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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 certain determination by a 19
specified date; requiring the division to adopt rules; 20
creating s. 101.736, F.S.; defining the t erm "tabletop 21
exercise"; requiring the Secretary of State, in 22
coordination with supervisors of elections, to develop 23
an election emergency training program; requiring the 24
Secretary of State to convene a workgroup for a 25
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certain purpose by a specified date o f every odd-26
numbered year; providing requirements for the 27
workgroup; requiring the results of the workgroup to 28
be used in a specified manner; creating s. 163.31795, 29
F.S.; defining the terms "cumulative substantial 30
improvement period" and "local government" ; requiring 31
local governments that are participating in a 32
specified insurance program to adopt certain 33
cumulative substantial improvement periods; amending 34
s. 163.31801, F.S.; prohibiting certain entities from 35
assessing impact fees for specified replacemen t 36
structures; providing an exception; amending s. 37
193.155, F.S.; providing that repair and maintenance 38
of specified property is not a change, an addition, or 39
an improvement under certain circumstances; revising 40
the square footage limitations for certain ch anges, 41
additions, and improvements to damaged property; 42
amending s. 215.559, F.S.; removing a reference to a 43
certain report; revising public hurricane shelter 44
funding prioritization requirements for the Division 45
of Emergency Management; amending s. 250.375 , F.S.; 46
authorizing certain servicemembers to provide medical 47
care in specified circumstances; amending s. 252.35, 48
F.S.; revising requirements for the state 49
comprehensive emergency management plan; requiring 50
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such plan to include an update on the status of 51
certain emergency management capabilities; requiring 52
the division to collaborate with the Department of 53
Health; revising responsibilities of the division; 54
requiring the division to develop a certain template; 55
revising items required to be included in a spe cified 56
inventory; removing a specified reporting requirement; 57
amending s. 252.355, F.S.; authorizing the Department 58
of Veterans' Affairs to provide certain information to 59
specified clients or their caregivers; amending s. 60
252.3611, F.S.; directing specifie d entities to submit 61
specified contracts and reports to the Legislature 62
under specified conditions; requiring that such 63
contracts be posted on a specified secure contract 64
system; requiring the division to report annually to 65
the Legislature specified inform ation on expenditures 66
relating to emergencies; providing requirements for 67
such report; amending s. 252.365, F.S.; requiring 68
agency heads to notify the Governor and the division 69
of the person designated as the emergency coordination 70
officer annually by a sp ecified date; amending s. 71
252.37, F.S.; requiring the division to notify the 72
Legislature of its intent to accept or apply for 73
federal funds under certain circumstances; requiring 74
the division to take steps to maximize the 75
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availability and expedite the dist ribution of 76
financial assistance from the Federal Government to 77
state and local agencies; requiring that such steps 78
include the standardization and streamlining of the 79
application process for federal financial assistance 80
and the provision of assistance to applicants for a 81
specified purpose; requiring the division to use 82
certain federal funds to implement such requirements; 83
creating s. 252.3713, F.S.; requiring the division to 84
administer the Hazard Mitigation Grant Program; 85
authorizing the division to retain a specified 86
percentage of the funds for use within this state; 87
requiring that the remaining percentage be distributed 88
for use by certain recipients; authorizing 89
subrecipients to make a certain election for a 90
specified use; requiring the prioritization of certain 91
projects; authorizing the division to coordinate with 92
specified entities under certain circumstances; 93
requiring the division to ensure that certain 94
requirements are met and certain projects are funded; 95
authorizing fiscally constrained counties to r equest 96
that the division administer the grant for such a 97
county; authorizing such counties to request certain 98
assistance from the division; requiring the division 99
to adopt rules; amending s. 252.373, F.S.; conforming 100
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a cross-reference; amending s. 252.38, F.S.; requiring 101
political subdivisions to annually provide specified 102
notification to the division before a specified date; 103
creating s. 252.381, F.S.; requiring counties and 104
municipalities to post certain information on their 105
websites; requiring counties an d municipalities to 106
develop a poststorm permitting plan; providing 107
requirements for such plan; requiring counties and 108
municipalities to publish on their websites a 109
specified storm recovery guide and updates to such 110
guide; prohibiting certain counties and m unicipalities 111
from increasing building permit or inspection fees 112
within a specified timeframe; requiring certain 113
counties and municipalities to use their best efforts 114
to open a permitting office for a minimum number of 115
hours per week; requiring entities al low individuals 116
to receive specified letters electronically; requiring 117
specified individuals to complete certain training 118
every 2 years beginning on a specified date; amending 119
s. 252.385, F.S.; revising reporting requirements for 120
the division; revising req uirements for a specified 121
list; requiring the Department of Health and the 122
Agency for Persons with Disabilities to assist the 123
division with certain determinations; creating s. 124
252.421, F.S.; requiring the division to coordinate 125
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with certain counties for a specified purpose; 126
creating s. 252.422, F.S.; defining the term "impacted 127
local government"; prohibiting impacted local 128
governments from proposing or adopting certain 129
moratoriums, amendments, or procedures for a specified 130
timeframe; authorizing the enforce ment of certain 131
amendments, plans, permits, and orders under certain 132
circumstances; authorizing any person to file suit to 133
enforce specified provisions; authorizing counties and 134
municipalities to request a specified determination by 135
a court; prohibiting co unties and municipalities from 136
taking certain actions until the court has issued a 137
preliminary or final judgment; requiring plaintiffs to 138
provide certain notification before filing suit; 139
requiring impacted local governments to take certain 140
actions upon receipt of such notification or a suit 141
may be filed; providing for reasonable attorney fees 142
and costs; authorizing the use of a certain summary 143
procedure; requiring the court to advance the cause on 144
the calendar; creating s. 252.505, F.S.; requiring 145
certain contracts to include a specified provision; 146
defining the term "emergency recovery period"; 147
amending s. 400.063, F.S.; conforming a cross -148
reference; amending s. 403.7071, F.S.; providing that 149
local governments are authorized and encouraged to add 150
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certain addendums to certain contracts and agreements; 151
requiring counties and municipalities to apply to the 152
Department of Environmental Protection for 153
authorization to designate at least one debris 154
management site; authorizing municipalities to apply 155
jointly with a county or adjacent municipality for 156
authorization of a debris management site if such 157
entities approve a memorandum of understanding; 158
providing requirements for such memorandum; creating 159
s. 489.1132, F.S.; providing definitions; requiring a 160
hurricane preparedness plan to be available for 161
inspection at certain worksites; requiring certain 162
equipment to be secured in a specified manner no later 163
than 24 hours before the impacts of a hurricane are 164
anticipated to begin; providing penalties; requiring 165
the division to consult with specified entities to 166
develop certain recommendations and provide a report 167
to the Legislature by a specified date; prohibiting 168
certain counties from proposing or adopting certain 169
moratoriums, amendments, or procedures for a specified 170
timeframe; declaring that such moratoriums, 171
amendments, or procedures are null and void; providing 172
for retroactive application; authorizing the 173
enforcement of certain amendments, plans, permits, and 174
orders under certain circumstances; authorizing 175
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certain residents and business owners to bring a civil 176
action for declaratory and injunctive relief against a 177
county or municipality that violates specified 178
provisions; providing for reasonable attorney fees and 179
costs under specified circumstances; providing for 180
future expiration; providing a directive to the 181
Division of Law Revision; providing an effective date. 182
