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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
A bill to be entitled 1
An act relating to natural emergencies; creating ss. 2
125.023 and 166.0335, F.S.; defining the term 3
"temporary shelter"; prohibiting counties and 4
municipalities, respectively, from prohibiting 5
temporary shelters on residential property for a 6
specified timeframe under certain circumstances; 7
amending s. 252.35, F.S.; requiring the Division of 8
Emergency Management to post a model contract for 9
debris removal on its website by a specified date; 10
requiring the model contract to be annually updated by 11
a specified date; requiring the division to prioritize 12
technical assistance and training relating to natural 13
disasters and emergencies to fiscally constrained 14
counties; requiring the division to administer a 15
revolving loan fund for certain local government 16
projects; amending s. 252.363, F.S.; increasing the 17
timeframe to exercise rights under a permit or other 18
authorization; limiting the timeframe to exercise 19
rights under a permit or other authorization to a 20
certain timeframe when multiple natural emergencies 21
occur; creating s. 252.391, F.S.; defining the term 22
"local governmental entity"; encouraging local 23
governmental entities to develop an emergency 24
financial plan for major disasters; providing the 25
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contents of the emergency financial plan; recommending 26
annual review of the emergency financial plan; 27
amending s. 252.40, F.S.; authorizing local 28
governments to create inspection teams for the review 29
and approval of certain expedited permits; encouraging 30
local governments to establish certain interlocal 31
agreements; encouraging local governments to develop 32
plans related to temporary accommodations of certain 33
individuals; amending s. 287.055, F.S.; revising the 34
definition of the term "continuing contract"; 35
providing for the future expiration and reversion of 36
specified statutory te xt; amending s. 288.066, F.S.; 37
creating the Local Government Emergency Revolving 38
Bridge Loan Program within the Department of Economic 39
Opportunity to provide certain financial assistance to 40
local governments impacted by federally declared 41
disasters; conforming provisions to changes made by 42
the act; providing construction; authorizing the 43
department to provide interest -free loans to eligible 44
local governments through specified means; requiring 45
the department to prescribe a loan application; 46
requiring the department to determine the loan amount 47
based on certain factors; authorizing the department 48
to deny a loan application and providing specified 49
reasons for such denial; requiring the department to 50
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provide certain notice and make loan information 51
available to eligible local governments; requiring 52
loan repayments to be returned to the loan fund; 53
providing that funds appropriated for the program are 54
not subject to reversion; providing for expiration; 55
amending s. 489.117, F.S.; authorizing a registered 56
contractor to engage in contracting under certain 57
circumstances; providing an expiration timeframe for 58
such authorization; authorizing the local jurisdiction 59
to discipline the registered contractor under certain 60
circumstances; creating s. 553.7922, F.S.; requiring 61
local governments impacted by certain emergencies to 62
approve special processing procedures to expedite 63
certain permits; amending s. 553.80, F.S.; prohibiting 64
certain local governments from raising building 65
inspection fees during a certain timeframe; providin g 66
for future expiration; prohibiting counties and 67
municipalities located within a certain area from 68
adopting or amending certain amendments or procedures 69
for a specified period; declaring that such amendments 70
or procedures are null and void; providing for 71
retroactive application; providing that certain 72
comprehensive plan amendments, land development 73
regulations, site plans, and development permits or 74
orders may be enforced; providing for expiration; 75
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amending s. 823.11, F.S.; authorizing certain persons 76
to engage in a process relating to the removal and 77
destruction of derelict vessels; providing 78
appropriations; providing for the transfer of certain 79
appropriated funds to the Economic Development Trust 80
Fund of the Department of Economic Opportunity; 81
requiring that loan repayments be repaid to the 82
Economic Development Trust Fund; authorizing certain 83
independent special fire control districts to file a 84
