Florida Senate - 2021 SB 2006 By Senator Burgess 20-01293B-21 20212006__ Page 1 of 35 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to emergency management; amending s. 2 252.311, F.S.; revising legislative intent with 3 respect to the State Emergency Management Act; 4 amending s. 252.34, F.S.; revising the definition of 5 the term “natural emergency” to include public health 6 emergencies; amending s. 252.35, F.S.; requiring the 7 Division of Emergency Management’s comprehensive 8 emergency plan to include specified provisions 9 regarding public health emergency preparedness, 10 response, recovery, and mitigation; requiring the 11 division to cooperate with the Centers for Disease 12 Control and Prevention; requiring statewide awareness 13 and education programs to include education on public 14 health emergency preparedness and mitigation; 15 requiring the division to complete and maintain an 16 inventory of personal protection equipment; 17 prescribing reporting requirements regarding the 18 inventory; authorizing the division to maintain a list 19 of private entities that can provide personal 20 protective equipment; providing limitations on the 21 timeframe within which the division may delegate or 22 subdelegate certain authorities granted under the 23 State Emergency Management Act; requiring the division 24 to report biennially to the Chief Justice of the 25 Supreme Court on the status of emergency management 26 capabilities; requiring such report to include matters 27 relating to public health emergencies; amending s. 28 252.355, F.S.; requiring the division to maintain 29

Florida Senate - 2021 SB 2006 20-01293B-21 20212006__ Page 2 of 35 CODING: Words stricken are deletions; words underlined are additions. certain information on special needs options during 30 certain public health emergencies; deleting obsolete 31 language; amending s. 252.356, F.S.; requiring state 32 agencies that contract with providers for the care of 33 persons with certain disabilities or limitations to 34 include in such contracts a procedure for providing 35 essential services in preparation for, during, and 36 following public health emergencies; amending s. 37 252.359, F.S.; redefining the term “essentials” to 38 include personal protective equipment used during 39 public health emergencies; amending s. 252.36, F.S.; 40 limiting the duration of emergency orders; authorizing 41 such orders to be renewed if certain conditions are 42 met; clarifying that the Governor is responsible for 43 meeting the needs arising out of emergencies 44 consistent with legislative policy and intent; 45 providing a presumption that K-12 public schools 46 should remain open if possible during an extended 47 public health emergency; providing a presumption that 48 businesses should remain open if possible during an 49 extended public health emergency; requiring the 50 Governor to provide specific reasons if such schools 51 or businesses are to close 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

Florida Senate - 2021 SB 2006 20-01293B-21 20212006__ Page 3 of 35 CODING: Words stricken are deletions; words underlined are additions. 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 and make such 63 emergency orders available on its website; providing 64 for retroactive application; limiting the suspension 65 of any regulatory statute during a state of emergency 66 to a specified timeframe; authorizing any such 67 suspensions to be extended for additional timeframes 68 if certain conditions are met; requiring notice to the 69 Legislature if a transfer of direction, personnel, or 70 functions of state departments and agencies is made to 71 facilitate emergency services; amending s. 252.365, 72 F.S.; specifying that disaster preparedness plans of 73 specified agencies must address circumstances 74 including a pandemic or another public health 75 emergency; providing that the baseline of preparedness 76 consider and include rapid and large-scale increases 77 in the public’s access of government services through 78 technology or other means during an emergency; 79 requiring that such plans include the availability and 80 distribution of personal protective equipment; 81 requiring agencies to update disaster preparedness 82 plans on an annual basis; amending s. 252.37, F.S.; 83 requiring that emergency spending from the Budget 84 Stabilization Fund be consistent with legislative 85 policy and intent; requiring the Governor to transfer 86 any such funds within a specified timeframe; requiring 87

Florida Senate - 2021 SB 2006 20-01293B-21 20212006__ Page 4 of 35 CODING: Words stricken are deletions; words underlined are additions. such expenditures to be directly related to the 88 disaster or emergency; requiring the state or 89 political subdivision to submit a spending plan for 90 certain emergency funds to the Legislature; amending 91 s. 252.38, F.S.; requiring district school boards to 92 provide facilities and necessary staff for such 93 facilities during public health emergencies; amending 94 s. 252.385, F.S.; requiring the division’s hurricane 95 shelter plan to address hurricane shelter needs during 96 public health emergencies; amending s. 252.44, F.S.; 97 requiring emergency mitigation planning by state 98 agencies to include agencies with jurisdiction over 99 public health; amending 377.703, F.S., conforming a 100 cross-reference; requiring certain budget amendments 101 to be approved by the Legislative Budget Commission, 102 under certain conditions; providing that any emergency 103 orders issued before a specified date will expire but 104 may be reissued if certain conditions exist and a 105 certain requirement is met; providing an effective 106 date. 107 108 Be It Enacted by the Legislature of the State of Florida: 109 110

Section

Section 252.311, Florida Statutes, is amended to 111 read: 112 252.311 Legislative intent.— 113

(1) The Legislature finds and declares that the state is 114 vulnerable to a wide range of emergencies, including natural, 115 technological, and manmade disasters, all of which threaten the 116

Florida Senate - 2021 SB 2006 20-01293B-21 20212006__ Page 5 of 35 CODING: Words stricken are deletions; words underlined are additions. life, health, and safety of its people; damage and destroy 117 property; disrupt services and everyday business and 118 recreational activities; and impede economic growth and 119 development.

