Florida 2025 2025 Regular Session

Florida House Bill H1535 Analysis / Analysis

Filed 04/11/2025

                    STORAGE NAME: h1535c.TED 
DATE: 4/11/2025 
 	1 
      
FLORIDA HOUSE OF REPRESENTATIVES 
BILL ANALYSIS 
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent. 
BILL #: CS/CS/HB 1535 
TITLE: Emergencies 
SPONSOR(S): McFarland 
COMPANION BILL: CS/CS/SB 180 (DiCeglie) 
LINKED BILLS: None 
RELATED BILLS: None 
Committee References 
 Natural Resources & Disasters 
17 Y, 0 N, As CS 
Transportation & Economic 
Development Budget 
10 Y, 0 N, As CS 

State Affairs 
 
 
SUMMARY 
 
Effect of the Bill: 
The bill amends various provisions related to emergency management to improve the state’s ability to respond to 
and recover from natural emergencies, including hurricanes. The bill requires each county and municipality to post 
certain information pertaining to storm preparation and recovery online, including a post-storm permitting plan 
and recovery guide. It requires local government personnel who perform key post-disaster response activities to 
complete a training every two years. The bill requires the Division of Emergency Management (DEM) to assist local 
governments by creating a template for emergency management plans and guidance on the creation of mutual aid 
agreements. The bill creates new provisions relating to debris removal, including requiring DEM to assist fiscally 
constrained counties with debris removal from roadways after hurricanes that are Category 3 or higher. The bill 
amends provisions related to shelters to ensure shelter needs are addressed at the county level. The bill prohibits 
certain local government actions post-hurricane that place a moratorium or other restrictions on development and 
creates a statewide substantial improvement lookback period for purposes of the National Flood Insurance 
Program. The bill also updates emergency election procedures, including provisions relating to early voting, voting-
by-mail, ballot intake stations, and poll worker requirements. 
 
Fiscal or Economic Impact: 
This bill creates new responsibilities and requirements for DEM, the Department of State, the Department of 
Transportation, local governments, and supervisors of elections relating to emergency preparedness and response.  
The impact of these provisions is indeterminate. This bill contains no appropriations and it is anticipated that any 
workload or need for increased expenditures will be absorbed within existing department or local operational 
resources. 
 
  
JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 
ANALYSIS 
EFFECT OF THE BILL: 
Emergency Management 
The bill amends various provisions related to emergency management. Specifically, the bill requires the Division of 
Emergency Management (DEM) to: 
 Develop a template for comprehensive emergency management plans, including plans for natural disasters, 
and guidance on the development of mutual aid agreements as part of its efforts to assist local governments 
in preparing for emergencies. (Section 11) 
 Complete an inventory of disaster response equipment, including portable generators, owned by the state 
and local governments. (Section 11) 
 Take steps to maximize the availability and expedite the distribution of financial assistance from the 
federal government to state and local agencies. (Section 1616) 
  JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	2 
The bill requires each county and municipality to post certain information related to emergency response and 
preparation on its publicly accessible website, including: 
 A frequently asked questions related to natural emergency response, emergency preparedness, and public 
relief for residents following an emergency.  
 A disaster supply list and a list of emergency shelters.  
 Links to information about flood zones.  
 A checklist for residents explaining the next steps to take during post-disaster recovery.  
 Information specific to persons with disabilities, including but not limited to, guidelines for special needs 
shelter registration and post disaster assistance or resources available to persons with disabilities 
impacted by a disaster. (Section 20) 
 
Beginning October 1, 2025, the bill requires the emergency management personnel of each county or municipality 
and individuals who are designated to perform key roles in post-disaster response to complete training provided 
by DEM every two years. (Section 20) 
 
To facilitate coordination with DEM, the bill requires each agency emergency coordination officer and each local 
government emergency contact, which includes the county emergency management director, to be identified by 
May 1 annually. (Sections 1515 and 19) 
 
The bill requires all state and local government contracts for goods or services related to emergency response 
entered into, renewed, or amended on or after July 1, 2025, include a provision that, upon breach during an 
emergency recovery period, the contractor is required to pay actual and consequential damages and a $5,000 
penalty. The bill defines “emergency recovery period” as the one-year period that begins on the date that the 
Governor initially declared a state of emergency for a natural emergency. (Section 2424) 
 
