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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 emergencies; amending s. 83.63, 2
F.S.; requiring certain tenants to be given specified 3
opportunities or notice; amending s. 101.733, F.S.; 4
removing provisions relating to an elections emergency 5
contingency plan; creating s. 101.7325, F.S. ; 6
authorizing certain supervisors of elections to take 7
specified actions under certain circumstances; 8
requiring such supervisors to use specified methods to 9
inform affected voters of election changes; creating 10
s. 101.735, F.S.; requiring the Division of El ections 11
to develop a statewide election emergency contingency 12
plan for a specified purpose; requiring such plan to 13
include certain procedures; requiring supervisors of 14
elections to develop a local election emergency 15
contingency plan in consultation with ce rtain 16
officials; requiring the plan to be submitted to the 17
division for approval by a certain date; requiring the 18
division to make a determination by a certain date; 19
requiring the division to adopt rules; amending s. 20
101.736, F.S.; defining the term "table top exercise"; 21
requiring the Secretary of State, in coordination with 22
supervisors of elections, to develop an election 23
emergency training program; requiring the Secretary of 24
State to convene a workgroup for a certain purpose by 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
a specified date of every od d-numbered year; providing 26
requirements for the workgroup; requiring the results 27
of the workgroup to be used in a specified manner; 28
creating s. 163.31795, F.S.; defining the terms 29
"cumulative substantial improvement period" and "local 30
government"; requirin g local governments participating 31
in a specified insurance program to adopt certain 32
cumulative substantial improvement periods; amending 33
s. 163.31801, F.S.; prohibiting certain entities from 34
assessing impact fees for specified replacement 35
structures; providing an exception; amending s. 36
252.38, F.S.; requiring county emergency management 37
plans to include certain policies; creating s. 38
252.381, F.S.; requiring specified political 39
subdivisions to provide certain information on their 40
websites, develop certain pr ocedures, and use their 41
best efforts to open permitting offices for at least 42
40 hours per week; requiring specified individuals to 43
complete certain training every 2 years beginning on a 44
specified date; creating s. 252.421, F.S.; defining 45
the term "contract"; requiring the Division of 46
Emergency Management to establish procedures for 47
setting maximum rates for certain contracts; requiring 48
the division to establish such rates by a specified 49
date and update such rates every 2 years; prohibiting 50
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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
certain contracts from exceeding such rates; requiring 51
the division to coordinate with certain counties for a 52
specified purpose; creating s. 252.422, F.S.; defining 53
the term "impacted local government"; prohibiting 54
impacted local governments from proposing or adopting 55
certain moratoriums, amendments, or procedures for a 56
specified timeframe; authorizing the enforcement of 57
certain amendments, plans, permits, and orders under 58
certain circumstances; authorizing any person to file 59
suit to enforce specified provisions; authorizin g 60
certain entities to request a court to make a 61
specified determination; prohibiting such entities 62
from taking certain actions until preliminary or final 63
judgment; requiring plaintiffs to provide certain 64
notification before filing suit; requiring impacted 65
local governments to take certain actions upon receipt 66
of such notification or a suit may be filed; providing 67
for reasonable attorney fees and costs; authorizing 68
the use of a certain summary procedure; requiring the 69
court to advance the cause on the calend ar; creating 70
s. 252.505, F.S.; requiring certain contracts to 71
include a specified provision; defining the term 72
"emergency recovery period"; creating s. 489.1132, 73
F.S.; providing definitions; requiring a hurricane 74
preparedness plan to be available for inspe ction at 75
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certain worksites; requiring certain equipment to be 76
secured in a specified manner no later than 24 hours 77
before the impacts of a hurricane are anticipated to 78
begin; providing penalties; requiring the division to 79
consult with specified entities to develop certain 80
recommendations and provide a report to the 81
Legislature by a specified date; authorizing the 82
division to adopt emergency rules; providing a 83
directive to the Division of Law Revision; providing 84
an effective date. 85
86
Be It Enacted by the L egislature of the State of Florida: 87
88
Section 1. Section 83.63, Florida Statutes, is amended to 89
read: 90
83.63 Casualty damage. —If the premises are damaged or 91
destroyed other than by the wrongful or negligent acts of the 92