The Legislature further finds that this 120 vulnerability is exacerbated by the tremendous growth in the 121 state’s population, especially the growth in the number of 122 persons residing in coastal areas, in the elderly population, in 123 the number of seasonal vacationers, and in the number of persons 124 with special needs. This growth has greatly complicated the 125 state’s ability to coordinate its emergency management resources 126 and activities. 127

(2) It is the intent of the Legislature to reduce the 128 vulnerability of the people and property of this state; to 129 prepare for efficient evacuation and shelter of threatened or 130 affected persons; to provide for the rapid and orderly provision 131 of relief to persons and for the restoration of services and 132 property; to prepare for and efficiently respond to public 133 health emergencies; and to provide for the coordination of 134 activities relating to emergency preparedness, response, 135 recovery, and mitigation among and between agencies and 136 officials of this state, with similar agencies and officials of 137 other states, with local and federal governments, with 138 interstate organizations, and with the private sector. 139

(3) It is further the intent of the Legislature to promote 140 the state’s emergency preparedness, response, recovery, and 141 mitigation capabilities through enhanced coordination, long-term 142 planning, and adequate funding. State policy for responding to 143 disasters is to support local emergency response efforts. In the 144 case of a major or catastrophic disaster, however, the needs of 145

Florida Senate - 2021 SB 2006 20-01293B-21 20212006__ Page 6 of 35 CODING: Words stricken are deletions; words underlined are additions. residents and communities will likely be greater than local 146 resources. In these situations, the state must be capable of 147 providing effective, coordinated, and timely support to 148 communities and the public. Therefore, the Legislature hereby 149 determines and declares that the provisions of this act fulfill 150 an important state interest. 151

(4) It is further the intent of the Legislature to minimize 152 the negative effects of an extended emergency, such as a 153 pandemic or another public health emergency. The Legislature 154 recognizes that there are significant negative impacts on 155 children and families associated with school closures during a 156 public health emergency such as the COVID-19 pandemic. The 157 Legislature also recognizes the significant negative impacts of 158 such emergencies on the economy due to business closures. 159

(5) It is further the intent of the Legislature that all 160 aspects of emergency preparedness, response, and recovery be 161 transparent to the public to the greatest extent possible. 162

Section 2. Subsection (8) of

section 252.34, Florida 163 Statutes, is amended to read: 164 252.34

Definitions.—As used in this part, the term: 165 (8) “Natural emergency” means an emergency caused by a 166 natural event, including, but not limited to, a public health 167 emergency, a hurricane, a storm, a flood, severe wave action, a 168 drought, or an earthquake. 169

Section 3. Subsection (2) of

section 252.35, Florida 170 Statutes, is amended to read: 171 252.35 Emergency management powers; Division of Emergency 172 Management.— 173

(2) The division is responsible for carrying out the 174

Florida Senate - 2021 SB 2006 20-01293B-21 20212006__ Page 7 of 35 CODING: Words stricken are deletions; words underlined are additions. provisions of ss. 252.31-252.90. In performing its duties, the 175 division shall: 176 (

a) Prepare a state comprehensive emergency management 177 plan, which shall be integrated into and coordinated with the 178 emergency management plans and programs of the Federal 179 Government. The division shall must adopt the plan as a rule in 180 accordance with

chapter 120. The plan must shall be implemented 181 by a continuous, integrated comprehensive emergency management 182 program. The plan must contain provisions to ensure that the 183 state is prepared for emergencies and minor, major, and 184 catastrophic disasters, and the division shall work closely with 185 local governments and agencies and organizations with emergency 186 management responsibilities in preparing and maintaining the 187 plan. The state comprehensive emergency management plan must 188 shall be operations oriented and: 189 1.

Include an evacuation component that includes specific 190 regional and interregional planning provisions and promotes 191 intergovernmental coordination of evacuation activities.

This 192 component must, at a minimum: contain guidelines for lifting 193 tolls on state highways; ensure coordination pertaining to 194 evacuees crossing county lines; set forth procedures for 195 directing people caught on evacuation routes to safe shelter; 196 establish strategies for ensuring sufficient, reasonably priced 197 fueling locations along evacuation routes; and establish 198 policies and strategies for emergency medical evacuations. 199 2.

Include a shelter component that includes specific 200 regional and interregional planning provisions and promotes 201 coordination of shelter activities between the public, private, 202 and nonprofit sectors. This component must, at a minimum: 203

Florida Senate - 2021 SB 2006 20-01293B-21 20212006__ Page 8 of 35 CODING: Words stricken are deletions; words underlined are additions. contain strategies to ensure the availability of adequate public 204 shelter space in each region of the state; establish strategies 205 for refuge-of-last-resort programs; provide strategies to assist 206 local emergency management efforts to ensure that adequate 207 staffing plans exist for all shelters, including medical and 208 security personnel; provide for a postdisaster communications 209 system for public shelters; establish model shelter guidelines 210 for operations, registration, inventory, power generation 211 capability, information management, and staffing; and set forth 212 policy guidance for sheltering people with special needs. 213 3.

Include a postdisaster response and recovery component 214 that includes specific regional and interregional planning 215 provisions and promotes intergovernmental coordination of 216 postdisaster response and recovery activities. This component 217 must provide for postdisaster response and recovery strategies 218 according to whether a disaster is minor, major, or 219 catastrophic.

The postdisaster response and recovery component 220 must, at a minimum: establish the structure of the state’s 221 postdisaster response and recovery organization; establish 222 procedures for activating the state’s plan; set forth policies 223 used to guide postdisaster response and recovery activities; 224 describe the chain of command during the postdisaster response 225 and recovery period; describe initial and continuous 226 postdisaster response and recovery actions; identify the roles 227 and responsibilities of each involved agency and organization; 228 provide for a comprehensive communications plan; establish 229 procedures for monitoring mutual aid agreements; provide for 230 rapid impact assessment teams; ensure the availability of an 231 effective statewide urban search and rescue program coordinated 232

Florida Senate - 2021 SB 2006 20-01293B-21 20212006__ Page 9 of 35 CODING: Words stricken are deletions; words underlined are additions. with the fire services; ensure the existence of a comprehensive 233 statewide medical care and relief plan administered by the 234 Department of Health; and establish systems for coordinating 235 volunteers and accepting and distributing donated funds and 236 goods. 237 4.

Include provisions addressing public health emergency 238 preparedness, response, recovery, and mitigation which must be 239 developed in consultation with the Department of Health, the 240 Agency for Health Care Administration, and other agencies as 241 determined appropriate by the division. 242 5. Include additional provisions addressing aspects of 243 preparedness, response, recovery, and mitigation as determined 244 necessary by the division. 245 6.5. Address the need for coordinated and expeditious 246 deployment of state resources, including the Florida National 247 Guard.

In the case of an imminent major disaster, procedures 248 should address predeployment of the Florida National Guard, and, 249 in the case of an imminent catastrophic disaster, procedures 250 should address predeployment of the Florida National Guard and 251 the United States Armed Forces. 252 7.6. Establish a system of communications and warning to 253 ensure that the state’s population and emergency management 254 agencies are warned of developing emergency situations, 255 including public health emergencies, and can communicate 256 emergency response decisions. 257 8.7.