183
Be It Enacted by the Legislature of the State of Florida: 184
185
Section 1. Section 83.63, Florida Statutes, is amended to 186
read: 187
83.63 Casualty damage. —If the premises are damaged or 188
destroyed other than by the wrongful or negligent acts of the 189
tenant so that the enjoyment of the premises is substantially 190
impaired:, 191
(1) The tenant may terminate the rental agreement and 192
immediately vacate the premises. The tenant may vacate the part 193
of the premises rendered unusable by the casualty, in which case 194
the tenant's liability for rent shall be reduced by the fair 195
rental value of that part of the premises damaged or destroyed. 196
If the rental agreement is terminated, the landlord shall comply 197
with s. 83.49(3). 198
(2) The tenant must be given: 199
(a) The opportunity to collect his or her belongings from 200
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the premises when it is safe to do so; or 201
(b) Notice of the date by which the tenant will be able to 202
collect his or her belongings from the premises, which must 203
occur within a reasonable time. 204
Section 2. Subsection (3) of section 101.733, Florida 205
Statutes, is amended to read: 206
101.733 Emergency suspension or delay of an election 207
emergency; purpose; elections emergenc y contingency plan.—208
Because of the existing and continuing possibility of an 209
emergency or common disaster occurring before or during a 210
regularly scheduled or special election, and in order to ensure 211
maximum citizen participation in the electoral process an d 212
provide a safe and orderly procedure for persons seeking to 213
exercise their right to vote, generally to minimize to whatever 214
degree possible a person's exposure to danger during declared 215
states of emergency, and to protect the integrity of the 216
electoral process, it is hereby found and declared to be 217
necessary to designate a procedure for the emergency suspension 218
or delay and rescheduling of elections. 219
(3) The Division of Elections of the Department of State 220
shall adopt, by rule, an elections emergency co ntingency plan, 221
which shall contain goals and policies that give specific 222
direction to state and local elections officials when an 223
election has been suspended or delayed due to an emergency. The 224
contingency plan shall be statewide in scope and shall addres s, 225
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but not be limited to, the following concerns: 226
(a) Providing a procedure for state and local elections 227
officials to follow when an election has been suspended or 228
delayed to ensure notice of the suspension or delay to the 229
proper authorities, the electo rate, the communications media, 230
poll workers, and the custodians of polling places. 231
(b) Providing a procedure for the orderly conduct of a 232
rescheduled election, whether municipal, county, district, or 233
statewide in scope; coordinating those efforts with t he 234
appropriate elections official, and the members of the governing 235
body holding such election, if appropriate; and working with the 236
appropriate emergency management officials in determining the 237
safety of existing polling places or designating additional 238
polling places. 239
(c) Providing a procedure for the release and 240
certification of election returns to the department for 241
elections suspended or delayed and subsequently rescheduled 242
under the provisions of ss. 101.731 -101.74. 243
Section 3. Section 101.7325, Florida Statutes, is created 244
to read: 245
101.7325 Election emergency. — 246
(1) If the Governor declares a state of emergency for a 247
natural emergency, as defined in s. 252.34, fewer than 60 days 248
before an election, the supervisor of a county designated as 249
affected by such declaration may take any of the following 250
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actions necessary while the declaration continues to designate 251
the area as an affected area: 252
(a) Notwithstanding the designation deadline in s. 253
101.657(1)(b), change the location of designated early voting 254
sites. The supervisor must immediately notify the division of 255
the new address of each early voting site and the hours during 256
which early voting will occur at each site. 257
(b) Request approval from the Secretary of State to 258
designate early voting sit es at locations not specifically 259
authorized under s. 101.657(1). The request must set forth 260
sufficient facts to establish that a sufficient number of early 261
voting sites that were designated, or that may be designated 262
under paragraph (a), are unavailable du e to the emergency. For 263
purposes of this paragraph, reasons that early voting sites may 264
be unavailable include, but are not limited to, the site is no 265
longer safe for occupancy, the site is located in an area that 266
is currently dangerous to travel to and fr om, or the site does 267
not have adequate utilities. The Secretary of State must approve 268
or deny the request within 36 hours after receipt. An early 269
voting site designated under this paragraph must, to the maximum 270
extent practicable, be geographically located so as to provide 271
all voters in the area with an equal opportunity to cast a 272
ballot. 273
(c) Notwithstanding s. 101.657(1)(d), allow early voting 274
to occur the day before an election. 275
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(d) Notwithstanding ss. 101.657 and 101.71, request 276
approval from the Se cretary of State to allow election day 277
voting at early voting sites. The request must set forth 278
sufficient facts to establish that a sufficient number of early 279
voting sites that were designated, or that may be designated 280
under paragraph (a), are unavailabl e due to the emergency. For 281
purposes of this paragraph, reasons that a polling place may be 282
unavailable include, but are not limited to, the polling place 283
is no longer safe for occupancy, the polling place is located in 284
an area that is currently dangerous to travel to and from, or 285
the polling place does not have adequate utilities. The 286
Secretary of State must approve or deny the request within 36 287
hours after receipt. An early voting site designated as a 288
polling place under this paragraph must, to the maximu m extent 289
practicable, be geographically located so as to provide all 290
voters in the area with an equal opportunity to cast a ballot. 291
(e) Notwithstanding the designation deadline in s. 292
101.69(2)(b), designate additional secure ballot intake 293
stations. The supervisor must immediately notify the division of 294
the location of the additional secure ballot intake stations. 295
(f) Send a vote-by-mail ballot to a voter who has 296
requested such ballot: 297
1. By forwardable mail or to an address other than the 298
address listed for the voter in the statewide voter registration 299
system. 300
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2. Notwithstanding s. 101.62(1)(a) and (b), without the 301
voter's written request or if a written request is not signed. 302
3. Notwithstanding s. 101.62(3)(c), as soon as 303
practicable. 304
(g) If the supervisor determines that a poll worker 305
shortage exists, appoint poll workers who have not met the 306
training requirements in s. 102.014. However, such poll workers 307
must have received the required training within the previous 2 308
years. 309
(h) Notwithstanding s. 102.012(2), appoint inspectors and 310
clerks who are registered qualified electors of this state but 311
who are not registered qualified electors of the applicable 312
county. 313
(2) The supervisor shall use print and broadcast media, 314
social media, Internet websi tes, polling place signage, and any 315
other method necessary to inform affected voters of any changes 316
to elections made under this section. 317
Section 4. Section 101.735, Florida Statutes, is created 318
to read: 319
101.735 Election emergency contingency plans. — 320
(1) The division shall adopt by rule a statewide election 321
emergency contingency plan to provide specific direction in the 322
event an emergency occurs preceding or during an election. The 323
contingency plan shall include, at minimum, procedures to: 324
(a) Ensure that necessary parties are notified of any 325
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changes impacting an election that has been suspended, delayed, 326
rescheduled, or otherwise affected by an emergency. As used in 327
this paragraph, necessary parties include proper authorities, 328
the electorate, the media, poll workers, and polling place 329
custodians. 330
(b) Ensure that an election that has been suspended, 331
delayed, rescheduled, or otherwise affected by an emergency is 332
conducted in a safe and orderly manner. The procedures must 333
include a plan to coordinat e the actions of the division, 334
supervisors, county canvassing boards, and, if appropriate, 335
members of the governing body holding such election. 336
(c) Determine the safety of existing polling places or 337
designate additional polling places in coordination wit h the 338
appropriate emergency management officials. 339
(d) Release and certify returns to the division for 340
elections suspended, delayed, rescheduled, or otherwise affected 341
by an emergency. 342
