FL H1623

Emergency executive orders, proclamations, and rules issued by the Governor are limited to 60 days and may only be renewed with legislative approval — first by a simple majority for an additional 30 days, then by a two-thirds majority of both chambers for each subsequent 30-day extension, with a mandatory full review and redraft by the Governor every 6 months accompanied by a report from the Office of Program Policy Analysis and Government Accountability.

During extended public health emergencies, K-12 public schools and businesses carry a presumption of remaining open, with any closure or restriction requiring specific written justification and reassessment at least every 30 days; business restrictions lasting more than 14 days trigger mandatory compensation to affected businesses as commandeered property under s. 252.43.

Emergency measures limiting the rights or liberties of individuals or businesses must be narrowly tailored to serve a compelling public health or safety purpose and limited in duration, applicability, and scope; the Governor is prohibited from reissuing a substantially similar expired order without legislative concurrence.

The State Health Officer's authority to enforce public health advisories is removed, and individuals who are unable or unwilling to be examined, tested, or treated for communicable diseases for reasons of health, religion, or conscience may not be subjected to isolation or quarantine without a due process hearing.

Both the Governor's emergency management powers under s. 252.36 and the State Health Officer's powers under s. 381.00315 are expressly prohibited from being used in any way that infringes upon rights guaranteed under Article I of the Florida Constitution, effective July 1, 2024.