Florida Statute 252.34 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XVII
MILITARY AFFAIRS AND RELATED MATTERS

Chapter 252
EMERGENCY MANAGEMENT

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F.S. 252.34

252.34 Definitions.—As used in this part, the term:

(1) “Activate” means the execution and implementation of the necessary plans and activities required to mitigate, respond to, or recover from an emergency or disaster pursuant to this chapter and the state comprehensive emergency management plan.

(2) “Disaster” means 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. Disasters shall be identified by the severity of resulting damage, as follows:

(a) “Catastrophic disaster” means a disaster that will require massive state and federal assistance, including immediate military involvement.

(b) “Major disaster” means a disaster that will likely exceed local capabilities and require a broad range of state and federal assistance.

(c) “Minor disaster” means a disaster that is likely to be within the response capabilities of local government and to result in only a minimal need for state or federal assistance.

(3) “Division” means the Division of Emergency Management within the Executive Office of the Governor, or the successor to that division.

(4) “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.

(5) “Emergency management” means the preparation for, the mitigation of, the response to, and the recovery from emergencies and disasters. Specific emergency management responsibilities include, but are not limited to:

(a) Reduction of vulnerability of people and communities of this state to damage, injury, and loss of life and property resulting from natural, technological, or manmade emergencies or hostile military or paramilitary action.

(b) Preparation for prompt and efficient response and recovery to protect lives and property affected by emergencies.

(c) Response 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.

(d) Recovery from emergencies by providing for the rapid and orderly start of restoration and rehabilitation of persons and property affected by emergencies.

(e) Provision of an emergency management system embodying all aspects of preemergency preparedness and postemergency response, recovery, and mitigation.

(f) Assistance in 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.

(6) “Local emergency management agency” means an organization created in accordance with the provisions of ss. 252.31-252.90 to discharge the emergency management responsibilities and functions of a political subdivision.

(7) “Manmade emergency” means 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.

(8) “Natural emergency” means an emergency caused by a natural event, including, but not limited to, a hurricane, a storm, a flood, severe wave action, a drought, or an earthquake.

(9) “Personal protective equipment” means protective clothing or equipment designed to protect an individual person from injury or the spread of infection.

(10) “Political subdivision” means any county or municipality created pursuant to law.

(11) “Public health emergency” means any occurrence, or threat thereof, whether natural or manmade, which results or may result in substantial injury or harm to the public health from infectious disease, chemical agents, nuclear agents, biological toxins, or situations involving mass casualties or natural disasters, declared as a public health emergency as declared by the State Health Officer.

(12) “Technological emergency” means an emergency caused by a technological failure or accident, including, but not limited to, an explosion, transportation accident, radiological accident, or chemical or other hazardous material incident.

History.—s. 1, ch. 74-285; s. 19, ch. 81-169; s. 22, ch. 83-55; s. 16, ch. 83-334; s. 7, ch. 84-241; s. 10, ch. 93-211; s. 31, ch. 2001-61; s. 98, ch. 2011-142; s. 1, ch. 2016-198; s. 3, ch. 2021-8.

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F.S. 252.34 on Casetext

Amendments to 252.34

Arrestable Offenses / Crimes under Fla. Stat. 252.34

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 252.34.

Annotations, Discussions, Cases:

Cases Citing Statute 252.34

Total Results: 20

Showntail the Legend, LLC v. State of Florida Department of Business and Professional Regulation

Court: District Court of Appeal of Florida | Date Filed: 2020-09-14

Snippet: ‘natural emergency’ within the meaning of section 252.34(8) [Fla. Stat.]. Accordingly, we further conclude

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Court: Florida Attorney General Reports | Date Filed: 2008-05-09

Snippet: in responding to emergencies, as defined in s. 252.34(3), are exempt from s. 119.07(1) and s. 24(a),

Timoney v. MIAMI CIVIL. INVESTIGATIVE PANEL

Court: District Court of Appeal of Florida | Date Filed: 2005-08-17

Citation: 917 So. 2d 885, 2005 WL 1965918

Snippet: in responding to emergencies, as defined in s. 252.34(3), are exempt from the provisions of subsection