(e) Coordinate efforts between supervisors in affected and 343
unaffected counties to ensure voting opportunities for affected 344
voters, including ensuring the delivery of vote -by-mail ballots 345
to law enforcement officers, military personnel, first 346
responders, and utility line workers. 347
(2) Each supervisor shall develop, in cons ultation with 348
local emergency management officials, a local election emergency 349
contingency plan. The contingency plan must be submitted to the 350
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division for approval by May 1 of every odd -numbered year. The 351
division must determine whether the local election emergency 352
contingency plan is sufficient no later than May 30. The 353
division shall adopt rules to implement this subsection, 354
including the creation of standard criteria for determining the 355
sufficiency of local election emergency contingency plans. 356
Section 5. Section 101.736, Florida Statutes, is created 357
to read: 358
101.736 Election emergency training; best practices. — 359
(1) As used in this section, the term "tabletop exercise" 360
means a session in which participants are guided through 361
possible scenarios an d discuss their roles and responsibilities 362
if such a scenario occurs, as well as how they would respond to 363
such a scenario. 364
(2) The Secretary of State, in coordination with 365
supervisors, shall develop an election emergency training 366
program. The training i s required for newly elected or appointed 367
supervisors and any critical staff, as determined by a 368
supervisor. The Secretary of State shall update such training at 369
least once every 4 years. 370
(3) By June 1 of every odd -numbered year, the Secretary of 371
State shall convene a workgroup to create a list of best 372
practices for conducting an election during an emergency. 373
(a) The workgroup must include at least 10 current 374
supervisors. 375
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(b) The workgroup must participate in tabletop exercises 376
involving election emergencies. 377
(4) Using the list created in subsection (3), the 378
Secretary of State must: 379
(a) Incorporate practices applicable to all counties into 380
the statewide election emergency contingency plan under s. 381
101.735(1). 382
(b) Recommend practices applicabl e to specific counties to 383
the applicable supervisor for inclusion in the supervisor's 384
local election emergency contingency plan under s. 101.735(2). 385
Section 6. Section 163.31795, Florida Statutes, is created 386
to read: 387
163.31795 Participation in the Na tional Flood Insurance 388
Program.— 389
(1) For purposes of this section, the term: 390
(a) "Cumulative substantial improvement period" means the 391
period during which an aggregate of improvements or repairs are 392
considered for purposes of determining substantial im provement 393
as defined in s. 161.54(12). 394
(b) "Local government" has the same meaning as in s. 395
163.2514. 396
(2) A local government that is participating in the 397
National Flood Insurance Program may not adopt a cumulative 398
substantial improvement period that is longer than 1 year. 399
Section 7. Subsection (14) is added to section 163.31801, 400
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Florida Statutes, to read: 401
163.31801 Impact fees; short title; intent; minimum 402
requirements; audits; challenges. — 403
(14) A local government, school district, or special 404
district may not assess an impact fee for the reconstruction or 405
replacement of a previously existing structure if the 406
replacement structure is of the same land use as the original 407
structure. However, a local government, school district, or 408
special district that uses a tiered scale to assess impact fees 409
may assess an impact fee equal to the impact fee for the 410
replacement structure less the impact fee for the original 411
structure. 412
Section 8. Paragraphs (a) and (b) of subsection (4) of 413
section 193.155, Florida Statutes, are amended to read: 414
193.155 Homestead assessments. —Homestead property shall be 415
assessed at just value as of January 1, 1994. Property receiving 416
the homestead exemption after January 1, 1994, shall be assessed 417
at just value as of January 1 of the year in which the property 418
receives the exemption unless the provisions of subsection (8) 419
apply. 420
(4)(a) Except as provided in paragraph (b) and s. 193.624, 421
changes, additions, or improvements to homestead property shall 422
be assessed at just value as o f the first January 1 after the 423
changes, additions, or improvements are substantially completed. 424
Maintenance or repair of the homestead property, including roof 425
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or window replacement, may not be considered to be a change, an 426
addition, or an improvement und er this subsection. 427
(b)1. Changes, additions, or improvements that replace all 428
or a portion of homestead property, including ancillary 429
improvements, damaged or destroyed by misfortune or calamity 430
shall be assessed upon substantial completion as provided in 431
this paragraph. Such assessment must be calculated using the 432
homestead property's assessed value as of the January 1 433
immediately before the date on which the damage or destruction 434
was sustained, subject to the assessment limitations in 435
subsections (1) and (2), when: 436
a. The square footage of the homestead property as changed 437
or improved does not exceed 130 110 percent of the square 438
footage of the homestead property before the damage or 439
destruction; or 440
b. The total square footage of the homestead prope rty as 441
changed or improved does not exceed 2,000 1,500 square feet. 442
2. The homestead property's assessed value must be 443
increased by the just value of that portion of the changed or 444
improved homestead property which is in excess of 130 110 445
percent of the square footage of the homestead property before 446
the damage or destruction or of that portion exceeding 2,000 447
1,500 square feet. 448
3. Homestead property damaged or destroyed by misfortune 449
or calamity which, after being changed or improved, has a square 450
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footage of less than 100 percent of the homestead property's 451
total square footage before the damage or destruction shall be 452
assessed pursuant to subsection (5). 453
4. Changes, additions, or improvements assessed pursuant 454
to this paragraph must be reassessed pur suant to subsection (1) 455
in subsequent years. This paragraph applies to changes, 456
additions, or improvements commenced within 5 years after the 457
January 1 following the damage or destruction of the homestead. 458
Section 9. Paragraph (b) of subsection (1) of section 459
215.559, Florida Statutes, is amended to read: 460
215.559 Hurricane Loss Mitigation Program. —A Hurricane 461
Loss Mitigation Program is established in the Division of 462
Emergency Management. 463
(1) The Legislature shall annually appropriate $10 million 464
of the moneys authorized for appropriation under s. 465
215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the 466
division for the purposes set forth in this section. Of the 467
amount: 468
(b) Three million dollars in funds shall be used to 469
construct or retrofi t facilities used as public hurricane 470
shelters. Each year the division shall prioritize the use of 471
these funds for projects included in the annual report of the 472
Shelter Development Report prepared in accordance with s. 473
252.385(3). The division shall must give funding priority to 474
projects located in counties regional planning council regions 475
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that have shelter deficits , projects that are publicly owned, 476
other than schools, and to projects that maximize the use of 477
state funds. 478
Section 10. Section 250.375 , Florida Statutes, is amended 479
to read: 480
250.375 Medical officer authorization. —A servicemember 481
trained to provide medical care who is assigned to a military 482
duty position and authorized by the Florida National Guard to 483
provide medical care by virtue of s uch duty position may provide 484
such medical care to military personnel and civilians within 485
this state physician who holds an active license to practice 486
medicine in any state, a United States territory, or the 487
District of Columbia, while serving as a medical officer with or 488
in support of the Florida National Guard, pursuant to federal or 489
state orders, may practice medicine on military personnel or 490
civilians during an emergency or declared disaster or during 491
federal military training . 492
Section 11. Paragraphs (y) through (dd) of subsection (2) 493
of section 252.35, Florida Statutes, are redesignated as 494
paragraphs (x) through (cc), respectively, and paragraphs (a), 495
(c), and (s) and present paragraph (x) of that subsection are 496
amended to read: 497
252.35 Emergency management powers; Division of Emergency 498
Management.— 499
(2) The division is responsible for carrying out the 500
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provisions of ss. 252.31 -252.90. In performing its duties, the 501
division shall: 502
(a) Prepare a state comprehensive emergency management 503
