F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1623 2024
1 A bill to be entitled
2 An act relating to emergencies; amending s. 252.36,
3 F.S.; requiring legislative approval before the
4 Governor is authorized to renew certain emergency
5 provisions; requiring the Governor to review and
6 redraft such provisions after a certain time period of
7 time; requiring the Office of Program Policy Analysis
8 and Government Accountability to prepare a report in
9 certain circumstances; requiring such report to
10 accompany the Governor's redraft of such provisions;
11 providing authorized and prohibited actions of the
12 Governor; providing that specified property is
13 considered commandeered and compensation is required
14 in certain circumstances; providing requirements for
15 certain emergency provisions for a specified purpose;
16 providing legislative intent; amending s. 381.00315,
17 F.S.; revising the definition of the term "public
18 health advisory"; revising required and authorized
19 actions of the State Health Officer; providing
20 legislative intent; providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Paragraphs (b) and (c) of subsection (1) and
25 subsection (2) of section 252.36, Florida Statutes, are amended,
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26 and subsection (13) is added to that section, to read:
27 252.36 Emergency management powers of the Governor.—
28 (1)
29 (b) Pursuant to the authority vested in her or him under
30 paragraph (a), the Governor may issue executive orders,
31 proclamations, and rules and may amend or rescind them. Such
32 executive orders, proclamations, and rules shall have the force
33 and effect of law. An executive order, a proclamation, or a rule
34 must be limited to a duration of not more than 60 days and may
35 be renewed as necessary during the duration of the emer gency. If
36 renewed, the order, proclamation, or rule must specifically
37 state which provisions are being renewed. An executive order, a
38 proclamation, or a rule, if not revoked sooner, shall cease to
39 have effect at the expiration of 60 days, unless such executive
40 order, proclamation, or rule is approved by a resolution passed
41 by a majority of the House of Representatives and the Senate.
42 Such a resolution may extend such executive order, proclamation,
43 or rule for an additional 30 days. Such an extension, if not
44 revoked sooner, shall cease to have effect at the expiration of
45 the additional 30 days, unless such executive order,
46 proclamation, or rule is approved by a resolution passed by a
47 two-thirds majority of the House of Representatives and the
48 Senate. Such a resolution may extend such executive order,
49 proclamation, or rule for an additional 30 days. Each subsequent
50 resolution, if not revoked sooner, shall cease to have effect at
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51 the expiration of the additional 30 days unless such executive
52 order, proclamation, or rule is approved by a resolution passed
53 by a two-thirds majority of the House of Representatives and the
54 Senate. Such executive order, proclamation, or rule may not be
55 extended for longer than 6 months without a full review and a
56 redraft of such executive order, proclamation, or rule by the
57 Governor. Such redraft must include a report by the Office of
58 Program Policy Analysis and Government Accountability that
59 reviews the measures in such executive order, proclamation, or
60 rule. The Governor may revoke any executive order, proclamation,
61 or rule that has been approved by the Legislature under this
62 paragraph before it would otherwise expire, provided that the
63 Governor may not modify the effect of any measure that has been
64 so approved without the concurrence of the Legislature. Upon the
65 expiration of an executive order, proclamation, or rule, the
66 Governor may not issue a substantially similar executive order,
67 proclamation, or rule without the concurrence of the
68 Legislature.
69 (c) The Legislature intends that, during an extended
70 public health emergency, such as the COVID-19 pandemic, there
71 should be a presumption that K-12 public schools, to the
72 greatest extent possible, should remain open so long as the
73 health and safety of students and school personnel can be
74 maintained by specific public health mitigation strategies
75 recommended by federal or state health agencies for educational
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76 settings. The Legislature also intends that during such an
77 event, there be a presumption that businesses should remain open
78 to the greatest extent possible so long as the health and safety
79 of employees and customers can be reasonably protected by
80 specific public health mitigation strategies recommended by
81 federal or state health agencies, including, but not limited, to
82 the Occupational Safety and Health Administration.
83 1. If the Governor declares by executive order or
84 proclamation that the emergency requires closure of or
85 restricted in-person attendance at K-12 public schools, the
86 executive order or proclamation must contain specific r easons
87 for those determinations, and he or she must review and reassess
88 the situation at least every 30 days and certify in writing any
89 need for such continued closure or restriction regularly.
90 2. If the Governor declares by executive order or
91 proclamation that the emergency requires businesses to restrict
92 their operations or close, the executive order or proclamation
93 must contain specific reasons for those determinations, and he
94 or she must review and reassess the situation at least every 30
95 days and certify in writing any need for such continued closure
96 or restriction regularly. However, if such restrictions are
97 imposed by the Governor on private businesses and continue for
98 more than 14 days, any affected business is considered
99 commandeered pursuant to paragraph (4)(d) and compensation must
100 be paid pursuant to s. 252.43.
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101 3. Any executive order, proclamation, or rule that limits
102 the rights or liberties of individuals or businesses must be
103 narrowly tailored to serve a compelling public health or safety
104 purpose. Any such measure must be limited in duration,
105 applicability, and scope to reduce any infringement on
106 individual rights or liberties to the greatest extent possible.