specified report on an alternative schedule; providing 85
effective dates. 86
87
Be It Enacted by the Legislature o f the State of Florida: 88
89
Section 1. Section 125.023, Florida Statutes, is created 90
to read: 91
125.023 Temporary shelter prohibition. — 92
(1) For the purposes of this section, the term "temporary 93
shelter" includes, but is not limited to, a recreational 94
vehicle, trailer, or similar structure placed on a residential 95
property. 96
(2) Notwithstanding any other law, ordinance, or 97
regulation to the contrary, following the declaration of a state 98
of emergency issued by the Governor for a natural emergency as 99
defined in s. 252.34(8) during which a permanent residential 100
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structure was damaged and rendered uninhabitable, a county may 101
not prohibit the placement of one temporary shelter on the 102
residential property for up to 36 months after the date of the 103
declaration or until a certificate of occupancy is issued on the 104
permanent residential structure on the property, whichever 105
occurs first, if all of the following circumstances apply: 106
(a) The resident makes a good faith effort to rebuild or 107
renovate the damaged permanent residential structure, including, 108
but not limited to, applying for a building permit, submitting a 109
plan or design to the county, or obtaining a construction loan. 110
(b) The temporary shelter is connected to water and 111
electric utilities and does not presen t a threat to health and 112
human safety. 113
(c) The resident lives in the temporary structure. 114
Section 2. Section 166.0335, Florida Statutes, is created 115
to read: 116
166.0335 Temporary shelter prohibition. — 117
(1) For the purposes of this section, the term " temporary 118
shelter" includes, but is not limited to, a recreational 119
vehicle, trailer, or similar structure placed on a residential 120
property. 121
(2) Notwithstanding any other law, ordinance, or 122
regulation to the contrary, following the declaration of a state 123
of emergency issued by the Governor for a natural emergency as 124
defined in s. 252.34(8) during which a permanent residential 125
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structure was damaged and rendered uninhabitable, a municipality 126
may not prohibit the placement of one temporary shelter on the 127
residential property for up to 36 months after the date of the 128
declaration or until a certificate of occupancy is issued on the 129
permanent residential structure on the property, whichever 130
occurs first, if all of the following circumstances apply: 131
(a) The resident makes a good faith effort to rebuild or 132
renovate the damaged permanent residential structure, including, 133
but not limited to, applying for a building permit, submitting a 134
plan or design to the municipality, or obtaining a construction 135
loan. 136
(b) The temporary shelter is connected to water and 137
electric utilities and does not present a threat to health and 138
human safety. 139
(c) The resident lives in the temporary structure. 140
Section 3. Effective upon becoming a law, paragraphs (bb), 141
(cc), and (dd) are added to subsection (2) of section 252.35, 142
Florida Statutes, to read: 143
252.35 Emergency management powers; Division of Emergency 144
Management.— 145
(2) The division is responsible for carrying out the 146
provisions of ss. 252.31 -252.90. In performing its duties, the 147
division shall: 148
(bb) Post on its website a model of a local government 149
contract for debris removal to be used by political 150
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subdivisions. The initial model contract must be posted to the 151
website no later than June 1, 2023, and, thereafter, the model 152
contract must be annually updated and posted to the website no 153
later than June 1. 154
(cc) Prioritize technical assistance and training to 155
fiscally constrained counties as defined in s. 218.67(1) on 156
aspects of safety measures, preparedness, prevention, respo nse, 157
recovery, and mitigation relating to natural disasters and 158
emergencies. 159
(dd) Administer a revolving loan program for local 160
government hazard mitigation projects. 161
Section 4. Paragraph (a) of subsection (1) of section 162
252.363, Florida Statutes, is amended to read: 163
252.363 Tolling and extension of permits and other 164
authorizations.— 165
(1)(a) The declaration of a state of emergency issued by 166
the Governor for a natural emergency tolls the period remaining 167
to exercise the rights under a permit or othe r authorization for 168
the duration of the emergency declaration. Further, the 169
emergency declaration extends the period remaining to exercise 170