Establish guidelines and schedules for annual 258 exercises that evaluate the ability of the state and its 259 political subdivisions to respond to minor, major, and 260 catastrophic disasters and support local emergency management 261

Florida Senate - 2021 SB 2006 20-01293B-21 20212006__ Page 10 of 35 CODING: Words stricken are deletions; words underlined are additions. agencies. Such exercises shall be coordinated with local 262 governments and, to the extent possible, the Federal Government. 263 9.8. Assign lead and support responsibilities to state 264 agencies and personnel for emergency support functions and other 265 support activities. 266 267 The complete state comprehensive emergency management plan must 268 shall be submitted to the President of the Senate, the Speaker 269 of the House of Representatives, and the Governor on February 1 270 of every even-numbered year. 271 (

b) Adopt standards and requirements for county emergency 272 management plans. The standards and requirements must ensure 273 that county plans are coordinated and consistent with the state 274 comprehensive emergency management plan. If a municipality 275 elects to establish an emergency management program, it must 276 adopt a city emergency management plan that complies with all 277 standards and requirements applicable to county emergency 278 management plans. 279 (

c) Assist political subdivisions in preparing and 280 maintaining emergency management plans. 281 (

d) Review periodically political subdivision emergency 282 management plans for consistency with the state comprehensive 283 emergency management plan and standards and requirements adopted 284 under this section. 285 (

e) Cooperate with the President, the heads of the Armed 286 Forces, the various federal emergency management agencies, the 287 Centers for Disease Control and Prevention, and the officers and 288 agencies of other states in matters pertaining to emergency 289 management in the state and the nation and incidents thereof 290

Florida Senate - 2021 SB 2006 20-01293B-21 20212006__ Page 11 of 35 CODING: Words stricken are deletions; words underlined are additions. and, in connection therewith, take any measures that it deems 291 proper to carry into effect any request of the President and the 292 appropriate federal officers and agencies for any emergency 293 management action, including the direction or control of: 294 1. Emergency management drills, tests, or exercises of 295 whatever nature. 296 2. Warnings and signals for tests and drills, attacks, or 297 other imminent emergencies or threats thereof and the mechanical 298 devices to be used in connection with such warnings and signals. 299 (

f) Make recommendations to the Legislature, building code 300 organizations, and political subdivisions for zoning, building, 301 and other land use controls; safety measures for securing mobile 302 homes or other nonpermanent or semipermanent structures; and 303 other preparedness, prevention, and mitigation measures designed 304 to eliminate emergencies or reduce their impact. 305 (

g) In accordance with the state comprehensive emergency 306 management plan and program for emergency management, ascertain 307 the requirements of the state and its political subdivisions for 308 equipment and supplies of all kinds in the event of an 309 emergency; plan for and either procure supplies, medicines, 310 materials, and equipment or enter into memoranda of agreement or 311 open purchase orders that will ensure their availability; and 312 use and employ from time to time any of the property, services, 313 and resources within the state in accordance with ss. 252.31-314 252.90. 315 (

h) Anticipate trends and promote innovations that will 316 enhance the emergency management system. 317 (

i) Institute statewide public awareness programs, 318 including. This shall include an intensive public educational 319

Florida Senate - 2021 SB 2006 20-01293B-21 20212006__ Page 12 of 35 CODING: Words stricken are deletions; words underlined are additions. campaign on emergency preparedness issues. Such programs must 320 include, including, but need not be limited to, the personal 321 responsibility of individual citizens to be self-sufficient for 322 up to 72 hours following a natural or manmade disaster or a 323 public health emergency.

The public educational campaign must 324 shall include relevant information on public health emergency 325 mitigation, statewide disaster plans, evacuation routes, fuel 326 suppliers, and shelters. All educational materials must be 327 available in alternative formats and mediums to ensure that they 328 are available to persons with disabilities. 329 (

j) In cooperation with the Department of Education, 330 coordinate with the Agency for Persons with Disabilities to 331 provide an educational outreach program on disaster preparedness 332 and readiness to individuals who have limited English skills and 333 identify persons who are in need of assistance but are not 334 defined under special-needs criteria. 335 (

k) Prepare and distribute to appropriate state and local 336 officials catalogs of federal, state, and private assistance 337 programs. 338 (

l) Coordinate federal, state, and local emergency 339 management activities and take all other steps, including the 340 partial or full mobilization of emergency management forces and 341 organizations in advance of an actual emergency, to ensure the 342 availability of adequately trained and equipped forces of 343 emergency management personnel before, during, and after 344 emergencies and disasters. 345 (

m) Establish a

schedule of fees that may be charged by 346 local emergency management agencies for review of emergency 347 management plans on behalf of external agencies and 348

Florida Senate - 2021 SB 2006 20-01293B-21 20212006__ Page 13 of 35 CODING: Words stricken are deletions; words underlined are additions. institutions. In establishing such schedule, the division shall 349 consider facility size, review complexity, and other factors. 350 (

n) Implement training programs to improve the ability of 351 state and local emergency management personnel to prepare and 352 implement emergency management plans and programs. This shall 353 include a continuous training program for agencies and 354 individuals that will be called on to perform key roles in state 355 and local postdisaster response and recovery efforts and for 356 local government personnel on federal and state postdisaster 357 response and recovery strategies and procedures. 358 (

o) Review periodically emergency operating procedures of 359 state agencies and recommend revisions as needed to ensure 360 consistency with the state comprehensive emergency management 361 plan and program. 362 (

p) Make such surveys of industries, resources, and 363 facilities within the state, both public and private, as are 364 necessary to carry out the purposes of ss. 252.31-252.90. 365 (

q) Prepare, in advance whenever possible, such executive 366 orders, proclamations, and rules for issuance by the Governor as 367 are necessary or appropriate for coping with emergencies and 368 disasters. 369 (

r) Cooperate with the Federal Government and any public or 370 private agency or entity in achieving any purpose of ss. 252.31-371 252.90 and in implementing programs for mitigation, preparation, 372 response, and recovery. 373 (

s) Complete an inventory of portable generators owned by 374 the state and local governments which are capable of operating 375 during a major disaster. The inventory must identify, at a 376 minimum, the location of each generator, the number of 377

