Florida Senate - 2026                                     SB 700
       
       
        
       By Senator Smith
       
       
       
       
       
       17-00192-26                                            2026700__
    1                        A bill to be entitled                      
    2         An act relating to states of emergency; amending s.
    3         252.36, F.S.; providing that a state of emergency
    4         renewed by the Governor expires within a specified
    5         timeframe; authorizing the Legislature to extend the
    6         state of emergency under specified circumstances;
    7         providing that such extension is valid for a specified
    8         timeframe; prohibiting such timeframe from exceeding
    9         the end of the next regular session; requiring the
   10         Governor to immediately issue a certain executive
   11         order or proclamation consistent with the
   12         Legislature’s concurrent resolution terminating a
   13         state of emergency; prohibiting the Governor from
   14         declaring a substantially similar state of emergency
   15         under specified conditions; amending s. 252.3611,
   16         F.S.; requiring the Auditor General to update
   17         quarterly a specified audit, rather than annually;
   18         providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsection (2) and paragraph (a) of subsection
   23  (3) of section 252.36, Florida Statutes, are amended to read:
   24         252.36 Emergency management powers of the Governor.—
   25         (2) A state of emergency must be declared by executive
   26  order or proclamation of the Governor if she or he finds an
   27  emergency has occurred or that the occurrence or the threat
   28  thereof is imminent. The state of emergency must continue until
   29  the Governor finds that the threat or danger has been dealt with
   30  to the extent that the emergency conditions no longer exist and
   31  she or he terminates the state of emergency by executive order
   32  or proclamation, but no state of emergency may continue for
   33  longer than 60 days unless renewed by the Governor, subject to
   34  the limitations of subsection (3). All executive orders or
   35  proclamations issued under this section must indicate the nature
   36  of the emergency, the area or areas threatened, and the
   37  conditions which brought the emergency about or which make
   38  possible its termination. An executive order or proclamation
   39  must be promptly disseminated by means calculated to bring its
   40  contents to the attention of the general public; and, unless the
   41  circumstances attendant upon the emergency prevent or impede
   42  such filing, the order or proclamation must be filed promptly
   43  with the Department of State, the President of the Senate and
   44  the Speaker of the House of Representatives, and the offices of
   45  the county commissioners in the counties to which the order or
   46  proclamation applies.
   47         (3)(a)1. A state of emergency renewed by the Governor
   48  expires after 1 year, and any specific order, proclamation, or
   49  rule thereunder is terminated, unless the Legislature, by a two
   50  thirds vote of the membership of each house, expressly
   51  authorizes the extension of the state of emergency.
   52         2. If the Legislature authorizes a continuance of the state
   53  of emergency, the Legislature must set the date the state of
   54  emergency terminates. Such date may not be later than the
   55  scheduled end of the next regular session.
   56         3. At any time, the Legislature, by concurrent resolution,
   57  may terminate a state of emergency or any specific order,
   58  proclamation, or rule thereunder. Upon such concurrent
   59  resolution, the Governor shall immediately issue an executive
   60  order or proclamation consistent with the concurrent resolution.
   61         4. If the Legislature terminates or allows a state of
   62  emergency to expire, the Governor may not declare a
   63  substantially similar state of emergency.
   64         Section 2. Subsection (3) of section 252.3611, Florida
   65  Statutes, is amended to read:
   66         252.3611 Transparency; audits.—
   67         (3) Once an emergency exceeds 1 year, the Auditor General
   68  shall conduct a financial audit of all associated expenditures
   69  and a compliance audit of all associated contracts entered into
   70  during the declared emergency. The Auditor General shall must
   71  update the audit quarterly annually until the emergency is
   72  declared to be ended.
   73         Section 3. This act shall take effect July 1, 2026.