THE BILL ITSELF
HB 5503
Trust Funds/Re-creation/Emergency Preparedness and Response Fund/EOG
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A bill to be entitled
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An act relating to trust funds; re-creating the
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Emergency Preparedness and Response Fund within the
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Executive Office of the Governor; amending s.
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252.3711, F.S.; revising and providing uses of moneys
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deposited in the fund; providing requirements for the
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deposit of federal reimbursements of state emergency
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expenditures; providing reporting requirements;
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revising provisions relating to the termination of the
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fund; providing for retroactive application; providing
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an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. The Emergency Preparedness and Response Fund
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within the Executive Office of the Governor, which is to be
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terminated pursuant to Section 19(f), Article III of the State
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Constitution on February 17, 2026, is re-created.
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Section 2. Section 252.3711, Florida Statutes, is amended
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to read:
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252.3711 Emergency Preparedness and Response Fund.—
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(1) The Emergency Preparedness and Response Fund is
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created within the Executive Office of the Governor.
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(2) The fund is established for use as a depository for
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state moneys specifically transferred or appropriated to the
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fund by the Legislature. The moneys deposited in the fund are
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available as a primary funding source for the Governor for
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purposes of preparing or responding to an emergency as defined
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in s. 252.34(4) disaster declared by the Governor as a state of
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emergency that exceeds regularly appropriated funding sources.
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(a) Moneys in the fund may be used for a state of
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emergency that is a natural emergency as defined in s.
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252.34(8). If such state of emergency has been renewed pursuant
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to s. 252.36, the use of moneys in the fund is subject to the
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notice, review, and objection procedures set forth in s.
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216.177.
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(b) Moneys in the fund may be used for a state of emergency
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that is a manmade emergency as defined in s. 252.34(7) or a
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technological emergency as defined in s. 252.34(12), subject to
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the notice, review, and objection procedures set forth in s.
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216.177. Notwithstanding s. 216.177(2)(b), either the chair or
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vice chair of the Legislative Budget Commission or the President
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of the Senate or the Speaker of the House of Representatives may
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timely advise, in writing, that an action or proposed action
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exceeds the delegated authority or is contrary to legislative
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policy and intent.
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(c) Moneys in the fund may not be used to purchase
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aircraft, boats, or motor vehicles.
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(d) Moneys in the fund may not be invested as provided in
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s. 17.61 but shall be retained in the fund for investment with
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interest appropriated to the General Revenue Fund as provided in
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s. 17.57.
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(3) Federal reimbursements of state emergency expenditures
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shall not be deposited in the fund. Federal reimbursements of
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state emergency expenditures shall be deposited in the General
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Revenue Fund pursuant to s. 215.32(2)(a).
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(4) On or before the 15th day of the month following each
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quarter, the Executive Office of the Governor shall submit a
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report to the President of the Senate and the Speaker of the
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House of Representatives that includes the following:
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(a) The projected year-end cash balance of the fund;
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(b) An updated cash flow statement for that fiscal year;
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(c) An accounting of all inventory and assets purchased,
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separated by emergency event and agency, for preparing for,
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responding to, or recovering from a state of emergency and the
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current status of such assets; and
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(d) A written attestation, under penalty of perjury, from
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the director of the Division of Emergency Management that the
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information in the report is true, accurate, and complete.
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(5)(3) In accordance with s. 19(f)(2), Art. III of the
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State Constitution, The Emergency Preparedness and Response Fund
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shall, unless terminated sooner, be terminated on July 1, 2030 4
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years after the effective date of this act. Before its scheduled
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termination, the fund shall be reviewed as provided in s.
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215.3208 s. 215.3206(1) and (2).
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Section 3. This act shall operate retroactively to
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February 17, 2026.
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Section 4. This act shall take effect upon becoming a law.