ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 1 of 45 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 VE S 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 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 2 of 45 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 VE S 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 certa in 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 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 3 of 45 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 VE S 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 agr eements 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 undisbursed 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 t o 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 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 4 of 45 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 VE S 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 coordi nate 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 certai n entities to apply for 85 such appropriated funds; requiring such entities 86 requesting funding for certain purposes to secure 87 certain matching funds by the time of making the 88 application; requiring certain certifications for 89 applications for appropriated fund s; 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 g rants or 95 loans; requiring reimbursed funds to be deposited into 96 the General Revenue Fund; providing for appropriations 97 for the Small County Outreach Program for certain 98 counties; amending chapter 2023 -304, Laws of Florida; 99 revising a prohibition on countie s and municipalities 100 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 5 of 45 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 VE S proposing or adopting certain amendments to specified 101 regulations; revising the expiration date of such 102 prohibition; providing an appropriation for certain 103 planning and design grants; authorizing certain 104 fiscally constrained counties t o 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 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 6 of 45 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 VE S 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 r eport; providing for the 146 expiration of the program on a specified date, unless 147 reviewed and saved from repeal by the Legislature; 148 amending s. 201.25, F.S.; exempting loans made by the 149 Agriculture and Aquaculture Producers Natural Disaster 150 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 7 of 45 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 VE S 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 department 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 equipment 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 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 8 of 45 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 VE S s. 823.14(3). 176 (c) "Unable to be used" 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 valorem 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 to 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. Su ch 198 petition must be filed on or before the 25th day after the 199 mailing by the property appraiser during the 2024 calendar year 200 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 9 of 45 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 VE S 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 t ax 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, Her nando, 212 Jefferson, Lafayette, Levy, Madison, Manatee, Pasco, Pinellas, 213 Sarasota, Suwannee, or Taylor County 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 fro m 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 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 10 of 45 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 VE S 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 shows 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 Statut es, 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 Statutes, for the purpose of implementing 249 this section. Notwithstanding any other provision of law, 250 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 11 of 45 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 VE S 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 permanent rules addressing the 253 subject of the emergency rules. 254 Section 3. Building materials used to repla ce 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 purchased 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 previously paid taxes. 266 (2) As used in this section, the term: 267 (a) "Building materials" means tangible perso nal 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 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 12 of 45 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 VE S refund application must include all of the following 276 information: 277 (a) The name and add ress 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 executed 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 damaged as a direct result of the 290 impact of Hurricane Idalia. 291 (4) A person furnishing a false affidavit t o 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 St atutes, and s. 72.011, 297 Florida Statutes, applies to this section. 298 (6) This section operates retroactively to August 30, 299 2023. 300 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 13 of 45 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 VE S (7) The Department of Revenue 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 hurricane 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 agricultural 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 impose d 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 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 14 of 45 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 VE S (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, Madison, Manatee, Pasco, Pinellas, 341 Sarasota, Suwannee, or Taylo r 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 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 15 of 45 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 VE S orchard, vineyard, gard en, 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, th e 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 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 16 of 45 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 VE S the motor vehicle that used the exempt fuel. 376 (e) An affidavit ex ecuted 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 ship ment 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, Flo rida 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 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 17 of 45 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 VE S 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 Services 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 rem ain 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 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 18 of 45 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 VE S following: 426 (1) HURRICANE MITIGATION IN SPECTIONS.— 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 homeown ers, 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 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 19 of 45 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 VE S (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 inspectors 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 national 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 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 20 of 45 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 VE S the Federal Bureau of Investigation for processing. The results 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 paragraph 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 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 21 of 45 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 VE S 2. The home must be a dwelling with an insured v alue 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 perm it application for initial 506 construction of the home 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 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 22 of 45 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 VE S 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 projects 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 Florida 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 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 23 of 45 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 VE S condition of reimbursing a homeowner approved for a grant. The 551 department may adopt, by rule, the maximum grant allowances 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 hurricane, 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 deter mine eligibility and may direct hurricane 574 mitigation inspectors to collect and verify grant application 575 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 24 of 45 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 VE S 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 dis tribute the brochure to 591 policyholders of the corporation. 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 associates 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 financial 600 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 25 of 45 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 VE S 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; in cluding 604 rules governing hurricane mitigation inspections 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 part ies 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 with 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 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 26 of 45 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 VE S and home improvements are completed in a manner consistent with 626 the intent of the program. The departme nt may use valid random 627 sampling in order to perform 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 Internal 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 inspec tions requested, 637 the number of inspections performed, 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 insurers 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 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 27 of 45 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 VE S 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 provide s 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 implem entation 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 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 28 of 45 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 VE S 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 wit h the division under this 678 paragraph is not required 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 ea ch legislative 682 appropriations committee on the amount 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 pu rsuant to s. 695 216.351, Florida Statutes, the balance 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 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 29 of 45 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 VE S 252.71 Florida Emergency 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 amended 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 financial 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 original 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 from 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 f unds for 724 hurricane recovery purposes through the Hurricane Housing 725 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 30 of 45 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 VE S 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 population. 