plan, which must shall be integrated into and coordinated with 504
the emergency management plans and programs of the Federal 505
Government. The division shall adopt the plan as a rule in 506
accordance with chapter 120. The plan must be implemented by a 507
continuous, integrated comprehensive emergency management 508
program. The plan must contain provisions to ensure that the 509
state is prepared for emergencies and minor, major, and 510
catastrophic disasters, and the division shall work closely with 511
local governments and agencies and organizations with emergency 512
management responsibilities in preparing and maintaining the 513
plan. The state comprehensive emergency management plan must be 514
operations oriented and: 515
1. Include an evacuation component that includes specific 516
regional and interregional planning provisions and promotes 517
intergovernmental coordination of evacuation activities. This 518
component must, at a minimum: contain guidelines for lifting 519
tolls on state highways; ensure coordination pertaining to 520
evacuees crossing county li nes; set forth procedures for 521
directing people caught on evacuation routes to safe shelter; 522
establish strategies for ensuring sufficient, reasonably priced 523
fueling locations along evacuation routes; and establish 524
policies and strategies for emergency medic al evacuations. 525
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2. Include a shelter component that includes specific 526
regional and interregional planning provisions and promotes 527
coordination of shelter activities between the public, private, 528
and nonprofit sectors. This component must, at a minimum: 529
contain strategies to ensure the availability of adequate public 530
shelter space in each county region of the state; establish 531
strategies for refuge -of-last-resort programs; provide 532
strategies to assist local emergency management efforts to 533
ensure that adequate staffing plans exist for all shelters, 534
including medical and security personnel; provide for a 535
postdisaster communications system for public shelters; 536
establish model shelter guidelines for operations, registration, 537
inventory, power generation capability , information management, 538
and staffing; and set forth policy guidance for sheltering 539
people with special needs. 540
3. Include a postdisaster response and recovery component 541
that includes specific regional and interregional planning 542
provisions and promotes i ntergovernmental coordination of 543
postdisaster response and recovery activities. This component 544
must provide for postdisaster response and recovery strategies 545
according to whether a disaster is minor, major, or 546
catastrophic. The postdisaster response and re covery component 547
must, at a minimum: establish the structure of the state's 548
postdisaster response and recovery organization; establish 549
procedures for activating the state's plan; set forth policies 550
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used to guide postdisaster response and recovery activitie s; 551
describe the chain of command during the postdisaster response 552
and recovery period; describe initial and continuous 553
postdisaster response and recovery actions; identify the roles 554
and responsibilities of each involved agency and organization; 555
provide for a comprehensive communications plan; establish 556
procedures for monitoring mutual aid agreements; provide for 557
rapid impact assessment teams; ensure the availability of an 558
effective statewide urban search and rescue program coordinated 559
with the fire services ; ensure the existence of a comprehensive 560
statewide medical care and relief plan administered by the 561
Department of Health; and establish systems for coordinating 562
volunteers and accepting and distributing donated funds and 563
goods. 564
4. Include additional pro visions addressing aspects of 565
preparedness, response, recovery, and mitigation as determined 566
necessary by the division. 567
5. Address the need for coordinated and expeditious 568
deployment of state resources, including the Florida National 569
Guard. In the case o f an imminent major disaster, procedures 570
should address predeployment of the Florida National Guard, and, 571
in the case of an imminent catastrophic disaster, procedures 572
should address predeployment of the Florida National Guard and 573
the United States Armed Fo rces. 574
6. Establish a system of communications and warning to 575
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ensure that the state's population and emergency management 576
agencies are warned of developing emergency situations, 577
including public health emergencies, and can communicate 578
emergency response d ecisions. 579
7. Establish guidelines and schedules for annual exercises 580
that evaluate the ability of the state and its political 581
subdivisions to respond to minor, major, and catastrophic 582
disasters and support local emergency management agencies. Such 583
exercises shall be coordinated with local governments and, to 584
the extent possible, the Federal Government. 585
8. Assign lead and support responsibilities to state 586
agencies and personnel for emergency support functions and other 587
support activities. 588
9. Include the public health emergency plan developed by 589
the Department of Health pursuant to s. 381.00315. 590
10. Include an update on the status of the emergency 591
management capabilities of the state and its political 592
subdivisions. The update must include the emergency management 593
capabilities related to public health emergencies, as determined 594
in collaboration with the Department of Health. 595
596
The complete state comprehensive emergency management plan must 597
be submitted to the President of the Senate, the Speaker of the 598
House of Representatives, and the Governor on February 1 of 599
every even-numbered year. 600
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(c) Assist political subdivisions in preparing and 601
maintaining emergency management plans. Such assistance must 602
include the development of a template for comprehensive 603
emergency management plans, including plans for natural 604
disasters, and guidance on the development of mutual aid 605
agreements. 606
(s) Complete an inventory of disaster response equipment, 607
including portable generators owned by the state and local 608
governments which are capable of operating during a major 609
disaster. The inventory must identify, at a minimum, the 610
location of each generator, the number of generators stored at 611
each specific location, the agency to which each generator 612
belongs, the primary use of the g enerator by the owner agency, 613
and the names, addresses, and telephone numbers of persons 614
having the authority to loan the stored generators as authorized 615
by the division during a declared emergency. 616
(x) Report biennially to the President of the Senate, t he 617
Speaker of the House of Representatives, the Chief Justice of 618
the Supreme Court, and the Governor, no later than February 1 of 619
every odd-numbered year, the status of the emergency management 620
capabilities of the state and its political subdivisions. This 621
report must include the emergency management capabilities 622
related to public health emergencies, as determined in 623
collaboration with the Department of Health. 624
Section 12. Paragraph (b) of subsection (2) of section 625
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252.355, Florida Statutes, is amended to read: 626
252.355 Registry of persons with special needs; notice; 627
registration program. — 628
(2) In order to ensure that all persons with special needs 629
may register, the division shall develop and maintain a special 630
needs shelter registration program. Durin g a public health 631
emergency in which physical distancing is necessary, as 632
determined by the State Health Officer, the division must 633
maintain information on special needs shelter options that 634
mitigate the threat of the spread of infectious diseases. 635
(b) To assist in identifying persons with special needs, 636
home health agencies, hospices, nurse registries, home medical 637
equipment providers, the Department of Veterans' Affairs, the 638
Department of Children and Families, the Department of Health, 639
the Agency for Health Care Administration, the Department of 640
Education, the Agency for Persons with Disabilities, the 641
Department of Elderly Affairs, and memory disorder clinics 642
shall, and any physician licensed under chapter 458 or chapter 643
459 and any pharmacy licensed un der chapter 465 may, annually 644
provide registration information to all of their special needs 645
clients or their caregivers. The division shall develop a 646
brochure that provides information regarding special needs 647
shelter registration procedures. The brochure must be easily 648
accessible on the division's website. All appropriate agencies 649
and community-based service providers, including aging and 650
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disability resource centers, memory disorder clinics, home 651
health care providers, hospices, nurse registries, and home 652
medical equipment providers, shall, and any physician licensed 653
under chapter 458 or chapter 459 may, assist emergency 654
