10 | 10 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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11 | 11 | | |
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12 | 12 | | |
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13 | 13 | | |
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14 | 14 | | A bill to be entitled 1 |
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15 | 15 | | An act relating to natural emergencies; creating ss. 2 |
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16 | 16 | | 125.023 and 166.0335, F.S.; defining the term 3 |
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17 | 17 | | "temporary shelter"; prohibiting counties and 4 |
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18 | 18 | | municipalities, respectively, from prohibiting 5 |
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19 | 19 | | temporary shelters on residential property for a 6 |
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20 | 20 | | specified timeframe under certain circumstances; 7 |
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21 | 21 | | amending s. 252.35, F.S.; requiring the Division of 8 |
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22 | 22 | | Emergency Management to post a model contract for 9 |
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23 | 23 | | debris removal on its website by a specified date; 10 |
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24 | 24 | | requiring the model contract to be annually updated by 11 |
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25 | 25 | | a specified date; requiring the division to prioritize 12 |
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26 | 26 | | technical assistance and training relating to natural 13 |
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27 | 27 | | disasters and emergencies to fiscally constrained 14 |
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28 | 28 | | counties; requiring the division to administer a 15 |
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29 | 29 | | revolving loan fund for certain local government 16 |
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30 | 30 | | projects; amending s. 252.363, F.S.; increasing the 17 |
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31 | 31 | | timeframe to exercise rights under a permit or other 18 |
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32 | 32 | | authorization; limiting the timeframe to exercise 19 |
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33 | 33 | | rights under a permit or other authorization to a 20 |
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34 | 34 | | certain timeframe when multiple natural emergencies 21 |
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51 | | - | major disasters; providing the contents of the 26 |
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52 | | - | emergency financial plan; recommending annual review 27 |
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53 | | - | of the emergency financial plan; amending s. 252.40, 28 |
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54 | | - | F.S.; authorizing local governments to create 29 |
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55 | | - | inspection teams for the review and approval of 30 |
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56 | | - | certain expedited permits; encouraging local 31 |
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57 | | - | governments to establish cert ain interlocal 32 |
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58 | | - | agreements; encouraging local governments to develop 33 |
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59 | | - | plans related to temporary accommodations of certain 34 |
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60 | | - | individuals; amending s. 287.055, F.S.; revising the 35 |
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61 | | - | definition of the term "continuing contract"; 36 |
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62 | | - | providing for the future expiration and reversion of 37 |
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63 | | - | specified statutory text; amending s. 288.066, F.S.; 38 |
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64 | | - | creating the Local Government Emergency Revolving 39 |
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65 | | - | Bridge Loan Program within the Department of Economic 40 |
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66 | | - | Opportunity to provide certain financial assistance to 41 |
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67 | | - | local governments impacted by federally declared 42 |
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68 | | - | disasters; conforming provisions to changes made by 43 |
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69 | | - | the act; providing construction; authorizing the 44 |
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70 | | - | department to provide interest -free loans to eligible 45 |
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71 | | - | local governments through specified means; requiring 46 |
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72 | | - | the department to prescrib e a loan application; 47 |
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73 | | - | requiring the department to determine the loan amount 48 |
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74 | | - | based on certain factors; authorizing the department 49 |
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75 | | - | to deny a loan application and providing specified 50 |
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| 51 | + | contents of the emergency financial plan; recommending 26 |
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| 52 | + | annual review of the emergency financial plan; 27 |
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| 53 | + | amending s. 252.40, F.S.; authorizing local 28 |
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| 54 | + | governments to create inspection teams for the review 29 |
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| 55 | + | and approval of certain expedited permits; encouraging 30 |
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| 56 | + | local governments to establish certain interlocal 31 |
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| 57 | + | agreements; encouraging local governments to develop 32 |
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| 58 | + | plans related to temporary accommodations of certain 33 |
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| 59 | + | individuals; amending s. 287.055, F.S.; revising the 34 |
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| 60 | + | definition of the term "continuing contract"; 35 |
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| 61 | + | providing for the future expiration and reversion of 36 |
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| 62 | + | specified statutory te xt; amending s. 288.066, F.S.; 37 |
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| 63 | + | creating the Local Government Emergency Revolving 38 |
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| 64 | + | Bridge Loan Program within the Department of Economic 39 |
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| 65 | + | Opportunity to provide certain financial assistance to 40 |
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| 66 | + | local governments impacted by federally declared 41 |
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| 67 | + | disasters; conforming provisions to changes made by 42 |
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| 68 | + | the act; providing construction; authorizing the 43 |
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| 69 | + | department to provide interest -free loans to eligible 44 |
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| 70 | + | local governments through specified means; requiring 45 |
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| 71 | + | the department to prescribe a loan application; 46 |
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| 72 | + | requiring the department to determine the loan amount 47 |
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| 73 | + | based on certain factors; authorizing the department 48 |
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| 74 | + | to deny a loan application and providing specified 49 |
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| 75 | + | reasons for such denial; requiring the department to 50 |
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88 | | - | reasons for such denial; requiring the department to 51 |
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89 | | - | provide certain notice and make loan information 52 |
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90 | | - | available to eligible local governments; requiring 53 |
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91 | | - | loan repayments to be returned to the loan fund; 54 |
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92 | | - | providing that funds appropriated for the program are 55 |
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93 | | - | not subject to reversion; providing for expiration; 56 |
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94 | | - | creating s. 366.98, F.S. ; providing liability 57 |
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95 | | - | protection for public utilities in certain 58 |
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96 | | - | circumstances; authorizing the Florida Public Service 59 |
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97 | | - | Commission to resolve certain issues; providing 60 |
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98 | | - | applicability; amending s. 489.117, F.S.; authorizing 61 |
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99 | | - | a registered contractor to engage i n contracting under 62 |
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100 | | - | certain circumstances; providing an expiration 63 |
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101 | | - | timeframe for such authorization; authorizing the 64 |
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102 | | - | local jurisdiction to discipline the registered 65 |
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103 | | - | contractor under certain circumstances; creating s. 66 |
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104 | | - | 553.7922, F.S.; requiring local governm ents impacted 67 |
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105 | | - | by certain emergencies to approve special processing 68 |
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106 | | - | procedures to expedite certain permits; amending s. 69 |
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107 | | - | 553.80, F.S.; prohibiting certain local governments 70 |
