FL
Florida House Bill H0001

Florida 2023 3rd Special Session

Florida House Bill H0001 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14+A bill to be entitled 1
1515 An act relating to disaster relief; creating s. 2
1616 193.4518, F.S.; defining terms; providing a tangible 3
1717 personal property assessment limitation, during a 4
1818 certain timeframe and in certain counties, for certain 5
1919 agricultural equipment rendered unable to be used due 6
2020 to Hurricane Idalia; specifying conditions for 7
2121 applying for and receiving the assessment limitation; 8
2222 providing procedures for petitioning the value 9
2323 adjustment board if an application is denied; 10
2424 providing applicability; providing a sales tax 11
2525 exemption for the purchase, within a certain timeframe 12
2626 and in certain counties, of certain fencing materials 13
2727 used to replace or repair fences damaged by Hurricane 14
2828 Idalia on agricultural lands; specifying that the 15
2929 exemption is available only through a refund by the 16
3030 Department of Revenue of previously paid taxes; 17
3131 specifying requirements for applying for the refund; 18
3232 providing criminal penalties for furnishing a false 19
3333 affidavit; providing construction and retroactive 20
3434 applicability; authorizing the department to adopt 21
3535 emergency rules; providing a sales tax exemption for 22
3636 the purchase, within a certain timeframe and in 23
3737 certain counties, of building materials used to 24
3838 replace or repair nonresidential farm buildings 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
4848
4949
5050
5151 damaged by Hurricane Idalia; specifying that the 26
5252 exemption is available only through a refund by the 27
5353 department of previously paid taxes; defining the 28
5454 terms "building materials" and "nonresidential farm 29
5555 building"; specifying requirements for applying for 30
5656 the refund; providing criminal penalties for 31
5757 furnishing a false affidavit; providing construction 32
5858 and retroactive applicability; authorizing the 33
5959 department to adopt emergency rules; providing an 34
6060 exemption from certain fuel taxes for fuel purchased, 35
6161 within a certain timeframe, for use for agricultural 36
6262 shipment or hurricane debris removal after Hurricane 37
6363 Idalia; specifying that the exemption is available 38
6464 only through a refund by the department; defining 39
6565 terms; specifying requirements for applying for the 40
6666 refund; providing criminal penalties for furnishing a 41
6767 false affidavit; providing applicability and 42
6868 construction; providing for retroactive operation; 43
6969 authorizing the department to adopt emergency rules; 44
7070 amending s. 215.5586, F.S.; revising legislative 45
7171 intent; specifying a requirement for the Department of 46
7272 Financial Services in implementing the My Safe Florida 47
7373 Home Program; authorizing the department to accept 48
7474 applications for the program up to the amount of 49
7575 available funds; providing an appropriation for 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
8585
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8888 certain applications for the program; prohibiting the 51
8989 department from continuing to accept certain 52
9090 applications or creating a waiting list in 53
9191 anticipation of additional funding in the absence of 54
9292 express authority from the Legislature to do so; 55
9393 providing an appropriation for administration of the 56
9494 My Safe Florida Home program; amending s. 252.37, 57
9595 F.S.; providing legislative intent; requiring the 58
9696 Division of Emergency Management and local governments 59
9797 to enter into certain agreements to receive specified 60
9898 funds; providing requirements for such agreements; 61
9999 providing for allocation of funds; requiring the 62
100100 division to report progress on a certain timetable to 63
101101 specified parties; providing for expiration; providing 64
102102 an appropriation for the Public Assistance Program; 65
103103 providing requirements for appropriated funds; 66
104104 authorizing the undisbur sed appropriation to carry 67
105105 forward to a certain date; amending s. 252.71, F.S.; 68
106106 extending the date for future review and repeal of 69
107107 provisions related to the Florida Emergency Management 70
108108 Assistance Foundation; amending s. 288.066, F.S.; 71
109109 revising the maximum length of a loan term under the 72
110110 Local Government Emergency Revolving Bridge Loan 73
111111 Program; authorizing the Department of Commerce to 74
112112 amend certain previously executed loan agreements 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125125 under certain circumstances; providing an 76
126126 appropriation for the Hurricane Housing Recovery 77
127127 Program; requiring such appropriations to be used for 78
128128 specified purposes; requiring the Florida Housing 79
129129 Finance Corporation to coordinate with the division 80
130130 and the Department of Commerce for a specified 81
131131 purpose; providing an appropriation for hurricane 82
132132 repair and recovery projects within counties with a 83
133133 certain Federal Emergency Management Agency disaster 84
134134 designation; authorizing certain entities to apply for 85
135135 such appropriated funds; requiring such entities 86
136136 requesting funding for certain p urposes to secure 87
137137 certain matching funds by the time of making the 88
138138 application; requiring certain certifications for 89
139139 applications for appropriated funds; authorizing the 90
140140 division to request budget amendments up to a 91
141141 specified amount to fund gaps in certain projects; 92
142142 requiring the division and certain entities to 93
143143 coordinate for a specified purpose; specifying 94
144144 criteria for providing appropriated funds as grants or 95
145145 loans; requiring reimbursed funds to be deposited into 96
146146 the General Revenue Fund; providing for a ppropriations 97
147147 for the Small County Outreach Program for certain 98
148148 counties; amending chapter 2023 -304, Laws of Florida; 99
149149 revising a prohibition on counties and municipalities 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
159159
160160
161161
162162 proposing or adopting certain amendments to specified 101
163163 regulations; revising the expi ration date of such 102
164164 prohibition; providing an appropriation for certain 103
165165 planning and design grants; authorizing certain 104
166166 fiscally constrained counties to apply for 105
167167 appropriated funds; requiring the division to 106
168168 prioritize certain applications; requiring the 107
169169 division to conduct a certain assessment and consider 108
170170 certain information; amending s. 288.0655, F.S.; 109
171171 authorizing the Department of Commerce to award 110
172172 certain grants to certain fiscally constrained 111
173173 counties; providing a purpose and eligible uses for 112
174174 such grants; providing for expiration; providing an 113
175175 appropriation for the grants; repealing s. 570.82, 114
176176 F.S., relating to Agricultural Economic Development 115
177177 Program disaster loans and grants and aid; creating s. 116
178178 570.822, F.S.; defining terms; establishing the 117
179179 Agriculture and Aquaculture Producers Natural Disaster 118
180180 Recovery Loan Program within the Department of 119
181181 Agriculture and Consumer Services; providing the 120
182182 purpose of the program; establishing the authorized 121
183183 use of the loans; requiring that structures or 122
184184 buildings constructed with loan funds meet certain 123
185185 standards; requiring the department to adopt such 124
186186 standards by rule; requiring that the loans be low -125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
196196
197197
198198
199199 interest or interest -free; providing loan limits; 126
200200 establishing eligibility requirements for loans; 127
201201 establishing application periods; setting the terms of 128
202202 repayment; providing for a reduction in the principal 129
203203 balance by a certain amount each year; restricting the 130
204204 amount the department may use for deferred loans; 131
205205 requiring repayment upon the sale of the property 132
206206 within a certain timeframe; specifying requirements 133
207207 for the department in administering the program; 134
208208 requiring the department to create and maintain a 135
209209 separate account in the General Inspection Trust Fund 136
210210 for the program; requiring that loan payments be 137
211211 returned to the loan program; providing that 138
212212 appropriated funds are not subject to reversion; 139
213213 requiring the department, or a specified third -party 140
214214 administrator, to manage the loan fund; requiring the 141
215215 department to coordinate with certain entities; 142
216216 requiring the department to adopt rules; requiring the 143
217217 department to provide an annual report to the 144
218218 Legislature by a specified date; specifying 145
219219 requirements for the report; providing for the 146
220220 expiration of the program on a specified date, unless 147
221221 reviewed and saved from re peal by the Legislature; 148
222222 amending s. 201.25, F.S.; exempting loans made by the 149
223223 Agriculture and Aquaculture Producers Natural Disaster 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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234234
235235
236236 Recovery Loan Program from certain taxes; requiring 151
237237 the department to adopt emergency rules to implement 152
238238 the program; providing for the expiration of such 153
