With the ever-present threat of hurricanes, Floridians often hear about states of emergency. In Florida, the governor has the authority to declare a state of emergency, which activates several emergency laws and regulations designed to protect the public and help with recovery efforts. While all of the laws help you indirectly, some of these laws affect you and your rights, and you probably don't know about them. So read on for some interesting information.
Declaration of Emergency
Under Florida Statutes Section 252.36, a “state of emergency” can be declared by the governor when an event, such as a hurricane, threatens the state. Such a declaration is typically issued when a disaster exceeds local resources and requires state or federal assistance. Once a state of emergency is declared, the governor gains expanded powers to manage and mitigate the disaster, which includes overriding certain laws, ordering evacuations, establishing emergency shelters, and mobilizing the National Guard. This declaration usually lasts for 60 days, but can be extended as needed. In life-threatening situations, the governor may issue mandatory evacuation orders. Refusing to comply with such orders can result in penalties. Travel may be restricted on certain highways, and specific entry and exit points to coastal areas may be shut down to prevent danger. County and city governments may establish curfews to prevent crime during a disaster. They also have the authority to order the closure of non-essential businesses, especially in areas prone to looting or dangerous weather conditions.
Emergency Shelters
Florida law mandates that certain public buildings, including schools and other public facilities, be available for use as emergency shelters. The Florida Department of Education, working in conjunction with emergency management agencies, identifies schools that can serve as hurricane shelters. These facilities are required to meet safety standards, including structural integrity to withstand hurricanes. Florida law also requires counties to provide pet-friendly shelters for residents evacuating with pets. This is outlined in Section 252.3568, ensuring that people aren't forced to leave their pets behind. Additionally, Florida law also requires that emergency shelters be accessible to individuals with disabilities and those with special needs. These shelters, often referred to as Special Needs Shelters (SpNS), must comply with the Americans with Disabilities Act (ADA) and provide the necessary support services. County emergency management agencies are required to maintain a registry of persons with special needs who may require assistance during evacuations.
Consumer Protections Laws During Emergency
One of the primary legal concerns during a declared emergency is price gouging. Florida’s price gouging law, under Florida Statutes Section 501.160, prohibits businesses from drastically increasing the price of essential goods like food, water, fuel, and lodging. This law comes into effect immediately after an emergency declaration and continues for the duration of the state of emergency. Consumers who encounter price gouging can report it to the Florida Attorney General's Office, which enforces these protections.
Employee Protections
Employers cannot terminate workers for evacuating or for taking emergency leave during a declared disaster. Additionally, certain job protection statutes provide employees with the right to return to their jobs once the crisis has passed.
Crime and Self-Defense
Florida law increases penalties for certain crimes committed during an emergency. Looting and burglary during a hurricane can result in enhanced penalties. Additionally, you may have additional rights to possession of firearms during a declared state of emergency. A special exception in Florida law allows individuals to carry a concealed weapon without a permit during mandatory evacuation orders. According to Florida Statute 790.01, if the Governor has declared a state of emergency, and a person is evacuating from the affected area, they are allowed to carry a concealed firearm without a CWP for 48 hours. This exemption can be extended if the Governor determines it necessary.
The complex web of laws in place during a declared emergency are designed to keep Floridians safe. Most of these laws trigger operations that run in the background and you won't notice. But some affect your rights and give you greater power or responsibility. Make sure you are prepared as hurricane season is upon us.
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