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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 7
request authority to take specified actions under 8
certain circumstances; requiring certain requests to 9
be submitted in a specified manner; requiring the 10
Secretary of State to approve or deny such requests 11
within a specified timeframe; requiring certain 12
requests to be deemed approved; requiring such 13
approvals and denials to be posted in a specified 14
manner; requiring such supervisors to use specified 15
methods to inform affected voters of election changes; 16
creating s. 101.735, F.S.; requiring the Division of 17
Elections to develop a statewide election emergency 18
contingency plan for a specified purpose; requiring 19
such plan to include certain procedures; requiring 20
supervisors of elections to develop a local election 21
emergency contingency plan in consultation with 22
certain officials; requiring the plan to be submitted 23
to the division for approval by a certain date; 24
requiring the division to make a certain determination 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
by a specified date; requiring the division to adop t 26
rules; creating s. 101.736, F.S.; defining the term 27
"tabletop exercise"; requiring the Secretary of State, 28
in coordination with supervisors of elections, to 29
develop an election emergency training program; 30
requiring the Secretary of State to convene a 31
workgroup for a certain purpose by a specified date of 32
every odd-numbered year; providing requirements for 33
the workgroup; requiring the results of the workgroup 34
to be used in a specified manner; creating s. 35
163.31795, F.S.; defining the terms "cumulative 36
substantial improvement period" and "local 37
government"; requiring local governments that are 38
participating in a specified insurance program to 39
adopt certain cumulative substantial improvement 40
periods; amending s. 163.31801, F.S.; prohibiting 41
certain entities from assessing impact fees for 42
specified replacement structures; providing an 43
exception; providing construction; amending s. 44
193.155, F.S.; providing that repair and maintenance 45
of specified property is not a change, an addition, or 46
an improvement under cer tain circumstances; revising 47
the square footage limitations for certain changes, 48
additions, and improvements to damaged property; 49
providing construction; amending s. 215.559, F.S.; 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
removing a reference to a certain report; revising 51
public hurricane shelter funding prioritization 52
requirements for the Division of Emergency Management; 53
amending s. 250.375, F.S.; authorizing certain 54
servicemembers to provide medical care in specified 55
circumstances; amending s. 252.35, F.S.; revising 56
requirements for the state c omprehensive emergency 57
management plan; requiring such plan to include an 58
update on the status of certain emergency management 59
capabilities; requiring the division to collaborate 60
with the Department of Health; revising 61
responsibilities of the division; req uiring the 62
division to develop a certain template; revising items 63
required to be included in a specified inventory; 64
removing a specified reporting requirement; amending 65
s. 252.355, F.S.; authorizing the Department of 66
Veterans' Affairs to provide certain in formation to 67
specified clients or their caregivers; requiring the 68
Florida Housing Finance Corporation to enter into 69
memoranda of understanding with specified agencies for 70
a certain purpose; providing that specified persons 71
may use special needs shelters in certain 72
circumstances; amending s. 252.359, F.S.; revising the 73
manner in which the division facilitates 74
transportation and distribution of essentials before 75
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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
and after an emergency; requiring local law 76
enforcement to cooperate with the division to ensure 77
the availability of essentials; providing that certain 78
entities have specified responsibilities determining 79
roadways; amending s. 252.3611, F.S.; directing 80
specified entities to submit specified contracts and 81
reports to the Legislature under specified condi tions; 82
requiring such contracts to be posted on a specified 83
secure contract system; requiring the division to 84
report annually to the Legislature specified 85
information on expenditures relating to emergencies; 86
providing requirements for such report; amending s. 87
252.365, F.S.; requiring agency heads to notify the 88
Governor and the division of the person designated as 89
the emergency coordination officer annually by a 90
specified date; amending s. 252.37, F.S.; requiring 91
the division to notify the Legislature of its intent 92
to accept or apply for federal funds under certain 93
circumstances; requiring the division to take steps to 94
maximize the availability and expedite the 95
distribution of financial assistance from the Federal 96
Government to state and local agencies; requi ring that 97
such steps include the standardization and 98
streamlining of the application process for federal 99
financial assistance and the provision of assistance 100
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to applicants for a specified purpose; requiring the 101
division to use certain federal funds to impl ement 102
such requirements; creating s. 252.3713, F.S.; 103
requiring the division to administer the Hazard 104
Mitigation Grant Program; authorizing the division to 105
retain a specified percentage of the funds for use 106
within this state; requiring the remaining percent age 107
to be distributed for use by certain recipients; 108
authorizing subrecipients to make a certain election 109
for a specified use; requiring the consideration of 110
certain projects; authorizing the division to 111
coordinate with specified entities under certain 112
circumstances; requiring the division to ensure that 113
certain requirements are met and certain projects are 114
funded; authorizing fiscally constrained counties to 115
request that the division administer the grant for 116
such a county; authorizing such counties to requ est 117
certain assistance from the division; requiring the 118
division to adopt rules; amending s. 252.373, F.S.; 119
conforming a cross-reference; amending s. 252.38, 120
F.S.; requiring political subdivisions to annually 121
provide specified notification to the division before 122
a specified date; creating s. 252.381, F.S.; requiring 123
counties and municipalities to post certain 124
information on their websites; requiring counties and 125
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municipalities to develop a poststorm permitting plan; 126
providing requirements for such plan; req uiring 127
counties and municipalities to publish on their 128
websites a specified storm recovery guide and updates 129
to such guide; prohibiting certain counties and 130
municipalities from increasing building permit or 131
inspection fees within a specified timeframe; 132
requiring certain counties and municipalities to use 133
their best efforts to open a permitting office for a 134
minimum number of hours per week; requiring entities 135
to allow individuals to receive certain letters 136
electronically on or before a specified date; 137
requiring specified individuals to complete certain 138
training every 2 years beginning on a specified date; 139
amending s. 252.385, F.S.; revising reporting 140
requirements for the division; revising requirements 141
for a specified list; requiring the Department of 142
Health and the Agency for Persons with Disabilities to 143
assist the division with certain determinations; 144
creating s. 252.421, F.S.; requiring the division to 145
coordinate with certain counties for a specified 146
purpose; creating s. 252.422, F.S.; defining the term 147
"impacted local government"; prohibiting impacted 148
local governments from proposing or adopting certain 149
moratoriums, amendments, or procedures for a specified 150
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timeframe; authorizing the enforcement of certain 151
amendments, plans, permits, and orders under certai n 152
circumstances; authorizing any person to file suit to 153
enforce specified provisions; authorizing counties and 154
municipalities to request a specified determination by 155
a court; prohibiting counties and municipalities from 156
taking certain actions until the cou rt has issued a 157
preliminary or final judgment; requiring plaintiffs to 158
provide certain notification before filing suit; 159
requiring impacted local governments to take certain 160
actions upon receipt of such notification or a suit 161
may be filed; providing for rea sonable attorney fees 162
and costs; authorizing the use of a certain summary 163
procedure; requiring the court to advance the cause on 164
the calendar; creating s. 252.505, F.S.; requiring 165
certain contracts to include a specified provision; 166
defining the term "emerg ency recovery period"; 167
amending s. 400.063, F.S.; conforming a cross -168
reference; amending s. 403.7071, F.S.; providing that 169
local governments are authorized and encouraged to add 170
certain addendums to certain contracts and agreements; 171
requiring counties and municipalities to apply to the 172
Department of Environmental Protection for 173
authorization to designate at least one debris 174
management site; authorizing municipalities to apply 175
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jointly with a county or adjacent municipality for 176
authorization of a debris manag ement site if such 177
entities approve a memorandum of understanding; 178
providing requirements for such memorandum; creating 179
s. 489.1132, F.S.; providing definitions; requiring a 180
hurricane preparedness plan to be available for 181
inspection at certain worksites; r equiring certain 182
equipment to be secured in a specified manner no later 183
than 24 hours before the impacts of a hurricane are 184
anticipated to begin; providing penalties; amending s. 185
553.902, F.S.; revising the definition of the term 186
"renovated building"; requ iring the division to 187
consult with specified entities to develop certain 188
recommendations and provide a report to the 189
Legislature by a specified date; prohibiting certain 190
counties from proposing or adopting certain 191