239239 authority; requiring the transfer of specified amounts 154
240240 from the General Revenue Fund to the General 155
241241 Inspection Trust Fund within the department within a 156
242242 specified timeframe; providing appropriations for 157
243243 specified programs; providing requirements for grant 158
244244 administration under such programs; specifying the 159
245245 amount the department may use to administer the 160
246246 programs; authorizing the department to adopt 161
247247 emergency rules to implement the cost -sharing grant 162
248248 program; requiring the dep artment to coordinate with 163
249249 certain entities; providing an effective date. 164
250250 165
251251 Be It Enacted by the Legislature of the State of Florida: 166
252252 167
253253 Section 1. Section 193.4518, Florida Statutes, is created 168
254254 to read: 169
255255 193.4518 Assessment of agricultural equipme nt rendered 170
256256 unable to be used due to Hurricane Idalia. — 171
257257 (1) As used in this section, the term: 172
258258 (a) "Farm" has the same meaning as provided in s. 173
259259 823.14(3). 174
260260 (b) "Farm operation" has the same meaning as provided in 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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271271
272272
273273 s. 823.14(3). 176
274274 (c) "Unable to be use d" means the tangible personal 177
275275 property was damaged, or the farm, farm operation, or 178
276276 agricultural processing facility was affected, to such a degree 179
277277 that the tangible personal property could not be used for its 180
278278 intended purpose. 181
279279 (2) For purposes of ad va lorem taxation and applying to 182
280280 the 2024 tax roll only, tangible personal property owned and 183
281281 operated by a farm, a farm operation, or an agriculture 184
282282 processing facility located in Charlotte, Citrus, Columbia, 185
283283 Dixie, Gilchrist, Hamilton, Hernando, Jefferson, Lafayette, 186
284284 Levy, Madison, Manatee, Pasco, Pinellas, Sarasota, Suwannee, or 187
285285 Taylor County is deemed to have a market value no greater than 188
286286 its value for salvage if the tangible personal property was 189
287287 unable to be used for at least 60 days due to the effects of 190
288288 Hurricane Idalia. 191
289289 (3) The deadline for an applicant to file an application 192
290290 with the property appraiser for assessment pursuant to this 193
291291 section is March 1, 2024. 194
292292 (4) If the property appraiser denies an application, the 195
293293 applicant may file, pursuant t o s. 194.011(3), a petition with 196
294294 the value adjustment board which requests that the tangible 197
295295 personal property be assessed pursuant to this section. Such 198
296296 petition must be filed on or before the 25th day after the 199
297297 mailing by the property appraiser during th e 2024 calendar year 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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308308
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310310 of the notice required under s. 194.011(1). 201
311311 (5) This section applies to tax rolls beginning January 1, 202
312312 2024. 203
313313 Section 2. Fencing materials purchased for use on 204
314314 agricultural lands due to Hurricane Idalia damage. — 205
315315 (1) The purchase of fencing materials used to replace or 206
316316 repair farm fences on land classified as agricultural under s. 207
317317 193.461, Florida Statutes, is exempt from the tax imposed under 208
318318 chapter 212, Florida Statutes, during the period from August 30, 209
319319 2023, through June 30, 2024, if the fencing materials will be or 210
320320 were used to replace or repair fences located in Charlotte, 211
321321 Citrus, Columbia, Dixie, Gilchrist, Hamilton, Hernando, 212
322322 Jefferson, Lafayette, Levy, Madison, Manatee, Pasco, Pinellas, 213
323323 Sarasota, Suwannee, or Taylor Count y that were damaged as a 214
324324 direct result of the impact of Hurricane Idalia. The exemption 215
325325 provided by this section is available only through a refund from 216
326326 the Department of Revenue of previously paid taxes. 217
327327 (2) To receive a refund pursuant to this section, the 218
328328 owner of the fencing materials or the real property into which 219
329329 the fencing materials were incorporated must apply to the 220
330330 Department of Revenue by December 31, 2024. The refund 221
331331 application must include the following information: 222
332332 (a) The name and address of the person claiming the 223
333333 refund. 224
334334 (b) The address and assessment roll parcel number of the 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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345345
346346
347347 agricultural land on which the fencing materials were or will be 226
348348 used. 227
349349 (c) The sales invoice or other proof of purchase of the 228
350350 fencing materials which s hows the amount of sales tax paid, the 229
351351 date of purchase, and the name and address of the dealer from 230
352352 whom the materials were purchased. 231
353353 (d) An affidavit executed by the owner of the fencing 232
354354 materials or the real property into which the fencing materials 233
355355 were or will be incorporated, including a statement that the 234
356356 fencing materials were or will be used to replace or repair 235
357357 fencing damaged as a direct result of the impact of Hurricane 236
358358 Idalia. 237
359359 (3) A person furnishing a false affidavit to the 238
360360 Department of Revenue pursuant to subsection (2) is subject to 239
361361 the penalties set forth in s. 212.085, Florida Statutes, and as 240
362362 otherwise authorized by law. 241
363363 (4) This section is deemed a revenue law for the purposes 242
364364 of ss. 213.05 and 213.06, Florida Statutes, and s. 72. 011, 243
365365 Florida Statutes, applies to this section. 244
366366 (5) This section operates retroactively to August 30, 245
367367 2023. 246
368368 (6) The Department of Revenue is authorized, and all 247
369369 conditions are deemed met, to adopt emergency rules pursuant to 248
370370 s. 120.54(4), Florida Statu tes, for the purpose of implementing 249
371371 this section. Notwithstanding any other provision of law, 250
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
381381
382382
383383
384384 emergency rules adopted pursuant to this subsection are 251
385385 effective until December 31, 2024, and may be renewed during the 252
386386 pendency of procedures to adopt permanen t rules addressing the 253
387387 subject of the emergency rules. 254
388388 Section 3. Building materials used to replace or repair 255
389389 nonresidential farm buildings damaged by Hurricane Idalia. — 256
390390 (1) Building materials used to replace or repair a 257
391391 nonresidential farm building located in Charlotte, Citrus, 258
392392 Columbia, Dixie, Gilchrist, Hamilton, Hernando, Jefferson, 259
393393 Lafayette, Levy, Madison, Manatee, Pasco, Pinellas, Sarasota, 260
394394 Suwannee, or Taylor County that was damaged as a direct result 261
395395 of the impact of Hurricane Idalia and pur chased during the 262
396396 period from August 30, 2023, through June 30, 2024, are exempt 263
397397 from the tax imposed under chapter 212, Florida Statutes. The 264
398398 exemption provided by this section is available only through a 265
399399 refund from the Department of Revenue of previousl y paid taxes. 266
400400 (2) As used in this section, the term: 267
401401 (a) "Building materials" means tangible personal property 268
402402 that becomes a component part of a nonresidential farm building. 269
403403 (b) "Nonresidential farm building" has the same meaning as 270
404404 provided in s. 604.50(2), Florida Statutes. 271
405405 (3) To receive a refund pursuant to this section, the 272
406406 owner of the building materials or of the real property into 273
407407 which the building materials will be or were incorporated must 274
408408 apply to the Department of Revenue by December 31, 2024. The 275
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417417 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
418418
419419
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421421 refund application must include all of the following 276
422422 information: 277
423423 (a) The name and address of the person claiming the 278
424424 refund. 279
425425 (b) The address and assessment roll parcel number of the 280
426426 real property where the building materials were or will be used. 281
427427 (c) The sales invoice or other proof of purchase of the 282
428428 building materials which shows the amount of sales tax paid, the 283
429429 date of purchase, and the name and address of the dealer from 284
430430 whom the materials were purchased. 285
431431 (d) An affidavit execute d by the owner of the building 286
432432 materials or the real property into which the building materials 287
433433 will be or were incorporated, including a statement that the 288
434434 building materials were or will be used to replace or repair the 289
435435 nonresidential farm building damag ed as a direct result of the 290
436436 impact of Hurricane Idalia. 291
437437 (4) A person furnishing a false affidavit to the 292
438438 Department of Revenue pursuant to subsection (3) is subject to 293
439439 the penalties set forth in s. 212.085, Florida Statutes, and as 294
440440 otherwise provided by law. 295
441441 (5) This section is deemed a revenue law for the purposes 296
442442 of ss. 213.05 and 213.06, Florida Statutes, and s. 72.011, 297
443443 Florida Statutes, applies to this section. 298
444444 (6) This section operates retroactively to August 30, 299
445445 2023. 300
