CS for CS for SB 250 First Engrossed 2023250e1 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; requiring the division to administer a 20 revolving loan fund for certain local government 21 projects; amending s. 252.363, F.S.; increasing the 22 timeframe to exercise rights under a permit or other 23 authorization; limiting the timeframe to exercise 24 rights under a permit or other authorization to a 25 certain timeframe when multiple natural emergencies 26 occur; creating s. 252.391, F.S.; defining the term 27 local governmental entity; encouraging local 28 governmental entities to develop an emergency 29 financial plan for major disasters; providing the 30 contents of the emergency financial plan; recommending 31 annual review of the emergency financial plan; 32 amending s. 252.40, F.S.; authorizing local 33 governments to create inspection teams for the review 34 and approval of certain expedited permits; encouraging 35 local governments to establish certain interlocal 36 agreements; encouraging local governments to develop 37 plans related to temporary accommodations of certain 38 individuals; amending s. 287.055, F.S.; revising the 39 definition of the term continuing contract; 40 providing for the future expiration and reversion of 41 specified statutory text; amending s. 288.066, F.S.; 42 creating the Local Government Emergency Revolving 43 Bridge Loan Program within the Department of Economic 44 Opportunity to provide certain financial assistance to 45 local governments impacted by federally declared 46 disasters; conforming provisions to changes made by 47 the act; providing construction; authorizing the 48 department to provide interest-free loans to eligible 49 local governments through specified means; requiring 50 the department to prescribe a loan application; 51 requiring the department to determine the loan amount 52 based on certain factors; authorizing the department 53 to deny a loan application and providing specified 54 reasons for such denial; requiring the department to 55 provide certain notice and make loan information 56 available to eligible local governments; requiring 57 loan repayments to be returned to the loan fund; 58 providing that funds appropriated for the program are 59 not subject to reversion; providing for expiration; 60 amending s. 489.117, F.S.; authorizing a registered 61 contractor to engage in contracting under certain 62 circumstances; providing an expiration timeframe for 63 such authorization; authorizing the local jurisdiction 64 to discipline the registered contractor under certain 65 circumstances; creating s. 553.7922, F.S.; requiring 66 local governments impacted by certain emergencies to 67 approve special processing procedures to expedite 68 certain permits; amending s. 553.80, F.S.; prohibiting 69 certain local governments from raising building 70 inspection fees during a certain timeframe; providing 71 for future expiration; prohibiting counties and 72 municipalities located within a certain area from 73 adopting or amending certain amendments or procedures 74 for a specified period; declaring that such amendments 75 or procedures are null and void; providing for 76 retroactive application; providing that certain 77 comprehensive plan amendments, land development 78 regulations, site plans, and development permits or 79 orders may be enforced; providing for expiration; 80 amending s. 823.11, F.S.; authorizing certain persons 81 to engage in a process relating to the removal and 82 destruction of derelict vessels; providing 83 appropriations; providing for the transfer of certain 84 appropriated funds to the Economic Development Trust 85 Fund of the Department of Economic Opportunity; 86 requiring that loan repayments be repaid to the 87 Economic Development Trust Fund; providing effective 88 dates. 89 90 Be It Enacted by the Legislature of the State of Florida: 91 92 Section 1.Section 125.023, Florida Statutes, is created to 93 read: 94 125.023Temporary shelter prohibition. 95 (1)For the purposes of this section, the term temporary 96 shelter includes, but is not limited to, a recreational 97 vehicle, trailer, or similar structure placed on a residential 98 property. 99 (2)Notwithstanding any other law, ordinance, or regulation 100 to the contrary, following the declaration of a state of 101 emergency issued by the Governor for a natural emergency as 102 defined in s. 252.34(8) during which a permanent residential 103 structure was damaged and rendered uninhabitable, a county may 104 not prohibit the placement of one temporary shelter on the 105 residential property for up to 36 months after the date of the 106 declaration or until a certificate of occupancy is issued on the 107 permanent residential structure on the property, whichever 108 occurs first, if all of the following circumstances apply: 109 (a)The resident makes a good faith effort to rebuild or 110 renovate the damaged permanent residential structure, including, 111 but not limited to, applying for a building permit, submitting a 112 plan or design to the county, or obtaining a construction loan. 113 (b)The temporary shelter is connected to water and 114 electric utilities and does not present a threat to health and 115 human safety. 116 (c)The resident lives in the temporary structure. 117 Section 2.Section 166.0335, Florida Statutes, is created 118 to read: 119 166.0335Temporary shelter prohibition. 