the rights under a permit or other authorization for 24 6 months 171
in addition to the tolled period. The extended period to 172
exercise the rights under a permit or other authorization may 173
not exceed 48 months in total in the event of multiple natural 174
emergencies for which the Governor declares a state of 175
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emergency. This paragraph applies to the following: 176
1. The expiration of a development order issued by a local 177
government. 178
2. The expiration of a building permit. 179
3. The expiration of a permit issued by the Department of 180
Environmental Protection or a water management district pursuant 181
to part IV of chapter 373. 182
4. Permits issued by the Department of Environmental 183
Protection or a water management district pursuant to part II of 184
chapter 373 for land subject to a development agreement under 185
ss. 163.3220-163.3243 in which the permittee and the developer 186
are the same or a related entity. 187
5. The buildout date of a development of regional impact, 188
including any extension of a buildout date that was previously 189
granted as specified in s. 380.06(7)(c). 190
6. The expiration of a development permit or development 191
agreement authorized by Florida Statutes, including those 192
authorized under the Florida Local Government Development 193
Agreement Act, or issued by a local government or other 194
governmental agency. 195
Section 5. Section 252.391, Florida Statutes, is created 196
to read: 197
252.391 Emergency financial plans. — 198
(1) As used in this section, the term "local governmental 199
entity" means a county, municipality, or district school board. 200
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(2) Each local governmental entity is encouraged to 201
develop an emergency financial plan for major natur al disasters 202
that may impact its jurisdiction. Disasters include, but are not 203
limited to, hurricanes, tornadoes, floods, and wildfires. 204
(3) Each emergency financial plan should be based on the 205
likely frequency of the disaster's occurrence. The financial 206
plan should include a calculation of the costs for the natural 207
disaster event and a determination of the financial resources 208
available to the local governmental entity. If insufficient 209
funds are available to address the disaster event, the emergency 210
financial plan should identify strategies to close the gap 211
between the disaster event costs and the local governmental 212
entity's financial capacity. Such strategies may include rainy 213
day funds, reprioritizing its annual budget, and borrowing. 214
(4) Local governmental entities should annually review 215
their emergency financial plans to address changes in 216
conditions. 217
Section 6. Subsections (3) and (4) are added to section 218
252.40, Florida Statutes, to read: 219
252.40 Mutual aid arrangements. — 220
(3) Local governments may create inspection teams to 221
review and approve expedited permits for temporary housing 222
solutions, repairs, and renovations after a natural disaster. 223
Local governments are encouraged to establish interlocal 224
agreements with other jurisdictions to provide additional 225
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inspection services during a state of emergency. 226
(4) Municipalities and counties are encouraged to develop 227
and adopt plans to provide temporary accommodations for 228
contractors, utility workers, first responders, and others 229
dispatched to aid in hurricane recovery efforts. Public areas, 230
including, but not limited to, fairgrounds and parking lots, may 231
be used for tents and trailers for such temporary 232
accommodations. 233
Section 7. Effective upon becoming a law, paragraph (g) of 234
subsection (2) of section 287.055, Florida Statutes, is amended 235
to read: 236
287.055 Acquisition of professional architectural, 237
engineering, landscape architectural, or surveying and mapping 238
services; definitions; procedures; contingent fees prohibited; 239
penalties.— 240
(2) DEFINITIONS.—For purposes of this section: 241
(g) A "continuing contract" is a contract for professional 242
services entered into in accordance with all the procedures of 243
this act between an agency and a firm whereby the firm provides 244
professional services to the agency for projects in which the 245
estimated construction cost of each individual project under the 246
contract does not exceed $4 million, for study activity if the 247
fee for professional services for each individual study under 248
the contract does not exceed $500,000, or for work of a 249
specified nature as outlined in the contract required by the 250
