Florida Senate - 2023 SB 250 By Senator Martin 33-01984H-23 2023250__ 1 A bill to be entitled 2 An act relating to natural emergencies; creating ss. 3 125.023 and 166.0335, F.S.; defining the term 4 temporary shelter; prohibiting counties and 5 municipalities, respectively, from prohibiting 6 temporary shelters on residential property for a 7 specified timeframe under certain circumstances; 8 amending s. 189.0695, F.S.; authorizing independent 9 special fire control districts to file a specified 10 report on an alternative schedule under certain 11 circumstances; providing for retroactive application; 12 amending s. 252.35, F.S.; requiring the Division of 13 Emergency Management to post a model contract for 14 debris removal on its website by a specified date; 15 requiring the model contract to be annually updated by 16 a specified date; requiring the division to prioritize 17 technical assistance and training relating to natural 18 disasters and emergencies to fiscally constrained 19 counties; amending s. 252.363, F.S.; increasing the 20 timeframe to exercise rights under a permit or other 21 authorization; limiting the timeframe to exercise 22 rights under a permit or other authorization to a 23 certain timeframe when multiple natural emergencies 24 occur; creating s. 252.391, F.S.; defining the term 25 local governmental entity; encouraging local 26 governmental entities to develop an emergency 27 financial plan for major disasters; providing the 28 contents of the emergency financial plan; recommending 29 annual review of the emergency financial plan; 30 amending s. 252.40, F.S.; authorizing local 31 governments to create inspection teams for the review 32 and approval of certain expedited permits; encouraging 33 local governments to establish certain interlocal 34 agreements; encouraging local governments to develop 35 plans related to temporary accommodations of certain 36 individuals; amending s. 287.055, F.S.; revising the 37 definition of the term continuing contract; 38 providing for the future expiration and reversion of 39 specified statutory text; amending s. 288.066, F.S.; 40 creating the Local Government Emergency Revolving 41 Bridge Loan Program within the Department of Economic 42 Opportunity to provide certain financial assistance to 43 local governments impacted by federally declared 44 disasters; conforming provisions to changes made by 45 the act; authorizing the department to provide 46 interest-free loans to eligible local governments 47 through specified means; requiring the department to 48 prescribe a loan application; requiring the department 49 to determine the loan amount based on certain factors; 50 authorizing the department to deny a loan application 51 and providing specified reasons for such denial; 52 requiring the department to provide certain notice and 53 make loan information available to eligible local 54 governments; requiring loan repayments to be returned 55 to the loan fund; providing that funds appropriated 56 for the program are not subject to reversion; 57 providing for expiration; amending s. 489.117, F.S.; 58 authorizing a registered contractor to engage in 59 contracting under certain circumstances; providing an 60 expiration timeframe for such authorization; 61 authorizing the local jurisdiction to discipline the 62 registered contractor under certain circumstances; 63 creating s. 553.7922, F.S.; requiring local 64 governments impacted by natural emergencies to approve 65 special processing procedures to expedite certain 66 permits; amending s. 553.80, F.S.; prohibiting certain 67 local governments from raising building inspection 68 fees during a certain timeframe; providing for future 69 expiration; prohibiting counties and municipalities 70 located in areas included in certain federal disaster 71 declarations from amending processes for proposing 72 amendments to their comprehensive plan or land 73 development regulations or issuing development permits 74 or development orders for a specified period; 75 providing for retroactive application; providing that 76 certain comprehensive plan amendments, land 77 development regulations, and development permits or 78 orders may be enforced; providing for expiration; 79 amending s. 823.11, F.S.; authorizing certain persons 80 to engage in a process relating to the removal and 81 destruction of derelict vessels; providing an 82 appropriation; providing for the transfer of certain 83 appropriated funds to the Economic Development Trust 84 Fund of the Department of Economic Opportunity; 85 requiring that loan repayments be repaid to the 86 Economic Development Trust Fund; providing effective 87 dates. 88 89 Be It Enacted by the Legislature of the State of Florida: 90 91 Section 1.Section 125.023, Florida Statutes, is created to 92 read: 93 125.023Temporary shelter prohibition. 94 (1)For the purposes of this section, the term temporary 95 shelter includes, but is not limited to, a recreational 96 vehicle, trailer, or similar structure placed on a residential 97 property. 