Florida Senate - 2021 SB 2006 20-01293B-21 20212006__ Page 14 of 35 CODING: Words stricken are deletions; words underlined are additions. generators stored at each specific location, the agency to which 378 each generator belongs, the primary use of the generator by the 379 owner agency, and the names, addresses, and telephone numbers of 380 persons having the authority to loan the stored generators as 381 authorized by the division during a declared emergency. 382 (

t) Maintain an inventory list of generators owned by the 383 state and local governments. In addition, the division may keep 384 a list of private entities, along with appropriate contact 385 information, which offer generators for sale or lease. The list 386 of private entities shall be available to the public for 387 inspection in written and electronic formats. 388 (

u) Complete and maintain an inventory of personal 389 protective equipment owned by the state. The inventory must 390 include projections of the need for additional personal 391 protective equipment, as reported by each government agency, to 392 maintain the inventory and replace expired items. The initial 393 inventory must be reported to the Governor, the Chief Justice of 394 the Supreme Court, the President of the Senate, and the Speaker 395 of the House of Representatives by December 31, 2021, and 396 updated annually thereafter.

In addition, the division may keep 397 a list of private entities, along with appropriate contact 398 information, which sell personal protective equipment. The list 399 of private entities must be available to the public for 400 inspection in writing and electronically. 401 (

v) Assist political subdivisions with the creation and 402 training of urban search and rescue teams and promote the 403 development and maintenance of a state urban search and rescue 404 program. 405 (w)(

v) Delegate, as necessary and appropriate, authority 406

Florida Senate - 2021 SB 2006 20-01293B-21 20212006__ Page 15 of 35 CODING: Words stricken are deletions; words underlined are additions. vested in it under ss. 252.31-252.90 and provide for the 407 subdelegation of such authority. Any such delegation or 408 subdelegation during a public health emergency must be limited 409 to no more than 30 days and may be renewed only as necessary. 410 (x)(

w) Report biennially to the President of the Senate, 411 the Speaker of the House of Representatives, the Chief Justice 412 of the Supreme Court, and the Governor, no later than February 1 413 of every odd-numbered year, the status of the emergency 414 management capabilities of the state and its political 415 subdivisions. This report must include the emergency management 416 capabilities related to public health emergencies. 417 (y)(

x) In accordance with

chapter 120, create, implement, 418 administer, adopt, amend, and rescind rules, programs, and plans 419 needed to carry out the provisions of ss. 252.31-252.90 with due 420 consideration for, and in cooperating with, the plans and 421 programs of the Federal Government. In addition, the division 422 may adopt rules in accordance with

chapter 120 to administer and 423 distribute federal financial predisaster and postdisaster 424 assistance for prevention, mitigation, preparedness, response, 425 and recovery. 426 (z)(

y) Do other things necessary, incidental, or 427 appropriate for the implementation of ss. 252.31-252.90. 428

Section 4. Subsection (2) of

section 252.355, Florida 429 Statutes, is amended to read: 430 252.355 Registry of persons with special needs; notice; 431 registration program.— 432

(2) In order to ensure that all persons with special needs 433 may register, the division shall develop and maintain a special 434 needs shelter registration program. In the case of a public 435

Florida Senate - 2021 SB 2006 20-01293B-21 20212006__ Page 16 of 35 CODING: Words stricken are deletions; words underlined are additions. health emergency and the need for physical distancing, the 436 division must maintain information on special needs shelter 437 options for such persons which mitigate the threat of the spread 438 of infectious diseases The registration program must be 439 developed by January 1, 2015, and fully implemented by March 1, 440 2015. 441 (

a) The registration program shall include, at a minimum, a 442 uniform electronic registration form and a database for 443 uploading and storing submitted registration forms that may be 444 accessed by the appropriate local emergency management agency. 445 The link to the registration form shall be easily accessible on 446 each local emergency management agency’s website. Upon receipt 447 of a paper registration form, the local emergency management 448 agency shall enter the person’s registration information into 449 the database. 450 (

b) To assist in identifying persons with special needs, 451 home health agencies, hospices, nurse registries, home medical 452 equipment providers, the Department of Children and Families, 453 the Department of Health, the Agency for Health Care 454 Administration, the Department of Education, the Agency for 455 Persons with Disabilities, the Department of Elderly Affairs, 456 and memory disorder clinics shall, and any physician licensed 457 under

chapter 458 or

chapter 459 and any pharmacy licensed under 458

chapter 465 may, annually provide registration information to 459 all of their special needs clients or their caregivers. The 460 division shall develop a brochure that provides information 461 regarding special needs shelter registration procedures. The 462 brochure must be easily accessible on the division’s website. 463 All appropriate agencies and community-based service providers, 464

Florida Senate - 2021 SB 2006 20-01293B-21 20212006__ Page 17 of 35 CODING: Words stricken are deletions; words underlined are additions. including aging and disability resource centers, memory disorder 465 clinics, home health care providers, hospices, nurse registries, 466 and home medical equipment providers, shall, and any physician 467 licensed under

chapter 458 or

chapter 459 may, assist emergency 468 management agencies by annually registering persons with special 469 needs for special needs shelters, collecting registration 470 information for persons with special needs as part of the 471 program intake process, and establishing programs to educate 472 clients about the registration process and disaster preparedness 473 safety procedures.

A client of a state-funded or federally 474 funded service program who has a physical, mental, or cognitive 475 impairment or sensory disability and who needs assistance in 476 evacuating, or when in a shelter, must register as a person with 477 special needs. The registration program shall give persons with 478 special needs the option of preauthorizing emergency response 479 personnel to enter their homes during search and rescue 480 operations if necessary to ensure their safety and welfare 481 following disasters. 482 (

c) The division shall be the designated lead agency 483 responsible for community education and outreach to the public, 484 including special needs clients, regarding registration and 485 special needs shelters and general information regarding shelter 486 stays. 487 (

d) On or before May 31 of each year, each electric utility 488 in the state shall annually notify residential customers in its 489 service area of the availability of the registration program 490 available through their local emergency management agency by: 491 1. An initial notification upon the activation of new 492 residential service with the electric utility, followed by one 493

Florida Senate - 2021 SB 2006 20-01293B-21 20212006__ Page 18 of 35 CODING: Words stricken are deletions; words underlined are additions. annual notification between January 1 and May 31; or 494 2. Two separate annual notifications between January 1 and 495 May 31. 496 497 The notification may be made by any available means, including, 498 but not limited to, written, electronic, or verbal notification, 499 and may be made concurrently with any other notification to 500 residential customers required by law or rule. 501

