Florida Senate - 2023 CS for SB 250 By the Committee on Community Affairs; and Senator Martin 578-02610-23 2023250c1 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; providing construction; authorizing the 46 department to provide interest-free loans to eligible 47 local governments through specified means; requiring 48 the department to prescribe a loan application; 49 requiring the department to determine the loan amount 50 based on certain factors; authorizing the department 51 to deny a loan application and providing specified 52 reasons for such denial; requiring the department to 53 provide certain notice and make loan information 54 available to eligible local governments; requiring 55 loan repayments to be returned to the loan fund; 56 providing that funds appropriated for the program are 57 not subject to reversion; providing for expiration; 58 amending s. 489.117, F.S.; authorizing a registered 59 contractor to engage in contracting under certain 60 circumstances; providing an expiration timeframe for 61 such authorization; authorizing the local jurisdiction 62 to discipline the registered contractor under certain 63 circumstances; creating s. 553.7922, F.S.; requiring 64 local governments impacted by certain emergencies to 65 approve special processing procedures to expedite 66 certain permits; amending s. 553.80, F.S.; prohibiting 67 certain local governments from raising building 68 inspection fees during a certain timeframe; providing 69 for future expiration; prohibiting counties and 70 municipalities located in areas included in certain 71 federal disaster declarations from adopting or 72 amending certain procedures for a specified period; 73 providing for retroactive application; providing that 74 certain comprehensive plan amendments, land 75 development regulations, site plans, and development 76 permits or orders may be enforced; providing for 77 expiration; amending s. 823.11, F.S.; authorizing 78 certain persons to engage in a process relating to the 79 removal and destruction of derelict vessels; providing 80 an appropriation; providing for the transfer of 81 certain appropriated funds to the Economic Development 82 Trust Fund of the Department of Economic Opportunity; 83 requiring that loan repayments be repaid to the 84 Economic Development Trust Fund; providing effective 85 dates. 86 87 Be It Enacted by the Legislature of the State of Florida: 88 89 Section 1.Section 125.023, Florida Statutes, is created to 90 read: 91 125.023Temporary shelter prohibition. 92 (1)For the purposes of this section, the term temporary 93 shelter includes, but is not limited to, a recreational 94 vehicle, trailer, or similar structure placed on a residential 95 property. 96 (2)Notwithstanding any other law, ordinance, or regulation 97 to the contrary, following the declaration of a state of 98 emergency issued by the Governor for a natural emergency as 99 defined in s. 252.34(8) during which a permanent residential 100 structure was damaged and rendered uninhabitable, a county may 101 not prohibit the placement of one temporary shelter on the 102 residential property for up to 36 months after the date of the 103 declaration or until a certificate of occupancy is issued on the 104 permanent residential structure on the property, whichever 105 occurs first, if all of the following circumstances apply: 106 (a)The resident makes a good faith effort to rebuild or 107 renovate the damaged permanent residential structure, including, 108 but not limited to, applying for a building permit, submitting a 109 plan or design to the county, or obtaining a construction loan. 110 (b)The temporary shelter is connected to water and 111 electric utilities and does not present a threat to health and 112 human safety. 113 (c)The resident lives in the temporary structure. 114 Section 2.Section 166.0335, Florida Statutes, is created 115 to read: 116 166.0335Temporary shelter prohibition. 117 (1)For the purposes of this section, the term temporary 118 shelter includes, but is not limited to, a recreational 119 vehicle, trailer, or similar structure placed on a residential 120 property. 121 (2)Notwithstanding any other law, ordinance, or regulation 122 to the contrary, following the declaration of a state of 123 emergency issued by the Governor for a natural emergency as 124 defined in s. 252.34(8) during which a permanent residential 125 structure was damaged and rendered uninhabitable, a municipality 126 may not prohibit the placement of one temporary shelter on the 127 residential property for up to 36 months after the date of the 128 declaration or until a certificate of occupancy is issued on the 129 permanent residential structure on the property, whichever 130 occurs first, if all of the following circumstances apply: 131 (a)The resident makes a good faith effort to rebuild or 132 renovate the damaged permanent residential structure, including, 133 but not limited to, applying for a building permit, submitting a 134 plan or design to the municipality, or obtaining a construction 135 loan. 136 (b)The temporary shelter is connected to water and 137 electric utilities and does not present a threat to health and 138 human safety. 