This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1567.CRG
DATE: 1/24/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1567 Qualifications of the Director of the Division of Emergency Management
SPONSOR(S): Constitutional Rights, Rule of Law & Government Operations Subcommittee, Grant
TIED BILLS: IDEN./SIM. BILLS: SB 1262
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Constitutional Rights, Rule of Law &
Government Operations Subcommittee
14 Y, 0 N, As CS Miller Miller
2) State Affairs Committee
SUMMARY ANALYSIS
Florida is vulnerable to a wide variety of emergencies, both natural and of human origin. The Legislature
adopted the State Emergency Management Act (Act) to reduce these vulnerabilities, promote emergency
preparedness, response, mitigation, and recovery, and coordinate all emergency management functions of the
state with local political subdivisions as well as the federal government.
The Division of Emergency Management (FDEM) is created in the Executive Office of the Governor to
implement the purposes of the Act. These duties include preparing the state emergency plan, coordinating
emergency planning and response with local and federal authorities, and assisting local government
emergency planning, preparation, and response.
Basic state policy for responding to disasters is to support local emergency response efforts while also
recognizing the need for state assistance when the scope of a disaster is greater than can be met by local
resources. The Act provides specific authorization and emergency powers to counties, requiring each to
establish and maintain an emergency management agency and develop a county emergency management
plan. Municipalities are encouraged to create their own emergency management plans but must coordinate
with the county emergency management agency. Each county must have an emergency management agency
headed by a director appointed either by the board of county commissioners or the county chief administrative
officer and serving at the pleasure of the appointing authority. Current law provides no specific minimum
qualifications for county emergency management directors other than the minimum training and education
standards in a job description approved by the county.
The bill creates minimum education, experience, and training standards for all county emergency management
directors. All county directors will be required to have at least a bachelor’s degree and six years of verifiable
experience in emergency services, emergency management, emergency planning, law enforcement, or fire-
fighting services (three years of which must be supervisory experience in emergency management, responses,
or operations for a county or municipality). A Master’s degree in one or more of the following fields may be
substituted for two years of the required experience but not for the required supervisory experience:
emergency preparedness or management, homeland security, public health, criminal justice, meteorology, or
environmental science. Additionally, a county director must complete specific courses offered by the Federal
Emergency Management Agency (FEMA) through the Emergency Management Institute (or equivalent
courses established by FEMA): ICS-100, ICS-200, IS-700, IS-703, IS-800. Alternatively, a valid accreditation
as a Certified Master Exercise Practitioner by FEMA, a Certified Emergency Manager, or a Florida
Professional Emergency Manager may substitute for these courses. Finally, a county director must have a
valid Florida driver license. Recognizing that not every current county emergency management director may
have fulfilled these minimum qualifications, the bill allows them until June 30, 2026, to meet the new criteria.
The bill appears to have no fiscal impact on the state or local governments but may have an indeterminate
negative fiscal impact on individuals seeking appointment as county emergency management directors. See
Fiscal Comments. STORAGE NAME: h1567.CRG PAGE: 2
DATE: 1/24/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
State Emergency Management Act
Florida is vulnerable to a wide variety of emergencies, including natural, technological, and human
origin disasters threatening the health and safety of people, damaging and destroying property,
disrupting services, and impeding economic growth and development.
1
To reduce these vulnerabilities,
promote emergency
2
preparedness, response, mitigation, recovery, and coordinate all emergency
management functions of the state with the political subdivisions of the state, other states, and the
Federal Government,
3
the Legislature adopted the State Emergency Management Act (Act).
4
Under the Act, “emergency management” is defined as “the preparation for, the mitigation of, the
response to, and the recovery from emergencies and disasters.”
5
Specific emergency management
responsibilities include without limitation:
Reducing vulnerabilities of people and communities to damage, injury, and loss of life and
property resulting from natural, technological, or manmade emergencies or hostile military or
paramilitary action;
Preparing for prompt and efficient response and recovery to protect lives and property affected
by emergencies;
Responding to emergencies using all systems, plans, and resources necessary to preserve the
health, safety, and welfare of persons or property affected by emergencies;
Assisting recovery from emergencies by providing for the rapid and orderly start of restoration
and rehabilitation of persons and property affected by emergencies;
Providing an emergency management system embodying all aspects of pre-emergency
preparedness and post-emergency response, recovery, and mitigation; and
Assisting with the anticipation, recognition, appraisal, prevention, and mitigation of emergencies
which may be caused or aggravated by inadequate planning for, and regulation of, public and
private facilities and land use.
6
The Division of Emergency Management is created within the Executive Office of the Governor
(FDEM)
7
to implement the purposes of the Act, including coordinating planning and response to
emergencies with local and federal authorities.