moratoriums, amendments, or procedures for a specified 192
timeframe; declaring that such moratoriums, 193
amendments, or procedures are null and void; providing 194
for retroactive application; authorizing the 195
enforcement of certain amendments, plans, permits, and 196
orders under certain circumstances; authoriz ing 197
certain residents and business owners to bring a civil 198
action for declaratory and injunctive relief against a 199
county or municipality that violates specified 200
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provisions; providing for reasonable attorney fees and 201
costs under specified circumstances; pro viding for 202
future expiration; providing a directive to the 203
Division of Law Revision; providing an effective date. 204
205
Be It Enacted by the Legislature of the State of Florida: 206
207
Section 1. Section 83.63, Florida Statutes, is amended to 208
read: 209
83.63 Casualty damage.—If the premises are damaged or 210
destroyed other than by the wrongful or negligent acts of the 211
tenant so that the enjoyment of the premises is substantially 212
impaired:, 213
(1) The tenant may terminate the rental agreement and 214
immediately vacate the premises. The tenant may vacate the part 215
of the premises rendered unusable by the casualty, in which case 216
the tenant's liability for rent shall be reduced by the fair 217
rental value of that part of the premises damaged or destroyed. 218
If the rental agreeme nt is terminated, the landlord shall comply 219
with s. 83.49(3). 220
(2) The tenant must be given: 221
(a) The opportunity to collect his or her belongings from 222
the premises when it is safe to do so; or 223
(b) Notice of the date by which the tenant will be able to 224
collect his or her belongings from the premises, which must 225
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occur within a reasonable time. 226
Section 2. Subsection (3) of section 101.733, Florida 227
Statutes, is amended to read: 228
101.733 Emergency suspension or delay of an election 229
emergency; purpose; elections emergency contingency plan .—230
Because of the existing and continuing possibility of an 231
emergency or common disaster occurring before or during a 232
regularly scheduled or special election, and in order to ensure 233
maximum citizen participation in the el ectoral process and 234
provide a safe and orderly procedure for persons seeking to 235
exercise their right to vote, generally to minimize to whatever 236
degree possible a person's exposure to danger during declared 237
states of emergency, and to protect the integrity of the 238
electoral process, it is hereby found and declared to be 239
necessary to designate a procedure for the emergency suspension 240
or delay and rescheduling of elections. 241
(3) The Division of Elections of the Department of State 242
shall adopt, by rule, an elec tions emergency contingency plan, 243
which shall contain goals and policies that give specific 244
direction to state and local elections officials when an 245
election has been suspended or delayed due to an emergency. The 246
contingency plan shall be statewide in scop e and shall address, 247
but not be limited to, the following concerns: 248
(a) Providing a procedure for state and local elections 249
officials to follow when an election has been suspended or 250
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delayed to ensure notice of the suspension or delay to the 251
proper authorities, the electorate, the communications media, 252
poll workers, and the custodians of polling places. 253
(b) Providing a procedure for the orderly conduct of a 254
rescheduled election, whether municipal, county, district, or 255
statewide in scope; coordinating th ose efforts with the 256
appropriate elections official, and the members of the governing 257
body holding such election, if appropriate; and working with the 258
appropriate emergency management officials in determining the 259
safety of existing polling places or design ating additional 260
polling places. 261
(c) Providing a procedure for the release and 262
certification of election returns to the department for 263
elections suspended or delayed and subsequently rescheduled 264
under the provisions of ss. 101.731 -101.74. 265
Section 3. Section 101.7325, Florida Statutes, is created 266
to read: 267
101.7325 Election emergency. — 268
(1) If the Governor declares a state of emergency for a 269
natural emergency, as defined in s. 252.34, fewer than 60 days 270
before an election, the supervisor of a county designated as 271
affected by such declaration may request approval from the 272
Secretary of State to take any of the following actions 273
necessary while the declaration continues to designate the area 274
as an affected area: 275
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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) Notwithstanding the designation dead line in s. 276
101.657(1)(b), change the location of designated early voting 277
sites. The request must identify the new address of each early 278
voting site and the hours during which early voting will occur 279
at each site. 280
(b) Notwithstanding the early voting site locations 281
authorized in s. 101.657(1), request early voting sites at 282
locations not specifically authorized by law. The request must 283
set forth sufficient facts to establish that a sufficient number 284
of early voting sites that were designated, or that may be 285
designated under paragraph (a), are unavailable due to the 286
emergency. For purposes of this paragraph, reasons that early 287
voting sites may be unavailable include, but are not limited to, 288
the site is no longer safe for occupancy, the site is located in 289
an area that is currently dangerous to travel to and from, or 290
the site does not have adequate utilities. An early voting site 291
designated under this paragraph must, to the maximum extent 292
practicable, be geographically located so as to provide all 293
voters in the area with an equal opportunity to cast a ballot. 294
(c) Notwithstanding s. 101.657(1)(d), allow early voting 295
to occur the day before an election. 296
(d) Notwithstanding ss. 101.657 and 101.71, allow election 297
day voting at early voting sites. The request mus t set forth 298
sufficient facts to establish that a sufficient number of early 299
voting sites that were designated, or that may be designated 300
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under paragraph (a), are unavailable due to the emergency. For 301
purposes of this paragraph, reasons that a polling place may be 302
unavailable include, but are not limited to, the polling place 303
is no longer safe for occupancy, the polling place is located in 304
an area that is currently dangerous to travel to and from, or 305
the polling place does not have adequate utilities. An ear ly 306
voting site designated as a polling place under this paragraph 307
must, to the maximum extent practicable, be geographically 308
located so as to provide all voters in the area with an equal 309
opportunity to cast a ballot. 310
(e) Notwithstanding the designation d eadline in s. 311
101.69(2)(b), designate additional secure ballot intake 312
stations. The request must identify the location of the 313
additional secure ballot intake stations. 314
(f) Send a vote-by-mail ballot to a voter who has 315
requested such ballot: 316
1. By forwardable mail or to an address other than the 317
address listed for the voter in the statewide voter registration 318
system. 319
2. Notwithstanding s. 101.62(1)(a) and (b), without the 320
voter's written request or if a written request is not signed. 321
3. Notwithstanding s. 101.62(3)(c), as soon as 322
practicable. 323
(g) If the supervisor determines that a poll worker 324
shortage exists, appoint poll workers who have not met the 325
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training requirements in s. 102.014. However, such poll workers 326
must have received the required tra ining within the previous 2 327
years. 328
(h) Notwithstanding s. 102.012(2), appoint inspectors and 329
clerks who are registered qualified electors of this state but 330
who are not registered qualified electors of the applicable 331
county. 332
(2) Each supervisor of an af fected area who submits a 333
request pursuant to subsection (1) must submit all such requests 334
at once. The Secretary of State must approve or deny the 335
requests in writing within 36 hours after receipt. If the 336
Secretary of State fails to approve or deny a requ est within the 337
36-hour period, the request is deemed approved. The Secretary of 338
State must publish each approval and denial on the department's 339
website. 340
(3) The supervisor shall use print and broadcast media, 341
social media, Internet websites, polling plac e signage, and any 342
other method necessary to inform affected voters of any changes 343
to elections made under this section. 344
Section 4. Section 101.735, Florida Statutes, is created 345
to read: 346
101.735 Election emergency contingency plans. — 347
(1) The division shall adopt by rule a statewide election 348
emergency contingency plan to provide specific direction in the 349
event an emergency occurs preceding or during an election. The 350
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contingency plan shall include, at minimum, procedures to: 351
(a) Ensure that necessar y parties are notified of any 352
changes impacting an election that has been suspended, delayed, 353
rescheduled, or otherwise affected by an emergency. As used in 354
this paragraph, necessary parties include proper authorities, 355
the electorate, the media, poll worke rs, and polling place 356
custodians. 357
(b) Ensure that an election that has been suspended, 358
delayed, rescheduled, or otherwise affected by an emergency is 359
conducted in a safe and orderly manner. The procedures must 360
include a plan to coordinate the actions of the division, 361
supervisors, county canvassing boards, and, if appropriate, 362
members of the governing body holding such election. 363
(c) Determine the safety of existing polling places or 364
designate additional polling places in coordination with the 365
appropriate emergency management officials. 366
(d) Release and certify returns to the division for 367
elections suspended, delayed, rescheduled, or otherwise affected 368
by an emergency. 369
(e) Coordinate efforts between supervisors in affected and 370
unaffected counties to ens ure voting opportunities for affected 371
