STORAGE NAME: h1535.NRD
DATE: 3/14/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 1535
TITLE: Emergencies
SPONSOR(S): McFarland
COMPANION BILL: CS/SB 180 (DiCeglie)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Natural Resources & Disasters
Transportation & Economic
Development Budget
State Affairs
SUMMARY
Effect of the Bill:
The bill amends various provisions related to emergency management to improve the state’s ability to respond to
and recover from natural emergencies, including hurricanes. The bill requires each county and municipality to post
certain information pertaining to storm preparation and recovery online. It requires local government personnel
who perform key post-disaster response activities to complete a training every two years. The bill creates new
provisions relating to debris removal, including requiring the Division of Emergency Management (DEM) to assist
fiscally constrained counties with debris removal from roadways and establishing maximum rates for debris
hauling contracts. The bill prohibits certain local government actions post-hurricane that place a moratorium or
other restrictions on development and creates a statewide substantial improvement lookback period for purposes
of the National Flood Insurance Program. The bill requires DEM to work with specified entities to develop
recommendations to streamline permitting for disaster recovery. The bill creates crane safety procedures to
prepare for hurricane impacts. The bill also updates emergency election procedures, including provisions relating
to early voting, voting-by-mail, ballot intake stations, and poll worker requirements.
Fiscal or Economic Impact:
This bill will have an indeterminate fiscal impact on the state and local governments.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Emergency Management
The bill amends various provisions related to emergency management. Specifically, the bill requires each county
and municipality to post certain information related to emergency response and preparation on its publicly
accessible website, including:
A frequently asked questions related to natural emergency response, emergency preparedness, and public
relief for residents following an emergency.
A disaster supply list and a list of emergency shelters.
Links to information about flood zones.
A checklist for residents explaining the next steps to take during post-disaster recovery. (Section 9)
Beginning October 1, 2025, the bill requires the emergency management personnel of each county or municipality
and individuals who perform key roles in post-disaster response to complete training provided by the Division of
Emergency Management (DEM) every two years. (Section 9)
The bill requires all state and local government contracts for goods or services related to emergency response
entered into, renewed, or amended on or after July 1, 2025, include a provision that, upon breach during an
emergency recovery period, the contractor is required to pay actual and consequential damages and a $5,000 JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
penalty. The bill defines “emergency recovery period” as the one year period that begins on the date that the
Governor initially declared a state of emergency for a natural emergency. (Section 12)
Debris Management
The bill creates several new provisions related to debris management. Specifically, the bill:
Directs county emergency management plans to include coordinated policies with private entities to
relocate large items, such as shipping containers and dumpsters, that are located near roadways before
a hurricane to prevent possible damage and debris caused by such items. (Section 8)
Requires DEM to establish procedures for setting maximum rates for contracts for the provision of debris
removal services after a natural emergency. The procedures may establish different rates based on
geographic location. The bill directs DEM to consult with local governments to establish such procedures.
The rates must be published online by June 1, 2025, and must be updated every two years. Finally, these
rates cannot be exceeded in a contract established or amended after June 1, 2025. (Section 10)
Requires DEM to coordinate with fiscally constrained counties included within a declared state of
emergency for a natural emergency and the Department of Transportation to remove debris from
roadways, including roadways that are publicly accessible but not maintained by the county. (Section 10)
Hoisting Equipment and Crane Safety
When a tower or mobile crane is on a worksite, the bill requires a hurricane preparedness plan for that crane to be
available for inspection. The bill provides emergency procedures and practices for hoisting devices and tower
cranes that must occur 24 hours before the anticipated impacts of a hurricane. Finally, it provides that a contractor
who violates these safety provisions is subject to discipline by the Department of Business and Professional
Regulation (DBPR). (Section 13)
Rebuild and Repair
The bill lays out several new provisions that address repair and rebuilding after a natural disaster. The bill:
Requires DEM to consult with local governments, DBPR, the Department of Environmental Protection, and
any other appropriate agencies to develop recommendations for statutory changes necessary to streamline
the permitting process for repairing and rebuilding structures damaged during natural emergencies. These
recommendations must be presented to the President of the Senate and the Speaker of the House of
Representatives by July 1, 2026. (Section 14)
Prevents a local government, school district, or special district from assessing an impact fee for the
reconstruction or replacement of a previously existing structure if the replacement structure is of the same