management agencies by annually registering persons with special 655
needs for special needs shelters, collecting registration 656
information for persons with special needs as part of the 657
program intake process, and establishing programs to educate 658
clients about the registration process and disaster preparedness 659
safety procedures. A client of a state -funded or federally 660
funded service program who h as a physical, mental, or cognitive 661
impairment or sensory disability and who needs assistance in 662
evacuating, or when in a shelter, must register as a person with 663
special needs. The registration program shall give persons with 664
special needs the option of pr eauthorizing emergency response 665
personnel to enter their homes during search and rescue 666
operations if necessary to ensure their safety and welfare 667
following disasters. 668
Section 13. Subsection (2) of section 252.3611, Florida 669
Statutes, is amended, and su bsection (5) is added to that 670
section, to read: 671
252.3611 Transparency; audits. — 672
(2) If When the duration of a declaration of a state of an 673
emergency issued by the Governor exceeds 90 days: 674
(a)1. The Executive Office of the Governor or the 675
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appropriate agency, within 72 hours after of executing a 676
contract executed with moneys authorized for expenditure to 677
support the response to the declared state of emergency, must 678
the Executive Office of the Governor or the appropriate agency 679
shall submit a copy of such contract to the Legislature. For 680
contracts executed during the first 90 days of the declared 681
state of emergency, the Executive Office of the Governor or the 682
appropriate agency shall submit a copy to the Legislature within 683
the first 120 days of the decla red state of emergency. 684
2. All contracts executed to support the response to a 685
declared state of emergency, including contracts executed before 686
a declared state of emergency to secure resources or services in 687
advance or anticipation of an emergency, must be posted on the 688
secure contract tracking system required under s. 215.985(14). 689
(b) The Executive Office of the Governor or the 690
appropriate agency shall submit monthly reports to the 691
Legislature of all state expenditures, revenues received, and 692
funds transferred by an agency during the previous month to 693
support the declared state of emergency. 694
(5) Annually, by January 15, the division shall report to 695
the President of the Senate, the Speaker of the House of 696
Representatives, and the chairs of the appropriations committee 697
of each house of the Legislature on expenditures related to 698
emergencies incurred over the year from November 1 of the 699
previous year. The report must include: 700
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(a) A separate summary of each emergency event, whether 701
complete or ongoing, and key actions taken by the division. 702
(b) Details of expenditures, separated by emergency event 703
and agency, for preparing for, responding to, or recovering from 704
the event. The report must specify detailed expenditures for the 705
entire report time period; specify total expenditures for the 706
event; and indicate amounts that are being or are anticipated to 707
be reimbursed by the Federal Emergency Management Agency or 708
other federal entity, amounts ineligible for reimbursement, and 709
any amounts deobligated by the Federal Emergency Management 710
Agency or other federal entity for reimbursement. The division 711
shall review expenditures by state agencies to ensure that 712
efforts, purchases, contracts, or expenditures are not 713
duplicated. 714
(c) An accounting of all inv entory and assets purchased, 715
separated by emergency event and agency, for preparing for, 716
responding to, or recovering from the event, including motor 717
vehicles, boats, computers, and other equipment, and the current 718
status of such assets, including divestme nt, sale, or donation 719
by the state. The report must include a detailed accounting for 720
the entire report time period and specify a total for the event. 721
Section 14. Subsection (4) of section 252.365, Florida 722
Statutes, is amended to read: 723
252.365 Emergency coordination officers; disaster -724
preparedness plans.— 725
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(4) On or before May 1 of each year, the head of each 726
agency shall notify the Governor and the division in writing of 727
the person initially designated as the emergency coordination 728
officer for such agency and her or his alternate and of any 729
changes in persons so designated thereafter. 730
Section 15. Present paragraphs (c) and (d) of subsection 731
(5) of section 252.37, Florida Statutes, are redesignated as 732
paragraphs (d) and (e), respectively, a new pa ragraph (c) is 733
added to that subsection, and subsection (7) is added to that 734
section, to read: 735
252.37 Financing.— 736
(5) Unless otherwise specified in the General 737
Appropriations Act: 738
(c) If the division intends to accept or apply for federal 739
funds for a division-administered program that is new, that will 740
be implemented in a manner that is innovative or significantly 741
different from the manner in which the program is typically 742
administered, or that will require a state match for which the 743
division will be required to seek new budget authority, the 744
division must notify the Legislature of its intent to accept or 745
apply for the federal funds. The notice must detail the federal 746
program under which the funds will be accepted or applied for, 747
the intended purpose and use of the funds, and the amount of 748
funds, including the estimated state match. 749
(7) The division shall take steps to maximize the 750
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availability and expedite the distribution of financial 751
assistance from the Federal Government to state and local 752
agencies. Such steps must include the standardization and 753
streamlining of the application process for financial assistance 754
through the federal Public Assistance Program and provision of 755
assistance to applicants in order to mitigate the risk of 756
noncompliance with federal program requirements. The division 757
shall use federal funds allocated as management costs or other 758
funds as appropriated to implement this subsection. 759
Section 16. Section 252.3713, Florida Statutes, is created 760
to read: 761
252.3713 Hazard Mitigat ion Grant Program.— 762
(1) The division shall administer the Hazard Mitigation 763
Grant Program as authorized and described in s. 404 of the 764
Robert T. Stafford Disaster Relief and Emergency Assistance Act, 765
as amended by Pub. L. No. 103 -181, Pub. L. No. 103 -337, and Pub. 766
L. No. 106-390. 767
(2) The division may retain no more than 25 percent of the 768
total federal allocation of funds received for use within the 769
state. A minimum of 75 percent of any funds received pursuant to 770
a declared disaster must be distributed f or use by the 771
subrecipients in the counties specified in the Presidential 772
Disaster Declaration for that disaster. However, a subrecipient 773
may elect to share some or all of its allocation with the 774
division to be used for projects benefiting the region in wh ich 775
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the subrecipient is located. 776
(3) The division and subrecipients shall prioritize 777
projects that fulfill the following purposes when adopting 778
mitigation strategies and plans and applying for funds under the 779
grant program: 780
(a) Reducing shelter space d eficits through retrofitting 781
of existing shelters and hardening of public buildings that are 782
not schools. Reducing deficits in shelter space intended to 783
accommodate individuals with special needs must be prioritized 784
before addressing deficits in other type s of shelter space. 785
(b) Mitigating impacts to public infrastructure, including 786
roads, bridges, and stormwater, water, and sewer systems, to 787
enhance resistance to natural hazards and prevent and reduce 788
losses. 789
(c) Mitigating impacts to school facilities which will 790
reduce future disaster losses and make the facilities more 791
resistant to natural hazards. 792
(d) Retrofitting of regional and local emergency 793
management or operations centers. 794
(e) Other projects that the division may define by rule. 795
(4) The division may coordinate with other state agencies 796
and political subdivisions to develop and implement innovative 797
approaches to funding mitigation projects using grants under the 798
Hazard Mitigation Grant Program, including, but not limited to, 799
combining funding received from multiple federal and state 800
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programs. The division, in cooperation with other state agencies 801
that administer federal grant programs, shall ensure that: 802
(a) Projects funded through multiple programs comply with 803
all applicable federal and s tate requirements of the respective 804
programs under which funding was received. 805
(b) Funding is used for projects in the geographic areas 806
specified in the grant of funding. 807
(5) A fiscally constrained county may request that the 808
division administer the gr ant for such county. A fiscally 809
