HB 945 — Emergency Manangement Powers of Political Subdivisions

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 CS/CS/HBCS/HB 945 2021 A bill to be entitled An act relating to emergency management powers of political subdivisions;

providing applicability for significant emergency orders;

providing exceptions;

specifying requirements for the purpose and scope of significant emergency orders;

providing for the automatic expiration of significant emergency orders;

authorizing the extension of significant emergency orders for a specified duration;

requiringprohibiting suchthe extensionissuance to be approved by a majority vote of thecertain governingsignificant body;emergency orders;

authorizing the governing body to convene and vote remotely;

authorizing the Governor or Legislature to invalidate emergency orders upon certain determinations;

prohibiting the issuance of certain emergency orders;

(4) EXPIRATION AND EXTENSION OF SIGNIFICANT EMERGENCY ORDERS.— (a) As used in this subsection, the term "significant Page 1 of 3 CODING:

hb0945-02-c2hb0945-01-c1 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 CS/CS/HBCS/HB 945 2021 (a)emergency As used in this subsection, the term "emergency order" means an order or ordinance issued or enacted by a political subdivision in response to an emergency pursuant to this chapter or chapter 381 that limitsapplies theto rightsall orresidents libertieswithin ofthe individualspolitical orsubdivision businessesand withinlimits the politicalright subdivision.of a resident to:

(b)1. It is the intent of the Legislature to minimize the negative effects of an emergency order issued by a political subdivision.

NotwithstandingExercise anyreligious otherfreedom, law,including anthe emergencyright order issued by a political subdivision must be narrowly tailored to serveattend a compellingreligious publicservice; health or safety purpose.

Any such emergency order must be limited in duration, applicability, and scope in order to reduce any infringement on individual liberty to the greatest extent possible.

(c)1.

An emergency order automatically expires 7 days after issuance but may be extended, as necessary, in 7-day increments for a total duration of not more than 42 days.

AnSpeak emergencyfreely orderor mayassemble; be extended only upon a majority vote of the governing body of the political subdivision approving the extension.

The3. governing body may convene and vote remotely through electronic means for the sole purpose of extending an emergency order under this paragraph.

TheWork, orderbe extendingrewarded thefor emergencyindustry, order shall recite the circumstances requiring remote convening and voting, the method or methodsenter ofinto electronica meanscontract; used to convene and vote, and the governing body's finding of necessity to convene and vote by electronic Page 2 of 3 CODING:

4.

Travel;

5.

Acquire, possess, or protect real or personal property;

6.

Not be subject to unreasonable search and seizure;

or 7.

Purchase, keep, or bear a lawful firearm or ammunition.

(b) A significant emergency order may provide an exception for first responders as defined in s.

112.1815(1), health care practitioners as defined in s.

456.001, and employees of a public utility as defined in s.

366.02(1).

(c) It is the intent of the Legislature to minimize the negative effects of an extended significant emergency order issued by a political subdivision.

Notwithstanding any other law, a significant emergency order issued by a political subdivision must be narrowly tailored to serve a compelling public health or safety purpose.

Any such emergency order must be limited in duration, applicability, and scope in order to Page 2 of 3 CODING:

hb0945-02-c2hb0945-01-c1 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 CS/CS/HBCS/HB 945 2021 means.reduce any infringement on individual liberty to the greatest extent possible.

(d) TheA Governor,significant oremergency theorder Legislatureautomatically byexpires concurrent7 resolution,days mayafter atissuance anybut timemay invalidatebe anextended, emergencyas ordernecessary, issuedin by7-day aincrements politicalfor subdivisiona iftotal theduration Governorof ornot Legislaturemore determinesthan that42 suchdays. order unnecessarily restricts individual liberty.

(e) Upon the expiration of ana significant emergency order, a political subdivision may not issue a substantially similar order.

hb0945-02-c2hb0945-01-c1