tenant so that the enjoyment of t he premises is substantially 93
impaired:, 94
(1) The tenant may terminate the rental agreement and 95
immediately vacate the premises. The tenant may vacate the part 96
of the premises rendered unusable by the casualty, in which case 97
the tenant's liability for rent shall be reduced by the fair 98
rental value of that part of the premises damaged or destroyed. 99
If the rental agreement is terminated, the landlord shall comply 100
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with s. 83.49(3). 101
(2) The tenant must be given: 102
(a) The opportunity to collect his or her bel ongings from 103
the premises when it is safe to do so; or 104
(b) Notice of the date by which the tenant will be able to 105
collect his or her belongings from the premises, which must 106
occur within a reasonable time. 107
Section 2. Subsection (3) of section 101.733 , Florida 108
Statutes, is amended to read: 109
101.733 Emergency suspension or delay of an election 110
emergency; purpose; elections emergency contingency plan .—111
Because of the existing and continuing possibility of an 112
emergency or common disaster occurring before or during a 113
regularly scheduled or special election, and in order to ensure 114
maximum citizen participation in the electoral process and 115
provide a safe and orderly procedure for persons seeking to 116
exercise their right to vote, generally to minimize to whatev er 117
degree possible a person's exposure to danger during declared 118
states of emergency, and to protect the integrity of the 119
electoral process, it is hereby found and declared to be 120
necessary to designate a procedure for the emergency suspension 121
or delay and rescheduling of elections. 122
(3) The Division of Elections of the Department of State 123
shall adopt, by rule, an elections emergency contingency plan, 124
which shall contain goals and policies that give specific 125
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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
direction to state and local elections officials when an 126
election has been suspended or delayed due to an emergency. The 127
contingency plan shall be statewide in scope and shall address, 128
but not be limited to, the following concerns: 129
(a) Providing a procedure for state and local elections 130
officials to follow when an election has been suspended or 131
delayed to ensure notice of the suspension or delay to the 132
proper authorities, the electorate, the communications media, 133
poll workers, and the custodians of polling places. 134
(b) Providing a procedure for the ord erly conduct of a 135
rescheduled election, whether municipal, county, district, or 136
statewide in scope; coordinating those efforts with the 137
appropriate elections official, and the members of the governing 138
body holding such election, if appropriate; and working with the 139
appropriate emergency management officials in determining the 140
safety of existing polling places or designating additional 141
polling places. 142
(c) Providing a procedure for the release and 143
certification of election returns to the department for 144
elections suspended or delayed and subsequently rescheduled 145
under the provisions of ss. 101.731 -101.74. 146
Section 3. Section 101.7325, Florida Statutes, is created 147
to read: 148
101.7325 Election emergency. — 149
(1) If the Governor declares a state of emergency for a 150
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natural emergency, as defined in s. 252.34, fewer than 60 days 151
before an election, the supervisor of a county designated as 152
affected by such declaration may take any of the following 153
actions necessary while the declaration continues to designate 154
the area as an affected area: 155
(a) Notwithstanding the designation deadline in s. 156
101.657(1)(b), change the location of designated early voting 157
sites. The supervisor must immediately notify the division of 158
the new address of each early voting site and the hours during 159
which early voting will occur at each site. 160
(b) Request approval from the Secretary of State to 161
designate early voting sites at locations not specifically 162
authorized under s. 101.657(1). The re quest must set forth 163
sufficient facts to establish that a sufficient number of early 164
voting sites that were designated, or that may be designated 165
under paragraph (a), are unavailable due to the emergency. For 166
purposes of this paragraph, reasons that early voting sites may 167
be unavailable include, but are not limited to, the site is no 168
longer safe for occupancy, the site is located in an area that 169
is currently dangerous to travel to and from, or the site does 170
not have adequate utilities. The Secretary of Stat e must approve 171
or deny the request within 36 hours after receipt. An early 172
voting site designated under this paragraph must, to the maximum 173
extent practicable, be geographically located so as to provide 174
all voters in the area with an equal opportunity to c ast a 175
