Florida 2023 2023 3rd Special Session

Florida House Bill H0001 Comm Sub / Bill

Filed 11/06/2023

                       
 
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A bill to be entitled 1 
An act relating to disaster relief; creating s. 2 
193.4518, F.S.; defining terms; providing a tangible 3 
personal property assessment limitation, during a 4 
certain timeframe and in certain counties, for certain 5 
agricultural equipment rendered unable to be used due 6 
to Hurricane Idalia; specifying conditions for 7 
applying for and receiving the assessment limitation; 8 
providing procedures for petitioning the value 9 
adjustment board if an application is denied; 10 
providing applicability; providing a sales tax 11 
exemption for the purchase, within a certain timeframe 12 
and in certain counties, of certain fencing materials 13 
used to replace or repair fences damaged by Hurricane 14 
Idalia on agricultural lands; specifying that the 15 
exemption is available only through a refund by the 16 
Department of Revenue of previously paid taxes; 17 
specifying requirements for applying for the refund; 18 
providing criminal penalties for furnishing a false 19 
affidavit; providing construction and retroactive 20 
applicability; authorizing the department to adopt 21 
emergency rules; providing a sales tax exemption for 22 
the purchase, within a certain timeframe and in 23 
certain counties, of building materials used to 24 
replace or repair nonresidential farm buildings 25     
 
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damaged by Hurricane Idalia; specifying that the 26 
exemption is available only through a refund by the 27 
department of previously paid taxes; defining the 28 
terms "building materials" and "nonresidential farm 29 
building"; specifying requirements for applying for 30 
the refund; providing criminal penalties for 31 
furnishing a false affidavit; providing construction 32 
and retroactive applicability; authorizing the 33 
department to adopt emergency rules; providing an 34 
exemption from certain fuel taxes for fuel purchased, 35 
within a certain timeframe, for use for agricultural 36 
shipment or hurricane debris removal after Hurricane 37 
Idalia; specifying that the exemption is available 38 
only through a refund by the department; defining 39 
terms; specifying requirements for applying for the 40 
refund; providing criminal penalties for furnishing a 41 
false affidavit; providing applicability and 42 
construction; providing for retroactive operation; 43 
authorizing the department to adopt emergency rules; 44 
amending s. 215.5586, F.S.; revising legislative 45 
intent; specifying a requirement for the Department of 46 
Financial Services in implementing the My Safe Florida 47 
Home Program; authorizing the department to accept 48 
applications for the program up to the amount of 49 
available funds; providing an appropriation for 50     
 
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certain applications for the program; prohibiting the 51 
department from continuing to accept certain 52 
applications or creating a waiting list in 53 
anticipation of additional funding in the absence of 54 
express authority from the Legislature to do so; 55 
providing an appropriation for administration of the 56 
My Safe Florida Home program; amending s. 252.37, 57 
F.S.; providing legislative intent; requiring the 58 
Division of Emergency Management and local governments 59 
to enter into certain agreements to receive specified 60 
funds; providing requirements for such agreements; 61 
providing for allocation of funds; requiring the 62 
division to report progress on a certain timetable to 63 
specified parties; providing for expiration; providing 64 
an appropriation for the Public Assistance Program; 65 
providing requirements for appropriated funds; 66 
authorizing the undisbur sed appropriation to carry 67 
forward to a certain date; amending s. 252.71, F.S.; 68 
extending the date for future review and repeal of 69 
provisions related to the Florida Emergency Management 70 
Assistance Foundation; amending s. 288.066, F.S.; 71 
revising the maximum length of a loan term under the 72 
Local Government Emergency Revolving Bridge Loan 73 
Program; authorizing the Department of Commerce to 74 
amend certain previously executed loan agreements 75     
 
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under certain circumstances; providing an 76 
appropriation for the Hurricane Housing Recovery 77 
Program; requiring such appropriations to be used for 78 
specified purposes; requiring the Florida Housing 79 
Finance Corporation to coordinate with the division 80 
and the Department of Commerce for a specified 81 
purpose; providing an appropriation for hurricane 82 
repair and recovery projects within counties with a 83 
certain Federal Emergency Management Agency disaster 84 
designation; authorizing certain entities to apply for 85 
such appropriated funds; requiring such entities 86 
requesting funding for certain p urposes to secure 87 
certain matching funds by the time of making the 88 
application; requiring certain certifications for 89 
applications for appropriated funds; authorizing the 90 
division to request budget amendments up to a 91 
specified amount to fund gaps in certain projects; 92 
requiring the division and certain entities to 93 
coordinate for a specified purpose; specifying 94 
criteria for providing appropriated funds as grants or 95 
loans; requiring reimbursed funds to be deposited into 96 
the General Revenue Fund; providing for a ppropriations 97 
for the Small County Outreach Program for certain 98 
counties; amending chapter 2023 -304, Laws of Florida; 99 
revising a prohibition on counties and municipalities 100     
 
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proposing or adopting certain amendments to specified 101 
regulations; revising the expi ration date of such 102 
prohibition; providing an appropriation for certain 103 
planning and design grants; authorizing certain 104 
fiscally constrained counties to apply for 105 
appropriated funds; requiring the division to 106 
prioritize certain applications; requiring the 107 
division to conduct a certain assessment and consider 108 
certain information; amending s. 288.0655, F.S.; 109 
authorizing the Department of Commerce to award 110 
certain grants to certain fiscally constrained 111 
counties; providing a purpose and eligible uses for 112 
such grants; providing for expiration; providing an 113 
appropriation for the grants; repealing s. 570.82, 114 
F.S., relating to Agricultural Economic Development 115 
Program disaster loans and grants and aid; creating s. 116 
570.822, F.S.; defining terms; establishing the 117 
Agriculture and Aquaculture Producers Natural Disaster 118 
Recovery Loan Program within the Department of 119 
Agriculture and Consumer Services; providing the 120 
purpose of the program; establishing the authorized 121 
use of the loans; requiring that structures or 122 
buildings constructed with loan funds meet certain 123 
standards; requiring the department to adopt such 124 
standards by rule; requiring that the loans be low -125     
 
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interest or interest -free; providing loan limits; 126 
establishing eligibility requirements for loans; 127 
establishing application periods; setting the terms of 128 
repayment; providing for a reduction in the principal 129 
balance by a certain amount each year; restricting the 130 
amount the department may use for deferred loans; 131 
requiring repayment upon the sale of the property 132 
within a certain timeframe; specifying requirements 133 
for the department in administering the program; 134 
requiring the department to create and maintain a 135 
separate account in the General Inspection Trust Fund 136 
for the program; requiring that loan payments be 137 
returned to the loan program; providing that 138 
appropriated funds are not subject to reversion; 139 
requiring the department, or a specified third -party 140 
administrator, to manage the loan fund; requiring the 141 
department to coordinate with certain entities; 142 
requiring the department to adopt rules; requiring the 143 
department to provide an annual report to the 144 
Legislature by a specified date; specifying 145 
requirements for the report; providing for the 146 
expiration of the program on a specified date, unless 147 
reviewed and saved from re peal by the Legislature; 148 
amending s. 201.25, F.S.; exempting loans made by the 149 
Agriculture and Aquaculture Producers Natural Disaster 150     
 