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Court: Florida Attorney General Reports | Date Filed: 2005-04-20

Snippet: disturbance or other emergency as defined in s. 252.34(3) ("any occurrence, or threat thereof, whether

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Court: Florida Attorney General Reports | Date Filed: 2004-11-23

Snippet: State,335 So.2d 815, 817 (Fla. 1976). 2 Section 252.34(8), Fla. Stat., defines "[p]olitical subdivision"

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Court: Florida Attorney General Reports | Date Filed: 2002-07-08

Snippet: disturbance or other emergency as defined in s. 252.34(3) [any occurrence, or threat thereof, whether

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Court: Florida Attorney General Reports | Date Filed: 1999-09-30

Snippet: disturbance or other emergency as defined in s. 252.34. (c) A combination of the agreements described

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Court: Florida Attorney General Reports | Date Filed: 1999-04-28

Snippet: civil disturbance or other emergency as defined in 252.34. (c) A combination of the agreements described

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Court: Florida Attorney General Reports | Date Filed: 1998-08-13

Snippet: civil disturbance or other emergency as defined in 252.34. (c) A combination of the agreements described

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Court: Florida Attorney General Reports | Date Filed: 1998-03-19

Snippet: the people of the state."7 Pursuant to section 252.34(4)(c), Florida Statutes, specific emergency management

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Court: Florida Attorney General Reports | Date Filed: 1997-07-17

Snippet: civil disturbance or other emergency as defined in 252.34. (c) A combination of the agreements described

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Court: Florida Attorney General Reports | Date Filed: 1996-01-11

Snippet: See, s. 250.06, Fla. Stat. (1995). See also, s. 252.34(3), Fla. Stat. (1995), defining "emergency" to

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Court: Florida Attorney General Reports | Date Filed: 1983-09-13

Snippet: and welfare of the community. . . . (e.s.) See, s 252.34(5), F.S. 1983, which defines `political subdivision

Dade Erection Serv. v. Sims Crane Serv.

Court: District Court of Appeal of Florida | Date Filed: 1980-01-30

Citation: 379 So. 2d 423

Snippet: construed. Drew Lumber Company v. Walter, 45 Fla. 252, 34 So. 244 (1903); Ludlum Enterprises, Inc. v. Outdoor

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Court: Florida Attorney General Reports | Date Filed: 1978-12-29

Snippet: The term `political subdivision' is defined in s. 252.34(2), F. S., as including `any county or municipality

Ludlum Enterprises, Inc. v. Outdoor Media, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1971-07-26

Citation: 250 So. 2d 649

Snippet: ' Drew Lumber Co. v. Walter, supra." [45 Fla. 252, 34 So. 244, 1903] Further, it is not true, as plaintiff

Pentecostal Holiness Church, Inc. v. Mauney

Court: District Court of Appeal of Florida | Date Filed: 1969-03-13

Citation: 220 So. 2d 25, 1969 Fla. App. LEXIS 5998

Snippet: concur. . Drew Lumber Co. v. Walter, 1903, 45 Fla. 252, 34 So. 244. . Largay Enterprises, Inc. v. Berman

State Ex Rel. Ayres v. Gray

Court: Supreme Court of Florida | Date Filed: 1953-12-11

Citation: 69 So. 2d 187, 1953 Fla. LEXIS 1817

Snippet: 286; State ex rel. Lamey v. Mitchell, 97 Mont. 252, 34 P.2d 369; State ex rel. Martin v. Heil, 242 Wis

Largay Enterprises Inc. v. Berman

Court: Supreme Court of Florida | Date Filed: 1952-10-17

Citation: 61 So. 2d 366, 1952 Fla. LEXIS 1770

Snippet: this court in Drew Lumber Co. v. Walter, 45 Fla. 252, 34 So. 244, 245, it is established in this jurisdiction

Golden Gate Development Co. v. Ritchie

Court: Supreme Court of Florida | Date Filed: 1939-09-26

Citation: 191 So. 202, 140 Fla. 103, 1939 Fla. LEXIS 1062

Snippet: the case of Drew Lumber Co. v. Walter, 45 Fla. 252, 34 So. 244; Milton Land Investment Co. v. Our Home