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/CS/SB 1262
INTRODUCER: Rules Committee; Military and Veterans Affairs, Space, and Domestic Security
Committee; and Senator Collins
SUBJECT: Qualifications for County Emergency Management Directors
DATE: February 27, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Ingram Proctor MS Fav/CS
2. Nortelus Betta AEG Favorable
3. Ingram Twogood RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 1262 creates minimum education, experience, and training standards for all county
emergency management directors (directors) which include:
Fifty hours of training in business or public administration, business or public management,
or emergency management or preparedness or a bachelor’s degree.
Four years of specified experience in comprehensive emergency management services with
direct supervisory responsibility for responding to at least one emergency or disaster. The bill
provides that a master’s degree in certain fields may be substituted for 2 years of the required
experience but not for the required supervisory experience, or alternatively, certain
professional accreditation may substitute for the required experience as long as the
certification remains in good standing until the experience requirements are met.
One hundred fifty hours in comprehensive emergency management training provided through
or approved by the Federal Emergency Agency (FEMA) or its successor, including
completion of certain National Incident Management System (NIMS) courses, or equivalent
FEMA courses through the Emergency Management Institute (EMI).
The bill also requires that 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 takes effect July 1, 2024.
REVISED: BILL: CS/CS/SB 1262 Page 2
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
FDEM is the state’s liaison with federal agencies and other public and private agencies, and it
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/CS/SB 1262 Page 3
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/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
FDEM Office of the 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
Within the office of the director, the media office handles internal and external affairs; the
Florida National Guard Liaison
27
is the primary point of contact for inquiries and coordination
between the military and the FDEM; and regional coordinators
28
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.
29
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
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).
28
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).
29
Fla. Division of Emergency Management, supra note 25. BILL: CS/CS/SB 1262 Page 5
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.
30
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.
31
Municipalities are encouraged to create their own emergency management plans but must
coordinate with the county emergency management agency.
32
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
33
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.
34
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 directors, counties vary in the qualifications
required for the position as shown by the following table:
County
Minimum Required
Education
Required Experience
Required Licenses/
Certifications
Broward
35
Bachelor’s degree in
required subject
36
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
37
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
30
Section 252.311(3), F.S.
31
Section 252.38(1)(a), F.S.
32
Section 252.38(2), F.S.
33
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.
34
Section 252.38(1)(b), F.S.
35
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).
36
Public safety, emergency management, public or business administration or closely related field. Id.
37
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). BILL: CS/CS/SB 1262 Page 6
County
Minimum Required
Education
Required Experience
Required Licenses/
Certifications
Leon County
38
Bachelor’s degree in
required subject
39
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
40
Bachelor’s degree in
required subject
41
Master’s degree
42
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
43
Bachelor’s degree in
required subject
44
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
Emergency Manager Qualifications
The 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.
45
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.
46
The National Qualification
System (NQS) within NIMS establishes guidance and tools to assist participants in developing
38
Leon County, Class Specifications, Director-Emergency Management, available at
https://www.governmentjobs.com/careers/leoncountyfl/classspecs?keywords=Emergency%20management (last visited
February 8, 2024).
39
Emergency Management, Business or Public Administration, or a related field. Id.
40
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).
41
Public administration, management, business science, or technical field. Id.
42
Sarasota County Gov’t, supra note 40. 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).
43
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).
44
Business, public administration, emergency management, homeland security, or related field. Id.
45
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).
46
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). BILL: CS/CS/SB 1262 Page 7
processes for qualifying, certifying, and credentialing deployable emergency personnel.
47
The
pinnacle program offered by the FEMA’s EMI is the Master Exercise Practitioner Program.
48
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).
49
NIMS maintains a core training curriculum including the following courses, all of which are
available online as interactive web-based instruction:
50
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.
IS-200.C: 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.
ICS-300: Intermediate Incident Command System for Expanding Incidents, ICS 300. This
course provides training for personnel who require advanced application of the ICS and
expands upon information covered in the ICS 100 and ICS 200 courses.
