{"id":"DUT-FL-004","kind":"duty","level":"state","jurisdiction":"Florida","state":"FL","metro":"","industry":"","agency":"","eco":"","issuer":"Florida Legislature (codified statute); exercised by counties and municipalities","authority":"Fla. Const. art. III; Fla. Stat. ch. 252, pt. I (State Emergency Management Act)","instrument":"Statute: Fla. Stat. § 252.38 (2020)","title":"Emergency management powers of political subdivisions","dateIssued":"2021-07-01","effective":"In force throughout 2020 Q2 through 2021 Q3 (subsection (4), limiting local emergency orders to seven-day terms, 42 days in total and gubernatorial invalidation, from July 1, 2021)","end":"standing","startDate":"2021-07-01","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["EMER","DUTY","OTHER"],"addressees":["political subdivisions (power); persons and businesses within them (bound by the resulting orders under ss. 252.46(2), 252.47 and 252.50)"],"clause":"In carrying out the provisions of ss. 252.31-252.90, each political subdivision shall have the power and authority: 1. To appropriate and expend funds; make contracts; obtain and distribute equipment, materials, and supplies for emergency management purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any emergency...","enforcement":"Violation of a local emergency order made under this section is a second-degree misdemeanor under s. 252.50; EO 20-244 § 4 (Ex. FL-047) suspended collection of COVID-19 fines and penalties \u0027enforced upon individuals\u0027 from Sept. 25, 2020, leaving enforcement against businesses in place","functions":[],"notes":"Counties and municipalities were empowered to declare local emergencies in seven-day increments and to \u0027provide for the health and safety of persons and property\u0027; the county and municipal COVID-19 orders that were Florida\u0027s operative business layer from Sept. 25, 2020 to May 3, 2021 (Exs. FL-047, FL-060; Metros MIA, TPA, ORL, JAX) rested on this section and carried the force of law and the misdemeanor penalty of ss. 252.46(2) and 252.50. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).","sourceUrl":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute\u0026StatuteYear=2020\u0026URL=0200-0299/0252/Sections/0252.38.html","snapshot":"","fileExists":true,"fileBytes":122597,"grade":"primary","character":"statutory_authority","description":"","collection":"DUT-FL","url":"/library/DUT-FL-004","exhibitUrl":"/exhibit/DUT-FL-004","citation":"Florida Legislature (codified statute); exercised by counties and municipalities, Statute: Fla. Stat. § 252.38 (2020) (standing) (Ex. DUT-FL-004)","stateName":"Florida","related":["FL-047","FL-060","FL-018","FL-030"]}