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454454 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
455455
456456
457457
458458 (7) The Department of Re venue is authorized, and all 301
459459 conditions are deemed met, to adopt emergency rules pursuant to 302
460460 s. 120.54(4), Florida Statutes, for the purpose of implementing 303
461461 this section. Notwithstanding any other provision of law, 304
462462 emergency rules adopted pursuant to this subsection are 305
463463 effective until December 31, 2024, and may be renewed during the 306
464464 pendency of procedures to adopt permanent rules addressing the 307
465465 subject of the emergency rules. 308
466466 Section 4. Refund of taxes on fuel used for agricultural 309
467467 shipment or hurrican e debris removal after Hurricane Idalia. — 310
468468 (1) Fuel purchased and used in this state during the 311
469469 period from August 30, 2023, through June 30, 2024, which is or 312
470470 was used in any motor vehicle driven or operated upon the public 313
471471 highways of this state for agr icultural shipment or hurricane 314
472472 debris removal is exempt from all state and county taxes 315
473473 authorized or imposed under parts I and II of chapter 206, 316
474474 Florida Statutes, excluding the taxes imposed under s. 317
475475 206.41(1)(a) and (h), Florida Statutes. The exemption provided 318
476476 by this section is available to the fuel purchaser in an amount 319
477477 equal to the fuel tax imposed on fuel that was purchased for 320
478478 agricultural shipment or hurricane debris removal during the 321
479479 period from August 30, 2023, through June 30, 2024. The 322
480480 exemption provided by this section is only available through a 323
481481 refund from the Department of Revenue. 324
482482 (2) As used in this section, the term: 325
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491491 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
492492
493493
494494
495495 (a) "Agricultural processing or storage facility" means 326
496496 property used or useful in separating, cleaning, processing , 327
497497 converting, packaging, handling, storing, and other activities 328
498498 necessary to prepare crops, livestock, related products, and 329
499499 other products of agriculture, and includes nonfarm facilities 330
500500 that produce agricultural products, in whole or in part, through 331
501501 natural processes, animal husbandry, and apiaries. 332
502502 (b) "Agricultural product" means the natural products of a 333
503503 farm, nursery, forest, grove, orchard, vineyard, garden, or 334
504504 apiary, including livestock as defined in s. 585.01, Florida 335
505505 Statutes. 336
506506 (c) "Agricultural shipment" means the transport of any 337
507507 agricultural product from a farm, nursery, forest, grove, 338
508508 orchard, vineyard, garden, or apiary located in Charlotte, 339
509509 Citrus, Columbia, Dixie, Gilchrist, Hamilton, Hernando, 340
510510 Jefferson, Lafayette, Levy, Madi son, Manatee, Pasco, Pinellas, 341
511511 Sarasota, Suwannee, or Taylor County to an agricultural 342
512512 processing or storage facility. 343
513513 (d) "Fuel" means motor fuel or diesel fuel, as those terms 344
514514 are defined in ss. 206.01(9) and 206.86(1), Florida Statutes, 345
515515 respectively. 346
516516 (e) "Fuel tax" means all state and county taxes authorized 347
517517 or imposed on fuel under chapter 206, Florida Statutes. 348
518518 (f) "Hurricane debris removal" means the transport of 349
519519 Hurricane Idalia debris from a farm, nursery, forest, grove, 350
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528528 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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530530
531531
532532 orchard, vineyard, gar den, or apiary located in Charlotte, 351
533533 Citrus, Columbia, Dixie, Gilchrist, Hamilton, Hernando, 352
534534 Jefferson, Lafayette, Levy, Madison, Manatee, Pasco, Pinellas, 353
535535 Sarasota, Suwannee, or Taylor County. 354
536536 (g) "Motor vehicle" has the same meaning as provided in s. 355
537537 206.01(23), Florida Statutes. 356
538538 (h) "Public highways" has the same meaning as provided in 357
539539 s. 206.01(11), Florida Statutes. 358
540540 (3) To receive a refund pursuant to this section, the fuel 359
541541 purchaser must apply to the Department of Revenue by December 360
542542 31, 2024. The refund application must include all of the 361
543543 following information: 362
544544 (a) The name and address of the person claiming the 363
545545 refund. 364
546546 (b) The names and addresses of up to three owners of 365
547547 farms, nurseries, forests, groves, orchards, vineyards, gardens, 366
548548 or apiaries whose agricultural products were shipped or 367
549549 hurricane debris was removed by the person seeking the refund 368
550550 pursuant to this section. 369
551551 (c) The sales invoice or other proof of purchase of the 370
552552 fuel which shows the number of gallons of fuel purchased, t he 371
553553 type of fuel purchased, the date of purchase, and the name and 372
554554 place of business of the dealer from whom the fuel was 373
555555 purchased. 374
556556 (d) The license number or other identification number of 375
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565565 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566566
567567
568568
569569 the motor vehicle that used the exempt fuel. 376
570570 (e) An affidavit executed by the person seeking the refund 377
571571 pursuant to this section, including a statement that he or she 378
572572 purchased and used the fuel for which the refund is being 379
573573 claimed during the period from August 30, 2023, through June 30, 380
574574 2024, for an agricultural shi pment or hurricane debris removal. 381
575575 (4) A person furnishing a false affidavit to the 382
576576 Department of Revenue pursuant to subsection (3) is subject to 383
577577 the penalties set forth in s. 206.11, Florida Statutes, and as 384
578578 otherwise provided by law. 385
579579 (5) The tax imposed under s. 212.0501, Florida Statutes, 386
580580 does not apply to fuel that is exempt under this section and for 387
581581 which a fuel purchaser received a refund under this section. 388
582582 (6) This section is deemed a revenue law for the purposes 389
583583 of ss. 213.05 and 213.06, Fl orida Statutes, and s. 72.011, 390
584584 Florida Statutes, applies to this section. 391
585585 (7) This section operates retroactively to August 30, 392
586586 2023. 393
587587 (8) The Department of Revenue is authorized, and all 394
588588 conditions are deemed met, to adopt emergency rules pursuant to 395
589589 s. 120.54(4), Florida Statutes, for the purpose of implementing 396
590590 this section. Notwithstanding any other provision of law, 397
591591 emergency rules adopted pursuant to this subsection are 398
592592 effective until December 31, 2024, and may be renewed during the 399
593593 pendency of procedures to adopt permanent rules addressing the 400
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602602 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603603
604604
605605
606606 subject of the emergency rules. 401
607607 Section 5. Section 215.5586, Florida Statutes, is amended 402
608608 to read: 403
609609 215.5586 My Safe Florida Home Program. —There is 404
610610 established within the Department of Financial Service s the My 405
611611 Safe Florida Home Program. The department shall provide fiscal 406
612612 accountability, contract management, and strategic leadership 407
613613 for the program, consistent with this section. This section does 408
614614 not create an entitlement for property owners or obligate the 409
615615 state in any way to fund the inspection or retrofitting of 410
616616 residential property in this state. Implementation of this 411
617617 program is subject to annual legislative appropriations. It is 412
618618 the intent of the Legislature that , subject to the availability 413
619619 of funds, the My Safe Florida Home Program provide licensed 414
620620 inspectors to perform inspections for owners of site -built, 415
621621 single-family, residential properties and grants to eligible 416
622622 applicants as funding allows. The department shall implement the 417
623623 program in such a manner that the total amount of funding 418
624624 requested by accepted applications, whether for inspections, 419
625625 grants, or other services or assistance, does not exceed the 420
626626 total amount of available funds. If, after applications are 421
627627 processed and approved, funds re main available, the department 422
628628 may accept applications up to the available amount. The program 423
629629 shall develop and implement a comprehensive and coordinated 424
630630 approach for hurricane damage mitigation that may include the 425
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639639 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640640
641641
642642
643643 following: 426
644644 (1) HURRICANE MITIGATION I NSPECTIONS.— 427
645645 (a) Licensed inspectors are to provide home inspections of 428
646646 site-built, single-family, residential properties for which a 429
647647 homestead exemption has been granted, to determine what 430
648648 mitigation measures are needed, what insurance premium discounts 431
649649 may be available, and what improvements to existing residential 432
650650 properties are needed to reduce the property's vulnerability to 433
651651 hurricane damage. An inspector may inspect a townhouse as 434
652652 defined in s. 481.203 to determine if opening protection 435
653653 mitigation as listed in paragraph (2)(e) would provide 436
654654 improvements to mitigate hurricane damage. 437
