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252.38 Emergency management powers of political subdivisions, --Safeguarding the life and
property of its citizens is an innate responsibility of the governing body of each political subdivision
of the state.
,(1) COUNTIES4--
(a) In order to provide effective and orderly governmental control and coordination of emergency
operations in emergencies within the scope of ss. 252.31-252.90, each county within this state shall
be within the jurisdiction of, and served by, the division. Except as otherwise provided in ss.
252.31-252.90, each local emergency management agency shall have jurisdiction over and serve an
entire county. Unless part of an interjurisdictional emergency management agreement entered into
pursuant to paragraph (3)(b) which is recognized by the Governor by executive order or rule, each
county must establish and maintain such an emergency management agency and shall develop a
county emergency management plan and program that is coordinated and consistent with the state
comprehensive emergency management plan and program. Counties that are part of an
interjurisdictional emergency management agreement entered into pursuant to paragraph (3)(b)
which is recognized by the Governor by executive order or rule shall cooperatively develop an
emergency management plan and program that is coordinated and consistent with the state
comprehensive emergency management plan and program.
(b) Each county emergency management agency created and established pursuant to ss. 252.31-
252.90 shall have a director. The director must meet the minimum training and education
qualifications established in a job description approved by the county. The director shall be
appointed by the board of county commissioners or the chief administrative officer of the county,
as described in chapter 125 or the county charter, if applicable, to serve at the pleasure of the
appointing authority, in conformance with applicable resolutions, ordinances, and laws. A county
constitutional officer, or an employee of a county constitutional officer, may be appointed as
director following prior notification to the division. Each board of county commissioners shall
promptly inform the division of the appointment of the director and other personnel. Each director
has direct responsibility for the organization, administration, and operation of the county
emergency management agency. The director shall coordinate emergency management activities,
services, and programs within the county and shall serve as liaison to the division and other local
emergency management agencies and organizations.
(c) Each county emergency management agency shall perform emergency management functions
within the territorial limits of the county within which it is organized and, in addition, shall
conduct such activities outside its territorial limits as are required pursuant to ss. 252.31-252.90
and in accordance with state and county emergency management plans and mutual aid
agreements. Counties shall serve as liaison for and coordinator of municipalities' requests for state
and federal assistance during postdisaster emergency operations.
(d) During a declared state or local emergency and upon the request of the director of a local
emergency management agency, the district school board or school boards in the affected area
shall participate in emergency management by providing facilities and necessary personnel to staff
such facilities. Each school board providing transportation assistance in an emergency evacuation
shall coordinate the use of its vehicles and personnel with the local emergency management
agency.
(e) County emergency management agencies may charge and collect fees for the review of
emergency management plans on behalf of external agencies and institutions. Fees must be
reasonable and may not exceed the cost of providing a review of emergency management plans in
accordance with fee schedules established by the division.
i2) MUNICIPALITIES. --Legally constituted municipalities are authorized and encouraged to create
municipal emergency management programs. Municipal emergency management programs shall
coordinate their activities with those of the county emergency management agency. Municipalities
without emergency management programs shall be served by their respective county agencies. If a
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municipality elects to establish an emergency management program, it must comply with all laws,
rules, and requirements applicable to county emergency management agencies. Each municipal
emergency management plan must be consistent with and subject to the applicable county
emergency management plan. In addition, each municipality must coordinate requests for state or
federal emergency response assistance with its county. This requirement does not apply to
requests for reimbursement under federal public disaster assistance programs.
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