Section 5. Subsection (5) of

section 252.356, Florida 502 Statutes, is amended to read: 503 252.356 Emergency and disaster planning provisions to 504 assist persons with disabilities or limitations.—State agencies 505 that contract with providers for the care of persons with 506 disabilities or limitations that make such persons dependent 507 upon the care of others shall include emergency and disaster 508 planning provisions in such contracts at the time the contracts 509 are initiated or upon renewal. These provisions shall include, 510 but shall not be limited to: 511

(5) A procedure for providing the essential services the 512 organization currently provides to special needs clients in 513 preparation for, and during, and following, a disaster, 514 including, but not limited to, a public health emergency. 515

Section 6. Subsection (2) of

section 252.359, Florida 516 Statutes, is amended to read: 517 252.359 Ensuring availability of emergency supplies.— 518

(2) As used in this section, the term “essentials” means 519 goods that are consumed or used as a direct result of a declared 520 emergency, or that are consumed or used to preserve, protect, or 521 sustain life, health, safety, or economic well-being. The term 522

Florida Senate - 2021 SB 2006 20-01293B-21 20212006__ Page 19 of 35 CODING: Words stricken are deletions; words underlined are additions. includes personal protective equipment used in the event of a 523 public health emergency. 524

Section

Section 252.36, Florida Statutes, is amended to 525 read: 526 252.36 Emergency management powers of the Governor.— 527 (1)(

a) The Governor is responsible for meeting the dangers 528 presented to this state and its people by emergencies. In the 529 event of an emergency beyond local control, the Governor, or, in 530 the Governor’s absence, her or his successor as provided by law, 531 may assume direct operational control over all or any part of 532 the emergency management functions within this state, and she or 533 he shall have the power through proper process of law to carry 534 out the provisions of this

section consistent with legislative 535 policy and intent. The Governor is authorized to delegate such 536 powers as she or he may deem prudent. 537 (

b) Pursuant to the authority vested in her or him under 538 paragraph (a), the Governor may issue executive orders, 539 proclamations, and rules and may amend or rescind them. Such 540 executive orders, proclamations, and rules shall have the force 541 and effect of law and must be limited in duration to no more 542 than 30 days. An executive order, a proclamation, or a rule may 543 be reissued for 30-day periods if the emergency conditions 544 persist. If reissued, the order, proclamation, or rule must 545 state with specificity the provisions that are being reissued. 546 (

c) The Legislature intends that, during an extended public 547 health emergency such as the COVID-19 pandemic, there should be 548 a presumption that K-12 public schools, to the greatest extent 549 possible, should remain open so long as the health and safety of 550 students and school personnel can be maintained. The Legislature 551

Florida Senate - 2021 SB 2006 20-01293B-21 20212006__ Page 20 of 35 CODING: Words stricken are deletions; words underlined are additions. also intends that during such an event, there should be a 552 presumption that businesses should remain open to the greatest 553 extent possible so long as the health and safety of employees 554 and customers can be reasonably protected. 555 1.

If the Governor declares by executive order or 556 proclamation that the emergency requires closure of or 557 restricted in-person attendance at K-12 public schools, the 558 executive order or proclamation must contain specific reasons 559 for those determinations, and he or she must review and reassess 560 the situation regularly. 561 2.

If the Governor declares by executive order or 562 proclamation that the emergency requires businesses to have 563 restricted operations or closures, the executive order or 564 proclamation must contain specific reasons for those 565 determinations, and he or she must review and reassess the 566 situation regularly. 567

(2) A state of emergency must shall be declared by 568 executive order or proclamation of the Governor if she or he 569 finds an emergency has occurred or that the occurrence or the 570 threat thereof is imminent.

The state of emergency must shall 571 continue until the Governor finds that the threat or danger has 572 been dealt with to the extent that the emergency conditions no 573 longer exist and she or he terminates the state of emergency by 574 executive order or proclamation, but no state of emergency may 575 continue for longer than 60 days unless renewed by the Governor. 576 The Legislature by concurrent resolution may terminate a state 577 of emergency at any time.

Thereupon, the Governor shall issue an 578 executive order or proclamation ending the state of emergency. 579 All executive orders or proclamations issued under this

section 580

Florida Senate - 2021 SB 2006 20-01293B-21 20212006__ Page 21 of 35 CODING: Words stricken are deletions; words underlined are additions. must shall indicate the nature of the emergency, the area or 581 areas threatened, and the conditions which have brought the 582 emergency about or which make possible its termination.

An 583 executive order or proclamation must shall be promptly 584 disseminated by means calculated to bring its contents to the 585 attention of the general public; and, unless the circumstances 586 attendant upon the emergency prevent or impede such filing, the 587 order or proclamation must shall be filed promptly with the 588 Department of State, the President of the Senate and the Speaker 589 of the House of Representatives, and in the offices of the 590 county commissioners in the counties to which the order or 591 proclamation applies. 592 (3)(

a) At any time, the Legislature, by concurrent 593 resolution, may terminate a state of emergency or any specific 594 order or directive thereunder. Upon such concurrent resolution, 595 the Governor shall issue an executive order or proclamation 596 consistent with the concurrent resolution. 597 (

b) Notwithstanding s. 252.46(2), all emergency 598 declarations and orders, regardless of how titled, issued under 599 the authority of this part by the Governor or any agency, 600 whether by direct, delegated, or subdelegated authority, before, 601 during, or after a declared emergency must be immediately filed 602 with the Division of Administrative Hearings. Failure to file 603 any such declaration or order with the division within 3 days 604 after issuance voids the declaration or order.

