The Florida Senate BILL ANALYSIS AND FISCAL IMPACT STATEMENT (This document is based on the provisions contained in the legislation as of the latest date listed below.) Prepared By: The Professional Staff of the Committee on Rules BILL: CS/SB 1262 INTRODUCER: Military and Veterans Affairs, Space, and Domestic Security Committee and Senator Collins SUBJECT: Qualifications for County Emergency Management Directors DATE: February 23, 2024 ANALYST STAFF DIRECTOR REFERENCE ACTION 1. Ingram Proctor MS Fav/CS 2. Nortelus Betta AEG Favorable 3. Ingram Twogood RC Pre-meeting Please see Section IX. for Additional Information: COMMITTEE SUBSTITUTE - Substantial Changes I. Summary: CS/SB 1262 creates minimum education, experience, and training standards for all county emergency management directors (directors). The bill requires directors to have at least a bachelor’s degree and 6 years of verifiable experience in emergency services, emergency management, emergency planning, law enforcement, or firefighting services. At least 3 of those years must be supervisory experience in emergency management, response, or operations for a county, a municipality, the state, or the Federal Government. A master’s degree in certain fields may be substituted for 2 years of the required experience but not for the required supervisory experience. The bill also requires that the directors complete specific National Incident Management System (NIMS) courses, or equivalent courses established by the Federal Emergency Management Agency (FEMA). Alternatively, accreditation as a Certified Master Exercise Practitioner, a Certified Emergency Manager, or a Florida Professional Emergency Manager may be a substitute for the course requirements. A director must also have a valid driver license, and if the license is not a Florida driver license, he or she must obtain a Florida driver license within 30 days after being appointed. Current directors will have until June 30, 2026, to meet the new criteria. The bill has no fiscal impact. REVISED: BILL: CS/SB 1262 Page 2 The bill takes effect July 1, 2024. II. Present Situation: State Emergency Management Act Florida is vulnerable to a wide variety of emergencies, including natural, technological, and manufactured 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 5 responsibilities include: Reducing vulnerability of people and communities of this state to damage, injury, and loss of life and property resulting from natural, technological, or manmade emergencies 6 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 adequately the health, safety, and welfare of persons or property affected by the emergency. Recovery from emergencies by providing for the rapid and orderly start of restoration and rehabilitation of persons and property affected by emergencies. Providing of emergency management system embodying all aspects of preemergency preparedness and postemergency 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. 7 Florida Division of Emergency Management Overview The Florida Division of Emergency Management (FDEM) is created within the Executive Office of the Governor in accordance with s. 14.2016, F.S., 8 to implement the purposes of the Act. The 1 Section 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 Sections 252.311 and 252.32, F.S. 4 Sections 252.31-252.60, F.S. See s. 252.31, F.S. 5 Section 252.34(5), F.S., defines emergency management as preparation for, the mitigation of, the response to, and the recovery from emergencies and disasters. 6 Section 252.34(7), F.S., defines manmade emergency as an emergency caused by an action against persons or society, including, but not limited to, enemy attack, sabotage, terrorism, civil unrest, or other action impairing the orderly administration of government. 7 Section 252.34(5)(a)-(f), F.S. 8 Ch. 2011-142, s. 7, Laws of Fla. BILL: CS/SB 1262 Page 3 FDEM is the state’s liaison with federal agencies and other public and private agencies, and it administers programs to assist communities impacted by an emergency. 9 With a mission to coordinate, collaborate, and communicate with community stakeholders, the FDEM plans for and responds to both natural and manmade disasters, 10 including, but not limited to, floods, hurricanes, and incidents involving hazardous materials or nuclear power. 11 The duties of the FDEM include preparing and updating the state comprehensive emergency management plan (CEMP); 12 adopting standards and requirements for county emergency plans; 13 assisting political subdivisions with preparing and maintaining their emergency management plans; 14 and reviewing the political subdivision plans, ensuring consistency with the CEMP and the adopted standards and requirements. 15 Additional duties include, coordinating federal, state, 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. 16 The FDEM also conducts extensive exercises to test state and county emergency capabilities and provides emergency operations training for state and local governmental entities. 17 Additionally, after a disaster, the FDEM advises the Governor on whether to declare an emergency and seek federal relief funds. 