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Recovery Loan Program from certain taxes; requiring 151 
the department to adopt emergency rules to implement 152 
the program; providing for the expiration of such 153 
authority; requiring the transfer of specified amounts 154 
from the General Revenue Fund to the General 155 
Inspection Trust Fund within the department within a 156 
specified timeframe; providing appropriations for 157 
specified programs; providing requirements for grant 158 
administration under such programs; specifying the 159 
amount the department may use to administer the 160 
programs; authorizing the department to adopt 161 
emergency rules to implement the cost -sharing grant 162 
program; requiring the dep artment to coordinate with 163 
certain entities; providing an effective date. 164 
  165 
Be It Enacted by the Legislature of the State of Florida: 166 
 167 
 Section 1.  Section 193.4518, Florida Statutes, is created 168 
to read: 169 
 193.4518  Assessment of agricultural equipme nt rendered 170 
unable to be used due to Hurricane Idalia. — 171 
 (1)  As used in this section, the term: 172 
 (a)  "Farm" has the same meaning as provided in s. 173 
823.14(3). 174 
 (b)  "Farm operation" has the same meaning as provided in 175     
 
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s. 823.14(3). 176 
 (c)  "Unable to be use d" means the tangible personal 177 
property was damaged, or the farm, farm operation, or 178 
agricultural processing facility was affected, to such a degree 179 
that the tangible personal property could not be used for its 180 
intended purpose. 181 
 (2)  For purposes of ad va lorem taxation and applying to 182 
the 2024 tax roll only, tangible personal property owned and 183 
operated by a farm, a farm operation, or an agriculture 184 
processing facility located in Charlotte, Citrus, Columbia, 185 
Dixie, Gilchrist, Hamilton, Hernando, Jefferson, Lafayette, 186 
Levy, Madison, Manatee, Pasco, Pinellas, Sarasota, Suwannee, or 187 
Taylor County is deemed to have a market value no greater than 188 
its value for salvage if the tangible personal property was 189 
unable to be used for at least 60 days due to the effects of 190 
Hurricane Idalia. 191 
 (3)  The deadline for an applicant to file an application 192 
with the property appraiser for assessment pursuant to this 193 
section is March 1, 2024. 194 
 (4)  If the property appraiser denies an application, the 195 
applicant may file, pursuant t o s. 194.011(3), a petition with 196 
the value adjustment board which requests that the tangible 197 
personal property be assessed pursuant to this section. Such 198 
petition must be filed on or before the 25th day after the 199 
mailing by the property appraiser during th e 2024 calendar year 200     
 
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of the notice required under s. 194.011(1). 201 
 (5)  This section applies to tax rolls beginning January 1, 202 
2024. 203 
 Section 2.  Fencing materials purchased for use on 204 
agricultural lands due to Hurricane Idalia damage. — 205 
 (1)  The purchase of fencing materials used to replace or 206 
repair farm fences on land classified as agricultural under s. 207 
193.461, Florida Statutes, is exempt from the tax imposed under 208 
chapter 212, Florida Statutes, during the period from August 30, 209 
2023, through June 30, 2024, if the fencing materials will be or 210 
were used to replace or repair fences located in Charlotte, 211 
Citrus, Columbia, Dixie, Gilchrist, Hamilton, Hernando, 212 
Jefferson, Lafayette, Levy, Madison, Manatee, Pasco, Pinellas, 213 
Sarasota, Suwannee, or Taylor Count y that were damaged as a 214 
direct result of the impact of Hurricane Idalia. The exemption 215 
provided by this section is available only through a refund from 216 
the Department of Revenue of previously paid taxes. 217 
 (2)  To receive a refund pursuant to this section, the 218 
owner of the fencing materials or the real property into which 219 
the fencing materials were incorporated must apply to the 220 
Department of Revenue by December 31, 2024. The refund 221 
application must include the following information: 222 
 (a)  The name and address of the person claiming the 223 
refund. 224 
 (b)  The address and assessment roll parcel number of the 225     
 
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agricultural land on which the fencing materials were or will be 226 
used. 227 
 (c)  The sales invoice or other proof of purchase of the 228 
fencing materials which s hows the amount of sales tax paid, the 229 
date of purchase, and the name and address of the dealer from 230 
whom the materials were purchased. 231 
 (d)  An affidavit executed by the owner of the fencing 232 
materials or the real property into which the fencing materials 233 
were or will be incorporated, including a statement that the 234 
fencing materials were or will be used to replace or repair 235 
fencing damaged as a direct result of the impact of Hurricane 236 
Idalia. 237 
 (3)  A person furnishing a false affidavit to the 238 
Department of Revenue pursuant to subsection (2) is subject to 239 
the penalties set forth in s. 212.085, Florida Statutes, and as 240 
otherwise authorized by law. 241 
 (4)  This section is deemed a revenue law for the purposes 242 
of ss. 213.05 and 213.06, Florida Statutes, and s. 72. 011, 243 
Florida Statutes, applies to this section. 244 
 (5)  This section operates retroactively to August 30, 245 
2023. 246 
 (6)  The Department of Revenue is authorized, and all 247 
conditions are deemed met, to adopt emergency rules pursuant to 248 
s. 120.54(4), Florida Statu tes, for the purpose of implementing 249 
this section. Notwithstanding any other provision of law, 250     
 
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emergency rules adopted pursuant to this subsection are 251 
effective until December 31, 2024, and may be renewed during the 252 
pendency of procedures to adopt permanen t rules addressing the 253 
subject of the emergency rules. 254 
 Section 3.  Building materials used to replace or repair 255 
nonresidential farm buildings damaged by Hurricane Idalia. — 256 
 (1)  Building materials used to replace or repair a 257 
nonresidential farm building located in Charlotte, Citrus, 258 
Columbia, Dixie, Gilchrist, Hamilton, Hernando, Jefferson, 259 
Lafayette, Levy, Madison, Manatee, Pasco, Pinellas, Sarasota, 260 
Suwannee, or Taylor County that was damaged as a direct result 261 
of the impact of Hurricane Idalia and pur chased during the 262 
period from August 30, 2023, through June 30, 2024, are exempt 263 
from the tax imposed under chapter 212, Florida Statutes. The 264 
exemption provided by this section is available only through a 265 
refund from the Department of Revenue of previousl y paid taxes. 266 
 (2)  As used in this section, the term: 267 
 (a)  "Building materials" means tangible personal property 268 
that becomes a component part of a nonresidential farm building. 269 
 (b)  "Nonresidential farm building" has the same meaning as 270 
provided in s. 604.50(2), Florida Statutes. 271 
 (3)  To receive a refund pursuant to this section, the 272 
owner of the building materials or of the real property into 273 
which the building materials will be or were incorporated must 274 
apply to the Department of Revenue by December 31, 2024. The 275     
 
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refund application must include all of the following 276 
information: 277 
 (a)  The name and address of the person claiming the 278 
refund. 279 
 (b)  The address and assessment roll parcel number of the 280 
real property where the building materials were or will be used. 281 
 (c)  The sales invoice or other proof of purchase of the 282 
building materials which shows the amount of sales tax paid, the 283 
date of purchase, and the name and address of the dealer from 284 
whom the materials were purchased. 285 
 (d)  An affidavit execute d by the owner of the building 286 
materials or the real property into which the building materials 287 
will be or were incorporated, including a statement that the 288 
building materials were or will be used to replace or repair the 289 
nonresidential farm building damag ed as a direct result of the 290 
impact of Hurricane Idalia. 291 
 (4)  A person furnishing a false affidavit to the 292 
Department of Revenue pursuant to subsection (3) is subject to 293 
the penalties set forth in s. 212.085, Florida Statutes, and as 294 
otherwise provided by law. 295 
 (5)  This section is deemed a revenue law for the purposes 296 
of ss. 213.05 and 213.06, Florida Statutes, and s. 72.011, 297 
Florida Statutes, applies to this section. 298 
 (6)  This section operates retroactively to August 30, 299 
2023. 300     
 