land use as the original structure. However, if a jurisdiction uses a tiered scale to assess, it may assess an
impact fee equal to the impact fee for the original structure less the impact fee for the replacement
structure. (Section 7)
Requires each county and municipality directly impacted by a natural emergency to use its best efforts to
open a permitting office as soon as reasonably possible where residents can access government services for
at least 40 hours per week. (Section 9)
Requires each county and municipality to provide an online option for receiving, reviewing, and accessing
substantial damage and substantial improvement letters. The county or municipality must allow a
homeowner to provide an email address to obtain these digital copies. (Section 9)
For a local government that is participating in the National Flood Insurance Program (NFIP), the bill provides that
the local government may not adopt a cumulative substantial improvement period (also known as “lookback”
period”) that is longer than one year. The bill defines “cumulative substantial improvement period” as the period
during which an aggregate of improvements or repairs are considered for purposes of determining substantial
improvement. (Section 6)
For two years after a hurricane makes landfall, the bill prohibits a local government located entirely or partially
within 100 miles of a hurricane’s track from proposing or adopting:
A moratorium on construction, reconstruction, or redevelopment of any property;
A more restrictive or burdensome amendment to its comprehensive plan or land development regulations;
or JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
A more restrictive or burdensome procedure concerning review, approval, or issuance of a site plan,
development permit, or development order. (Section 11)
If these provisions are not followed, the bill provides a procedure for a person to file suit against a local
government for declaratory and injunctive relief. Before a plaintiff can sue, however, the plaintiff must provide the
local government 14 days to withdraw or revoke the action or otherwise declare it void. Ultimately, if the matter is
resolved after a suit, the prevailing plaintiff is entitled to reasonable attorney fees and costs. (Section 11)
Access to Unusable Property
The bill provides that when a rented premise is damaged or destroyed so that the enjoyment of the premise is
substantially impaired, other than by wrongful or negligent act of the tenant, the tenant must be given an
opportunity to collect his or her belongings or notice of a date by which the tenant will be able to do so.
(Section 1)
Emergency Elections Procedures
The bill provides additional flexibility to county supervisors of elections (supervisors) in responding to a natural
emergency that occurs within 60 days of an election. If the Governor declares a state of emergency for a natural
emergency within that period, the bill provides that a supervisor within an affected area, as designated in the
declaration, may take the following actions as needed:
Change the location of designated early voting sites; the supervisor must notify the Division of Elections
(division) within the Department of State of the new address of each early voting site and the hours during
which early voting will occur at each site.
Request approval from the Secretary of State to designate early voting sites at a location type not
specifically authorized in law.
Allow early voting to occur the day before the election.
Allow election day voting to occur at early voting sites.
Designate additional secure ballot intake stations; the supervisor must immediately notify the division of
the location of the additional secure ballot intake stations.
Send a vote-by-mail (VBM) ballot to a voter who requests a ballot:
o By a written request that lacks a voter’s signature or by a method other than the voter’s written
request.
o To an address other than the address listed in the statewide voter registration system.
o By forwardable mail (instead of the current requirement that it be by non-forwardable mail).
o As soon as practicable, rather than within two business days after receiving a request.
Appoint poll workers who have not met the standard poll worker training requirements if the supervisor
finds that a shortage of poll workers exists within the county and each available poll worker received, at a
minimum, the requisite training within two years preceding the election.
Suspend the requirement that each poll worker be a registered (or preregistered) voter of the county in
which the member is appointed, and allow supervisors to appoint poll workers who are registered voters
of the state but not of the impacted county. (Section 3)
The bill requires the supervisor to use any method necessary to inform affected voters of changes to elections
made under the emergency powers granted in the bill. (Section 3)
The bill modifies the statewide election emergency contingency plan to specifically include procedures for
responding to emergencies generally, rather than just procedures addressing the suspension or delay of an
election. The bill reorganizes but maintains the provisions of current law related to election procedures after the
suspension, delay, or rescheduling of an election and adds the following requirements for the contingency plan:
Ensure that necessary parties are notified of any changes impacting an election that has been affected by an
emergency.
Ensure that an election that has been affected by an emergency is conducted in a safe and orderly manner.
Determine the safety of existing polling places or designated additional polling places in coordination with
the appropriate emergency management officials.