voters, including ensuring the delivery of vote -by-mail ballots 372
to law enforcement officers, military personnel, first 373
responders, and utility line workers. 374
(2) Each supervisor shall develop, in consultation with 375
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local emergency management officials, a local election emergency 376
contingency plan. The contingency plan must be submitted to the 377
division for approval by May 1 of every odd -numbered year. The 378
division must determine whether the local election emergency 379
contingency plan is sufficient no later than May 30. The 380
division shall adopt rules to implement this subsection, 381
including the creation of standard criteria for determining the 382
sufficiency of local election emergency contingency plans. 383
Section 5. Section 10 1.736, Florida Statutes, is created 384
to read: 385
101.736 Election emergency training; best practices. — 386
(1) As used in this section, the term "tabletop exercise" 387
means a session in which participants are guided through 388
possible scenarios and discuss their r oles and responsibilities 389
if such a scenario occurs, as well as how they would respond to 390
such a scenario. 391
(2) The Secretary of State, in coordination with 392
supervisors, shall develop an election emergency training 393
program. The training is required for ne wly elected or appointed 394
supervisors and any critical staff, as determined by a 395
supervisor. The Secretary of State shall update such training at 396
least once every 4 years. 397
(3) By June 1 of every odd -numbered year, the Secretary of 398
State shall convene a workgroup to create a list of best 399
practices for conducting an election during an emergency. 400
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(a) The workgroup must include at least 10 current 401
supervisors. 402
(b) The workgroup must participate in tabletop exercises 403
involving election emergencies. 404
(4) Using the list created in subsection (3), the 405
Secretary of State must: 406
(a) Incorporate practices applicable to all counties into 407
the statewide election emergency contingency plan under s. 408
101.735(1). 409
(b) Recommend practices applicable to specific count ies to 410
the applicable supervisor for inclusion in the supervisor's 411
local election emergency contingency plan under s. 101.735(2). 412
Section 6. Section 163.31795, Florida Statutes, is created 413
to read: 414
163.31795 Participation in the National Flood Insura nce 415
Program.— 416
(1) For purposes of this section, the term: 417
(a) "Cumulative substantial improvement period" means the 418
period during which an aggregate of improvements or repairs are 419
considered for purposes of determining substantial improvement 420
as defined in s. 161.54(12). 421
(b) "Local government" has the same meaning as in s. 422
163.2514. 423
(2) A local government that is participating in the 424
National Flood Insurance Program may not adopt a cumulative 425
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substantial improvement period that is longer than 1 year . 426
Section 7. Subsection (14) is added to section 163.31801, 427
Florida Statutes, to read: 428
163.31801 Impact fees; short title; intent; minimum 429
requirements; audits; challenges. — 430
(14) A local government, school district, or special 431
district may not asse ss an impact fee for the reconstruction or 432
replacement of a previously existing structure if the 433
replacement structure is of the same land use as the original 434
structure and does not increase the impact on public facilities 435
beyond that of the original struc ture. However, if the 436
replacement structure increases the demand on public facilities 437
due to a significant increase in size, intensity, or capacity of 438
use, a local government, school district, or special district 439
may assess an impact fee in an amount propo rtional to the 440
difference in the demand between the replacement structure and 441
the original structure. Any such fee must be reasonably 442
connected to, or have a rational nexus with, the need for 443
additional capital facilities and the increased impact generated 444
by the reconstruction or replacement of a previously existing 445
structure. 446
Section 8. Paragraphs (a) and (b) of subsection (4) of 447
section 193.155, Florida Statutes, are amended to read: 448
193.155 Homestead assessments. —Homestead property shall be 449
assessed at just value as of January 1, 1994. Property receiving 450
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the homestead exemption after January 1, 1994, shall be assessed 451
at just value as of January 1 of the year in which the property 452
receives the exemption unless the provisions of subsection (8) 453
apply. 454
(4)(a) Except as provided in paragraph (b) and s. 193.624, 455
changes, additions, or improvements to homestead property shall 456
be assessed at just value as of the first January 1 after the 457
changes, additions, or improvements are substantially completed. 458
Maintenance or repair of the homestead property, including roof 459
or window replacement, may not be considered to be a change, an 460
addition, or an improvement under this subsection. 461
(b)1. Changes, additions, or improvements that replace all 462
or a portion of homestead property, including ancillary 463
improvements, damaged or destroyed by misfortune or calamity 464
shall be assessed upon substantial completion as provided in 465
this paragraph. Such assessment must be calculated using the 466
homestead property's assessed value as of the January 1 467
immediately before the date on which the damage or destruction 468
was sustained, subject to the assessment limitations in 469
subsections (1) and (2), when: 470
a. The square footage of the homestead property as changed 471
or improved does not exc eed 130 110 percent of the square 472
footage of the homestead property before the damage or 473
destruction; or 474
b. The total square footage of the homestead property as 475
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changed or improved does not exceed 2,000 1,500 square feet. 476
477
When a homestead property is e levated above the base flood 478
elevation within a special flood hazard area, the square footage 479
underneath the homestead property that is used only for parking, 480
storage, or access is not included when determining the total 481
square footage of the homestead pro perty as changed or improved 482
under this subparagraph. 483
2. The homestead property's assessed value must be 484
increased by the just value of that portion of the changed or 485
improved homestead property which is in excess of 130 110 486
percent of the square footage of the homestead property before 487
the damage or destruction or of that portion exceeding 2,000 488
1,500 square feet. 489
3. Homestead property damaged or destroyed by misfortune 490
or calamity which, after being changed or improved, has a square 491
footage of less than 100 percent of the homestead property's 492
total square footage before the damage or destruction shall be 493
assessed pursuant to subsection (5). 494
4. Changes, additions, or improvements assessed pursuant 495
to this paragraph must be reassessed pursuant to subse ction (1) 496
in subsequent years. This paragraph applies to changes, 497
additions, or improvements commenced within 5 years after the 498
January 1 following the damage or destruction of the homestead. 499
Section 9. Paragraph (b) of subsection (1) of section 500
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215.559, Florida Statutes, is amended to read: 501
215.559 Hurricane Loss Mitigation Program. —A Hurricane 502
Loss Mitigation Program is established in the Division of 503
Emergency Management. 504
(1) The Legislature shall annually appropriate $10 million 505
of the moneys authorized for appropriation under s. 506
215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the 507
division for the purposes set forth in this section. Of the 508
amount: 509
(b) Three million dollars in funds shall be used to 510
construct or retrofit facilities used as public hurricane 511
shelters. Each year the division shall prioritize the use of 512
these funds for projects included in the annual report of the 513
Shelter Development Re port prepared in accordance with s. 514
252.385(3). The division shall must give funding priority to 515
projects located in counties regional planning council regions 516
that have shelter deficits , projects that are publicly owned, 517
other than schools, and to projects that maximize the use of 518
state funds. 519
Section 10. Section 250.375, Florida Statutes, is amended 520
to read: 521
250.375 Medical officer authorization. —A servicemember 522
trained to provide medical care who is serving under the 523
direction of the Florid a National Guard State Surgeon and is 524
assigned to a military duty position and authorized by the 525
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Florida National Guard to provide medical care within the scope 526
of the servicemember's professional licensure by virtue of such 527
duty position may provide such medical care to military 528
personnel and civilians within this state physician who holds an 529
active license to practice medicine in any state, a United 530
States territory, or the District of Columbia, while serving as 531
a medical officer with or in support of the Florida National 532
Guard, pursuant to federal or state orders, may practice 533
medicine on military personnel or civilians during an emergency 534
or declared disaster or during federal military training . 535
Section 11. Paragraphs (y) through (dd) of subsection ( 2) 536
of section 252.35, Florida Statutes, are redesignated as 537
paragraphs (x) through (cc), respectively, and paragraphs (a), 538
(c), and (s) and present paragraph (x) of that subsection are 539
amended to read: 540
252.35 Emergency management powers; Division of Emer gency 541
Management.— 542
(2) The division is responsible for carrying out the 543
provisions of ss. 252.31 -252.90. In performing its duties, the 544
division shall: 545
(a) Prepare a state comprehensive emergency management 546
plan, which must shall be integrated into and coordinated with 547
the emergency management plans and programs of the Federal 548
Government. The division shall adopt the plan as a rule in 549
accordance with chapter 120. The plan must be implemented by a 550