Debris Management  
The bill creates several new provisions related to debris management. Specifically, the bill: 
 Requires DEM to coordinate with fiscally constrained counties included within a declared state of 
emergency for a major hurricane – Category 3 or higher - and the Department of Transportation (DOT) to 
remove debris from roadways, including roadways that are publicly accessible but not maintained by the 
county. (Section 2222) 
 Encourages local governments to add an addendum to existing solid waste contracts or franchise 
agreements for the collection of storm-generated debris. (Section 2626) 
 Requires each county and municipality to apply to the Department of Environmental Protection (DEP) for 
authorization for at least one debris management site and annually seek preauthorization for such site. The 
bill allows a municipality to jointly apply with a county or an adjacent municipality if the parties develop 
and approve a memorandum of understanding. (Section 2626) 
 
Hoisting Equipment and Crane Safety 
When a tower or mobile crane is on a worksite, the bill requires a hurricane preparedness plan for that crane to be 
available for inspection. The bill provides emergency procedures and practices for hoisting devices and tower 
cranes that must occur 24 hours before the anticipated impacts of a hurricane. Finally, it provides that a contractor 
who violates these safety provisions is subject to discipline by the Department of Business and Professional 
Regulation (DBPR). (Section 2727)  
 
Rebuild and Repair 
The bill lays out several new provisions that address repair and rebuilding after a natural disaster. The bill:  
 Requires each county and municipality to develop a post-storm permitting plan to expedite recovery and 
rebuilding by providing for special building permit and inspection procedures after a hurricane or tropical 
storm. The plan must ensure sufficient personnel are prepared and available for building inspection, 
permitting, and enforcement tasks; account for multiple or alternate locations where building permit  JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	3 
services may be offered; and specify a protocol to expedite permits and, if practicable, for the waiver or 
reduction of fees. (Section 20) 
 Requires each county and municipality to publish a hurricane and tropical storm recovery permitting guide 
to assist homeowners in determining the types of post-storm repairs that require a permit, the types of 
repairs that do not require a permit, and the permitting process. (Section 20) 
 Prohibits a county or municipality within an area where a state of emergency for a hurricane or tropical 
storm has been declared from increasing a building permit or inspection fee for 180 days. (Section 20)  
 Requires DEM to consult with local governments, DBPR, DEP, and any other appropriate agencies to 
develop recommendations for statutory changes necessary to streamline the permitting process for 
repairing and rebuilding structures damaged during natural emergencies. These recommendations must be 
presented to the President of the Senate and the Speaker of the House of Representatives by July 1, 2026. 
(Section 27) 
 Prevents a local government, school district, or special district from assessing an impact fee for the 
reconstruction or replacement of a previously existing structure if the replacement structure is of the same 
land use as the original structure and does not increase the impact on public facilities beyond that of the 
original structure. However, if the replacement structure increases the demand on public facilities due to a 
significant increase in size, intensity, or capacity of use, a local government, school district, or special 
district may assess an impact fee in an amount proportional to the difference in the demand between the 
replacement structure and the original structure. Any such fee must be reasonably connected to, or have a 
rational nexus with, the need for additional capital facilities and the increased impact generated by the 
reconstruction or replacement of a previously existing structure. (Section 7)  
 Requires each county and municipality directly impacted by a natural emergency to open a permitting 
office as soon as reasonably practicable following the landfall and passage of a hurricane or tropical storm 
where residents can access government services for at least 40 hours per week. (Section 20)  
 No later than May 1, 2026, requires each county and municipality to provide an online option for receiving, 
reviewing, and accessing substantial damage and substantial improvement letters. The county or 
municipality must allow a homeowner to provide an email address to obtain these digital copies. (Section 
20) 
 Revises the term “renovated building” to provide that the estimated costs of a renovation must exceed 75 
percent of the fair market value of the building prior to the natural disaster before a home must be rebuilt 
to current thermal efficiency standards if the damage is the result of a declared state of emergency. (Section 
28)  
 
For homestead property assessments for homes that have been damaged or destroyed by misfortune or calamity, 
the bill provides that maintenance or repair of the homestead property, including roof or window replacement, 
may not be considered a change, an addition, or an improvement. It also provides that the assessment should 
remain at the property’s assessed value as of the January 1 immediately before the date on which the property was 
damaged or destroyed when the square footage as changed or improved does not exceed 130 percent of the square 
footage before the damage or destruction or the total square footage does not exceed 2,000 square feet, rather than 
110 percent and 1,500 square feet. When a homestead property is elevated above the base flood elevation within a 
special flood hazard area, the square footage underneath the homestead property that is used solely for parking, 
storage, or access is not included when determining the total square footage of the homestead property. (Section 8) 
 
For a local government that is participating in the National Flood Insurance Program (NFIP), the bill provides that 
the local government may not adopt a cumulative substantial improvement period (also known as “lookback” 
period”) that is longer than one year. The bill defines “cumulative substantial improvement period” as the period 
during which an aggregate of improvements or repairs are considered for purposes of determining substantial 
improvement. (Section 6)   
 