Release and certify returns to the division for elections affected by an emergency. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
Coordinate efforts between supervisors in affected and unaffected counties to ensure voting opportunities
for affected voters, including ensuring the delivery of VBM ballots to law enforcement officers, military
personnel, first responders, and utility line workers. (Section 4)
The bill also requires each supervisor to develop, in consultation with local emergency management officials, a
local election emergency contingency plan. The plan must be submitted to the division by May 1 of every odd-
numbered year and the division must determine whether each plan is sufficient by May 30. (Section 4)
The bill requires the Secretary of State, in coordination with the supervisors, to develop an election emergency
training program; the training must be updated at least once every four years. This training is required for newly
elected or appointed supervisors and any critical staff, as determined by the supervisor. Additionally, the bill
requires the Secretary of State to convene a workgroup to create a list of best practices for conducting an election
during an emergency by June 1 of every odd-numbered year. The workgroup must include at least 10 current
supervisors and, to aid in the development of the best practices, must participate in tabletop simulation exercises
1
involving election emergency scenarios. (Section 5)
Using the best practices developed by the workgroup, the Secretary of State must incorporate practices applicable
to all counties into the statewide election emergency contingency plan and recommend practices applicable to
specific counties to the appropriate supervisor for inclusion in the supervisor's local election emergency
contingency plan. (Section 5)
Effective Date
The bill will take effect upon becoming a law. (Section 17)
RULEMAKING:
The bill requires the Department of State to adopt rules to develop criteria to determine whether a local election
emergency contingency plan is sufficient. The bill also requires DEM to establish maximum rates for debris
removal contracts and authorizes the initial rules to be adopted by emergency rule.
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill will have indeterminate impacts on state expenditures to implement the provisions in the bill.
LOCAL GOVERNMENT:
The bill will have an indeterminate, likely insignificant fiscal impact on local government expenditures. The bill
requires emergency management training and increased transparency by local governments for emergency
response activities. It also directs DEM to establish maximum rates for debris removal services, which may lower
the costs paid by local governments for such services. For fiscally constrained counties, the bill requires DEM and
the Department of Transportation to assist with the removal of debris from roadways, including roadways that are
publicly accessible but not county maintained. The bill also requires each supervisor to develop a local election
emergency contingency plan.
PRIVATE SECTOR:
The bill may have a positive, yet indeterminate fiscal impact on private sector businesses that engage in
construction related services. The bill encourages streamlining of permitting, transparency, and access to permit
locations post-storm, and prohibits certain local government development restrictions.
1
This bill defines "tabletop exercise" as “a session in which participants are guided through possible scenarios and discuss
their roles and responsibilities if such a scenario occurs, as well as how they would respond to such a scenario.” JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Emergency Management
The State Emergency Management Act (act) governs emergency management and establishes the legal framework
for the state’s emergency management activities. The act confers upon the Governor, the Division of Emergency
Management (DEM), and the governing body of each county and municipality certain emergency powers in the
event of emergencies and disasters resulting from natural, technological, or human causes to ensure preparations
of the state will be adequate to deal with, reduce vulnerability to, and recover from such emergencies and
disasters; to provide for the common defense and to protect the public peace, health, and safety; and to preserve
the lives and property of the people of the state.
2
The act authorizes the Governor to assume or delegate direct operational control over all or any part of emergency
management functions in the event of an emergency.
3 This authority includes issuing executive orders,
proclamations, and rules that have the force and effect of law.
4 The act specifically authorizes the Governor to use
all resources of state government and each political subdivision of the state as reasonably necessary to cope with
the emergency.
5 In addition, the act authorizes the Governor to:
Suspend the provisions of any regulatory statute prescribing the procedures for the conduct of state
business or the orders or rules of any state agency, if strict compliance would in any way prevent, hinder,
or delay necessary action in coping with the emergency.
Transfer the direction, personnel, or functions of state departments and agencies or units thereof to
perform or facilitate emergency services.
Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and
combustibles; however, the Governor may not seize, take, or confiscate firearms that are lawfully
possessed, unless a person is engaged in the commission of a criminal act.
Make provision for the availability and use of temporary emergency housing.
Take effective measures for limiting or suspending lighting devices and appliances, gas and water mains,
electric power distribution, and all other utility services in the general public interest.
Take measures concerning the conduct of civilians, the movement and cessation of movement of
pedestrian and vehicular traffic at certain times, the calling of public meetings and gatherings, and the
evacuation and reception of the civilian population, as provided in the emergency management plan of the
state and counties and municipalities.
Authorize businesses and their employees who sell commodities to exceed the times of curfews for
ensuring that the supply of commodities is made available to the public and direct local law enforcement to
assist and accommodate those businesses and their employees in ensuring that commodities are available
in coping with the emergency.
6
The Governor must delegate emergency responsibilities to officers and agencies of the state and to counties and
municipalities prior to an emergency or threat of an emergency and must use the services and facilities of existing
officers and agencies of the state and of the political subdivisions thereof as the primary emergency management
forces of the state. All such officers and agencies must cooperate with and extend their services and facilities to
DEM, as it may require.