98 (2)Notwithstanding any other law, ordinance, or regulation 99 to the contrary, a county may not prohibit the placement of one 100 temporary shelter on a residential property for up to 36 months 101 or until a certificate of occupancy is issued on the permanent 102 residential structure on the property, whichever occurs first, 103 following a natural emergency as defined in s. 252.34(8) if all 104 of the following circumstances apply: 105 (a)The resident makes a good faith effort to rebuild or 106 renovate the damaged permanent residential structure, including, 107 but not limited to, applying for a building permit, submitting a 108 plan or design to the county, or obtaining a construction loan. 109 (b)The temporary shelter is connected to water and 110 electric utilities and does not present a threat to health and 111 human safety. 112 (c)The resident lives in the temporary structure. 113 Section 2.Section 166.0335, Florida Statutes, is created 114 to read: 115 166.0335Temporary shelter prohibition. 116 (1)For the purposes of this section, the term temporary 117 shelter includes, but is not limited to, a recreational 118 vehicle, trailer, or similar structure placed on a residential 119 property. 120 (2)Notwithstanding any other law, ordinance, or regulation 121 to the contrary, a municipality may not prohibit the placement 122 of one temporary shelter on a residential property for up to 36 123 months or until a certificate of occupancy is issued on the 124 permanent residential structure on the property, whichever 125 occurs first, following a natural emergency as defined in s. 126 252.34(8) if all of the following circumstances apply: 127 (a)The resident makes a good faith effort to rebuild or 128 renovate the damaged permanent residential structure, including, 129 but not limited to, applying for a building permit, submitting a 130 plan or design to the municipality, or obtaining a construction 131 loan. 132 (b)The temporary shelter is connected to water and 133 electric utilities and does not present a threat to health and 134 human safety. 135 (c)The resident lives in the temporary structure. 136 Section 3.Subsection (4) is added to section 189.0695, 137 Florida Statutes, to read: 138 189.0695Independent special districts; performance 139 reviews. 140 (4)Notwithstanding the timeframe specified in paragraph 141 (2)(c), an independent special fire control district may file 142 its final report of the performance review no later than 15 143 months from the beginning of the districts fiscal year if the 144 special district is within an area for which a state of 145 emergency for a natural disaster was declared pursuant to s. 146 252.36 or no later than 24 months from the beginning of the 147 districts fiscal year if the special district is within an area 148 for which a state of emergency was declared pursuant to s. 149 252.36 for a hurricane rated category 3 or higher. This 150 subsection applies retroactively to the final reports required 151 to have been conducted by October 1, 2022. 152 Section 4.Effective upon becoming a law, paragraphs (bb) 153 and (cc) are added to subsection (2) of section 252.35, Florida 154 Statutes, to read: 155 252.35Emergency management powers; Division of Emergency 156 Management. 157 (2)The division is responsible for carrying out the 158 provisions of ss. 252.31-252.90. In performing its duties, the 159 division shall: 160 (bb)Post on its website a model of a local government 161 contract for debris removal to be used by political 162 subdivisions. The initial model contract must be posted to the 163 website no later than June 1, 2023, and, thereafter, the model 164 contract must be annually updated and posted to the website no 165 later than June 1. 166 (cc)Prioritize technical assistance and training to 167 fiscally constrained counties as defined in s. 218.67 on aspects 168 of safety measures, preparedness, prevention, response, 169 recovery, and mitigation relating to natural disasters and 170 emergencies. 171 Section 5.Paragraph (a) of subsection (1) of section 172 252.363, Florida Statutes, is amended to read: 173 252.363Tolling and extension of permits and other 174 authorizations. 175 (1)(a)The declaration of a state of emergency issued by 176 the Governor for a natural emergency tolls the period remaining 177 to exercise the rights under a permit or other authorization for 178 the duration of the emergency declaration. Further, the 179 emergency declaration extends the period remaining to exercise 180 the rights under a permit or other authorization for 24 6 months 181 in addition to the tolled period. In the event that multiple 182 natural emergencies occur within the period of authorization, 183 the period to exercise the rights under the permit is extended 184 for no longer than 48 months in addition to the tolled period. 185 This paragraph applies to the following: 186 1.The expiration of a development order issued by a local 187 government. 188 2.The expiration of a building permit. 189 3.The expiration of a permit issued by the Department of 190 Environmental Protection or a water management district pursuant 191 to part IV of chapter 373. 