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 (7)  The Department of Re venue is authorized, and all 301 
conditions are deemed met, to adopt emergency rules pursuant to 302 
s. 120.54(4), Florida Statutes, for the purpose of implementing 303 
this section. Notwithstanding any other provision of law, 304 
emergency rules adopted pursuant to this subsection are 305 
effective until December 31, 2024, and may be renewed during the 306 
pendency of procedures to adopt permanent rules addressing the 307 
subject of the emergency rules. 308 
 Section 4.  Refund of taxes on fuel used for agricultural 309 
shipment or hurrican e debris removal after Hurricane Idalia. — 310 
 (1)  Fuel purchased and used in this state during the 311 
period from August 30, 2023, through June 30, 2024, which is or 312 
was used in any motor vehicle driven or operated upon the public 313 
highways of this state for agr icultural shipment or hurricane 314 
debris removal is exempt from all state and county taxes 315 
authorized or imposed under parts I and II of chapter 206, 316 
Florida Statutes, excluding the taxes imposed under s. 317 
206.41(1)(a) and (h), Florida Statutes. The exemption provided 318 
by this section is available to the fuel purchaser in an amount 319 
equal to the fuel tax imposed on fuel that was purchased for 320 
agricultural shipment or hurricane debris removal during the 321 
period from August 30, 2023, through June 30, 2024. The 322 
exemption provided by this section is only available through a 323 
refund from the Department of Revenue. 324 
 (2)  As used in this section, the term: 325     
 
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 (a)  "Agricultural processing or storage facility" means 326 
property used or useful in separating, cleaning, processing , 327 
converting, packaging, handling, storing, and other activities 328 
necessary to prepare crops, livestock, related products, and 329 
other products of agriculture, and includes nonfarm facilities 330 
that produce agricultural products, in whole or in part, through 331 
natural processes, animal husbandry, and apiaries. 332 
 (b)  "Agricultural product" means the natural products of a 333 
farm, nursery, forest, grove, orchard, vineyard, garden, or 334 
apiary, including livestock as defined in s. 585.01, Florida 335 
Statutes. 336 
 (c)  "Agricultural shipment" means the transport of any 337 
agricultural product from a farm, nursery, forest, grove, 338 
orchard, vineyard, garden, or apiary located in Charlotte, 339 
Citrus, Columbia, Dixie, Gilchrist, Hamilton, Hernando, 340 
Jefferson, Lafayette, Levy, Madi son, Manatee, Pasco, Pinellas, 341 
Sarasota, Suwannee, or Taylor County to an agricultural 342 
processing or storage facility. 343 
 (d)  "Fuel" means motor fuel or diesel fuel, as those terms 344 
are defined in ss. 206.01(9) and 206.86(1), Florida Statutes, 345 
respectively. 346 
 (e)  "Fuel tax" means all state and county taxes authorized 347 
or imposed on fuel under chapter 206, Florida Statutes. 348 
 (f)  "Hurricane debris removal" means the transport of 349 
Hurricane Idalia debris from a farm, nursery, forest, grove, 350     
 
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orchard, vineyard, gar den, or apiary located in Charlotte, 351 
Citrus, Columbia, Dixie, Gilchrist, Hamilton, Hernando, 352 
Jefferson, Lafayette, Levy, Madison, Manatee, Pasco, Pinellas, 353 
Sarasota, Suwannee, or Taylor County. 354 
 (g)  "Motor vehicle" has the same meaning as provided in s. 355 
206.01(23), Florida Statutes. 356 
 (h)  "Public highways" has the same meaning as provided in 357 
s. 206.01(11), Florida Statutes. 358 
 (3)  To receive a refund pursuant to this section, the fuel 359 
purchaser must apply to the Department of Revenue by December 360 
31, 2024. The refund application must include all of the 361 
following information: 362 
 (a)  The name and address of the person claiming the 363 
refund. 364 
 (b)  The names and addresses of up to three owners of 365 
farms, nurseries, forests, groves, orchards, vineyards, gardens, 366 
or apiaries whose agricultural products were shipped or 367 
hurricane debris was removed by the person seeking the refund 368 
pursuant to this section. 369 
 (c)  The sales invoice or other proof of purchase of the 370 
fuel which shows the number of gallons of fuel purchased, t he 371 
type of fuel purchased, the date of purchase, and the name and 372 
place of business of the dealer from whom the fuel was 373 
purchased. 374 
 (d)  The license number or other identification number of 375     
 
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the motor vehicle that used the exempt fuel. 376 
 (e)  An affidavit executed by the person seeking the refund 377 
pursuant to this section, including a statement that he or she 378 
purchased and used the fuel for which the refund is being 379 
claimed during the period from August 30, 2023, through June 30, 380 
2024, for an agricultural shi pment or hurricane debris removal. 381 
 (4)  A person furnishing a false affidavit to the 382 
Department of Revenue pursuant to subsection (3) is subject to 383 
the penalties set forth in s. 206.11, Florida Statutes, and as 384 
otherwise provided by law. 385 
 (5)  The tax imposed under s. 212.0501, Florida Statutes, 386 
does not apply to fuel that is exempt under this section and for 387 
which a fuel purchaser received a refund under this section. 388 
 (6)  This section is deemed a revenue law for the purposes 389 
of ss. 213.05 and 213.06, Fl orida Statutes, and s. 72.011, 390 
Florida Statutes, applies to this section. 391 
 (7)  This section operates retroactively to August 30, 392 
2023. 393 
 (8)  The Department of Revenue is authorized, and all 394 
conditions are deemed met, to adopt emergency rules pursuant to 395 
s. 120.54(4), Florida Statutes, for the purpose of implementing 396 
this section. Notwithstanding any other provision of law, 397 
emergency rules adopted pursuant to this subsection are 398 
effective until December 31, 2024, and may be renewed during the 399 
pendency of procedures to adopt permanent rules addressing the 400     
 
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subject of the emergency rules. 401 
 Section 5.  Section 215.5586, Florida Statutes, is amended 402 
to read: 403 
 215.5586  My Safe Florida Home Program. —There is 404 
established within the Department of Financial Service s the My 405 
Safe Florida Home Program. The department shall provide fiscal 406 
accountability, contract management, and strategic leadership 407 
for the program, consistent with this section. This section does 408 
not create an entitlement for property owners or obligate the 409 
state in any way to fund the inspection or retrofitting of 410 
residential property in this state. Implementation of this 411 
program is subject to annual legislative appropriations. It is 412 
the intent of the Legislature that , subject to the availability 413 
of funds, the My Safe Florida Home Program provide licensed 414 
inspectors to perform inspections for owners of site -built, 415 
single-family, residential properties and grants to eligible 416 
applicants as funding allows. The department shall implement the 417 
program in such a manner that the total amount of funding 418 
requested by accepted applications, whether for inspections, 419 
grants, or other services or assistance, does not exceed the 420 
total amount of available funds. If, after applications are 421 
processed and approved, funds re main available, the department 422 
may accept applications up to the available amount. The program 423 
shall develop and implement a comprehensive and coordinated 424 
approach for hurricane damage mitigation that may include the 425     
 