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agency, with the contract being for a fixed term or with no time 251
limitation except that the contract must provide a termination 252
clause. Firms providing professional ser vices under continuing 253
contracts shall not be required to bid against one another. The 254
term "continuing contract" includes contracts executed through 255
December 31, 2023, for professional services to the agency for 256
projects related to repairs and remediation to a specific site 257
due to damage caused by Hurricane Ian in which the estimated 258
construction cost for each individual project does not exceed 259
$15 million. 260
Section 8. The amendments made by this act to s. 261
287.055(2)(g), Florida Statutes, expire on Janu ary 1, 2024, and 262
the text of that paragraph shall revert to that in existence on 263
the day before the date that this act became a law, except that 264
any amendments to such text enacted other than by this act shall 265
be preserved and continue to operate to the ex tent that such 266
amendments are not dependent upon the portions of the text which 267
expire pursuant to this section. 268
Section 9. Section 288.066, Florida Statutes, as created 269
by section 1 of chapter 2023 -1, Laws of Florida, is amended to 270
read: 271
288.066 Local Government Emergency Revolving Bridge Loan 272
Program.— 273
(1) CREATION.—The Local Government Emergency Revolving 274
Bridge Loan Program is created , subject to appropriation, within 275
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the department to provide financial assistance to local 276
governments impacted b y federally declared disasters Hurricane 277
Ian or Hurricane Nicole . The purpose of the loan program is to 278
assist these local governments in maintaining government 279
operations by bridging the gap between the time that the 280
declared disaster occurred and the tim e that additional funding 281
sources or revenues are secured to provide them with financial 282
assistance. 283
(2) ELIGIBILITY.—To be eligible for a loan under the 284
program, a local government must be a county or a municipality 285
located in an area designated in a the Federal Emergency 286
Management Agency disaster declaration declarations for 287
Hurricane Ian or Hurricane Nicole . The local government must 288
show that it may suffer or has suffered substantial loss of its 289
tax or other revenues as a result of the disaster hurricane and 290
demonstrate a need for financial assistance to enable it to 291
continue to perform its governmental operations. Access to and 292
eligibility for the loan program supersedes any local government 293
charter or borrowing limitations that would otherwise 294
financially constrain the local government's ability to recover 295
from a disaster. 296
(3) LOAN TERMS.— 297
(a) The department may provide interest -free loans to 298
eligible local governments through a promissory note or other 299
form of written agreement evidencing an o bligation to repay the 300
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borrowed funds to the department. 301
(b) The amount of each loan must be based upon 302
demonstrated need and must be disbursed to the local government 303
in a lump sum. 304
(c) The term of the loan is up to 24 months 1 year, unless 305
otherwise extended by the department . However, the department 306
may extend loan terms for up to 6 months based on the local 307
government's financial condition. 308
(4) APPLICATION.—The department shall prescribe a loan 309
application and may request any other information det ermined 310
necessary by the department to review and evaluate the 311
application. The eligible local government must submit a loan 312
application within the 12 months after the date that the federal 313
disaster was declared. Upon receipt of an application, the 314
department shall review the application and may request 315
additional information as necessary to complete the review and 316
evaluation. If the loan application is approved, the department 317
shall determine the amount to be loaned, which may be a lower 318
amount than requested, based on the information provided and the 319
total amount of funds available to be loaned and in relation to 320
demonstrated need from other eligible applicants. If the loan 321
application is denied, reasons for the denial may include, but 322
are not limited to, the loan risk, an incomplete application, 323
failure to demonstrate need, or the fact that receiving a loan 324
may negatively affect the local government's eligibility for 325
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other federal programs. 326
(5)(4) USE OF LOAN FUNDS.—A local government may use loan 327
funds only to continue local governmental operations or to 328