192 4.Permits issued by the Department of Environmental 193 Protection or a water management district pursuant to part II of 194 chapter 373 for land subject to a development agreement under 195 ss. 163.3220-163.3243 in which the permittee and the developer 196 are the same or a related entity. 197 5.The buildout date of a development of regional impact, 198 including any extension of a buildout date that was previously 199 granted as specified in s. 380.06(7)(c). 200 6.The expiration of a development permit or development 201 agreement authorized by Florida Statutes, including those 202 authorized under the Florida Local Government Development 203 Agreement Act, or issued by a local government or other 204 governmental agency. 205 Section 6.Section 252.391, Florida Statutes, is created to 206 read: 207 252.391Emergency financial plans. 208 (1)As used in this section, the term local governmental 209 entity means a county, municipality, or district school board. 210 (2)Each local governmental entity is encouraged to develop 211 an emergency financial plan for major natural disasters that may 212 impact its jurisdiction. Disasters include, but are not limited 213 to, hurricanes, tornadoes, floods, and wildfires. 214 (3)Each emergency financial plan should be based on the 215 likely frequency of the disasters occurrence. The financial 216 plan should include a calculation of the costs for the natural 217 disaster event and a determination of the financial resources 218 available to the local governmental entity. If insufficient 219 funds are available to address the disaster event, the emergency 220 financial plan should identify strategies to close the gap 221 between the disaster event costs and the local governmental 222 entitys financial capacity. Such strategies may include rainy 223 day funds, reprioritizing its annual budget, and borrowing. 224 (4)Local governmental entities should annually review 225 their emergency financial plans to address changes in 226 conditions. 227 Section 7.Subsections (3) and (4) are added to section 228 252.40, Florida Statutes, to read: 229 252.40Mutual aid arrangements. 230 (3)Local governments may create inspection teams to review 231 and approve expedited permits for temporary housing solutions, 232 repairs, and renovations following a natural disaster. Local 233 governments are encouraged to establish interlocal agreements 234 with other jurisdictions to provide additional inspection 235 services during a state of emergency. 236 (4)Municipalities and counties are encouraged to develop 237 and adopt plans to provide temporary accommodations for 238 contractors, utility workers, first responders, and others 239 dispatched to aid in hurricane recovery efforts. Public areas, 240 including, but not limited to, fairgrounds and parking lots, may 241 be used for tents and trailers for such temporary 242 accommodations. 243 Section 8.Effective upon becoming a law, paragraph (g) of 244 subsection (2) of section 287.055, Florida Statutes, is amended 245 to read: 246 287.055Acquisition of professional architectural, 247 engineering, landscape architectural, or surveying and mapping 248 services; definitions; procedures; contingent fees prohibited; 249 penalties. 250 (2)DEFINITIONS.For purposes of this section: 251 (g)A continuing contract is a contract for professional 252 services entered into in accordance with all the procedures of 253 this act between an agency and a firm whereby the firm provides 254 professional services to the agency for projects in which the 255 estimated construction cost of each individual project under the 256 contract does not exceed $4 million, for study activity if the 257 fee for professional services for each individual study under 258 the contract does not exceed $500,000, or for work of a 259 specified nature as outlined in the contract required by the 260 agency, with the contract being for a fixed term or with no time 261 limitation except that the contract must provide a termination 262 clause. Firms providing professional services under continuing 263 contracts shall not be required to bid against one another. The 264 term continuing contract includes contracts executed through 265 June 30, 2025, for professional services to the agency for 266 projects related to natural disaster response or relief in which 267 the estimated construction cost for each individual project does 268 not exceed $15 million. 269 Section 9.The amendments made by this act to s. 270 287.055(2)(g), Florida Statutes, expire on July 1, 2026, and the 271 text of that paragraph shall revert to that in existence on the 272 day before the date that this act became a law, except that any 273 amendments to such text enacted other than by this act shall be 274 preserved and continue to operate to the extent that such 275 amendments are not dependent upon the portions of the text which 276 expire pursuant to this section. 277 Section 10.Section 288.066, Florida Statutes, as created 278 by section 1 of chapter 2023-1, Laws of Florida, is amended to 279 read: 280 288.066Local Government Emergency Revolving Bridge Loan 281 Program. 