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following: 426 
 (1)  HURRICANE MITIGATION I NSPECTIONS.— 427 
 (a)  Licensed inspectors are to provide home inspections of 428 
site-built, single-family, residential properties for which a 429 
homestead exemption has been granted, to determine what 430 
mitigation measures are needed, what insurance premium discounts 431 
may be available, and what improvements to existing residential 432 
properties are needed to reduce the property's vulnerability to 433 
hurricane damage. An inspector may inspect a townhouse as 434 
defined in s. 481.203 to determine if opening protection 435 
mitigation as listed in paragraph (2)(e) would provide 436 
improvements to mitigate hurricane damage. 437 
 (b)  The Department of Financial Services shall contract 438 
with wind certification entities to provide hurricane mitigation 439 
inspections. The inspections provided to homeow ners, at a 440 
minimum, must include: 441 
 1.  A home inspection and report that summarizes the 442 
results and identifies recommended improvements a homeowner may 443 
take to mitigate hurricane damage. 444 
 2.  A range of cost estimates regarding the recommended 445 
mitigation improvements. 446 
 3.  Information regarding estimated premium discounts, 447 
correlated to the current mitigation features and the 448 
recommended mitigation improvements identified by the 449 
inspection. 450     
 
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 (c)  To qualify for selection by the department as a wind 451 
certification entity to provide hurricane mitigation 452 
inspections, the entity must, at a minimum, meet the following 453 
requirements: 454 
 1.  Use hurricane mitigation inspectors who are licensed or 455 
certified as: 456 
 a.  A building inspector under s. 468.607; 457 
 b.  A general, building, or residential contractor under s. 458 
489.111; 459 
 c.  A professional engineer under s. 471.015; 460 
 d.  A professional architect under s. 481.213; or 461 
 e.  A home inspector under s. 468.8314 and who have 462 
completed at least 3 hours of hurricane mitigation training 463 
approved by the Construction Industry Licensing Board, which 464 
training must include hurricane mitigation techniques, 465 
compliance with the uniform mitigation verification form, and 466 
completion of a proficiency exam. 467 
 2.  Use hurricane mitigation insp ectors who also have 468 
undergone drug testing and a background screening. The 469 
department may conduct criminal record checks of inspectors used 470 
by wind certification entities. Inspectors must submit a set of 471 
fingerprints to the department for state and nation al criminal 472 
history checks and must pay the fingerprint processing fee set 473 
forth in s. 624.501. The fingerprints must be sent by the 474 
department to the Department of Law Enforcement and forwarded to 475     
 
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the Federal Bureau of Investigation for processing. The re sults 476 
must be returned to the department for screening. The 477 
fingerprints must be taken by a law enforcement agency, 478 
designated examination center, or other department -approved 479 
entity. 480 
 3.  Provide a quality assurance program including a 481 
reinspection component. 482 
 (d)  An application for an inspection must contain a signed 483 
or electronically verified statement made under penalty of 484 
perjury that the applicant has submitted only a single 485 
application for that home. 486 
 (e)  The owner of a site -built, single-family, residential 487 
property or townhouse as defined in s. 481.203, for which a 488 
homestead exemption has been granted, may apply for and receive 489 
an inspection without also applying for a grant pursuant to 490 
subsection (2) and without meeting the requirements of paragr aph 491 
(2)(a). 492 
 (2)  MITIGATION GRANTS. —Financial grants shall be used to 493 
encourage single-family, site-built, owner-occupied, residential 494 
property owners to retrofit their properties to make them less 495 
vulnerable to hurricane damage. 496 
 (a)  For a homeowner to be eligible for a grant, the 497 
following criteria must be met: 498 
 1.  The homeowner must have been granted a homestead 499 
exemption on the home under chapter 196. 500     
 
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 2.  The home must be a dwelling with an insured value of 501 
$700,000 or less. Homeowners who are low -income persons, as 502 
defined in s. 420.0004(11), are exempt from this requirement. 503 
 3.  The home must undergo an acceptable hurricane 504 
mitigation inspection as provided in subsection (1). 505 
 4.  The building permit application for initial 506 
construction of the hom e must have been made before January 1, 507 
2008. 508 
 5.  The homeowner must agree to make his or her home 509 
available for inspection once a mitigation project is completed. 510 
 511 
An application for a grant must contain a signed or 512 
electronically verified statement made under penalty of perjury 513 
that the applicant has submitted only a single application and 514 
must have attached documents demonstrating the applicant meets 515 
the requirements of this paragraph. 516 
 (b)  All grants must be matched on the basis of $1 provided 517 
by the applicant for $2 provided by the state up to a maximum 518 
state contribution of $10,000 toward the actual cost of the 519 
mitigation project. 520 
 (c)  The program shall create a process in which 521 
contractors agree to participate and homeowners select from a 522 
list of participating contractors. All mitigation must be based 523 
upon the securing of all required local permits and inspections 524 
and must be performed by properly licensed contractors. 525     
 
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Hurricane mitigation inspectors qualifying for the program may 526 
also participate as mitigation contractors as long as the 527 
inspectors meet the department's qualifications and 528 
certification requirements for mitigation contractors. 529 
 (d)  Matching fund grants shall also be made available to 530 
local governments and nonprofit entities for proje cts that will 531 
reduce hurricane damage to single -family, site-built, owner-532 
occupied, residential property. The department shall liberally 533 
construe those requirements in favor of availing the state of 534 
the opportunity to leverage funding for the My Safe Flori da Home 535 
Program with other sources of funding. 536 
 (e)  When recommended by a hurricane mitigation inspection, 537 
grants for eligible homes may be used for the following 538 
improvements: 539 
 1.  Opening protection. 540 
 2.  Exterior doors, including garage doors. 541 
 3.  Reinforcing roof-to-wall connections. 542 
 4.  Improving the strength of roof -deck attachments. 543 
 5.  Secondary water barrier for roof. 544 
 (f)  When recommended by a hurricane mitigation inspection, 545 
grants for townhouses, as defined in s. 481.203, may only be 546 
used for opening protection. 547 
 548 
The department may require that improvements be made to all 549 
openings, including exterior doors and garage doors, as a 550     
 
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condition of reimbursing a homeowner approved for a grant. The 551 
department may adopt, by rule, the maximum grant al lowances for 552 
any improvement allowable under paragraph (e) or this paragraph. 553 
 (g)  Grants may be used on a previously inspected existing 554 
structure or on a rebuild. A rebuild is defined as a site -built, 555 
single-family dwelling under construction to replace a home that 556 
was destroyed or significantly damaged by a hurricane and deemed 557 
unlivable by a regulatory authority. The homeowner must be a 558 
low-income homeowner as defined in paragraph (h), must have had 559 
a homestead exemption for that home before the hurrica ne, and 560 
must be intending to rebuild the home as that homeowner's 561 
homestead. 562 
 (h)  Low-income homeowners, as defined in s. 420.0004(11), 563 
who otherwise meet the requirements of paragraphs (a), (c), (e), 564 
and (g) are eligible for a grant of up to $10,000 and are not 565 
required to provide a matching amount to receive the grant. The 566 
program may accept a certification directly from a low -income 567 
homeowner that the homeowner meets the requirements of s. 568 
420.0004(11) if the homeowner provides such certification in a 569 
signed or electronically verified statement made under penalty 570 
of perjury. 571 
 (i)  The department shall develop a process that ensures 572 
the most efficient means to collect and verify grant 573 
applications to determine eligibility and may direct hurricane 574 
mitigation inspectors to collect and verify grant application 575     
 