8
The duties of FDEM include preparing and updating
the state comprehensive emergency management plan,
9
adopting standards and requirements for
county emergency plans,
10
assisting political subdivisions
11
with preparing and maintaining their
emergency management plans,
12
reviewing such plans of political subdivisions,
13
and coordinating
federal, state, and local emergency management actions in advance of an actual emergency to ensure
1
S. 252.311(1), F.S.
2
S. 252.34(4), F.S., defines “emergency” as “any occurrence, or threat thereof, whether natural, technological, or manmade, in war or
in peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property.”
3
Ss. 252.311, 252.32, F.S.
4
Ss. 252.31-252.60, F.S. See s. 252.31, F.S.
5
S. 252.34(5), F.S.
6
S. 252.34(5)(a)-(f), F.S.
7
S. 14.2016(1), F.S.
8
S. 252.32, F.S.
9
The state comprehensive emergency plan must be integrated into and coordinate with federal emergency management plans and
programs. S. 252.35(2)(a), F.S.
10
S. 252.35(2)(b), F.S.
11
S. 252.34(10), F.S., defines “political subdivision” as any county or municipality.
12
S. 252.35(2)(c), F.S.
13
S. 252.35(2)(d), F.S. STORAGE NAME: h1567.CRG PAGE: 3
DATE: 1/24/2024
availability of adequately trained and equipped personnel before, during, and after an emergency or
disaster.
14
The Governor is responsible for meeting the dangers presented by emergencies using the powers
authorized in the Act.
15
The Governor also is responsible for appointing the director of FDEM, who
serves at the pleasure of the Governor and is the head of FDEM for all purposes.
16
Neither the statute
creating FDEM nor the Act provide minimum qualifications for the director. The current Executive
Director of FDEM has more than 30 years’ experience in public safety and emergency management in
Florida, including 23 years in law enforcement and emergency preparedness in Jacksonville and
serving as the Public Safety and Emergency Management Director for Flagler County, the Assistant
County Administrator for Public Safety for Pasco County (responsible for all emergency services,
fire/rescue, and 911 Communications Center), Chief of Staff for FDEM, and then Deputy Director of
FDEM. He holds a B.A. in Criminal Justice, an M.A. in Human Services, and is certified as a Master
Exercise Practitioner
17
by the Federal Emergency Management Agency (FEMA).
18
Basic state policy for responding to disasters is to support local emergency response efforts while also
recognizing the need for state assistance when the scope of a disaster is greater than can be met by
local resources.
19
The Act provides specific authorization and emergency powers to counties, requiring
each county to establish and maintain an emergency management agency and develop a county
emergency management plan.
20
Municipalities are encouraged to create their own emergency
management plans but must coordinate with the county emergency management agency.
21
County emergency management agencies must have a director appointed by either the board of county
commissioners or the county chief administrative officer and serving at the pleasure of the appointing
authority. The county emergency management director (county director) may be a county constitutional
officer
22
or an employee of such an officer. The county director is responsible for the organization,
administration, and operation of the county emergency management agency, must coordinate the
emergency activities, services, and programs of the agency throughout the county, and serves as the
county liaison to FDEM and other local emergency management agencies.
23
By statute, the only qualifications a county director must meet are the minimum training and education
standards in the job description approved by the county.
24
Since there are no uniform minimum
requirements for county directors, counties vary in the qualifications required for the position as shown
by the following table:
14
S. 252.35(2)(l), F.S.
15
S. 252.36(1)(a), F.S.
16
S. 14.2016,(1), F.S.
17
The Master Exercise Practitioner Program is a program designed for advanced exercise practitioners in emergency management
exercise design, conduct, and evaluation and is the most advanced program offered through the FEMA Emergency Management
Institute. See FEMA, “Master Exercise Practitioner Program,” available at https://training.fema.gov/programs/nsec/mepp/ (last visited
January 18, 224).
18
Kevin Guthrie, Executive Director, available at https://www.floridadisaster.org/dem/directors-office/FDEMdirector/ (last visited January
18, 2024).
19
S. 252.311(3), F.S.
20
S. 252.38(1)(a), F.S.
21
S. 252.38(2), F.S.
22
Sheriff, Tax Collector, Property Appraiser, Supervisor of Elections, or Clerk of Courts. Art. VIII, s. 1(d), Fla. Const.
23
S. 252.38(3)(b), F.S.
24
Id. STORAGE NAME: h1567.CRG PAGE: 4
DATE: 1/24/2024
County
Minimum Required
Education
Required Experience
Required Licenses/
Certifications
Broward
25
B.A. in required
subject
26
5 years full-time in emergency
management, at least 1-year
supervising emergency management
programs and personnel
Accreditation as a
Certified Emergency
Manager
Escambia
27
Graduation from 2-
year college or
university or B.A.
5 years professional experience in
emergency management,
emergency incident command &
control.