7
Division of Emergency Management
DEM is responsible for all professional, technical, and administrative support functions necessary to carry out its
responsibilities and emergency powers under the act. DEM must administer programs to rapidly apply all available
2
S. 252.32, F.S.
3
S. 252.36(1)(a), F.S.
4
S. 252.36(1)(b), F.S.
5
S. 252.36(6), F.S.
6
Id.
7
S. 252.36(9), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
aid to communities stricken by an emergency.
8 DEM must maintain the statewide comprehensive plan for
emergency management and coordinate efforts of the Federal Government with state and local government and
private agencies.
9 In addition, DEM is responsible for:
Adopting standards and requirements for county emergency management plans, assisting counties and
municipalities in preparing and maintaining the plans, and periodically reviewing the plans for consistency
with state standards.
Cooperating with the President, the heads of the Armed Forces, and various federal emergency
management agencies.
Implementing training programs to improve the ability of state and local emergency management
personnel to prepare and implement emergency management plans and programs. The training must
include a continuous training program for agencies and individuals that will be called on to perform key
roles in state and local postdisaster response and recovery efforts and for local government personnel on
federal and state postdisaster response and recovery strategies and procedures.
Prioritizing technical assistance and training to fiscally constrained counties on aspects of safety measures,
preparedness, prevention, response, recovery, and mitigation relating to natural disasters and
emergencies.
Planning for and either procuring supplies, medicines, materials, and equipment or entering into a
memorandum of agreement or open purchase orders to ensure the availability of such supplies.
Reporting biennially to the Governor and Legislature on the status of emergency management capabilities
of the state and its political subdivisions.
Creating, implementing, administering, adopting, amending, and rescinding rules, programs, and plans
needed to carry out emergency management.
Doing other things necessary, incidental, or appropriate for implementing emergency management.
10
Counties and Municipalities
Safeguarding the life and property of its citizens is an innate responsibility of the governing body of each county
and municipality of the state. Counties and municipalities have certain duties and responsibilities to provide
effective and orderly governmental control and coordination of emergency operations, including a requirement
that counties adopt an emergency management plan that is coordinated and consistent with the state’s
comprehensive emergency management plan and program.
11
Counties must establish a local emergency management agency that serves the entire county. The director of the
local emergency management agency must coordinate emergency management activities, services, and programs
within the county and must serve as liaison to DEM and other local emergency management agencies. Each local
emergency management agency must perform emergency management functions within the county in accordance
with state and county emergency management plans and pursuant to the act.
12
Counties and municipalities have the authority to declare a state of local emergency if an emergency affects only
one political subdivision, which triggers the ability to request state assistance or invoke emergency-related
mutual-aid assistance. The duration of a local state of emergency is seven days, but may be extended in seven-day
increments as necessary.
13
Counties and municipalities may make, amend, and rescind orders and rules as are necessary for emergency
management purposes that are not inconsistent with any orders or rules adopted by DEM or by any state agency
exercising a power delegated to it by the Governor or DEM.
14 All orders and rules adopted by any county or
municipality have the full force and effect of law when filed in the office of the clerk or recorder of the political
subdivision; however, any order or rule inconsistent with the act or the Florida Emergency Planning and
8
S. 252.35(2), F.S.
9
S. 252.35(1), F.S.
10
S. 253.35, F.S.
11
S. 253.38, F.S.
12
S. 253.38(1), F.S.
13
S. 252.38(3)(a)5, F.S.
14
S. 252.46(1), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
Community Right-to-Know Act will be suspended to the extent that such conflict exists.
15 Furthermore, any person
violating any rule or order issued pursuant to either act is guilty of a second-degree misdemeanor and may be
punished by a term of up to 60 days in jail and fines up to $500.
16
To carry out these emergency functions, counties and municipalities can receive advanced training for
comprehensive approaches to managing emergency and disaster incidents from DEM or from the Federal
Emergency Management Agency (FEMA). In addition, last year, the Legislature created minimum education,
experience, and training standards for all county emergency directors.
17 Specifically, by June 30, 2026, each county
emergency management director must meet the following minimum training and education qualifications:
Fifty hours of training in business or public administration, business or public management, or emergency
management or preparedness. A bachelor’s degree may be substituted for this training requirement.
Four years of verifiable experience in comprehensive emergency management services, including
improving preparedness for emergency and disaster protection, prevention, mitigation, response, and
recovery. This must include direct supervisory responsibility for at least one emergency or disaster.
18
Completion of 150 hours of comprehensive emergency management training provided through or
approved by FEMA or its successor, including completion of the specified National Incident Management
System (NIMS) courses.
19 All required training must be completed no earlier than 10 years preceding a
person’s appointment as a county director, regardless of whether it is an initial appointment or a
reappointment.
