344  management plans for consistency with the state comprehensive
  345  emergency management plan and standards and requirements adopted
  346  under this section.
  347         (e) Cooperate with the President, the heads of the Armed
  348  Forces, the various federal emergency management agencies,
  349  federal or state health agencies, and the officers and agencies
  350  of other states in matters pertaining to emergency management in
  351  the state and the nation and incidents thereof and, in
  352  connection therewith, take any measures that it deems proper to
  353  carry into effect any request of the President and the
  354  appropriate federal officers and agencies for any emergency
  355  management action, including the direction or control of:
  356         1. Emergency management drills, tests, or exercises of
  357  whatever nature.
  358         2. Warnings and signals for tests and drills, attacks, or
  359  other imminent emergencies or threats thereof and the mechanical
  360  devices to be used in connection with such warnings and signals.
  361         (f) Make recommendations to the Legislature, building code
  362  organizations, and political subdivisions for zoning, building,
  363  and other land use controls; safety measures for securing mobile
  364  homes or other nonpermanent or semipermanent structures; and
  365  other preparedness, prevention, and mitigation measures designed
  366  to eliminate emergencies or reduce their impact.
  367         (g) In accordance with the state comprehensive emergency
  368  management plan and program for emergency management, ascertain
  369  the requirements of the state and its political subdivisions for
  370  equipment and supplies of all kinds in the event of an
  371  emergency; plan for and either procure supplies, medicines,
  372  materials, and equipment or enter into memoranda of agreement or
  373  open purchase orders that will ensure their availability; and
  374  use and employ from time to time any of the property, services,
  375  and resources within the state in accordance with ss. 252.31
  376  252.90.
  377         (h) Anticipate trends and promote innovations that will
  378  enhance the emergency management system.
  379         (i) Institute statewide public awareness programs,
  380  including. This shall include an intensive public educational
  381  campaign on emergency preparedness issues. Such programs must
  382  include, including, but need not be limited to, the personal
  383  responsibility of individual residents citizens to be self
  384  sufficient for up to 72 hours following a natural or manmade
  385  disaster or a public health emergency. The public educational
  386  campaign must shall include relevant information on public
  387  health emergency mitigation, statewide disaster plans,
  388  evacuation routes, fuel suppliers, and shelters. All educational
  389  materials must be available in alternative formats and mediums
  390  to ensure that they are available to persons with disabilities.
  391         (j) In cooperation with the Department of Education,
  392  coordinate with the Agency for Persons with Disabilities to
  393  provide an educational outreach program on disaster preparedness
  394  and readiness to individuals who have limited English skills and
  395  identify persons who are in need of assistance but are not
  396  defined under special-needs criteria.
  397         (k) Prepare and distribute to appropriate state and local
  398  officials catalogs of federal, state, and private assistance
  399  programs.
  400         (l) Coordinate federal, state, and local emergency
  401  management activities and take all other steps, including the
  402  partial or full mobilization of emergency management forces and
  403  organizations in advance of an actual emergency, to ensure the
  404  availability of adequately trained and equipped forces of
  405  emergency management personnel before, during, and after
  406  emergencies and disasters.
  407         (m) Establish a schedule of fees that may be charged by
  408  local emergency management agencies for review of emergency
  409  management plans on behalf of external agencies and
  410  institutions. In establishing such schedule, the division shall
  411  consider facility size, review complexity, and other factors.
  412         (n) Implement training programs to improve the ability of
  413  state and local emergency management personnel to prepare and
  414  implement emergency management plans and programs. This shall
  415  include a continuous training program for agencies and
  416  individuals that will be called on to perform key roles in state
  417  and local postdisaster response and recovery efforts and for
  418  local government personnel on federal and state postdisaster
  419  response and recovery strategies and procedures.
  420         (o) Review periodically emergency operating procedures of
  421  state agencies and recommend revisions as needed to ensure
  422  consistency with the state comprehensive emergency management
  423  plan and program.
  424         (p) Make such surveys of industries, resources, and
  425  facilities within the state, both public and private, as are
  426  necessary to carry out the purposes of ss. 252.31-252.90.
  427         (q) Prepare, in advance whenever possible, such executive
  428  orders, proclamations, and rules for issuance by the Governor as
  429  are necessary or appropriate for coping with emergencies and
  430  disasters.
  431         (r) Cooperate with the Federal Government and any public or
  432  private agency or entity in achieving any purpose of ss. 252.31
  433  252.90 and in implementing programs for mitigation, preparation,
  434  response, and recovery.
  435         (s) Complete an inventory of portable generators owned by
  436  the state and local governments which are capable of operating
  437  during a major disaster. The inventory must identify, at a
  438  minimum, the location of each generator, the number of
  439  generators stored at each specific location, the agency to which
  440  each generator belongs, the primary use of the generator by the
  441  owner agency, and the names, addresses, and telephone numbers of
  442  persons having the authority to loan the stored generators as
  443  authorized by the division during a declared emergency.
  444         (t) Maintain an inventory list of generators owned by the
  445  state and local governments. In addition, the division may keep
  446  a list of private entities, along with appropriate contact
  447  information, which offer generators for sale or lease. The list
  448  of private entities shall be available to the public for
  449  inspection in written and electronic formats.