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information or use the Internet or other electronic means to 576 
collect information and determine eligibility. 577 
 (3)  EDUCATION, CONSUMER AWARENESS, AND OUTREACH. — 578 
 (a)  The department may undertake a statewide multimedia 579 
public outreach and advertising campaign to inform consumers of 580 
the availability and benefits of hurricane inspections and of 581 
the safety and financial benefits of residential hurricane 582 
damage mitigation. The department may seek out and use local, 583 
state, federal, and private funds to support the campaign. 584 
 (b)  The program may develop brochures for distribution to 585 
Citizens Property Insurance Corporation, general contractors, 586 
roofing contractors, and real estate brokers and sales 587 
associates who are licensed under part I of chapter 475 which 588 
provide information on the benefits to homeowners of residential 589 
hurricane damage mitigation. Citizens Property Insurance 590 
Corporation is encouraged to distribute the brochure to 591 
policyholders of the cor poration. Contractors are encouraged to 592 
distribute the brochures to homeowners at the first meeting with 593 
a homeowner who is considering contracting for home or roof 594 
repair or contracting for the construction of a new home. Real 595 
estate brokers and sales ass ociates are encouraged to distribute 596 
the brochure to clients before the purchase of a home. The 597 
brochures may be made available electronically. 598 
 (4)  FUNDING.—The department may seek out and leverage 599 
local, state, federal, or private funds to enhance the f inancial 600     
 
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resources of the program. 601 
 (5)  RULES.—The Department of Financial Services shall 602 
adopt rules pursuant to ss. 120.536(1) and 120.54 to govern the 603 
program; implement the provisions of this section; including 604 
rules governing hurricane mitigation ins pections and grants, 605 
mitigation contractors, and training of inspectors and 606 
contractors; and carry out the duties of the department under 607 
this section. 608 
 (6)  HURRICANE MITIGATION INSPECTOR LIST. —The department 609 
shall develop and maintain as a public record a current list of 610 
hurricane mitigation inspectors authorized to conduct hurricane 611 
mitigation inspections pursuant to this section. 612 
 (7)  CONTRACT MANAGEMENT. — 613 
 (a)  The department may contract with third parties for 614 
grants management, inspection services, contractor services for 615 
low-income homeowners, information technology, educational 616 
outreach, and auditing services. Such contracts are considered 617 
direct costs of the program and are not subject to 618 
administrative cost limits. The department shall contract w ith 619 
providers that have a demonstrated record of successful business 620 
operations in areas directly related to the services to be 621 
provided and shall ensure the highest accountability for use of 622 
state funds, consistent with this section. 623 
 (b)  The department shall implement a quality assurance and 624 
reinspection program that determines whether initial inspections 625     
 
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and home improvements are completed in a manner consistent with 626 
the intent of the program. The department may use valid random 627 
sampling in order to per form the quality assurance portion of 628 
the program. 629 
 (8)  INTENT.—It is the intent of the Legislature that 630 
grants made to residential property owners under this section 631 
shall be considered disaster -relief assistance within the 632 
meaning of s. 139 of the Inter nal Revenue Code of 1986, as 633 
amended. 634 
 (9)  REPORTS.—The department shall make an annual report on 635 
the activities of the program that shall account for the use of 636 
state funds and indicate the number of inspections requested, 637 
the number of inspections perfo rmed, the number of grant 638 
applications received, the number and value of grants approved, 639 
and the estimated average annual amount of insurance premium 640 
discounts and total estimated annual amount of insurance premium 641 
discounts homeowners received from insur ers as a result of 642 
mitigation funded through the program. The report must be 643 
delivered to the President of the Senate and the Speaker of the 644 
House of Representatives by February 1 of each year. 645 
 Section 6.  (1)  For the 2023-2024 fiscal year, the sum of 646 
$176,170,000 in nonrecurring funds is appropriated from the 647 
General Revenue Fund to the Department of Financial Services to 648 
provide mitigation grants pursuant to s. 215.5586(2), Florida 649 
Statutes, under the My Safe Florida Home Program. Funds must be 650     
 
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used for applications submitted on or before October 15, 2023. 651 
The department may not continue to accept applications or to 652 
create a waiting list in anticipation of additional funding 653 
unless the Legislature provides express authority to implement 654 
such actions. 655 
 (2)  For the 2023-2024 fiscal year, the sum of $5,285,100 656 
in nonrecurring funds is appropriated from the General Revenue 657 
Fund to the Department of Financial Services for administrative 658 
costs related to implementation of mitigation grants pursuant to 659 
s. 215.5586(2), Florida Statutes, under the My Safe Florida Home 660 
Program. 661 
 Section 7.  Paragraph (d) is added to subsection (5) of 662 
section 252.37, Florida Statutes, to read: 663 
 252.37  Financing.— 664 
 (5)  Unless otherwise specified in the General 665 
Appropriations Act: 666 
 (d)  Subject to appropriation, and notwithstanding 667 
paragraph (a), the Legislature intends to provide the entire 668 
match requirement for Public Assistance Program grants to local 669 
governments within a county designated for individual assistance 670 
and public assistance (categories A -G) in the Federal Emergency 671 
Management Agency disaster declaration for Hurricane Idalia. 672 
Such local governments must enter into agreements with the 673 
division to have their portions of the match requirements waived 674 
and must agree to use an equal amount of funds toward further 675     
 
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disaster recovery or mitigation. Funds shall be allocated on a 676 
first-come, first-served basis. Notwithstanding paragraph (a), a 677 
local government in an agreement with the division under this 678 
paragraph is not requi red to provide one-half of the required 679 
match before it receives Public Assistance Program financial 680 
assistance. The division shall report quarterly to the Executive 681 
Office of the Governor and the chair of each legislative 682 
appropriations committee on the a mount of match requirements 683 
waived, agreements entered into with local governments, and the 684 
amount of remaining appropriated funds. This paragraph expires 685 
June 30, 2028. 686 
 Section 8.  For the 2023-2024 fiscal year, the nonrecurring 687 
sum of $30 million from the General Revenue Fund is appropriated 688 
to the Division of Emergency Management within the Executive 689 
Office of the Governor to provide the match requirement for 690 
Public Assistance Program grants pursuant to s. 252.37(5)(d), 691 
Florida Statutes, as created by this act. Appropriated funds may 692 
only be used to meet federal match requirements as provided in 693 
s. 252.37(5)(d), Florida Statutes, as created by this act. 694 
Notwithstanding s. 216.301, Florida Statutes, and pursuant to s. 695 
216.351, Florida Statutes, the bala nce of this appropriation 696 
which is not disbursed by June 30, 2024, may be carried forward 697 
for up to 5 years after the effective date of this act. 698 
 Section 9.  Subsection (8) of section 252.71, Florida 699 
Statutes, is amended to read: 700     
 