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108 | | - | from raising building inspection fees during a certain 71 |
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109 | | - | timeframe; providing for futur e expiration; 72 |
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110 | | - | prohibiting counties and municipalities located within 73 |
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111 | | - | a certain area from adopting or amending certain 74 |
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112 | | - | moratoriums, amendments, or procedures for a specified 75 |
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| 88 | + | provide certain notice and make loan information 51 |
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| 89 | + | available to eligible local governments; requiring 52 |
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| 90 | + | loan repayments to be returned to the loan fund; 53 |
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| 91 | + | providing that funds appropriated for the program are 54 |
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| 92 | + | not subject to reversion; providing for expiration; 55 |
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| 93 | + | amending s. 489.117, F.S.; authorizing a registered 56 |
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| 94 | + | contractor to engage in contracting under certain 57 |
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| 95 | + | circumstances; providing an expiration timeframe for 58 |
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| 96 | + | such authorization; authorizing the local jurisdiction 59 |
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| 97 | + | to discipline the registered contractor under certain 60 |
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| 98 | + | circumstances; creating s. 553.7922, F.S.; requiring 61 |
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| 99 | + | local governments impacted by certain emergencies to 62 |
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| 100 | + | approve special processing procedures to expedite 63 |
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| 101 | + | certain permits; amending s. 553.80, F.S.; prohibiting 64 |
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| 102 | + | certain local governments from raising building 65 |
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| 103 | + | inspection fees during a certain timeframe; providin g 66 |
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| 104 | + | for future expiration; prohibiting counties and 67 |
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| 105 | + | municipalities located within a certain area from 68 |
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| 106 | + | adopting or amending certain amendments or procedures 69 |
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| 107 | + | for a specified period; declaring that such amendments 70 |
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| 108 | + | or procedures are null and void; providing for 71 |
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| 109 | + | retroactive application; providing that certain 72 |
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| 110 | + | comprehensive plan amendments, land development 73 |
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| 111 | + | regulations, site plans, and development permits or 74 |
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| 112 | + | orders may be enforced; providing for expiration; 75 |
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125 | | - | period; declaring that such moratoriums, amendments, 76 |
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126 | | - | or procedures are null and voi d; providing for 77 |
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127 | | - | retroactive application; providing that certain 78 |
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128 | | - | comprehensive plan amendments, land development 79 |
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129 | | - | regulations, site plans, and development permits or 80 |
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130 | | - | orders may be enforced; providing for expiration; 81 |
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131 | | - | amending s. 823.11, F.S.; authorizing cer tain persons 82 |
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132 | | - | to engage in a process relating to the removal and 83 |
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133 | | - | destruction of derelict vessels; providing 84 |
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134 | | - | appropriations; providing for the transfer of certain 85 |
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135 | | - | appropriated funds to the Economic Development Trust 86 |
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136 | | - | Fund of the Department of Economic Opportu nity; 87 |
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137 | | - | requiring that loan repayments be repaid to the 88 |
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138 | | - | Economic Development Trust Fund; authorizing certain 89 |
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139 | | - | independent special fire control districts to file a 90 |
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140 | | - | specified report on an alternative schedule; providing 91 |
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141 | | - | effective dates. 92 |
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142 | | - | 93 |
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143 | | - | Be It Enacted by the Legislature of the State of Florida: 94 |
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144 | | - | 95 |
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145 | | - | Section 1. Section 125.023, Florida Statutes, is created 96 |
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146 | | - | to read: 97 |
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147 | | - | 125.023 Temporary shelter prohibition. — 98 |
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148 | | - | (1) For the purposes of this section, the term "temporary 99 |
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149 | | - | shelter" includes, but is not limited to, a recreational 100 |
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| 125 | + | amending s. 823.11, F.S.; authorizing certain persons 76 |
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| 126 | + | to engage in a process relating to the removal and 77 |
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| 127 | + | destruction of derelict vessels; providing 78 |
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| 128 | + | appropriations; providing for the transfer of certain 79 |
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| 129 | + | appropriated funds to the Economic Development Trust 80 |
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| 130 | + | Fund of the Department of Economic Opportunity; 81 |
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| 131 | + | requiring that loan repayments be repaid to the 82 |
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| 132 | + | Economic Development Trust Fund; authorizing certain 83 |
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| 133 | + | independent special fire control districts to file a 84 |
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| 134 | + | specified report on an alternative schedule; providing 85 |
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| 135 | + | effective dates. 86 |
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| 136 | + | 87 |
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| 137 | + | Be It Enacted by the Legislature o f the State of Florida: 88 |
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| 138 | + | 89 |
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| 139 | + | Section 1. Section 125.023, Florida Statutes, is created 90 |
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| 140 | + | to read: 91 |
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| 141 | + | 125.023 Temporary shelter prohibition. — 92 |
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| 142 | + | (1) For the purposes of this section, the term "temporary 93 |
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| 143 | + | shelter" includes, but is not limited to, a recreational 94 |
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| 144 | + | vehicle, trailer, or similar structure placed on a residential 95 |
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| 145 | + | property. 96 |
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| 146 | + | (2) Notwithstanding any other law, ordinance, or 97 |
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| 147 | + | regulation to the contrary, following the declaration of a state 98 |
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| 148 | + | of emergency issued by the Governor for a natural emergency as 99 |
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| 149 | + | defined in s. 252.34(8) during which a permanent residential 100 |
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162 | | - | vehicle, trailer, or similar structure placed on a residential 101 |
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163 | | - | property. 102 |
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164 | | - | (2) Notwithstanding any other law, ordinance, or 103 |
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165 | | - | regulation to the contrary, following the declaration of a state 104 |
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166 | | - | of emergency issued by the Governor for a natural em ergency as 105 |
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167 | | - | defined in s. 252.34(8) during which a permanent residential 106 |
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168 | | - | structure was damaged and rendered uninhabitable, a county may 107 |
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169 | | - | not prohibit the placement of one temporary shelter on the 108 |
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170 | | - | residential property for up to 36 months after the date of the 109 |
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171 | | - | declaration or until a certificate of occupancy is issued on the 110 |
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172 | | - | permanent residential structure on the property, whichever 111 |
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173 | | - | occurs first, if all of the following circumstances apply: 112 |
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174 | | - | (a) The resident makes a good faith effort to rebuild or 113 |
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175 | | - | renovate the damaged permanent residential structure, including, 114 |