  450         (u) Acquire and maintain a supply of personal protective
  451  equipment owned by the state for use by state agencies and to
  452  assist local government and the private sector, when determined
  453  to be necessary by the State Coordinating Officer, in meeting
  454  safety needs during a declared emergency. The division shall
  455  conduct regular inventories of the supply, which must include
  456  projections of the need for additional personal protective
  457  equipment, as assessed by each governmental agency, to maintain
  458  the supply and replace expired items. The division shall
  459  maintain and replace the equipment on a standardized schedule
  460  that recognizes equipment expiration and obsolescence. This
  461  paragraph is subject to appropriation. The initial inventory
  462  must be reported by December 31, 2021, to the Governor, the
  463  President of the Senate, the Speaker of the House of
  464  Representatives, and the Chief Justice of the Supreme Court and,
  465  thereafter, the inventory must be reported by each December 31
  466  to those officers.
  467         (v) Assist political subdivisions with the creation and
  468  training of urban search and rescue teams and promote the
  469  development and maintenance of a state urban search and rescue
  470  program.
  471         (w)(v) Delegate, as necessary and appropriate, authority
  472  vested in it under ss. 252.31-252.90 and provide for the
  473  subdelegation of such authority. The duration of each such
  474  delegation or subdelegation during an emergency may not exceed
  475  60 days; however a delegation or subdelegation may be renewed
  476  during the emergency, as necessary.
  477         (x)(w) Report biennially to the President of the Senate,
  478  the Speaker of the House of Representatives, the Chief Justice
  479  of the Supreme Court, and the Governor, no later than February 1
  480  of every odd-numbered year, the status of the emergency
  481  management capabilities of the state and its political
  482  subdivisions. This report must include the emergency management
  483  capabilities related to public health emergencies, as determined
  484  in collaboration with the Department of Health.
  485         (y)(x) In accordance with chapter 120, create, implement,
  486  administer, adopt, amend, and rescind rules, programs, and plans
  487  needed to carry out the provisions of ss. 252.31-252.90 with due
  488  consideration for, and in cooperating with, the plans and
  489  programs of the Federal Government. In addition, the division
  490  may adopt rules in accordance with chapter 120 to administer and
  491  distribute federal financial predisaster and postdisaster
  492  assistance for prevention, mitigation, preparedness, response,
  493  and recovery.
  494         (z)(y) Do other things necessary, incidental, or
  495  appropriate for the implementation of ss. 252.31-252.90.
  496         Section 5. Subsection (2) of section 252.355, Florida
  497  Statutes, is amended to read:
  498         252.355 Registry of persons with special needs; notice;
  499  registration program.—
  500         (2) In order to ensure that all persons with special needs
  501  may register, the division shall develop and maintain a special
  502  needs shelter registration program. During a public health
  503  emergency in which physical distancing is necessary, as
  504  determined by the State Health Officer, the division must
  505  maintain information on special needs shelter options that
  506  mitigate the threat of the spread of infectious diseases The
  507  registration program must be developed by January 1, 2015, and
  508  fully implemented by March 1, 2015.
  509         (a) The registration program shall include, at a minimum, a
  510  uniform electronic registration form and a database for
  511  uploading and storing submitted registration forms that may be
  512  accessed by the appropriate local emergency management agency.
  513  The link to the registration form shall be easily accessible on
  514  each local emergency management agency’s website. Upon receipt
  515  of a paper registration form, the local emergency management
  516  agency shall enter the person’s registration information into
  517  the database.
  518         (b) To assist in identifying persons with special needs,
  519  home health agencies, hospices, nurse registries, home medical
  520  equipment providers, the Department of Children and Families,
  521  the Department of Health, the Agency for Health Care
  522  Administration, the Department of Education, the Agency for
  523  Persons with Disabilities, the Department of Elderly Affairs,
  524  and memory disorder clinics shall, and any physician licensed
  525  under chapter 458 or chapter 459 and any pharmacy licensed under
  526  chapter 465 may, annually provide registration information to
  527  all of their special needs clients or their caregivers. The
  528  division shall develop a brochure that provides information
  529  regarding special needs shelter registration procedures. The
  530  brochure must be easily accessible on the division’s website.
  531  All appropriate agencies and community-based service providers,
  532  including aging and disability resource centers, memory disorder
  533  clinics, home health care providers, hospices, nurse registries,
  534  and home medical equipment providers, shall, and any physician
  535  licensed under chapter 458 or chapter 459 may, assist emergency
  536  management agencies by annually registering persons with special
  537  needs for special needs shelters, collecting registration
  538  information for persons with special needs as part of the
  539  program intake process, and establishing programs to educate
  540  clients about the registration process and disaster preparedness
  541  safety procedures. A client of a state-funded or federally
  542  funded service program who has a physical, mental, or cognitive
  543  impairment or sensory disability and who needs assistance in
  544  evacuating, or when in a shelter, must register as a person with
  545  special needs. The registration program shall give persons with
  546  special needs the option of preauthorizing emergency response
  547  personnel to enter their homes during search and rescue
  548  operations if necessary to ensure their safety and welfare
  549  following disasters.
  550         (c) The division shall be the designated lead agency
  551  responsible for community education and outreach to the public,
  552  including special needs clients, regarding registration and
  553  special needs shelters and general information regarding shelter
  554  stays.
  555         (d) On or before May 31 of each year, each electric utility
  556  in the state shall annually notify residential customers in its
  557  service area of the availability of the registration program
  558  available through their local emergency management agency by:
  559         1. An initial notification upon the activation of new
  560  residential service with the electric utility, followed by one
  561  annual notification between January 1 and May 31; or
  562         2. Two separate annual notifications between January 1 and
  563  May 31.
  565  The notification may be made by any available means, including,
  566  but not limited to, written, electronic, or verbal notification,
  567  and may be made concurrently with any other notification to
  568  residential customers required by law or rule.
