Florida 2024 Regular Session

Florida House Bill H1623 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1623 2024
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1623-00
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10	10	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
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12	12
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14	14	A bill to be entitled 1
15	15	An act relating to emergencies; amending s. 252.36, 2
16	16	F.S.; requiring legislative approval before the 3
17	17	Governor is authorized to renew certain emergency 4
18	18	provisions; requiring the Governor to review and 5
19	19	redraft such provisions after a certain time period of 6
20	20	time; requiring the Office of Program Policy Analysis 7
21	21	and Government Accountability to prepare a report in 8
22	22	certain circumstances; requiring such report to 9
23	23	accompany the Governor's redraft of such provisions; 10
24	24	providing authorized and prohibited actions of the 11
25	25	Governor; providing that specified property is 12
26	26	considered commandeered and compensation is required 13
27	27	in certain circumstances; providing requirements for 14
28	28	certain emergency provisions for a specified purpose; 15
29	29	providing legislative intent; amending s. 381.00315, 16
30	30	F.S.; revising the definition of the term "public 17
31	31	health advisory"; revising required and authorized 18
32	32	actions of the State Health Officer; providing 19
33	33	legislative intent; providing an effective date. 20
34	34	21
35	35	Be It Enacted by the Legislature of the State of Florida: 22
36	36	23
37	37	Section 1. Paragraphs (b) and (c) of subsection (1) and 24
38	38	subsection (2) of section 252.36, Florida Statutes, are amended, 25
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40	40	HB 1623 2024
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47	47	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
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49	49
50	50
51	51	and subsection (13) is add ed to that section, to read: 26
52	52	252.36 Emergency management powers of the Governor. — 27
53	53	(1) 28
54	54	(b) Pursuant to the authority vested in her or him under 29
55	55	paragraph (a), the Governor may issue executive orders, 30
56	56	proclamations, and rules and may amend or rescind th em. Such 31
57	57	executive orders, proclamations, and rules shall have the force 32
58	58	and effect of law. An executive order, a proclamation, or a rule 33
59	59	must be limited to a duration of not more than 60 days and may 34
60	60	be renewed as necessary during the duration of the emer gency. If 35
61	61	renewed, the order, proclamation, or rule must specifically 36
62	62	state which provisions are being renewed . An executive order, a 37
63	63	proclamation, or a rule, if not revoked sooner, shall cease to 38
64	64	have effect at the expiration of 60 days, unless such execu tive 39
65	65	order, proclamation, or rule is approved by a resolution passed 40
66	66	by a majority of the House of Representatives and the Senate. 41
67	67	Such a resolution may extend such executive order, proclamation, 42
68	68	or rule for an additional 30 days. Such an extension, if not 43
69	69	revoked sooner, shall cease to have effect at the expiration of 44
70	70	the additional 30 days, unless such executive order, 45
71	71	proclamation, or rule is approved by a resolution passed by a 46
72	72	two-thirds majority of the House of Representatives and the 47
73	73	Senate. Such a resolution may extend such executive order, 48
74	74	proclamation, or rule for an additional 30 days. Each subsequent 49
75	75	resolution, if not revoked sooner, shall cease to have effect at 50
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77	77	HB 1623 2024
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84	84	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
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86	86
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88	88	the expiration of the additional 30 days unless such executive 51
89	89	order, proclamation, or rule is approved by a resolution passed 52
90	90	by a two-thirds majority of the House of Representatives and the 53
91	91	Senate. Such executive order, proclamation, or rule may not be 54
92	92	extended for longer than 6 months without a full review and a 55
93	93	redraft of such execut ive order, proclamation, or rule by the 56
94	94	Governor. Such redraft must include a report by the Office of 57
95	95	Program Policy Analysis and Government Accountability that 58
96	96	reviews the measures in such executive order, proclamation, or 59
97	97	rule. The Governor may revoke an y executive order, proclamation, 60
98	98	or rule that has been approved by the Legislature under this 61
99	99	paragraph before it would otherwise expire, provided that the 62
100	100	Governor may not modify the effect of any measure that has been 63
101	101	so approved without the concurrence of the Legislature. Upon the 64
102	102	expiration of an executive order, proclamation, or rule, the 65
103	103	Governor may not issue a substantially similar executive order, 66
104	104	proclamation, or rule without the concurrence of the 67
105	105	Legislature. 68
106	106	(c) The Legislature intends that, during an extended 69
107	107	public health emergency, such as the COVID -19 pandemic, there 70
108	108	should be a presumption that K -12 public schools, to the 71
109	109	greatest extent possible, should remain open so long as the 72
110	110	health and safety of students and school personnel can be 73
111	111	maintained by specific public health mitigation strategies 74
112	112	recommended by federal or state health agencies for educational 75
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114	114	HB 1623 2024
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121	121	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
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125	125	settings. The Legislature also intends that during such an 76
126	126	event, there be a presumption that businesses should remain open 77
127	127	to the greatest extent possible so long as the health and safety 78
128	128	of employees and customers can be reasonably protected by 79