For one year after a hurricane makes landfall, the bill prohibits a county listed in a federal disaster declaration, or a 
municipality located within such a county, located entirely or partially within 100 miles of a hurricane’s track from 
proposing or adopting: 
 A moratorium on construction, reconstruction, or redevelopment of any property; 
 A more restrictive or burdensome amendment to its comprehensive plan or land development regulations; 
or  JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
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 A more restrictive or burdensome procedure concerning review, approval, or issuance of a site plan, 
development permit, or development order. (Section 2323) 
 
The bill provides the following exceptions to the above prohibition:  
 If the associated application is initiated by a private party other than the impacted local government and 
the property is owned by the initiating private party;  
 If the proposed comprehensive plan amendment was submitted to reviewing agencies before landfall; or 
 If the proposed comprehensive plan amendment or land development regulation is approved by the state 
land planning agency (related to areas of critical state concern). (Section 23) 
 
If these provisions are not followed, the bill provides a procedure for a person to file suit against a local 
government for declaratory and injunctive relief. Before a plaintiff can sue, however, the plaintiff must provide the 
local government 14 days to withdraw or revoke the action or otherwise declare it void. Ultimately, if the matter is 
resolved after a suit, the prevailing plaintiff is entitled to reasonable attorney fees and costs. (Section 2323)  
 
For Hurricane Debby, Hurricane Helene, and Hurricane Milton, the bill provides similar prohibitions on 
construction moratoriums and burdensome or restrictive comprehensive plan amendments. The provisions apply 
until October 1, 2027, and are applied retroactively to August 1, 2024. (Section 30) 
 
Shelters 
The bill provides that for purposes of the Hurricane Loss Mitigation Program, DEM must prioritize the use of funds 
for shelters located in counties, rather than regional planning councils, that have a shelter deficit, and for projects 
that are publicly owned, other than schools. (Section 9) 
 
The bill requires the state comprehensive emergency management plan to include a shelter component that, at a 
minimum, contains strategies to ensure the availability of adequate public shelter space in each county, rather than 
in each region of the state. (Section 11) 
 
The bill adds the Department of Veterans’ Affairs to the list of entities that must provide registry information to 
their special needs clients or caregivers. The bill also requires the Florida Housing Finance Corporation to enter 
into a memorandum of understanding with the Department of Elder Affairs and with the Agency for Persons with 
Disabilities to ensure special needs registry information is provided to residents of low income senior independent 
living facilities and independent living properties for persons with intellectual or developmental disabilities. 
(Section 12) 
 
The bill provides that a caregiver of a person with special needs who is eligible for admission to a special needs 
shelter, and all persons for whom he or she is the caregiver, must be allowed to shelter together in the special 
needs shelter. If a person with special needs is responsible for the care of an individual without special needs, both 
must be allowed to use the special needs shelter. (Section 12) 
 
The bill requires DEM to submit a shelter report to the Governor and Legislature annually, rather than biennially, 
that projects the shelter needs of the state for the next five years. It requires the Department of Health and the 
Agency for Persons with Disabilities to assist DEM with the report in determining the estimated need for special 
needs shelter space, including space to accommodate persons with developmental disabilities such as autism. 
(Section 21) 
 
Transportation of Emergency Supplies 
The bill revises provisions related to the transportation of emergency supplies to provide that DEM, as a function 
of emergency preparation, response, and recovery, may facilitate the transport or distribution of essentials in 
commerce. DEM may provide for a preemergency or postemergency authorization for the transport of essentials. 
The authorization allows for the delivery of essentials in restricted areas. The bill also provides that local law 
enforcement must cooperate with DEM to ensure the availability of essentials. (Section 13) 
 
Hazard Mitigation Grant Program  JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
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The bill provides that DEM must administer the Hazard Mitigation Grant Program as authorized and described by 
the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act. The bill provides that DEM may not 
retain more than 25 percent of the total federal allocation of funds received. A minimum of 75 percent of the funds 
must be distributed to the subrecipients in the counties specified in the Presidential Disaster Declaration for that 
disaster. However, the bill allows a subrecipient to elect to share some or all of its allocation with DEM to be used 
for projects benefiting the region. The bill provides that DEM and subrecipients must consider projects that reduce 
shelter space deficits; mitigate impacts to public infrastructure; mitigate impacts to school facilities; retrofit 
regional and local emergency management or operations centers; or that are identified by DEM rule. (Section 
1717) 
 