120 (1)For the purposes of this section, the term temporary 121 shelter includes, but is not limited to, a recreational 122 vehicle, trailer, or similar structure placed on a residential 123 property. 124 (2)Notwithstanding any other law, ordinance, or regulation 125 to the contrary, following the declaration of a state of 126 emergency issued by the Governor for a natural emergency as 127 defined in s. 252.34(8) during which a permanent residential 128 structure was damaged and rendered uninhabitable, a municipality 129 may not prohibit the placement of one temporary shelter on the 130 residential property for up to 36 months after the date of the 131 declaration or until a certificate of occupancy is issued on the 132 permanent residential structure on the property, whichever 133 occurs first, if all of the following circumstances apply: 134 (a)The resident makes a good faith effort to rebuild or 135 renovate the damaged permanent residential structure, including, 136 but not limited to, applying for a building permit, submitting a 137 plan or design to the municipality, or obtaining a construction 138 loan. 139 (b)The temporary shelter is connected to water and 140 electric utilities and does not present a threat to health and 141 human safety. 142 (c)The resident lives in the temporary structure. 143 Section 3.Subsection (4) is added to section 189.0695, 144 Florida Statutes, to read: 145 189.0695Independent special districts; performance 146 reviews. 147 (4)Notwithstanding the timeframe specified in paragraph 148 (2)(c), an independent special fire control district may file 149 its final report of the performance review no later than 15 150 months from the beginning of the districts fiscal year if the 151 special district is within an area for which a state of 152 emergency for a natural disaster was declared pursuant to s. 153 252.36 or no later than 24 months from the beginning of the 154 districts fiscal year if the special district is within an area 155 for which a state of emergency was declared pursuant to s. 156 252.36 for a hurricane rated category 3 or higher. This 157 subsection applies retroactively to the final reports required 158 to have been conducted by October 1, 2022. 159 Section 4.Effective upon becoming a law, paragraphs (bb), 160 (cc), and (dd) are added to subsection (2) of section 252.35, 161 Florida Statutes, to read: 162 252.35Emergency management powers; Division of Emergency 163 Management. 164 (2)The division is responsible for carrying out the 165 provisions of ss. 252.31-252.90. In performing its duties, the 166 division shall: 167 (bb)Post on its website a model of a local government 168 contract for debris removal to be used by political 169 subdivisions. The initial model contract must be posted to the 170 website no later than June 1, 2023, and, thereafter, the model 171 contract must be annually updated and posted to the website no 172 later than June 1. 173 (cc)Prioritize technical assistance and training to 174 fiscally constrained counties as defined in s. 218.67 on aspects 175 of safety measures, preparedness, prevention, response, 176 recovery, and mitigation relating to natural disasters and 177 emergencies. 178 (dd)Administer a revolving loan program for local 179 government hazard mitigation projects. 180 Section 5.Paragraph (a) of subsection (1) of section 181 252.363, Florida Statutes, is amended to read: 182 252.363Tolling and extension of permits and other 183 authorizations. 184 (1)(a)The declaration of a state of emergency issued by 185 the Governor for a natural emergency tolls the period remaining 186 to exercise the rights under a permit or other authorization for 187 the duration of the emergency declaration. Further, the 188 emergency declaration extends the period remaining to exercise 189 the rights under a permit or other authorization for 24 6 months 190 in addition to the tolled period. The extended period to 191 exercise the rights under a permit or other authorization may 192 not exceed 48 months in total in the event of multiple natural 193 emergencies for which the Governor declares a state of 194 emergency. This paragraph applies to the following: 195 1.The expiration of a development order issued by a local 196 government. 197 2.The expiration of a building permit. 198 3.The expiration of a permit issued by the Department of 199 Environmental Protection or a water management district pursuant 200 to part IV of chapter 373. 201 4.Permits issued by the Department of Environmental 202 Protection or a water management district pursuant to part II of 203 chapter 373 for land subject to a development agreement under 204 ss. 163.3220-163.3243 in which the permittee and the developer 205 are the same or a related entity. 206 5.The buildout date of a development of regional impact, 207 including any extension of a buildout date that was previously 208 granted as specified in s. 380.06(7)(c). 209 6.The expiration of a development permit or development 210 agreement authorized by Florida Statutes, including those 211 authorized under the Florida Local Government Development 212 Agreement Act, or issued by a local government or other 213 governmental agency. 214 Section 6.Section 252.391, Florida Statutes, is created to 215 read: 216 252.391Emergency financial plans. 217 (1)As used in this section, the term local governmental 218 entity means a county, municipality, or district school board. 