139 (c)The resident lives in the temporary structure. 140 Section 3.Subsection (4) is added to section 189.0695, 141 Florida Statutes, to read: 142 189.0695Independent special districts; performance 143 reviews. 144 (4)Notwithstanding the timeframe specified in paragraph 145 (2)(c), an independent special fire control district may file 146 its final report of the performance review no later than 15 147 months from the beginning of the districts fiscal year if the 148 special district is within an area for which a state of 149 emergency for a natural disaster was declared pursuant to s. 150 252.36 or no later than 24 months from the beginning of the 151 districts fiscal year if the special district is within an area 152 for which a state of emergency was declared pursuant to s. 153 252.36 for a hurricane rated category 3 or higher. This 154 subsection applies retroactively to the final reports required 155 to have been conducted by October 1, 2022. 156 Section 4.Effective upon becoming a law, paragraphs (bb) 157 and (cc) are added to subsection (2) of section 252.35, Florida 158 Statutes, to read: 159 252.35Emergency management powers; Division of Emergency 160 Management. 161 (2)The division is responsible for carrying out the 162 provisions of ss. 252.31-252.90. In performing its duties, the 163 division shall: 164 (bb)Post on its website a model of a local government 165 contract for debris removal to be used by political 166 subdivisions. The initial model contract must be posted to the 167 website no later than June 1, 2023, and, thereafter, the model 168 contract must be annually updated and posted to the website no 169 later than June 1. 170 (cc)Prioritize technical assistance and training to 171 fiscally constrained counties as defined in s. 218.67 on aspects 172 of safety measures, preparedness, prevention, response, 173 recovery, and mitigation relating to natural disasters and 174 emergencies. 175 Section 5.Paragraph (a) of subsection (1) of section 176 252.363, Florida Statutes, is amended to read: 177 252.363Tolling and extension of permits and other 178 authorizations. 179 (1)(a)The declaration of a state of emergency issued by 180 the Governor for a natural emergency tolls the period remaining 181 to exercise the rights under a permit or other authorization for 182 the duration of the emergency declaration. Further, the 183 emergency declaration extends the period remaining to exercise 184 the rights under a permit or other authorization for 24 6 months 185 in addition to the tolled period. The extended period to 186 exercise the rights under a permit or other authorization may 187 not exceed 48 months in total in the event of multiple natural 188 emergencies for which the Governor declares a state of 189 emergency. This paragraph applies to the following: 190 1.The expiration of a development order issued by a local 191 government. 192 2.The expiration of a building permit. 193 3.The expiration of a permit issued by the Department of 194 Environmental Protection or a water management district pursuant 195 to part IV of chapter 373. 196 4.Permits issued by the Department of Environmental 197 Protection or a water management district pursuant to part II of 198 chapter 373 for land subject to a development agreement under 199 ss. 163.3220-163.3243 in which the permittee and the developer 200 are the same or a related entity. 201 5.The buildout date of a development of regional impact, 202 including any extension of a buildout date that was previously 203 granted as specified in s. 380.06(7)(c). 204 6.The expiration of a development permit or development 205 agreement authorized by Florida Statutes, including those 206 authorized under the Florida Local Government Development 207 Agreement Act, or issued by a local government or other 208 governmental agency. 209 Section 6.Section 252.391, Florida Statutes, is created to 210 read: 211 252.391Emergency financial plans. 212 (1)As used in this section, the term local governmental 213 entity means a county, municipality, or district school board. 214 (2)Each local governmental entity is encouraged to develop 215 an emergency financial plan for major natural disasters that may 216 impact its jurisdiction. Disasters include, but are not limited 217 to, hurricanes, tornadoes, floods, and wildfires. 