655655 (b) The Department of Financial Services shall contract 438
656656 with wind certification entities to provide hurricane mitigation 439
657657 inspections. The inspections provided to homeow ners, at a 440
658658 minimum, must include: 441
659659 1. A home inspection and report that summarizes the 442
660660 results and identifies recommended improvements a homeowner may 443
661661 take to mitigate hurricane damage. 444
662662 2. A range of cost estimates regarding the recommended 445
663663 mitigation improvements. 446
664664 3. Information regarding estimated premium discounts, 447
665665 correlated to the current mitigation features and the 448
666666 recommended mitigation improvements identified by the 449
667667 inspection. 450
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676676 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677677
678678
679679
680680 (c) To qualify for selection by the department as a wind 451
681681 certification entity to provide hurricane mitigation 452
682682 inspections, the entity must, at a minimum, meet the following 453
683683 requirements: 454
684684 1. Use hurricane mitigation inspectors who are licensed or 455
685685 certified as: 456
686686 a. A building inspector under s. 468.607; 457
687687 b. A general, building, or residential contractor under s. 458
688688 489.111; 459
689689 c. A professional engineer under s. 471.015; 460
690690 d. A professional architect under s. 481.213; or 461
691691 e. A home inspector under s. 468.8314 and who have 462
692692 completed at least 3 hours of hurricane mitigation training 463
693693 approved by the Construction Industry Licensing Board, which 464
694694 training must include hurricane mitigation techniques, 465
695695 compliance with the uniform mitigation verification form, and 466
696696 completion of a proficiency exam. 467
697697 2. Use hurricane mitigation insp ectors who also have 468
698698 undergone drug testing and a background screening. The 469
699699 department may conduct criminal record checks of inspectors used 470
700700 by wind certification entities. Inspectors must submit a set of 471
701701 fingerprints to the department for state and nation al criminal 472
702702 history checks and must pay the fingerprint processing fee set 473
703703 forth in s. 624.501. The fingerprints must be sent by the 474
704704 department to the Department of Law Enforcement and forwarded to 475
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713713 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714714
715715
716716
717717 the Federal Bureau of Investigation for processing. The re sults 476
718718 must be returned to the department for screening. The 477
719719 fingerprints must be taken by a law enforcement agency, 478
720720 designated examination center, or other department -approved 479
721721 entity. 480
722722 3. Provide a quality assurance program including a 481
723723 reinspection component. 482
724724 (d) An application for an inspection must contain a signed 483
725725 or electronically verified statement made under penalty of 484
726726 perjury that the applicant has submitted only a single 485
727727 application for that home. 486
728728 (e) The owner of a site -built, single-family, residential 487
729729 property or townhouse as defined in s. 481.203, for which a 488
730730 homestead exemption has been granted, may apply for and receive 489
731731 an inspection without also applying for a grant pursuant to 490
732732 subsection (2) and without meeting the requirements of paragr aph 491
733733 (2)(a). 492
734734 (2) MITIGATION GRANTS. —Financial grants shall be used to 493
735735 encourage single-family, site-built, owner-occupied, residential 494
736736 property owners to retrofit their properties to make them less 495
737737 vulnerable to hurricane damage. 496
738738 (a) For a homeowner to be eligible for a grant, the 497
739739 following criteria must be met: 498
740740 1. The homeowner must have been granted a homestead 499
741741 exemption on the home under chapter 196. 500
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750750 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751751
752752
753753
754754 2. The home must be a dwelling with an insured value of 501
755755 $700,000 or less. Homeowners who are low -income persons, as 502
756756 defined in s. 420.0004(11), are exempt from this requirement. 503
757757 3. The home must undergo an acceptable hurricane 504
758758 mitigation inspection as provided in subsection (1). 505
759759 4. The building permit application for initial 506
760760 construction of the hom e must have been made before January 1, 507
761761 2008. 508
762762 5. The homeowner must agree to make his or her home 509
763763 available for inspection once a mitigation project is completed. 510
764764 511
765765 An application for a grant must contain a signed or 512
766766 electronically verified statement made under penalty of perjury 513
767767 that the applicant has submitted only a single application and 514
768768 must have attached documents demonstrating the applicant meets 515
769769 the requirements of this paragraph. 516
770770 (b) All grants must be matched on the basis of $1 provided 517
771771 by the applicant for $2 provided by the state up to a maximum 518
772772 state contribution of $10,000 toward the actual cost of the 519
773773 mitigation project. 520
774774 (c) The program shall create a process in which 521
775775 contractors agree to participate and homeowners select from a 522
776776 list of participating contractors. All mitigation must be based 523
777777 upon the securing of all required local permits and inspections 524
778778 and must be performed by properly licensed contractors. 525
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787787 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788788
789789
790790
791791 Hurricane mitigation inspectors qualifying for the program may 526
792792 also participate as mitigation contractors as long as the 527
793793 inspectors meet the department's qualifications and 528
794794 certification requirements for mitigation contractors. 529
795795 (d) Matching fund grants shall also be made available to 530
796796 local governments and nonprofit entities for proje cts that will 531
797797 reduce hurricane damage to single -family, site-built, owner-532
798798 occupied, residential property. The department shall liberally 533
799799 construe those requirements in favor of availing the state of 534
800800 the opportunity to leverage funding for the My Safe Flori da Home 535
801801 Program with other sources of funding. 536
802802 (e) When recommended by a hurricane mitigation inspection, 537
803803 grants for eligible homes may be used for the following 538
804804 improvements: 539
805805 1. Opening protection. 540
806806 2. Exterior doors, including garage doors. 541
807807 3. Reinforcing roof-to-wall connections. 542
808808 4. Improving the strength of roof -deck attachments. 543
809809 5. Secondary water barrier for roof. 544
810810 (f) When recommended by a hurricane mitigation inspection, 545
811811 grants for townhouses, as defined in s. 481.203, may only be 546
812812 used for opening protection. 547
813813 548
814814 The department may require that improvements be made to all 549
815815 openings, including exterior doors and garage doors, as a 550
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824824 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825825
826826
827827
828828 condition of reimbursing a homeowner approved for a grant. The 551
829829 department may adopt, by rule, the maximum grant al lowances for 552
830830 any improvement allowable under paragraph (e) or this paragraph. 553
831831 (g) Grants may be used on a previously inspected existing 554
832832 structure or on a rebuild. A rebuild is defined as a site -built, 555
833833 single-family dwelling under construction to replace a home that 556
834834 was destroyed or significantly damaged by a hurricane and deemed 557
835835 unlivable by a regulatory authority. The homeowner must be a 558
836836 low-income homeowner as defined in paragraph (h), must have had 559
837837 a homestead exemption for that home before the hurrica ne, and 560
838838 must be intending to rebuild the home as that homeowner's 561
839839 homestead. 562
840840 (h) Low-income homeowners, as defined in s. 420.0004(11), 563
841841 who otherwise meet the requirements of paragraphs (a), (c), (e), 564
842842 and (g) are eligible for a grant of up to $10,000 and are not 565
843843 required to provide a matching amount to receive the grant. The 566
844844 program may accept a certification directly from a low -income 567
845845 homeowner that the homeowner meets the requirements of s. 568
846846 420.0004(11) if the homeowner provides such certification in a 569
847847 signed or electronically verified statement made under penalty 570
848848 of perjury. 571
849849 (i) The department shall develop a process that ensures 572
850850 the most efficient means to collect and verify grant 573
851851 applications to determine eligibility and may direct hurricane 574
852852 mitigation inspectors to collect and verify grant application 575
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861861 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862862
863863
864864
865865 information or use the Internet or other electronic means to 576
866866 collect information and determine eligibility. 577
867867 (3) EDUCATION, CONSUMER AWARENESS, AND OUTREACH. — 578
868868 (a) The department may undertake a statewide multimedia 579
869869 public outreach and advertising campaign to inform consumers of 580
870870 the availability and benefits of hurricane inspections and of 581