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 252.71  Florida Emerge ncy Management Assistance 701 
Foundation.— 702 
 (8)  This section is repealed October 1, 2027 December 31, 703 
2024, unless reviewed and saved from repeal by the Legislature. 704 
 Section 10.  Paragraph (c) of subsection (3) of section 705 
288.066, Florida Statutes, is amen ded to read: 706 
 288.066  Local Government Emergency Revolving Bridge Loan 707 
Program.— 708 
 (3)  LOAN TERMS.— 709 
 (c)  The term of the loan is up to 5 years 24 months. 710 
However, the department may extend loan terms for up to 6 months 711 
based on the local government's fin ancial condition. 712 
 Section 11.  The Department of Commerce is authorized to 713 
amend a loan agreement executed before November 1, 2023, and 714 
made pursuant to s. 288.066, Florida Statutes, in order to 715 
increase the loan term to a total of 5 years from the orig inal 716 
date of execution, as authorized by this act, upon request of 717 
the local government and as determined by the department to be 718 
in the best interests of the state. 719 
 Section 12.  (1)  For the 2023-2024 fiscal year, the 720 
nonrecurring sum of $25 million fr om the Local Government 721 
Housing Trust Fund is appropriated in the Affordable Housing for 722 
Hurricane Recovery appropriation category to the Florida Housing 723 
Finance Corporation. The corporation shall use these funds for 724 
hurricane recovery purposes through the Hurricane Housing 725     
 
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Recovery Program, to be administered in accordance with part VII 726 
of chapter 420, Florida Statutes, for eligible counties and 727 
municipalities based on Hurricane Idalia Federal Emergency 728 
Management Agency damage assessment data and populati on. 729 
Hurricane recovery purposes may include, but are not limited to, 730 
any of the following: 731 
 (a)  Site preparation, demolition, repair, and replacement 732 
of housing. 733 
 (b)  Repair, replacement, and relocation assistance for 734 
manufactured homes. 735 
 (c)  Acquisition of building materials for home repair and 736 
construction. 737 
 (d)  Assistance to homeowners to pay insurance deductibles. 738 
 (e)  Down payment assistance. 739 
 (f)  Housing reentry assistance, such as security deposits, 740 
utility deposits, and temporary sto rage of household 741 
furnishings. 742 
 (2)  The Florida Housing Finance Corporation shall 743 
coordinate with the Division of Emergency Management within the 744 
Executive Office of the Governor and the Department of Commerce 745 
to prevent duplication of benefits related to other state or 746 
federal programs for recipients of funds appropriated under this 747 
section. 748 
 Section 13.  (1)  For the 2023-2024 fiscal year, the 749 
nonrecurring sum of $50 million from the General Revenue Fund is 750     
 
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appropriated to the Division of Emergency Man agement within the 751 
Executive Office of the Governor to provide grants or loans for 752 
hurricane repair and recovery projects within counties 753 
designated for individual assistance and public assistance 754 
(categories A-G) in the Federal Emergency Management Agency 755 
disaster declaration for Hurricane Idalia. Local governments, 756 
independent special districts, and school boards, including 757 
charter schools, may apply to the division for the appropriated 758 
funds in a manner designated by the division. At the time of the 759 
application, a local government, an independent special 760 
district, or a school board requesting funding for 761 
infrastructure repair, beach renourishment projects, or dredging 762 
of public waterway projects must have secured matching funds of 763 
at least 50 percent of t he project costs. The matching 764 
requirement for a project within a fiscally constrained county 765 
may be waived. 766 
 (2)  Applications to the division must contain a 767 
certification that includes, but is not limited to, both of the 768 
following statements: 769 
 (a)  That the funding requested is necessary to maintain 770 
services or infrastructure essential to support health, safety, 771 
and welfare functions, and to reimburse the local government, 772 
independent special district, or school board for unanticipated 773 
expenses related to responding to Hurricane Idalia or for the 774 
loss of revenues related to the impact of Hurricane Idalia. 775     
 
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 (b)  That insufficient state funds, federal funds, private 776 
funds, or insurance proceeds are available and that should 777 
sufficient funds subsequently beco me available to meet the need 778 
of the original application, the local government or entity will 779 
reimburse the state in the amount of such funds subsequently 780 
received. 781 
 (3)  The division is authorized to request budget 782 
amendments up to $50 million which requ est the release of funds 783 
pursuant to chapter 216, Florida Statutes, to provide resources 784 
to fund gaps in the following projects: 785 
 (a)  Mitigation of local and county revenue losses and 786 
operating deficits. 787 
 (b)  Infrastructure repair and replacement, includ ing road, 788 
sewer, and water facilities. 789 
 (c)  Beach renourishment. 790 
 (d)  Debris removal. 791 
 (e)  Dredging of public waterways. 792 
 (4)  The division shall coordinate with other state 793 
agencies and the local government, independent special district, 794 
or school board to ensure there is no duplication of benefits 795 
between these funds and other funding sources, such as insurance 796 
proceeds and any other federal or state programs, including 797 
Public Assistance Program requests to the Federal Emergency 798 
Management Agency and C ommunity Development Block Grant Disaster 799 
Recovery grants. Applications approved by the division for 800     
 
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funding which are for projects ineligible for any other funding 801 
sources, whether federal or state programs, may be provided as 802 
grants. Funding for requests approved by the division, which 803 
requests are for projects eligible for other funding sources, 804 
must be provided as loans that must be repayable up to the 805 
amount of other funding sources subsequently received. Any funds 806 
reimbursed to the state must be depos ited in the General Revenue 807 
Fund. 808 
 Section 14.  For the 2023-2024 fiscal year, the 809 
nonrecurring sum of $10 million from the State Transportation 810 
Trust Fund is appropriated to the Department of Transportation 811 
for transportation projects under the Small Co unty Outreach 812 
Program under s. 339.2818, Florida Statutes, within counties 813 
designated for individual assistance and public assistance 814 
(categories A-G) in the Federal Emergency Management Agency 815 
disaster declaration for Hurricane Idalia. 816 
 Section 15.  Section 14 of chapter 2023 -304, Laws of 817 
Florida, is amended to read: 818 
 Section 14.  (1)  Due to the impacts of Hurricane Ian, 819 
Charlotte, Collier, Desoto, Glades, Hardee, Hendry, Highlands, 820 
Lee, Manatee, and Sarasota Counties, and any a county or 821 
municipality located within one of those counties, may entirely 822 
or partially within 100 miles of where either Hurricane Ian or 823 
Hurricane Nicole made landfall shall not propose or adopt any 824 
moratorium on construction, reconstruction, or redevelopment of 825     
 
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any property damaged by Hurricane Ian or Hurricane Nicole; 826 
propose or adopt more restrictive or burdensome amendments to 827 
its comprehensive plan or land development regulations; or 828 
propose or adopt more restrictive or burdensome procedures 829 
concerning review, approval, or issuance of a site plan, 830 
development permit, or development order, to the extent that 831 
those terms are defined by s. 163.3164, Florida Statutes, before 832 
October 1, 2026 2024, and any such moratorium or restrictive or 833 
burdensome comprehensive plan amendment, land development 834 
regulation, or procedure shall be null and void ab initio. This 835 
subsection applies retroactively to September 28, 2022. 836 
 (2)  Notwithstanding subsection (1), any comprehensive plan 837 
amendment, land development regulation amendment, site pla n, 838 
development permit, or development order approved or adopted by 839 
a county or municipality before or after the effective date of 840 
this section may be enforced if: 841 
 (a)  The associated application is initiated by a private 842 
party other than the county or mun icipality. 843 
 (b)  The property that is the subject of the application is 844 
owned by the initiating private party. 845 
 (3)  This section shall take effect upon becoming a law and 846 
expire June 30, 2027 2025. 847 
 Section 16.  (1)  For the 2023-2024 fiscal year, the 848 
nonrecurring sum of $3 million in Fixed Capital Outlay from the 849 
General Revenue Fund is appropriated to the Division of 850     
 
