Florida Statutes 252.46 – Orders and rules
Current as of: 2024 | Check for updates
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Terms Used In Florida Statutes 252.46
- Division: means the Division of Emergency Management within the Executive Office of the Governor, or the successor to that division. See Florida Statutes 252.34
- Emergency: means 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. See Florida Statutes 252.34
- Emergency management: means the preparation for, the mitigation of, the response to, and the recovery from emergencies and disasters. See Florida Statutes 252.34
- Political subdivision: means any county or municipality created pursuant to law. See Florida Statutes 252.34
(1) In accordance with the provisions of chapter 120, the political subdivisions of the state and other agencies designated or appointed by the Governor or in the state comprehensive emergency management plan are authorized and empowered to make, amend, and rescind such orders and rules as are necessary for emergency management purposes and to supplement the carrying out of the provisions of ss. 252.31–252.90, but which are not inconsistent with any orders or rules adopted by the division or by any state agency exercising a power delegated to it by the Governor or the division.
(2) All orders and rules adopted by the division or any political subdivision or other agency authorized by ss. 252.31–252.90 to make orders and rules have full force and effect of law after adoption in accordance with chapter 120 in the event of issuance by the division or any state agency or, if adopted by a political subdivision of the state or agency thereof, when filed in the office of the clerk or recorder of the political subdivision or agency adopting the same. Failure of a political subdivision to file any such order or rule with the office of the clerk or recorder within 3 days after issuance voids the order or rule. All existing laws, ordinances, and rules inconsistent with ss. 252.31–252.90, or any order or rule issued under the authority of ss. 252.31–252.90, must be suspended during the period of time and to the extent that such conflict exists.
(3) Emergency ordinances, declarations, and orders adopted by a political subdivision under the authority of ss. 252.31–252.90, including those enacted by a municipality pursuant to s. 166.041(3)(b), must be available on a dedicated web page accessible through a conspicuous link on the political subdivision’s homepage. The dedicated web page must identify the emergency ordinances, declarations, and orders currently in effect. Each political subdivision adopting emergency ordinances, declarations, or orders must provide the division with the link to the political subdivision’s dedicated web page. The division must include these links in an easily identifiable format on its website.
(4) An order issued by a political subdivision pursuant to this section which imposes a curfew restricting the travel or movement of persons during designated times must nonetheless allow persons to travel during the curfew to their places of employment to report for work and to return to their residences after their work has concluded.
(5) In order to attain uniformity so far as practicable throughout the country in measures taken to aid emergency management, all action taken under ss. 252.31–252.90 and all orders and rules made pursuant to such sections shall be taken or made with due consideration of the orders, rules, actions, recommendations, and requests of federal authorities relevant thereto and, to the extent permitted by law, shall be consistent with such orders, rules, actions, recommendations, and requests.