Financing 
The bill provides that if DEM intends to accept or apply for federal funds for a DEM-administered program that is 
new, that will be implemented in a manner that is innovative or significantly different from the manner in which 
the program is typically administered, or that will require a state match for which DEM will be required to seek 
new budget authority, DEM must notify the Legislature of its intent to accept or apply for the federal funds. 
(Section 1616) 
 
Audits 
The bill amends provisions relating to audits of emergency management expenditures. The bill requires all 
contracts executed to support the response to a declared state of emergency to be posted on the secure contract 
tracking system. It also requires DEM, annually by January 15, to report to the Legislature on the expenditures 
related to emergencies incurred over the past year, including a summary of the event, detailed expenditures, and 
an accounting of all inventory and assets purchased. (Section 1414) 
 
Medical Officer Authorization 
The bill provides that a servicemember trained to provide medical care who is serving under the direction of the 
Florida National Guard State Surgeon and is assigned to a military duty position and authorized by the Florida 
National Guard to provide medical care within the scope of the servicemember’s professional licensure by virtue of 
such duty position may provide such care to military personnel and civilians within the state. (Section 10) 
 
Access to Unusable Property 
The bill provides that when a rented premise is damaged or destroyed so that the enjoyment of the premise is 
substantially impaired, other than by wrongful or negligent act of the tenant, the tenant must be given an 
opportunity to collect his or her belongings or notice of a date by which the tenant will be able to do so.  
(Section 1) 
 
Emergency Elections Procedures 
The bill provides additional flexibility to county supervisors of elections (supervisors) in responding to a natural 
emergency that occurs within 60 days of an election. If the Governor declares a state of emergency for a natural 
emergency within that period, the bill provides that a supervisor within an affected area, as designated in the 
declaration, may request approval from the Secretary of State (Secretary) to take the following actions as needed: 
 Change the location of designated early voting sites; the supervisor must notify the Division of Elections 
(division) within the Department of State (DOS) of the new address of each early voting site and the hours 
during which early voting will occur at each site. 
 Designate early voting sites at a location type not specifically authorized in law. 
 Allow early voting to occur the day before the election. 
 Allow election day voting to occur at early voting sites. 
 Designate additional secure ballot intake stations; the supervisor must immediately notify the division of 
the location of the additional secure ballot intake stations. 
 Send a vote-by-mail (VBM) ballot to a voter who requests a ballot: 
o By a written request that lacks a voter’s signature or by a method other than the voter’s written 
request. 
o To an address other than the address listed in the statewide voter registration system. 
o By forwardable mail (instead of the current requirement that it be by non-forwardable mail). 
o As soon as practicable, rather than within two business days after receiving a request.  JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
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 Appoint poll workers who have not met the standard poll worker training requirements if the supervisor 
finds that a shortage of poll workers exists within the county and each available poll worker received, at a 
minimum, the requisite training within two years preceding the election. 
 Suspend the requirement that each poll worker be a registered (or preregistered) voter of the county in 
which the member is appointed, and allow supervisors to appoint poll workers who are registered voters 
of the state but not of the impacted county. (Section 3) 
 
The Secretary must approve or deny the requests in writing within 36 hours after receipt of a request. If the 
Secretary fails to approve or deny a request within the 36-hour period, the request is deemed approved. The 
Secretary must publish each response on the DOS website. (Section 3) 
 
The bill requires the supervisor to use any method necessary to inform affected voters of changes to elections 
made under the emergency powers granted in the bill. (Section 3)  
 
The bill modifies the statewide election emergency contingency plan to specifically include procedures for 
responding to emergencies generally, rather than just procedures addressing the suspension or delay of an 
election. The bill reorganizes but maintains the provisions of current law related to election procedures after the 
suspension, delay, or rescheduling of an election and adds the following requirements for the contingency plan:  
 Ensure that necessary parties are notified of any changes impacting an election that has been affected by an 
emergency. 
 Ensure that an election that has been affected by an emergency is conducted in a safe and orderly manner. 
 Determine the safety of existing polling places or designated additional polling places in coordination with 
the appropriate emergency management officials. 
 Release and certify returns to the division for elections affected by an emergency. 
 Coordinate efforts between supervisors in affected and unaffected counties to ensure voting opportunities 
for affected voters, including ensuring the delivery of VBM ballots to law enforcement officers, military 
personnel, first responders, and utility line workers. (Section 4) 
 
The bill also requires each supervisor to develop, in consultation with local emergency management officials, a 
local election emergency contingency plan. The plan must be submitted to the division by May 1 of every odd-
numbered year and the division must determine whether each plan is sufficient by May 30. (Section 4) 
 