A valid driver license. If the license is not issued by Florida, the director must obtain a Florida driver license
within 30 days after being appointed as director.
20
Elections
The Division of Elections (division) within the Department of State (DOS) provides “administrative support to the
Secretary of State, Florida’s Chief Election Officer, to ensure that Florida has fair and accurate elections.” Through
its bureaus, it ensures compliance with the election laws, provides statewide coordination of election
administration, and promotes public participation in the electoral process. The division also provides support to
county supervisors of elections (supervisors) in their duties, including providing technical support.
21
Each supervisor is responsible for registering eligible voters and maintaining the voter rolls.
22 The supervisor is
also responsible for managing the logistics of general, primary, and special elections.
23 These duties include:
Providing recommendations to the board of county commissioners in drawing election precincts for the
county and transmitting information to the Department of State.
24
Ensuring the security and maintenance of voting equipment.
25
Publishing a sample ballot in a newspaper of general circulation.
26
Appointing poll workers to serve as clerks or inspectors for each precinct of the county.
27
15
S. 252.46(2), F.S.
16
S. 252.50, F.S.
17
CS/CS/HB 1567 (2024), which was codified in s. 252.38, F.S.
18
A master’s degree in one or more certain specified fields may be substituted for two years of the required experience, but
not for the required supervisory experience. Alternatively, a valid accreditation as a Certified Master Exercise Practitioner by
FEMA, a Certified Emergency Manager, or a Florida Professional Emergency Manager may substitute for the required
experience but the accreditation must be kept in good standing until the actual time and experience requirements may be
satisfied.
19
The Emergency Management Institute, run by FEMA, is the primary center for developing and delivering emergency
management training nationally, emphasizing programs such as NIMS. NIMS is intended to apply across all jurisdictional levels
and functional disciplines for the management of all potential incidents, hazards, and impacts regardless of size, location, or
complexity.
20
s. 252.38, F.S.
21
Florida Department of State, About Us, available at https://dos.fl.gov/elections/about-us/ (last visited Mar. 3, 2025).
22
S. 98.015, F.S.
23
See generally Chapter 102, F.S.
24
S. 101.001, F.S.
25
Ss. 101.015 and 101.5612, F.S.
26
S. 101.20, F.S.
27
S. 102.012(1)(a), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
8
Conducting training for inspectors, clerks, and deputy sheriffs in their duties and responsibilities as
election officials.
28
Informing the clerk of each polling location about the area in which soliciting is unlawful.
29
Creating the form for tabulation of votes and proclamation of results.
30
Serving as a member of the county canvassing board.
31
Presenting the certification of election to the winning candidate.
32
On the local level, among other elections-related duties, supervisors (and municipal clerks) are authorized to
request that the Governor suspend or delay an election. The supervisor or municipal clerk should communicate
with their county emergency management agency the need to suspend or delay an election in order to expedite a
decision request to the Governor to suspend or delay.
33
The Elections Emergency Act
Primary and general elections occur in August and November of every even-numbered year, respectively. The
peak of the Atlantic hurricane season is mid-August to mid-October.
34 As Florida is particularly vulnerable
to hurricanes given its location, it is certain that these two events — elections and hurricanes coincide.
Such confluence has occurred twice in recent history: in 2018, Hurricane Michael made landfall less than a
month before the scheduled general election, while in 2022, Hurricane Ian made landfall a little more than a
month before the election. The COVID-19 pandemic presented an emergency of an entirely different kind, but
one that also affected imminent elections.
In 1992, Florida voters approved Amendment 2 to the Florida Constitution that specifically allows a general
election
35 to be suspended or delayed due to a state of emergency or impending emergency.
36 The amendment
requires any such suspension or delay to be conducted pursuant to general law. The Florida Legislature
implemented the amendment by creating the Elections Emergency Act (EEA), which sets forth the parameters for
when and how an election may be suspended or delayed. The EEA permits the Governor, upon issuance of an
executive order declaring a state of emergency, to suspend or delay an election. Such an election must then be
rescheduled within either 10 days of the original date of the election or as soon as practicable. Notice of the
election must be provided to the public on certain websites or through newspaper publication or public service
announcements.
37
DOS must, under the EEA, promulgate an Elections Emergency Contingency Plan (Plan) to prescribe procedures to
state and local officials when an election has been suspended or delayed due to an emergency.
38 The Plan provides
direction to such officials in certain critical areas, such as:
Conduct of rescheduled election: Requires supervisors to report certain information to DOS to facilitate
assistance and coordination.
Polling places and early voting sites: Requires supervisors to determine if existing polling places and
early voting sites can be used, as well as the need and availability for alternates.
