The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Appropriations
BILL: CS/SB 96
INTRODUCER: Appropriations Committee and Senator Burgess
SUBJECT: Emergency Preparedness and Response Fund
DATE: January 14, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hrdlicka Sadberry AP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Technical Changes
I. Summary:
CS/SB 96 amends the financing provisions related to state expenditures made in response to a
disaster. The bill requires funding for the resources to respond to a disaster to first come from
funds specifically appropriated to state and local agencies for disaster relief or response. If those
funds are insufficient, authorizes the Governor to make funds available by transferring and
expending moneys in the Emergency Preparedness and Response Fund.
The bill authorizes the Governor to request the Legislative Budget Commission to approve a
request to transfer additional funds to the Emergency Preparedness and Response Fund. The bill
directs the immediate transfer of $1 billion from the General Revenue Fund to the Emergency
Preparedness and Response Fund.
The bill is effective upon the passage of SB 98 or similar legislation being enacted to create the
Emergency Preparedness and Response Fund. SB 98 takes effect upon becoming a law.
II. Present Situation:
The Governor is responsible for meeting the dangers presented to this state and its people by
emergencies.
1
In the event of an emergency or threat of one, the Governor may declare a state of
emergency by executive order or proclamation. The state of emergency continues until the
Governor finds that the threat or danger has been dealt with to the extent that the emergency
conditions no longer exist.
2
1
Section 252.36(1)(a), F.S.
2
Section 252.36(2), F.S. A state of emergency may not continue for longer than 60 days unless renewed by the Governor.
REVISED: BILL: CS/SB 96 Page 2
When a state of emergency is declared by the Governor, predetermined emergency management
plans become effective. One piece of the emergency plans is to provide resources necessary to
protect and mitigate the effects of a disaster, including the use or distribution of supplies,
equipment, and materials.
3
Funding for the resources generally come from funds regularly appropriated to state and local
agencies.
4
The policy of the state is that funds to meet emergencies must always be available.
5
If those funds are insufficient, the Governor may make funds available by transferring and
expending moneys appropriated for other purposes, or by transferring and expending moneys out
of any unappropriated surplus funds, or from the Budget Stabilization Fund.
6
Following the expiration or termination of the state of emergency, the Governor may transfer
moneys with a budget amendment, subject to approval by the Legislative Budget Commission, to
satisfy the budget authority granted for such emergency.
7
The Governor’s authority to apply for,
administer, and expend any grants, gifts, or payments in aid of emergency prevention, mitigation,
preparedness, response, or recovery is not limited by these financing provisions.
8
III. Effect of Proposed Changes:
The bill amends the provisions in s. 252.37, F.S., related to state expenditures made in response
to a disaster. The bill requires funding for the resources to respond to a disaster to first come
from funds specifically appropriated to state and local agencies for disaster relief or response.
If those funds are insufficient, the Governor may make funds available by transferring and
expending moneys in the Emergency Preparedness and Response Fund. Under the bill, the
Governor is not authorized to transfer or expend funds appropriated for other purposes, out of
any unappropriated surplus funds, or from the Budget Stabilization Fund.
Following expiration or termination of the state of emergency, if the Governor requests the
Legislative Budget Commission to approve fund transfers and expenditures through budget
amendments, the bill requires such transfers and expenditures to be to be directly related to the
declared disaster or emergency.
The Governor is authorized to request the Legislative Budget Commission to approve a request
to transfer additional funds to the Emergency Preparedness and Response Fund. The bill amends
s. 11.90, F.S., to authorize the Legislative Budget Commission to convene to transfer surplus
funds to the Emergency Preparedness and Response Fund.
3
Section 252.36(4), F.S.
4
Section 252.37(2), F.S.
5
Section 252.37(1), F.S.
6
Id.
7
Section 252.37(2), F.S.
8
Section 252.37(3), F.S. BILL: CS/SB 96 Page 3
The bill directs the Chief Financial Officer to immediately transfer $1 billion from the General
Revenue Fund to the Emergency Preparedness and Response Fund, created by SB 98, to be used
for purposes of preparing for and responding to a disaster declared by the Governor as a state of
emergency.
The bill is effective upon the passage of SB 98 or similar legislation being enacted to create the
Emergency Preparedness and Response Fund. SB 98 takes effect upon becoming a law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
The bill does not require cities and counties to expend funds or limit their authority to
raise revenue or receive state-shared revenues as specified by Art. VII, s. 18 of the State
Constitution.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The bill allows the Governor to expend funds to respond to a declared state of emergency
from the Emergency Preparedness Response Fund. The bill directs the transfer of
$1 billion from the General Revenue Fund to the Emergency Preparedness Response
Fund and authorizes the Governor to request the Legislative Budget Commission to allow
for additional transfers into the fund. BILL: CS/SB 96 Page 4
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 11.90 and 252.37.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Appropriations on January 12, 2022:
The committee substitute adds the bill number of SB 98 to the contingent effective date
of this bill.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.