The bill requires the Secretary, in coordination with the supervisors, to develop an election emergency training 
program; the training must be updated at least once every four years. This training is required for newly elected or 
appointed supervisors and any critical staff, as determined by the supervisor. Additionally, the bill requires the 
Secretary to convene a workgroup to create a list of best practices for conducting an election during an emergency 
by June 1 of every odd-numbered year. The workgroup must include at least 10 current supervisors and, to aid in 
the development of the best practices, must participate in tabletop simulation exercises
1 involving election 
emergency scenarios. (Section 5) 
 
Using the best practices developed by the workgroup, the Secretary must incorporate practices applicable to all 
counties into the statewide election emergency contingency plan and recommend practices applicable to specific 
counties to the appropriate supervisor for inclusion in the supervisor's local election emergency  
contingency plan. (Section 5) 
 
Effective Date 
The bill will take effect upon becoming a law. (Section 3232) 
 
RULEMAKING:  
The bill requires the Department of State to adopt rules to develop criteria to determine whether a local election 
emergency contingency plan is sufficient.  
  
                                                            
1
 This bill defines "tabletop exercise" as “a session in which participants are guided through possible scenarios and discuss 
their roles and responsibilities if such a scenario occurs, as well as how they would respond to such a scenario.”  JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	7 
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive 
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must 
have a grant of rulemaking authority and a law to implement. 
 
FISCAL OR ECONOMIC IMPACT:  
STATE GOVERNMENT:  
The bill requires DEM to develop a template for comprehensive emergency management plans, including plans for 
natural disasters, and guidance on the development of mutual aid agreements as part of its efforts to assist local 
governments in preparing for emergencies. The fiscal impact of this provision is indeterminate but is expected to 
be absorbed within existing department resources.  The bill also requires DEM to complete an inventory of disaster 
response equipment owned by the state and local governments in addition to portable generators which DEM is 
currently required to inventory. While the impact of this workload is indeterminate it is expected to be absorbed 
within existing resources. DEM has not provided a fiscal impact or policy analysis for this bill. 
 
The bill requires DOT to assist with the removal of debris related to major hurricanes – Category 3 or higher - from 
roadways, including roadways that are publicly accessible but not county maintained. The impact of this provision 
is indeterminate and likely significant. However, the state has borne the cost of debris removal for some local 
governments after storms in recent years so this provision may not necessarily increase state expenditures beyond 
current spending practices. DOT has not provided a fiscal impact or policy analysis for this bill. 
 
The bill prescribes additional responsibilities for DOS including: developing an election emergency training 
program and convening a workgroup to create a list of best practices for conducting an election during an 
emergency. The impact of these provisions is indeterminate but expected to be absorbed within existing 
operational resources. DOS has not provided a fiscal impact or policy analysis for this bill.  
 
LOCAL GOVERNMENT:  
The bill will have an indeterminate fiscal impact on local government expenditures. The bill requires emergency 
management training and increased transparency by local governments for emergency response activities. Local 
governments may have to absorb the costs of upgrading databases to comply with the requirements of the bill. The 
bill also requires local governments to develop a post-storm permitting plan to expedite recovery. For fiscally 
constrained counties, the bill requires DEM and DOT to assist with the removal of debris from roadways, including 
roadways that are publicly accessible but not county maintained. The bill also requires each supervisor to develop 
a local election emergency contingency plan.   
PRIVATE SECTOR:  
The bill may have a positive, yet indeterminate fiscal impact on private sector businesses that engage in 
construction related services. The bill encourages streamlining of permitting, transparency, and access to permit 
locations post-storm, and prohibits certain local government development restrictions. 
 
RELEVANT INFORMATION 
SUBJECT OVERVIEW: 
Emergency Management  
The State Emergency Management Act (act) governs emergency management and establishes the legal framework 
for the state’s emergency management activities. The act confers upon the Governor, the Division of Emergency 
Management (DEM), and the governing body of each county and municipality certain emergency powers in the 
event of emergencies and disasters resulting from natural, technological, or human causes to ensure preparations 
of the state will be adequate to deal with, reduce vulnerability to, and recover from such emergencies and 
disasters; to provide for the common defense and to protect the public peace, health, and safety; and to preserve 
the lives and property of the people of the state.
2  
 