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ballot. 176
(c) Notwithstanding s. 101.657(1)(d), allow early voting 177
to occur the day before an election. 178
(d) Notwithstanding ss. 101.657 and 101.71, request 179
approval from the Secretary of State to allow election day 180
voting at early voting sites. Th e request must set forth 181
sufficient facts to establish that a sufficient number of early 182
voting sites that were designated, or that may be designated 183
under paragraph (a), are unavailable due to the emergency. For 184
purposes of this paragraph, reasons that a polling place may be 185
unavailable include, but are not limited to, the polling place 186
is no longer safe for occupancy, the polling place is located in 187
an area that is currently dangerous to travel to and from, or 188
the polling place does not have adequate util ities. The 189
Secretary of State must approve or deny the request within 36 190
hours after receipt. An early voting site designated as a 191
polling place under this paragraph must, to the maximum extent 192
practicable, be geographically located so as to provide all 193
voters in the area with an equal opportunity to cast a ballot. 194
(e) Notwithstanding the designation deadline in s. 195
101.69(2)(b), designate additional secure ballot intake 196
stations. The supervisor must immediately notify the division of 197
the location of the a dditional secure ballot intake stations. 198
(f) Send a vote-by-mail ballot to a voter who has 199
requested such ballot: 200
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1. By forwardable mail or to an address other than the 201
address listed for the voter in the statewide voter registration 202
system. 203
2. Notwithstanding s. 101.62(1)(a) and (b), without the 204
voter's written request or if a written request is not signed. 205
3. Notwithstanding s. 101.62(3)(c), as soon as 206
practicable. 207
(g) If the supervisor determines that a poll worker 208
shortage exists, appoint poll workers who have not met the 209
training requirements in s. 102.014. However, such poll workers 210
must have received the required training within the previous 2 211
years. 212
(h) Notwithstanding s. 102.012(2), appoint inspectors and 213
clerks who are registered qualif ied electors of this state but 214
who are not registered qualified electors of the applicable 215
county. 216
(2) The supervisor shall use print and broadcast media, 217
social media, Internet websites, polling place signage, and any 218
other method necessary to inform af fected voters of any changes 219
to elections made under this section. 220
Section 4. Section 101.735, Florida Statutes, is created 221
to read: 222
101.735 Election emergency contingency plans. — 223
(1) The division shall adopt by rule a statewide election 224
emergency contingency plan to provide specific direction in the 225
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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
event an emergency occurs preceding or during an election. The 226
contingency plan shall include, at minimum, procedures to: 227
(a) Ensure that necessary parties are notified of any 228
changes impacting an ele ction that has been suspended, delayed, 229
rescheduled, or otherwise affected by an emergency. As used in 230
this paragraph, necessary parties include proper authorities, 231
the electorate, the media, poll workers, and polling place 232
custodians. 233
(b) Ensure that an election that has been suspended, 234
delayed, rescheduled, or otherwise affected by an emergency is 235
conducted in a safe and orderly manner. The procedures must 236
include a plan to coordinate the actions of the division, 237
supervisors, county canvassing boards, a nd, if appropriate, 238
members of the governing body holding such election. 239
(c) Determine the safety of existing polling places or 240
designate additional polling places in coordination with the 241
appropriate emergency management officials. 242
(d) Release and cer tify returns to the division for 243
elections suspended, delayed, rescheduled, or otherwise affected 244
by an emergency. 245
(e) Coordinate efforts between supervisors in affected and 246
unaffected counties to ensure voting opportunities for affected 247
voters, including ensuring the delivery of vote -by-mail ballots 248
to law enforcement officers, military personnel, first 249
responders, and utility line workers. 250
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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
(2) Each supervisor shall develop, in consultation with 251
local emergency management officials, a local election emergency 252
contingency plan. The contingency plan must be submitted to the 253
division for approval by May 1 of every odd -numbered year. The 254
division must determine whether the local election emergency 255
contingency plan is sufficient no later than May 30. The 256
division shall adopt rules to implement this subsection, 257
including the creation of standard criteria for determining the 258