The division 605 shall index all such declarations and orders and make them 606 available in searchable format on its website. The index must 607 include a search category that specifically identifies emergency 608 orders that are in effect at any given time. This subsection 609

Florida Senate - 2021 SB 2006 20-01293B-21 20212006__ Page 22 of 35 CODING: Words stricken are deletions; words underlined are additions. applies retroactively to all executive emergency declarations 610 and orders that are in effect when this subsection takes effect. 611

(4) An executive order or proclamation of a state of 612 emergency must shall: 613 (

a) Activate the emergency mitigation, response, and 614 recovery aspects of the state, local, and interjurisdictional 615 emergency management plans applicable to the political 616 subdivision or area in question; and 617 (

b) Be authority for the deployment and use of any forces 618 to which the plan or plans apply and for the use or distribution 619 of any supplies, equipment, and materials and facilities 620 assembled, stockpiled, or arranged to be made available pursuant 621 to ss. 252.31-252.90 or any other provision of law relating to 622 emergencies. 623 (

c) Identify whether the state of emergency is due to a 624 minor, major, or catastrophic disaster. 625 1. For a major or catastrophic disaster, the proclamation 626 is authority for a health care practitioner licensed in another 627 state to assist in providing health care in the disaster area 628 according to the provisions specified in the proclamation. 629 2. For a catastrophic disaster, the proclamation 630 constitutes a formal request for mobilization of the military, 631 which shall be communicated to the President of the United 632 States. 633 (5)

(4) During the continuance of a state of emergency, the 634 Governor is commander in chief of the Florida National Guard and 635 of all other forces available for emergency duty. To the 636 greatest extent practicable, the Governor shall delegate or 637 assign command authority by prior arrangement embodied in 638

Florida Senate - 2021 SB 2006 20-01293B-21 20212006__ Page 23 of 35 CODING: Words stricken are deletions; words underlined are additions. appropriate executive orders or rules, but nothing herein 639 restricts the Governor’s authority to do so by orders issued at 640 the time of the emergency. 641 (6)

(5) In addition to any other powers conferred upon the 642 Governor by law, she or he may: 643 (

a) Suspend the provisions of any regulatory statute 644 prescribing the procedures for conduct of state business or the 645 orders or rules of any state agency, if strict compliance with 646 the provisions of any such statute, order, or rule would in any 647 way prevent, hinder, or delay necessary action in coping with 648 the emergency. Any such suspension must be consistent with 649 legislative policy and intent and must expire no later than 30 650 days after the initial suspension. The suspension may be 651 reissued for subsequent periods, not to exceed 30 days for each 652 reissuance, if the conditions underlying the emergency continue. 653 (

b) Use Utilize all available resources of the state 654 government and of each political subdivision of the state, as 655 reasonably necessary, to respond to cope with the emergency. 656 (

c) Transfer the direction, personnel, or functions of 657 state departments and agencies or units thereof for the purpose 658 of performing or facilitating emergency services. Any such 659 transfer must be promptly reported to the President of the 660 Senate and the Speaker of the House of Representatives on a 661 monthly basis until such transfer ceases. The monthly reports 662 must be cumulative. 663 (

d) Subject to any applicable requirements for compensation 664 under s. 252.43, commandeer or use utilize any private property 665 if she or he finds this necessary to adequately respond to cope 666 with the emergency. 667

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e) Direct and compel the evacuation of all or part of the 668 population from any stricken or threatened area within the state 669 if she or he deems this action necessary for the preservation of 670 life or other emergency mitigation, response, or recovery. 671 (

f) Prescribe routes, modes of transportation, and 672 destinations in connection with evacuation. 673 (

g) Control ingress and egress to and from an emergency 674 area, the movement of persons within the area, and the occupancy 675 of premises therein. 676 (

h) Suspend or limit the sale, dispensing, or 677 transportation of alcoholic beverages, firearms, explosives, and 678 combustibles. However, nothing contained in ss. 252.31-252.90 679 shall be construed to authorize the seizure, taking, or 680 confiscation of firearms that are lawfully possessed, unless a 681 person is engaged in the commission of a criminal act. 682 (

i) Make provision for the availability and use of 683 temporary emergency housing. 684 (

j) Take effective measures for limiting or suspending 685 lighting devices and appliances, gas and water mains, electric 686 power distribution, and all other utility services in the 687 general public interest. 688 (

k) Take measures concerning the conduct of civilians, the 689 movement and cessation of movement of pedestrian and vehicular 690 traffic prior to, during, and subsequent to drills and actual or 691 threatened emergencies, the calling of public meetings and 692 gatherings, and the evacuation and reception of civilian 693 population, as provided in the emergency management plan of the 694 state and political subdivisions thereof. 695 (

l) Authorize the use of forces already mobilized as the 696

Florida Senate - 2021 SB 2006 20-01293B-21 20212006__ Page 25 of 35 CODING: Words stricken are deletions; words underlined are additions. result of an executive order, rule, or proclamation to assist 697 the private citizens of the state in cleanup and recovery 698 operations during emergencies when proper permission to enter 699 onto or into private property has been obtained from the 700 property owner. The provisions of s. 768.28(9) apply to this 701 paragraph. 702 (

m) Authorize businesses and their employees who sell 703 commodities as defined in s. 501.160(1)(

a) to exceed the times 704 of curfews for the purpose of ensuring that the supplies of 705 commodities are made available to the public and direct local 706 law enforcement to assist and accommodate those businesses and 707 their employees in ensuring that commodities are available in 708 coping with the emergency. 709 (

n) By executive order, authorize the operator of solid 710 waste disposal facilities to extend operating hours to ensure 711 the health, safety, and welfare of the general public. 712 (

o) Waive the patient eligibility requirements of s. 713 465.1902. 714 (7)

(6) The Governor shall take such action and give such 715 direction to state and local law enforcement officers and 716 agencies as may be reasonable and necessary for the purpose of 717 securing compliance with the provisions of ss. 252.31-252.90 and 718 with the orders and rules made pursuant thereto. 719 (8)

(7) The Governor shall employ such measures and give 720 such directions to the Department of Health and the Agency for 721 Health Care Administration as may be reasonably necessary for 722 the purpose of securing compliance with the provisions of ss. 723 252.31-252.90 or with the findings or recommendations of such 724 agency of health by reason of conditions arising from 725

Florida Senate - 2021 SB 2006 20-01293B-21 20212006__ Page 26 of 35 CODING: Words stricken are deletions; words underlined are additions. emergencies or threats of emergency. 726 (9)

(8) The Governor shall delegate emergency 727 responsibilities to the officers and agencies of the state and 728 of the political subdivisions thereof prior to an emergency or 729 threat of an emergency and shall utilize the services and 730 facilities of existing officers and agencies of the state and of 731 the political subdivisions thereof, including their personnel 732 and other resources, as the primary emergency management forces 733 of the state, and all such officers and agencies shall cooperate 734 with and extend their services and facilities to the division, 735 as it may require. 736 (10)