219 (2)Each local governmental entity is encouraged to develop 220 an emergency financial plan for major natural disasters that may 221 impact its jurisdiction. Disasters include, but are not limited 222 to, hurricanes, tornadoes, floods, and wildfires. 223 (3)Each emergency financial plan should be based on the 224 likely frequency of the disasters occurrence. The financial 225 plan should include a calculation of the costs for the natural 226 disaster event and a determination of the financial resources 227 available to the local governmental entity. If insufficient 228 funds are available to address the disaster event, the emergency 229 financial plan should identify strategies to close the gap 230 between the disaster event costs and the local governmental 231 entitys financial capacity. Such strategies may include rainy 232 day funds, reprioritizing its annual budget, and borrowing. 233 (4)Local governmental entities should annually review 234 their emergency financial plans to address changes in 235 conditions. 236 Section 7.Subsections (3) and (4) are added to section 237 252.40, Florida Statutes, to read: 238 252.40Mutual aid arrangements. 239 (3)Local governments may create inspection teams to review 240 and approve expedited permits for temporary housing solutions, 241 repairs, and renovations after a natural disaster. Local 242 governments are encouraged to establish interlocal agreements 243 with other jurisdictions to provide additional inspection 244 services during a state of emergency. 245 (4)Municipalities and counties are encouraged to develop 246 and adopt plans to provide temporary accommodations for 247 contractors, utility workers, first responders, and others 248 dispatched to aid in hurricane recovery efforts. Public areas, 249 including, but not limited to, fairgrounds and parking lots, may 250 be used for tents and trailers for such temporary 251 accommodations. 252 Section 8.Effective upon becoming a law, paragraph (g) of 253 subsection (2) of section 287.055, Florida Statutes, is amended 254 to read: 255 287.055Acquisition of professional architectural, 256 engineering, landscape architectural, or surveying and mapping 257 services; definitions; procedures; contingent fees prohibited; 258 penalties. 259 (2)DEFINITIONS.For purposes of this section: 260 (g)A continuing contract is a contract for professional 261 services entered into in accordance with all the procedures of 262 this act between an agency and a firm whereby the firm provides 263 professional services to the agency for projects in which the 264 estimated construction cost of each individual project under the 265 contract does not exceed $4 million, for study activity if the 266 fee for professional services for each individual study under 267 the contract does not exceed $500,000, or for work of a 268 specified nature as outlined in the contract required by the 269 agency, with the contract being for a fixed term or with no time 270 limitation except that the contract must provide a termination 271 clause. Firms providing professional services under continuing 272 contracts shall not be required to bid against one another. The 273 term continuing contract includes contracts executed through 274 December 31, 2023, for professional services to the agency for 275 projects related to repairs and remediation to a specific site 276 due to damage caused by Hurricane Ian in which the estimated 277 construction cost for each individual project does not exceed 278 $15 million. 279 Section 9.The amendments made by this act to s. 280 287.055(2)(g), Florida Statutes, expire on July 1, 2026, and the 281 text of that paragraph shall revert to that in existence on the 282 day before the date that this act became a law, except that any 283 amendments to such text enacted other than by this act shall be 284 preserved and continue to operate to the extent that such 285 amendments are not dependent upon the portions of the text which 286 expire pursuant to this section. 287 Section 10.Section 288.066, Florida Statutes, as created 288 by section 1 of chapter 2023-1, Laws of Florida, is amended to 289 read: 290 288.066Local Government Emergency Revolving Bridge Loan 291 Program. 292 (1)CREATION.The Local Government Emergency Revolving 293 Bridge Loan Program is created, subject to appropriation, within 294 the department to provide financial assistance to local 295 governments impacted by federally declared disasters Hurricane 296 Ian or Hurricane Nicole. The purpose of the loan program is to 297 assist these local governments in maintaining government 298 operations by bridging the gap between the time that the 299 declared disaster occurred and the time that additional funding 300 sources or revenues are secured to provide them with financial 301 assistance. 302 (2)ELIGIBILITY.To be eligible for a loan under the 303 program, a local government must be a county or a municipality 304 located in an area designated in a the Federal Emergency 305 Management Agency disaster declaration declarations for 306 Hurricane Ian or Hurricane Nicole. The local government must 307 show that it may suffer or has suffered substantial loss of its 308 tax or other revenues as a result of the disaster hurricane and 309 demonstrate a need for financial assistance to enable it to 310 continue to perform its governmental operations. Access to and 311 eligibility for the loan program supersedes any local government 312 charter or borrowing limitations that would otherwise 313 financially constrain the local governments ability to recover 314 from a disaster. 