218 (3)Each emergency financial plan should be based on the 219 likely frequency of the disasters occurrence. The financial 220 plan should include a calculation of the costs for the natural 221 disaster event and a determination of the financial resources 222 available to the local governmental entity. If insufficient 223 funds are available to address the disaster event, the emergency 224 financial plan should identify strategies to close the gap 225 between the disaster event costs and the local governmental 226 entitys financial capacity. Such strategies may include rainy 227 day funds, reprioritizing its annual budget, and borrowing. 228 (4)Local governmental entities should annually review 229 their emergency financial plans to address changes in 230 conditions. 231 Section 7.Subsections (3) and (4) are added to section 232 252.40, Florida Statutes, to read: 233 252.40Mutual aid arrangements. 234 (3)Local governments may create inspection teams to review 235 and approve expedited permits for temporary housing solutions, 236 repairs, and renovations after a natural disaster. Local 237 governments are encouraged to establish interlocal agreements 238 with other jurisdictions to provide additional inspection 239 services during a state of emergency. 240 (4)Municipalities and counties are encouraged to develop 241 and adopt plans to provide temporary accommodations for 242 contractors, utility workers, first responders, and others 243 dispatched to aid in hurricane recovery efforts. Public areas, 244 including, but not limited to, fairgrounds and parking lots, may 245 be used for tents and trailers for such temporary 246 accommodations. 247 Section 8.Effective upon becoming a law, paragraph (g) of 248 subsection (2) of section 287.055, Florida Statutes, is amended 249 to read: 250 287.055Acquisition of professional architectural, 251 engineering, landscape architectural, or surveying and mapping 252 services; definitions; procedures; contingent fees prohibited; 253 penalties. 254 (2)DEFINITIONS.For purposes of this section: 255 (g)A continuing contract is a contract for professional 256 services entered into in accordance with all the procedures of 257 this act between an agency and a firm whereby the firm provides 258 professional services to the agency for projects in which the 259 estimated construction cost of each individual project under the 260 contract does not exceed $4 million, for study activity if the 261 fee for professional services for each individual study under 262 the contract does not exceed $500,000, or for work of a 263 specified nature as outlined in the contract required by the 264 agency, with the contract being for a fixed term or with no time 265 limitation except that the contract must provide a termination 266 clause. Firms providing professional services under continuing 267 contracts shall not be required to bid against one another. The 268 term continuing contract includes contracts executed through 269 June 30, 2025, for professional services to the agency for 270 projects related to natural disaster response or relief in which 271 the estimated construction cost for each individual project does 272 not exceed $15 million. 273 Section 9.The amendments made by this act to s. 274 287.055(2)(g), Florida Statutes, expire on July 1, 2026, and the 275 text of that paragraph shall revert to that in existence on the 276 day before the date that this act became a law, except that any 277 amendments to such text enacted other than by this act shall be 278 preserved and continue to operate to the extent that such 279 amendments are not dependent upon the portions of the text which 280 expire pursuant to this section. 281 Section 10.Section 288.066, Florida Statutes, as created 282 by section 1 of chapter 2023-1, Laws of Florida, is amended to 283 read: 284 288.066Local Government Emergency Revolving Bridge Loan 285 Program. 286 (1)CREATION.The Local Government Emergency Revolving 287 Bridge Loan Program is created, subject to appropriation, within 288 the department to provide financial assistance to local 289 governments impacted by federally declared disasters Hurricane 290 Ian or Hurricane Nicole. The purpose of the loan program is to 291 assist these local governments in maintaining government 292 operations by bridging the gap between the time that the 293 declared disaster occurred and the time that additional funding 294 sources or revenues are secured to provide them with financial 295 assistance. 296 (2)ELIGIBILITY.To be eligible for a loan under the 297 program, a local government must be a county or a municipality 298 located in an area designated in a the Federal Emergency 299 Management Agency disaster declaration declarations for 300 Hurricane Ian or Hurricane Nicole. The local government must 301 show that it may suffer or has suffered substantial loss of its 302 tax or other revenues as a result of the disaster hurricane and 303 demonstrate a need for financial assistance to enable it to 304 continue to perform its governmental operations. Access to and 305 eligibility for the loan program supersedes any local government 306 charter or borrowing limitations that would otherwise 307 financially constrain the local governments ability to recover 308 from a disaster. 