  569         Section 6. Subsection (5) of section 252.356, Florida
  570  Statutes, is amended to read:
  571         252.356 Emergency and disaster planning provisions to
  572  assist persons with disabilities or limitations.—State agencies
  573  that contract with providers for the care of persons with
  574  disabilities or limitations that make such persons dependent
  575  upon the care of others shall include emergency and disaster
  576  planning provisions in such contracts at the time the contracts
  577  are initiated or upon renewal. These provisions shall include,
  578  but shall not be limited to:
  579         (5) A procedure for providing the essential services the
  580  organization currently provides to special needs clients in
  581  preparation for, and during, and following, a disaster,
  582  including, but not limited to, a public health emergency.
  583         Section 7. Subsection (2) of section 252.359, Florida
  584  Statutes, is amended to read:
  585         252.359 Ensuring availability of emergency supplies.—
  586         (2) As used in this section, the term “essentials” means
  587  goods that are consumed or used as a direct result of a declared
  588  emergency, or that are consumed or used to preserve, protect, or
  589  sustain life, health, safety, or economic well-being. The term
  590  includes, but is not limited to, personal protective equipment
  591  used in the event of a public health emergency.
  592         Section 8. Present subsections (3) through (10) of section
  593  252.36, Florida Statutes, are redesignated as subsections (4)
  594  through (11), respectively, a new subsection (3) and subsection
  595  (12) are added to that section, and subsections (1) and (2) and
  596  paragraph (c) of present subsection (5) of that section are
  597  amended, to read:
  598         252.36 Emergency management powers of the Governor.—
  599         (1)(a) The Governor is responsible for meeting the dangers
  600  presented to this state and its people by emergencies. In the
  601  event of an emergency beyond local control, the Governor, or, in
  602  the Governor’s absence, her or his successor as provided by law,
  603  may assume direct operational control over all or any part of
  604  the emergency management functions within this state, and she or
  605  he shall have the power through proper process of law to carry
  606  out the provisions of this section. The Governor is authorized
  607  to delegate such powers as she or he may deem prudent.
  608         (b) Pursuant to the authority vested in her or him under
  609  paragraph (a), the Governor may issue executive orders,
  610  proclamations, and rules and may amend or rescind them. Such
  611  executive orders, proclamations, and rules shall have the force
  612  and effect of law. An executive order, a proclamation, or a rule
  613  must be limited to a duration of not more than 60 days and may
  614  be renewed as necessary during the duration of the emergency. If
  615  renewed, the order, proclamation, or rule must specifically
  616  state which provisions are being renewed.
  617         (c)The Legislature intends that, during an extended public
  618  health emergency, such as the COVID-19 pandemic, there should be
  619  a presumption that K-12 public schools, to the greatest extent
  620  possible, should remain open so long as the health and safety of
  621  students and school personnel can be maintained by specific
  622  public health mitigation strategies recommended by federal or
  623  state health agencies for educational settings. The Legislature
  624  also intends that during such an event, there be a presumption
  625  that businesses should remain open to the greatest extent
  626  possible so long as the health and safety of employees and
  627  customers can be reasonably protected by specific public health
  628  mitigation strategies recommended by federal or state health
  629  agencies, including, but not limited, to the Occupational Safety
  630  and Health Administration.
  631         1. If the Governor declares by executive order or
  632  proclamation that the emergency requires closure of or
  633  restricted in-person attendance at K-12 public schools, the
  634  executive order or proclamation must contain specific reasons
  635  for those determinations, and he or she must review and reassess
  636  the situation regularly.
  637         2. If the Governor declares by executive order or
  638  proclamation that the emergency requires businesses to restrict
  639  their operations or close, the executive order or proclamation
  640  must contain specific reasons for those determinations, and he
  641  or she must review and reassess the situation regularly.
  642         (2) A state of emergency must shall be declared by
  643  executive order or proclamation of the Governor if she or he
  644  finds an emergency has occurred or that the occurrence or the
  645  threat thereof is imminent. The state of emergency must shall
  646  continue until the Governor finds that the threat or danger has
  647  been dealt with to the extent that the emergency conditions no
  648  longer exist and she or he terminates the state of emergency by
  649  executive order or proclamation, but no state of emergency may
  650  continue for longer than 60 days unless renewed by the Governor.
  651  The Legislature by concurrent resolution may terminate a state
  652  of emergency at any time. Thereupon, the Governor shall issue an
  653  executive order or proclamation ending the state of emergency.
  654  All executive orders or proclamations issued under this section
  655  must shall indicate the nature of the emergency, the area or
  656  areas threatened, and the conditions which have brought the
  657  emergency about or which make possible its termination. An
  658  executive order or proclamation must shall be promptly
  659  disseminated by means calculated to bring its contents to the
  660  attention of the general public; and, unless the circumstances
  661  attendant upon the emergency prevent or impede such filing, the
  662  order or proclamation must shall be filed promptly with the
  663  Department of State, the President of the Senate and the Speaker
  664  of the House of Representatives, and in the offices of the
  665  county commissioners in the counties to which the order or
  666  proclamation applies.
  667         (3)(a) At any time, the Legislature, by concurrent
  668  resolution, may terminate a state of emergency or any specific
  669  order, proclamation, or rule thereunder. Upon such concurrent
  670  resolution, the Governor shall issue an executive order or
  671  proclamation consistent with the concurrent resolution.