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Emergency Management within the Executive Office of the Governor 851 
to provide planning and design grants for new facilities for 852 
emergency operations to the following fiscally constrained 853 
counties impacted by Hurricane Idalia: Columbia, Dixie, 854 
Gilchrist, Hamilton, Jefferson, Lafayette, Levy, Madison, 855 
Suwannee, and Taylor counties. 856 
 (2)  Such fiscally constrained counties may apply to the 857 
division in a manner designated by the division for a grant to 858 
be used for engineering, planning, and design services. The 859 
division shall prioritize applications for grants that will fund 860 
public safety complexes, combining emergency operations, fire 861 
services, police services, emergency medical services, or 862 
dispatch in one facility. 863 
 (3)  The division must also conduct an assessment of need 864 
of the applicants and award grants based on the greatest need. 865 
The division, in awarding a grant, shall consider all of the 866 
following information: 867 
 (a)  Whether current structures are damaged or unsafe. 868 
 (b)  Whether current structures are aged or appropriately 869 
hurricane rated for the geographic location or proposed site. 870 
 (c)  The need for a consolidated and updated facility. 871 
 (d)  Whether the proposed facility can be expanded in the 872 
future as population increases or needs of the locality change. 873 
 Section 17.  Subsection (7) is added to section 288.0655, 874 
Florida Statutes, to read: 875     
 
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 288.0655  Rural Infrastructure Fund. — 876 
 (7)  For the 2023-2024 fiscal year, the Department of 877 
Commerce may award grants for the following fiscally constrained 878 
counties impacted by Hurricane Idalia: Columbia, Dixie, 879 
Gilchrist, Hamilton, Jefferson, Lafayette, Levy, Madison, 880 
Suwannee, and Taylor. The pu rpose of the grants is to facilitate 881 
the planning, preparing, and financing of infrastructure 882 
projects. Eligible uses of the grants include roads or other 883 
remedies to transportation impediments, stormwater systems, 884 
water or wastewater facilities, and telec ommunications 885 
facilities. This subsection expires July 1, 2024. 886 
 Section 18.  For the 2023-2024 fiscal year, the 887 
nonrecurring sum of $5 million in Fixed Capital Outlay from the 888 
General Revenue Fund is appropriated to the Department of 889 
Commerce for grants awarded pursuant to s. 288.0655(7), Florida 890 
Statutes, as created by this act. 891 
 Section 19.  Section 570.82, Florida Statutes, is repealed. 892 
 Section 20.  Section 570.822, Florida Statutes, is created 893 
to read: 894 
 570.822  Agriculture and Aquaculture Produ cers Natural 895 
Disaster Recovery Loan Program. — 896 
 (1)  DEFINITIONS.—As used in this section, the term: 897 
 (a)  "Bona fide farm operation" means a farm operation 898 
engaged in a good faith commercial agricultural use of land on 899 
land classified as agricultural pursu ant to s. 193.461 or on 900     
 
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sovereign submerged land that is leased to the applicant by the 901 
department pursuant to s. 597.010 and that produces agricultural 902 
products within the definition of agriculture under s. 570.02. 903 
 (b)  "Declared natural disaster" means a natural disaster 904 
for which a state of emergency is declared pursuant to s. 905 
252.36. 906 
 (c)  "Department" means the Department of Agriculture and 907 
Consumer Services. 908 
 (d)  "Essential physical property" means fences, equipment, 909 
structural production facilities , such as shade houses and 910 
greenhouses, or other agriculture or aquaculture facilities or 911 
infrastructure. 912 
 (e)  "Program" means the Agriculture and Aquaculture 913 
Producers Natural Disaster Recovery Loan Program. 914 
 (2)  USE OF LOAN FUNDS; LOAN TERMS. — 915 
 (a)  The program is established within the department to 916 
make loans to agriculture and aquaculture producers that have 917 
experienced damage or destruction from a declared natural 918 
disaster. Loan funds may be used to restore, repair, or replace 919 
essential physical pro perty or remove vegetative debris from 920 
essential physical property. A structure or building constructed 921 
using loan proceeds must comply with storm -hardening standards 922 
for nonresidential farm buildings as defined in s. 604.50(2). 923 
The department shall adopt such standards by rule. 924 
 (b)  The department may make a low -interest or interest -925     
 
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free loan to an eligible applicant. The maximum amount that an 926 
applicant may receive during the application period for a loan 927 
is $500,000. An applicant may not receive more than one loan per 928 
application period and no more than two loans per year or no 929 
more than five loans in any 3 -year period. A loan term is 10 930 
years. 931 
 (3)  ELIGIBLE APPLICANTS. —To be eligible for the program, 932 
an applicant must: 933 
 (a)  Own or lease a bona fide farm operation that is 934 
located in a county named in a declared natural disaster and 935 
that was damaged or destroyed as a result of such declared 936 
natural disaster. 937 
 (b)  Maintain complete and acceptable farm records, 938 
pursuant to criteria published by the depa rtment, and present 939 
them as proof of production levels and bona fide farm 940 
operations. 941 
 (4)  LOAN APPLICATION AND AGREEMENT. — 942 
 (a)  Requests for loans must be made by application to the 943 
department. Upon a determination that funding for loans is 944 
available, the department shall publicly notice an application 945 
period for the declared natural disaster, beginning within 60 946 
days after the date of the declared natural disaster and running 947 
up to 1 year after the date of the declared natural disaster or 948 
until all available loan funds are exhausted, whichever occurs 949 
first. 950     
 
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 (b)  An applicant must demonstrate the need for financial 951 
assistance and an ability to repay or meet a standard credit 952 
rating determined by the department. 953 
 (c)  Loans must be made pursuant to writte n agreements 954 
specifying the terms and conditions agreed to by the approved 955 
applicant and the department. The loan agreement must specify 956 
that the loan is due upon sale if the property or other 957 
collateral for the loan is sold. 958 
 (d)  An approved applicant mu st agree to stay in production 959 
for the duration of the loan. A loan is not assumable. 960 
 (5)  LOAN SECURITY REQUIREMENTS. —All loans must be secured 961 
by a lien, subordinate only to any mortgage held by a financial 962 
institution as defined in s. 655.005, on prope rty or other 963 
collateral as set forth in the loan agreement. The specific type 964 
of collateral required may vary depending upon the loan purpose, 965 
repayment ability, and the particular circumstances of the 966 
applicant. The department shall record the lien in pub lic 967 
records in the county where the property is located and, in the 968 
case of personal property, perfect the security interest by 969 
filing appropriate Uniform Commercial Code forms with the 970 
Florida Secured Transaction Registry as required pursuant to 971 
chapter 679. 972 
 (6)  LOAN REPAYMENT. — 973 
 (a)  A loan is due and payable in accordance with the terms 974 
of the loan agreement. 975     
 
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 (b)  The department shall defer payments for the first 3 976 
years of the loan. After 3 years, the department shall reduce 977 
the principal balance ann ually through the end of the loan term 978 
such that the original principal balance is reduced by 30 979 
percent. If the principal balance is repaid before the end of 980 
the 10th year, the applicant may not be required to pay more 981 
than 70 percent of the original prin cipal balance. The approved 982 
applicant must continue to be actively engaged in production in 983 
order to receive the original principal balance reductions and 984 
must continue to meet the loan agreement terms to the 985 
satisfaction of the department. 986 
 (c)  An approved applicant may make payments on the loan at 987 
any time without penalty. Early repayment is encouraged as other 988 
funding sources or revenues become available to the approved 989 
applicant. 990 
 (d)  All repayments of principal and interest, if 991 
applicable, received by the department in a fiscal year must be 992 
returned to the loan fund and made available for loans to other 993 
applicants in the next application period. 994 
 (e)  The department may periodically review an approved 995 
applicant to determine whether he or she con tinues to be in 996 
compliance with the terms of the loan agreement. If the 997 
department finds that an applicant is no longer in production or 998 
has otherwise violated the loan agreement, the department may 999 
seek repayment of the full original principal balance 1000     
 