107 (2) A state of emergency must be declared by executive
108 order or proclamation of the Governor if she or he finds an
109 emergency has occurred or that the occurrence or the threat
110 thereof is imminent. The state of emergency must continue until
111 the Governor finds that the threat or danger has been dealt with
112 to the extent that the emergency conditions no longer exist and
113 she or he terminates the state of emergency by executive order
114 or proclamation, but no state of emergency may continue for
115 longer than 60 days unless renewed by the Legislature under
116 paragraph (1)(b) by the Governor. All executive orders or
117 proclamations issued under this section must indicate the nature
118 of the emergency, the area or areas threatened, and the
119 conditions which brought the emergency about or which make
120 possible its termination. An executive order or proclamation
121 must be promptly disseminated by means calculated to bring its
122 contents to the attention of the general public; and, unless the
123 circumstances attendant upon the emergency prevent or impede
124 such filing, the order or proclamation must be filed promptly
125 with the Department of State, the President of the Senate and
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126 the Speaker of the House of Representatives, and the offices of
127 the county commissioners in the counties to which the order or
128 proclamation applies.
129 (13) It is the intent of the Legislature that the powers
130 granted in this section may not be used in any way that
131 infringes upon or limits any rights provided in Art. I of the
132 State Constitution.
133 Section 2. Paragraphs (b) through (g) of subsection (5) of
134 section 381.00315, Florida Statutes, are redesignated as
135 paragraphs (a) through (f), respectively, paragraph (b) of
136 subsection (1), paragraphs (c) and (d) of subsection (2), and
137 present paragraph (a) of subsection (5) are amended, and
138 subsection (7) is added to that section, to read:
139 381.00315 Public health advisories; public health
140 emergencies; isolation and quarantines.—The State Health Officer
141 is responsible for declaring public health emergencies, issuing
142 public health advisories, and ordering isolation or quarantines.
143 (1) As used in this section, the term:
144 (b) "Public health advisory" means any warning or report
145 giving information to the public about a potential public health
146 threat. Before issuing any public health advisory, the State
147 Health Officer must consult with any state or local agency
148 regarding areas of responsibility which may be affected by such
149 advisory. Upon determining that issuing a public health advisory
150 is necessary to protect the public health and safety, and prior
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151 to issuing the advisory, the State Health Officer must n otify
152 each county health department within the area which is affected
153 by the advisory of the State Health Officer's intent to issue
154 the advisory. The State Health Officer is authorized to take any
155 action appropriate to enforce any public health advisory.
156 (2)
157 (c) The State Health Officer, upon declaration of a public
158 health emergency, shall establish by order the method and
159 procedure for identifying and reporting cases and deaths
160 involving the infectious disease or other occurrence identified
161 as the basis for the declared public health emergency. The
162 method and procedure must be consistent with any standards
163 developed by the Federal Government specific to the declared
164 emergency or, if federal standards do not exist, must be
165 consistent with public health best practices as identified by
166 the State Health Officer. During the pendency of a public health
167 emergency, the department is the sole entity responsible for the
168 collection and official reporting and publication of cases and
169 deaths. The State Health Officer, by order or emergency rule,
170 may ensure necessary assistance from licensed health care
171 providers in carrying out this function and may request the
172 assistance of district medical examiners in performing this
173 function.
174 (d) The State Health Officer, upon declaration of a public
175 health emergency, may take actions that are necessary to protect
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176 the public health. Such actions include, but are not limited to:
177 1. Directing manufacturers of prescription drugs or over-
178 the-counter drugs who are permitted under chapter 499 and
179 wholesalers of prescription drugs located in this state who are
180 permitted under chapter 499 to give priority to the shipping of
181 specified drugs to pharmacies and health care providers within
182 geographic areas identified by the State Health Officer. The
183 State Health Officer must identify the drugs to be shipped.
184 Manufacturers and wholesalers located in the state must respond
185 to the State Health Officer's priority shipping directive before
186 shipping the specified drugs.
187 2. Notwithstanding chapters 465 and 499 and rules adopted
188 thereunder, directing pharmacists employed by the department to
189 compound bulk prescription drugs and provide these bulk
190 prescription drugs to physicians and nurses of county health
191 departments or any qualified person authorized by the State
192 Health Officer for administration to persons as part of a
193 prophylactic or treatment regimen.
194 3. Notwithstanding s. 456.036, temporarily reactivating
195 the inactive license of the following health care practitioners,
196 when such practitioners are needed to respond to the public
197 health emergency: physicians licensed under chapter 458 or
198 chapter 459; physician assistants licensed under chapter 458 or
199 chapter 459; licensed practical nurses, registered nurses, and
200 advanced practice registered nurses licensed under part I of
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201 chapter 464; respiratory therapists licensed under part V of
202 chapter 468; and emergency medical technicians and paramedics
203 certified under part III of chapter 401. Only those health care
204 practitioners specified in this paragraph who possess an
205 unencumbered inactive license and who request that such license
206 be reactivated are eligible for reactivation. An inactive
207 license that is reactivated under this paragraph shall return to
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