expand or modify such operations to meet disaster -related needs. 329
The funds may not be used to finance or supplant funding for 330
capital improvements or to repair or restore damaged public 331
facilities or infrastructure. 332
(6)(5) LOAN REPAYMENT.— 333
(a) The local government may make payments against the 334
loan at any time without penalty. Early repayment is encouraged 335
as other funding sources or revenues become available to the 336
local government. 337
(b) Loans become due and payable in accordance with the 338
terms of the agreement. 339
(7)(6) ADMINISTRATION.— 340
(a) Upon the issuance of a federal disaster declaration, 341
the department shall provide notice of application requirements 342
and the total amount of funds available an d shall make loan 343
information available to eligible local governments. Based upon 344
the amount of funds in the Economic Development Trust Fund 345
available to be loaned and anticipated balances, the department 346
may make funds available in an amount reasonably re lated to the 347
anticipated need, based upon the impacts of the federal 348
disaster, up to the total amount available The department may 349
approve loans in the 2022 -2023 fiscal year or the 2023 -2024 350
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fiscal year up to the total amount appropriated . 351
(b) The department must coordinate with the Division of 352
Emergency Management or other applicable state agencies to 353
assess whether such loans would affect reimbursement under 354
federal programs for disaster -related expenses. 355
(c) All repayments of principal and interest m ust be 356
returned to the loan fund and made available as provided in this 357
section. Notwithstanding s. 216.301, funds appropriated for this 358
program are not subject to reversion Upon receipt of any loan 359
payment from a local government, the department shall tra nsfer 360
the funds to the General Revenue Fund . 361
(8)(7) RULES.—The department may adopt rules to implement 362
this section. 363
(9)(8) EXPIRATION.—This section expires July 1, 2038 June 364
30, 2027. A loan may not be awarded after June 30, 2038. Upon 365
expiration, all unencumbered funds and loan repayments made on 366
or after July 1, 2038, must be transferred revert to the General 367
Revenue Fund. 368
Section 10. Effective upon becoming a law, subsection (5) 369
is added to section 489.117, Florida Statutes, to read: 370
489.117 Registration; specialty contractors. — 371
(5) Notwithstanding paragraph (1)(b), a registered 372
contractor may engage in contracting only for work covered by 373
the registration within an area for which a state of emergency 374
is declared pursuant to s. 252.36 for a n atural emergency. This 375
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authorization terminates 24 months after the expiration of the 376
declared state of emergency. The local jurisdiction that 377
licenses the registered contractor may discipline the registered 378
contractor for violations occurring outside the licensing 379
jurisdiction which occur during the period such work is 380
authorized under this subsection. 381
Section 11. Section 553.7922, Florida Statutes, is created 382
to read: 383
553.7922 Local government -expedited approval of certain 384
permits.—Following a state of emergency declared pursuant to s. 385
252.36 for a natural emergency, local governments impacted by 386
the emergency shall approve special processing procedures to 387
expedite permit issuance for permits that do not require 388
technical review, including, but not l imited to, roof repairs, 389
reroofing, electrical repairs, service changes, or the 390
replacement of one window or one door. Local governments may 391
waive application and inspection fees for permits expedited 392
under this section. 393
Section 12. Effective upon beco ming a law, present 394
subsections (8) and (9) of section 553.80, Florida Statutes, are 395
redesignated as subsections (9) and (10), respectively, and a 396
new subsection (8) is added to that section, to read: 397
553.80 Enforcement. — 398
(8) Effective January 1, 2023, local governments located 399
in areas designated in the Federal Emergency Management Agency 400
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disaster declarations for Hurricane Ian or Hurricane Nicole may 401
not raise building inspection fees, as authorized by s. 402
125.56(2) or s. 166.222 and this section, before October 1, 403
2024. This subsection expires June 30, 2025. 404
Section 13. (1) A county or municipality located entirely 405
or partially within 100 miles of where either Hurricane Ian or 406
Hurricane Nicole made landfall shall not propose or adopt more 407
restrictive or burdensome amendments to its comprehensive plan 408
