Senate Bill 1628 (2022) — Emergency management
SB 1628
Florida Bills
Florida Senate - 2022 SB By Senator Farmer 34-00245A-22 20221628__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled
An act relating to emergency management; amending s. 2 252.36, F.S.; authorizing the Legislature, by concurrent resolution, to declare a state of emergency if certain conditions exist; requiring the Governor to comply with specified provisions of ch. 252, F.S., 6 upon a legislatively declared state of emergency; 7 providing that the state of emergency continues for a specified timeframe if specified conditions exist ; 9 providing a limit on the duration of the state of emergency unless renewed by the Legislature; providing requirements for the concurrent resolution; requiring the Legislature to disseminate such concurrent resolution to the general public; requiring the concurrent resolution to be filed with specified entities; providing an exception; authorizing the Governor or any member of the Cabinet to petition the Supreme Court to review such concurrent resolution for compliance with the act; providing an effective date. 19
Be It Enacted by the Legislature of the State of Florida: 21
Section 1. Subsection (2) of
section 252.36, Florida Statutes, is amended to read: 24 252.36 Emergency management powers of the Governor. — 25 (2)(
a) A state of emergency must be declared by executive order or proclamation of the Governor if she or he finds an emergency has occurred or that the occurrence or the threat thereof is imminent.
The state of emergency must continue until Florida Senate - 2022 SB 1628 34-00245A-22 20221628__ CODING: Words stricken are deletions; words underlined are additions. the Governor finds that the threat or danger has been dealt with to the extent that the emergency conditions no longer exist and she or he terminates the state of emergency by executive order or proclamation, but a no state of emergency may not continue for longer than days unless renewed by the Governor. All executive orders or proclamations issued under this paragraph
section must indicate the nature of the emergency, the area or areas threatened, and the conditions that which brought the emergency about or that which make possible its termination.
An executive order or proclamation must be promptly disseminated by means calculated to bring its contents to the attention of the general public; and, unless the circumstances attendant upon the emergency prevent or impede such filing, the order or proclamation must be filed promptly with the Department of State, the President of the Senate and the Speaker of the House of Representatives, and the offices of the county commissioners in the counties to which the order or proclamation applies. 46 (b)1.
Upon a determination by the Legislature that the Governor has failed to exercise her or his authority to declare a state of emergency as provided in paragraph (a), the Legislature, by concurrent resolution, may declare a state of emergency.
If the Legislature declares a state of emergency, the Governor must comply with the provisions of ss. 252.31 -252.90. 52 The state of emergency must continue until the Legislature finds that the threat or danger has been dealt with to the extent that the emergency conditions no longer exist and the Legislature terminates the state of emergency by concurrent resolution, but a state of emergency may not continue for longer than days unless renewed by the Legislature by concurrent resolution .
A Florida Senate - 2022 SB 1628 34-00245A-22 20221628__ CODING: Words stricken are deletions; words underlined are additions. concurrent resolution issued under this paragraph must indicate the nature of the emergency, the legislative findings related to the emergency, the area or areas threatened, the conditions that created the emergency, and, if applicable, the conditions that make possible its termination.
The concurrent resolution must be promptly disseminated by means calculated to bring its contents to the attention of the general public; and, unless the circumstances attendant upon the emergency prevent or impede such filing, the concurrent resolution must be filed promptly with the Executive Office of the Governor, the Department of State, and the offices of the county commissioners in the counties to which the concurrent resolution applies. 70 2.
The Governor or any member of the Cabinet may petition the Supreme Court requesting review of the concurrent resolution declaring a state of emergency for compliance with this paragraph. 74