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continuous, integrated comprehensive emergency management 551
program. The plan must contain provisions to ensure that the 552
state is prepared for emergencies and minor, major, and 553
catastrophic disasters, and the division shall work closely with 554
local governments and agencies and organizations with emergency 555
management responsibilities in preparing and maintaining the 556
plan. The state comprehensive emergency management plan must be 557
operations oriented and: 558
1. Include an evacuation component that includes specific 559
regional and interregional planning provisions and promo tes 560
intergovernmental coordination of evacuation activities. This 561
component must, at a minimum: contain guidelines for lifting 562
tolls on state highways; ensure coordination pertaining to 563
evacuees crossing county lines; set forth procedures for 564
directing people caught on evacuation routes to safe shelter; 565
establish strategies for ensuring sufficient, reasonably priced 566
fueling locations along evacuation routes; and establish 567
policies and strategies for emergency medical evacuations. 568
2. Include a shelter comp onent that includes specific 569
regional and interregional planning provisions and promotes 570
coordination of shelter activities between the public, private, 571
and nonprofit sectors. This component must, at a minimum: 572
contain strategies to ensure the availability of adequate public 573
shelter space in each county region of the state; establish 574
strategies for refuge -of-last-resort programs; provide 575
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strategies to assist local emergency management efforts to 576
ensure that adequate staffing plans exist for all shelters, 577
including medical and security personnel; provide for a 578
postdisaster communications system for public shelters; 579
establish model shelter guidelines for operations, registration, 580
inventory, power generation capability, information management, 581
and staffing; and set forth policy guidance for sheltering 582
people with special needs. 583
3. Include a postdisaster response and recovery component 584
that includes specific regional and interregional planning 585
provisions and promotes intergovernmental coordination of 586
postdisaster response and recovery activities. This component 587
must provide for postdisaster response and recovery strategies 588
according to whether a disaster is minor, major, or 589
catastrophic. The postdisaster response and recovery component 590
must, at a minimum: establ ish the structure of the state's 591
postdisaster response and recovery organization; establish 592
procedures for activating the state's plan; set forth policies 593
used to guide postdisaster response and recovery activities; 594
describe the chain of command during the postdisaster response 595
and recovery period; describe initial and continuous 596
postdisaster response and recovery actions; identify the roles 597
and responsibilities of each involved agency and organization; 598
provide for a comprehensive communications plan; estab lish 599
procedures for coordinating and monitoring statewide mutual aid 600
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agreements reimbursable under federal public disaster assistance 601
programs; provide for rapid impact assessment teams; ensure the 602
availability of an effective statewide urban search and re scue 603
program coordinated with the fire services; ensure the existence 604
of a comprehensive statewide medical care and relief plan 605
administered by the Department of Health; and establish systems 606
for coordinating volunteers and accepting and distributing 607
donated funds and goods. 608
4. Include additional provisions addressing aspects of 609
preparedness, response, recovery, and mitigation as determined 610
necessary by the division. 611
5. Address the need for coordinated and expeditious 612
deployment of state resources, incl uding the Florida National 613
Guard. In the case of an imminent major disaster, procedures 614
should address predeployment of the Florida National Guard, and, 615
in the case of an imminent catastrophic disaster, procedures 616
should address predeployment of the Florid a National Guard and 617
the United States Armed Forces. 618
6. Establish a system of communications and warning to 619
ensure that the state's population and emergency management 620
agencies are warned of developing emergency situations, 621
including public health emerge ncies, and can communicate 622
emergency response decisions. 623
7. Establish guidelines and schedules for annual exercises 624
that evaluate the ability of the state and its political 625
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subdivisions to respond to minor, major, and catastrophic 626
disasters and support l ocal emergency management agencies. Such 627
exercises shall be coordinated with local governments and, to 628
the extent possible, the Federal Government. 629
8. Assign lead and support responsibilities to state 630
agencies and personnel for emergency support function s and other 631
support activities. 632
9. Include the public health emergency plan developed by 633
the Department of Health pursuant to s. 381.00315. 634
10. Include an update on the status of the emergency 635
management capabilities of the state and its political 636
subdivisions. The update must include the emergency management 637
capabilities related to public health emergencies, as determined 638
in collaboration with the Department of Health. 639
640
The complete state comprehensive emergency management plan must 641
be submitted to the President of the Senate, the Speaker of the 642
House of Representatives, and the Governor on February 1 of 643
every even-numbered year. 644
(c) Assist political subdivisions in preparing and 645
maintaining emergency management plans. Such assistance must 646
include the development of a template for comprehensive 647
emergency management plans, including plans for natural 648
disasters, and guidance on the development of mutual aid 649
agreements. 650
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(s) Complete an inventory of disaster response equipment, 651
including portable generators owned by the state and local 652
governments which are capable of operating during a major 653
disaster. The inventory must identify, at a minimum, the 654
location of each generator, the number of generators stored at 655
each specific location, the agency to which e ach generator 656
belongs, the primary use of the generator by the owner agency, 657
and the names, addresses, and telephone numbers of persons 658
having the authority to loan the stored generators as authorized 659
by the division during a declared emergency. 660
(x) Report biennially to the President of the Senate, the 661
Speaker of the House of Representatives, the Chief Justice of 662
the Supreme Court, and the Governor, no later than February 1 of 663
every odd-numbered year, the status of the emergency management 664
capabilities of the state and its political subdivisions. This 665
report must include the emergency management capabilities 666
related to public health emergencies, as determined in 667
collaboration with the Department of Health. 668
Section 12. Subsection (4) of section 252.355, Florida 669
Statutes, is renumbered as subsection (5), paragraph (b) of 670
subsection (2) is amended, and a new subsection (4) is added to 671
that section, to read: 672
252.355 Registry of persons with special needs; notice; 673
registration program. — 674
(2) In order to ensure that all persons with special needs 675
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may register, the division shall develop and maintain a special 676
needs shelter registration program. During a public health 677
emergency in which physical distancing is necessary, as 678
determined by the State Health Offi cer, the division must 679
maintain information on special needs shelter options that 680
mitigate the threat of the spread of infectious diseases. 681
(b) To assist in identifying persons with special needs, 682
home health agencies, hospices, nurse registries, home me dical 683
equipment providers, the Department of Veterans' Affairs, the 684
Department of Children and Families, the Department of Health, 685
the Agency for Health Care Administration, the Department of 686
Education, the Agency for Persons with Disabilities, the 687
Department of Elderly Affairs, and memory disorder clinics 688
shall, and any physician licensed under chapter 458 or chapter 689
459 and any pharmacy licensed under chapter 465 may, annually 690
provide registration information to all of their special needs 691
clients or their caregivers. The Florida Housing Finance 692
Corporation shall enter into memoranda of understanding with the 693
Department of Elderly Affairs and with the Agency for Persons 694
with Disabilities to ensure special needs registration 695
information is provided to reside nts of low-income senior 696
independent living properties and independent living properties 697
for persons with intellectual or developmental disabilities 698
funded by the Florida Housing Finance Corporation, respectively. 699
The division shall develop a brochure that provides information 700
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regarding special needs shelter registration procedures. The 701
brochure must be easily accessible on the division's website. 702
All appropriate agencies and community -based service providers, 703
including aging and disability resource centers , memory disorder 704
clinics, home health care providers, hospices, nurse registries, 705
and home medical equipment providers, shall, and any physician 706
licensed under chapter 458 or chapter 459 may, assist emergency 707
management agencies by annually registering pe rsons with special 708
needs for special needs shelters, collecting registration 709
information for persons with special needs as part of the 710
program intake process, and establishing programs to educate 711
clients about the registration process and disaster prepared ness 712
safety procedures. A client of a state -funded or federally 713
funded service program who has a physical, mental, or cognitive 714
impairment or sensory disability and who needs assistance in 715
evacuating, or when in a shelter, must register as a person with 716
special needs. The registration program shall give persons with 717