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 ass istance 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 storage 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 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 31 of 45 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 VE S appropriated to the Division of Emergency Management 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 ap ply 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 the project costs. The matching 764 requirement for a project within a fiscally constrained county 765 may be waived. 766 (2) Applications to the division mu st 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 reimb urse 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 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 32 of 45 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 VE S (b) That insufficient state funds, federa l funds, private 776 funds, or insurance proceeds are available and that should 777 sufficient funds subsequently become 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 sub sequently 780 received. 781 (3) The division is authorized to request budget 782 amendments up to $50 million which request 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, including road, 788 sewer, and water facilities. 789 (c) Beach renourishment. 790 (d) Debris removal. 791 (e) Dredging of public waterways. 792 (4) The division sha ll 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 Community Development Block Grant Disaster 799 Recovery grants. Applications approved by the division for 800 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 33 of 45 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 VE S 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 deposited 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 County 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, De soto, 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 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 34 of 45 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 VE S 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 developme nt 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, be fore 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 plan, 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 municipality. 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 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 35 of 45 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 VE S 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 ap plications 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 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 36 of 45 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 VE S 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 purpose of the grants is to facilitate 881 the planning, preparing, and financing of infrastructure 882 projects. Eligible uses of the g rants include roads or other 883 remedies to transportation impediments, stormwater systems, 884 water or wastewater facilities, and telecommunications 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 Statute s, is repealed. 892 Section 20. Section 570.822, Florida Statutes, is created 893 to read: 894 570.822 Agriculture and Aquaculture Producers Natural 895 Disaster Recovery Loan Program. — 896 (1) DEFINITIONS.—As used in this section, the term: 897 (a) "Bona fide farm oper ation" means a farm operation 898 engaged in a good faith commercial agricultural use of land on 899 land classified as agricultural pursuant to s. 193.461 or on 900 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 37 of 45 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 VE S 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 o f 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 property 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 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 38 of 45 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 VE S free loan to an eligible applic ant. 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 department, and present 939 them as proof of production levels and bona fide farm 940 operations. 941 (4) LOAN APPLICATION AND A GREEMENT.— 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 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 39 of 45 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 VE S (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 written 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 must agree to stay in production 959 for the duration of the loan. A loan is not assumable. 960 (5) LOAN SECURITY REQUIREM ENTS.—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 property or other 963 collateral as set forth in the loan agreement. The specific type 964 of collateral required may vary depe nding upon the loan purpose, 965 repayment ability, and the particular circumstances of the 966 applicant. The department shall record the lien in public 967 records in the county where the property is located and, in the 968 case of personal property, perfect the securit y 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 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 40 of 45 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 VE S (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 annually 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 principal balance. The approved 982 applicant must continue to be actively engaged in production in 983 order to receive the o riginal 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 continues to be in 996 compliance with the terms of the loan agreement. If the 997 department finds that an applicant is no long er in production or 998 has otherwise violated the loan agreement, the department may 999 seek repayment of the full original principal balance 1000 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 41 of 45 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 VE S 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 Trust 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 manage the fund, establishing 1010 loan practices that must include, but are not limited to, 1011 procedures for establishing loan i nterest 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 ensur e 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 fina ncial assistance 1025 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 42 of 45 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 VE S between the loan program and other funding sources, such as any 1026 federal or other state programs, including public assistance 1027 requests to the Federal Emergency Management Agency or financial 1028 assistance from the United States Department of A griculture, 1029 which could render the approved applicant ineligible for other 1030 financial assistance. 1031 (8) RULES.—The department shall adopt rules to implement 1032 this section. 1033 (9) REPORTS.—By December 1, 2024, and each December 1 1034 thereafter, the department sha ll 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 Representatives. The 1037 report must include information on noticed application periods, 1038 the number and value of loans awar ded under the program for each 1039 application period, the number and value of loans outstanding, 1040 the number and value of any loan repayments received, and an 1041 anticipated repayment schedule for all loans. 1042 (10) SUNSET.—This section expires July 1, 2043, unles s 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 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 43 of 45 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 VE S 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 Cons umer 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 addressing 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 the Department of Agriculture and 1065 Consumer Services. For the 2023 -2024 fiscal year, the sum of $75 1066 million in nonrecurr ing funds from the General Inspection Trust 1067 Fund is appropriated in fixed capital outlay to the Department 1068 of Agriculture and Consumer Services 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 implement the 1073 program. Notwithstanding s. 570.822(4)(a), Florida Statutes, as 1074 created by this act, in order for the departm ent to adopt 1075 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 44 of 45 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 VE S emergency rules and establish the administration of the program, 1076 the department is authorized to publicly notice the opening of 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 appropriated to the Department 1082 of Agriculture and Consumer Services to administer a cost -1083 sharing grant program to assis t timber landowners in Charlotte, 1084 Citrus, Columbia, Dixie, Gilchrist, Hamilton, Hernando, 1085 Jefferson, Lafayette, Levy, Madison, Manatee, Pasco, 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 classified 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 appropriate d 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 ENROLLED CS/HB 1C 2023C Legislature CODING: Words stricken are deletions; words underlined are additions. hb0001c-02-er Page 45 of 45 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 VE S Notwithstanding any other provision of law, emergency rules 1101 adopted pursuant to this subsection are effective for 6 months 1102 after adoption and may 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 federal or other state 1112 programs, including public assistance requests to the Federal 1113 Emergency Management Agency or financi al assistance from the 1114 United States Department of Agriculture, which could render the 1115 approved applicant ineligible for other financial assistance. 1116 Section 25. This act shall take effect upon becoming a 1117 law. 1118