  672         (b) Notwithstanding s. 252.46(2), all emergency
  673  declarations and orders, regardless of how titled, issued under
  674  the authority of this part by the Governor or any agency,
  675  whether by direct, delegated, or subdelegated authority, before,
  676  during, or after a declared emergency, must be immediately filed
  677  with the Division of Administrative Hearings. Failure to file
  678  any such declaration or order with the division within 5 days
  679  after issuance voids the declaration or order. The division
  680  shall index all such declarations and orders and make them
  681  available in searchable format on its website within 3 days of
  682  filing. The searchable format must include, but is not limited
  683  to, searches by term, referenced statutes, and rules and must
  684  include a search category that specifically identifies emergency
  685  orders in effect at any given time. A link to the division’s
  686  index must be placed in a conspicuous location on the Division
  687  of Emergency Management’s website.
  688         (6)(5) In addition to any other powers conferred upon the
  689  Governor by law, she or he may:
  690         (c) Transfer the direction, personnel, or functions of
  691  state departments and agencies or units thereof for the purpose
  692  of performing or facilitating emergency services. The transfer
  693  of the direction, personnel, or functions of state departments
  694  and agencies must be reported monthly on a cumulative basis to
  695  the President of the Senate and the Speaker of the House of
  696  Representatives.
  697         (12) During a declared state of emergency, the Governor,
  698  the Lieutenant Governor, the Surgeon General, the Director of
  699  the Division of Emergency Management, the President of the
  700  Senate, and the Speaker of the House of Representatives may
  701  disseminate public service announcements concerning the
  702  emergency and the provisions of ss. 112.3148 and 112.3215 do not
  703  apply.
  704         Section 9. Section 252.3611, Florida Statutes, is created
  705  to read:
  706         252.3611 Transparency; audits.—
  707         (1) Each order, proclamation, or rule issued by the
  708  Governor, the division, or any agency must specify the statute
  709  or rule being amended or waived, if applicable, and the
  710  expiration date for the order, proclamation, or rule.
  711         (2) When the duration of an emergency exceeds 90 days:
  712         (a) Within 72 hours of executing a contract executed with
  713  moneys authorized for expenditure to support the response to the
  714  declared state of emergency, the Executive Office of the
  715  Governor or the appropriate agency shall submit a copy of such
  716  contract to the Legislature. For contracts executed during the
  717  first 90 days of the emergency, the Executive Office of the
  718  Governor or the appropriate agency shall submit a copy to the
  719  Legislature within the first 120 days of the declared emergency.
  720         (b) The Executive Office of the Governor or the appropriate
  721  agency shall submit monthly reports to the Legislature of all
  722  state expenditures, revenues received, and funds transferred by
  723  an agency during the previous month to support the declared
  724  state of emergency.
  725         (3) Once an emergency exceeds 1 year, the Auditor General
  726  shall conduct a financial audit of all associated expenditures
  727  and a compliance audit of all associated contracts entered into
  728  during the declared emergency. The Auditor General must update
  729  the audit annually until the emergency is declared to be ended.
  730         (4) Following the expiration or termination of a state of
  731  emergency, the Auditor General shall conduct a financial audit
  732  of all associated expenditures and a compliance audit of all
  733  associated contracts entered into during the state of emergency.
  734         Section 10. Subsection (3) of section 252.365, Florida
  735  Statutes, is amended to read:
  736         252.365 Emergency coordination officers; disaster
  737  preparedness plans.—
  738         (3) Emergency coordination officers shall ensure These
  739  individuals shall be responsible for ensuring that each state
  740  agency and facility, such as a prison, office building, or
  741  university, has a disaster preparedness plan that is coordinated
  742  with the applicable local emergency-management agency and
  743  approved by the division.
  744         (a) The disaster-preparedness plan must outline a
  745  comprehensive and effective program to ensure continuity of
  746  essential state functions under all circumstances, including,
  747  but not limited to, a pandemic or other public health emergency.
  748  The plan must identify a baseline of preparedness for a full
  749  range of potential emergencies to establish a viable capability
  750  to perform essential functions during any emergency or other
  751  situation that disrupts normal operations. This baseline must
  752  consider and include preparedness for rapid and large-scale
  753  increases in the public’s need to access government services
  754  through technology or other means during an emergency,
  755  including, but not limited to, a public health emergency.
  756         (b) The plan must include, at a minimum, the following
  757  elements: identification of essential functions, programs, and
  758  personnel; procedures to implement the plan and personnel
  759  notification and accountability; delegations of authority and
  760  lines of succession; identification of alternative facilities
  761  and related infrastructure, including those for communications;
  762  identification and protection of vital records and databases;
  763  provisions regarding the availability of, and distribution plans
  764  for, personal protective equipment; and schedules and procedures
  765  for periodic tests, training, and exercises.
  766         (c) The division shall develop and distribute guidelines
  767  for developing and implementing the plan. By December 31, 2022,
  768  each agency must update its plan to include provisions related
  769  to preparation for pandemics and other public health emergencies
  770  consistent with the plan developed pursuant to s. 381.00315.
  771  Each agency plan must be updated as needed to remain consistent
  772  with the state public health emergency management plan.