or land development regulations, nor propose or adopt more 409
restrictive or burdensome procedures concerning review, 410
approval, or issuance of a site plan, development permi t, or 411
development order, to the extent that those terms are defined by 412
s. 163.3164, Florida Statutes, before October 1, 2024, and any 413
such restrictive or burdensome comprehensive plan amendment, 414
land development regulation, or procedure shall be null and v oid 415
ab initio. This subsection applies retroactively to September 416
28, 2022. 417
(2) Notwithstanding subsection (1), any comprehensive plan 418
amendment, land development regulation amendment, site plan, 419
development permit, or development order approved or adopt ed by 420
a county or municipality before or after the effective date of 421
this section may be enforced if: 422
(a) The associated application is initiated by a private 423
party other than the county or municipality; and 424
(b) The property that is the subject of the application is 425
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owned by the initiating private party. 426
(3) This section shall take effect upon becoming a law and 427
expires June 30, 2025. 428
Section 14. Paragraph (d) is added to subsection (2) of 429
section 823.11, Florida Statutes, to read: 430
823.11 Derelict vessels; relocation or removal; penalty. — 431
(2) 432
(d) Notwithstanding the additional 45 days provided in 433
sub-subparagraph (b)2.b. during which an owner or a responsible 434
party may not be charged for a violation of this section, the 435
commission, an officer of the commission, a law enforcement 436
agency or officer specified in s. 327.70, or, during a state of 437
emergency declared by the Governor, the Division of Emergency 438
Management or its designee, may immediately begin the process 439
set forth in s. 705.103(2)(a) a nd, once that process has been 440
completed and the 45 days provided herein have passed, any 441
vessel that has not been removed or repaired such that it is no 442
longer derelict upon the waters of this state may be removed and 443
destroyed as provided therein. 444
Section 15. For the 2023-2024 fiscal year, the sums of $1 445
million in nonrecurring funds from the General Revenue Fund and 446
$10 million in nonrecurring funds from the Federal Grants Trust 447
Fund are appropriated to the Division of Emergency Management to 448
fund the Safeguarding Tomorrow Through Ongoing Risk Mitigation 449
Act Revolving Loan Program. These funds shall be placed in 450
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reserve. The division is authorized to submit a budget amendment 451
for release of the funds held in reserve for approval by the 452
Legislative Budget Commission pursuant to chapter 216, Florida 453
Statutes. Release is contingent upon documentation of an award 454
or other approval by the Federal Emergency Management Agency and 455
the division's approved intended use plan for the funds. 456
Section 16. (1) For the 2023-2024 fiscal year, the sum of 457
$50 million in nonrecurring funds is appropriated from the 458
General Revenue Fund to the Economic Development Trust Fund of 459
the Department of Economic Opportunity to fund the Local 460
Government Emergency Revolving Brid ge Loan Program. 461
(2) Funds appropriated in section 3 of chapter 2023 -1, 462
Laws of Florida, for the Local Government Emergency Bridge Loan 463
Program which have not been loaned to a local government 464
pursuant to a loan agreement as of July 1, 2023, shall be 465
transferred by nonoperating budget authority to the Economic 466
Development Trust Fund of the Department of Economic Opportunity 467
to be used for the Local Government Emergency Revolving Bridge 468
Loan Program. 469
(3) Notwithstanding sections 1 and 3 of chapter 2023 -1, 470
Laws of Florida, all loan repayments for loans made under the 471
Local Government Emergency Bridge Loan Program shall be repaid 472
into the Economic Development Trust Fund and be made available 473
for loans under the Local Government Emergency Revolving Bridge 474
Loan Program. 475
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Section 17. Notwithstanding the timeframe specified in s. 476
189.0695 (2)(c) and (d), Florida Statutes, an independent 477
special fire control district located entirely or partially 478
within 50 miles of where Hurricane Ian made landfall that was 479
required to submit its final report of the performance review by 480
July 1, 2023, may file such report no later than January 1, 481
2024. 482
Section 18. Except as otherwise expressly provided in this 483
act and except for this section, which shall take effect upon 484
becoming a law, this act shall take effect July 1, 2023. 485