18 The State Emergency Operations Center, maintained by the FDEM in Tallahassee, serves as the communications and command center for reporting emergencies and coordinating the state response activities. The State Warning Point, a state emergency communications center operated by the FDEM and staffed around the clock, maintains statewide communications with county emergency officials. 19 FDEM Core Programs 20 Preparedness Bureau administers a statewide emergency management all-hazards preparedness program to ensure the State Emergency Response Team 21 is prepared. o Facilitates prompt and efficient response and recovery. o Protects lives and property impacted by disasters. o Coordinates training courses for counties and first responders. 9 Section 14.2016(1), F.S. 10 Section 252.34(2), F.S., defines disaster as any natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result in a declaration of a state of emergency by a county, the Governor, or the President of the United States. The statute further delineates disasters by the severity of resulting damage as catastrophic, major, or minor. 11 Fla. Division of Emergency Management, About the Division, available at https://www.floridadisaster.org/dem/about-the- division/ (last visited February 8, 2024). 12 See section 252.35(2)(a), F.S. The state comprehensive emergency plan must be integrated into and coordinate with federal emergency management plans and programs. 13 Section 252.35(2)(b), F.S. 14 Section 252.35(2)(c), F.S. 15 Section 252.35(2)(d), F.S. 16 Section 252.35(2)(l), F.S. 17 Fla. Division of Emergency Management, supra note 11. 18 Pinellas Park Fire Department, Florida Division of Emergency Management, available at https://www.pinellas- park.com/236/Florida-Division-of-Emergency-Management (last visited February 8, 2024). 19 Fla. Division of Emergency Management, supra note 11. 20 Fla. Division of Emergency Management, Presentation, Overview of FDEM, p. 2 (Nov. 14, 2023) (on file with the Senate Committee on Military and Veterans Affairs, Space, and Domestic Security). 21 The FDEM website provides that the State Emergency Response Team is an inter-agency organization authorized by law for the purpose of responding to, recovering from, mitigating against, and preparing for disasters, available at, https://www.floridadisaster.org/sert/ (last visited on February 8, 2024). BILL: CS/SB 1262 Page 4 Response Bureau coordinates state operational response activities among partner organizations that are active during emergencies and disasters affecting the state. o Monitors incidents that may require state response. o Manages 24/7 State Watch Office. 22 o Oversees logistics vendor management and resource deployment. o Supports the State Emergency Response Commission through the Technological Hazards Unit. 23 Recovery Bureau works to maximize and accelerate federal disaster assistance to eligible public-sector partners and residents through various state and federal disaster assistance programs and administers recovery funding, such as public assistance. Mitigation Bureau assists communities in reducing the impacts of certain disasters and provides technical assistance to counties developing and implementing local mitigation strategies. o Administers federal mitigation grant programs, including the Hazard Mitigation Grant Program, Pre-Disaster Mitigation Program, and Flood Mitigation Assistance Program and the Building Resilient Infrastructure and Communities Program. o Administers the Hurricane Loss Mitigation Program, a state-funded mitigation program. Routinely updates the State Enhanced Hazard Mitigation Plan. 24 Division Director The FDEM director’s office provides management and oversight to the FDEM’s overall functions. 25 In accordance with section 14.2016(1), F.S., the FDEM director is appointed by and serves at the pleasure of the Governor and is the head of the FDEM for all purposes. 26 Background or credential requirements of the FDEM director are not prescribed in the statute nor under the Act. The current FDEM Executive Director has a master’s degree and is accredited as a certified Master Exercise Practitioner 27 by the FEMA. He also has over 30 years of experience in Public Safety and Emergency Management within the state, including supervisory experience in the same field. 28 22 Section 14.2016(2), F.S., provides that the State Watch Office is established within the FDEM and is a clearinghouse of information with a primary purpose to record, analyze, and share information with federal, state, and county entities for appropriate response to emergencies. 23 Fla. Division of Emergency Management, About the Division, Response, Technological Hazards, available at https://www.floridadisaster.org/dem/response/technological-hazards/ (last visited February 8, 2024). 24 Fla. Division of Emergency Management, About the Division, Mitigation, available at https://www.floridadisaster.org/dem/mitigation/ (last visited February 8, 2024). 25 Fla. Division of Emergency Management, Office of the Director, available at https://www.floridadisaster.org/dem/directors-office/ (last visited February 8, 2024). 26 Section 14.2016(1), F.S. 27 The Master Exercise Practitioner Program is a professional level 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 U.S. Dep’t of Homeland Security, FEMA-EMI, Master Exercise Practitioner Program, available at https://training.fema.gov/programs/nsec/mepp/ (last visited February 8, 2024). 