129	129	specific public health mitigation strategies recommended by 80
130	130	federal or state health agencies, including, but not limited, to 81
131	131	the Occupational Safety and Health Administration. 82
132	132	1. If the Governor declares by executive order or 83
133	133	proclamation that the emergency requires closure of or 84
134	134	restricted in-person attendance at K -12 public schools, the 85
135	135	executive order or proclamation must contain specific r easons 86
136	136	for those determinations, and he or she must review and reassess 87
137	137	the situation at least every 30 days and certify in writing any 88
138	138	need for such continued closure or restriction regularly. 89
139	139	2. If the Governor declares by executive order or 90
140	140	proclamation that the emergency requires businesses to restrict 91
141	141	their operations or close, the executive order or proclamation 92
142	142	must contain specific reasons for those determinations, and he 93
143	143	or she must review and reassess the situation at least every 30 94
144	144	days and certify in writing any need for such continued closure 95
145	145	or restriction regularly. However, if such restrictions are 96
146	146	imposed by the Governor on private businesses and continue for 97
147	147	more than 14 days, any affected business is considered 98
148	148	commandeered pursuant to p aragraph (4)(d) and compensation must 99
149	149	be paid pursuant to s. 252.43. 100
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158	158	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
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162	162	3. Any executive order, proclamation, or rule that limits 101
163	163	the rights or liberties of individuals or businesses must be 102
164	164	narrowly tailored to serve a compelling public health or safety 103
165	165	purpose. Any such measure must be limited in duration, 104
166	166	applicability, and scope to reduce any infringement on 105
167	167	individual rights or liberties to the greatest extent possible. 106
168	168	(2) A state of emergency must be declared by executive 107
169	169	order or proclamation of th e Governor if she or he finds an 108
170	170	emergency has occurred or that the occurrence or the threat 109
171	171	thereof is imminent. The state of emergency must continue until 110
172	172	the Governor finds that the threat or danger has been dealt with 111
173	173	to the extent that the emergency c onditions no longer exist and 112
174	174	she or he terminates the state of emergency by executive order 113
175	175	or proclamation, but no state of emergency may continue for 114
176	176	longer than 60 days unless renewed by the Legislature under 115
177	177	paragraph (1)(b) by the Governor. All executive orders or 116
178	178	proclamations issued under this section must indicate the nature 117
179	179	of the emergency, the area or areas threatened, and the 118
180	180	conditions which brought the emergency about or which make 119
181	181	possible its termination. An executive order or proclamation 120
182	182	must be promptly disseminated by means calculated to bring its 121
183	183	contents to the attention of the general public; and, unless the 122
184	184	circumstances attendant upon the emergency prevent or impede 123
185	185	such filing, the order or proclamation must be filed promptly 124
186	186	with the Department of State, the President of the Senate and 125
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188	188	HB 1623 2024
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195	195	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
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197	197
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199	199	the Speaker of the House of Representatives, and the offices of 126
200	200	the county commissioners in the counties to which the order or 127
201	201	proclamation applies. 128
202	202	(13) It is the intent of the Legislature that th e powers 129
203	203	granted in this section may not be used in any way that 130
204	204	infringes upon or limits any rights provided in Art. I of the 131
205	205	State Constitution. 132
206	206	Section 2. Paragraphs (b) through (g) of subsection (5) of 133
207	207	section 381.00315, Florida Statutes, are redes ignated as 134
208	208	paragraphs (a) through (f), respectively, paragraph (b) of 135
209	209	subsection (1), paragraphs (c) and (d) of subsection (2), and 136
210	210	present paragraph (a) of subsection (5) are amended, and 137
211	211	subsection (7) is added to that section, to read: 138
212	212	381.00315 Public health advisories; public health 139
213	213	emergencies; isolation and quarantines. —The State Health Officer 140
214	214	is responsible for declaring public health emergencies, issuing 141
215	215	public health advisories, and ordering isolation or quarantines. 142
216	216	(1) As used in this section, the term: 143
217	217	(b) "Public health advisory" means any warning or report 144
218	218	giving information to the public about a potential public health 145
219	219	threat. Before issuing any public health advisory, the State 146
220	220	Health Officer must consult with any state or local agency 147
221	221	regarding areas of responsibility which may be affected by such 148
222	222	advisory. Upon determining that issuing a public health advisory 149
223	223	is necessary to protect the public health and safety, and prior 150
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225	225	HB 1623 2024
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232	232	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
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236	236	to issuing the advisory, the State Health Officer must n otify 151
237	237	each county health department within the area which is affected 152
238	238	by the advisory of the State Health Officer's intent to issue 153
239	239	the advisory. The State Health Officer is authorized to take any 154
240	240	action appropriate to enforce any public health advisory. 155
241	241	(2) 156
242	242	(c) The State Health Officer, upon declaration of a public 157
243	243	health emergency, shall establish by order the method and 158
244	244	procedure for identifying and reporting cases and deaths 159