28
S. 102.014(1), F.S.
29
S. 102.031(4)(c), F.S. “Soliciting” includes, but is not limited to, seeking votes, facts, opinions, or contributions; distributing
political or campaign materials, leaflets, and handouts; conducting an unauthorized poll; seeking signatures on a petition; and
selling any item. S. 102.031(4)(b), F.S.
30
S. 102.071, F.S.
31
S. 102.141, F.S.
32
S. 102.155, F.S.
33
Rule 1S-9.004, F.A.C.
34
National Hurricane Center, Tropical Cyclone Climatology, available at https://www.nhc.noaa.gov/climo/ (last visited Feb. 25,
2025).
35
“General election” means an election held on the first Tuesday after the first Monday in November in the even-numbered
years, for the purpose of filling national, state, county, and district offices and for voting on constitutional amendments not
otherwise provided for by law. S. 97.021(17), F.S.
36
Article VI, s. 5(a), FLA. CONST.
37
S. 101.733, F.S.
38
S. 101.733(3), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
9
Poll workers: Allows supervisors to appoint and train any registered Florida voter as a poll worker,
as opposed to current law that requires the poll worker to be a resident of the county he or she is serving.
Vote-by-mail (VBM) ballots:
o Allows supervisors to establish temporary VBM sites in the affected areas or any place in the
county or city and requires such sites to be publicized through public service announcements.
o Allows any registered voter who is a resident of the affected area or who is in the affected
area providing emergency assistance to request and obtain a VBM ballot on Election Day
without having to execute an Election Day VBM Ballot Delivery Affidavit.
o Allows VBM ballots to be faxed or emailed to those from other jurisdictions providing
emergency assistance on Election Day; however, such VBM ballots may only be returned by fax.
39
Current law also allows supervisors to temporarily change polling places
40,41 if an emergency occurs in any
precinct during an election. For example, a supervisor may utilize this provision if a fire or flood occurs in a
precinct.
Hurricanes Michael and Ian
When Hurricanes Michael and Ian hit the state, elections were already underway. In both of these instances,
no elections were suspended or delayed pursuant to the EEA. Rather, through executive order, certain
provisions of the Florida Election Code were suspended and then supplemented with provisions
modifying election procedures.
COVID-19 Public Health Emergency
On March 9, 2020, the Governor issued an executive order declaring that a state of emergency existed
regarding COVID-19 and issued multiple related orders throughout the weeks that followed. Municipal
elections were scheduled to occur on April 14, 2020, in certain cities in Pasco County. Invoking the
emergency powers and the EEA, Governor DeSantis issued Executive Order 20-97, which delayed those municipal
elections.
42 Subsequently, he issued Executive Order 20-124, which rescheduled the elections for June 30, 2020.
43
Additionally, on June 17, 2020, another executive order was issued to address a different election component:
canvassing VBM ballots. Due to an anticipation of increased VBM participation, Executive Order 20-149 authorized
county canvassing boards to begin canvassing VBM ballots earlier, by waiving current law prohibiting canvassing
VBM ballots before 7 a.m. on the 22nd day before the election, and allowing such canvassing to begin upon
completion of the public testing of tabulation machines—which may occur as early as 40 days before an
election.
44,45 Further, Executive Order 20-149 also acted similar to actions taken under the Hurricane Ian Executive
Order two years later—concerning poll workers, suspending an administrative rule to authorize administrative
leave for state employees to serve as poll workers in their respective county, as well as created conditions for such
administrative leave. The executive order also addressed polling locations, encouraging all K-12 schools to be used
as precinct polling locations for both the Primary Election Day and the General Election Day.
46
National Flood Insurance Program
As most property insurance policies do not cover flooding damage, there still needs to be a way for people to
protect their homes, businesses, and possessions. To fill this gap, the National Flood Insurance Program (NFIP) is a
FEMA managed program where property owners and renters in participating communities purchase insurance
against flood losses in exchange for those communities adopting and enforcing regulations to reduce flood
39
Chapter 1S-9, F.A.C.
40
S. 101.733(3)(b), F.S.
41
“Polling place” is the building which contains the polling room where ballots are casts. S. 97.021(29), F.S.
42
Fla. Exec. Order No. 20-97 (Apr. 8, 2020).
43
Fla. Exec. Order No. 20-124 (May 15, 2020).
44
N.B. The Legislature changed the law in 2021 to allow for VBM ballots to be canvassed as early as 40 days before an election.
See CS/CS/CS/SB 90 (2021).
45
Fla. Exec. Order No. 20-149 (Jun. 17, 2020).
46
Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
10
damage.
