CS/SB 1924 (Diaz) establishes that if a political subdivision issues a “significant emergency order” that deprives any person of a constitutional right, fundamental liberty, statutory right or property to address a purported emergency, the political subdivision bears the burden of proving that the exercise of police power is narrowly tailored, serves a compelling governmental interest and accomplishes the intended goal through the use of the least intrusive means. The bill also provides that the governor, or Legislature by concurrent resolution, may invalidate a political subdivision's emergency action if the governor or Legislature determines that the action unnecessarily restricts a constitutional right, fundamental liberty or statutory right. Lastly, the bill provides that an emergency order issued by a political subdivision will automatically expire 10 days after its issuance unless extended by a majority vote of the political subdivision's governing body. Upon expiration of the significant emergency order, a local government is prohibited from issuing a “substantially” similar order to respond to the same emergency. The bill would take effect July 1, 2021.

CS/HB 945 (Rommel) is similar to CS/SB 1924. The bill deals with local government emergency orders. The bill defines the term “significant emergency order” as an order or ordinance issued by a political subdivision in response to an emergency pursuant to the Emergency Management Act or certain public health emergencies that applies to all residents within the political subdivision and limits the right of a resident to exercise religious freedom, including the right to attend a religious service; speak freely or assemble; work, be rewarded for industry or enter into a contract; travel; acquire, possess or protect real or personal property; purchase, keep or bear a lawful firearm or ammunition; and not be subject to unreasonable search and seizure. The bill provides that an exception may be made for first responders, health care practitioners and employees of a public utility company. CS/HB 945 requires a significant emergency order issued by a political subdivision to be narrowly tailored and limited in scope and for a duration of no longer than seven days unless the order is extended. The bill provides that a significant emergency order automatically expires seven days after issuance and may be extended in seven-day increments for a total duration of 42 days. Upon expiration of the significant emergency order, a local government is prohibited from issuing a “substantially” similar order to respond to the same emergency. (Dudley)