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ENROLLED 2021 Legislature CS for CS for SB 2006, 2nd Engrossed 20212006er 1 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. 157 158 Be It Enacted by the Legislature of the State of Florida: 159 160 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
mustadopt the plan as a rule in 245 accordance with chapter 120. The plan must shallbe 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 shallbe 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. 328 329 The complete state comprehensive emergency management plan must 330 shallbe 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 includean 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 citizensto 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 shallinclude 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 ofss. 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 The507 registration program must be developed by January 1, 2015, and508 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. 564 565 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, andduring, 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 shallbe 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 shall646 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 state652 of emergency at any time. Thereupon, the Governor shall issue an653 executive order or proclamation ending the state of emergency.654 All executive orders or proclamations issued under this section 655 must shallindicate the nature of the emergency, the area or 656 areas threatened, and the conditions which havebrought the 657 emergency about or which make possible its termination. An 658 executive order or proclamation must shallbe 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 shallbe filed promptly with the 663 Department of State, the President of the Senate and the Speaker 664 of the House of Representatives, and inthe 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 These739 individuals shall be responsible for ensuringthat 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 regularlyappropriated 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 expending787 moneys out of any unappropriated surplus funds, orfrom the 788 Emergency Preparedness and Response Budget StabilizationFund. 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. 836 (4) EXPIRATION AND EXTENSION OF EMERGENCY ORDERS.— 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 shall891 identify the general location and square footage of special 892 needs shelters, by regional planning council region , during the893 next 5 years. The plan must shallalso 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 public906 hurricane evacuation shelter deficits shall be given first907 priority and should be completed by 2003. All recommended908 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 ofchapter 941 120 in the event of issuance by the division or any state agency 942 or, if adopted promulgatedby 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 promulgatingthe 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 the949 provisions ofss. 252.31-252.90, or any order or rule issued 950 under the authority of ss. 252.31-252.90, must shallbe 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 beenidentified 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 beimmediately 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 performedsuch examinations, 1165 investigations, and autopsies as he or she deems shall deem1166 necessary or as shall berequested by the state attorney: 1167 (a) When any person dies in this thestate: 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 thestate 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.