  773         Section 11. Subsections (7) and (8) are added to section
  774  252.37, Florida Statutes, and subsection (2) of that section is
  775  amended, contingent upon SB 1892 or similar legislation creating
  776  the Emergency Preparedness and Response Fund taking effect, to
  777  read:
  778         252.37 Financing.—
  779         (2)(a) It is the legislative intent that the first recourse
  780  be made to funds specifically regularly appropriated to state
  781  and local agencies for disaster relief or response.
  782         (b) If the Governor finds that the demands placed upon
  783  these funds in coping with a particular disaster declared by the
  784  Governor as a state of emergency are unreasonably great, she or
  785  he may make funds available by transferring and expending moneys
  786  appropriated for other purposes, by transferring and expending
  787  moneys out of any unappropriated surplus funds, or from the
  788  Emergency Preparedness and Response Budget Stabilization Fund.
  789  The Governor may request additional funds to be appropriated to
  790  the Emergency Preparedness and Response Fund by a budget
  791  amendment, subject to approval of the Legislative Budget
  792  Commission.
  793         (c) Following the expiration or termination of the state of
  794  emergency, the Governor may transfer moneys with a budget
  795  amendment, subject to approval by the Legislative Budget
  796  Commission, to satisfy the budget authority granted for such
  797  emergency. The transfers and expenditures supporting the
  798  amendment must be directly related to the declared disaster or
  799  emergency.
  800         (7) An agency or political subdivision shall submit in
  801  advance a detailed spending plan for any grants, gifts, loans,
  802  funds, payments, services, equipment, supplies, or materials in
  803  aid of or for the purposes of emergency prevention, recovery,
  804  mitigation, preparedness, and management, other than emergency
  805  response, received under this section to the President of the
  806  Senate, the Speaker of the House of Representatives, and the
  807  chairs of the legislative appropriations committees. This
  808  paragraph does not apply to the receipt of any funds from an
  809  agency, department, or other affiliated entity of the Federal
  810  Government as part of an expedited project worksheet in
  811  anticipation of emergency response expenditures. If an emergency
  812  situation precludes the timely advanced submission of a detailed
  813  spending plan, the plan must be submitted as soon as
  814  practicable, but not later than 30 days after initiation of any
  815  expenditures, and be resubmitted every 30 days as long as the
  816  emergency continues and funds continue to be disbursed.
  817         (8) For emergency response activities, including an
  818  emergency response that includes emergency protective measures
  819  or debris removal, the agency or political subdivision is not
  820  required to provide a detailed spending plan in advance of
  821  expenditures, but must provide notice to the President of the
  822  Senate, the Speaker of the House of Representatives, and the
  823  chairs of the legislative appropriations committees of all
  824  expenditures in aggregate categories incurred in the emergency
  825  response no later than 30 days after the expenditure is
  826  incurred, and a copy of any project worksheet submitted to the
  827  Federal Emergency Management Agency must be submitted to the
  828  same parties no later than 7 days after it is submitted to the
  829  Federal Emergency Management Agency.
  830         Section 12. Subsection (4) is added to section 252.38,
  831  Florida Statutes, to read:
  832         252.38 Emergency management powers of political
  833  subdivisions.—Safeguarding the life and property of its citizens
  834  is an innate responsibility of the governing body of each
  835  political subdivision of the state.
  837         (a) As used in this subsection, the term “emergency order”
  838  means an order or ordinance issued or enacted by a political
  839  subdivision in response to an emergency pursuant to this chapter
  840  or chapter 381 that limits the rights or liberties of
  841  individuals or businesses within the political subdivision. The
  842  term does not apply to orders issued in response to hurricanes
  843  or other weather-related emergencies.
  844         (b) It is the intent of the Legislature to minimize the
  845  negative effects of an emergency order issued by a political
  846  subdivision. Notwithstanding any other law, an emergency order
  847  issued by a political subdivision must be narrowly tailored to
  848  serve a compelling public health or safety purpose. Any such
  849  emergency order must be limited in duration, applicability, and
  850  scope in order to reduce any infringement on individual rights
  851  or liberties to the greatest extent possible.
  852         (c) An emergency order automatically expires 7 days after
  853  issuance but may be extended by a majority vote of the governing
  854  body of the political subdivision, as necessary, in 7-day
  855  increments for a total duration of not more than 42 days.
  856         (d) The Governor may, at any time, invalidate an emergency
  857  order issued by a political subdivision if the Governor
  858  determines that such order unnecessarily restricts individual
  859  rights or liberties.
  860         (e) Upon the expiration of an emergency order, a political
  861  subdivision may not issue a substantially similar order.
  862         Section 13. Subsections (1), (2), and (3) of section
  863  252.385, Florida Statutes, are amended to read:
  864         252.385 Public shelter space.—
  865         (1) It is the intent of the Legislature that this state not
  866  have a deficit of safe public hurricane evacuation shelter space
  867  in any region of the state by 1998 and thereafter.
  868         (2)(a) The division shall administer a program to survey
  869  existing schools, universities, community colleges, and other
  870  state-owned, municipally owned, and county-owned public
  871  buildings and any private facility that the owner, in writing,
  872  agrees to provide for use as a public hurricane evacuation
  873  shelter to identify those that are appropriately designed and
  874  located to serve as such shelters. The owners of the facilities
  875  must be given the opportunity to participate in the surveys. The
  876  state university boards of trustees, district school boards,
  877  community college boards of trustees, and the Department of
  878  Education are responsible for coordinating and implementing the
  879  survey of public schools, universities, and community colleges
  880  with the division or the local emergency management agency.