                                                            
2
 S. 252.32, F.S.   JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	8 
The act authorizes the Governor to assume or delegate direct operational control over all or any part of emergency 
management functions in the event of an emergency.
3 This authority includes issuing executive orders, 
proclamations, and rules that have the force and effect of law.
4 The act specifically authorizes the Governor to use 
all resources of state government and each political subdivision of the state as reasonably necessary to cope with 
the emergency.
5 In addition, the act authorizes the Governor to: 
 Suspend the provisions of any regulatory statute prescribing the procedures for the conduct of state 
business or the orders or rules of any state agency, if strict compliance would in any way prevent, hinder, 
or delay necessary action in coping with the emergency. 
 Transfer the direction, personnel, or functions of state departments and agencies or units thereof to 
perform or facilitate emergency services. 
 Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and 
combustibles; however, the Governor may not seize, take, or confiscate firearms that are lawfully 
possessed, unless a person is engaged in the commission of a criminal act. 
 Make provision for the availability and use of temporary emergency housing. 
 Take effective measures for limiting or suspending lighting devices and appliances, gas and water mains, 
electric power distribution, and all other utility services in the general public interest. 
 Take measures concerning the conduct of civilians, the movement and cessation of movement of  
pedestrian and vehicular traffic at certain times, the calling of public meetings and gatherings, and the 
evacuation and reception of the civilian population, as provided in the emergency management plan of the 
state and counties and municipalities. 
 Authorize businesses and their employees who sell commodities to exceed the times of curfews for 
ensuring that the supply of commodities is made available to the public and direct local law enforcement to 
assist and accommodate those businesses and their employees in ensuring that commodities are available 
in coping with the emergency.
6  
 
The Governor must delegate emergency responsibilities to officers and agencies of the state and to counties and 
municipalities prior to an emergency or threat of an emergency and must use the services and facilities of existing 
officers and agencies of the state and of the political subdivisions thereof as the primary emergency management 
forces of the state. All such officers and agencies must cooperate with and extend their services and facilities to 
DEM, as it may require.
7  
 
Division of Emergency Management 
 
DEM is responsible for all professional, technical, and administrative support functions necessary to carry out its 
responsibilities and emergency powers under the act. DEM must administer programs to rapidly apply all available 
aid to communities stricken by an emergency.
8 DEM must maintain the statewide comprehensive plan for 
emergency management and coordinate efforts of the Federal Government with state and local government and 
private agencies.
9 In addition, DEM is responsible for: 
 Adopting standards and requirements for county emergency management plans, assisting counties and 
municipalities in preparing and maintaining the plans, and periodically reviewing the plans for consistency 
with state standards. 
 Cooperating with the President, the heads of the Armed Forces, and various federal emergency 
management agencies. 
 Implementing training programs to improve the ability of state and local emergency management 
personnel to prepare and implement emergency management plans and programs. The training must 
include a continuous training program for agencies and individuals that will be called on to perform key 
                                                            
3
 S. 252.36(1)(a), F.S. 
4
 S. 252.36(1)(b), F.S. 
5
 S. 252.36(6), F.S. 
6
 Id. 
7
 S. 252.36(9), F.S.  
8
 S. 252.35(2), F.S. 
9
 S. 252.35(1), F.S.  JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	9 
roles in state and local post-disaster response and recovery efforts and for local government personnel on 
federal and state post-disaster response and recovery strategies and procedures. 
 Prioritizing technical assistance and training to fiscally constrained counties on aspects of safety measures, 
preparedness, prevention, response, recovery, and mitigation relating to natural disasters and 
emergencies.  
 Planning for and either procuring supplies, medicines, materials, and equipment or entering into a 
memorandum of agreement or open purchase orders to ensure the availability of such supplies. 
 Reporting biennially to the Governor and Legislature on the status of emergency management capabilities 
of the state and its political subdivisions. 
 Creating, implementing, administering, adopting, amending, and rescinding rules, programs, and plans 
needed to carry out emergency management. 
 Doing other things necessary, incidental, or appropriate for implementing emergency management.
10  
 
Counties and Municipalities 
 
Safeguarding the life and property of its citizens is an innate responsibility of the governing body of each county 
and municipality of the state. Counties and municipalities have certain duties and responsibilities to provide 
effective and orderly governmental control and coordination of emergency operations, including a requirement 
that counties adopt an emergency management plan that is coordinated and consistent with the state’s 
comprehensive emergency management plan and program.
11  
 
Counties must establish a local emergency management agency that serves the entire county. The director of the 
local emergency management agency must coordinate emergency management activities, services, and programs 
within the county and must serve as liaison to DEM and other local emergency management agencies. Each local 
emergency management agency must perform emergency management functions within the county in accordance 
with state and county emergency management plans and pursuant to the act.
12 
 