282 (1)CREATION.The Local Government Emergency Revolving 283 Bridge Loan Program is created, subject to appropriation, within 284 the department to provide financial assistance to local 285 governments impacted by federally declared disasters Hurricane 286 Ian or Hurricane Nicole. The purpose of the loan program is to 287 assist these local governments in maintaining government 288 operations by bridging the gap between the time that the 289 declared disaster occurred and the time that additional funding 290 sources or revenues are secured to provide them with financial 291 assistance. 292 (2)ELIGIBILITY.To be eligible for a loan under the 293 program, a local government must be a county or a municipality 294 located in an area designated in a the Federal Emergency 295 Management Agency disaster declaration declarations for 296 Hurricane Ian or Hurricane Nicole. The local government must 297 show that it may suffer or has suffered substantial loss of its 298 tax or other revenues as a result of the disaster hurricane and 299 demonstrate a need for financial assistance to enable it to 300 continue to perform its governmental operations. 301 (3)LOAN TERMS. 302 (a)The department may provide interest-free loans to 303 eligible local governments through a promissory note or other 304 form of written agreement evidencing an obligation to repay the 305 borrowed funds to the department. 306 (b)The amount of each loan must be based upon demonstrated 307 need and must be disbursed to the local government in a lump 308 sum. 309 (c)The term of the loan is up to one year, unless 310 otherwise extended by the department. However, the department 311 may extend loan terms for up to 6 months based on the local 312 governments financial condition. 313 (4)APPLICATION.The department shall prescribe a loan 314 application and any other information determined necessary by 315 the department to review and evaluate the application. The 316 eligible local government must submit a loan application within 317 12 months from the date that the federal disaster was declared. 318 Upon receipt of an application, the department shall review the 319 application and may request additional information as necessary 320 to complete the review and evaluation. The department shall 321 determine the amount to be loaned, which may be a lower amount 322 than requested, based on the information provided and the total 323 amount of funds available to be loaned and in relation to 324 demonstrated need from other eligible applicants. The department 325 may deny a loan application. Reasons for a loan application 326 denial may include, but are not limited to, the loan risk, an 327 incomplete application, failure to demonstrate need, or the fact 328 that receiving a loan may negatively affect the local 329 governments eligibility for other federal programs. 330 (5)(4)USE OF LOAN FUNDS.A local government may use loan 331 funds only to continue local governmental operations or to 332 expand or modify such operations to meet disaster-related needs. 333 The funds may not be used to finance or supplant funding for 334 capital improvements or to repair or restore damaged public 335 facilities or infrastructure. 336 (6)(5)LOAN REPAYMENT. 337 (a)The local government may make payments against the loan 338 at any time without penalty. Early repayment is encouraged as 339 other funding sources or revenues become available to the local 340 government. 341 (b)Loans become due and payable in accordance with the 342 terms of the agreement. 343 (7)(6)ADMINISTRATION. 344 (a)Upon the issuance of a federal disaster declaration, 345 the department shall provide notice of application requirements 346 and the total amount of funds available and make loan 347 information available to eligible local governments. Based upon 348 the amount of funds in the Economic Development Trust Fund 349 available to be loaned and anticipated balances, the department 350 may make funds available in an amount reasonably related to the 351 anticipated need, based upon the impacts of the federal 352 disaster, up to the total amount available The department may 353 approve loans in the 2022-2023 fiscal year or the 2023-2024 354 fiscal year up to the total amount appropriated. 355 (b)The department must coordinate with the Division of 356 Emergency Management or other applicable state agencies to 357 assess whether such loans would affect reimbursement under 358 federal programs for disaster-related expenses. 359 (c)All repayments of principal and interest shall be 360 returned to the loan fund and made available as provided in this 361 section. Notwithstanding s. 216.301, funds appropriated for this 362 program may not be subject to reversion Upon receipt of any loan 363 payment from a local government, the department shall transfer 364 the funds to the General Revenue Fund. 365 (8)(7)RULES.The department may adopt rules to implement 366 this section. 367 (9)(8)EXPIRATION.This section expires July 1, 2038 June 368 30, 2027. A loan may not be awarded after June 30, 2038. Upon 369 expiration, all unencumbered funds and loan repayments made on 370 or after July 1, 2038, shall be transferred revert to the 371 General Revenue Fund. 372 Section 11.Effective upon becoming a law, subsection (5) 373 is added to section 489.117, Florida Statutes, to read: 374 489.117Registration; specialty contractors. 