  881         (b) By January 31 of each even-numbered year, the division
  882  shall prepare and submit a statewide emergency shelter plan to
  883  the Governor and Cabinet for approval, subject to the
  884  requirements for approval in s. 1013.37(2). The emergency
  885  shelter plan must project, for each of the next 5 years, the
  886  hurricane shelter needs of the state, including periods of time
  887  during which a concurrent public health emergency may
  888  necessitate more space for each individual to accommodate
  889  physical distancing. In addition to information on the general
  890  shelter needs throughout this state, the plan must shall
  891  identify the general location and square footage of special
  892  needs shelters, by regional planning council region, during the
  893  next 5 years. The plan must shall also include information on
  894  the availability of shelters that accept pets. The Department of
  895  Health shall assist the division in determining the estimated
  896  need for special needs shelter space and the adequacy of
  897  facilities to meet the needs of persons with special needs based
  898  on information from the registries of persons with special needs
  899  and other information.
  900         (3) The division shall annually provide to the President of
  901  the Senate, the Speaker of the House of Representatives, and the
  902  Governor a list of facilities recommended to be retrofitted
  903  using state funds. State funds should be maximized and targeted
  904  to regional planning council regions with hurricane evacuation
  905  shelter deficits. Retrofitting facilities in regions with public
  906  hurricane evacuation shelter deficits shall be given first
  907  priority and should be completed by 2003. All recommended
  908  facilities should be retrofitted by 2008. The owner or lessee of
  909  a public hurricane evacuation shelter that is included on the
  910  list of facilities recommended for retrofitting is not required
  911  to perform any recommended improvements.
  912         Section 14. Subsection (1) of section 252.44, Florida
  913  Statutes, is amended to read:
  914         252.44 Emergency mitigation.—
  915         (1) In addition to prevention measures included in the
  916  state and local comprehensive emergency management plans, the
  917  Governor shall consider on a continuing basis steps that could
  918  be taken to mitigate the harmful consequences of emergencies. At
  919  the Governor’s direction and pursuant to any other authority and
  920  competence they have, state agencies, including, but not limited
  921  to, those charged with responsibilities in connection with
  922  protecting and maintaining the public health, flood plain
  923  management, stream encroachment and flow regulation, weather
  924  modification, fire prevention and control, air quality, public
  925  works, land use and land use planning, and construction
  926  standards, shall make studies of emergency-mitigation-related
  927  matters. The Governor, from time to time, shall make such
  928  recommendations to the Legislature, local governments, and other
  929  appropriate public and private entities as may facilitate
  930  measures for mitigation of the harmful consequences of
  931  emergencies.
  932         Section 15. Present subsection (3) of section 252.46,
  933  Florida Statutes, is redesignated as subsection (5), a new
  934  subsection (3) and subsection (4) are added to that section, and
  935  subsection (2) of that section is amended, to read:
  936         252.46 Orders and rules.—
  937         (2) All orders and rules adopted by the division or any
  938  political subdivision or other agency authorized by ss. 252.31
  939  252.90 to make orders and rules have full force and effect of
  940  law after adoption in accordance with the provisions of chapter
  941  120 in the event of issuance by the division or any state agency
  942  or, if adopted promulgated by a political subdivision of the
  943  state or agency thereof, when filed in the office of the clerk
  944  or recorder of the political subdivision or agency adopting
  945  promulgating the same. Failure of a political subdivision to
  946  file any such order or rule with the office of the clerk or
  947  recorder within 3 days after issuance voids the order or rule.
  948  All existing laws, ordinances, and rules inconsistent with the
  949  provisions of ss. 252.31-252.90, or any order or rule issued
  950  under the authority of ss. 252.31-252.90, must shall be
  951  suspended during the period of time and to the extent that such
  952  conflict exists.
  953         (3) Emergency ordinances, declarations, and orders adopted
  954  by a political subdivision under the authority of ss. 252.31
  955  252.90, including those enacted by a municipality pursuant to s.
  956  166.041(3)(b), must be available on a dedicated webpage
  957  accessible through a conspicuous link on the political
  958  subdivision’s homepage. The dedicated webpage must identify the
  959  emergency ordinances, declarations, and orders currently in
  960  effect. Each political subdivision adopting emergency
  961  ordinances, declarations, or orders must provide the division
  962  with the link to the political subdivision’s dedicated webpage.
  963  The division must include these links in an easily identifiable
  964  format on its website.
  965         (4) An order issued by a political subdivision pursuant to
  966  this section which imposes a curfew restricting the travel or
  967  movement of persons during designated times must nonetheless
  968  allow persons to travel during the curfew to their places of
  969  employment to report for work and to return to their residences
  970  after their work has concluded.
  971         Section 16. Paragraph (a) of subsection (2) of section
  972  377.703, Florida Statutes, is amended to read:
  973         377.703 Additional functions of the Department of
  974  Agriculture and Consumer Services.—
  975         (2) DUTIES.—The department shall perform the following
  976  functions, unless as otherwise provided, consistent with the
  977  development of a state energy policy:
  978         (a) The Division of Emergency Management is responsible for
  979  the development of an energy emergency contingency plan to
  980  respond to serious shortages of primary and secondary energy
  981  sources. Upon a finding by the Governor, implementation of any
  982  emergency program shall be upon order of the Governor that a
  983  particular kind or type of fuel is, or that the occurrence of an
  984  event which is reasonably expected within 30 days will make the
  985  fuel, in short supply. The Division of Emergency Management
  986  shall then respond by instituting the appropriate measures of
  987  the contingency plan to meet the given emergency or energy
  988  shortage. The Governor may utilize the provisions of s.