245	245	involving the infectious disease or other occurrence identified 160
246	246	as the basis for the declared public health emergency. The 161
247	247	method and procedure must be consistent with any standards 162
248	248	developed by the Federal Government specific to the declared 163
249	249	emergency or, if federal standards do not exist, must be 164
250	250	consistent with public health be st practices as identified by 165
251	251	the State Health Officer. During the pendency of a public health 166
252	252	emergency, the department is the sole entity responsible for the 167
253	253	collection and official reporting and publication of cases and 168
254	254	deaths. The State Health Officer, by order or emergency rule, 169
255	255	may ensure necessary assistance from licensed health care 170
256	256	providers in carrying out this function and may request the 171
257	257	assistance of district medical examiners in performing this 172
258	258	function. 173
259	259	(d) The State Health Officer, upon de claration of a public 174
260	260	health emergency, may take actions that are necessary to protect 175
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262	262	HB 1623 2024
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269	269	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
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273	273	the public health. Such actions include, but are not limited to: 176
274	274	1. Directing manufacturers of prescription drugs or over -177
275	275	the-counter drugs who are permitted under cha pter 499 and 178
276	276	wholesalers of prescription drugs located in this state who are 179
277	277	permitted under chapter 499 to give priority to the shipping of 180
278	278	specified drugs to pharmacies and health care providers within 181
279	279	geographic areas identified by the State Health Offi cer. The 182
280	280	State Health Officer must identify the drugs to be shipped. 183
281	281	Manufacturers and wholesalers located in the state must respond 184
282	282	to the State Health Officer's priority shipping directive before 185
283	283	shipping the specified drugs. 186
284	284	2. Notwithstanding chapter s 465 and 499 and rules adopted 187
285	285	thereunder, directing pharmacists employed by the department to 188
286	286	compound bulk prescription drugs and provide these bulk 189
287	287	prescription drugs to physicians and nurses of county health 190
288	288	departments or any qualified person authori zed by the State 191
289	289	Health Officer for administration to persons as part of a 192
290	290	prophylactic or treatment regimen. 193
291	291	3. Notwithstanding s. 456.036, temporarily reactivating 194
292	292	the inactive license of the following health care practitioners, 195
293	293	when such practitioners are needed to respond to the public 196
294	294	health emergency: physicians licensed under chapter 458 or 197
295	295	chapter 459; physician assistants licensed under chapter 458 or 198
296	296	chapter 459; licensed practical nurses, registered nurses, and 199
297	297	advanced practice registered nurs es licensed under part I of 200
298	298
299	299	HB 1623 2024
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306	306	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
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310	310	chapter 464; respiratory therapists licensed under part V of 201
311	311	chapter 468; and emergency medical technicians and paramedics 202
312	312	certified under part III of chapter 401. Only those health care 203
313	313	practitioners specified in this paragraph who possess an 204
314	314	unencumbered inactive license and who request that such license 205
315	315	be reactivated are eligible for reactivation. An inactive 206
316	316	license that is reactivated under this paragraph shall return to 207
317	317	inactive status when the public health emergency ends or before 208
318	318	the end of the public health emergency if the State Health 209
319	319	Officer determines that the health care practitioner is no 210
320	320	longer needed to provide services during the public health 211
321	321	emergency. Such licenses may only be reactivated for a period 212
322	322	not to exceed 90 days without meeting the requirements of s. 213
323	323	456.036 or chapter 401, as applicable. 214
324	324	4. Ordering an individual to be examined, tested, treated, 215
325	325	isolated, or quarantined for communicable diseases that have 216
326	326	significant morbidity or mortality and p resent a severe danger 217
327	327	to public health. Individuals who are unable or unwilling to be 218
328	328	examined, tested, or treated for reasons of health, religion, or 219
329	329	conscience may not be may be subjected to isolation or 220
330	330	quarantine without a due process hearing . 221
331	331	a. Examination, testing, or treatment may be performed by 222
332	332	any qualified person authorized by the State Health Officer. 223
333	333	b. If the individual poses a danger to the public health, 224
334	334	the State Health Officer may subject the individual to isolation 225
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336	336	HB 1623 2024
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343	343	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
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347	347	or quarantine. If there is no practical method to isolate or 226
348	348	quarantine the individual, the State Health Officer may use any 227
349	349	means necessary to treat the individual. 228
350	350	c. Any order of the State Health Officer given to 229
351	351	effectuate this paragraph is immediately enforceable by a law 230
352	352	enforcement officer under s. 381.0012. 231
353	353	(5) The department shall adopt rules to specify the 232
354	354	conditions and procedures for imposing and releasing an 233
355	355	isolation or a quarantine. The rules must include provisions 234
356	356	related to: 235
357	357	(a) The closure of premis es. 236
358	358	(7) It is the intent of the Legislature that the powers 237
359	359	granted in this section may not be used in any way that 238
360	360	infringes or limits any rights provided in Art. I of the State 239
361	361	Constitution. 240
362	362	Section 3. This act shall take effect July 1, 2024. 241