28 Fla. Division of Emergency Management, Director’s Office-Meet the Director, Kevin Guthrie, available at https://www.floridadisaster.org/dem/directors-office/FDEMdirector/ (last visited February 8, 2024). BILL: CS/SB 1262 Page 5 Within the office of the director, the media office handles internal and external affairs; the Florida National Guard Liaison 29 is the primary point of contact for inquiries and coordination between the military and the FDEM; and regional coordinators 30 live and work across the state and are first in line to support to their respective area regions on all emergency management matters including local plan development, preparedness, training and exercise, recovery, and mitigation information. 31 Emergency Management-Counties and Municipalities 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. 32 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 and program consistent with the CEMP and program. 33 Municipalities are encouraged to create their own emergency management plans but must coordinate with the county emergency management agency. 34 County emergency management agencies must each have a director appointed by either their respective board of county commissioners or county chief administrative officer and serving at the pleasure of the appointing authority. The county emergency management director may be a county constitutional officer 35 or an employee of such an officer. Responsible for the organization, administration, and operation of the county emergency management agency, the director must coordinate the emergency activities, services, and programs of the agency throughout the county and serve as the county liaison to FDEM and other local emergency management entities. 36 In accordance with s. 252.38(1), F.S., the only qualifications a county director must meet are the minimum training and education standards in the job description approved by the county. 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: 29 Fla. Division of Emergency Management, Director’s Office, Military Liaison, available at https://www.floridadisaster.org/dem/directors-office/military-liaison/ (last visited February 8, 2024). 30 Fla. Division of Emergency Management, Director’s Office, Regional Preparedness and Response Coordinators-Regional Emergency Management Coordination Team, available at https://www.floridadisaster.org/dem/directors-office/regions/ (last visited February 8, 2024). 31 Fla. Division of Emergency Management, supra note 25. 32 Section 252.311(3), F.S. 33 Section 252.38(1)(a), F.S. 34 Section 252.38(2), F.S. 35 FLA. CONST. art. VIII, s. 1(d) requires the election of the following county officers: sheriff, tax collector, property appraiser, supervisor of elections, and clerk of the circuit courts. 36 Section 252.38(1)(b), F.S. BILL: CS/SB 1262 Page 6 County Minimum Required Education Required Experience Required Licenses/ Certifications Broward 37 Bachelor’s degree in required subject 38 6 years in emergency planning and management, including 4 years of high level supervisory and administrative experience or closely related experience Valid Florida Class E Driver License; Florida Professional Manager (FPEM) or Certified Emergency Manager (CEM) Escambia 39 Graduation from 2-year college or university Bachelor’s degree may be substituted for 2 years of professional experience 5 years professional experience in emergency management, emergency incident command & control, and familiarity with disaster relief Valid driver license from state of residence; NIMS certifications IS700, IS800, IS100, IS200, ICS300, and ICS400 Leon County 40 Bachelor’s degree in required subject 41 5 years related work experience; 2 years of which must have been in a supervisory capacity; or equivalent combination of training and experience Valid Florida Driver license. Sarasota 42 Bachelor’s degree in required subject 43 Master’s degree 44 may be substituted for 2 years of required experience 6 years related experience At least 4 years supervisory experience in emergency management or operations of a city or county *progressively responsible professional experience may be substituted on a year for year basis for the college degree Valid Florida driver license Certified Emergency Manager (CEM) or Florida Professional Emergency Manager (FPEM) or ability to obtain within one-year Volusia 45 Bachelor’s degree in required subject 46 5 years progressively responsible work in emergency management Valid driver license; must obtain a valid Florida driver license within 30 days of appointment and maintain thereafter 37 Broward County, Human Resources Division, Classification Pay Grades, EA044 Director of Emergency Management, available at https://www.broward.org/HumanResources/Pages/CombinedPayPlan.aspx (last visited February 8, 2024). 38 Public safety, emergency management, public or business administration or closely related field. Id. 39 Escambia County, BCC Job Descriptions, Emergency Management Division Director, available at https://myescambia.com/our-services/human-resources/employment/job-descriptions (last visited February 8, 2024). 40 Leon County, Class Specifications, Director-Emergency Management, available at https://www.governmentjobs.com/careers/leoncountyfl/classspecs?keywords=Emergency%20management (last visited February 8, 2024). 