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176 | | - | but not limited to, applying for a building permit, submitting a 115 |
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177 | | - | plan or design to the county, or obtaining a construction loan. 116 |
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178 | | - | (b) The temporary shelter is connected to water and 117 |
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179 | | - | electric utilities an d does not present a threat to health and 118 |
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180 | | - | human safety. 119 |
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181 | | - | (c) The resident lives in the temporary structure. 120 |
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182 | | - | Section 2. Section 166.0335, Florida Statutes, is created 121 |
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183 | | - | to read: 122 |
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184 | | - | 166.0335 Temporary shelter prohibition. — 123 |
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185 | | - | (1) For the purposes of this se ction, the term "temporary 124 |
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186 | | - | shelter" includes, but is not limited to, a recreational 125 |
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| 162 | + | structure was damaged and rendered uninhabitable, a county may 101 |
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| 163 | + | not prohibit the placement of one temporary shelter on the 102 |
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| 164 | + | residential property for up to 36 months after the date of the 103 |
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| 165 | + | declaration or until a certificate of occupancy is issued on the 104 |
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| 166 | + | permanent residential structure on the property, whichever 105 |
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| 167 | + | occurs first, if all of the following circumstances apply: 106 |
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| 168 | + | (a) The resident makes a good faith effort to rebuild or 107 |
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| 169 | + | renovate the damaged permanent residential structure, including, 108 |
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| 170 | + | but not limited to, applying for a building permit, submitting a 109 |
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| 171 | + | plan or design to the county, or obtaining a construction loan. 110 |
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| 172 | + | (b) The temporary shelter is connected to water and 111 |
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| 173 | + | electric utilities and does not presen t a threat to health and 112 |
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| 174 | + | human safety. 113 |
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| 175 | + | (c) The resident lives in the temporary structure. 114 |
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| 176 | + | Section 2. Section 166.0335, Florida Statutes, is created 115 |
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| 177 | + | to read: 116 |
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| 178 | + | 166.0335 Temporary shelter prohibition. — 117 |
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| 179 | + | (1) For the purposes of this section, the term " temporary 118 |
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| 180 | + | shelter" includes, but is not limited to, a recreational 119 |
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| 181 | + | vehicle, trailer, or similar structure placed on a residential 120 |
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| 182 | + | property. 121 |
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| 183 | + | (2) Notwithstanding any other law, ordinance, or 122 |
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| 184 | + | regulation to the contrary, following the declaration of a state 123 |
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| 185 | + | of emergency issued by the Governor for a natural emergency as 124 |
---|
| 186 | + | defined in s. 252.34(8) during which a permanent residential 125 |
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199 | | - | vehicle, trailer, or similar structure placed on a residential 126 |
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200 | | - | property. 127 |
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201 | | - | (2) Notwithstanding any other law, ordinance, or 128 |
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202 | | - | regulation to the contrary, following the declar ation of a state 129 |
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203 | | - | of emergency issued by the Governor for a natural emergency as 130 |
---|
204 | | - | defined in s. 252.34(8) during which a permanent residential 131 |
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205 | | - | structure was damaged and rendered uninhabitable, a municipality 132 |
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206 | | - | may not prohibit the placement of one temporary sh elter on the 133 |
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207 | | - | residential property for up to 36 months after the date of the 134 |
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208 | | - | declaration or until a certificate of occupancy is issued on the 135 |
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209 | | - | permanent residential structure on the property, whichever 136 |
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210 | | - | occurs first, if all of the following circumstances appl y: 137 |
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211 | | - | (a) The resident makes a good faith effort to rebuild or 138 |
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212 | | - | renovate the damaged permanent residential structure, including, 139 |
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213 | | - | but not limited to, applying for a building permit, submitting a 140 |
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214 | | - | plan or design to the municipality, or obtaining a construction 141 |
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215 | | - | loan. 142 |
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216 | | - | (b) The temporary shelter is connected to water and 143 |
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217 | | - | electric utilities and does not present a threat to health and 144 |
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218 | | - | human safety. 145 |
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219 | | - | (c) The resident lives in the temporary structure. 146 |
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220 | | - | Section 3. Effective upon becoming a law, paragraphs (bb), 147 |
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221 | | - | (cc), and (dd) are added to subsection (2) of section 252.35, 148 |
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222 | | - | Florida Statutes, to read: 149 |
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223 | | - | 252.35 Emergency management powers; Division of Emergency 150 |
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| 199 | + | structure was damaged and rendered uninhabitable, a municipality 126 |
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| 200 | + | may not prohibit the placement of one temporary shelter on the 127 |
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| 201 | + | residential property for up to 36 months after the date of the 128 |
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| 202 | + | declaration or until a certificate of occupancy is issued on the 129 |
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| 203 | + | permanent residential structure on the property, whichever 130 |
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| 204 | + | occurs first, if all of the following circumstances apply: 131 |
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| 205 | + | (a) The resident makes a good faith effort to rebuild or 132 |
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| 206 | + | renovate the damaged permanent residential structure, including, 133 |
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| 207 | + | but not limited to, applying for a building permit, submitting a 134 |
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| 208 | + | plan or design to the municipality, or obtaining a construction 135 |
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| 209 | + | loan. 136 |
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| 210 | + | (b) The temporary shelter is connected to water and 137 |
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| 211 | + | electric utilities and does not present a threat to health and 138 |
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| 212 | + | human safety. 139 |
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| 213 | + | (c) The resident lives in the temporary structure. 140 |
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| 214 | + | Section 3. Effective upon becoming a law, paragraphs (bb), 141 |
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| 215 | + | (cc), and (dd) are added to subsection (2) of section 252.35, 142 |
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| 216 | + | Florida Statutes, to read: 143 |
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| 217 | + | 252.35 Emergency management powers; Division of Emergency 144 |
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| 218 | + | Management.— 145 |
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| 219 | + | (2) The division is responsible for carrying out the 146 |
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| 220 | + | provisions of ss. 252.31 -252.90. In performing its duties, the 147 |
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| 221 | + | division shall: 148 |
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| 222 | + | (bb) Post on its website a model of a local government 149 |
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| 223 | + | contract for debris removal to be used by political 150 |
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236 | | - | Management.— 151 |
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237 | | - | (2) The division is responsible for carrying out the 152 |
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238 | | - | provisions of ss. 252.31 -252.90. In performing its duties, the 153 |
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239 | | - | division shall: 154 |
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240 | | - | (bb) Post on its website a model of a local government 155 |
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241 | | - | contract for debris removal to be used by political 156 |
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242 | | - | subdivisions. The initial model contract must be posted to the 157 |
