This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1567z.CRG.docx
DATE: 3/13/2024
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: CS/CS/HB 1567 Qualifications for County Emergency Management Directors
SPONSOR(S): State Affairs Committee; Constitutional Rights, Rule of Law & Government Operations
Subcommittee; Grant and others
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 1262
FINAL HOUSE FLOOR ACTION: 113 Y’s
1 N’s GOVERNOR’S ACTION: Pending
SUMMARY ANALYSIS
CS/CS/HB 1567 passed the House on March 4, 2024, and subsequently passed the Senate on March 4, 2024.
The Division of Emergency Management (FDEM) is created in the Executive Office of the Governor to prepare
the state emergency plan, coordinate emergency planning and response with local and federal authorities, and
assist local government emergency planning, preparation, and response.
The State Emergency Management 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 plan 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 (county 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 directors. All county
directors must have at least 50 hours of training in specified fields or a bachelor’s degree. County directors
must have at least four years of verifiable experience in comprehensive emergency management services with
direct supervisory responsibility for responding to at least one emergency or disaster. A master’s degree in
certain fields may be substituted for two years of the required experience but not for the required supervisory
experience. Alternatively, a valid accreditation as a Certified Master Exercise Practitioner, a Certified
Emergency Manager, or a Florida Professional Emergency Manager may substitute for the required
experience but the accreditation must be kept in good standing until the actual time and experience
requirement are satisfied. The bill further requires a county director to complete 150 hours of comprehensive
emergency management training, including specific courses offered by the Federal Emergency Management
Agency (FEMA) through the Emergency Management Institute (or equivalent courses established by FEMA).
The bill also requires a county director to have a valid Florida driver license. County emergency management
directors have until June 30, 2026, to meet the new criteria.
The bill does not appear to have a fiscal impact on the state or local governments.
Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2024.
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I. SUBSTANTIVE INFORMATION
A. EFFECT OF 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.
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 (DEM)
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,
1
S. 252.311(1), F.S.
2
Section 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 and 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
Section 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.
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and local emergency management actions in advance of an actual emergency to ensure 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 DEM, who
serves at the pleasure of the Governor and is the head of DEM for all purposes.
16
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.
17
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.
18
Municipalities are encouraged to create their own emergency
management plans but must coordinate with the county emergency management agency.
19
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
20
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 DEM and other local emergency management agencies.
21
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.
22
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
S. 252.311(3), F.S.
18
S. 252.38(1)(a), F.S.
19
S. 252.38(2), F.S.
20
Sheriff, Tax Collector, Property Appraiser, Supervisor of Elections, or Clerk of Courts. Art. VIII, s. 1(d), Fla. Const.
21
S. 252.38(1)(b), F.S.
22
Id.
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County
Minimum Required
Education
Required Experience
Required Licenses/
Certifications
Broward
23
Bachelor of Arts
(BA) degree in
required subject
24
5 years full-time in emergency
management, at least 1 year supervising
emergency management programs and
personnel
Accreditation as a Certified
Emergency Manager
Escambia
25
Graduation from a 2-
year college or
university or a BA
degree
5 years professional experience in
emergency management, emergency
incident command and control; a BA
degree can substitute for 2 years of
experience
Valid driver license;
National Incident
Management System
(NIMS) certifications IS700,
IS800, IS100, IS200,
ICS300, and ICS400
Sarasota
26
BA degree in
required subject
27
6 years related experience or a master of
arts degree with at least 4 years of related
experience may be substituted; at least 4
years of supervisory experience in
emergency management
Certified Emergency
Manager (CEM), or Florida
Professional Emergency
Manager (FPEM) or ability
to obtain within 1 year; valid
driver license
Volusia
28
BA degree in
required subject
29
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).
30
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.
31
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.
32
The most advance program offered by FEMA is the Master
Exercise Practitioner Program.
33
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).
34
23
“Training and Requirements for Emergency Management Professionals in Broward County,” available at
https://www.emergencymanagementedu.org/florida/broward-county/ (last visited January 16, 2024).
24
Homeland security, terrorism studies, emergency preparedness, business administration, public health. Id.
25
Escambia County, “BCC Job Descriptions,” available at https://myescambia.com/our-services/human-resources/employment/job-
descriptions (last visited January 16, 2024).
26
Sarasota County Government, “Emergency Management Chief (Manager III) – R16608,” available at
https://sgrjobs.com/SGR/position.php?JobID=453641 (last visited January 18, 2024).
27
Public administration, management, business science, or technical field. Id.
28
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).
29
Business, public administration, emergency management, homeland security, or related field. Id.
30
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).
31
Id. See also “National Incident Management System,” available at https://www.fema.gov/emergency-managers/nims (last visited
January 19, 2024).
32
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).
33
See supra, n. 17.
34
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).
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NIMS maintains a core training curriculum, including the following courses, some of which are available
online as interactive web-based instruction:
35
ICS-100 is an introduction to the incident command system (ICS).
36
This course introduces the
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.
ICS-200 is an introduction to the 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.