47 When the NFIP is looking to estimate repair costs for a damaged facility, it compares the cost of the
repair to the facility’s estimated market value before the damage occurred.
There are two assessments made by local governments for the NIFP’s determination:
Substantial Damage: “Means damage of any origin sustained by a structure whereby the cost of restoring
the structure to its before damaged condition would equal or exceed [50] percent of the market value of
the structure before the damage occurred.”
Substantial Improvement: “Means any reconstruction, rehabilitation, addition, or other improvement of a
structure, the cost of which equals or exceeds [50] percent of the market value of the structure before the
“start of construction’’ of the improvement. This term includes structures that have incurred ‘substantial
damage,’ regardless of the actual repair work performed. The term does not, however, include either:
o Any project for improvement of a structure to correct existing violations of [s]tate or local health,
sanitary, or safety code specifications that have been identified by the local code enforcement
official and that are the minimum necessary to assure safe living conditions or
o Any alteration of a ‘historic structure,’ provided that the alteration will not preclude the structure’s
continued designation as a ‘historic structure.’”
48
To make the 50 percent determination, the local government compares the cost to improve or repair to the market
value of the building (excluding land, accessory structures, and landscaping).
49 If the resulting ratio equals or
exceeds 50 percent, the existing building must be brought into compliance with current local floodplain
management standards, state standards, and NFIP requirements for new construction (New Standards).
50
51
In addition to estimated market value, local governments can enact their own substantial improvement periods
(also known as “look back periods”), which are set periods of time where they “look back” at the amount of
permitted improvements and work on a facility when calculating its estimated market value for the 50 percent
threshold discussed above.
52 If repairs or permitted work is done during a “look back period,” then the cost of that
work decreases the amount of money needed to reach the 50 percent rule. For example, if a home is valued at
$200,000 with no permitted work, its repair costs for the NFIP would have to exceed $100,000 in order to be
forced to be brought up to these New Standards. On the other hand, if it was in a city with a “look back period” and
the homeowners had $25,000 worth of permitted work during that “look back period,” the homeowners would
only have had to spend $75,000 to trigger the 50 percent rule.
47
FEMA and NFIP, National Flood Insurance Program Media Toolkit, available at
https://agents.floodsmart.gov/sites/default/files/fema-nfip-media-toolkit-10-2024.pdf (last visited Feb. 28, 2025).
48
FEMA, Substantial Improvement/Substantial Damage Desk Reference at Appendix D (May 2010), available at
https://www.fema.gov/sites/default/files/documents/fema_nfip_substantial-improvement-substantial-damage-desk-
reference.pdf (last visited Feb. 25, 2025).
49
Id.
50
See FEMA, Substantial Damage Quick Guide (Jan. 21, 2025), available at https://www.fema.gov/fact-sheet/substantial-
damage-quick-
guide#:~:text=If%20the%20repairs%20needed%20to,considered%20to%20be%20Substantially%20Damaged (last visited
Feb. 25, 2025) and FEMA, Substantial Improvement/Substantial Damage Desk Reference at 6-3 (May 2010), available at
https://www.fema.gov/sites/default/files/documents/fema_nfip_substantial-improvement-substantial-damage-desk-
reference.pdf (last visited Feb. 25, 2025).
51
FEMA, Substantial Improvement/Substantial Damage Desk Reference at Appendix D (May 2010), available at
https://www.fema.gov/sites/default/files/documents/fema_nfip_substantial-improvement-substantial-damage-desk-
reference.pdf (last visited Feb. 25, 2025).
52
These “look back periods” are set by each local jurisdiction and can range in time. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
11
Finally, these determinations are memorialized in substantial damage and substantial improvement letters written
by the accessing local government and may be needed for claims under NFIP.
53
Hoisting Equipment and Crane Safety
Presently, the state preempts any local law or regulation, including, but not limited to, a local building code or
building permit requirement that pertains to hoisting equipment, including power-operated cranes, derricks,
hoists, elevators, and conveyors used in construction, demolition, or excavation work that the Occupational Safety
and Health Administration does not already preempt under 29 C.F.R. parts 1910 and 1926. This includes, but is not
limited to, local worksite regulation regarding hurricane preparedness or public safety.
54,55
Impact Fees
Local governments impose impact fees to fund infrastructure
56 needed to expand local services to meet the
demands of population growth caused by new growth.
57 Impact fees must meet the following minimum criteria
when adopted:
The fee must be calculated using the most recent and localized data.
58
The local government adopting the impact fee must account for and report impact fee collections and
expenditures. If the fee is imposed for a specific infrastructure need, the local government must account for
those revenues and expenditures in a separate accounting fund.