871871 the safety and financial benefits of residential hurricane 582
872872 damage mitigation. The department may seek out and use local, 583
873873 state, federal, and private funds to support the campaign. 584
874874 (b) The program may develop brochures for distribution to 585
875875 Citizens Property Insurance Corporation, general contractors, 586
876876 roofing contractors, and real estate brokers and sales 587
877877 associates who are licensed under part I of chapter 475 which 588
878878 provide information on the benefits to homeowners of residential 589
879879 hurricane damage mitigation. Citizens Property Insurance 590
880880 Corporation is encouraged to distribute the brochure to 591
881881 policyholders of the cor poration. Contractors are encouraged to 592
882882 distribute the brochures to homeowners at the first meeting with 593
883883 a homeowner who is considering contracting for home or roof 594
884884 repair or contracting for the construction of a new home. Real 595
885885 estate brokers and sales ass ociates are encouraged to distribute 596
886886 the brochure to clients before the purchase of a home. The 597
887887 brochures may be made available electronically. 598
888888 (4) FUNDING.—The department may seek out and leverage 599
889889 local, state, federal, or private funds to enhance the f inancial 600
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898898 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
899899
900900
901901
902902 resources of the program. 601
903903 (5) RULES.—The Department of Financial Services shall 602
904904 adopt rules pursuant to ss. 120.536(1) and 120.54 to govern the 603
905905 program; implement the provisions of this section; including 604
906906 rules governing hurricane mitigation ins pections and grants, 605
907907 mitigation contractors, and training of inspectors and 606
908908 contractors; and carry out the duties of the department under 607
909909 this section. 608
910910 (6) HURRICANE MITIGATION INSPECTOR LIST. —The department 609
911911 shall develop and maintain as a public record a current list of 610
912912 hurricane mitigation inspectors authorized to conduct hurricane 611
913913 mitigation inspections pursuant to this section. 612
914914 (7) CONTRACT MANAGEMENT. — 613
915915 (a) The department may contract with third parties for 614
916916 grants management, inspection services, contractor services for 615
917917 low-income homeowners, information technology, educational 616
918918 outreach, and auditing services. Such contracts are considered 617
919919 direct costs of the program and are not subject to 618
920920 administrative cost limits. The department shall contract w ith 619
921921 providers that have a demonstrated record of successful business 620
922922 operations in areas directly related to the services to be 621
923923 provided and shall ensure the highest accountability for use of 622
924924 state funds, consistent with this section. 623
925925 (b) The department shall implement a quality assurance and 624
926926 reinspection program that determines whether initial inspections 625
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935935 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
936936
937937
938938
939939 and home improvements are completed in a manner consistent with 626
940940 the intent of the program. The department may use valid random 627
941941 sampling in order to per form the quality assurance portion of 628
942942 the program. 629
943943 (8) INTENT.—It is the intent of the Legislature that 630
944944 grants made to residential property owners under this section 631
945945 shall be considered disaster -relief assistance within the 632
946946 meaning of s. 139 of the Inter nal Revenue Code of 1986, as 633
947947 amended. 634
948948 (9) REPORTS.—The department shall make an annual report on 635
949949 the activities of the program that shall account for the use of 636
950950 state funds and indicate the number of inspections requested, 637
951951 the number of inspections perfo rmed, the number of grant 638
952952 applications received, the number and value of grants approved, 639
953953 and the estimated average annual amount of insurance premium 640
954954 discounts and total estimated annual amount of insurance premium 641
955955 discounts homeowners received from insur ers as a result of 642
956956 mitigation funded through the program. The report must be 643
957957 delivered to the President of the Senate and the Speaker of the 644
958958 House of Representatives by February 1 of each year. 645
959959 Section 6. (1) For the 2023-2024 fiscal year, the sum of 646
960960 $176,170,000 in nonrecurring funds is appropriated from the 647
961961 General Revenue Fund to the Department of Financial Services to 648
962962 provide mitigation grants pursuant to s. 215.5586(2), Florida 649
963963 Statutes, under the My Safe Florida Home Program. Funds must be 650
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972972 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
973973
974974
975975
976976 used for applications submitted on or before October 15, 2023. 651
977977 The department may not continue to accept applications or to 652
978978 create a waiting list in anticipation of additional funding 653
979979 unless the Legislature provides express authority to implement 654
980980 such actions. 655
981981 (2) For the 2023-2024 fiscal year, the sum of $5,285,100 656
982982 in nonrecurring funds is appropriated from the General Revenue 657
983983 Fund to the Department of Financial Services for administrative 658
984984 costs related to implementation of mitigation grants pursuant to 659
985985 s. 215.5586(2), Florida Statutes, under the My Safe Florida Home 660
986986 Program. 661
987987 Section 7. Paragraph (d) is added to subsection (5) of 662
988988 section 252.37, Florida Statutes, to read: 663
989989 252.37 Financing.— 664
990990 (5) Unless otherwise specified in the General 665
991991 Appropriations Act: 666
992992 (d) Subject to appropriation, and notwithstanding 667
993993 paragraph (a), the Legislature intends to provide the entire 668
994994 match requirement for Public Assistance Program grants to local 669
995995 governments within a county designated for individual assistance 670
996996 and public assistance (categories A -G) in the Federal Emergency 671
997997 Management Agency disaster declaration for Hurricane Idalia. 672
998998 Such local governments must enter into agreements with the 673
999999 division to have their portions of the match requirements waived 674
10001000 and must agree to use an equal amount of funds toward further 675
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10091009 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10101010
10111011
10121012
10131013 disaster recovery or mitigation. Funds shall be allocated on a 676
10141014 first-come, first-served basis. Notwithstanding paragraph (a), a 677
10151015 local government in an agreement with the division under this 678
10161016 paragraph is not requi red to provide one-half of the required 679
10171017 match before it receives Public Assistance Program financial 680
10181018 assistance. The division shall report quarterly to the Executive 681
10191019 Office of the Governor and the chair of each legislative 682
10201020 appropriations committee on the a mount of match requirements 683
10211021 waived, agreements entered into with local governments, and the 684
10221022 amount of remaining appropriated funds. This paragraph expires 685
10231023 June 30, 2028. 686
10241024 Section 8. For the 2023-2024 fiscal year, the nonrecurring 687
10251025 sum of $30 million from the General Revenue Fund is appropriated 688
10261026 to the Division of Emergency Management within the Executive 689
10271027 Office of the Governor to provide the match requirement for 690
10281028 Public Assistance Program grants pursuant to s. 252.37(5)(d), 691
10291029 Florida Statutes, as created by this act. Appropriated funds may 692
10301030 only be used to meet federal match requirements as provided in 693
10311031 s. 252.37(5)(d), Florida Statutes, as created by this act. 694
10321032 Notwithstanding s. 216.301, Florida Statutes, and pursuant to s. 695
10331033 216.351, Florida Statutes, the bala nce of this appropriation 696
10341034 which is not disbursed by June 30, 2024, may be carried forward 697
10351035 for up to 5 years after the effective date of this act. 698
10361036 Section 9. Subsection (8) of section 252.71, Florida 699
10371037 Statutes, is amended to read: 700
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10461046 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10471047
10481048
10491049
10501050 252.71 Florida Emerge ncy Management Assistance 701
10511051 Foundation.— 702
10521052 (8) This section is repealed October 1, 2027 December 31, 703
10531053 2024, unless reviewed and saved from repeal by the Legislature. 704
10541054 Section 10. Paragraph (c) of subsection (3) of section 705
10551055 288.066, Florida Statutes, is amen ded to read: 706
10561056 288.066 Local Government Emergency Revolving Bridge Loan 707
10571057 Program.— 708
10581058 (3) LOAN TERMS.— 709
10591059 (c) The term of the loan is up to 5 years 24 months. 710
10601060 However, the department may extend loan terms for up to 6 months 711
10611061 based on the local government's fin ancial condition. 712
10621062 Section 11. The Department of Commerce is authorized to 713
10631063 amend a loan agreement executed before November 1, 2023, and 714
10641064 made pursuant to s. 288.066, Florida Statutes, in order to 715
10651065 increase the loan term to a total of 5 years from the orig inal 716
10661066 date of execution, as authorized by this act, upon request of 717