ICS-300 is an intermediate course providing “an in-depth focus on the NIMS Incident Command
System (ICS) that includes the tools, practices, and procedures that are available in ICS to
effectively manage emergency incidents or planned local events at a local Type 3 level.”
37,38
ICS-400 is an advanced course providing training on overall incident management, emphasizing
“large-scale organizational development, roles and relationships of the command and general
staff, and planning, operational, logistical, and fiscal considerations related to large and complex
incident and event management.”
39,40
IS-700 is an independent study course providing an introduction to the national incident
management system.
41
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.
IS-800 is an independent study course providing an introduction to the National Response
Framework. 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.
DEM issues a professional development series certificate for successful completion of EMI independent
study courses.
42
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.
43
FEPA issues a Florida Professional Emergency Manager certificate to emergency managers
35
Information on ICS-100, ICS-200, ICS-300, ICS-400, IS-700, and IS-800 is found at FEMA, Emergency Management Institute,
available at
https://training.fema.gov/nims/ (last visited March 5, 2024).
36
This course is available online for no charge. FEMA, Emergency Management Institute, “Independent Study: Online Courses Free of
Charge,” available at https://training.fema.gov/is/crslist.aspx?lang=en (last visited January 24, 2024).
37
Emergency Management Services International, Inc., “ICS-300 Intermediate Incident Command System: Course Overview,” available
at https://www.emsics.com/training/ics/system/300-intermediate-incident-command-system/ (last visited March 5, 2024).
38
FEMA uses a continuum to categorize emergency and disaster incidents, from Type 5, a low level incident handled with minimal
resources and staff, to Type 1, the most complex incidents requiring national resources and the mobilization of all command staff
together with total personnel usually exceeding 1,000. A Type 3 incident would classify as intermediate, requiring several days or more
to resolve but not exceeding available capabilities. See FEMA, “National Incident Management System: Incident Complexity Guide
(2021),” p. 8, available at https://www.fema.gov/sites/default/files/documents/nims-incident-complexity-guide.pdf (last visited March 5,
2024).
39
Emergency Management Services International, Inc., “ICS-400 Advanced Incident Command System: Course Overview,” available at
http://www.emsics.com/training/ics/system/400-advanced-incident-command-system/ (last visited March 5, 2024).
40
ICS-300 and ICS-400 courses are coordinated directly by local emergency management agencies. NIMS, “ICS and NIMS Courses,”
available at https://training.fema.gov/nims/ (last visited March 5, 2024). In Florida, these courses are administered through DEM. FEMA,
“Training Officers/Training Managers Contact List,” available at https://training.fema.gov/programs/aps/stolist.aspx (last visited March 5,
2024).
41
This course is available online for no charge. See supra, n. 36.
42
The EMI courses include: IS-120.c, An Introduction to Exercises; IS-230.e, Fundamentals of Emergency Management; IS-235.c,
Emergency Planning; IS-240.c, Leadership and Influence; IS-241.c, Decision Making and Problem Solving; IS-242.c, Effective
Communication; and IS-244.b, Developing and Managing Volunteers. FDEM, “Professional Development Series,” available at
https://www.floridadisaster.org/dem/preparedness/training-and-exercise/ (last visited January 24, 2024).
43
FEPA, “About FEPA,” available at https://www.fepa.org/about-us (last visited January 19, 2024).
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who demonstrate advanced and diverse “knowledge, skills, and abilities to perform effectively” in a
comprehensive emergency management program.
44
Effect of the Bill
The bill creates the following minimum qualifications for those employed as county emergency
management directors:
Fifty hours of training in business or public administration, business or public management, or
emergency management or preparedness. A bachelor’s degree may be substituted for this
training requirement.
Four years of verifiable experience in comprehensive emergency management services,
including improving preparedness for emergency and disaster protection, prevention, mitigation,
response, and recovery. This must include direct supervisory responsibility for at least one
emergency or disaster.
o 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, business or public administration, communications,
finance, homeland security, public health, criminal justice, meteorology, or
environmental science. 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 required experience but the accreditation
must be kept in good standing until the actual time and experience requirements may be
satisfied.
Completion of 150 hours of comprehensive emergency management training provided through
or approved by FEMA or its successor, including completion of the following NIMS courses (or
equivalent courses established by FEMA through EMI): ICS-100, Introduction to the Incident
Command System; ICS-200, ICS for Single Resources and Initial Action Incidents; ICS-300,
Intermediate ICS for Expanding Incidents; ICS-400, Advanced ICS for Command and General
Staff; IS-700, National Incident Management System, An Introduction; and IS-800, National
Response Framework, An Introduction. All required training must be completed no earlier than
10 years preceding a person’s appointment as a county director, regardless whether it is an
initial appointment or a reappointment.
A valid driver license. If the license is not issued by Florida, the director must obtain a Florida
driver license within 30 days after being appointed as director.
The bill provides that county directors who do not meet the required qualifications have until June 30,
2026, to complete the requirements.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
44
FEPA, “FEPA Certification Program,” available at https://www.fepa.org/certification (last visited January 19, 2024).
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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 directors by requiring minimum training and completion of specific courses
pertaining to NIMS offered by EMI that are not offered without charge.
D. FISCAL COMMENTS:
None.