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243 | | - | website no later than June 1, 2023, and, the reafter, the model 158 |
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244 | | - | contract must be annually updated and posted to the website no 159 |
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245 | | - | later than June 1. 160 |
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246 | | - | (cc) Prioritize technical assistance and training to 161 |
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247 | | - | fiscally constrained counties as defined in s. 218.67(1) on 162 |
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248 | | - | aspects of safety measures, preparedness , prevention, response, 163 |
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249 | | - | recovery, and mitigation relating to natural disasters and 164 |
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250 | | - | emergencies. 165 |
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251 | | - | (dd) Administer a revolving loan program for local 166 |
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252 | | - | government hazard mitigation projects. 167 |
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253 | | - | Section 4. Paragraph (a) of subsection (1) of section 168 |
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254 | | - | 252.363, Florida Statutes, is amended to read: 169 |
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255 | | - | 252.363 Tolling and extension of permits and other 170 |
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256 | | - | authorizations.— 171 |
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257 | | - | (1)(a) The declaration of a state of emergency issued by 172 |
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258 | | - | the Governor for a natural emergency tolls the period remaining 173 |
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259 | | - | to exercise the rights und er a permit or other authorization for 174 |
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260 | | - | the duration of the emergency declaration. Further, the 175 |
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| 236 | + | subdivisions. The initial model contract must be posted to the 151 |
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| 237 | + | website no later than June 1, 2023, and, thereafter, the model 152 |
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| 238 | + | contract must be annually updated and posted to the website no 153 |
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| 239 | + | later than June 1. 154 |
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| 240 | + | (cc) Prioritize technical assistance and training to 155 |
---|
| 241 | + | fiscally constrained counties as defined in s. 218.67(1) on 156 |
---|
| 242 | + | aspects of safety measures, preparedness, prevention, respo nse, 157 |
---|
| 243 | + | recovery, and mitigation relating to natural disasters and 158 |
---|
| 244 | + | emergencies. 159 |
---|
| 245 | + | (dd) Administer a revolving loan program for local 160 |
---|
| 246 | + | government hazard mitigation projects. 161 |
---|
| 247 | + | Section 4. Paragraph (a) of subsection (1) of section 162 |
---|
| 248 | + | 252.363, Florida Statutes, is amended to read: 163 |
---|
| 249 | + | 252.363 Tolling and extension of permits and other 164 |
---|
| 250 | + | authorizations.— 165 |
---|
| 251 | + | (1)(a) The declaration of a state of emergency issued by 166 |
---|
| 252 | + | the Governor for a natural emergency tolls the period remaining 167 |
---|
| 253 | + | to exercise the rights under a permit or othe r authorization for 168 |
---|
| 254 | + | the duration of the emergency declaration. Further, the 169 |
---|
| 255 | + | emergency declaration extends the period remaining to exercise 170 |
---|
| 256 | + | the rights under a permit or other authorization for 24 6 months 171 |
---|
| 257 | + | in addition to the tolled period. The extended period to 172 |
---|
| 258 | + | exercise the rights under a permit or other authorization may 173 |
---|
| 259 | + | not exceed 48 months in total in the event of multiple natural 174 |
---|
| 260 | + | emergencies for which the Governor declares a state of 175 |
---|
273 | | - | emergency declaration extends the period remaining to exercise 176 |
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274 | | - | the rights under a permit or other authorization for 24 6 months 177 |
---|
275 | | - | in addition to the tolled period. The extended period to 178 |
---|
276 | | - | exercise the rights under a permit or other authorization may 179 |
---|
277 | | - | not exceed 48 months in total in the event of multiple natural 180 |
---|
278 | | - | emergencies for which the Governor declares a state of 181 |
---|
279 | | - | emergency. The tolling and extension of permits and other 182 |
---|
280 | | - | authorizations under this paragraph shall apply retroactively to 183 |
---|
281 | | - | September 28, 2022. This paragraph applies to the following: 184 |
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282 | | - | 1. The expiration of a development order issued by a local 185 |
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283 | | - | government. 186 |
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284 | | - | 2. The expiration of a building permit. 187 |
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285 | | - | 3. The expiration of a permit issued by the Department of 188 |
---|
286 | | - | Environmental Protection or a water management district pursuant 189 |
---|
287 | | - | to part IV of chapter 373. 190 |
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288 | | - | 4. Permits issued by the Department of Environmental 191 |
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289 | | - | Protection or a water management district pursuant to part II of 192 |
---|
290 | | - | chapter 373 for land subject to a development agreement under 193 |
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291 | | - | ss. 163.3220-163.3243 in which the permittee and the developer 194 |
---|
292 | | - | are the same or a related entity. 195 |
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293 | | - | 5. The buildout date of a development of regional impact, 196 |
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294 | | - | including any extension of a b uildout date that was previously 197 |
---|
295 | | - | granted as specified in s. 380.06(7)(c). 198 |
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296 | | - | 6. The expiration of a development permit or development 199 |
---|
297 | | - | agreement authorized by Florida Statutes, including those 200 |
---|
| 273 | + | emergency. This paragraph applies to the following: 176 |
---|
| 274 | + | 1. The expiration of a development order issued by a local 177 |
---|
| 275 | + | government. 178 |
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| 276 | + | 2. The expiration of a building permit. 179 |
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| 277 | + | 3. The expiration of a permit issued by the Department of 180 |
---|
| 278 | + | Environmental Protection or a water management district pursuant 181 |
---|
| 279 | + | to part IV of chapter 373. 182 |
---|
| 280 | + | 4. Permits issued by the Department of Environmental 183 |
---|
| 281 | + | Protection or a water management district pursuant to part II of 184 |
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| 282 | + | chapter 373 for land subject to a development agreement under 185 |
---|
| 283 | + | ss. 163.3220-163.3243 in which the permittee and the developer 186 |
---|
| 284 | + | are the same or a related entity. 187 |
---|
| 285 | + | 5. The buildout date of a development of regional impact, 188 |
---|
| 286 | + | including any extension of a buildout date that was previously 189 |
---|
| 287 | + | granted as specified in s. 380.06(7)(c). 190 |
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| 288 | + | 6. The expiration of a development permit or development 191 |
---|
| 289 | + | agreement authorized by Florida Statutes, including those 192 |
---|
| 290 | + | authorized under the Florida Local Government Development 193 |
---|
| 291 | + | Agreement Act, or issued by a local government or other 194 |
---|
| 292 | + | governmental agency. 195 |
---|
| 293 | + | Section 5. Section 252.391, Florida Statutes, is created 196 |
---|
| 294 | + | to read: 197 |
---|
| 295 | + | 252.391 Emergency financial plans. — 198 |
---|
| 296 | + | (1) As used in this section, the term "local governmental 199 |
---|
| 297 | + | entity" means a county, municipality, or district school board. 200 |
---|
310 | | - | authorized under the Florida Local Government Development 201 |
---|
311 | | - | Agreement Act, or issued by a local government or other 202 |
---|
312 | | - | governmental agency. 203 |
---|
313 | | - | Section 5. Section 252.391, Florida Statutes, is created 204 |
---|
314 | | - | to read: 205 |
---|
315 | | - | 252.391 Emergency financial plans. — 206 |
---|
316 | | - | (1) As used in this section, the term "local governmental 207 |
---|
317 | | - | entity" means a county, municipality, or district school board. 208 |
---|
318 | | - | (2) Each local governmental entity is encouraged to 209 |
---|
319 | | - | develop an emergency financial plan for major natural disasters 210 |
---|
320 | | - | that may impact its jurisdiction. Disasters include, but are not 211 |
---|
321 | | - | limited to, hurricanes, tor nadoes, floods, and wildfires. 212 |
---|
322 | | - | (3) Each emergency financial plan should be based on the 213 |
---|
323 | | - | likely frequency of the disaster's occurrence. The financial 214 |
---|
324 | | - | plan should include a calculation of the costs for the natural 215 |
---|
325 | | - | disaster event and a determination of the financial resources 216 |
---|
326 | | - | available to the local governmental entity. If insufficient 217 |
---|
327 | | - | funds are available to address the disaster event, the emergency 218 |
---|
328 | | - | financial plan should identify strategies to close the gap 219 |
---|
329 | | - | between the disaster event costs and the local gover nmental 220 |
---|
330 | | - | entity's financial capacity. Such strategies may include rainy 221 |
---|
331 | | - | day funds, reprioritizing its annual budget, and borrowing. 222 |
---|
332 | | - | (4) Local governmental entities should annually review 223 |
---|
333 | | - | their emergency financial plans to address changes in 224 |
---|
334 | | - | conditions. 225 |
---|
| 310 | + | (2) Each local governmental entity is encouraged to 201 |
---|
| 311 | + | develop an emergency financial plan for major natur al disasters 202 |
---|
| 312 | + | that may impact its jurisdiction. Disasters include, but are not 203 |
---|
| 313 | + | limited to, hurricanes, tornadoes, floods, and wildfires. 204 |
---|
| 314 | + | (3) Each emergency financial plan should be based on the 205 |
---|
