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The Florida House of Representatives introduced a proposal to drastically limit Governor Ron DeSantis's ability to use the Emergency Preparedness and Response Fund to finance immigration law enforcement operations.
The movement creates an unusual political alignment in Tallahassee and reignites the power struggle between the Legislature and the governor, according to the Miami Herald.
According to the draft legislation, the fund —from the Governor's Executive Office— would be recreated before its constitutional expiration date set for February 17, 2026, and would be extended until July 1, 2030, but with more restricted use, primarily focused on natural emergencies.
The text states that the fund will function as a “primary source” of financing for the governor only to “prepare for or respond to” a natural emergency (as defined by law) declared as a state of emergency that exceeds the regularly assigned funding sources.
Moreover, it imposes new limitations and controls, including:
- Procedures for notification, review, and objection regarding expenses associated with renewed natural emergency states.
- Prohibition on using the fund to purchase aircraft, boats, or motor vehicles.
- Prohibition on depositing federal reimbursements for emergency expenses: they must go to the General Fund (General Revenue Fund).
- Quarterly reports to the Senate Presidency and the House Presidency, including projected balances, cash flow, inventory/assets by event, and an attestation under penalty of perjury from the Director of the Emergency Management Division regarding the accuracy of the information.
- Retroactive application as of February 17, 2026.
The background: the fund used for immigration
The initiative comes after DeSantis has renewed the state of emergency for illegal immigration 20 times since January 2023, which, according to the Herald report, allowed for continuous access to the fund without prior legislative approval.
During that period, the governor is reported to have spent more than 573 million dollars on immigration enforcement, including 405 million in the last six months, with allocations for temporary detention centers, private flights, and restaurant bills, according to the same text.
Critics cited in the report argue that the repeated renewals transformed a reserve intended for hurricanes and disasters into a permanent funding source for immigration policy.
The proposal comes at a critical time for the fund: it will expire on Monday if both chambers do not approve identical legislation and send it to the governor.
If there is no agreement, the remaining funds would revert to general revenues, and DeSantis would lose immediate access to one of his broadest emergency spending tools, at least until a new mechanism is established.
The debate also reignites previous tensions: last spring, the governor and the Republican members of the House clashed over broad immigration legislation, in a dispute that, according to the report, left fractures within the Republican supermajority.
If the restrictive approach of the House prevails or loses strength in negotiations with the Senate, the outcome will not only define the future of the fund but also determine how much unilateral spending power the governor retains as Florida approaches the upcoming hurricane season.
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