BILL SUMMARY DETAILS

Florida League of Cities

Local Government Emergency Orders (Oppose – Preemption)

HB 7047 (House Pandemics & Public Emergencies Committee) amends the State Emergency Management Act to better address the threat posed by pandemics or other public health emergencies. The bill includes language stating that it is in the intent of the Legislature to minimize the negative effects of extended emergencies. It is also the intent that all aspects of emergency preparedness, response and recovery be transparent to the public to the greatest extent possible. The bill clarifies that the Act applies to public health emergencies and requires related planning and preparation for such emergencies; provides for greater transparency related to emergency orders, delegated emergency powers and emergency spending; and restricts certain local government emergency orders that “restrict individual liberties.” 

The bill tracks language from CS/HB 945 by defining the term “significant emergency order” as an order or ordinance issued or enacted by a political subdivision in response to an emergency pursuant to the Act or chapter 381, Florida Statutes (relating to 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; not be subject to unreasonable search and seizure; or purchase, keep or bear a lawful firearm or ammunition. A significant emergency order issued by a local government must be narrowly tailored and limited in duration, applicability and scope to reduce any infringement on individual liberty to the greatest extent possible. In addition, the order must contain specific reasons in support of the existence of such a purpose. The bill provides that a significant emergency order automatically expires seven days after issuance and may be extended, as necessary, in seven-day increments but only for a total duration of 42 days. If a significant emergency order expires, the local government cannot issue a “substantially similar” order.

HB 7047 also requires a state agency or political subdivision that accepts assistance in aid for the purpose of emergency prevention, management, mitigation, preparedness, response or recovery must submit to the Legislature, in advance, a detailed spending plan for the money. When this pre-submission of the agency’s plan is not possible, a state agency or political subdivision must nonetheless submit the plan no later than 30 days after the initiation of any expenditures and for each additional 30 days of the emergency as long as funds continue to be disbursed. (Dudley)