  989  252.36(6) s. 252.36(5) to carry out any emergency actions
  990  required by a serious shortage of energy sources.
  991         Section 17. Paragraph (c) of subsection (1) and subsection
  992  (2) of section 381.00315, Florida Statutes, are amended to read:
  993         381.00315 Public health advisories; public health
  994  emergencies; isolation and quarantines.—The State Health Officer
  995  is responsible for declaring public health emergencies, issuing
  996  public health advisories, and ordering isolation or quarantines.
  997         (1) As used in this section, the term:
  998         (c) “Public health emergency” means any occurrence, or
  999  threat thereof, whether natural or manmade, which results or may
 1000  result in substantial injury or harm to the public health from
 1001  infectious disease, chemical agents, nuclear agents, biological
 1002  toxins, or situations involving mass casualties or natural
 1003  disasters.
 1004         (2)(a) The department shall prepare and maintain a state
 1005  public health emergency management plan to serve as a
 1006  comprehensive guide to public health emergency response in this
 1007  state. The department shall develop the plan in collaboration
 1008  with the Division of Emergency Management, other executive
 1009  agencies with functions relevant to public health emergencies,
 1010  district medical examiners, and national and state public health
 1011  experts and ensure that it integrates and coordinates with the
 1012  public health emergency management plans and programs of the
 1013  Federal Government. The plan must address each element of public
 1014  health emergency planning and incorporate public health and
 1015  epidemiological best practices to ensure that the state is
 1016  prepared for every foreseeable public health emergency. The plan
 1017  must include an assessment of state and local public health
 1018  infrastructure, including information systems, physical plant,
 1019  commodities, and human resources, and an analysis of the
 1020  infrastructure necessary to achieve the level of readiness
 1021  proposed by the plan for short-term and long-term public
 1022  emergencies. Beginning July 1, 2022, the department shall submit
 1023  the plan to the Division of Emergency Management for inclusion
 1024  in the state comprehensive emergency management plan pursuant to
 1025  s. 252.35. The department shall review the plan after the
 1026  declared end of each public health emergency, and, in any event,
 1027  at least every 5 years, and update its terms as necessary to
 1028  ensure continuous planning.
 1029         (b) Before declaring a public health emergency, the State
 1030  Health Officer shall, to the extent possible, consult with the
 1031  Governor and shall notify the Chief of Domestic Security. The
 1032  declaration of a public health emergency shall continue until
 1033  the State Health Officer finds that the threat or danger has
 1034  been dealt with to the extent that the emergency conditions no
 1035  longer exist and he or she terminates the declaration. However,
 1036  a declaration of a public health emergency may not continue for
 1037  longer than 60 days unless the Governor concurs in the renewal
 1038  of the declaration.
 1039         (c) The State Health Officer, upon declaration of a public
 1040  health emergency, shall establish by order the method and
 1041  procedure for identifying and reporting cases and deaths
 1042  involving the infectious disease or other occurrence identified
 1043  as the basis for the declared public health emergency. The
 1044  method and procedure must be consistent with any standards
 1045  developed by the Federal Government specific to the declared
 1046  emergency or, if federal standards do not exist, must be
 1047  consistent with public health best practices as identified by
 1048  the State Health Officer. During the pendency of a public health
 1049  emergency, the department is the sole entity responsible for the
 1050  collection and official reporting and publication of cases and
 1051  deaths. The State Health Officer, by order or emergency rule,
 1052  may ensure necessary assistance from licensed health care
 1053  providers in carrying out this function and may request the
 1054  assistance of district medical examiners in performing this
 1055  function.
 1056         (d) The State Health Officer, upon declaration of a public
 1057  health emergency, may take actions that are necessary to protect
 1058  the public health. Such actions include, but are not limited to:
 1059         1. Directing manufacturers of prescription drugs or over
 1060  the-counter drugs who are permitted under chapter 499 and
 1061  wholesalers of prescription drugs located in this state who are
 1062  permitted under chapter 499 to give priority to the shipping of
 1063  specified drugs to pharmacies and health care providers within
 1064  geographic areas that have been identified by the State Health
 1065  Officer. The State Health Officer must identify the drugs to be
 1066  shipped. Manufacturers and wholesalers located in the state must
 1067  respond to the State Health Officer’s priority shipping
 1068  directive before shipping the specified drugs.
 1069         2. Notwithstanding chapters 465 and 499 and rules adopted
 1070  thereunder, directing pharmacists employed by the department to
 1071  compound bulk prescription drugs and provide these bulk
 1072  prescription drugs to physicians and nurses of county health
 1073  departments or any qualified person authorized by the State
 1074  Health Officer for administration to persons as part of a
 1075  prophylactic or treatment regimen.
 1076         3. Notwithstanding s. 456.036, temporarily reactivating the
 1077  inactive license of the following health care practitioners,
 1078  when such practitioners are needed to respond to the public
 1079  health emergency: physicians licensed under chapter 458 or
 1080  chapter 459; physician assistants licensed under chapter 458 or
 1081  chapter 459; licensed practical nurses, registered nurses, and
 1082  advanced practice registered nurses licensed under part I of
 1083  chapter 464; respiratory therapists licensed under part V of
 1084  chapter 468; and emergency medical technicians and paramedics
 1085  certified under part III of chapter 401. Only those health care
 1086  practitioners specified in this paragraph who possess an
 1087  unencumbered inactive license and who request that such license
 1088  be reactivated are eligible for reactivation. An inactive
 1089  license that is reactivated under this paragraph shall return to
 1090  inactive status when the public health emergency ends or before
 1091  the end of the public health emergency if the State Health
 1092  Officer determines that the health care practitioner is no
 1093  longer needed to provide services during the public health
 1094  emergency. Such licenses may only be reactivated for a period
 1095  not to exceed 90 days without meeting the requirements of s.