| 315 | + | likely frequency of the disaster's occurrence. The financial 206 |
---|
| 316 | + | plan should include a calculation of the costs for the natural 207 |
---|
| 317 | + | disaster event and a determination of the financial resources 208 |
---|
| 318 | + | available to the local governmental entity. If insufficient 209 |
---|
| 319 | + | funds are available to address the disaster event, the emergency 210 |
---|
| 320 | + | financial plan should identify strategies to close the gap 211 |
---|
| 321 | + | between the disaster event costs and the local governmental 212 |
---|
| 322 | + | entity's financial capacity. Such strategies may include rainy 213 |
---|
| 323 | + | day funds, reprioritizing its annual budget, and borrowing. 214 |
---|
| 324 | + | (4) Local governmental entities should annually review 215 |
---|
| 325 | + | their emergency financial plans to address changes in 216 |
---|
| 326 | + | conditions. 217 |
---|
| 327 | + | Section 6. Subsections (3) and (4) are added to section 218 |
---|
| 328 | + | 252.40, Florida Statutes, to read: 219 |
---|
| 329 | + | 252.40 Mutual aid arrangements. — 220 |
---|
| 330 | + | (3) Local governments may create inspection teams to 221 |
---|
| 331 | + | review and approve expedited permits for temporary housing 222 |
---|
| 332 | + | solutions, repairs, and renovations after a natural disaster. 223 |
---|
| 333 | + | Local governments are encouraged to establish interlocal 224 |
---|
| 334 | + | agreements with other jurisdictions to provide additional 225 |
---|
347 | | - | Section 6. Subsections (3) and (4) are added to section 226 |
---|
348 | | - | 252.40, Florida Statutes, to read: 227 |
---|
349 | | - | 252.40 Mutual aid arrangements. — 228 |
---|
350 | | - | (3) Local governments may create inspection teams to 229 |
---|
351 | | - | review and approve expedited permits for temporary housing 230 |
---|
352 | | - | solutions, repairs, and renovations after a natural disaster. 231 |
---|
353 | | - | Local governments are encouraged to establish interlocal 232 |
---|
354 | | - | agreements with other jurisdictions to provide additional 233 |
---|
355 | | - | inspection services during a state of emergency. 234 |
---|
356 | | - | (4) Municipalities and counties are encour aged to develop 235 |
---|
357 | | - | and adopt plans to provide temporary accommodations for 236 |
---|
358 | | - | contractors, utility workers, first responders, and others 237 |
---|
359 | | - | dispatched to aid in hurricane recovery efforts. Public areas, 238 |
---|
360 | | - | including, but not limited to, fairgrounds and parking lots, m ay 239 |
---|
361 | | - | be used for tents and trailers for such temporary 240 |
---|
362 | | - | accommodations. 241 |
---|
363 | | - | Section 7. Effective upon becoming a law, paragraph (g) of 242 |
---|
364 | | - | subsection (2) of section 287.055, Florida Statutes, is amended 243 |
---|
365 | | - | to read: 244 |
---|
366 | | - | 287.055 Acquisition of professional architectural , 245 |
---|
367 | | - | engineering, landscape architectural, or surveying and mapping 246 |
---|
368 | | - | services; definitions; procedures; contingent fees prohibited; 247 |
---|
369 | | - | penalties.— 248 |
---|
370 | | - | (2) DEFINITIONS.—For purposes of this section: 249 |
---|
371 | | - | (g) A "continuing contract" is a contract for professional 250 |
---|
| 347 | + | inspection services during a state of emergency. 226 |
---|
| 348 | + | (4) Municipalities and counties are encouraged to develop 227 |
---|
| 349 | + | and adopt plans to provide temporary accommodations for 228 |
---|
| 350 | + | contractors, utility workers, first responders, and others 229 |
---|
| 351 | + | dispatched to aid in hurricane recovery efforts. Public areas, 230 |
---|
| 352 | + | including, but not limited to, fairgrounds and parking lots, may 231 |
---|
| 353 | + | be used for tents and trailers for such temporary 232 |
---|
| 354 | + | accommodations. 233 |
---|
| 355 | + | Section 7. Effective upon becoming a law, paragraph (g) of 234 |
---|
| 356 | + | subsection (2) of section 287.055, Florida Statutes, is amended 235 |
---|
| 357 | + | to read: 236 |
---|
| 358 | + | 287.055 Acquisition of professional architectural, 237 |
---|
| 359 | + | engineering, landscape architectural, or surveying and mapping 238 |
---|
| 360 | + | services; definitions; procedures; contingent fees prohibited; 239 |
---|
| 361 | + | penalties.— 240 |
---|
| 362 | + | (2) DEFINITIONS.—For purposes of this section: 241 |
---|
| 363 | + | (g) A "continuing contract" is a contract for professional 242 |
---|
| 364 | + | services entered into in accordance with all the procedures of 243 |
---|
| 365 | + | this act between an agency and a firm whereby the firm provides 244 |
---|
| 366 | + | professional services to the agency for projects in which the 245 |
---|
| 367 | + | estimated construction cost of each individual project under the 246 |
---|
| 368 | + | contract does not exceed $4 million, for study activity if the 247 |
---|
| 369 | + | fee for professional services for each individual study under 248 |
---|
| 370 | + | the contract does not exceed $500,000, or for work of a 249 |
---|
| 371 | + | specified nature as outlined in the contract required by the 250 |
---|
384 | | - | services entered into in accordance with all the procedures of 251 |
---|
385 | | - | this act between an agency and a firm whereby the firm provides 252 |
---|
386 | | - | professional services to the agency for projects in which the 253 |
---|
387 | | - | estimated construction cost of each individual project under the 254 |
---|
388 | | - | contract does not exceed $4 million, for study activity if the 255 |
---|
389 | | - | fee for professional services for each individual study under 256 |
---|
390 | | - | the contract does not exceed $500,000, or for work of a 257 |
---|
391 | | - | specified nature as outlined in the contract required by the 258 |
---|
392 | | - | agency, with the contract being for a fixed term or with no time 259 |
---|
393 | | - | limitation except that the contract must provide a termination 260 |
---|
394 | | - | clause. Firms providing professional services under continuing 261 |
---|
395 | | - | contracts shall not be required to bid against one another. The 262 |
---|
396 | | - | term "continuing contract" includes contracts executed through 263 |
---|
397 | | - | December 31, 2023, for professional services to the agency for 264 |
---|
398 | | - | projects related to repairs and remediation to a specific site 265 |
---|
399 | | - | due to damage caused by Hurricane Ian in which the estimated 266 |
---|
400 | | - | construction cost for e ach individual project does not exceed 267 |
---|
401 | | - | $15 million. 268 |
---|
402 | | - | Section 8. The amendments made by this act to s. 269 |
---|
403 | | - | 287.055(2)(g), Florida Statutes, expire on January 1, 2024, and 270 |
---|
404 | | - | the text of that paragraph shall revert to that in existence on 271 |
---|
405 | | - | the day before the date that this act became a law, except that 272 |
---|
406 | | - | any amendments to such text enacted other than by this act shall 273 |
---|
407 | | - | be preserved and continue to operate to the extent that such 274 |
---|
408 | | - | amendments are not dependent upon the portions of the text which 275 |
---|
| 384 | + | agency, with the contract being for a fixed term or with no time 251 |
---|
| 385 | + | limitation except that the contract must provide a termination 252 |
---|
| 386 | + | clause. Firms providing professional ser vices under continuing 253 |
---|
| 387 | + | contracts shall not be required to bid against one another. The 254 |
---|
| 388 | + | term "continuing contract" includes contracts executed through 255 |
---|
| 389 | + | December 31, 2023, for professional services to the agency for 256 |
---|
| 390 | + | projects related to repairs and remediation to a specific site 257 |
---|
| 391 | + | due to damage caused by Hurricane Ian in which the estimated 258 |
---|
| 392 | + | construction cost for each individual project does not exceed 259 |
---|
| 393 | + | $15 million. 260 |
---|
| 394 | + | Section 8. The amendments made by this act to s. 261 |
---|
| 395 | + | 287.055(2)(g), Florida Statutes, expire on Janu ary 1, 2024, and 262 |
---|
| 396 | + | the text of that paragraph shall revert to that in existence on 263 |
---|
| 397 | + | the day before the date that this act became a law, except that 264 |
---|
| 398 | + | any amendments to such text enacted other than by this act shall 265 |
---|
| 399 | + | be preserved and continue to operate to the ex tent that such 266 |
---|
| 400 | + | amendments are not dependent upon the portions of the text which 267 |
---|
| 401 | + | expire pursuant to this section. 268 |
---|
| 402 | + | Section 9. Section 288.066, Florida Statutes, as created 269 |
---|
| 403 | + | by section 1 of chapter 2023 -1, Laws of Florida, is amended to 270 |
---|
| 404 | + | read: 271 |
---|
| 405 | + | 288.066 Local Government Emergency Revolving Bridge Loan 272 |
---|
| 406 | + | Program.— 273 |
---|
| 407 | + | (1) CREATION.—The Local Government Emergency Revolving 274 |
---|
| 408 | + | Bridge Loan Program is created , subject to appropriation, within 275 |
---|
421 | | - | expire pursuant to this section. 276 |
---|
422 | | - | Section 9. Section 288.066, Florida Statutes, as created 277 |
---|
423 | | - | by section 1 of chapter 2023 -1, Laws of Florida, is amended to 278 |
---|
424 | | - | read: 279 |
---|
425 | | - | 288.066 Local Government Emergency Revolving Bridge Loan 280 |
---|
426 | | - | Program.— 281 |
---|
427 | | - | (1) CREATION.—The Local Government Emergency Revolving 282 |
---|
428 | | - | Bridge Loan Program is created , subject to appropriation, within 283 |
---|
429 | | - | the department to provide financial assistance to local 284 |
---|
430 | | - | governments impacted by federally declared disasters Hurricane 285 |
---|
431 | | - | Ian or Hurricane Nicole . The purpose of the loan program is to 286 |
---|
432 | | - | assist these local governments in maintaining government 287 |
---|
433 | | - | operations by bridging the gap between the time that the 288 |
---|
434 | | - | declared disaster occurred and the time that additional funding 289 |
---|
435 | | - | sources or revenues are secured to provide them with financial 290 |
---|
436 | | - | assistance. 291 |
---|
437 | | - | (2) ELIGIBILITY.—To be eligible for a loan under the 292 |
---|
438 | | - | program, a local government must be a county or a municipality 293 |
---|
439 | | - | located in an area designated in a the Federal Emergency 294 |
---|
440 | | - | Management Agency disaster declaration declarations for 295 |
---|
441 | | - | Hurricane Ian or Hurricane Nicole. The local government must 296 |
---|
442 | | - | show that it may suffer or has suffered substantial loss of its 297 |
---|
443 | | - | tax or other revenues as a result of the disaster hurricane and 298 |
---|
444 | | - | demonstrate a need for financial assistance to enable it to 299 |
---|
445 | | - | continue to perform its government al operations. Access to and 300 |