59
Charges imposed for the collection of impact fees must be limited to the actual costs.
60
All local governments must give notice of a new or increased impact fee at least 90 days before the new or
increased fee takes effect, but need not wait 90 days before decreasing, suspending, or eliminating an
impact fee. Unless the result reduces total mitigation costs or impact fees on an applicant, new or increased
impact fees may not apply to current or pending applications submitted before the effective date of an
ordinance or resolution imposing a new or increased impact fee.
61
A local government may not require payment of the impact fee before the date of issuing a building permit
for the property that is subject to the fee.
62
The impact fee must be reasonably connected to, or have a rational nexus with, the need for additional
capital facilities and the increased impact generated by the new residential or commercial construction.
63
The impact fee must be reasonably connected to, or have a rational nexus with, the expenditures of the
revenues generated and the benefits accruing to the new residential or commercial construction.
64
The local government must specifically earmark revenues generated by the impact fee to acquire,
construct, or improve capital facilities to benefit new users.
65
The local government may not use revenues generated by the impact fee to pay existing debt or for
previously approved projects unless the expenditure is reasonably connected to, or has a rational nexus
with, the increased impact generated by the new residential or commercial construction.
66
53
Substantial Improvement/Substantial Damage Desk Reference at 5-16 (May 2010), available at
https://www.fema.gov/sites/default/files/documents/fema_nfip_substantial-improvement-substantial-damage-desk-
reference.pdf (last visited Feb. 25, 2025).
54
This subsection does not apply to the regulation of elevators under Chapter 399, F.S. (Elevator Safety) or to airspace height
restrictions in Chapter 333, F.S. (Airport Zoning) See s. 489.113(11), F.S.
55
S. 489.113(11), F.S.
56
“Infrastructure” means the fixed capital expenditure or outlay for the construction, reconstruction, or improvement of
public facilities with a life expectancy of five or more years, together with specific other costs required to bring the public
facility into service but excluding the costs of repairs or maintenance. The term also includes specific equipment.
S. 163.31801(3), F.S.
57
S. 163.31801(2), F.S. Water and sewer connection fees are not impact fees. S. 163.31801(12), F.S.
58
S. 163.31801(4)(a), F.S.
59
S. 163.31801(4)(b), F.S.
60
S. 163.31801(4)(c), F.S.
61
S. 163.31801(4)(d), F.S.
62
S. 163.31801(4)(e), F.S.
63
S. 163.31801(4)(f), F.S.
64
S. 163.31801(4)(g), F.S.
65
S. 163.31801(4)(h), F.S.
66
S. 163.31801(4)(i), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
12
The types of impact fees charged and the timing of their collection after issuing a building permit are within the
discretion of the local government or special district authorities choosing to impose the fees.
67 In general, a
building permit must be obtained before the construction, erection, modification, repair, or demolition of any
building.
68 A development permit pertains to any building permit, zoning permit, subdivision approval, rezoning,
certification, special exception, variance, or any other official action of local government having the effect of
permitting the development of land.
69 Local governments providing an exception or waiver of impact fees for the
development or construction of affordable housing are not required to use any revenues to offset the impact of
such development.
70
Local governments must credit against impact fee collections any contribution related to public facilities or
infrastructure on a dollar-for-dollar basis at fair market value for the general category or class of public facilities
or infrastructure for which the contribution was made. If no impact fee is collected for that category of public
facility or infrastructure for which the contribution is made, no credit may be applied.
71 Credits for impact fees
may be assigned or transferred at any time once established, from one development or parcel to another within
the same impact fee zone or district or within an adjoining impact fee zone or district within the same local
government jurisdiction.
72
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2024 CS/CS/HB 1567 Grant Collins This bill became a law on July
1, 2024.
2023 CS/CS/SB 250 Giallombardo Martin This bill became a law on July
1, 2023.
OTHER RESOURCES:
Federal Emergency Management Agency’s Substantial Improvement/Substantial Damage Desk Reference
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Natural Resources & Disasters
Subcommittee
Moore Moore
Transportation & Economic
Development Budget
Subcommittee
State Affairs Committee
67
See s. 163.31801(2), F.S.
68
S. 553.79(1)(a), F.S.
69
S. 163.3164(16), F.S.
70
S. 163.31801(11), F.S.
71
S. 163.31801(5), F.S.
72
S. 163.31801(10), F.S. In an action challenging an impact fee or a failure to provide proper credits, the local government has
the burden of proof to establish the imposition of the fee or the credit complies with the statute, and the court may not defer to
the decision or expertise of the government. S. 163.31801(9), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
13