constrained county may request additional assistance from the 810
division in preparing applications for grants and developing a 811
structure for implementing, monitoring the execution of, and 812
closing out projects. 813
(6) The division shall adopt rules to implement this 814
section. 815
Section 17. Paragraph (a) of subsection (2) of section 816
252.373, Florida Statutes, is amended to read: 817
252.373 Allocation of funds; rules. — 818
(2) The division shall allocate funds from the Emergency 819
Management, Preparedness, and Assistance Trust Fund to local 820
emergency management agencies and programs pursuant to criteria 821
specified in rule. Such rules shall include, but are not limited 822
to: 823
(a) Requiring that, at a minimum, a local emergency 824
management agency either: 825
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1. Have a program director who works at least 40 hours a 826
week in that capacity; or 827
2. If the county has fewer than 75,000 population or is 828
party to an interjurisdictional emergency management agreement 829
entered into pursuant to s. 252.38(3)(c) s. 252.38(3)(b), that 830
is recognized by the Governor by executive order or rule, have 831
an emergency management coordinator who works at least 20 hours 832
a week in that capacity. 833
Section 18. Present paragraphs (a) and (b) of subsection 834
(3) of section 252.38, Florida Statutes, are redesignated as 835
paragraphs (b) and (c), respectively, a new paragraph (a) is 836
added to that subsection, and paragraph (a) of subsection (1) is 837
amended, to read: 838
252.38 Emergency management powers of political 839
subdivisions.—Safeguarding the life and property of its citizens 840
is an innate responsibility of the governing body of each 841
political subdivision of the state. 842
(1) COUNTIES.— 843
(a) In order to provide effective and orderly governmental 844
control and coordination of emer gency operations in emergencies 845
within the scope of ss. 252.31 -252.90, each county within this 846
state shall be within the jurisdiction of, and served by, the 847
division. Except as otherwise provided in ss. 252.31 -252.90, 848
each local emergency management agency shall have jurisdiction 849
over and serve an entire county. Unless part of an 850
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interjurisdictional emergency management agreement entered into 851
pursuant to paragraph (3)(c) (3)(b) which is recognized by the 852
Governor by executive order or rule, each county must establish 853
and maintain such an emergency management agency and shall 854
develop a county emergency management plan and program that is 855
coordinated and consistent with the state comprehensive 856
emergency management plan and program. Counties that are part of 857
an interjurisdictional emergency management agreement entered 858
into pursuant to paragraph (3)(c) (3)(b) which is recognized by 859
the Governor by executive order or rule shall cooperatively 860
develop an emergency management plan and program that is 861
coordinated and consistent with the state comprehensive 862
emergency management plan and program. 863
(3) EMERGENCY MANAGEMENT POWERS; POLITICAL SUBDIVISIONS. — 864
(a) Each political subdivision shall notify the division 865
on or before May 1 each year of the person designated as the 866
emergency contact for the political subdivision and his or her 867
alternate and of any changes in persons so designated 868
thereafter. For a county, the emergency contact must be the 869
county emergency management director. 870
Section 19. Section 252.381, Flor ida Statutes, is created 871
to read: 872
252.381 Information related to natural emergencies; 873
poststorm county and municipal permitting; operations. — 874
(1) Each county and municipality must post on its publicly 875
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accessible website: 876
(a) A frequently asked questi ons web page related to 877
natural emergency response, emergency preparedness, and public 878
relief for residents following an emergency. The web page must 879
answer questions concerning resident evacuations; safety tips; 880
generator, food and drinking water, and was tewater and 881
stormwater safety; damage assessment; debris cleanup; accessing 882
assistance through the Federal Emergency Management Agency and 883
this state; building recovery; natural emergency guidance; 884
applicable laws; and what to do before, during, and after an 885
emergency. 886
(b) A disaster supply list and a list of emergency 887
shelters. 888
(c) Links to information about flood zones. 889
(d) A checklist for residents explaining next steps to 890
take during postdisaster recovery. 891
(2) Each county and municipality shall develop a poststorm 892
permitting plan to expedite recovery and rebuilding by providing 893
for special building permit and inspection procedures after a 894
hurricane or tropical storm. The plan must, at a minimum: 895
(a) Ensure sufficient personnel are prepared and available 896
to expeditiously manage postdisaster building inspection, 897
permitting, and enforcement tasks. The plan must anticipate 898
conditions that would necessitate supplemental personnel for 899
such tasks and address methods for fulfilling such personnel 900
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needs, including through mutual aid agreements as authorized in 901
s. 252.40, other arrangements, such as those with private sector 902
contractors, or supplemental state or federal funding. The plan 903
must include training requirements and protocols for 904
supplemental personnel to ensure compliance with local 905
floodplain management requirements that apply within the county 906
or municipality. 907
(b) Account for multiple or alternate locations where 908
building permit services may be offered in person to the public 909
following a hurricane or tropical storm during regular business 910
hours. 911
(c) Specify a protocol to expedite permitting procedures 912
and, if practicable, for the waiver or reduction of applicable 913
fees in accordance with and in addition to the procedures and 914
waivers provided for under s. 553.7922. The plan must identify 915
the types of permits that are frequently requested following a 916
hurricane or tropical storm and methods to expedite the 917
processing of such permits. 918
(d) Specify procedures and resources necessary to promote 919
expeditious debris removal following a hurricane or tropical 920
storm. 921
(3)(a) Each county and municipality shall publish on its 922
website a hurricane and tropical storm recovery permitting guide 923
for residential and commercial property owners. The guide must 924
describe: 925
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1. The types of poststorm repairs that require a permit 926
and applicable fees. 927
2. The types of poststorm repairs that do not require a 928
permit. 929
3. The poststorm permit application process and specific 930
modifications the county or municipality commo nly makes to 931
expedite the process, including the physical locations where 932
permitting services will be offered. 933
4. Local requirements for rebuilding specific to the 934
county or municipality, including elevation requirements 935
following substantial damage and substantial improvement 936
pursuant to the National Flood Insurance Program (NFIP) and any 937
local amendments to the building code. 938
(b) As soon as practicable following a hurricane or 939
tropical storm, a county or municipality within the area for 940
which a state of emergency pursuant to s. 252.36 for such 941
hurricane or tropical storm is declared shall publish updates on 942
its website to the information required under paragraph (a) 943
which are specific to such storm, including any permitting fee 944
waivers or reductions. 945
(4) For 180 days after a state of emergency is declared 946
pursuant to s. 252.36 for a hurricane or tropical storm, a 947
county or municipality within the area for which the state of 948
emergency is declared may not increase building permit or 949
inspection fees. 950
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(5) Each county and municipality must provide an online 951
option for receiving, reviewing, and accessing substantial 952
damage and substantial improvement letters. The county or 953
municipality must allow homeowners to provide an e -mail address 954
where they can receive digital copies of such letters. 955
(6) As soon as reasonably possible, each county and 956
municipality that has experienced a direct impact from a natural 957
emergency must use its best efforts to open a permitting office 958
at which residents can access govern ment services for at least 959
40 hours per week. 960
(7) Beginning October 1, 2025, emergency management 961
personnel of a county or municipality, and individuals who 962
perform key roles in postdisaster response for a county or 963
municipality, must complete the traini ng provided pursuant to s. 964
252.35 every 2 years. 965
Section 20. Subsections (2) and (3) of section 252.385, 966
Florida Statutes, are amended to read: 967
252.385 Public shelter space; public records exemption. — 968
(2)(a) The division shall administer a program to survey 969
existing schools, universities, community colleges, and other 970
state-owned, municipally owned, and county -owned public 971