315 (3)LOAN TERMS. 316 (a)The department may provide interest-free loans to 317 eligible local governments through a promissory note or other 318 form of written agreement evidencing an obligation to repay the 319 borrowed funds to the department. 320 (b)The amount of each loan must be based upon demonstrated 321 need and must be disbursed to the local government in a lump 322 sum. 323 (c)The term of the loan is up to 24 months 1 year, unless 324 otherwise extended by the department. However, the department 325 may extend loan terms for up to 6 months based on the local 326 governments financial condition. 327 (4)APPLICATION.The department shall prescribe a loan 328 application and may request any other information determined 329 necessary by the department to review and evaluate the 330 application. The eligible local government must submit a loan 331 application within the 12 months after the date that the federal 332 disaster was declared. Upon receipt of an application, the 333 department shall review the application and may request 334 additional information as necessary to complete the review and 335 evaluation. If the loan application is approved, the department 336 shall determine the amount to be loaned, which may be a lower 337 amount than requested, based on the information provided and the 338 total amount of funds available to be loaned and in relation to 339 demonstrated need from other eligible applicants. If the loan 340 application is denied, reasons for the denial may include, but 341 are not limited to, the loan risk, an incomplete application, 342 failure to demonstrate need, or the fact that receiving a loan 343 may negatively affect the local governments eligibility for 344 other federal programs. 345 (5)(4)USE OF LOAN FUNDS.A local government may use loan 346 funds only to continue local governmental operations or to 347 expand or modify such operations to meet disaster-related needs. 348 The funds may not be used to finance or supplant funding for 349 capital improvements or to repair or restore damaged public 350 facilities or infrastructure. 351 (6)(5)LOAN REPAYMENT. 352 (a)The local government may make payments against the loan 353 at any time without penalty. Early repayment is encouraged as 354 other funding sources or revenues become available to the local 355 government. 356 (b)Loans become due and payable in accordance with the 357 terms of the agreement. 358 (7)(6)ADMINISTRATION. 359 (a)Upon the issuance of a federal disaster declaration, 360 the department shall provide notice of application requirements 361 and the total amount of funds available and shall make loan 362 information available to eligible local governments. Based upon 363 the amount of funds in the Economic Development Trust Fund 364 available to be loaned and anticipated balances, the department 365 may make funds available in an amount reasonably related to the 366 anticipated need, based upon the impacts of the federal 367 disaster, up to the total amount available The department may 368 approve loans in the 2022-2023 fiscal year or the 2023-2024 369 fiscal year up to the total amount appropriated. 370 (b)The department must coordinate with the Division of 371 Emergency Management or other applicable state agencies to 372 assess whether such loans would affect reimbursement under 373 federal programs for disaster-related expenses. 374 (c)All repayments of principal and interest must be 375 returned to the loan fund and made available as provided in this 376 section. Notwithstanding s. 216.301, funds appropriated for this 377 program are not subject to reversion Upon receipt of any loan 378 payment from a local government, the department shall transfer 379 the funds to the General Revenue Fund. 380 (8)(7)RULES.The department may adopt rules to implement 381 this section. 382 (9)(8)EXPIRATION.This section expires July 1, 2038 June 383 30, 2027. A loan may not be awarded after June 30, 2038. Upon 384 expiration, all unencumbered funds and loan repayments made on 385 or after July 1, 2038, must be transferred revert to the General 386 Revenue Fund. 387 Section 11.Effective upon becoming a law, subsection (5) 388 is added to section 489.117, Florida Statutes, to read: 389 489.117Registration; specialty contractors. 390 (5)Notwithstanding paragraph (1)(b), a registered 391 contractor may engage in contracting only for work covered by 392 the registration within an area for which a state of emergency 393 is declared pursuant to s. 252.36 for a natural emergency. This 394 authorization terminates 24 months after the expiration of the 395 declared state of emergency. The local jurisdiction that 396 licenses the registered contractor may discipline the registered 397 contractor for violations occurring outside the licensing 398 jurisdiction which occur during the period such work is 399 authorized under this subsection. 400 Section 12.Section 553.7922, Florida Statutes, is created 401 to read: 402 553.7922Local government-expedited approval of certain 403 permits.Following a state of emergency declared pursuant to s. 404 252.36 for a natural emergency, local governments impacted by 405 the emergency shall approve special processing procedures to 406 expedite permit issuance for permits that do not require 407 technical review, including, but not limited to, roof repairs, 408 reroofing, electrical repairs, service changes, or the 409 replacement of one window or one door. Local governments may 410 waive application and inspection fees for permits expedited 411 under this section. 