(9) The Governor and the division shall establish 737 agencies and offices and appoint executive, professional, 738 technical, clerical, and other personnel as may be necessary to 739 carry out the provisions of ss. 252.31-252.90. 740 (11)

(10) The Governor shall formulate and execute plans and 741 rules for the control of traffic in order to provide for the 742 rapid and safe movement or evacuation over public highways and 743 streets of people, troops, or vehicles and materials for 744 national defense or for use in any defense industry and may 745 coordinate the activities of the departments or agencies of the 746 state and the political subdivisions thereof concerned directly 747 or indirectly with public highways and streets in a manner which 748 will best effectuate such plans. 749

Section 8. Subsection (3) of

section 252.365, Florida 750 Statutes, is amended to read: 751 252.365 Emergency coordination officers; disaster-752 preparedness plans.— 753

(3) The emergency coordination officers shall ensure These 754

Florida Senate - 2021 SB 2006 20-01293B-21 20212006__ Page 27 of 35 CODING: Words stricken are deletions; words underlined are additions. individuals shall be responsible for ensuring that each state 755 agency and facility, such as a prison, office building, or 756 university, has a disaster preparedness plan that is coordinated 757 with the applicable local emergency-management agency and 758 approved by the division. 759 (

a) The disaster-preparedness plan must outline a 760 comprehensive and effective program to ensure continuity of 761 essential state functions under all circumstances, including a 762 pandemic or another public health emergency. The plan must 763 identify a baseline of preparedness for a full range of 764 potential emergencies to establish a viable capability to 765 perform essential functions during any emergency or other 766 situation that disrupts normal operations.

This baseline must 767 consider and include preparedness for rapid and large-scale 768 increases in the public’s need to access government services 769 through technology or other means during an emergency such as 770 the COVID-19 pandemic. 771 (

b) The plan must include, at a minimum, the following 772 elements: identification of essential functions, programs, and 773 personnel; procedures to implement the plan and personnel 774 notification and accountability; delegations of authority and 775 lines of succession; identification of alternative facilities 776 and related infrastructure, including those for communications; 777 identification and protection of vital records and databases; 778 provisions regarding the availability of, and distribution plans 779 for, personal protective equipment; and schedules and procedures 780 for periodic tests, training, and exercises. 781 (

c) The division shall develop and distribute guidelines 782 for developing and implementing the plan. By December 31 of each 783

Florida Senate - 2021 SB 2006 20-01293B-21 20212006__ Page 28 of 35 CODING: Words stricken are deletions; words underlined are additions. year, each agency must update its plan to include provisions 784 related to preparation for pandemics and other public health 785 emergencies. 786

Section

Section 252.37, Florida Statutes, is amended to 787 read: 788 252.37 Financing.— 789

(1) The Legislature intends and declares it to be the 790 policy of the state that funds to meet emergencies shall always 791 be available. 792

(2) It is the legislative intent that the first recourse be 793 made to funds regularly appropriated to state and local 794 agencies. If the Governor finds that the demands placed upon 795 these funds in coping with a particular disaster declared by the 796 Governor as a state of emergency are unreasonably great, she or 797 he may make funds available by transferring and expending moneys 798 appropriated for other purposes or , by transferring and 799 expending moneys out of any unappropriated surplus funds, or 800 from the Budget Stabilization Fund consistent with legislative 801 policy and intent.

Following the expiration or termination of 802 the state of emergency, or 6 months after the expiration or 803 termination of the initial state of emergency, whichever occurs 804 earlier, the Governor may transfer moneys with a budget 805 amendment, subject to approval, in whole or in part, by the 806 Legislative Budget Commission, to satisfy the budget authority 807 granted for such emergency. The expenditures supporting the 808 amendment must be directly related to the stated disaster or 809 emergency. 810

(3) Nothing contained in This

section may not shall be 811 construed to limit the authority of the Governor to apply for, 812

Florida Senate - 2021 SB 2006 20-01293B-21 20212006__ Page 29 of 35 CODING: Words stricken are deletions; words underlined are additions. administer, and expend any grants, gifts, or payments in aid of 813 emergency prevention, mitigation, preparedness, response, or 814 recovery. 815 (4)(

a) Whenever the Federal Government or any agency or 816 officer thereof offers to the state or, through the state, to 817 any political subdivision thereof services, equipment, supplies, 818 materials, or funds by way of gift, grant, or loan for the 819 purposes of emergency management or recovery, the state, acting 820 through the division, or such political subdivision, acting with 821 the consent of the Governor or the Governor’s authorized 822 representative, may accept such offer.

Upon such acceptance, the 823 division or the presiding officer or governing body of such 824 political subdivision may authorize receipt of the gift, grant, 825 or loan on behalf of the state or such political subdivision, 826 subject to the terms of the offer and the rules and regulations 827 of the agency making the offer. 828 (

b) Whenever any person, firm, or corporation offers to the 829 state or to any political subdivision thereof services, 830 equipment, supplies, materials, or funds by way of gift, grant, 831 loan, or other agreement for the purpose of emergency 832 management, the state, acting through the division, or such 833 political subdivision, acting through its governing body or a 834 local emergency management agency, may accept such offer.

Upon 835 such acceptance, the division or the presiding officer or 836 governing body of the political subdivision may authorize 837 receipt of the gift, grant, or loan on behalf of the state or 838 such political subdivision, subject to the terms of the offer. 839

(5) Unless otherwise specified in the General 840 Appropriations Act: 841

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a) Whenever the state accepts financial assistance from 842 the Federal Government or its agencies under the federal Public 843 Assistance Program and such financial assistance is conditioned 844 upon a requirement for matching funds, the state shall provide 845 the entire match requirement for state agencies and one-half of 846 the required match for grants to local governments. The affected 847 local government shall be required to provide one-half of the 848 required match prior to receipt of such financial assistance. 849 (

b) The Executive Office of the Governor may approve a 850 waiver, subject to the requirement for legislative notice and 851 review under s. 216.177, of all or a portion of the required 852 match for public assistance projects for local governments if 853 the Executive Office of the Governor determines that such a 854 match requirement cannot be provided, or that doing so would 855 impose a documented hardship on the local government, and if the 856 local government applies for the waiver within the first 18 857 months after the disaster is declared. 858