---|
| 421 | + | the department to provide financial assistance to local 276 |
---|
| 422 | + | governments impacted b y federally declared disasters Hurricane 277 |
---|
| 423 | + | Ian or Hurricane Nicole . The purpose of the loan program is to 278 |
---|
| 424 | + | assist these local governments in maintaining government 279 |
---|
| 425 | + | operations by bridging the gap between the time that the 280 |
---|
| 426 | + | declared disaster occurred and the tim e that additional funding 281 |
---|
| 427 | + | sources or revenues are secured to provide them with financial 282 |
---|
| 428 | + | assistance. 283 |
---|
| 429 | + | (2) ELIGIBILITY.—To be eligible for a loan under the 284 |
---|
| 430 | + | program, a local government must be a county or a municipality 285 |
---|
| 431 | + | located in an area designated in a the Federal Emergency 286 |
---|
| 432 | + | Management Agency disaster declaration declarations for 287 |
---|
| 433 | + | Hurricane Ian or Hurricane Nicole . The local government must 288 |
---|
| 434 | + | show that it may suffer or has suffered substantial loss of its 289 |
---|
| 435 | + | tax or other revenues as a result of the disaster hurricane and 290 |
---|
| 436 | + | demonstrate a need for financial assistance to enable it to 291 |
---|
| 437 | + | continue to perform its governmental operations. Access to and 292 |
---|
| 438 | + | eligibility for the loan program supersedes any local government 293 |
---|
| 439 | + | charter or borrowing limitations that would otherwise 294 |
---|
| 440 | + | financially constrain the local government's ability to recover 295 |
---|
| 441 | + | from a disaster. 296 |
---|
| 442 | + | (3) LOAN TERMS.— 297 |
---|
| 443 | + | (a) The department may provide interest -free loans to 298 |
---|
| 444 | + | eligible local governments through a promissory note or other 299 |
---|
| 445 | + | form of written agreement evidencing an o bligation to repay the 300 |
---|
458 | | - | eligibility for the loan program supersedes any local government 301 |
---|
459 | | - | charter or borrowing limitations that would otherwise 302 |
---|
460 | | - | financially constrain the local government's ability to recover 303 |
---|
461 | | - | from a disaster. 304 |
---|
462 | | - | (3) LOAN TERMS.— 305 |
---|
463 | | - | (a) The department may provide interest -free loans to 306 |
---|
464 | | - | eligible local governments through a promissory note or other 307 |
---|
465 | | - | form of written agreement evidencing an obligation to repay the 308 |
---|
466 | | - | borrowed funds to the department. 309 |
---|
467 | | - | (b) The amount of each loan must be based upon 310 |
---|
468 | | - | demonstrated need and must be disbursed to the local government 311 |
---|
469 | | - | in a lump sum. 312 |
---|
470 | | - | (c) The term of the loan is up to 24 months 1 year, unless 313 |
---|
471 | | - | otherwise extended by the department . However, the department 314 |
---|
472 | | - | may extend loan terms for up to 6 months based on the local 315 |
---|
473 | | - | government's financial condition. 316 |
---|
474 | | - | (4) APPLICATION.—The department shall prescribe a loan 317 |
---|
475 | | - | application and may request any other information determined 318 |
---|
476 | | - | necessary by the department to review and evaluate the 319 |
---|
477 | | - | application. The eligible local government must submit a loan 320 |
---|
478 | | - | application within the 12 months after the date that the federal 321 |
---|
479 | | - | disaster was declared. Upon receipt of an application, the 322 |
---|
480 | | - | department shall review the application and may request 323 |
---|
481 | | - | additional information as necessary to complete the revi ew and 324 |
---|
482 | | - | evaluation. If the loan application is approved, the department 325 |
---|
| 458 | + | borrowed funds to the department. 301 |
---|
| 459 | + | (b) The amount of each loan must be based upon 302 |
---|
| 460 | + | demonstrated need and must be disbursed to the local government 303 |
---|
| 461 | + | in a lump sum. 304 |
---|
| 462 | + | (c) The term of the loan is up to 24 months 1 year, unless 305 |
---|
| 463 | + | otherwise extended by the department . However, the department 306 |
---|
| 464 | + | may extend loan terms for up to 6 months based on the local 307 |
---|
| 465 | + | government's financial condition. 308 |
---|
| 466 | + | (4) APPLICATION.—The department shall prescribe a loan 309 |
---|
| 467 | + | application and may request any other information det ermined 310 |
---|
| 468 | + | necessary by the department to review and evaluate the 311 |
---|
| 469 | + | application. The eligible local government must submit a loan 312 |
---|
| 470 | + | application within the 12 months after the date that the federal 313 |
---|
| 471 | + | disaster was declared. Upon receipt of an application, the 314 |
---|
| 472 | + | department shall review the application and may request 315 |
---|
| 473 | + | additional information as necessary to complete the review and 316 |
---|
| 474 | + | evaluation. If the loan application is approved, the department 317 |
---|
| 475 | + | shall determine the amount to be loaned, which may be a lower 318 |
---|
| 476 | + | amount than requested, based on the information provided and the 319 |
---|
| 477 | + | total amount of funds available to be loaned and in relation to 320 |
---|
| 478 | + | demonstrated need from other eligible applicants. If the loan 321 |
---|
| 479 | + | application is denied, reasons for the denial may include, but 322 |
---|
| 480 | + | are not limited to, the loan risk, an incomplete application, 323 |
---|
| 481 | + | failure to demonstrate need, or the fact that receiving a loan 324 |
---|
| 482 | + | may negatively affect the local government's eligibility for 325 |
---|
495 | | - | shall determine the amount to be loaned, which may be a lower 326 |
---|
496 | | - | amount than requested, based on the information provided and the 327 |
---|
497 | | - | total amount of funds available to be loaned and in relati on to 328 |
---|
498 | | - | demonstrated need from other eligible applicants. If the loan 329 |
---|
499 | | - | application is denied, reasons for the denial may include, but 330 |
---|
500 | | - | are not limited to, the loan risk, an incomplete application, 331 |
---|
501 | | - | failure to demonstrate need, or the fact that receiving a loan 332 |
---|
502 | | - | may negatively affect the local government's eligibility for 333 |
---|
503 | | - | other federal programs. 334 |
---|
504 | | - | (5)(4) USE OF LOAN FUNDS.—A local government may use loan 335 |
---|
505 | | - | funds only to continue local governmental operations or to 336 |
---|
506 | | - | expand or modify such operations to meet disaster -related needs. 337 |
---|
507 | | - | The funds may not be used to finance or supplant funding for 338 |
---|
508 | | - | capital improvements or to repair or restore damaged public 339 |
---|
509 | | - | facilities or infrastructure. 340 |
---|
510 | | - | (6)(5) LOAN REPAYMENT.— 341 |
---|
511 | | - | (a) The local government may make payments against the 342 |
---|
512 | | - | loan at any time without penalty. Early repayment is encouraged 343 |
---|
513 | | - | as other funding sources or revenues become available to the 344 |
---|
514 | | - | local government. 345 |
---|
515 | | - | (b) Loans become due and payable in accordance with the 346 |
---|
516 | | - | terms of the agreement. 347 |
---|
517 | | - | (7)(6) ADMINISTRATION.— 348 |
---|
518 | | - | (a) Upon the issuance of a federal disaster declaration, 349 |
---|
519 | | - | the department shall provide notice of application requirements 350 |
---|
| 495 | + | other federal programs. 326 |
---|
| 496 | + | (5)(4) USE OF LOAN FUNDS.—A local government may use loan 327 |
---|
| 497 | + | funds only to continue local governmental operations or to 328 |
---|
| 498 | + | expand or modify such operations to meet disaster -related needs. 329 |
---|
| 499 | + | The funds may not be used to finance or supplant funding for 330 |
---|
| 500 | + | capital improvements or to repair or restore damaged public 331 |
---|
| 501 | + | facilities or infrastructure. 332 |
---|
| 502 | + | (6)(5) LOAN REPAYMENT.— 333 |
---|
| 503 | + | (a) The local government may make payments against the 334 |
---|
| 504 | + | loan at any time without penalty. Early repayment is encouraged 335 |
---|
| 505 | + | as other funding sources or revenues become available to the 336 |
---|
| 506 | + | local government. 337 |
---|
| 507 | + | (b) Loans become due and payable in accordance with the 338 |
---|
| 508 | + | terms of the agreement. 339 |
---|
| 509 | + | (7)(6) ADMINISTRATION.— 340 |
---|
| 510 | + | (a) Upon the issuance of a federal disaster declaration, 341 |
---|
| 511 | + | the department shall provide notice of application requirements 342 |
---|
| 512 | + | and the total amount of funds available an d shall make loan 343 |
---|
| 513 | + | information available to eligible local governments. Based upon 344 |
---|
| 514 | + | the amount of funds in the Economic Development Trust Fund 345 |
---|
| 515 | + | available to be loaned and anticipated balances, the department 346 |
---|
| 516 | + | may make funds available in an amount reasonably re lated to the 347 |
---|
| 517 | + | anticipated need, based upon the impacts of the federal 348 |
---|
| 518 | + | disaster, up to the total amount available The department may 349 |
---|
| 519 | + | approve loans in the 2022 -2023 fiscal year or the 2023 -2024 350 |
---|
532 | | - | and the total amount of funds available and shall make loan 351 |
---|
533 | | - | information available to eligible local governments. Based upon 352 |
---|
534 | | - | the amount of funds in the Economic Development Trust Fund 353 |
---|
535 | | - | available to be loaned and anticipated balances, the department 354 |
---|
536 | | - | may make funds available in an amount reasonably related to the 355 |
---|
537 | | - | anticipated need, based upon the impacts of the federal 356 |
---|
538 | | - | disaster, up to the total amount ava ilable The department may 357 |
---|
539 | | - | approve loans in the 2022 -2023 fiscal year or the 2023 -2024 358 |
---|
540 | | - | fiscal year up to the total amount appropriated . 359 |
---|
541 | | - | (b) The department must coordinate with the Division of 360 |
---|
542 | | - | Emergency Management or other applicable state agencies to 361 |
---|
543 | | - | assess whether such loans would affect reimbursement under 362 |
---|
544 | | - | federal programs for disaster -related expenses. 363 |
---|
545 | | - | (c) All repayments of principal and interest must be 364 |
---|
546 | | - | returned to the loan fund and made available as provided in this 365 |
---|
547 | | - | section. Notwithstanding s. 216.3 01, funds appropriated for this 366 |
---|
548 | | - | program are not subject to reversion Upon receipt of any loan 367 |
---|
549 | | - | payment from a local government, the department shall transfer 368 |
---|
550 | | - | the funds to the General Revenue Fund . 369 |
---|
