Q&A – Should Florida’s governments have their emergency powers limited?

Q&A of the Day – Should Florida’s governments have their emergency powers limited? 

Each day I feature a listener question sent by one of these methods. 

Email: brianmudd@iheartmedia.com

Parler & Twitter: @brianmuddradio 

Today’s entry: Hey Brian, thanks for staying on top of what’s happening in the state session. You caught my attention with the proposal that would limit executive authority in Florida. Pardon the ignorance but I’m not sure what current laws are to know what’s different with the proposal you mentioned. I’d appreciate it if you discussed this. 

Bottom Line: What you’re referencing is what’s known as HB 7047, or the Emergency Management bill proposed at Governor DeSantis’s request. Unveiled in the House on Sunday, this legislation is on the fast track with only two weeks left. Let’s dig in. 

Changes if legislation becomes law: 

  • Would prevent any business, school or government entity from mandating proof of a COVID-19 vaccination
  • Would limit local emergency declarations to 42 days
  • Would allow for the governor to invalidate any local emergency declarations
  • Would limit governor’s ability to unilaterally spend money (to only reallocate funds previously approved by the state legislature during a declared emergency – or to appropriate federal assistance)
  • Mandates Florida’s Division of Emergency Management maintain a permanent inventory of personal protective equipment sufficient to meet the needs of all Floridians in an emergency

To the point of your question, what’s the current policy for each of those that changes if this becomes law? Starting with vaccine passports... While governor DeSantis has signed an executive action banning vaccine passports, that policy would end as soon as Florida’s emergency declaration for the pandemic ends. Were this to become law, it would apply permanently. Regarding local emergency authority... Currently, there’s no limitation on the length of emergency declarations at the local government level. Only the requirement that they’re reviewed every seven days. All South Florida governments who’ve maintained emergency declarations have simply renewed those orders weekly. Were this to become law, local declarations would be capped at six weeks. Pertaining to the governor’s ability to invalidate local emergency declarations... 

With Florida under an emergency declaration, Governor DeSantis can and has invalidated portions of local orders, a la penalties for mask violations. But that’s another ability that only lasts as long as Florida’s emergency declaration lasts. This proposed change in Florida law is aimed at preventing local governments from abusing emergency declarations in the future (at least in the eyes of the governor). The other two changes are likely the least controversial proposed, including the provision that would limit the governor’s executive authority. The meat of the executive spending change is the limitation that funds would either have to be received by the federal government or have been allocated previously by the state legislature for there to be unilateral action by the governor. The final change, the mandate regarding PPE, has most recently been standard operating procedure but would mandate under state law going forward. This would include regular inventory checks to ensure the state’s ever-growing population is accounted for. 

There’s plenty in here which is sure to gain the attention of several South Florida politicos who’ve not always been on the same page with Governor DeSantis during the pandemic. Local governments who’ve been leery of policies they’ve viewed as infringing on “Home-Rule”, likely won’t support this proposal. That being said, there are many of us who’re concerned the broad executive authority exerted for over a year during this pandemic, may be something local officials won’t willingly and responsibly give up. This bill would protect Floridians from overzealous use of emergency declarations. It’s not a given this passes as is, though there’s a better than not chance in my view that it does. I’ll keep you posted. 

Photo Credit: Getty Images


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