buildings and any private facility that the owner, in writing, 972
agrees to provide for use as a public hurricane evacuation 973
shelter to identify those that are appropriately designed and 974
located to serve as such shelters. The owners of the facilities 975
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must be given the opportunity to participate in the surveys. The 976
state university boards of trustees, district school boards, 977
community college boards of trustees, and the Department of 978
Education are responsible for coordinating and implementing the 979
survey of public schools, universities, and community colleges 980
with the division or the local emergency management agency. 981
(b) By January 31 of each even-numbered year, the division 982
shall prepare and submit a statewide emergency shelter plan to 983
the Governor and Cabinet for approval, subject to the 984
requirements for approval in s. 1013.37(2). The emergency 985
shelter plan must project, for each of the next 5 years, the 986
hurricane shelter needs of the state, including periods of time 987
during which a concurrent public health emergency may 988
necessitate more space for each individual to accommodate 989
physical distancing. In addition to information on the gen eral 990
shelter needs throughout this state, the plan must identify the 991
general location and square footage of special needs shelters, 992
by regional planning council region. The plan must also include 993
information on the availability of shelters that accept pets . 994
The Department of Health shall assist the division in 995
determining the estimated need for special needs shelter space 996
and the adequacy of facilities to meet the needs of persons with 997
special needs based on information from the registries of 998
persons with special needs and other information. 999
(3)(a) The division shall annually provide by October 15 1000
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to the Governor, the President of the Senate, and the Speaker of 1001
the House of Representatives a report that includes , and the 1002
Governor a list of facilities recom mended to be retrofitted 1003
using state funds. State funds should be maximized and targeted 1004
to projects in counties regional planning council regions with 1005
hurricane evacuation shelter deficits. Additionally, the 1006
division shall prioritize on the list of recomm ended facilities 1007
other state-owned, municipal-owned, and county-owned public 1008
buildings, other than schools, for retrofitting using state 1009
funds. The owner or lessee of a public hurricane evacuation 1010
shelter that is included on the list of facilities recommen ded 1011
for retrofitting is not required to perform any recommended 1012
improvements. 1013
(b) The report required in paragraph (a) must include a 1014
statewide emergency shelter plan that must project, for each of 1015
the next 5 years, the hurricane shelter needs of the sta te. In 1016
addition to information on the general shelter needs throughout 1017
this state, the plan must identify, by county, the general 1018
location and square footage of special needs shelters. The plan 1019
must also include information on the availability of shelters 1020
that accept pets. The Department of Health and the Agency for 1021
Persons with Disabilities shall assist the division in 1022
determining the estimated need for special needs shelter space, 1023
the estimated need for general shelter space to accommodate 1024
persons with developmental disabilities, including, but not 1025
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limited to, autism, and the adequacy of facilities to meet the 1026
needs of persons with special needs based on information from 1027
the registries of persons with special needs and other 1028
information. 1029
Section 21. Section 252.421, Florida Statutes, is created 1030
to read: 1031
252.421 Management of roadway debris related to natural 1032
emergencies.—The division shall coordinate with fiscally 1033
constrained counties, as described in s. 218.67(1), included in 1034
a declared state of emer gency for a natural emergency and the 1035
Department of Transportation to provide such counties with state 1036
resources to remove debris from roadways, including roadways 1037
that are publicly accessible but not maintained by the county. 1038
Section 22. Section 252.4 22, Florida Statutes, is created 1039
to read: 1040
252.422 Restrictions on county or municipal regulations 1041
after a hurricane.— 1042
(1) As used in this section, the term "impacted local 1043
government" means a county or municipality located entirely or 1044
partially within 100 miles of the track of a storm declared to 1045
be a hurricane by the National Hurricane Center. The term only 1046
includes such local governments within 100 miles of the track 1047
while the storm was categorized as a hurricane. 1048
(2) For 2 years after a hurricane m akes landfall, an 1049
impacted local government may not propose or adopt: 1050
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(a) A moratorium on construction, reconstruction, or 1051
redevelopment of any property. 1052
(b) A more restrictive or burdensome amendment to its 1053
comprehensive plan or land development regu lations. 1054
(c) A more restrictive or burdensome procedure concerning 1055
review, approval, or issuance of a site plan, development 1056
permit, or development order, to the extent that those terms are 1057
defined in s. 163.3164. 1058
(3) Notwithstanding paragraph (a), a c omprehensive plan 1059
amendment, land development regulation amendment, site plan, 1060
development permit, or development order approved or adopted by 1061
an impacted local government before or after the effective date 1062
of this act may be enforced if: 1063
(a) The associated application is initiated by a private 1064
party other than the impacted local government. 1065
(b) The property that is the subject of the application is 1066
owned by the initiating private party. 1067
(4)(a) Any person may file suit against any impacted local 1068
government for declaratory and injunctive relief to enforce this 1069
section. 1070
(b) A county or municipality may request a determination 1071
by a court of competent jurisdiction as to whether such action 1072
violates this section. Upon such a request, the county or 1073
municipality may not enforce the action until the court has 1074
issued a preliminary or final judgment determining whether the 1075
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action violates this section. 1076
(c) Before a plaintiff may file suit, the plaintiff shall 1077
notify the impacted local government by setting forth the facts 1078
upon which the complaint or petition is based and the reasons 1079
the impacted local government's action violates this section. 1080
Upon receipt of the notice, the impacted local government shall 1081
have 14 days to withdraw or revoke the action at iss ue or 1082
otherwise declare it void. If the impacted local government does 1083
not withdraw or revoke the action at issue within the time 1084
prescribed, the plaintiff may file suit. The plaintiff shall be 1085
entitled to entry of a preliminary injunction to prevent the 1086
impacted local government from implementing the challenged 1087
action during pendency of the litigation. In any action 1088
instituted pursuant to this paragraph, the prevailing plaintiff 1089
shall be entitled to reasonable attorney fees and costs. 1090
(d) In any case bro ught under this section, any party is 1091
entitled to the summary procedure provided in s. 51.011, and the 1092
court shall advance the cause on the calendar. 1093
Section 23. Section 252.505, Florida Statutes, is created 1094
to read: 1095
252.505 Breach of contract during emergency recovery 1096
periods for natural emergencies. —Each state or local government 1097
contract for goods or services related to emergency response for 1098
a natural emergency entered into, renewed, or amended on or 1099
after July 1, 2025, must include a provision th at requires a 1100
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vendor or service provider that breaches such contract during an 1101
emergency recovery period to pay actual and consequential 1102
damages and a $5,000 penalty. As used in this section, the term 1103
"emergency recovery period" means a 1 -year period that begins on 1104
the date that the Governor initially declared a state of 1105
emergency for a natural emergency. 1106
Section 24. Subsection (1) of section 400.063, Florida 1107
Statutes, is amended to read: 1108
400.063 Resident protection. — 1109
(1) The Health Care Trust Fund shall be used for the 1110
purpose of collecting and disbursing funds generated from the 1111
license fees and administrative fines as provided for in ss. 1112
393.0673(5), 400.062(3), 400.121(2), and 400.23(8). Such funds 1113
shall be for the sole purpose of paying for the appropriate 1114
alternate placement, care, and treatment of residents who are 1115
removed from a facility licensed under this part or a facility 1116
specified in s. 393.0678(1) in which the agency determines that 1117
existing conditions or practices constitute an immediate danger 1118
to the health, safety, or security of the residents. If the 1119
agency determines that it is in the best interest of the health, 1120