special needs the option of preauthorizing emergency response 718
personnel to enter their homes during search and rescue 719
operations if necessary to ensure their safety and welfare 720
following disasters. 721
(4) The caregiver of a person with special needs who is 722
eligible for admission to a special needs shelter, and all 723
persons for whom he or she is the caregiver, shall be allowed to 724
shelter together in the special needs shelter. If a person with 725
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special needs is responsible for the care of persons without 726
special needs, those persons shall be allowed to use the special 727
needs shelter with the person with special needs. 728
Section 13. Subsections (3) through (6) of section 729
252.359, Florida Statutes, are amended to read: 730
252.359 Ensuring availability of emergency supplies. — 731
(3) The division, as a function of emergency preparation, 732
response, and recovery, may facilitate shall develop a system to 733
certify each person who facilitates the transport or 734
distribution of essentials in commerce. The division may not 735
certify a person other than a person who routinely transports or 736
distributes essentials. In developing the system, the division: 737
(a) may provide for a preemergency or postemer gency 738
transportation of essentials declaration certification . 739
(b) Shall allow the certification of an employer, if 740
requested by the employer, to constitute a certification of the 741
employer's employees. 742
(c) Shall create an easily recognizable indicium of 743
certification to assist local officials' efforts in determining 744
which persons have been certified under this subsection. 745
(d) Shall limit the duration of each certificate to no 746
more than 1 year. Each certificate may be renewed so long as the 747
criteria for certification are met. 748
(4) A person authorized to transport essentials or 749
employer certified under subsection (3) is not required to 750
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obtain any additional certification or fulfill any additional 751
requirement to transport or distribute essentials. 752
(5) Notwithstanding any curfew, restriction, road block, 753
quarantine, or other limitation on access to an area, a person 754
authorized or employer certified under subsection (3) to deliver 755
essentials may enter or remain in the restricted curfew area for 756
the limited purpose of facilitating the transport or 757
distribution of essentials and may provide service that exceeds 758
otherwise applicable hours of service maximums to the extent 759
authorized by a duly executed declaration of a state of 760
emergency. Local law enforcement shall cooperate with the 761
division to ensure the availability of essentials under this 762
section. 763
(6) This section does not prohibit a law enforcement 764
officer from specifying the permissible route of ingress or 765
egress for a person authorized certified under subsection (3). 766
Notwithstanding this section, all state roadways are determined 767
by the Florida Highway Patrol in coordination with the 768
Department of Transportation. 769
Section 14. Subsection (2) of section 252.3611, Florida 770
Statutes, is amended, and subsection (5) is added to that 771
section, to read: 772
252.3611 Transparency; audits. — 773
(2) If When the duration of a declaration of a state of an 774
emergency issued by the Governor exceeds 90 days: 775
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(a)1. The Executive Office of the Governor or the 776
appropriate agency, within 72 hours after of executing a 777
contract executed with moneys authorized for expenditure to 778
support the response to the declared state of emergency, must 779
the Executive Office of the Governor or the appropriate agency 780
shall submit a copy of such contract to the Legislature. For 781
contracts executed during the first 90 days of the declared 782
state of emergency, the Executive Office of the Governor or the 783
appropriate agency shall submit a copy to the Legislature within 784
the first 120 days of the declared state of emergency. 785
2. All contracts executed to support the response to a 786
declared state of emergency, including contracts executed before 787
a declared state of emergency to secure resources or services in 788
advance or anticipation of an emergency, must be posted on the 789
secure contract tracking system required under s. 215.985(14). 790
(b) The Executive Office of the Governor or the 791
appropriate agency shall submit monthly reports to the 792
Legislature of all state expenditures, revenues rec eived, and 793
funds transferred by an agency during the previous month to 794
support the declared state of emergency. 795
(5) Annually, by January 15, the division shall report to 796
the President of the Senate, the Speaker of the House of 797
Representatives, and the ch airs of the appropriations committee 798
of each house of the Legislature on expenditures related to 799
emergencies incurred over the year from November 1 of the 800
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previous year. The report must include: 801
(a) A separate summary of each emergency event, whether 802
complete or ongoing, and key actions taken by the division. 803
(b) Details of expenditures, separated by emergency event 804
and agency, for preparing for, responding to, or recovering from 805
the event. The report must specify detailed expenditures for the 806
entire report time period; specify total expenditures for the 807
event; and indicate amounts that are being or are anticipated to 808
be reimbursed by the Federal Emergency Management Agency or 809
other federal entity, amounts ineligible for reimbursement, and 810
any amounts deobligated by the Federal Emergency Management 811
Agency or other federal entity for reimbursement. The division 812
shall review expenditures by state agencies to ensure that 813
efforts, purchases, contracts, or expenditures are not 814
duplicated. 815
(c) An accounting o f all inventory and assets purchased, 816
separated by emergency event and agency, for preparing for, 817
responding to, or recovering from the event, including motor 818
vehicles, boats, computers, and other equipment, and the current 819
status of such assets, including divestment, sale, or donation 820
by the state. The report must include a detailed accounting for 821
the entire report time period and specify a total for the event. 822
Section 15. Subsection (4) of section 252.365, Florida 823
Statutes, is amended to read: 824
252.365 Emergency coordination officers; disaster -825
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preparedness plans.— 826
(4) On or before May 1 of each year, the head of each 827
agency shall notify the Governor and the division in writing of 828
the person initially designated as the emergency coordination 829
officer for such agency and her or his alternate and of any 830
changes in persons so designated thereafter. 831
Section 16. Paragraphs (c) and (d) of subsection (5) of 832
section 252.37, Florida Statutes, are redesignated as paragraphs 833
(d) and (e), respectively, a new p aragraph (c) is added to that 834
subsection, and subsection (7) is added to that section, to 835
read: 836
252.37 Financing.— 837
(5) Unless otherwise specified in the General 838
Appropriations Act: 839
(c) If the division intends to accept or apply for federal 840
funds for a division-administered program that is new, that will 841
be implemented in a manner that is innovative or significantly 842
different from the manner in which the program is typically 843
administered, or that will require a state match for which the 844
division will be required to seek new budget authority, the 845
division must notify the Legislature of its intent to accept or 846
apply for the federal funds. The notice must detail the federal 847
program under which the funds will be accepted or applied for, 848
the intended purpose and use of the funds, and the amount of 849
funds, including the estimated state match. 850
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(7) The division shall take steps to maximize the 851
availability and expedite the distribution of financial 852
assistance from the Federal Government to state and local 853
agencies. Such steps must include the standardization and 854
streamlining of the application process for financial assistance 855
through the federal Public Assistance Program and provision of 856
assistance to applicants in order to mitigate the risk of 857
noncompliance with federal program requirements. The division 858
shall use federal funds allocated as management costs or other 859
funds as appropriated to implement this subsection. 860
Section 17. Section 252.3713, Florida Statutes, is created 861
to read: 862
252.3713 Hazard Mitiga tion Grant Program.— 863
(1) The division shall administer the Hazard Mitigation 864
Grant Program as authorized and described in s. 404 of the 865
Robert T. Stafford Disaster Relief and Emergency Assistance Act, 866
as amended by Pub. L. No. 103 -181, Pub. L. No. 103 -337, and Pub. 867
L. No. 106-390. 868
(2) The division may retain no more than 25 percent of the 869
total federal allocation of funds received for use within the 870
state. A minimum of 75 percent of any funds received pursuant to 871
a declared disaster must be distributed for use by the 872
subrecipients in the counties specified in the Presidential 873
Disaster Declaration for that disaster. However, a subrecipient 874
may elect to share some or all of its allocation with the 875
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division to be used for projects benefiting the region in which 876
the subrecipient is loca ted. 877
(3) The division and subrecipients shall consider projects 878
that fulfill the following purposes when adopting mitigation 879
strategies and plans and applying for funds under the grant 880
program: 881
(a) Reducing shelter space deficits through retrofitting 882
of existing shelters and hardening of public buildings that are 883
not schools. Reducing deficits in shelter space intended to 884
accommodate individuals with special needs must be prioritized 885
before addressing deficits in other types of shelter space. 886
Additionally, general population shelters which are retrofitted 887
must also account for federal accessibility standards and state 888
accessibility standards in part I of ch apter 553. 889
