ENROLLED
2026 Legislature SB 7040, 1st Engrossed
20267040er
1
2 An act relating to trust funds; re-creating the
3 Emergency Preparedness and Response Fund within the
4 Executive Office of the Governor; amending s.
5 252.3711, F.S.; specifying that moneys are
6 appropriated to the Emergency Preparedness and
7 Response Fund by the Legislature or pursuant to a
8 specified provision; authorizing funds to be used for
9 specified emergencies; requiring that budget
10 amendments be submitted in accordance with a specified
11 provision; providing an exception; requiring that
12 federal reimbursements of state emergency expenditures
13 be deposited in a separate account within the fund;
14 providing requirements for such account; prohibiting
15 moneys in the fund from being used to purchase
16 aircraft, boats, or motor vehicles; providing
17 construction; providing for the termination of the
18 fund on a specified date; requiring a certain review
19 of the fund before termination; requiring the Division
20 of Emergency Management to submit a specified report
21 periodically to the Legislature, beginning on a
22 specified date; providing for retroactive application;
23 providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. The Emergency Preparedness and Response Fund
28 within the Executive Office of the Governor, which terminated
29 pursuant to s. 19(f), Article III of the State Constitution on
30 February 17, 2026, is re-created within the Executive Office of
31 the Governor.
32 Section 2. Section 252.3711, Florida Statutes, is amended
33 to read:
34 252.3711 Emergency Preparedness and Response Fund.—
35 (1) The Emergency Preparedness and Response Fund is created
36 within the Executive Office of the Governor.
37 (2) The fund is established for use as a depository for
38 moneys specifically transferred or appropriated to the fund by
39 the Legislature or pursuant to s. 11.90. The moneys deposited in
40 the fund are available as a primary funding source for the
41 Governor for purposes of preparing or responding to a disaster
42 declared by the Governor as a state of emergency that exceeds
43 regularly appropriated funding sources.
44 (a) Moneys in the fund may be used for a natural emergency.
45 If such state of emergency has been renewed pursuant to s.
46 252.36, budget amendments must be submitted in accordance with
47 the notice, review, and objection procedures set forth in s.
48 216.177, notwithstanding ss. 216.181 and 216.292.
49 (b) Moneys in the fund may be used for a state of emergency
50 that is a manmade emergency or a technological emergency. If
51 such state of emergency has been renewed pursuant to s. 252.36,
52 budget amendments must be submitted in accordance with the
53 notice, review, and objection procedures set forth in s.
54 216.177. However, the chair and the vice chair of the
55 Legislative Budget Commission may authorize such amendment to be
56 approved pursuant to s. 216.177.
57 (c) Federal reimbursements of state emergency expenditures
58 shall be deposited in a separate account within the fund.
59 Expenditures from this separate account may only be made for
60 invoices that were incurred before the deposit of the federal
61 reimbursement and may not be used for any other purpose until
62 all outstanding prior invoices have been paid.
63 (d) Moneys in the fund may not be used to purchase
64 aircraft, boats, or motor vehicles; however, nothing in this
65 paragraph shall prohibit the short-term lease of aircraft,
66 boats, or motor vehicles for responding to an emergency.
67 (3) In accordance with s. 19(f)(2), Art. III of the State
68 Constitution, The Emergency Preparedness and Response Fund
69 shall, unless terminated sooner, be terminated July 1, 2028 4
70 years after the effective date of this act. Before its scheduled
71 termination, the fund shall be reviewed as provided in s.
72 215.3208 s. 215.3206(1) and (2).
73 (4) Beginning July 15, 2026, and on or before the 15th day
74 of the month following each quarter, the Division of Emergency
75 Management shall submit a report to the President of the Senate
76 and the Speaker of the House of Representatives which includes
77 all of the following:
78 (a) The projected year-end cash balance of the fund.
79 (b) An updated cash flow statement for that fiscal year.
80 (c) An update on all pending and received federal
81 reimbursements.
82 (d) An accounting of all inventory and assets purchased,
83 itemized by emergency event and agency, for preparing for,
84 responding to, or recovering from a state of emergency and the
85 current status of such assets.
86 (e) An accounting of all pending invoices, itemized by
87 emergency event and agency, including the date the invoice was
88 received.
89 Section 3. This act shall operate retroactively to February
90 17, 2026.
91 Section 4. This act shall take effect upon becoming a law.