sufficiency of local election emergency contingency plans. 259
Section 5. Section 101.736, Florida Statutes, is created 260
to read: 261
101.736 Election emergency training; best practices. — 262
(1) As used in this section, the term "tabletop exercise" 263
means a session in which participants are guided through 264
possible scenarios and discuss their roles and responsibilities 265
if such a scenario occurs, as well as how they would respond to 266
such a scenario. 267
(2) The Secretary of State, in coordination with 268
supervisors, shall develop an election emergency training 269
program. The training is required for newly elected or appointed 270
supervisors and any critica l staff, as determined by a 271
supervisor. The Secretary of State shall update such training at 272
least once every 4 years. 273
(3) By June 1 of every odd -numbered year, the Secretary of 274
State shall convene a workgroup to create a list of best 275
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practices for conducting an election during an emergency. 276
(a) The workgroup must include at least 10 current 277
supervisors. 278
(b) The workgroup must participate in tabletop exercises 279
involving election emergencies. 280
(4) Using the list created in subsection (3), the 281
Secretary of State must: 282
(a) Incorporate practices applicable to all counties into 283
the statewide election emergency contingency plan under s. 284
101.735(1). 285
(b) Recommend practices applicable to specific counties to 286
the applicable supervisor for inclusion in the supervisor's 287
local election emergency contingency plan under s. 101.735(2). 288
Section 6. Section 163.31795, Florida Statutes, is created 289
to read: 290
163.31795 Participation in the National Flood Insurance 291
Program.— 292
(1) For purposes of this secti on, the term: 293
(a) "Cumulative substantial improvement period" means the 294
period during which an aggregate of improvements or repairs are 295
considered for purposes of determining substantial improvement 296
as defined in s. 161.54(12). 297
(b) "Local government" h as the same meaning as in s. 298
163.2514. 299
(2) A local government that is participating in the 300
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National Flood Insurance Program may not adopt a cumulative 301
substantial improvement period that is longer than 1 year. 302
Section 7. Subsection (14) is added to s ection 163.31801, 303
Florida Statutes, to read: 304
163.31801 Impact fees; short title; intent; minimum 305
requirements; audits; challenges. — 306
(14) A local government, school district, or special 307
district may not assess an impact fee for the reconstruction or 308
replacement of a previously existing structure if the 309
replacement structure is of the same land use as the original 310
structure. However, a local government, school district, or 311
special district that uses a tiered scale to assess may assess 312
an impact fee equal to the impact fee for the original structure 313
less the impact fee for the replacement structure. 314
Section 8. Paragraph (f) is added to subsection (1) of 315
section 252.38, Florida Statutes, to read: 316
252.38 Emergency management powers of political 317
subdivisions.—Safeguarding the life and property of its citizens 318
is an innate responsibility of the governing body of each 319
political subdivision of the state. 320
(1) COUNTIES.— 321
(f) County emergency management plans must include 322
policies for coordination with priv ate entities to relocate 323
large items such as shipping containers and dumpsters that are 324
located near roadways before a hurricane to prevent possible 325
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damage and debris caused by such items. 326
Section 9. Section 252.381, Florida Statutes, is created 327
to read: 328
252.381 Information related to natural emergencies. — 329
(1) Each county and municipality must post on its publicly 330
accessible website: 331
(a) A frequently asked questions web page related to 332
natural emergency response, emergency preparedness, and public 333
relief for residents following an emergency. The web page must 334
answer questions concerning resident evacuations; safety tips; 335
generator, food and drinking water, and wastewater and 336
stormwater safety; damage assessment; debris cleanup; accessing 337
assistance through the Federal Emergency Management Agency and 338
this state; building recovery; natural emergency guidance; 339
applicable laws; and what to do before, during, and after an 340
emergency. 341
(b) A disaster supply list and a list of emergency 342
shelters. 343
(c) Links to information about flood zones. 344
(d) A checklist for residents explaining next steps to 345
take during postdisaster recovery. 346
(2) Each county and municipality must provide an online 347
option for receiving, reviewing, and accessing substantial 348
damage and substantial improvement letters. The county or 349
municipality must allow homeowners to provide an e -mail address 350