375 (5)Notwithstanding paragraph (1)(b), a registered 376 contractor may engage in contracting only for work covered by 377 the registration within an area for which a state of emergency 378 is declared pursuant to s. 252.36. This authorization terminates 379 24 months after the expiration of the declared state of 380 emergency. The local jurisdiction that licenses the registered 381 contractor may discipline the registered contractor for 382 violations occurring outside the licensing jurisdiction which 383 occur during the period such work is authorized under this 384 subsection. 385 Section 12.Section 553.7922, Florida Statutes, is created 386 to read: 387 553.7922Local government expedited approval of certain 388 permits.Following a natural emergency, as defined in s. 389 252.34(8), local governments impacted by the natural emergency 390 shall approve special processing procedures to expedite permit 391 issuance for permits that do not require technical review, 392 including, but not limited to, roof repairs, reroofing, 393 electrical repairs, service changes, or the replacement of one 394 window or one door. Local governments may waive application and 395 inspection fees for permits expedited under this section. 396 Section 13.Effective upon becoming a law, present 397 subsections (8) and (9) of section 553.80, Florida Statutes, are 398 redesignated as subsections (9) and (10), respectively, and a 399 new subsection (8) is added to that section, to read: 400 553.80Enforcement. 401 (8)Effective January 1, 2023, local governments located in 402 areas designated in the Federal Emergency Management Agency 403 disaster declarations for Hurricane Ian or Hurricane Nicole may 404 not raise building inspection fees, as authorized by s. 405 125.56(2) or s. 166.222 and this section, before October 1, 406 2024. This subsection expires June 30, 2025. 407 Section 14.(1)A county or municipality located in an area 408 designated in a Federal Emergency Management Agency disaster 409 declaration for Hurricane Ian or Hurricane Nicole may not adopt 410 more restrictive procedures for proposing amendments to its 411 comprehensive plan or land development regulations, or for 412 issuing a development permit or development order, as those 413 terms are defined by s. 163.3164, Florida Statutes, before 414 October 1, 2024. This subsection applies retroactively to 415 September 29, 2022. 416 (2)Any comprehensive plan amendment, land development 417 regulation, development permit, or development order approved by 418 a county or municipality under procedures adopted before the 419 effective date of this act may be enforced. 420 (3)This section shall take effect upon becoming a law and 421 expires June 30, 2025. 422 Section 15.Paragraph (d) is added to subsection (2) of 423 section 823.11, Florida Statutes, to read: 424 823.11Derelict vessels; relocation or removal; penalty. 425 (2) 426 (d)Notwithstanding the additional 45 days provided in sub 427 subparagraph (b)2.b. during which an owner or a responsible 428 party may not be charged for a violation of this section, the 429 commission, an officer of the commission, a law enforcement 430 agency or officer specified in s. 327.70, or, during a state of 431 emergency declared by the Governor, the Division of Emergency 432 Management or its designee, may immediately begin the process 433 set forth in s. 705.103(2)(a) and, once that process has been 434 completed and the 45 days provided herein have passed, any 435 vessel that has not been removed or repaired such that it is no 436 longer derelict upon the waters of this state may be removed and 437 destroyed as provided therein. 438 Section 16.(1)For the 2023-2024 fiscal year, the sum of 439 $50 million in nonrecurring funds is appropriated from the 440 General Revenue Fund to the Economic Development Trust Fund of 441 the Department of Economic Opportunity to fund the Local 442 Government Emergency Revolving Bridge Loan Program. 443 (2)Funds appropriated in section 3 of chapter 2023-1, Laws 444 of Florida, for the Local Government Emergency Bridge Loan 445 Program which have not been loaned to a local government 446 pursuant to a loan agreement as of July 1, 2023, shall be 447 transferred by nonoperating budget authority to the Economic 448 Development Trust Fund of the Department of Economic Opportunity 449 to be used for the Local Government Emergency Revolving Bridge 450 Loan Program. 451 (3)Notwithstanding sections 1 and 3 of chapter 2023-1, 452 Laws of Florida, all loan repayments for loans made under the 453 Local Government Emergency Bridge Loan Program shall be repaid 454 into the Economic Development Trust Fund and be made available 455 for loans under the Local Government Emergency Revolving Bridge 456 Loan Program. 457 Section 17.Except as otherwise expressly provided in this 458 act and except for this section, which shall take effect upon 459 becoming a law, this act shall take effect July 1, 2023.