41 Emergency Management, Business or Public Administration, or a related field. Id. 42 Sarasota County Gov’t, Job Posting August 10, 2023, Emergency Management Chief (Manager III) – R16608, available at https://sgrjobs.com/SGR/position.php?JobID=453641 (last visited February 8, 2024). 43 Public administration, management, business science, or technical field. Id. 44 Sarasota County Gov’t, supra note 39. See also, Sarasota County Gov’t Classification provides that a master’s degree may be substituted for 1 year of required experience for an Emergency Management Chief - Manager IV Classification. (Dec. 4, 2023) available at https://www.scgov.net/home/showpublisheddocument/62861/638374535070700000 (last visited February 8, 2024). 45 Volusia County, Current Job Openings, Class Specifications, Emergency Management Director-3166, available at https://www.governmentjobs.com/careers/volusiaco/classspecs?page=13 (last visited February 8, 2024). 46 Business, public administration, emergency management, homeland security, or related field. Id. BILL: CS/SB 1262 Page 7 Emergency Manager Qualifications The Emergency Management Institute (EMI) run by the FEMA is the primary center for the development and delivery of emergency management training nationally, emphasizing programs such as the NIMS. 47 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. 48 The National Qualification System (NQS) within NIMS establishes guidance and tools to assist participants in developing processes for qualifying, certifying, and credentialing deployable emergency personnel. 49 The pinnacle program offered by the FEMA’s EMI is the Master Exercise Practitioner Program. 50 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). 51 NIMS maintains a core training curriculum including the following courses, all of which are available online as interactive web-based instruction: 52 IS-100.C: Introduction to the Incident Command System, ICS 100. The 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 all of the following: o Explaining the principles and basic structure of the ICS. o Describing the NIMS management characteristics that are the foundation of the ICS. o Describing the ICS functional areas and the roles of the Incident Commander and Command Staff. o Describing the General Staff roles within ICS. o Identifying how NIMS management characteristics apply to ICS for a variety of roles and discipline areas. IS-200.C: ICS for Single Resources and Initial Action Incidents/Basic Incident Command System for Initial Response, ICS-200. The course reviews the ICS, provides the context for ICS within initial response, supports higher level ICS training, and provides training on, and resources for, personnel who are likely to assume a supervisory position within ICS. Course objectives include all of the following: 47 Nat’l Association of Counties, Managing Disasters at the County Level, A National Survey (March 2019) p. 4, available at https://www.naco.org/sites/default/files/documents/Emergency%20Management%20in%20County%20Government_03.25.1 9.pdf (last visited February 8, 2024). 48 Id. See also, U.S. Dep’t of Homeland Security, FEMA, National Incident Management System, available at https://www.fema.gov/emergency-managers/nims (last visited February 8, 2024). 49 U.S. Dep’t of Homeland Security, FEMA, National Incident Management System Guideline for the National Qualification System (Nov. 2017), p. 1, available at https://www.fema.gov/sites/default/files/2020-05/fema_nims_nqs_guideline_0.pdf (last visited February 8, 2024). 50 U.S. Dep’t of Homeland Security, supra note 27. 51 International Association of Emergency Managers, Certification Intro, available at https://www.iaem.org/certification/intro (last visited February 8, 2024). 52 U.S. Dep’t of Homeland Security, FEMA-Emergency Management Institute, ICS and NIMS Courses, available at https://training.fema.gov/nims/ (last visited February 8, 2024). BILL: CS/SB 1262 Page 8 o Describing how the NIMS Management Characteristics relate to Incident Command and Unified Command. o Describing the delegation of authority process, implementing authorities, management by objectives, and preparedness plans and objectives. o Identifying ICS organizational components, the Command Staff, the General Staff, and ICS tools. o Describing different types of briefings and meetings. o Explaining flexibility within the standard ICS organizational structure. o Explaining the transfer of command briefings and procedures. o Using ICS to manage an incident or event. IS-700.B: An Introduction to the National Incident Management System, IS-700. The course provides an overview of the concepts, principles and components which make the NIMS the comprehensive approach guiding the whole community - all levels of government, nongovernmental organizations, and the private sector - to work together seamlessly to prevent, protect against, mitigate, respond to, and recover from the effects of incidents. Course objectives include all of the following: o Describing and identifying the key concepts, principles, scope, and applicability underlying NIMS. o Describing activities and methods for managing resources. o Describing the NIMS Management Characteristics. o Identifying and describe ICS organizational structures. o Explaining Emergency Operations Center (EOC) functions, common models for staff organization, and