Counties and municipalities have the authority to declare a state of local emergency if an emergency affects only 
one political subdivision, which triggers the ability to request state assistance or invoke emergency-related 
mutual-aid assistance. The duration of a local state of emergency is seven days, but may be extended in seven-day 
increments as necessary.
13  
 
Counties and municipalities may make, amend, and rescind orders and rules as are necessary for emergency 
management purposes that are not inconsistent with any orders or rules adopted by DEM or by any state agency 
exercising a power delegated to it by the Governor or DEM.
14 All orders and rules adopted by any county or 
municipality have the full force and effect of law when filed in the office of the clerk or recorder of the political 
subdivision; however, any order or rule inconsistent with the act or the Florida Emergency Planning and 
Community Right-to-Know Act will be suspended to the extent that such conflict exists.
15 Furthermore, any person 
violating any rule or order issued pursuant to either act is guilty of a second-degree misdemeanor and may be 
punished by a term of up to 60 days in jail and fines up to $500.
16  
 
To carry out these emergency functions, counties and municipalities can receive advanced training for 
comprehensive approaches to managing emergency and disaster incidents from DEM or from the Federal 
Emergency Management Agency (FEMA). In addition, last year, the Legislature created minimum education, 
experience, and training standards for all county emergency directors.
17 Specifically, by June 30, 2026, each county 
emergency management director must meet the following minimum training and education qualifications:  
                                                            
10
 S. 253.35, F.S.  
11
 S. 253.38, F.S.  
12
 S. 253.38(1), F.S. 
13
 S. 252.38(3)(a)5, F.S.  
14
 S. 252.46(1), F.S.  
15
 S. 252.46(2), F.S. 
16
 S. 252.50, F.S.  
17
 CS/CS/HB 1567 (2024), which was codified in s. 252.38, F.S.  JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	10 
 Fifty hours of training in business or public administration, business or public management, or emergency 
management or preparedness. A bachelor’s degree may be substituted for this training requirement. 
 Four years of verifiable experience in comprehensive emergency management services, including 
improving preparedness for emergency and disaster protection, prevention, mitigation, response, and 
recovery. This must include direct supervisory responsibility for at least one emergency or disaster.
18  
 Completion of 150 hours of comprehensive emergency management training provided through or 
approved by FEMA or its successor, including completion of the specified National Incident Management 
System (NIMS) courses.
19 All required training must be completed no earlier than 10 years preceding a 
person’s appointment as a county director, regardless of whether it is an initial appointment or a 
reappointment. 
 A valid driver license. If the license is not issued by Florida, the director must obtain a Florida driver license 
within 30 days after being appointed as director.
20  
 
Shelters 
 
DEM must prepare a Statewide Emergency Shelter Plan (SESP) by January 31 of each even-numbered year.
21 The 
SESP must identify the general location and square footage of existing general population and special needs shelter 
space, by regional planning council region, and projected space needs during the next five years.
22 DEM also 
maintains a special needs registry; individuals can register through a website maintained by the Department of 
Health.
23 
 
Hurricane Loss Mitigation Program 
 
In 1999, the Legislature created the Hurricane Loss Mitigation Program within DEM to fund programs for 
improving the wind resistance of residences and mobile homes.
24 The program is funded by an annual 
appropriation of $10 million from the Florida Hurricane Catastrophe Fund.
25 Of that money, $3 million must be 
directed toward retrofitting existing facilities used as public hurricane shelters. DEM must prioritize the use of the 
funds for projects included in the annual shelter retrofit report. On January 1 of each year, DEM must submit an 
annual report and accounting of activities under the program and an evaluation of the activities. The program 
expires on June 30, 2032.
26 
 
Audits 
 
When an emergency exceeds 90 days, contracts executed by the Executive Office of the Governor or the 
appropriate agency to support the response to the declared state of emergency must be submitted to the 
Legislature within 72 hours.
27 For contracts executed within the first 90 days of the emergency being declared, 
such contracts must be submitted to the Legislature within 120 days of the declaration. The Executive Office of the 
Governor or the appropriate agency must submit monthly reports to the Legislature of all state expenditures, 
revenues received, and funds transferred by an agency during the previous month to support the emergency. Once 
                                                            