309 (3)LOAN TERMS. 310 (a)The department may provide interest-free loans to 311 eligible local governments through a promissory note or other 312 form of written agreement evidencing an obligation to repay the 313 borrowed funds to the department. 314 (b)The amount of each loan must be based upon demonstrated 315 need and must be disbursed to the local government in a lump 316 sum. 317 (c)The term of the loan is up to 1 year, unless otherwise 318 extended by the department. However, the department may extend 319 loan terms for up to 6 months based on the local governments 320 financial condition. 321 (4)APPLICATION.The department shall prescribe a loan 322 application and any other information determined necessary by 323 the department to review and evaluate the application. The 324 eligible local government must submit a loan application within 325 the 12 months after the date that the federal disaster was 326 declared. Upon receipt of an application, the department shall 327 review the application and may request additional information as 328 necessary to complete the review and evaluation. The department 329 shall determine the amount to be loaned, which may be a lower 330 amount than requested, based on the information provided and the 331 total amount of funds available to be loaned and in relation to 332 demonstrated need from other eligible applicants. The department 333 may deny a loan application. Reasons for a loan application 334 denial may include, but are not limited to, the loan risk, an 335 incomplete application, failure to demonstrate need, or the fact 336 that receiving a loan may negatively affect the local 337 governments eligibility for other federal programs. 338 (5)(4)USE OF LOAN FUNDS.A local government may use loan 339 funds only to continue local governmental operations or to 340 expand or modify such operations to meet disaster-related needs. 341 The funds may not be used to finance or supplant funding for 342 capital improvements or to repair or restore damaged public 343 facilities or infrastructure. 344 (6)(5)LOAN REPAYMENT. 345 (a)The local government may make payments against the loan 346 at any time without penalty. Early repayment is encouraged as 347 other funding sources or revenues become available to the local 348 government. 349 (b)Loans become due and payable in accordance with the 350 terms of the agreement. 351 (7)(6)ADMINISTRATION. 352 (a)Upon the issuance of a federal disaster declaration, 353 the department shall provide notice of application requirements 354 and the total amount of funds available and make loan 355 information available to eligible local governments. Based upon 356 the amount of funds in the Economic Development Trust Fund 357 available to be loaned and anticipated balances, the department 358 may make funds available in an amount reasonably related to the 359 anticipated need, based upon the impacts of the federal 360 disaster, up to the total amount available The department may 361 approve loans in the 2022-2023 fiscal year or the 2023-2024 362 fiscal year up to the total amount appropriated. 363 (b)The department must coordinate with the Division of 364 Emergency Management or other applicable state agencies to 365 assess whether such loans would affect reimbursement under 366 federal programs for disaster-related expenses. 367 (c)All repayments of principal and interest shall be 368 returned to the loan fund and made available as provided in this 369 section. Notwithstanding s. 216.301, funds appropriated for this 370 program are not subject to reversion Upon receipt of any loan 371 payment from a local government, the department shall transfer 372 the funds to the General Revenue Fund. 373 (8)(7)RULES.The department may adopt rules to implement 374 this section. 375 (9)(8)EXPIRATION.This section expires July 1, 2038 June 376 30, 2027. A loan may not be awarded after June 30, 2038. Upon 377 expiration, all unencumbered funds and loan repayments made on 378 or after July 1, 2038, shall be transferred revert to the 379 General Revenue Fund. 380 Section 11.Effective upon becoming a law, subsection (5) 381 is added to section 489.117, Florida Statutes, to read: 382 489.117Registration; specialty contractors. 