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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
where they can receive digital copies of such letters. 351
(3) As soon as reasonably possible, each county and 352
municipality that has experienced a direct impact from a natural 353
emergency must use its best efforts to open a permitting office 354
at which residents can access government services for at least 355
40 hours per week. 356
(4) Beginning October 1, 2025, emergency management 357
personnel of a county or m unicipality, and individuals who 358
perform key roles in postdisaster response for a county or 359
municipality, must complete the training provided pursuant to s. 360
252.35 every 2 years. 361
Section 10. Section 252.421, Florida Statutes, is created 362
to read: 363
252.421 Management of debris related to natural 364
emergencies.— 365
(1)(a) As used in this subsection, the term "contract" 366
means an agreement for the provision of debris removal services 367
after a natural emergency. 368
(b) The division must establish by rule pro cedures for 369
setting maximum rates for contracts. The procedures may 370
establish different rates based on geographic location. The 371
division must consult with local governments to establish such 372
procedures. 373
(c) The division must establish maximum rates for 374
contracts by June 1, 2025, and must update such rates every 2 375
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years. The division must publish the maximum rates on its 376
website. Any contract amended or established after June 1, 2025, 377
may not exceed such rates. 378
(2) The division shall coordinate with fisc ally 379
constrained counties, as described in s. 218.67(1), included in 380
a declared state of emergency for a natural emergency and the 381
Department of Transportation to provide such counties with state 382
resources to remove debris from roadways, including roadways 383
that are publicly accessible but not maintained by the county. 384
Section 11. Section 252.422, Florida Statutes, is created 385
to read: 386
252.422 Rebuilding and repairing structures after 387
hurricanes.— 388
(1) As used in this section, the term "impacted local 389
government" means a county or municipality located entirely or 390
partially within 100 miles of the track of a storm declared to 391
be a hurricane by the National Hurricane Center. The term only 392
includes such local governments within 100 miles of the track 393
while the storm was categorized as a hurricane. 394
(2) For 2 years after a hurricane makes landfall, an 395
impacted local government may not propose or adopt: 396
(a) A moratorium on construction, reconstruction, or 397
redevelopment of any property. 398
(b) A more restrictive or burdensome amendment to its 399
comprehensive plan or land development regulations. 400
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(c) A more restrictive or burdensome procedure concerning 401
review, approval, or issuance of a site plan, development 402
permit, or development order, to the extent that those terms are 403
defined in s. 163.3164. 404
(3) Notwithstanding paragraph (a), a comprehensive plan 405
amendment, land development regulation amendment, site plan, 406
development permit, or development order approved or adopted by 407
an impacted local governmen t before or after the effective date 408
of this act may be enforced if: 409
(a) The associated application is initiated by a private 410
party other than the impacted local government. 411
(b) The property that is the subject of the application is 412
owned by the initiating private party. 413
(4)(a) Any person may file suit against any impacted local 414
government for declaratory and injunctive relief to enforce this 415
section. 416
(b) A county or municipality may request a determination 417
by a court of competent jurisdiction as to whether such action 418
violates this section. Upon such a request, the county or 419
municipality may not enforce the action until the court has 420
issued a preliminary or final judgment determining whether the 421
action violates this section. 422
(c) Before a plaintiff may file suit, the plaintiff shall 423
notify the impacted local government by setting forth the facts 424
upon which the complaint or petition is based and the reasons 425
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the impacted local government's action violates this section. 426
Upon receipt of the notice, the impacted local government shall 427
have 14 days to withdraw or revoke the action at issue or 428
otherwise declare it void. If the impacted local government does 429
not withdraw or revoke the action at issue within the time 430
prescribed, the plaintiff may file suit. T he plaintiff shall be 431
entitled to entry of a preliminary injunction to prevent the 432
impacted local government from implementing the challenged 433
action during pendency of the litigation. In any action 434
instituted pursuant to this paragraph, the prevailing plai ntiff 435
shall be entitled to reasonable attorney fees and costs. 436
(d) In any case brought under this section, any party is 437