551 | | - | (8)(7) RULES.—The department may adopt rules to implement 370 |
---|
552 | | - | this section. 371 |
---|
553 | | - | (9)(8) EXPIRATION.—This section expires July 1, 2038. A 372 |
---|
554 | | - | loan may not be awarded after June 30, 2038 June 30, 2027. Upon 373 |
---|
555 | | - | expiration, all unencumbered funds and loan repayments made on 374 |
---|
556 | | - | or after July 1, 2038, must be transferred revert to the General 375 |
---|
| 532 | + | fiscal year up to the total amount appropriated . 351 |
---|
| 533 | + | (b) The department must coordinate with the Division of 352 |
---|
| 534 | + | Emergency Management or other applicable state agencies to 353 |
---|
| 535 | + | assess whether such loans would affect reimbursement under 354 |
---|
| 536 | + | federal programs for disaster -related expenses. 355 |
---|
| 537 | + | (c) All repayments of principal and interest m ust be 356 |
---|
| 538 | + | returned to the loan fund and made available as provided in this 357 |
---|
| 539 | + | section. Notwithstanding s. 216.301, funds appropriated for this 358 |
---|
| 540 | + | program are not subject to reversion Upon receipt of any loan 359 |
---|
| 541 | + | payment from a local government, the department shall tra nsfer 360 |
---|
| 542 | + | the funds to the General Revenue Fund . 361 |
---|
| 543 | + | (8)(7) RULES.—The department may adopt rules to implement 362 |
---|
| 544 | + | this section. 363 |
---|
| 545 | + | (9)(8) EXPIRATION.—This section expires July 1, 2038 June 364 |
---|
| 546 | + | 30, 2027. A loan may not be awarded after June 30, 2038. Upon 365 |
---|
| 547 | + | expiration, all unencumbered funds and loan repayments made on 366 |
---|
| 548 | + | or after July 1, 2038, must be transferred revert to the General 367 |
---|
| 549 | + | Revenue Fund. 368 |
---|
| 550 | + | Section 10. Effective upon becoming a law, subsection (5) 369 |
---|
| 551 | + | is added to section 489.117, Florida Statutes, to read: 370 |
---|
| 552 | + | 489.117 Registration; specialty contractors. — 371 |
---|
| 553 | + | (5) Notwithstanding paragraph (1)(b), a registered 372 |
---|
| 554 | + | contractor may engage in contracting only for work covered by 373 |
---|
| 555 | + | the registration within an area for which a state of emergency 374 |
---|
| 556 | + | is declared pursuant to s. 252.36 for a n atural emergency. This 375 |
---|
569 | | - | Revenue Fund. 376 |
---|
570 | | - | Section 10. Section 366.98, Florida Statutes, is created 377 |
---|
571 | | - | to read: 378 |
---|
572 | | - | 366.98 Public utility liability arising out of emergencies 379 |
---|
573 | | - | and disasters.— 380 |
---|
574 | | - | (1) A public utility is not liable for damages based in 381 |
---|
575 | | - | whole or in part on changes i n the reliability, continuity, or 382 |
---|
576 | | - | quality of utility services which arise in any way out of an 383 |
---|
577 | | - | emergency or disaster, including, but not limited to, a state of 384 |
---|
578 | | - | emergency declared under s. 252.36. Consistent with the 385 |
---|
579 | | - | commission's jurisdiction over public ut ility rates and service, 386 |
---|
580 | | - | issues relating to the sufficiency of a public utility's 387 |
---|
581 | | - | disaster preparedness and response shall be resolved by the 388 |
---|
582 | | - | commission. 389 |
---|
583 | | - | (2) This section does not create a new cause of action. In 390 |
---|
584 | | - | the event that there is a conflict betwee n this section and any 391 |
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585 | | - | other section of the Florida Statutes, this section shall 392 |
---|
586 | | - | control. 393 |
---|
587 | | - | Section 11. Effective upon becoming a law, subsection (5) 394 |
---|
588 | | - | is added to section 489.117, Florida Statutes, to read: 395 |
---|
589 | | - | 489.117 Registration; specialty contractors. — 396 |
---|
590 | | - | (5) Notwithstanding paragraph (1)(b), a registered 397 |
---|
591 | | - | contractor may engage in contracting only for work covered by 398 |
---|
592 | | - | the registration within an area for which a state of emergency 399 |
---|
593 | | - | is declared pursuant to s. 252.36 for a natural emergency. This 400 |
---|
| 569 | + | authorization terminates 24 months after the expiration of the 376 |
---|
| 570 | + | declared state of emergency. The local jurisdiction that 377 |
---|
| 571 | + | licenses the registered contractor may discipline the registered 378 |
---|
| 572 | + | contractor for violations occurring outside the licensing 379 |
---|
| 573 | + | jurisdiction which occur during the period such work is 380 |
---|
| 574 | + | authorized under this subsection. 381 |
---|
| 575 | + | Section 11. Section 553.7922, Florida Statutes, is created 382 |
---|
| 576 | + | to read: 383 |
---|
| 577 | + | 553.7922 Local government -expedited approval of certain 384 |
---|
| 578 | + | permits.—Following a state of emergency declared pursuant to s. 385 |
---|
| 579 | + | 252.36 for a natural emergency, local governments impacted by 386 |
---|
| 580 | + | the emergency shall approve special processing procedures to 387 |
---|
| 581 | + | expedite permit issuance for permits that do not require 388 |
---|
| 582 | + | technical review, including, but not l imited to, roof repairs, 389 |
---|
| 583 | + | reroofing, electrical repairs, service changes, or the 390 |
---|
| 584 | + | replacement of one window or one door. Local governments may 391 |
---|
| 585 | + | waive application and inspection fees for permits expedited 392 |
---|
| 586 | + | under this section. 393 |
---|
| 587 | + | Section 12. Effective upon beco ming a law, present 394 |
---|
| 588 | + | subsections (8) and (9) of section 553.80, Florida Statutes, are 395 |
---|
| 589 | + | redesignated as subsections (9) and (10), respectively, and a 396 |
---|
| 590 | + | new subsection (8) is added to that section, to read: 397 |
---|
| 591 | + | 553.80 Enforcement. — 398 |
---|
| 592 | + | (8) Effective January 1, 2023, local governments located 399 |
---|
| 593 | + | in areas designated in the Federal Emergency Management Agency 400 |
---|
606 | | - | authorization terminates 24 months after the expiration of the 401 |
---|
607 | | - | declared state of emergency. The local jurisdiction that 402 |
---|
608 | | - | licenses the registered contractor may discipline the registered 403 |
---|
609 | | - | contractor for violations occurring outside the licensing 404 |
---|
610 | | - | jurisdiction which occur du ring the period such work is 405 |
---|
611 | | - | authorized under this subsection. 406 |
---|
612 | | - | Section 12. Section 553.7922, Florida Statutes, is created 407 |
---|
613 | | - | to read: 408 |
---|
614 | | - | 553.7922 Local government -expedited approval of certain 409 |
---|
615 | | - | permits.—Following a state of emergency declared pursuant to s. 410 |
---|
616 | | - | 252.36 for a natural emergency, local governments impacted by 411 |
---|
617 | | - | the emergency shall approve special processing procedures to 412 |
---|
618 | | - | expedite permit issuance for permits that do not require 413 |
---|
619 | | - | technical review, including, but not limited to, roof repairs, 414 |
---|
620 | | - | reroofing, electrical repairs, service changes, or the 415 |
---|
621 | | - | replacement of one window or one door. Local governments may 416 |
---|
622 | | - | waive application and inspection fees for permits expedited 417 |
---|
623 | | - | under this section. 418 |
---|
624 | | - | Section 13. Effective upon becoming a law, present 419 |
---|
625 | | - | subsections (8) and (9) of section 553.80, Florida Statutes, are 420 |
---|
626 | | - | redesignated as subsections (9) and (10), respectively, and a 421 |
---|
627 | | - | new subsection (8) is added to that section, to read: 422 |
---|
628 | | - | 553.80 Enforcement. — 423 |
---|
629 | | - | (8) Effective January 1, 2023, local governments located 424 |
---|
630 | | - | in areas designated in the Federal Emergency Management Agency 425 |
---|
| 606 | + | disaster declarations for Hurricane Ian or Hurricane Nicole may 401 |
---|
| 607 | + | not raise building inspection fees, as authorized by s. 402 |
---|
| 608 | + | 125.56(2) or s. 166.222 and this section, before October 1, 403 |
---|
| 609 | + | 2024. This subsection expires June 30, 2025. 404 |
---|
| 610 | + | Section 13. (1) A county or municipality located entirely 405 |
---|
| 611 | + | or partially within 100 miles of where either Hurricane Ian or 406 |
---|
| 612 | + | Hurricane Nicole made landfall shall not propose or adopt more 407 |
---|
| 613 | + | restrictive or burdensome amendments to its comprehensive plan 408 |
---|
| 614 | + | or land development regulations, nor propose or adopt more 409 |
---|
| 615 | + | restrictive or burdensome procedures concerning review, 410 |
---|
| 616 | + | approval, or issuance of a site plan, development permi t, or 411 |
---|
| 617 | + | development order, to the extent that those terms are defined by 412 |
---|
| 618 | + | s. 163.3164, Florida Statutes, before October 1, 2024, and any 413 |
---|
| 619 | + | such restrictive or burdensome comprehensive plan amendment, 414 |
---|
| 620 | + | land development regulation, or procedure shall be null and v oid 415 |
---|
| 621 | + | ab initio. This subsection applies retroactively to September 416 |
---|
| 622 | + | 28, 2022. 417 |
---|
| 623 | + | (2) Notwithstanding subsection (1), any comprehensive plan 418 |
---|
| 624 | + | amendment, land development regulation amendment, site plan, 419 |
---|
| 625 | + | development permit, or development order approved or adopt ed by 420 |
---|
| 626 | + | a county or municipality before or after the effective date of 421 |
---|
| 627 | + | this section may be enforced if: 422 |
---|
| 628 | + | (a) The associated application is initiated by a private 423 |
---|
| 629 | + | party other than the county or municipality; and 424 |
---|
| 630 | + | (b) The property that is the subject of the application is 425 |
---|
643 | | - | disaster declarations for Hurricane Ian or Hurricane Nicole may 426 |
---|
644 | | - | not raise building inspection fees, as authorized by s. 427 |
---|
645 | | - | 125.56(2) or s. 166.222 and this section, before October 1, 428 |
---|
646 | | - | 2024. This subsection e xpires June 30, 2025. 429 |
---|
647 | | - | Section 14. (1) A county or municipality located entirely 430 |
---|
648 | | - | or partially within 100 miles of where either Hurricane Ian or 431 |
---|
649 | | - | Hurricane Nicole made landfall shall not propose or adopt any 432 |
---|
650 | | - | moratorium on construction, reconstruction, or redevelopment of 433 |
---|
651 | | - | any property damaged by Hurricane Ian or Hurricane Nicole; 434 |
---|
652 | | - | propose or adopt more restrictive or burdensome amendments to 435 |
---|
653 | | - | its comprehensive plan or land development regulations; or 436 |
---|
654 | | - | propose or adopt more restrictive or burdensome procedures 437 |
---|
655 | | - | concerning review, approval, or issuance of a site plan, 438 |
---|
656 | | - | development permit, or development order, to the extent that 439 |