51
ICS-400: Advanced Incident Command System for Complex Incidents, ICS 400. This course
provides training for personnel who require advanced application of the ICS and expands
upon information covered in ICS 100 through ICS 300 courses. The target audience for this
course are senior personnel who are expected to perform in a management capacity.
52
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.
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.
47
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).
48
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).
49
International Association of Emergency Managers, Certification Intro, available at https://www.iaem.org/certification/intro
(last visited February 8, 2024).
50
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 26, 2024).
51
U.S. Dep’t of Homeland Security, FEMA, Emergency Management Institute, National Training and Education Division,
Nat’l Preparedness Course Catalog-E0300, available at https://www.firstrespondertraining.gov/frts/npccatalog?catalog=EMI
(last visited February 26, 2024).
52
U.S. Dep’t of Homeland Security, FEMA, Emergency Management Institute, National Training and Education Division,
Nat’l Preparedness Course Catalog-E0400, available at https://www.firstrespondertraining.gov/frts/npccatalog?catalog=EMI
(last visited February 26, 2024). BILL: CS/CS/SB 1262 Page 8
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 issues a Florida Professional Emergency Manager certificate to
emergency managers who demonstrate advanced and diverse “knowledge, skills, and abilities to
perform effectively” in a comprehensive emergency management program.
54
III. Effect of Proposed Changes:
CS/CS/SB 1262 amends s. 252.38, F.S., to establish the following minimum qualifications for all
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
requirement.
Four years of verifiable experience in comprehensive emergency management services,
emergency management, which includes improving preparedness for emergency and disaster
protection, prevention, mitigation, response, and recovery, with direct supervisory
responsibility for responding to at least one emergency or disaster.
o A master’s degree in one or more of the following fields may be substituted for 2
of the 4 years of 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.
o Valid accreditation as a Certified Master Exercise Practitioner by the FEMA; as a
Certified Emergency Manager by the IAEM; or as a Florida Professional
Emergency Manager by the FEPA may be substituted for the 4 years of required
experience, including the direct supervisory responsibility. If a certification is
used as a substitution for the required experience, the certification must be
maintained in good standing at all times until the actual time and experience
requirements are satisfied by the appointed director.
To be completed within 10 years preceding the date the director is appointed or reappointed,
150 hours in comprehensive emergency management training provided through or approved
by the FEMA, including 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: Basic Incident Command System for Initial Response.
o ICS-300: Intermediate ICS for Expanding Incidents.
o ICS-400: Advanced ICS for Command and General Staff.
o IS-700: National Incident Management System, An Introduction.
o IS-800: 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.
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/CS/SB 1262 Page 9
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.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Not applicable. The bill does not appear to 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 minimum
training and completion of specific courses pertaining to the NIMS offered by the EMI.
C. Government Sector Impact:
None. BILL: CS/CS/SB 1262 Page 10
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
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/CS by Rules on February 26, 2024:
The committee substitute:
Removes the requirement that a county emergency management director must have a
bachelor’s degree.
Requires the completion of 50 hours of training in specified areas. A bachelor’s
degree may be substituted for the required training.
Revises the required verifiable experience in comprehensive emergency and disaster
protection, prevention, mitigation, response, and recovery, from six years to four
years, and removes the required 3-year direct supervisory experience and replaces it
with direct supervisory responsibility for at least one emergency or disaster. Specifies
that a master’s degree in certain areas may be substituted for 2 years of required
experience but not for the required supervisory experience, or alternatively, certain
professional accreditation may be substituted for the required experience as long as
the certification remains in good standing until the experience requirements are met.
Requires completion of 150 hours in comprehensive emergency management training
provided or approved by FEMA. This training must be completed no earlier than 10
years preceding the date of appointment, regardless of whether it is an initial
appointment or reappointment.
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. BILL: CS/CS/SB 1262 Page 11
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.