412 Section 13.Effective upon becoming a law, present 413 subsections (8) and (9) of section 553.80, Florida Statutes, are 414 redesignated as subsections (9) and (10), respectively, and a 415 new subsection (8) is added to that section, to read: 416 553.80Enforcement. 417 (8)Effective January 1, 2023, local governments located in 418 areas designated in the Federal Emergency Management Agency 419 disaster declarations for Hurricane Ian or Hurricane Nicole may 420 not raise building inspection fees, as authorized by s. 421 125.56(2) or s. 166.222 and this section, before October 1, 422 2024. This subsection expires June 30, 2025. 423 Section 14.(1)A county or municipality located entirely 424 or partially within 100 miles of where either Hurricane Ian or 425 Hurricane Nicole made landfall shall not propose or adopt more 426 restrictive or burdensome amendments to its comprehensive plan 427 or land development regulations, nor propose or adopt more 428 restrictive or burdensome procedures concerning review, 429 approval, or issuance of a site plan, development permit, or 430 development order, to the extent that those terms are defined by 431 s. 163.3164, Florida Statutes, before October 1, 2024, and any 432 such restrictive or burdensome comprehensive plan amendment, 433 land development regulation, or procedure shall be null and void 434 ab initio. This subsection applies retroactively to September 435 29, 2022. 436 (2)Notwithstanding subsection (1), any comprehensive plan 437 amendment, land development regulation amendment, site plan, 438 development permit, or development order approved or adopted by 439 a county or municipality before or after the effective date of 440 this section may be enforced if: 441 (a)The associated application is initiated by a private 442 party other than the county or municipality; and 443 (b)The property that is the subject of the application is 444 owned by the initiating private party. 445 (3)This section shall take effect upon becoming a law and 446 expires June 30, 2025. 447 Section 15.Paragraph (d) is added to subsection (2) of 448 section 823.11, Florida Statutes, to read: 449 823.11Derelict vessels; relocation or removal; penalty. 450 (2) 451 (d)Notwithstanding the additional 45 days provided in sub 452 subparagraph (b)2.b. during which an owner or a responsible 453 party may not be charged for a violation of this section, the 454 commission, an officer of the commission, a law enforcement 455 agency or officer specified in s. 327.70, or, during a state of 456 emergency declared by the Governor, the Division of Emergency 457 Management or its designee, may immediately begin the process 458 set forth in s. 705.103(2)(a) and, once that process has been 459 completed and the 45 days provided herein have passed, any 460 vessel that has not been removed or repaired such that it is no 461 longer derelict upon the waters of this state may be removed and 462 destroyed as provided therein. 463 Section 16.For the 2023-2024 fiscal year, the sums of $1 464 million in nonrecurring funds from the General Revenue Fund and 465 $10 million in nonrecurring funds from the Federal Grants Trust 466 Fund are appropriated to the Division of Emergency Management to 467 fund the Safeguarding Tomorrow Through Ongoing Risk Mitigation 468 Act Revolving Loan Program. These funds shall be placed in 469 reserve. The division is authorized to submit a budget amendment 470 for release of the funds held in reserve for approval by the 471 Legislative Budget Commission pursuant to chapter 216, Florida 472 Statutes. Release is contingent upon documentation of an award 473 or other approval by the Federal Emergency Management Agency and 474 the divisions approved intended use plan for the funds. 475 Section 17.The sum of $971,331 in recurring funds and 476 $37,456 in nonrecurring funds from the Insurance Regulatory 477 Trust Fund and eight positions with associated salary rate of 478 625,000 is appropriated to the Office of Insurance Regulation 479 related to hurricane related market conduct activity. 480 Section 18.(1)For the 2023-2024 fiscal year, the sum of 481 $50 million in nonrecurring funds is appropriated from the 482 General Revenue Fund to the Economic Development Trust Fund of 483 the Department of Economic Opportunity to fund the Local 484 Government Emergency Revolving Bridge Loan Program. 485 (2)Funds appropriated in section 3 of chapter 2023-1, Laws 486 of Florida, for the Local Government Emergency Bridge Loan 487 Program which have not been loaned to a local government 488 pursuant to a loan agreement as of July 1, 2023, shall be 489 transferred by nonoperating budget authority to the Economic 490 Development Trust Fund of the Department of Economic Opportunity 491 to be used for the Local Government Emergency Revolving Bridge 492 Loan Program. 493 (3)Notwithstanding sections 1 and 3 of chapter 2023-1, 494 Laws of Florida, all loan repayments for loans made under the 495 Local Government Emergency Bridge Loan Program shall be repaid 496 into the Economic Development Trust Fund and be made available 497 for loans under the Local Government Emergency Revolving Bridge 498 Loan Program. 499 Section 19.Except as otherwise expressly provided in this 500 act and except for this section, which shall take effect upon 501 becoming a law, this act shall take effect July 1, 2023.