---|
657 | | - | those terms are defined by s. 163.3164, Florida Statutes, before 440 |
---|
658 | | - | October 1, 2024, and any such moratorium or restrictive or 441 |
---|
659 | | - | burdensome comprehensive plan amendment, land development 442 |
---|
660 | | - | regulation, or procedure shall be null and void ab initio. This 443 |
---|
661 | | - | subsection applies retroactively to September 28, 2022. 444 |
---|
662 | | - | (2) Notwithstanding subsection (1), any comprehensive plan 445 |
---|
663 | | - | amendment, land development re gulation amendment, site plan, 446 |
---|
664 | | - | development permit, or development order approved or adopted by 447 |
---|
665 | | - | a county or municipality before or after the effective date of 448 |
---|
666 | | - | this section may be enforced if: 449 |
---|
667 | | - | (a) The associated application is initiated by a private 450 |
---|
| 643 | + | owned by the initiating private party. 426 |
---|
| 644 | + | (3) This section shall take effect upon becoming a law and 427 |
---|
| 645 | + | expires June 30, 2025. 428 |
---|
| 646 | + | Section 14. Paragraph (d) is added to subsection (2) of 429 |
---|
| 647 | + | section 823.11, Florida Statutes, to read: 430 |
---|
| 648 | + | 823.11 Derelict vessels; relocation or removal; penalty. — 431 |
---|
| 649 | + | (2) 432 |
---|
| 650 | + | (d) Notwithstanding the additional 45 days provided in 433 |
---|
| 651 | + | sub-subparagraph (b)2.b. during which an owner or a responsible 434 |
---|
| 652 | + | party may not be charged for a violation of this section, the 435 |
---|
| 653 | + | commission, an officer of the commission, a law enforcement 436 |
---|
| 654 | + | agency or officer specified in s. 327.70, or, during a state of 437 |
---|
| 655 | + | emergency declared by the Governor, the Division of Emergency 438 |
---|
| 656 | + | Management or its designee, may immediately begin the process 439 |
---|
| 657 | + | set forth in s. 705.103(2)(a) a nd, once that process has been 440 |
---|
| 658 | + | completed and the 45 days provided herein have passed, any 441 |
---|
| 659 | + | vessel that has not been removed or repaired such that it is no 442 |
---|
| 660 | + | longer derelict upon the waters of this state may be removed and 443 |
---|
| 661 | + | destroyed as provided therein. 444 |
---|
| 662 | + | Section 15. For the 2023-2024 fiscal year, the sums of $1 445 |
---|
| 663 | + | million in nonrecurring funds from the General Revenue Fund and 446 |
---|
| 664 | + | $10 million in nonrecurring funds from the Federal Grants Trust 447 |
---|
| 665 | + | Fund are appropriated to the Division of Emergency Management to 448 |
---|
| 666 | + | fund the Safeguarding Tomorrow Through Ongoing Risk Mitigation 449 |
---|
| 667 | + | Act Revolving Loan Program. These funds shall be placed in 450 |
---|
680 | | - | party other than the county or municipality. 451 |
---|
681 | | - | (b) The property that is the subject of the application is 452 |
---|
682 | | - | owned by the initiating private party. 453 |
---|
683 | | - | (3) This section shall take effect upon becoming a law and 454 |
---|
684 | | - | expire June 30, 2025. 455 |
---|
685 | | - | Section 15. Paragraph (d) is a dded to subsection (2) of 456 |
---|
686 | | - | section 823.11, Florida Statutes, to read: 457 |
---|
687 | | - | 823.11 Derelict vessels; relocation or removal; penalty. — 458 |
---|
688 | | - | (2) 459 |
---|
689 | | - | (d) Notwithstanding the additional 45 days provided in 460 |
---|
690 | | - | sub-subparagraph (b)2.b. during which an owner or a responsible 461 |
---|
691 | | - | party may not be charged for a violation of this section, the 462 |
---|
692 | | - | commission, an officer of the commission, a law enforcement 463 |
---|
693 | | - | agency or officer specified in s. 327.70, or, during a state of 464 |
---|
694 | | - | emergency declared by the Governor, the Division of Emergency 465 |
---|
695 | | - | Management or its designee, may immediately begin the process 466 |
---|
696 | | - | set forth in s. 705.103(2)(a) and, once that process has been 467 |
---|
697 | | - | completed and the 45 days provided herein have passed, any 468 |
---|
698 | | - | vessel that has not been removed or repaired such that it is no 469 |
---|
699 | | - | longer derelict upon the waters of this state may be removed and 470 |
---|
700 | | - | destroyed as provided therein. 471 |
---|
701 | | - | Section 16. For the 2023-2024 fiscal year, the sums of $1 472 |
---|
702 | | - | million in nonrecurring funds from the General Revenue Fund and 473 |
---|
703 | | - | $10 million in nonrecurring funds from the Federal Grants Trust 474 |
---|
704 | | - | Fund are appropriated to the Division of Emergency Management to 475 |
---|
| 680 | + | reserve. The division is authorized to submit a budget amendment 451 |
---|
| 681 | + | for release of the funds held in reserve for approval by the 452 |
---|
| 682 | + | Legislative Budget Commission pursuant to chapter 216, Florida 453 |
---|
| 683 | + | Statutes. Release is contingent upon documentation of an award 454 |
---|
| 684 | + | or other approval by the Federal Emergency Management Agency and 455 |
---|
| 685 | + | the division's approved intended use plan for the funds. 456 |
---|
| 686 | + | Section 16. (1) For the 2023-2024 fiscal year, the sum of 457 |
---|
| 687 | + | $50 million in nonrecurring funds is appropriated from the 458 |
---|
| 688 | + | General Revenue Fund to the Economic Development Trust Fund of 459 |
---|
| 689 | + | the Department of Economic Opportunity to fund the Local 460 |
---|
| 690 | + | Government Emergency Revolving Brid ge Loan Program. 461 |
---|
| 691 | + | (2) Funds appropriated in section 3 of chapter 2023 -1, 462 |
---|
| 692 | + | Laws of Florida, for the Local Government Emergency Bridge Loan 463 |
---|
| 693 | + | Program which have not been loaned to a local government 464 |
---|
| 694 | + | pursuant to a loan agreement as of July 1, 2023, shall be 465 |
---|
| 695 | + | transferred by nonoperating budget authority to the Economic 466 |
---|
| 696 | + | Development Trust Fund of the Department of Economic Opportunity 467 |
---|
| 697 | + | to be used for the Local Government Emergency Revolving Bridge 468 |
---|
| 698 | + | Loan Program. 469 |
---|
| 699 | + | (3) Notwithstanding sections 1 and 3 of chapter 2023 -1, 470 |
---|
| 700 | + | Laws of Florida, all loan repayments for loans made under the 471 |
---|
| 701 | + | Local Government Emergency Bridge Loan Program shall be repaid 472 |
---|
| 702 | + | into the Economic Development Trust Fund and be made available 473 |
---|
| 703 | + | for loans under the Local Government Emergency Revolving Bridge 474 |
---|
| 704 | + | Loan Program. 475 |
---|
717 | | - | fund the Safeguarding Tomorrow Through Ongoing Risk Mitigation 476 |
---|
718 | | - | Act Revolving Loan Program. These funds shall be placed in 477 |
---|
719 | | - | reserve. The division is authorized to submit a budget a mendment 478 |
---|
720 | | - | for release of the funds held in reserve for approval by the 479 |
---|
721 | | - | Legislative Budget Commission pursuant to chapter 216, Florida 480 |
---|
722 | | - | Statutes. Release is contingent upon documentation of an award 481 |
---|
723 | | - | or other approval by the Federal Emergency Management Agency and 482 |
---|
724 | | - | the division's approved intended use plan for the funds. 483 |
---|
725 | | - | Section 17. (1) For the 2023-2024 fiscal year, the sum of 484 |
---|
726 | | - | $50 million in nonrecurring funds is appropriated from the 485 |
---|
727 | | - | General Revenue Fund to the Economic Development Trust Fund of 486 |
---|
728 | | - | the Department of Economic Opportunity to fund the Local 487 |
---|
729 | | - | Government Emergency Revolving Bridge Loan Program. 488 |
---|
730 | | - | (2) Funds appropriated in section 3 of chapter 2023 -1, 489 |
---|
731 | | - | Laws of Florida, for the Local Government Emergency Bridge Loan 490 |
---|
732 | | - | Program which have not been loaned to a local government 491 |
---|
733 | | - | pursuant to a loan agreement as of July 1, 2023, shall be 492 |
---|
734 | | - | transferred by nonoperating budget authority to the Economic 493 |
---|
735 | | - | Development Trust Fund of the Department of Economic Opportunity 494 |
---|
736 | | - | to be used for the Local Government Emergency Revo lving Bridge 495 |
---|
737 | | - | Loan Program. 496 |
---|
738 | | - | (3) Notwithstanding sections 1 and 3 of chapter 2023 -1, 497 |
---|
739 | | - | Laws of Florida, all loan repayments for loans made under the 498 |
---|
740 | | - | Local Government Emergency Bridge Loan Program shall be repaid 499 |
---|
741 | | - | into the Economic Development Trust Fund and b e made available 500 |
---|
742 | | - | |
---|
743 | | - | CS/HB 7057 2023 |
---|
744 | | - | |
---|
745 | | - | |
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746 | | - | |
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747 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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748 | | - | hb7057-01-c1 |
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749 | | - | Page 21 of 21 |
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750 | | - | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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751 | | - | |
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752 | | - | |
---|
753 | | - | |
---|
754 | | - | for loans under the Local Government Emergency Revolving Bridge 501 |
---|
755 | | - | Loan Program. 502 |
---|
756 | | - | Section 18. Notwithstanding the timeframe specified in s. 503 |
---|
757 | | - | 189.0695 (2)(c) and (d), Florida Statutes, an independent 504 |
---|
758 | | - | special fire control district located ent irely or partially 505 |
---|
759 | | - | within 50 miles of where Hurricane Ian made landfall that was 506 |
---|
760 | | - | required to submit its final report of the performance review by 507 |
---|
761 | | - | July 1, 2023, may file such report no later than January 1, 508 |
---|
762 | | - | 2024. 509 |
---|
763 | | - | Section 19. Except as otherwise expressl y provided in this 510 |
---|
764 | | - | act and except for this section, which shall take effect upon 511 |
---|
765 | | - | becoming a law, this act shall take effect July 1, 2023. 512 |
---|
| 717 | + | Section 17. Notwithstanding the timeframe specified in s. 476 |
---|
| 718 | + | 189.0695 (2)(c) and (d), Florida Statutes, an independent 477 |
---|
| 719 | + | special fire control district located entirely or partially 478 |
---|
| 720 | + | within 50 miles of where Hurricane Ian made landfall that was 479 |
---|
| 721 | + | required to submit its final report of the performance review by 480 |
---|
| 722 | + | July 1, 2023, may file such report no later than January 1, 481 |
---|
| 723 | + | 2024. 482 |
---|
| 724 | + | Section 18. Except as otherwise expressly provided in this 483 |
---|
| 725 | + | act and except for this section, which shall take effect upon 484 |
---|
| 726 | + | becoming a law, this act shall take effect July 1, 2023. 485 |
---|