(b) Mitigating impacts to public infrastructure, including 890
roads, bridges, and stormwater, water, and sewer systems, to 891
enhance resistance to natural hazards and prevent and reduce 892
losses. 893
(c) Mitigating impacts to school facilities which will 894
reduce future disaster losses and make the facilities more 895
resistant to natural hazards. 896
(d) Retrofitting of regional and local emergency 897
management or operations centers. 898
(e) Other projects that the division may define by rule. 899
(4) The division may coordinate with other state agencies 900
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and political subdivisions to develop and implement innovative 901
approaches to funding mitigation projects using grants under the 902
Hazard Mitigation Grant Program, including, but not limited to, 903
combining funding received from multiple federal and state 904
programs. The division, in cooperation with other state a gencies 905
that administer federal grant programs, shall ensure that: 906
(a) Projects funded through multiple programs comply with 907
all applicable federal and state requirements of the respective 908
programs under which funding was received. 909
(b) Funding is used for projects in the geographic areas 910
specified in the grant of funding. 911
(5) A fiscally constrained county may request that the 912
division administer the grant for such county. A fiscally 913
constrained county may request additional assistance from the 914
division in preparing applications for grants and developing a 915
structure for implementing, monitoring the execution of, and 916
closing out projects. 917
(6) The division shall adopt rules to implement this 918
section. 919
Section 18. Paragraph (a) of subsection (2) of se ction 920
252.373, Florida Statutes, is amended to read: 921
252.373 Allocation of funds; rules. — 922
(2) The division shall allocate funds from the Emergency 923
Management, Preparedness, and Assistance Trust Fund to local 924
emergency management agencies and programs p ursuant to criteria 925
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specified in rule. Such rules shall include, but are not limited 926
to: 927
(a) Requiring that, at a minimum, a local emergency 928
management agency either: 929
1. Have a program director who works at least 40 hours a 930
week in that capacity; or 931
2. If the county has fewer than 75,000 population or is 932
party to an interjurisdictional emergency management agreement 933
entered into pursuant to s. 252.38(3)(c) s. 252.38(3)(b), that 934
is recognized by the Governor by executive order or rule, have 935
an emergency management coordinator who works at least 20 hours 936
a week in that capacity. 937
Section 19. Paragraphs (a) and (b) of subsection (3) of 938
section 252.38, Florida Statutes, are redesignated as paragraphs 939
(b) and (c), respectively, a new paragraph (a) is add ed to that 940
subsection, and paragraph (a) of subsection (1) is amended, to 941
read: 942
252.38 Emergency management powers of political 943
subdivisions.—Safeguarding the life and property of its citizens 944
is an innate responsibility of the governing body of each 945
political subdivision of the state. 946
(1) COUNTIES.— 947
(a) In order to provide effective and orderly governmental 948
control and coordination of emergency operations in emergencies 949
within the scope of ss. 252.31 -252.90, each county within this 950
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state shall be within the jurisdiction of, and served by, the 951
division. Except as otherwise provided in ss. 252.31 -252.90, 952
each local emergency management agency shall have jurisdiction 953
over and serve an entire county. Unless part of an 954
interjurisdictional emergency managem ent agreement entered into 955
pursuant to paragraph (3)(c) (3)(b) which is recognized by the 956
Governor by executive order or rule, each county must establish 957
and maintain such an emergency management agency and shall 958
develop a county emergency management plan and program that is 959
coordinated and consistent with the state comprehensive 960
emergency management plan and program. Counties that are part of 961
an interjurisdictional emergency management agreement entered 962
into pursuant to paragraph (3)(c) (3)(b) which is recognized by 963
the Governor by executive order or rule shall cooperatively 964
develop an emergency management plan and program that is 965
coordinated and consistent with the state comprehensive 966
emergency management plan and program. 967
(3) EMERGENCY MANAGEMENT POWERS ; POLITICAL SUBDIVISIONS. — 968
(a) Each political subdivision shall notify the division 969
on or before May 1 each year of the person designated as the 970
emergency contact for the political subdivision and his or her 971
alternate and of any changes in persons so des ignated 972
thereafter. For a county, the emergency contact must be the 973
county emergency management director. 974
Section 20. Section 252.381, Florida Statutes, is created 975
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to read: 976
252.381 Information related to natural emergencies; 977
poststorm county and muni cipal permitting; operations. — 978
(1) Each county and municipality must post on its publicly 979
accessible website: 980
(a) A frequently asked questions web page related to 981
natural emergency response, emergency preparedness, and public 982
relief for residents follo wing an emergency. The web page must 983
answer questions concerning resident evacuations; safety tips; 984
generator, food and drinking water, and wastewater and 985
stormwater safety; damage assessment; debris cleanup; accessing 986
assistance through the Federal Emerge ncy Management Agency and 987
this state; building recovery; natural emergency guidance; 988
applicable laws; and what to do before, during, and after an 989
emergency. 990
(b) A disaster supply list and a list of emergency 991
shelters. 992
(c) Links to information about flood zones. 993
(d) A checklist for residents explaining next steps to 994
take during postdisaster recovery. 995
(e) Information specific to persons with disabilities, 996
including, but not limited to, guidelines for special needs 997
shelter registration; an explanati on of how to register for 998
special needs shelters and where to obtain assistance with that 999
process; guidelines as to the level of care that is or is not 1000
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provided at a special needs shelter as well as situations when 1001
either a general population shelter or ho spital should be 1002
considered; and any other postdisaster assistance or resources 1003
available to affected persons with disabilities impacted by a 1004
disaster. 1005
(2) Each county and municipality shall develop a poststorm 1006
permitting plan to expedite recovery and re building by providing 1007
for special building permit and inspection procedures after a 1008
hurricane or tropical storm. The plan must, at a minimum: 1009
(a) Ensure sufficient personnel are prepared and available 1010
to expeditiously manage postdisaster building inspect ion, 1011
permitting, and enforcement tasks. The plan must anticipate 1012
conditions that would necessitate supplemental personnel for 1013
such tasks and address methods for fulfilling such personnel 1014
needs, including through mutual aid agreements as authorized in 1015
s. 252.40, other arrangements, such as those with private sector 1016
contractors, or supplemental state or federal funding. The plan 1017
must include training requirements and protocols for 1018
supplemental personnel to ensure compliance with local 1019
floodplain management re quirements that apply within the county 1020
or municipality. 1021
(b) Account for multiple or alternate locations where 1022
building permit services may be offered in person to the public 1023
following a hurricane or tropical storm during regular business 1024
hours. 1025
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(c) Specify a protocol to expedite permitting procedures 1026
and, if practicable, for the waiver or reduction of applicable 1027
fees in accordance with and in addition to the procedures and 1028
waivers provided for under s. 553.7922. The plan must identify 1029
the types of permits that are frequently requested following a 1030
hurricane or tropical storm and methods to expedite the 1031
processing of such permits. 1032
(d) Specify procedures and resources necessary to promote 1033
expeditious debris removal following a hurricane or tropical 1034
storm. 1035
(3)(a) Each county and municipality shall publish on its 1036
website a hurricane and tropical storm recovery permitting guide 1037
for residential and commercial property owners. The guide must 1038
describe: 1039
1. The types of poststorm repairs that require a permit 1040
and applicable fees. 1041
2. The types of poststorm repairs that do not require a 1042
permit. 1043
3. The poststorm permit application process and specific 1044
modifications the county or municipality commonly makes to 1045
expedite the process, including the physical locat ions where 1046
permitting services will be offered. 1047
4. Local requirements for rebuilding specific to the 1048
county or municipality, including elevation requirements 1049
following substantial damage and substantial improvement 1050
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pursuant to the National Flood Insuranc e Program (NFIP) and any 1051
local amendments to the building code. 1052
(b) As soon as practicable following a hurricane or 1053
tropical storm, a county or municipality within the area for 1054
which a state of emergency pursuant to s. 252.36 for such 1055
hurricane or tropical storm is declared shall publish updates on 1056
its website to the information required under paragraph (a) 1057
which are specific to such storm, including any permitting fee 1058
waivers or reductions. 1059
(4) For 180 days after a state of emergency is declared 1060
pursuant to s. 252.36 for a hurricane or tropical storm, a 1061
county or municipality within the area for which the state of 1062
emergency is declared may not increase building permit or 1063
inspection fees. 1064
(5) On or before May 1, 2026, each county and municipality 1065
must provide an online option for receiving, reviewing, and 1066
accessing substantial damage and substantial improvement 1067
letters. The county or municipality must allow homeowners to 1068
provide an e-mail address where they can receive digital copies 1069