10671067 the local government and as determined by the department to be 718
10681068 in the best interests of the state. 719
10691069 Section 12. (1) For the 2023-2024 fiscal year, the 720
10701070 nonrecurring sum of $25 million fr om the Local Government 721
10711071 Housing Trust Fund is appropriated in the Affordable Housing for 722
10721072 Hurricane Recovery appropriation category to the Florida Housing 723
10731073 Finance Corporation. The corporation shall use these funds for 724
10741074 hurricane recovery purposes through the Hurricane Housing 725
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10831083 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10841084
10851085
10861086
10871087 Recovery Program, to be administered in accordance with part VII 726
10881088 of chapter 420, Florida Statutes, for eligible counties and 727
10891089 municipalities based on Hurricane Idalia Federal Emergency 728
10901090 Management Agency damage assessment data and populati on. 729
10911091 Hurricane recovery purposes may include, but are not limited to, 730
10921092 any of the following: 731
10931093 (a) Site preparation, demolition, repair, and replacement 732
10941094 of housing. 733
10951095 (b) Repair, replacement, and relocation assistance for 734
10961096 manufactured homes. 735
10971097 (c) Acquisition of building materials for home repair and 736
10981098 construction. 737
10991099 (d) Assistance to homeowners to pay insurance deductibles. 738
11001100 (e) Down payment assistance. 739
11011101 (f) Housing reentry assistance, such as security deposits, 740
11021102 utility deposits, and temporary sto rage of household 741
11031103 furnishings. 742
11041104 (2) The Florida Housing Finance Corporation shall 743
11051105 coordinate with the Division of Emergency Management within the 744
11061106 Executive Office of the Governor and the Department of Commerce 745
11071107 to prevent duplication of benefits related to other state or 746
11081108 federal programs for recipients of funds appropriated under this 747
11091109 section. 748
11101110 Section 13. (1) For the 2023-2024 fiscal year, the 749
11111111 nonrecurring sum of $50 million from the General Revenue Fund is 750
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11201120 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11211121
11221122
11231123
11241124 appropriated to the Division of Emergency Man agement within the 751
11251125 Executive Office of the Governor to provide grants or loans for 752
11261126 hurricane repair and recovery projects within counties 753
11271127 designated for individual assistance and public assistance 754
11281128 (categories A-G) in the Federal Emergency Management Agency 755
11291129 disaster declaration for Hurricane Idalia. Local governments, 756
11301130 independent special districts, and school boards, including 757
11311131 charter schools, may apply to the division for the appropriated 758
11321132 funds in a manner designated by the division. At the time of the 759
11331133 application, a local government, an independent special 760
11341134 district, or a school board requesting funding for 761
11351135 infrastructure repair, beach renourishment projects, or dredging 762
11361136 of public waterway projects must have secured matching funds of 763
11371137 at least 50 percent of t he project costs. The matching 764
11381138 requirement for a project within a fiscally constrained county 765
11391139 may be waived. 766
11401140 (2) Applications to the division must contain a 767
11411141 certification that includes, but is not limited to, both of the 768
11421142 following statements: 769
11431143 (a) That the funding requested is necessary to maintain 770
11441144 services or infrastructure essential to support health, safety, 771
11451145 and welfare functions, and to reimburse the local government, 772
11461146 independent special district, or school board for unanticipated 773
11471147 expenses related to responding to Hurricane Idalia or for the 774
11481148 loss of revenues related to the impact of Hurricane Idalia. 775
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11571157 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11581158
11591159
11601160
11611161 (b) That insufficient state funds, federal funds, private 776
11621162 funds, or insurance proceeds are available and that should 777
11631163 sufficient funds subsequently beco me available to meet the need 778
11641164 of the original application, the local government or entity will 779
11651165 reimburse the state in the amount of such funds subsequently 780
11661166 received. 781
11671167 (3) The division is authorized to request budget 782
11681168 amendments up to $50 million which requ est the release of funds 783
11691169 pursuant to chapter 216, Florida Statutes, to provide resources 784
11701170 to fund gaps in the following projects: 785
11711171 (a) Mitigation of local and county revenue losses and 786
11721172 operating deficits. 787
11731173 (b) Infrastructure repair and replacement, includ ing road, 788
11741174 sewer, and water facilities. 789
11751175 (c) Beach renourishment. 790
11761176 (d) Debris removal. 791
11771177 (e) Dredging of public waterways. 792
11781178 (4) The division shall coordinate with other state 793
11791179 agencies and the local government, independent special district, 794
11801180 or school board to ensure there is no duplication of benefits 795
11811181 between these funds and other funding sources, such as insurance 796
11821182 proceeds and any other federal or state programs, including 797
11831183 Public Assistance Program requests to the Federal Emergency 798
11841184 Management Agency and C ommunity Development Block Grant Disaster 799
11851185 Recovery grants. Applications approved by the division for 800
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11941194 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11951195
11961196
11971197
11981198 funding which are for projects ineligible for any other funding 801
11991199 sources, whether federal or state programs, may be provided as 802
12001200 grants. Funding for requests approved by the division, which 803
12011201 requests are for projects eligible for other funding sources, 804
12021202 must be provided as loans that must be repayable up to the 805
12031203 amount of other funding sources subsequently received. Any funds 806
12041204 reimbursed to the state must be depos ited in the General Revenue 807
12051205 Fund. 808
12061206 Section 14. For the 2023-2024 fiscal year, the 809
12071207 nonrecurring sum of $10 million from the State Transportation 810
12081208 Trust Fund is appropriated to the Department of Transportation 811
12091209 for transportation projects under the Small Co unty Outreach 812
12101210 Program under s. 339.2818, Florida Statutes, within counties 813
12111211 designated for individual assistance and public assistance 814
12121212 (categories A-G) in the Federal Emergency Management Agency 815
12131213 disaster declaration for Hurricane Idalia. 816
12141214 Section 15. Section 14 of chapter 2023 -304, Laws of 817
12151215 Florida, is amended to read: 818
12161216 Section 14. (1) Due to the impacts of Hurricane Ian, 819
12171217 Charlotte, Collier, Desoto, Glades, Hardee, Hendry, Highlands, 820
12181218 Lee, Manatee, and Sarasota Counties, and any a county or 821
12191219 municipality located within one of those counties, may entirely 822
12201220 or partially within 100 miles of where either Hurricane Ian or 823
12211221 Hurricane Nicole made landfall shall not propose or adopt any 824
12221222 moratorium on construction, reconstruction, or redevelopment of 825
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12311231 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
12321232
12331233
12341234
12351235 any property damaged by Hurricane Ian or Hurricane Nicole; 826
12361236 propose or adopt more restrictive or burdensome amendments to 827
12371237 its comprehensive plan or land development regulations; or 828
12381238 propose or adopt more restrictive or burdensome procedures 829
12391239 concerning review, approval, or issuance of a site plan, 830
12401240 development permit, or development order, to the extent that 831
12411241 those terms are defined by s. 163.3164, Florida Statutes, before 832
12421242 October 1, 2026 2024, and any such moratorium or restrictive or 833
12431243 burdensome comprehensive plan amendment, land development 834
12441244 regulation, or procedure shall be null and void ab initio. This 835
12451245 subsection applies retroactively to September 28, 2022. 836
12461246 (2) Notwithstanding subsection (1), any comprehensive plan 837
12471247 amendment, land development regulation amendment, site pla n, 838
12481248 development permit, or development order approved or adopted by 839
12491249 a county or municipality before or after the effective date of 840
12501250 this section may be enforced if: 841
12511251 (a) The associated application is initiated by a private 842
12521252 party other than the county or mun icipality. 843
12531253 (b) The property that is the subject of the application is 844
12541254 owned by the initiating private party. 845
12551255 (3) This section shall take effect upon becoming a law and 846
12561256 expire June 30, 2027 2025. 847
12571257 Section 16. (1) For the 2023-2024 fiscal year, the 848
12581258 nonrecurring sum of $3 million in Fixed Capital Outlay from the 849
12591259 General Revenue Fund is appropriated to the Division of 850
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12681268 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
12691269
12701270
12711271
12721272 Emergency Management within the Executive Office of the Governor 851