B.A. could be substituted for 2 years
experience
Valid driver license;
National Incident
Management System
(NIMS) certifications
IS700, IS800, IS100,
IS200, ICS300, and
ICS400
Sarasota
28
B.A. in required
subject
29
6 years related experience;
M.A. with at least 4 years related
experience may be substituted.
At least 4 years supervisory
experience in emergency
management
Certified Emergency
Manager (CEM), or
Florida Professional
Emergency Manager
(FPEM) or ability to
obtain within one-year
Valid driver license
Volusia
30
B.A. in required
subject
31
5 years progressively responsible
work in emergency management
Valid driver license
Emergency Manager Qualifications
The Emergency Management Institute (EMI) run by FEMA is the primary center for the development
and delivery of emergency management training nationally, emphasizing programs such as the
National Incident Management System (NIMS).
32
A comprehensive approach to managing emergency
and disaster incidents, NIMS is intended to apply across all jurisdictional levels and functional
disciplines for the management of all potential incidents, hazards, and impacts regardless of size,
location, or complexity.
33
The National Qualification System (NQS) within NIMS establishes guidance
and tools to assist stakeholders in developing processes for qualifying, certifying, and credentialing
deployable emergency personnel.
34
The most advance program offered by FEMA is the Master
Exercise Practitioner Program.
35
In addition to the NIMS program, national certification is available
through the International Association of Emergency Managers (IAEM). IAEM has two levels of
individual certification, the Certified Emergency Manager (CEM) and the Associate Emergency
Manager (AEM).
36
25
“Training and Requirements for Emergency Management Professionals in Broward County,” available at
https://www.emergencymanagementedu.org/florida/broward-county/ (last visited January 16, 2024).
26
Homeland security, terrorism studies, emergency preparedness, business administration, public health. Id.
27
Escambia County, “BCC Job Descriptions,” available at https://myescambia.com/our-services/human-resources/employment/job-
descriptions (last visited January 16, 2024).
28
Sarasota County Government, “Emergency Management Chief (Manager III) – R16608,” available at
https://sgrjobs.com/SGR/position.php?JobID=453641 (last visited January 18, 2024).
29
Public administration, management, business science, or technical field. Id.
30
Volusia County, “Emergency Management Director – Emergency Management Division; job notice” (12/29/2022), available at
https://www.salary.com/job/volusia-county-fl/emergency-management-director-emergency-management-
division/j202212291022506814877 (last visited January 16, 2024).
31
Business, public administration, emergency management, homeland security, or related field. Id.
32
National Association of Counties, “Managing Disasters at the County Level: A National Survey,” available at
https://www.naco.org/sites/default/files/documents/Emergency%20Management%20in%20County%20Government_03.25.19.pdf (last
visited January 16, 2024).
33
Id. See also “National Incident Management System,” available at https://www.fema.gov/emergency-managers/nims (last visited
January 19, 2024).
34
FEMA, “National Incident Management System Guideline for the National Qualification System (Nov. 2017),” 1, available at
https://www.fema.gov/sites/default/files/2020-05/fema_nims_nqs_guideline_0.pdf (last visited January 19, 2024).
35
See supra, n. 17.
36
International Association of Emergency Managers, “Associate Emergency Manager (AEM) and Certified Emergency Manager
(CEM),” available at https://www.iaem.org/certification/intro (last visited January 19, 2024). STORAGE NAME: h1567.CRG PAGE: 5
DATE: 1/24/2024
NIMS maintains a core training curriculum including the following courses, all of which are available
online as interactive web-based instruction:
37
ICS-100: Introduction to the Incident Command System: This course introduces the Incident Command
System (ICS), provides the foundation for higher level ICS training, describes the history, features and
principles, and organizational structure of the ICS, and explains the relationship between ICS and
NIMS. Course objectives include:
Explaining the principles and basic structure of the ICS;
Describing the NIMS management characteristics that are the foundation of the ICS;
Describing the ICS functional areas and the roles of Incident Commander and command staff;
Describing the role of general staff within ICS; and
Identifying how NIMS management characteristics apply to ICS for a variety of roles and
discipline areas.
ICS-200: ICS for Single Resources and Initial Action Incidents: This course reviews the ICS, provides
the context for ICS within initial incident response, supports higher level ICS training, and training on,
and resources for, personnel who are likely to assume a supervisory position within ICS. Course
objectives include:
Describing how NIMS Management Characteristics relate to incident command and unified
command;
Describing the delegation of authority process, implementing authorities, management by
objectives, and preparedness plans and objectives;
Identifying ICS organizational components, the command staff, the general staff, and ICS tools;
Describing different types of briefings and meetings;
Explaining flexibility within the standard ICS organizational structure;
Explaining transfer of command briefings and procedures; and
Using ICS to manage an incident or event.
