STORAGE NAME: h1399b.SAC
DATE: 4/17/2025
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FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/CS/HB 1399
TITLE: Emergency Powers During a Declared Public
Health Emergency
SPONSOR(S): Miller
COMPANION BILL: SB 1372 (Yarborough)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Health Professions & Programs
16 Y, 0 N, As CS
State Affairs
17 Y, 4 N, As CS
Health & Human Services
SUMMARY
Effect of the Bill:
The bill revises the Governor’s authority to renew a public health emergency. The bill reduces the length of time for
which a public health emergency may last from 60 days after the declaration to 30 days after the declaration. The
bill specifies that the renewal of a public health emergency extends the expiration of the declaration for 30 days. If a
declaration of a public health emergency is not renewed before its expiration, it is automatically terminated. The
bill prohibits an expired declaration from being renewed. The bill authorizes the Legislature to terminate a public
health emergency or any related emergency order by concurrent resolution. If the Legislature terminates a public
health emergency, the State Health Officer is prohibited from declaring a substantially similar emergency. .
Fiscal or Economic Impact:
The bill may have an indeterminate negative fiscal impact on the Legislature if the Legislature chooses to hold a
special session to terminate a declaration of a public health emergency.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill revises the authority of the State Health Officer and Governor to renew a declaration of a public health
emergency. The bill reduces the length of time for which a public health emergency may last from 60 days after the
declaration to 30 days after the declaration. The bill specifies that the renewal of a public health emergency
extends the expiration of the declaration for 30 days. If a declaration of a public health emergency is not renewed
before its expiration, it is automatically terminated. The bill prohibits an expired declaration from being renewed.
(Section 1)
The bill authorizes the Legislature to, at any time, terminate a public health emergency or any related emergency
order by concurrent resolution. If the public health emergency is terminated by the Legislature, the State Health
Officer may not declare a substantially similar emergency. (Section 1)
The bill provides an effective date of July 1, 2025. (Section 2)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have an indeterminate negative fiscal impact on the Legislature if the Legislature chooses to hold a
special session to terminate a declaration of a public health emergency. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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RELEVANT INFORMATION
SUBJECT OVERVIEW:
Department of Health
The Department of Health (DOH) is established under s. 20.43, F.S., to “protect and promote the health of all
residents and visitors in the state through organized state and community efforts, including cooperative
agreements with counties.” The head of the Department of Health is the Surgeon General, who is also designated as
the State Health Officer.
1
DOH regulates more than 1.5 million health care practitioners across 40 professions, 364 license types, and 10
facilities.
2 DOH administers the Children’s Medical Services safety net health care program, provides health care
services in county health departments, and regulates environmental activities that affect public health.
3 DOH also
administers state epidemiology functions, and is required to identify, diagnose, and conduct surveillance of
diseases and health conditions in the state and accumulate the health statistics necessary to establish trends.
Current law also requires DOH to coordinate preparedness for and responses to public health emergencies.
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Public Health Emergencies
Under emergency conditions, the usual methods of disease prevention may be inadequate and require short-term
expansion of the State Health Officer’s authority. Similar to the Governor’s authority to declare emergencies under
chapter 252, F.S., emergency authority is available for emergencies of a public health nature. Section 381.00315,
F.S., makes the State Health Officer exclusively responsible for declaring public health emergencies, and establishes
requirements for such situations. The law limits public health emergencies to natural or manmade occurrences
that result or may result in substantial injury or harm to the public health from infectious disease, chemical agents,
nuclear agents, biological toxins, or situations involving mass casualties or natural disasters.
5 Before declaring a
public health emergency, the State Health Officer must, to the extent possible, consult with the Governor and notify
the Chief of Domestic Security.
6 A public health emergency may not continue longer than 60 days unless the
Governor concurs in the renewal of the declaration.
7 Current law does not limit the number of times that the State
Health Officer may renew a declaration.
Upon declaration of a public health emergency, the State Health Officer must establish the method and procedures
for identifying and reporting cases and deaths involving the infectious disease or other occurrence identified as the
basis for the declared public health emergency.
8 The method and procedures must be consistent with federal
standards specific to the declared emergency, or with public health best practices identified by the State Health
Officer, if no federal standards exists.
9
1
S. 20.43, F.S.
2
DOH, Division of Medical Quality Assurance Annual Report and Long-Range Plan FY 2023-2024, available at
https://mqawebteam.com/annualreports/2324/, (last visited March 27, 2025).
3
DOH, County Health Departments, available at https://www.floridahealth.gov/programs-and-services/county-health-
departments/index.html; DOH, Programs and Services, available at https://www.floridahealth.gov/programs-and-
services/index.html, and Office of Program Policy Analysis and Government Accountability, DOH, available at
https://oppaga.fl.gov/ProgramSummary/ProgramDetail?programNumber=5055, (last visited on March 27, 2025).