(6) Whenever the state accepts financial assistance from 859 the Federal Government or its agencies under the federal Hazard 860 Mitigation Assistance Grant Program and such financial 861 assistance is conditioned upon a requirement for matching funds, 862 the eligible subgrantee recipient shall be required to provide 863 the full amount of the required match prior to receipt of such 864 financial assistance unless otherwise specified in the General 865 Appropriations Act. 866 867 The agency or political subdivision must submit in advance a 868 detailed spending plan for any such grants, gifts, loans, funds, 869 payments, services, equipment, supplies, or materials in aid of 870

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(1) It is the intent of the Legislature that this state not 900 have a deficit of safe public hurricane evacuation shelter space 901 in any region of the state by 1998 and thereafter. 902 (2)(

a) The division shall administer a program to survey 903 existing schools, universities, community colleges, and other 904 state-owned, municipally owned, and county-owned public 905 buildings and any private facility that the owner, in writing, 906 agrees to provide for use as a public hurricane evacuation 907 shelter to identify those that are appropriately designed and 908 located to serve as such shelters. The owners of the facilities 909 must be given the opportunity to participate in the surveys.

The 910 state university boards of trustees, district school boards, 911 community college boards of trustees, and the Department of 912 Education are responsible for coordinating and implementing the 913 survey of public schools, universities, and community colleges 914 with the division or the local emergency management agency. 915 (

b) By January 31 of each even-numbered year, the division 916 shall prepare and submit a statewide emergency shelter plan to 917 the Governor and Cabinet for approval, subject to the 918 requirements for approval in s. 1013.37(2). The emergency 919 shelter plan must address the hurricane shelter needs of the 920 state, including during times of a concurrent public health 921 emergency that necessitates more space for each individual in 922 such shelters to accommodate physical distancing.

In addition to 923 information on the general shelter needs throughout this state, 924 the plan must shall identify the general location and square 925 footage of special needs shelters, by regional planning council 926 region, during the next 5 years. The plan must shall also 927 include information on the availability of shelters that accept 928

Florida Senate - 2021 SB 2006 20-01293B-21 20212006__ Page 33 of 35 CODING: Words stricken are deletions; words underlined are additions. pets. The Department of Health shall assist the division in 929 determining the estimated need for special needs shelter space 930 and the adequacy of facilities to meet the needs of persons with 931 special needs based on information from the registries of 932 persons with special needs and other information. 933

(3) The division shall annually provide to the President of 934 the Senate, the Speaker of the House of Representatives, and the 935 Governor a list of facilities recommended to be retrofitted 936 using state funds. State funds should be maximized and targeted 937 to regional planning council regions with hurricane evacuation 938 shelter deficits. Retrofitting facilities in regions with public 939 hurricane evacuation shelter deficits shall be given first 940 priority and should be completed by 2003. All recommended 941 facilities should be retrofitted by 2008.

The owner or lessee of 942 a public hurricane evacuation shelter that is included on the 943 list of facilities recommended for retrofitting is not required 944 to perform any recommended improvements. 945

Section 12. Subsection (1) of

section 252.44, Florida 946 Statutes, is amended to read: 947 252.44 Emergency mitigation.— 948

(1) In addition to prevention measures included in the 949 state and local comprehensive emergency management plans, the 950 Governor shall consider on a continuing basis steps that could 951 be taken to mitigate the harmful consequences of emergencies. At 952 the Governor’s direction and pursuant to any other authority and 953 competence they have, state agencies, including, but not limited 954 to, those charged with responsibilities in connection with 955 protecting and maintaining the public health, flood plain 956 management, stream encroachment and flow regulation, weather 957

Florida Senate - 2021 SB 2006 20-01293B-21 20212006__ Page 34 of 35 CODING: Words stricken are deletions; words underlined are additions. modification, fire prevention and control, air quality, public 958 works, land use and land use planning, and construction 959 standards, shall make studies of emergency-mitigation-related 960 matters. The Governor, from time to time, shall make such 961 recommendations to the Legislature, local governments, and other 962 appropriate public and private entities as may facilitate 963 measures for mitigation of the harmful consequences of 964 emergencies. 965

Section 13. Paragraph (

a) of subsection (2) of

section 966 377.703, Florida Statutes, is amended to read: 967 377.703 Additional functions of the Department of 968 Agriculture and Consumer Services.— 969

(2) DUTIES.—The department shall perform the following 970 functions, unless as otherwise provided, consistent with the 971 development of a state energy policy: 972 (

a) The Division of Emergency Management is responsible for 973 the development of an energy emergency contingency plan to 974 respond to serious shortages of primary and secondary energy 975 sources. Upon a finding by the Governor, implementation of any 976 emergency program shall be upon order of the Governor that a 977 particular kind or type of fuel is, or that the occurrence of an 978 event which is reasonably expected within 30 days will make the 979 fuel, in short supply.

The Division of Emergency Management 980 shall then respond by instituting the appropriate measures of 981 the contingency plan to meet the given emergency or energy 982 shortage. The Governor may utilize the provisions of s. 983 252.36(6) s. 252.36(5) to carry out any emergency actions 984 required by a serious shortage of energy sources. 985

Section 14. Notwithstanding the requirements of s. 252.37, 986

Florida Senate - 2021 SB 2006 20-01293B-21 20212006__ Page 35 of 35 CODING: Words stricken are deletions; words underlined are additions. Florida Statutes, as amended by this act, and for purposes of 987 the declaration of emergency issued by the Governor for the 988 COVID-19 pandemic, any budget amendment submitted in accordance 989 with s. 252.37, Florida Statutes, upon the effective date of 990 this act is subject to approval, in whole or in part, by the 991 Legislative Budget Commission. 992

Section 15. For purposes of this act, all executive orders 993 issued pursuant to an emergency declaration by the Governor, 994 including through delegated or subdelegated authority, which are 995 issued more than 30 days before July 1, 2021, will expire upon 996 the effective date of this act; however, an expired executive 997 order may be reissued for 30-day periods if the emergency 998 conditions persist, and if the reissued order states with 999 specificity the provisions that are being reissued. 1000

Section 16. This act shall take effect July 1, 2021. 1001