entitled to the summary procedure provided in s. 51.011, and the 438
court shall advance the cause on the calendar. 439
Section 12. Section 252.505, Florida Statutes, is created 440
to read: 441
252.505 Breach of contract during emergency recovery 442
periods for natural emergencies. —Each state or local government 443
contract for goods or services related to emergency response for 444
a natural emergency ent ered into, renewed, or amended on or 445
after July 1, 2025, must include a provision that requires a 446
vendor or service provider that breaches such contract during an 447
emergency recovery period to pay actual and consequential 448
damages and a $5,000 penalty. As us ed in this section, the term 449
"emergency recovery period" means a 1 -year period that begins on 450
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the date that the Governor initially declared a state of 451
emergency for a natural emergency. 452
Section 13. Section 489.1132, Florida Statutes, is created 453
to read: 454
489.1132 Regulation of hoisting equipment used in 455
construction, demolition, or excavation work during a 456
hurricane.— 457
(1) As used in this section, the term: 458
(a) "Hoisting equipment" means power -operated cranes, 459
derricks, and hoists used in constructi on, demolition, or 460
excavation work that are regulated by the Occupational Safety 461
and Health Administration under 29 C.F.R. 66 parts 1910.66 and 462
1926.66. 463
(b) "Mobile crane" means a type of hoisting equipment 464
incorporating a cable -suspended latticed boom o r hydraulic 465
telescoping boom designed to be moved between operating 466
locations by transport over a roadway. The term does not include 467
a mobile crane with a boom length of less than 25 feet or a 468
maximum rated load capacity of less than 15,000 pounds. 469
(c) "Tower crane" means a type of hoisting equipment using 470
a vertical mast or tower to support a working boom in an 471
elevated position if the working boom can rotate to move loads 472
laterally either by rotating at the top of the mast or tower or 473
by the rotation of the mast or tower itself, whether the mast or 474
tower base is fixed in one location or ballasted and moveable 475
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between locations. 476
(2)(a) When a tower crane or mobile crane is located on a 477
worksite, a hurricane preparedness plan for the crane must be 478
available for inspection at the worksite. 479
(b) In preparation for a hurricane, hoisting equipment 480
must be secured in the following manner no later than 24 hours 481
before the impacts of the hurricane are anticipated to begin: 482
1. All hoisting equipment must be secured in compliance 483
with manufacturer recommendations relating to hurricane and 484
high-wind events, including any recommendations relating to the 485
placement, use, and removal of advertising banners and rigging. 486
2. Tower crane turntables must be lubricated before the 487
event. 488
3. Fixed booms on mobile cranes must be laid down whenever 489
feasible. 490
4. Booms on hydraulic cranes must be retracted and stored. 491
5. The counterweights of any hoists must be locked below 492
the top tie-in. 493
6. Tower cranes must be set in the weathervane position. 494
7. All rigging must be removed from hoist blocks. 495
8. All power at the base of tower cranes must be 496
disconnected. 497
(3) A person licensed under this part who intentionally 498
violates this section is subject to discipline under ss. 455.227 499
and 489.129. 500
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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
Section 14. The Division of Emergency Management shall 501
consult with local governments, the Department of Business and 502
Professional Regulation, the Department of Environmental 503
Protection, and any other appropriate agencies to d evelop 504
recommendations for statutory changes necessary to streamline 505
the permitting process for repairing and rebuilding structures 506
damaged during natural emergencies. By July 1, 2026, the 507
division shall provide a report containing such recommendations 508
to the President of the Senate and the Speaker of the House of 509
Representatives. 510
Section 15. The Division of Emergency Management is 511
authorized, and all conditions are deemed met, to adopt 512
emergency rules under s. 120.54(4), Florida Statutes, for the 513
purpose of establishing maximum rates for contracts under s. 514
252.421(1), Florida Statutes. Notwithstanding any other law, 515
emergency rules adopted under this section are effective for 6 516
months after adoption and may be renewed during the pendency of 517
procedures to adopt permanent rules addressing the subject of 518
the emergency rules. This section expires July 1, 2026. 519
Section 16. The Division of Law Revision is directed to 520
replace the phrase "the effective date of this act" wherever it 521
occurs in this act with t he date this act becomes a law. 522
Section 17. This act shall take effect upon becoming a 523
law. 524