of such letters. 1070
(6) As soon as reasonably practicable following the 1071
landfall and passage of a hurricane or tropical storm, each 1072
county and municipality that has experienced a direct impact 1073
from a natural emergency must use its best efforts to open a 1074
permitting office at w hich residents can access government 1075
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services for at least 40 hours per week. 1076
(7) Beginning October 1, 2025, emergency management 1077
personnel of a county or municipality, and individuals who are 1078
designated to perform key roles in postdisaster response for a 1079
county or municipality, must complete the training provided by 1080
the division pursuant to s. 252.35 every 2 years. 1081
Section 21. Subsections (2) and (3) of section 252.385, 1082
Florida Statutes, are amended to read: 1083
252.385 Public shelter space; public records exemption.— 1084
(2)(a) The division shall administer a program to survey 1085
existing schools, universities, community colleges, and other 1086
state-owned, municipally owned, and county -owned public 1087
buildings and any private facility that the owner, in writi ng, 1088
agrees to provide for use as a public hurricane evacuation 1089
shelter to identify those that are appropriately designed and 1090
located to serve as such shelters. The owners of the facilities 1091
must be given the opportunity to participate in the surveys. The 1092
state university boards of trustees, district school boards, 1093
community college boards of trustees, and the Department of 1094
Education are responsible for coordinating and implementing the 1095
survey of public schools, universities, and community colleges 1096
with the division or the local emergency management agency. 1097
(b) By January 31 of each even -numbered year, the division 1098
shall prepare and submit a statewide emergency shelter plan to 1099
the Governor and Cabinet for approval, subject to the 1100
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requirements for approval in s. 1013.37(2). The emergency 1101
shelter plan must project, for each of the next 5 years, the 1102
hurricane shelter needs of the state, including periods of time 1103
during which a concurrent public health emergency may 1104
necessitate more space for each individual to a ccommodate 1105
physical distancing. In addition to information on the general 1106
shelter needs throughout this state, the plan must identify the 1107
general location and square footage of special needs shelters, 1108
by regional planning council region. The plan must also include 1109
information on the availability of shelters that accept pets. 1110
The Department of Health shall assist the division in 1111
determining the estimated need for special needs shelter space 1112
and the adequacy of facilities to meet the needs of persons with 1113
special needs based on information from the registries of 1114
persons with special needs and other information. 1115
(3)(a) The division shall annually provide by October 15 1116
to the Governor, the President of the Senate, and the Speaker of 1117
the House of Representative s a report that includes , and the 1118
Governor a list of facilities recommended to be retrofitted 1119
using state funds. State funds should be maximized and targeted 1120
to projects in counties regional planning council regions with 1121
hurricane evacuation shelter defici ts. Additionally, the 1122
division shall prioritize on the list of recommended facilities 1123
other state-owned, municipal-owned, and county-owned public 1124
buildings, other than schools, for retrofitting using state 1125
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funds. The owner or lessee of a public hurricane e vacuation 1126
shelter that is included on the list of facilities recommended 1127
for retrofitting is not required to perform any recommended 1128
improvements. 1129
(b) The report required in paragraph (a) must include a 1130
statewide emergency shelter plan that must project, for each of 1131
the next 5 years, the hurricane shelter needs of the state. In 1132
addition to information on the general shelter needs throughout 1133
this state, the plan must identify, by county, the general 1134
location and square footage of special needs shelters. Th e plan 1135
must also include information on the availability of shelters 1136
that accept pets. The Department of Health and the Agency for 1137
Persons with Disabilities shall assist the division in 1138
determining the estimated need for special needs shelter space, 1139
the estimated need for general shelter space to accommodate 1140
persons with developmental disabilities, including, but not 1141
limited to, autism, and the adequacy of facilities to meet the 1142
needs of persons with special needs based on information from 1143
the registries of persons with special needs and other 1144
information. 1145
Section 22. Section 252.421, Florida Statutes, is created 1146
to read: 1147
252.421 Management of roadway debris related to natural 1148
emergencies.—The division shall coordinate with fiscally 1149
constrained counties, as described in s. 218.67(1), included in 1150
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a declared state of emergency for a category 3 or higher 1151
hurricane and the Department of Transportation to provide such 1152
counties with state resources to remove debris from roadways, 1153
including roadways that are p ublicly accessible but not 1154
maintained by the county. 1155
Section 23. Section 252.422, Florida Statutes, is created 1156
to read: 1157
252.422 Restrictions on county or municipal regulations 1158
after a hurricane.— 1159
(1) As used in this section, the term "impacted loca l 1160
government" means a county listed in a federal disaster 1161
declaration located entirely or partially within 100 miles of 1162
the track of a storm declared to be a hurricane by the National 1163
Hurricane Center while the storm was categorized as a hurricane 1164
or a municipality located within such a county. 1165
(2) For 1 year after a hurricane makes landfall, an 1166
impacted local government may not propose or adopt: 1167
(a) A moratorium on construction, reconstruction, or 1168
redevelopment of any property. 1169
(b) A more restrictive or burdensome amendment to its 1170
comprehensive plan or land development regulations. 1171
(c) A more restrictive or burdensome procedure concerning 1172
review, approval, or issuance of a site plan, development 1173
permit, or development order, to the extent that those terms are 1174
defined in s. 163.3164. 1175
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(3) Notwithstanding subsection (2), a comprehensive plan 1176
amendment, land development regulation amendment, site plan, 1177
development permit, or development order approved or adopted by 1178
an impacted local governme nt before or after the effective date 1179
of this act may be enforced if: 1180
(a) The associated application is initiated by a private 1181
party other than the impacted local government and the property 1182
that is the subject of the application is owned by the 1183
initiating private party; 1184
(b) The proposed comprehensive plan amendment was 1185
submitted to reviewing agencies pursuant to s. 163.3184 before 1186
landfall; or 1187
(c) The proposed comprehensive plan amendment or land 1188
development regulation is approved by the state land p lanning 1189
agency pursuant to s. 380.05. 1190
(4)(a) Any person may file suit against any impacted local 1191
government for declaratory and injunctive relief to enforce this 1192
section. 1193
(b) A county or municipality may request a determination 1194
by a court of competent jurisdiction as to whether such action 1195
violates this section. Upon such a request, the county or 1196
municipality may not enforce the action until the court has 1197
issued a preliminary or final judgment determining whether the 1198
action violates this section. 1199
(c) Before a plaintiff may file suit, the plaintiff shall 1200
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notify the impacted local government by setting forth the facts 1201
upon which the complaint or petition is based and the reasons 1202
the impacted local government's action violates this section. 1203
Upon receipt of the notice, the impacted local government shall 1204
have 14 days to withdraw or revoke the action at issue or 1205
otherwise declare it void. If the impacted local government does 1206
not withdraw or revoke the action at issue within the time 1207
prescribed, the plaintif f may file suit. The plaintiff shall be 1208
entitled to entry of a preliminary injunction to prevent the 1209
impacted local government from implementing the challenged 1210
action during pendency of the litigation. In any action 1211
instituted pursuant to this paragraph, t he prevailing plaintiff 1212
shall be entitled to reasonable attorney fees and costs. 1213
(d) In any case brought under this section, any party is 1214
entitled to the summary procedure provided in s. 51.011, and the 1215
court shall advance the cause on the calendar. 1216
Section 24. Section 252.505, Florida Statutes, is created 1217
to read: 1218
252.505 Breach of contract during emergency recovery 1219
periods for natural emergencies. —Each state or local government 1220
contract for goods or services related to emergency response for 1221
a natural emergency entered into, renewed, or amended on or 1222
after July 1, 2025, must include a provision that requires a 1223
vendor or service provider that breaches such contract during an 1224
emergency recovery period to pay actual and consequential 1225
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damages and a $5,000 penalty. As used in this section, the term 1226
"emergency recovery period" means a 1 -year period that begins on 1227
the date that the Governor initially declared a state of 1228
emergency for a natural emergency. 1229
Section 25. Subsection (1) of section 400.063, F lorida 1230
Statutes, is amended to read: 1231
400.063 Resident protection. — 1232
(1) The Health Care Trust Fund shall be used for the 1233
purpose of collecting and disbursing funds generated from the 1234
license fees and administrative fines as provided for in ss. 1235
393.0673(5), 400.062(3), 400.121(2), and 400.23(8). Such funds 1236
shall be for the sole purpose of paying for the appropriate 1237
alternate placement, care, and treatment of residents who are 1238