IS-700: National Incident Management System, An Introduction: This course provides an overview of
the concepts, principles, and components making NIMS a comprehensive approach guiding the whole
community - all levels of government, nongovernmental organizations, and the private sector - to work
together to prevent, protect against, mitigate, respond to, and recover from the effects of incidents.
Course objectives include:
Describing and identifying key concepts, principles, scope, and applicability underlying NIMS;
Describing activities and methods for managing resources;
Describing NIMS Management Characteristics;
Identifying and describing ICS organizational structures;
Explaining Emergency Operations Center (EOC) functions, common models for staff
organization, and activation levels;
Explaining the interconnectivity within the NIMS Management and Coordination structures: ICS,
EOC, Joint Information System, and Multiagency Coordination Groups; and
Identifying and describing the characteristics of communications and information systems,
effective communication, incident information, and communication standards and formats.
IS-703: NIMS Resource Management: This course introduces federal, state, local, tribal, and territorial
emergency managers, first responders, and incident commanders from all emergency management
disciplines to NIMS Resource Management, including private industry and volunteer agency personnel
responsible for coordination activities during a disaster. Course objectives include:
Defining the four resource management tasks to prepare for an incident response;
Identifying the six primary tasks of resource management during an incident; and
Describing the use of mutual aid in incidents.
37
Information on ICS-100, ICS-200, IS-700, IS-703, and IS-800 is found at FEMA, Emergency Management Institute, available at
https://training.fema.gov/nims/ (last visited January 18, 2024).
STORAGE NAME: h1567.CRG PAGE: 6
DATE: 1/24/2024
IS-800: National Response Framework, An Introduction: This course provides guidance for the all
entities involved in emergency management and response, focusing particularly on those who are
involved in delivering and applying the response core capabilities. Course objectives include:
Describing the purpose, scope, organization, and underlying doctrine of the National Response
Framework;
Describing the roles and responsibilities of response partners; and
Describing core capabilities for response and actions required to deliver those capabilities.
The Florida Emergency Preparedness Association (FEPA) is a private non-profit corporation providing
an educational network for emergency managers at all levels of government as well as the private
sector.
38
FEPA certifies as Florida Professional Emergency Managers those experience emergency
managers who have advanced and diverse “knowledge, skills, and abilities to perform effectively” in a
comprehensive emergency management program.
39
Effect of the Bill
The bill creates the following minimum qualifications for those employed as county emergency
management directors:
A bachelor’s degree;
Six years of verifiable experience in emergency services, emergency management, emergency
planning, law enforcement, or fire-fighting services. Three years of this service must be
supervisory experience in emergency management, responses, or operations for a county or
municipality.
A Master’s degree in one or more of the following fields may be substituted for two years of the
required experience but not for the required supervisory experience: emergency preparedness
or management, homeland security, public health, criminal justice, meteorology, or
environmental science.
Completion of the following NIMS courses (or equivalent courses established by FEMA): ICS-
100, ICS-200, IS-700, IS-703, IS-800. Alternatively, a valid accreditation as a Certified Master
Exercise Practitioner by FEMA, a Certified Emergency Manager, or a Florida Professional
Emergency Manager may substitute for the NIMS courses.
A valid driver license. If the license is not issued by Florida, the director must obtain a Florida
driver license within 30 days of being appointed as director.
Those county emergency management directors who do not meet all the required qualifications on the
effective date of the law will have until June 30, 2026, to complete the requirements.
B. SECTION DIRECTORY:
Section 1: Amends s. 252.38, F.S., to create minimum qualifications for county emergency
management directors.
Section 2: Creates a non-codified section of law allowing county emergency management directors
who do not meet the qualification requirements on the effective date of the act to have
until June 30, 2026, to complete such requirements.
Section 3: Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
38
FEPA, “About FEPA,” available at https://www.fepa.org/about-us (last visited January 19, 2024).
39
FEPA, “FEPA Certification Program,” available at https://www.fepa.org/certification (last visited January 19, 2024). STORAGE NAME: h1567.CRG PAGE: 7
DATE: 1/24/2024
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have an indeterminate negative economic impact on private individuals seeking
appointment as county emergency management directors by requiring at least a bachelor’s degree and
completion of specific courses pertaining to the National Incident Management System offered by the
Emergency Management Institute.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill neither authorizes nor requires executive branch rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 24, 2024, the Constitutional Rights, Rule of Law & Government Operations Subcommittee
adopted a proposed committee substitute (PCS) and reported the bill favorably as a committee substitute.
The PCS revised the bill by establishing minimum qualifications for county emergency management
directors, including minimum education, experience, and training criteria.
This analysis is drawn to the PCS adopted as a committee substitute by the Constitutional Rights, Rule of
Law & Government Operations Subcommittee.