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