12731273 to provide planning and design grants for new facilities for 852
12741274 emergency operations to the following fiscally constrained 853
12751275 counties impacted by Hurricane Idalia: Columbia, Dixie, 854
12761276 Gilchrist, Hamilton, Jefferson, Lafayette, Levy, Madison, 855
12771277 Suwannee, and Taylor counties. 856
12781278 (2) Such fiscally constrained counties may apply to the 857
12791279 division in a manner designated by the division for a grant to 858
12801280 be used for engineering, planning, and design services. The 859
12811281 division shall prioritize applications for grants that will fund 860
12821282 public safety complexes, combining emergency operations, fire 861
12831283 services, police services, emergency medical services, or 862
12841284 dispatch in one facility. 863
12851285 (3) The division must also conduct an assessment of need 864
12861286 of the applicants and award grants based on the greatest need. 865
12871287 The division, in awarding a grant, shall consider all of the 866
12881288 following information: 867
12891289 (a) Whether current structures are damaged or unsafe. 868
12901290 (b) Whether current structures are aged or appropriately 869
12911291 hurricane rated for the geographic location or proposed site. 870
12921292 (c) The need for a consolidated and updated facility. 871
12931293 (d) Whether the proposed facility can be expanded in the 872
12941294 future as population increases or needs of the locality change. 873
12951295 Section 17. Subsection (7) is added to section 288.0655, 874
12961296 Florida Statutes, to read: 875
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13051305 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13061306
13071307
13081308
13091309 288.0655 Rural Infrastructure Fund. — 876
13101310 (7) For the 2023-2024 fiscal year, the Department of 877
13111311 Commerce may award grants for the following fiscally constrained 878
13121312 counties impacted by Hurricane Idalia: Columbia, Dixie, 879
13131313 Gilchrist, Hamilton, Jefferson, Lafayette, Levy, Madison, 880
13141314 Suwannee, and Taylor. The pu rpose of the grants is to facilitate 881
13151315 the planning, preparing, and financing of infrastructure 882
13161316 projects. Eligible uses of the grants include roads or other 883
13171317 remedies to transportation impediments, stormwater systems, 884
13181318 water or wastewater facilities, and telec ommunications 885
13191319 facilities. This subsection expires July 1, 2024. 886
13201320 Section 18. For the 2023-2024 fiscal year, the 887
13211321 nonrecurring sum of $5 million in Fixed Capital Outlay from the 888
13221322 General Revenue Fund is appropriated to the Department of 889
13231323 Commerce for grants awarded pursuant to s. 288.0655(7), Florida 890
13241324 Statutes, as created by this act. 891
13251325 Section 19. Section 570.82, Florida Statutes, is repealed. 892
13261326 Section 20. Section 570.822, Florida Statutes, is created 893
13271327 to read: 894
13281328 570.822 Agriculture and Aquaculture Produ cers Natural 895
13291329 Disaster Recovery Loan Program. — 896
13301330 (1) DEFINITIONS.—As used in this section, the term: 897
13311331 (a) "Bona fide farm operation" means a farm operation 898
13321332 engaged in a good faith commercial agricultural use of land on 899
13331333 land classified as agricultural pursu ant to s. 193.461 or on 900
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13421342 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13431343
13441344
13451345
13461346 sovereign submerged land that is leased to the applicant by the 901
13471347 department pursuant to s. 597.010 and that produces agricultural 902
13481348 products within the definition of agriculture under s. 570.02. 903
13491349 (b) "Declared natural disaster" means a natural disaster 904
13501350 for which a state of emergency is declared pursuant to s. 905
13511351 252.36. 906
13521352 (c) "Department" means the Department of Agriculture and 907
13531353 Consumer Services. 908
13541354 (d) "Essential physical property" means fences, equipment, 909
13551355 structural production facilities , such as shade houses and 910
13561356 greenhouses, or other agriculture or aquaculture facilities or 911
13571357 infrastructure. 912
13581358 (e) "Program" means the Agriculture and Aquaculture 913
13591359 Producers Natural Disaster Recovery Loan Program. 914
13601360 (2) USE OF LOAN FUNDS; LOAN TERMS. — 915
13611361 (a) The program is established within the department to 916
13621362 make loans to agriculture and aquaculture producers that have 917
13631363 experienced damage or destruction from a declared natural 918
13641364 disaster. Loan funds may be used to restore, repair, or replace 919
13651365 essential physical pro perty or remove vegetative debris from 920
13661366 essential physical property. A structure or building constructed 921
13671367 using loan proceeds must comply with storm -hardening standards 922
13681368 for nonresidential farm buildings as defined in s. 604.50(2). 923
13691369 The department shall adopt such standards by rule. 924
13701370 (b) The department may make a low -interest or interest -925
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13791379 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13801380
13811381
13821382
13831383 free loan to an eligible applicant. The maximum amount that an 926
13841384 applicant may receive during the application period for a loan 927
13851385 is $500,000. An applicant may not receive more than one loan per 928
13861386 application period and no more than two loans per year or no 929
13871387 more than five loans in any 3 -year period. A loan term is 10 930
13881388 years. 931
13891389 (3) ELIGIBLE APPLICANTS. —To be eligible for the program, 932
13901390 an applicant must: 933
13911391 (a) Own or lease a bona fide farm operation that is 934
13921392 located in a county named in a declared natural disaster and 935
13931393 that was damaged or destroyed as a result of such declared 936
13941394 natural disaster. 937
13951395 (b) Maintain complete and acceptable farm records, 938
13961396 pursuant to criteria published by the depa rtment, and present 939
13971397 them as proof of production levels and bona fide farm 940
13981398 operations. 941
13991399 (4) LOAN APPLICATION AND AGREEMENT. — 942
14001400 (a) Requests for loans must be made by application to the 943
14011401 department. Upon a determination that funding for loans is 944
14021402 available, the department shall publicly notice an application 945
14031403 period for the declared natural disaster, beginning within 60 946
14041404 days after the date of the declared natural disaster and running 947
14051405 up to 1 year after the date of the declared natural disaster or 948
14061406 until all available loan funds are exhausted, whichever occurs 949
14071407 first. 950
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14161416 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
14171417
14181418
14191419
14201420 (b) An applicant must demonstrate the need for financial 951
14211421 assistance and an ability to repay or meet a standard credit 952
14221422 rating determined by the department. 953
14231423 (c) Loans must be made pursuant to writte n agreements 954
14241424 specifying the terms and conditions agreed to by the approved 955
14251425 applicant and the department. The loan agreement must specify 956
14261426 that the loan is due upon sale if the property or other 957
14271427 collateral for the loan is sold. 958
14281428 (d) An approved applicant mu st agree to stay in production 959
14291429 for the duration of the loan. A loan is not assumable. 960
14301430 (5) LOAN SECURITY REQUIREMENTS. —All loans must be secured 961
14311431 by a lien, subordinate only to any mortgage held by a financial 962
14321432 institution as defined in s. 655.005, on prope rty or other 963
14331433 collateral as set forth in the loan agreement. The specific type 964
14341434 of collateral required may vary depending upon the loan purpose, 965
14351435 repayment ability, and the particular circumstances of the 966
14361436 applicant. The department shall record the lien in pub lic 967
14371437 records in the county where the property is located and, in the 968
14381438 case of personal property, perfect the security interest by 969
14391439 filing appropriate Uniform Commercial Code forms with the 970
14401440 Florida Secured Transaction Registry as required pursuant to 971
14411441 chapter 679. 972
14421442 (6) LOAN REPAYMENT. — 973
14431443 (a) A loan is due and payable in accordance with the terms 974
14441444 of the loan agreement. 975
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14531453 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
14541454
14551455
14561456
14571457 (b) The department shall defer payments for the first 3 976
14581458 years of the loan. After 3 years, the department shall reduce 977
14591459 the principal balance ann ually through the end of the loan term 978
14601460 such that the original principal balance is reduced by 30 979
14611461 percent. If the principal balance is repaid before the end of 980
14621462 the 10th year, the applicant may not be required to pay more 981
14631463 than 70 percent of the original prin cipal balance. The approved 982
14641464 applicant must continue to be actively engaged in production in 983
14651465 order to receive the original principal balance reductions and 984
14661466 must continue to meet the loan agreement terms to the 985
14671467 satisfaction of the department. 986
14681468 (c) An approved applicant may make payments on the loan at 987
14691469 any time without penalty. Early repayment is encouraged as other 988
14701470 funding sources or revenues become available to the approved 989