4
S. 20.43, F.S.
5
S. 381.00315(1)(c), F.S.
6
S. 381.00315(2)(b), F.S. The Chief of Domestic Security is the executive director of the Department of Law Enforcement, or
his designee. S. 943.0311, F.S.
7
S. 381.00315(2)(b), F.S.
8
S. 381.00315(2)(c), F.S.
9
Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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During a public health emergency, DOH is solely responsible for the collection, official reporting, and the
publication of cases and deaths related to the emergency.
10 Current law, authorizes the State Health Officer to
obtain assistance from licensed health care providers and district medical examiners, by order or emergency rule,
to carry out these functions. Current law also authorizes the State Health Officer to take certain actions to protect
public health during a declared public health emergency, including, but not limited to:
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Directing manufacturers of prescription drugs or over-the-counter drugs to give priority shipping of
specified drugs to certain pharmacies and hospitals;
Directing pharmacies to compound bulk prescription drugs; and
Temporarily reactivating inactive licenses of certain healthcare professionals.
Public Health Emergencies Declared in Florida
The State Health Officer has declared public health emergencies for statewide epidemics and localized outbreaks,
among others. For example, in 2017, the Surgeon General declared a public health emergency related to the
statewide opioid epidemic. As part of that declaration, the Surgeon General issued a standing order for naloxone,
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which allowed law enforcement and emergency medical services personnel to obtain this potentially life-saving
drug without a prescription.
13
In 2019, the State Health Officer declared a public health emergency related to a Hepatitis A outbreak in several
counties.
14 The declaration sought assistance from the Centers for Disease Control and Prevention, provided
guidance to health care practitioners for screening and vaccinating individuals at high risk of contracting Hepatitis
A and provided advice for the cleaning and sanitizing of public restrooms.
15
In March 2020, the State Health Officer declared a state of emergency related to the COVID-19 outbreak. The
Governor renewed the declaration every 60 days ultimately allowing the declaration to expire on June 26, 2021.
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10
Id.
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S. 381.00315(2)(d), F.S.
12
Naloxone is an opioid antagonist that rapidly reverses an opioid overdose. Naloxone Drug Facts, National Institute of Drug
Abuse, available at https://www.drugabuse.gov/publications/drugfacts/naloxone (last visited on March 31, 2025).
13
Amended DOH Declaration of Public Health Emergency and Standing Order for Naloxone, available at
http://www.floridahealth.gov/_documents/newsroom/press-releases/2017/05/050317-health-emergency-opioid-
epidemic.pdf (last visited on March 31, 2025).
14
DOH Declaration of Public Health Emergency, available at http://www.floridahealth.gov/_documents/newsroom/press-
releases/2019/08/phe-hav-filed-08-01-2019.pdf (last visited on November 9, 2021). The counties at issue were Brevard,
Citrus, Glades, Hernando, Hillsborough, Lake, Liberty, Manatee, Marion, Martin, Okeechobee, Orange, Pasco, Pinellas, Sumter,
Taylor and Volusia.
15
DOH Declaration of Public Health Emergency, available at http://www.floridahealth.gov/_documents/newsroom/press-
releases/2019/08/phe-hav-filed-08-01-2019.pdf (last visited on March 31, 2025).
16
The Governor issued Executive Order Number 21-94 on April 27, 2021, thereby extending the state of emergency until June
26, 2021. https://www.flgov.com/eog/sites/default/files/executive-orders/2024/EO_21-94.pdf, (last visited on March 31,
2025). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Health Professions & Programs
Subcommittee
16 Y, 0 N, As CS 4/3/2025 McElroy Curry
THE CHANGES ADOPTED BY THE
COMMITTEE:
Removed the requirement that the Legislature must convene within 30
days after the declaration of a public health emergency.
Removed the procedures for transmission of the petition to terminate a
declaration of a public health emergency.
Removed the authority of a local government to exempt itself from a
declared public health emergency.
Removed procedures for individuals who may refuse examination,
testing, or treatment during a declared public health emergency.
Removed provisions related to isolation or quarantine.
Removed language relating to the rights guaranteed to individuals.
Removed specified prohibitions on public employees during a declared
public health emergency.
State Affairs Committee 17 Y, 4 N, As CS 4/17/2025 Williamson Gawin
THE CHANGES ADOPTED BY THE
COMMITTEE:
Reduced the length of time a declared public health emergency may last
from 60 days to 30 days.
Authorized the Legislature to terminate public health emergencies and
any related orders by concurrent resolution.
Removed the requirement that the Legislature must approve of each
renewal of a public health emergency after the first renewal, and
renewals of emergencies that are substantially similar to those that
have expired.
Health & Human Services
Committee
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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