safety, or security of the residents to provide for an orderly 1121
removal of the residents fr om the facility, the agency may 1122
utilize such funds to maintain and care for the residents in the 1123
facility pending removal and alternative placement. The 1124
maintenance and care of the residents shall be under the 1125
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direction and control of a receiver appointed pursuant to s. 1126
393.0678(1) or s. 400.126(1). However, funds may be expended in 1127
an emergency upon a filing of a petition for a receiver, upon 1128
the declaration of a state of local emergency pursuant to s. 1129
252.38(3)(b)5. s. 252.38(3)(a)5., or upon a duly autho rized 1130
local order of evacuation of a facility by emergency personnel 1131
to protect the health and safety of the residents. 1132
Section 25. Subsection (7) of section 403.7071, Florida 1133
Statutes, is amended, and subsection (8) is added to that 1134
section, to read: 1135
403.7071 Management of storm -generated debris.—Solid waste 1136
generated as a result of a storm event that is the subject of an 1137
emergency order issued by the department may be managed as 1138
follows: 1139
(7) Unless otherwise specified in a contract or franchise 1140
agreement between a local government and a private solid waste 1141
or debris management service provider, a private solid waste or 1142
debris management service provider is not required to collect 1143
storm-generated yard trash. Local governments are authorized and 1144
encouraged to add an addendum to existing contracts or franchise 1145
agreements for collection of storm -generated debris. 1146
(8)(a) Each county and municipality shall apply to the 1147
department for authorization of at least one debris management 1148
site as described in s ubsection (2) and shall annually seek 1149
preauthorization for any previously approved debris management 1150
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sites, as allowed by the department. 1151
(b) A municipality may jointly apply for authorization of 1152
a debris management site with a county or at least one adj acent 1153
municipality, if the parties develop and approve a memorandum of 1154
understanding. Such memorandum must clearly outline the capacity 1155
of the debris management site and location of the site relative 1156
to each party. The memorandum of understanding must be a pproved 1157
annually as part of the preauthorization process described in 1158
paragraph (a). 1159
Section 26. Section 489.1132, Florida Statutes, is created 1160
to read: 1161
489.1132 Regulation of hoisting equipment used in 1162
construction, demolition, or excavation work du ring a 1163
hurricane.— 1164
(1) As used in this section, the term: 1165
(a) "Hoisting equipment" means power -operated cranes, 1166
derricks, and hoists used in construction, demolition, or 1167
excavation work that are regulated by the Occupational Safety 1168
and Health Administr ation under 29 C.F.R. 66 parts 1910.66 and 1169
1926.66. 1170
(b) "Mobile crane" means a type of hoisting equipment 1171
incorporating a cable -suspended latticed boom or hydraulic 1172
telescoping boom designed to be moved between operating 1173
locations by transport over a roa dway. The term does not include 1174
a mobile crane with a boom length of less than 25 feet or a 1175
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maximum rated load capacity of less than 15,000 pounds. 1176
(c) "Tower crane" means a type of hoisting equipment using 1177
a vertical mast or tower to support a working b oom in an 1178
elevated position if the working boom can rotate to move loads 1179
laterally either by rotating at the top of the mast or tower or 1180
by the rotation of the mast or tower itself, whether the mast or 1181
tower base is fixed in one location or ballasted and m oveable 1182
between locations. 1183
(2)(a) When a tower crane or mobile crane is located on a 1184
worksite, a hurricane preparedness plan for the crane must be 1185
available for inspection at the worksite. 1186
(b) In preparation for a hurricane, hoisting equipment 1187
must be secured in the following manner no later than 24 hours 1188
before the impacts of the hurricane are anticipated to begin: 1189
1. All hoisting equipment must be secured in compliance 1190
with manufacturer recommendations relating to hurricane and 1191
high-wind events, including any recommendations relating to the 1192
placement, use, and removal of advertising banners and rigging. 1193
2. Tower crane turntables must be lubricated before the 1194
event. 1195
3. Fixed booms on mobile cranes must be laid down whenever 1196
feasible. 1197
4. Booms on hydraulic cranes must be retracted and stored. 1198
5. The counterweights of any hoists must be locked below 1199
the top tie-in. 1200
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6. Tower cranes must be set in the weathervane position. 1201
7. All rigging must be removed from hoist blocks. 1202
8. All power at the base of tower cranes must be 1203
disconnected. 1204
(3) A person licensed under this part who intentionally 1205
violates this section is subject to discipline under ss. 455.227 1206
and 489.129. 1207
Section 27. The Division of Emergency Management shall 1208
consult with local governments, the Department of Business and 1209
Professional Regulation, the Department of Environmental 1210
Protection, and any other appropriate agencies to develop 1211
recommendations for statutory changes necessary to streamline 1212
the permitting process for repairi ng and rebuilding structures 1213
damaged during natural emergencies. By July 1, 2026, the 1214
division shall provide a report containing such recommendations 1215
to the President of the Senate and the Speaker of the House of 1216
Representatives. 1217
Section 28. (1) Each county listed in the Federal 1218
Disaster Declaration for Hurricane Debby (DR -4806), Hurricane 1219
Helene (DR-4828), or Hurricane Milton (DR -4834), and each 1220
municipality within one of those counties, may not propose or 1221
adopt any moratorium on construction, recons truction, or 1222
redevelopment of any property damaged by such hurricanes; 1223
propose or adopt more restrictive or burdensome amendments to 1224
its comprehensive plan or land development regulations; or 1225
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propose or adopt more restrictive or burdensome procedures 1226
concerning review, approval, or issuance of a site plan, 1227
development permit, or development order, to the extent that 1228
those terms are defined by s. 163.3164, Florida Statutes, before 1229
October 1, 2027, and any such moratorium or restrictive or 1230
burdensome comprehensive plan amendment, land development 1231
regulation, or procedure shall be null and void ab initio. This 1232
subsection applies retroactively to August 1, 2024. 1233
(2) Notwithstanding subsection (1), any comprehensive plan 1234
amendment, land development regulation a mendment, site plan, 1235
development permit, or development order approved or adopted by 1236
a county or municipality before or after the effective date of 1237
this act may be enforced if: 1238
(a) The associated application is initiated by a private 1239
party other than the county or municipality. 1240
(b) The property that is the subject of the application is 1241
owned by the initiating private party. 1242
(3)(a) A resident of or the owner of a business in a 1243
county or municipality may bring a civil action for declaratory 1244
and injunctive relief against the county or municipality for a 1245
violation of this section. Pending adjudication of the action 1246
and upon filing of a complaint showing a violation of this 1247
section, the resident or business owner is entitled to a 1248
preliminary injunction agai nst the county or municipality 1249
preventing implementation of the moratorium or the comprehensive 1250
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plan amendment, land development regulation, or procedure. If 1251
such civil action is successful, the resident or business owner 1252
is entitled to reasonable attorney fees and costs. 1253
(b) Attorney fees and costs and damages may not be awarded 1254
pursuant to this subsection if: 1255
1. The resident or business owner provides the governing 1256
body of the county or municipality written notice that a 1257
proposed or enacted moratorium, comprehensive plan amendment, 1258
land development regulation, or procedure is in violation of 1259
this section; and 1260
2. The governing body of the county or municipality 1261
withdraws the proposed moratorium, comprehensive plan amendment, 1262
land development regulation, or procedure within 14 days; or, in 1263
the case of an adopted moratorium, comprehensive plan amendment, 1264
land development regulation, or procedure, the governing body of 1265
a county or municipality notices an intent to repeal within 14 1266
days after receipt of the notice and repeals the moratorium, 1267
comprehensive plan amendment, land development regulation, or 1268
procedure within 14 days thereafter. 1269
(4) This section expires June 30, 2028. 1270
Section 29. The Division of Law Revision is directed to 1271
replace the phrase "the effective date of this act" wherever it 1272
occurs in this act with the date this act becomes a law. 1273
Section 30. This act shall take effect upon becoming a 1274
law. 1275