14711471 applicant. 990
14721472 (d) All repayments of principal and interest, if 991
14731473 applicable, received by the department in a fiscal year must be 992
14741474 returned to the loan fund and made available for loans to other 993
14751475 applicants in the next application period. 994
14761476 (e) The department may periodically review an approved 995
14771477 applicant to determine whether he or she con tinues to be in 996
14781478 compliance with the terms of the loan agreement. If the 997
14791479 department finds that an applicant is no longer in production or 998
14801480 has otherwise violated the loan agreement, the department may 999
14811481 seek repayment of the full original principal balance 1000
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14901490 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
14911491
14921492
14931493
14941494 outstanding, including any interest or costs, as applicable, and 1001
14951495 excluding any applied or anticipated original principal balance 1002
14961496 reductions. 1003
14971497 (7) ADMINISTRATION. — 1004
14981498 (a) The department shall create and maintain a separate 1005
14991499 account in the General Inspection Tru st Fund as a fund for the 1006
15001500 program. All repayments must be returned to the loan fund and 1007
15011501 made available as provided in this section. Notwithstanding s. 1008
15021502 216.301, funds appropriated for the loan program are not subject 1009
15031503 to reversion. The department shall manag e the fund, establishing 1010
15041504 loan practices that must include, but are not limited to, 1011
15051505 procedures for establishing loan interest rates, uses of 1012
15061506 funding, application procedures, and application review 1013
15071507 procedures. The department is authorized to contract with a 1014
15081508 third-party administrator to administer the program and manage 1015
15091509 the loan fund. A contract for a third -party administrator that 1016
15101510 includes management of the loan fund must, at a minimum, require 1017
15111511 maintenance of the loan fund to ensure that the program may 1018
15121512 operate in a revolving manner. 1019
15131513 (b) The department shall coordinate with other state 1020
15141514 agencies and other entities to ensure to the greatest extent 1021
15151515 possible that agriculture and aquaculture producers in this 1022
15161516 state have access to the maximum financial assistance available 1023
15171517 following a natural disaster. The coordination must endeavor to 1024
15181518 ensure that there is no duplication of financial assistance 1025
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15271527 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
15281528
15291529
15301530
15311531 between the loan program and other funding sources, such as any 1026
15321532 federal or other state programs, including public assistan ce 1027
15331533 requests to the Federal Emergency Management Agency or financial 1028
15341534 assistance from the United States Department of Agriculture, 1029
15351535 which could render the approved applicant ineligible for other 1030
15361536 financial assistance. 1031
15371537 (8) RULES.—The department shall adopt ru les to implement 1032
15381538 this section. 1033
15391539 (9) REPORTS.—By December 1, 2024, and each December 1 1034
15401540 thereafter, the department shall provide a report on program 1035
15411541 activities during the previous fiscal year to the President of 1036
15421542 the Senate and the Speaker of the House of Re presentatives. The 1037
15431543 report must include information on noticed application periods, 1038
15441544 the number and value of loans awarded under the program for each 1039
15451545 application period, the number and value of loans outstanding, 1040
15461546 the number and value of any loan repayments r eceived, and an 1041
15471547 anticipated repayment schedule for all loans. 1042
15481548 (10) SUNSET.—This section expires July 1, 2043, unless 1043
15491549 reviewed and saved from repeal through reenactment by the 1044
15501550 Legislature. 1045
15511551 Section 21. Subsection (3) of section 201.25, Florida 1046
15521552 Statutes, is amended to read: 1047
15531553 201.25 Tax exemptions for certain loans. —There shall be 1048
15541554 exempt from all taxes imposed by this chapter: 1049
15551555 (3) Any loan made by the Agriculture and Aquaculture 1050
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15641564 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
15651565
15661566
15671567
15681568 Producers Natural Disaster Recovery Loan Program pursuant to s. 1051
15691569 570.822 Agricultural Economic Development Program pursuant to s. 1052
15701570 570.82. 1053
15711571 Section 22. The Department of Agriculture and Consumer 1054
15721572 Services shall, and all conditions are deemed met to, adopt 1055
15731573 emergency rules pursuant to s. 120.54(4), Florida Statutes, for 1056
15741574 the purpose of implementing s. 570.822, Florida Statutes. 1057
15751575 Notwithstanding any other law, emergency rules adopted pursuant 1058
15761576 to this section are effective for 6 months after adoption and 1059
15771577 may be renewed during the pendency of the procedure to adopt 1060
15781578 permanent rules addre ssing the subject of the emergency rules. 1061
15791579 Section 23. Within 30 days after this act becomes a law, 1062
15801580 the Chief Financial Officer shall transfer $75 million in 1063
15811581 nonrecurring funds from the General Revenue Fund to the General 1064
15821582 Inspection Trust Fund within th e Department of Agriculture and 1065
15831583 Consumer Services. For the 2023 -2024 fiscal year, the sum of $75 1066
15841584 million in nonrecurring funds from the General Inspection Trust 1067
15851585 Fund is appropriated in fixed capital outlay to the Department 1068
15861586 of Agriculture and Consumer Serv ices for the Agriculture and 1069
15871587 Aquaculture Producers Natural Disaster Recovery Loan Program 1070
15881588 established pursuant to s. 570.822, Florida Statutes. The 1071
15891589 department is authorized to use up to 5 percent of the 1072
15901590 appropriated funds for administrative costs to implem ent the 1073
15911591 program. Notwithstanding s. 570.822(4)(a), Florida Statutes, as 1074
15921592 created by this act, in order for the department to adopt 1075
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16011601 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
16021602
16031603
16041604
16051605 emergency rules and establish the administration of the program, 1076
16061606 the department is authorized to publicly notice the opening o f 1077
16071607 the application period for Hurricane Idalia no later than 60 1078
16081608 days after this act becomes a law. 1079
16091609 Section 24. (1) For the 2023-2024 fiscal year, the sum of 1080
16101610 $37.5 million in nonrecurring funds from the General Revenue 1081
16111611 Fund in fixed capital outlay is ap propriated to the Department 1082
16121612 of Agriculture and Consumer Services to administer a cost -1083
16131613 sharing grant program to assist timber landowners in Charlotte, 1084
16141614 Citrus, Columbia, Dixie, Gilchrist, Hamilton, Hernando, 1085
16151615 Jefferson, Lafayette, Levy, Madison, Manatee, Pas co, Pinellas, 1086
16161616 Sarasota, Suwannee, and Taylor Counties whose timber land was 1087
16171617 damaged as a result of Hurricane Idalia. Grants made to eligible 1088
16181618 timber landowners must be for up to 75 percent of the costs for 1089
16191619 site preparation and tree replanting on lands class ified as 1090
16201620 agricultural lands under s. 193.461, Florida Statutes. The 1091
16211621 maximum grant award is $250,000. Site preparation work may 1092
16221622 include downed tree removal by a variety of methods, including 1093
16231623 mechanical harvesting or prescribed burns authorized by the 1094
16241624 Florida Forest Service pursuant to s. 590.125, Florida Statutes. 1095
16251625 The department may use up to $1 million of the appropriated 1096
16261626 funds for administrative costs to implement the grant program. 1097
16271627 (2) The department is authorized, and all conditions are 1098
16281628 deemed met, to adopt emergency rules pursuant to s. 120.54(4), 1099
16291629 Florida Statutes, for the purpose of implementing this section. 1100
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16381638 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
16391639
16401640
16411641
16421642 Notwithstanding any other provision of law, emergency rules 1101
16431643 adopted pursuant to this subsection are effective for 6 months 1102
16441644 after adoption and ma y be renewed during the pendency of 1103
16451645 procedures to adopt permanent rules addressing the subject of 1104
16461646 the emergency rules. 1105
16471647 (3) The department shall coordinate with other state 1106
16481648 agencies and other entities to ensure to the greatest extent 1107
16491649 possible that timber landowners have access to the maximum 1108
16501650 financial assistance available following Hurricane Idalia. The 1109
16511651 coordination must endeavor to ensure that there is no 1110
16521652 duplication of financial assistance between these funds and 1111
16531653 other funding sources, such as any federa l or other state 1112
16541654 programs, including public assistance requests to the Federal 1113
16551655 Emergency Management Agency or financial assistance from the 1114
16561656 United States Department of Agriculture, which could render the 1115
16571657 approved applicant ineligible for other financial as sistance. 1116
16581658 Section 25. This act shall take effect upon becoming a 1117
16591659 law. 1118