 1096  456.036 or chapter 401, as applicable.
 1097         4. Ordering an individual to be examined, tested,
 1098  vaccinated, treated, isolated, or quarantined for communicable
 1099  diseases that have significant morbidity or mortality and
 1100  present a severe danger to public health. Individuals who are
 1101  unable or unwilling to be examined, tested, vaccinated, or
 1102  treated for reasons of health, religion, or conscience may be
 1103  subjected to isolation or quarantine.
 1104         a. Examination, testing, vaccination, or treatment may be
 1105  performed by any qualified person authorized by the State Health
 1106  Officer.
 1107         b. If the individual poses a danger to the public health,
 1108  the State Health Officer may subject the individual to isolation
 1109  or quarantine. If there is no practical method to isolate or
 1110  quarantine the individual, the State Health Officer may use any
 1111  means necessary to vaccinate or treat the individual.
 1112         c. Any order of the State Health Officer given to
 1113  effectuate this paragraph is shall be immediately enforceable by
 1114  a law enforcement officer under s. 381.0012.
 1115         (e)(2) Individuals who assist the State Health Officer at
 1116  his or her request on a volunteer basis during a public health
 1117  emergency are entitled to the benefits specified in s.
 1118  110.504(2), (3), (4), and (5).
 1119         Section 18. Section 381.00316, Florida Statutes, is created
 1120  to read:
 1121         381.00316 COVID-19 vaccine documentation.—
 1122         (1) A business entity, as defined in s. 768.38 to include
 1123  any business operating in this state, may not require patrons or
 1124  customers to provide any documentation certifying COVID-19
 1125  vaccination or post-infection recovery to gain access to, entry
 1126  upon, or service from the business operations in this state.
 1127  This subsection does not otherwise restrict businesses from
 1128  instituting screening protocols consistent with authoritative or
 1129  controlling government-issued guidance to protect public health.
 1130         (2) A governmental entity as defined in s. 768.38 may not
 1131  require persons to provide any documentation certifying COVID-19
 1132  vaccination or post-infection recovery to gain access to, entry
 1133  upon, or service from the governmental entity’s operations in
 1134  this state. This subsection does not otherwise restrict
 1135  governmental entities from instituting screening protocols
 1136  consistent with authoritative or controlling government-issued
 1137  guidance to protect public health.
 1138         (3) An educational institution as defined in s. 768.38 may
 1139  not require students or residents to provide any documentation
 1140  certifying COVID-19 vaccination or post-infection recovery for
 1141  attendance or enrollment, or to gain access to, entry upon, or
 1142  service from such educational institution in this state. This
 1143  subsection does not otherwise restrict educational institutions
 1144  from instituting screening protocols consistent with
 1145  authoritative or controlling government-issued guidance to
 1146  protect public health.
 1147         (4) The department may impose a fine not to exceed $5,000
 1148  per violation.
 1149         (5) This section does not apply to a health care provider
 1150  as defined in s. 768.38; a service provider licensed or
 1151  certified under s. 393.17, part III of chapter 401, or part IV
 1152  of chapter 468; or a provider with an active health care clinic
 1153  exemption under s. 400.9935.
 1154         (6) The department may adopt rules pursuant to ss. 120.536
 1155  and 120.54 to implement this section.
 1156         Section 19. Subsection (1) of section 406.11, Florida
 1157  Statutes, is amended, and paragraph (c) is added to subsection
 1158  (2) of that section, to read:
 1159         406.11 Examinations, investigations, and autopsies.—
 1160         (1) In any of the following circumstances involving the
 1161  death of a human being, the medical examiner of the district in
 1162  which the death occurred or the body was found shall determine
 1163  the cause of death and certify the death and shall, for that
 1164  purpose, make or perform have performed such examinations,
 1165  investigations, and autopsies as he or she deems shall deem
 1166  necessary or as shall be requested by the state attorney:
 1167         (a) When any person dies in this the state:
 1168         1. Of criminal violence.
 1169         2. By accident.
 1170         3. By suicide.
 1171         4. Suddenly, when in apparent good health.
 1172         5. Unattended by a practicing physician or other recognized
 1173  practitioner.
 1174         6. In any prison or penal institution.
 1175         7. In police custody.
 1176         8. In any suspicious or unusual circumstance.
 1177         9. By criminal abortion.
 1178         10. By poison.
 1179         11. By disease constituting a threat to public health.
 1180         12. By disease, injury, or toxic agent resulting from
 1181  employment.
 1182         (b) When a dead body is brought into this the state without
 1183  proper medical certification.
 1184         (c) When a body is to be cremated, dissected, or buried at
 1185  sea.
 1186         (2)
 1187         (c) A district medical examiner shall assist the State
 1188  Health Officer in identifying and reporting deaths upon a
 1189  request by the State Health Officer under s. 381.00315.
 1190         Section 20. Except as otherwise expressly provided in this
 1191  act, this act shall take effect July 1, 2021.

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