removed from a facility licensed under this part or a facility 1239
specified in s. 393.0678(1) in which the agency determines that 1240
existing conditions or practices constitute an immediate danger 1241
to the health, safety, or security of the residents. If the 1242
agency determines that it is in the best interest of the health, 1243
safety, or security of the residents to provide for an orderly 1244
removal of the residents from the facility, the agency may 1245
utilize such funds to maintain and care for the residents in the 1246
facility pending removal and alternative placement. The 1247
maintenance and care of the resid ents shall be under the 1248
direction and control of a receiver appointed pursuant to s. 1249
393.0678(1) or s. 400.126(1). However, funds may be expended in 1250
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an emergency upon a filing of a petition for a receiver, upon 1251
the declaration of a state of local emergency pursuant to s. 1252
252.38(3)(b)5. s. 252.38(3)(a)5., or upon a duly authorized 1253
local order of evacuation of a facility by emergency personnel 1254
to protect the health and safety of the residents. 1255
Section 26. Subsection (7) of section 403.7071, Florida 1256
Statutes, is amended, and subsection (8) is added to that 1257
section, to read: 1258
403.7071 Management of storm -generated debris.—Solid waste 1259
generated as a result of a storm event that is the subject of an 1260
emergency order issued by the department may be managed as 1261
follows: 1262
(7) Unless otherwise specified in a contract or franchise 1263
agreement between a local government and a private solid waste 1264
or debris management service provider, a private solid waste or 1265
debris management service provider is not required to collect 1266
storm-generated yard trash , debris, or waste. Local governments 1267
are authorized and encouraged to add an addendum to existing 1268
contracts or franchise agreements for collection of storm -1269
generated debris. 1270
(8)(a) Each county and municipality shall apply to the 1271
department for authorization of at least one debris management 1272
site as described in subsection (2) and shall annually seek 1273
preauthorization for any previously approved debris management 1274
sites, as allowed by the department. 1275
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(b) A municipality may join tly apply for authorization of 1276
a debris management site with a county or at least one adjacent 1277
municipality, if the parties develop and approve a memorandum of 1278
understanding. Such memorandum must clearly outline the capacity 1279
of the debris management site a nd location of the site relative 1280
to each party. The memorandum of understanding must be approved 1281
annually as part of the preauthorization process described in 1282
paragraph (a). 1283
Section 27. Section 489.1132, Florida Statutes, is created 1284
to read: 1285
489.1132 Regulation of hoisting equipment used in 1286
construction, demolition, or excavation work during a 1287
hurricane.— 1288
(1) As used in this section, the term: 1289
(a) "Hoisting equipment" means power -operated cranes, 1290
derricks, and hoists used in construction, demoliti on, or 1291
excavation work that are regulated by the Occupational Safety 1292
and Health Administration. 1293
(b) "Mobile crane" means a type of hoisting equipment 1294
incorporating a cable -suspended latticed boom or hydraulic 1295
telescoping boom designed to be moved between operating 1296
locations by transport over a roadway. The term does not include 1297
a mobile crane with a boom length of less than 25 feet or a 1298
maximum rated load capacity of less than 15,000 pounds. 1299
(c) "Tower crane" means a type of hoisting equipment using 1300
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a vertical mast or tower to support a working boom in an 1301
elevated position if the working boom can rotate to move loads 1302
laterally either by rotating at the top of the mast or tower or 1303
by the rotation of the mast or tower itself, whether the mast or 1304
tower base is fixed in one location or ballasted and moveable 1305
between locations. 1306
(2)(a) When a tower crane or mobile crane is located on a 1307
worksite, a hurricane preparedness plan for the crane must be 1308
available for inspection at the worksite. 1309
(b) In preparation for a hurricane, hoisting equipment 1310
must be secured in the following manner no later than 24 hours 1311
before the impacts of the hurricane are anticipated to begin: 1312
1. All hoisting equipment must be secured in compliance 1313
with manufacturer recommendations rel ating to hurricane and 1314
high-wind events, including any recommendations relating to the 1315
placement, use, and removal of advertising banners and rigging. 1316
2. Tower crane turntables must be lubricated before the 1317
event. 1318
3. Fixed booms on mobile cranes must b e laid down whenever 1319
feasible. 1320
4. Booms on hydraulic cranes must be retracted and stored. 1321
5. The counterweights of any hoists must be locked below 1322
the top tie-in. 1323
6. Tower cranes must be set in the weathervane position. 1324
7. All rigging must be remov ed from hoist blocks. 1325
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8. All power at the base of tower cranes must be 1326
disconnected. 1327
(3) A person licensed under this part who intentionally 1328
violates this section is subject to discipline under ss. 455.227 1329
and 489.129. 1330
Section 28. Subsection (6) of section 553.902, Florida 1331
Statutes, is amended to read: 1332
553.902 Definitions. —As used in this part, the term: 1333
(6) "Renovated building" means a residential or 1334
nonresidential building undergoing alteration that varies or 1335
changes insulation, HVAC systems, water heating systems, or 1336
exterior envelope conditions, if the estimated cost of 1337
renovation exceeds 30 percent of the assessed value of the 1338
structure. However, if the alteration is a result of a natural 1339
disaster that is the subject of a declaration of a st ate of 1340
emergency by the Governor, the estimated cost of renovation must 1341
exceed 75 percent of the fair market value of the building 1342
before the natural disaster. 1343
Section 29. The Division of Emergency Management shall 1344
consult with local governments, the D epartment of Business and 1345
Professional Regulation, the Department of Environmental 1346
Protection, and any other appropriate agencies to develop 1347
recommendations for statutory changes necessary to streamline 1348
the permitting process for repairing and rebuilding s tructures 1349
damaged during natural emergencies. By July 1, 2026, the 1350
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division shall provide a report containing such recommendations 1351
to the President of the Senate and the Speaker of the House of 1352
Representatives. 1353
Section 30. (1) Each county listed in t he Federal 1354
Disaster Declaration for Hurricane Debby (DR -4806), Hurricane 1355
Helene (DR-4828), or Hurricane Milton (DR -4834), and each 1356
municipality within one of those counties, may not propose or 1357
adopt any moratorium on construction, reconstruction, or 1358
redevelopment of any property damaged by such hurricanes; 1359
propose or adopt more restrictive or burdensome amendments to 1360
its comprehensive plan or land development regulations; or 1361
propose or adopt more restrictive or burdensome procedures 1362
concerning review, appro val, or issuance of a site plan, 1363
development permit, or development order, to the extent that 1364
those terms are defined by s. 163.3164, Florida Statutes, before 1365
October 1, 2027, and any such moratorium or restrictive or 1366
burdensome comprehensive plan amendmen t, land development 1367
regulation, or procedure shall be null and void ab initio. This 1368
subsection applies retroactively to August 1, 2024. 1369
(2) Notwithstanding subsection (1), any comprehensive plan 1370
amendment, land development regulation amendment, site plan , 1371
development permit, or development order approved or adopted by 1372
a county or municipality before or after the effective date of 1373
this act may be enforced if: 1374
(a) The associated application is initiated by a private 1375
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party other than the county or municipa lity. 1376
(b) The property that is the subject of the application is 1377
owned by the initiating private party. 1378
(3)(a) A resident of or the owner of a business in a 1379
county or municipality may bring a civil action for declaratory 1380
and injunctive relief against t he county or municipality for a 1381
violation of this section. Pending adjudication of the action 1382
and upon filing of a complaint showing a violation of this 1383
section, the resident or business owner is entitled to a 1384
preliminary injunction against the county or m unicipality 1385
preventing implementation of the moratorium or the comprehensive 1386
plan amendment, land development regulation, or procedure. If 1387
such civil action is successful, the resident or business owner 1388
is entitled to reasonable attorney fees and costs. 1389
(b) Attorney fees and costs and damages may not be awarded 1390
pursuant to this subsection if: 1391
1. The resident or business owner provides the governing 1392
body of the county or municipality written notice that a 1393
proposed or enacted moratorium, comprehensive pla n amendment, 1394
land development regulation, or procedure is in violation of 1395
this section; and 1396
2. The governing body of the county or municipality 1397
withdraws the proposed moratorium, comprehensive plan amendment, 1398
land development regulation, or procedure wit hin 14 days; or, in 1399
the case of an adopted moratorium, comprehensive plan amendment, 1400
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land development regulation, or procedure, the governing body of 1401
a county or municipality notices an intent to repeal within 14 1402
days after receipt of the notice and repeal s the moratorium, 1403
comprehensive plan amendment, land development regulation, or 1404
procedure within 14 days thereafter. 1405
(4) This section expires June 30, 2028. 1406
Section 31. The Division of Law Revision is directed to 1407
replace the phrase "the effective dat e of this act" wherever it 1408
occurs in this act with the date this act becomes a law. 1409
Section 32. This act shall take effect upon becoming a 1410
law. 1411