activation levels. o Explaining the interconnectivity within the NIMS Management and Coordination structures: ICS, EOC, Joint Information System, and Multiagency Coordination Groups. o Identifying and describing the characteristics of communications and information systems, effective communication, incident information, and communication standards and formats. IS-703.B: National Incident Management System Resource Management, IS-703.The 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 all of the following: o Defining the four resource management tasks in preparation for incident response. o Identify the six primary tasks of resource management during an incident. o Describing the use of mutual aid in incidents. IS-800.D: National Response Framework, An Introduction, IS-800. The course provides guidance for the whole community, focusing particularly on those who are involved in delivering and applying the response core capabilities. Course objectives include all of the following: o Describing the purpose, scope, organization, and underlying doctrine of the National Response Framework. o Describing the roles and responsibilities of response partners. o Describing core capabilities for response and actions required to deliver those capabilities. o Describing coordinating structures and operational planning used to support emergency response. BILL: CS/SB 1262 Page 9 o Describing how the stabilization of the seven Community Lifelines reduces threats to public health and safety, or economic security. 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. 53 FEPA certifies as Florida Professional Emergency Managers those experienced emergency managers who have advanced and diverse “knowledge, skills, and abilities to perform effectively” in a comprehensive emergency management program. 54 III. Effect of Proposed Changes: CS/SB 1262 amends s. 252.38, F.S., to establish the following minimum qualifications for all county emergency management directors: A bachelor’s degree. Six years of verifiable experience in emergency services, emergency management, emergency planning, law enforcement, or firefighting services. Three of these years must be supervisory experience in emergency management, response, or operations for a county, a municipality, the state, or the Federal Government. A master’s degree in one or more of the following fields may be substituted for 2 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. Valid accreditation as a Certified Master Exercise Practitioner by the FEMA; Certified Emergency Manager; or Florida Professional Emergency Manager or completion of all of the following NIMS courses, or their equivalent courses established by the FEMA: o ICS-100: Introduction to the Incident Command System. o ICS-200: ICS for Single Resources and Initial Action Incidents. o IS-700.b: National Incident Management System, An Introduction. o IS-703.b: NIMS Resource Management. o IS-800.d: National Response Framework, An Introduction. A valid driver license. If the license is not a Florida driver license, the director must obtain a Florida driver license within 30 days after being appointed. In an undesignated section of Florida law, the bill also authorizes a director who does not meet the newly established training or certification criteria on July 1, 2024, to have until June 30, 2026, to satisfy those requirements. The bill takes effect July 1, 2024. 53 Florida Emergency Preparedness Association, About FEPA, available at https://www.fepa.org/about-us (last visited February 8, 2024). 54 Florida Emergency Preparedness Association, FEPA Certification Program, available at https://www.fepa.org/certification (last visited February 8, 2024). BILL: CS/SB 1262 Page 10 IV. Constitutional Issues: A. Municipality/County Mandates Restrictions: Not applicable. The bill does not require counties and municipalities to spend funds or take action requiring the expenditures of funds; reduce the counties’ or municipalities’ ability to raise revenues; or reduce the percentage of state tax shared with counties or municipalities. B. Public Records/Open Meetings Issues: None. C. Trust Funds Restrictions: None. D. State Tax or Fee Increases: None. E. Other Constitutional Issues: None identified. V. Fiscal Impact Statement: A. Tax/Fee Issues: None. B. Private Sector Impact: 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 NIMS offered by the EMI. C. Government Sector Impact: None. VI. Technical Deficiencies: None. VII. Related Issues: None. BILL: CS/SB 1262 Page 11 VIII. Statutes Affected: This bill substantially amends section 252.38 of the Florida Statutes. IX. Additional Information: A. Committee Substitute – Statement of Substantial Changes: (Summarizing differences between the Committee Substitute and the prior version of the bill.) CS by Military and Veterans Affairs, Space, and Domestic Security on January 29, 2024: The committee substitute: Establishes minimum education, experience, and training standards for county emergency management directors and requires the directors to have a valid Florida driver license within 30 days after being appointed. Removes the requirement of the FDEM director to meet minimum training and education qualifications established by FDEM rule. B. Amendments: None. This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.