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outstanding, including any interest or costs, as applicable, and 1001 
excluding any applied or anticipated original principal balance 1002 
reductions. 1003 
 (7)  ADMINISTRATION. — 1004 
 (a)  The department shall create and maintain a separate 1005 
account in the General Inspection Tru st Fund as a fund for the 1006 
program. All repayments must be returned to the loan fund and 1007 
made available as provided in this section. Notwithstanding s. 1008 
216.301, funds appropriated for the loan program are not subject 1009 
to reversion. The department shall manag e the fund, establishing 1010 
loan practices that must include, but are not limited to, 1011 
procedures for establishing loan interest rates, uses of 1012 
funding, application procedures, and application review 1013 
procedures. The department is authorized to contract with a 1014 
third-party administrator to administer the program and manage 1015 
the loan fund. A contract for a third -party administrator that 1016 
includes management of the loan fund must, at a minimum, require 1017 
maintenance of the loan fund to ensure that the program may 1018 
operate in a revolving manner. 1019 
 (b)  The department shall coordinate with other state 1020 
agencies and other entities to ensure to the greatest extent 1021 
possible that agriculture and aquaculture producers in this 1022 
state have access to the maximum financial assistance available 1023 
following a natural disaster. The coordination must endeavor to 1024 
ensure that there is no duplication of financial assistance 1025     
 
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between the loan program and other funding sources, such as any 1026 
federal or other state programs, including public assistan ce 1027 
requests to the Federal Emergency Management Agency or financial 1028 
assistance from the United States Department of Agriculture, 1029 
which could render the approved applicant ineligible for other 1030 
financial assistance. 1031 
 (8)  RULES.—The department shall adopt ru les to implement 1032 
this section. 1033 
 (9)  REPORTS.—By December 1, 2024, and each December 1 1034 
thereafter, the department shall provide a report on program 1035 
activities during the previous fiscal year to the President of 1036 
the Senate and the Speaker of the House of Re presentatives. The 1037 
report must include information on noticed application periods, 1038 
the number and value of loans awarded under the program for each 1039 
application period, the number and value of loans outstanding, 1040 
the number and value of any loan repayments r eceived, and an 1041 
anticipated repayment schedule for all loans. 1042 
 (10)  SUNSET.—This section expires July 1, 2043, unless 1043 
reviewed and saved from repeal through reenactment by the 1044 
Legislature. 1045 
 Section 21.  Subsection (3) of section 201.25, Florida 1046 
Statutes, is amended to read: 1047 
 201.25  Tax exemptions for certain loans. —There shall be 1048 
exempt from all taxes imposed by this chapter: 1049 
 (3)  Any loan made by the Agriculture and Aquaculture 1050     
 
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Producers Natural Disaster Recovery Loan Program pursuant to s. 1051 
570.822 Agricultural Economic Development Program pursuant to s. 1052 
570.82. 1053 
 Section 22.  The Department of Agriculture and Consumer 1054 
Services shall, and all conditions are deemed met to, adopt 1055 
emergency rules pursuant to s. 120.54(4), Florida Statutes, for 1056 
the purpose of implementing s. 570.822, Florida Statutes. 1057 
Notwithstanding any other law, emergency rules adopted pursuant 1058 
to this section are effective for 6 months after adoption and 1059 
may be renewed during the pendency of the procedure to adopt 1060 
permanent rules addre ssing the subject of the emergency rules. 1061 
 Section 23.  Within 30 days after this act becomes a law, 1062 
the Chief Financial Officer shall transfer $75 million in 1063 
nonrecurring funds from the General Revenue Fund to the General 1064 
Inspection Trust Fund within th e Department of Agriculture and 1065 
Consumer Services. For the 2023 -2024 fiscal year, the sum of $75 1066 
million in nonrecurring funds from the General Inspection Trust 1067 
Fund is appropriated in fixed capital outlay to the Department 1068 
of Agriculture and Consumer Serv ices for the Agriculture and 1069 
Aquaculture Producers Natural Disaster Recovery Loan Program 1070 
established pursuant to s. 570.822, Florida Statutes. The 1071 
department is authorized to use up to 5 percent of the 1072 
appropriated funds for administrative costs to implem ent the 1073 
program. Notwithstanding s. 570.822(4)(a), Florida Statutes, as 1074 
created by this act, in order for the department to adopt 1075     
 
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emergency rules and establish the administration of the program, 1076 
the department is authorized to publicly notice the opening o f 1077 
the application period for Hurricane Idalia no later than 60 1078 
days after this act becomes a law. 1079 
 Section 24.  (1)  For the 2023-2024 fiscal year, the sum of 1080 
$37.5 million in nonrecurring funds from the General Revenue 1081 
Fund in fixed capital outlay is ap propriated to the Department 1082 
of Agriculture and Consumer Services to administer a cost -1083 
sharing grant program to assist timber landowners in Charlotte, 1084 
Citrus, Columbia, Dixie, Gilchrist, Hamilton, Hernando, 1085 
Jefferson, Lafayette, Levy, Madison, Manatee, Pas co, Pinellas, 1086 
Sarasota, Suwannee, and Taylor Counties whose timber land was 1087 
damaged as a result of Hurricane Idalia. Grants made to eligible 1088 
timber landowners must be for up to 75 percent of the costs for 1089 
site preparation and tree replanting on lands class ified as 1090 
agricultural lands under s. 193.461, Florida Statutes. The 1091 
maximum grant award is $250,000. Site preparation work may 1092 
include downed tree removal by a variety of methods, including 1093 
mechanical harvesting or prescribed burns authorized by the 1094 
Florida Forest Service pursuant to s. 590.125, Florida Statutes. 1095 
The department may use up to $1 million of the appropriated 1096 
funds for administrative costs to implement the grant program. 1097 
 (2)  The department is authorized, and all conditions are 1098 
deemed met, to adopt emergency rules pursuant to s. 120.54(4), 1099 
Florida Statutes, for the purpose of implementing this section. 1100     
 
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Notwithstanding any other provision of law, emergency rules 1101 
adopted pursuant to this subsection are effective for 6 months 1102 
after adoption and ma y be renewed during the pendency of 1103 
procedures to adopt permanent rules addressing the subject of 1104 
the emergency rules. 1105 
 (3)  The department shall coordinate with other state 1106 
agencies and other entities to ensure to the greatest extent 1107 
possible that timber landowners have access to the maximum 1108 
financial assistance available following Hurricane Idalia. The 1109 
coordination must endeavor to ensure that there is no 1110 
duplication of financial assistance between these funds and 1111 
other funding sources, such as any federa l or other state 1112 
programs, including public assistance requests to the Federal 1113 
Emergency Management Agency or financial assistance from the 1114 
United States Department of Agriculture, which could render the 1115 
approved applicant ineligible for other financial as sistance. 1116 
 Section 25.  This act shall take effect upon becoming a 1117 
law. 1118