383 (5)Notwithstanding paragraph (1)(b), a registered 384 contractor may engage in contracting only for work covered by 385 the registration within an area for which a state of emergency 386 is declared pursuant to s. 252.36 for a natural emergency. This 387 authorization terminates 24 months after the expiration of the 388 declared state of emergency. The local jurisdiction that 389 licenses the registered contractor may discipline the registered 390 contractor for violations occurring outside the licensing 391 jurisdiction which occur during the period such work is 392 authorized under this subsection. 393 Section 12.Section 553.7922, Florida Statutes, is created 394 to read: 395 553.7922Local government-expedited approval of certain 396 permits.Following a state of emergency declared pursuant to 397 252.36 for a natural emergency, local governments impacted by 398 the emergency shall approve special processing procedures to 399 expedite permit issuance for permits that do not require 400 technical review, including, but not limited to, roof repairs, 401 reroofing, electrical repairs, service changes, or the 402 replacement of one window or one door. Local governments may 403 waive application and inspection fees for permits expedited 404 under this section. 405 Section 13.Effective upon becoming a law, present 406 subsections (8) and (9) of section 553.80, Florida Statutes, are 407 redesignated as subsections (9) and (10), respectively, and a 408 new subsection (8) is added to that section, to read: 409 553.80Enforcement. 410 (8)Effective January 1, 2023, local governments located in 411 areas designated in the Federal Emergency Management Agency 412 disaster declarations for Hurricane Ian or Hurricane Nicole may 413 not raise building inspection fees, as authorized by s. 414 125.56(2) or s. 166.222 and this section, before October 1, 415 2024. This subsection expires June 30, 2025. 416 Section 14.A county or municipality located in an area 417 designated in a Federal Emergency Management Agency disaster 418 declaration for Hurricane Ian or Hurricane Nicole shall not 419 adopt more restrictive or burdensome procedures to its 420 comprehensive plan or land development regulations, concerning 421 review, approval, or issuance of a site plan, development permit 422 or development order, to the extent those terms are defined by 423 s. 163.3164, Florida Statutes, or propose any such adoption or 424 amendment before October 1, 2024. This subsection applies 425 retroactively to September 29, 2022. 426 (2)Any comprehensive plan amendment, land development 427 regulation, site plan, development permit, or development order 428 approved by a county or municipality under procedures adopted 429 before the effective date of this act may be enforced. 430 (3)This section shall take effect upon becoming a law and 431 expires June 30, 2025. 432 Section 15.Paragraph (d) is added to subsection (2) of 433 section 823.11, Florida Statutes, to read: 434 823.11Derelict vessels; relocation or removal; penalty. 435 (2) 436 (d)Notwithstanding the additional 45 days provided in sub 437 subparagraph (b)2.b. during which an owner or a responsible 438 party may not be charged for a violation of this section, the 439 commission, an officer of the commission, a law enforcement 440 agency or officer specified in s. 327.70, or, during a state of 441 emergency declared by the Governor, the Division of Emergency 442 Management or its designee, may immediately begin the process 443 set forth in s. 705.103(2)(a) and, once that process has been 444 completed and the 45 days provided herein have passed, any 445 vessel that has not been removed or repaired such that it is no 446 longer derelict upon the waters of this state may be removed and 447 destroyed as provided therein. 448 Section 16.(1)For the 2023-2024 fiscal year, the sum of 449 $50 million in nonrecurring funds is appropriated from the 450 General Revenue Fund to the Economic Development Trust Fund of 451 the Department of Economic Opportunity to fund the Local 452 Government Emergency Revolving Bridge Loan Program. 453 (2)Funds appropriated in section 3 of chapter 2023-1, Laws 454 of Florida, for the Local Government Emergency Bridge Loan 455 Program which have not been loaned to a local government 456 pursuant to a loan agreement as of July 1, 2023, shall be 457 transferred by nonoperating budget authority to the Economic 458 Development Trust Fund of the Department of Economic Opportunity 459 to be used for the Local Government Emergency Revolving Bridge 460 Loan Program. 461 (3)Notwithstanding sections 1 and 3 of chapter 2023-1, 462 Laws of Florida, all loan repayments for loans made under the 463 Local Government Emergency Bridge Loan Program shall be repaid 464 into the Economic Development Trust Fund and be made available 465 for loans under the Local Government Emergency Revolving Bridge 466 Loan Program. 467 Section 17.Except as otherwise expressly provided in this 468 act and except for this section, which shall take effect upon 469 becoming a law, this act shall take effect July 1, 2023.