18
 A master’s degree in one or more certain specified fields may be substituted for two years of the required experience, but 
not for the required supervisory experience. Alternatively, a valid accreditation as a Certified Master Exercise Practitioner by 
FEMA, a Certified Emergency Manager, or a Florida Professional Emergency Manager may substitute for the required 
experience but the accreditation must be kept in good standing until the actual time and experience requirements may be 
satisfied. 
19
 The Emergency Management Institute, run by FEMA, is the primary center for developing and delivering emergency 
management training nationally, emphasizing programs such as NIMS. NIMS is intended to apply across all jurisdictional levels 
and functional disciplines for the management of all potential incidents, hazards, and impacts regardless of size, location, or 
complexity.  
20
 S. 252.38, F.S.  
21
 S. 252.385(2)(b), F.S. 
22
 Id. 
23
 S. 252.355, F.S. 
24
 Chapter 99-305, L.O.F.; codified as s. 215.559, F.S. 
25
 S. 215.559, F.S. 
26
 Id. 
27
 S. 252.3611, F.S.  JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	11 
an emergency exceeds one year, the Auditor General must conduct a financial audit of all associated expenditures 
and a compliance audit of all associated contracts entered into during the declared emergency. The audit must be 
updated annually until the emergency has ended.
28 
 
Elections 
The Division of Elections (division) within the Department of State (DOS) provides “administrative support to the 
Secretary of State, Florida’s Chief Election Officer, to ensure that Florida has fair and accurate elections.” Through 
its bureaus, it ensures compliance with the election laws, provides statewide coordination of election 
administration, and promotes public participation in the electoral process. The division also provides support to 
county supervisors of elections (supervisors) in their duties, including providing technical support.
29   
 
Each supervisor is responsible for registering eligible voters and maintaining the voter rolls.
30 The supervisor is 
also responsible for managing the logistics of general, primary, and special elections.
31 These duties include:  
 Providing recommendations to the board of county commissioners in drawing election precincts for the 
county and transmitting information to the Department of State.
32 
 Ensuring the security and maintenance of voting equipment.
33 
 Publishing a sample ballot in a newspaper of general circulation.
34 
 Appointing poll workers to serve as clerks or inspectors for each precinct of the county.
35  
 Conducting training for inspectors, clerks, and deputy sheriffs in their duties and responsibilities as 
election officials.
36 
 Informing the clerk of each polling location about the area in which soliciting is unlawful.
37 
 Creating the form for tabulation of votes and proclamation of results.
38 
 Serving as a member of the county canvassing board.
39 
 Presenting the certification of election to the winning candidate.
40 
 
On the local level, among other elections-related duties, supervisors (and municipal clerks) are authorized to 
request that the Governor suspend or delay an election. The supervisor or municipal clerk should communicate 
with their county emergency management agency the need to suspend or delay an election in order to expedite a 
decision request to the Governor to suspend or delay.
41 
 
The Elections Emergency Act 
 
Primary and general elections occur in August and November of every even-numbered year, respectively. The  
peak of the Atlantic hurricane season is mid-August to mid-October.
42 As Florida is particularly vulnerable  
to hurricanes given its location, it is certain that these two events — elections and hurricanes coincide.  
Such confluence has occurred twice in recent history: in 2018, Hurricane Michael made landfall less than a  
month before the scheduled general election, while in 2022, Hurricane Ian made landfall a little more than a  
month before the election. The COVID-19 pandemic presented an emergency of an entirely different kind, but  
                                                            
28
 Id. 
29
 Florida Department of State, About Us, available at https://dos.fl.gov/elections/about-us/ (last visited Mar. 3, 2025). 
30
 S. 98.015, F.S. 
31
 See generally Chapter 102, F.S. 
32
 S. 101.001, F.S. 
33
 Ss. 101.015 and 101.5612, F.S.  
34
 S. 101.20, F.S. 
35
 S. 102.012(1)(a), F.S. 
36
 S. 102.014(1), F.S. 
37
 S. 102.031(4)(c), F.S. “Soliciting” includes, but is not limited to, seeking votes, facts, opinions, or contributions; distributing 
political or campaign materials, leaflets, and handouts; conducting an unauthorized poll; seeking signatures on a petition; and 
selling any item. S. 102.031(4)(b), F.S. 
38
 S. 102.071, F.S. 
39
 S. 102.141, F.S. 
40
 S. 102.155, F.S.  
41
 Rule 1S-9.004, F.A.C. 
42
 National Hurricane Center, Tropical Cyclone Climatology, available at https://www.nhc.noaa.gov/climo/ (last visited Feb. 25, 
2025).  JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	12 
one that also affected imminent elections.  
 
In 1992, Florida voters approved Amendment 2 to the Florida Constitution that specifically allows a general 
election
43 to be suspended or delayed due to a state of emergency or impending emergency.
44 The amendment 
requires any such suspension or delay to be conducted pursuant to general law. The Florida Legislature 
implemented the amendment by creating the Elections Emergency Act (EEA), which sets forth the parameters for 
when and how an election may be suspended or delayed. The EEA permits the Governor, upon issuance of an 
executive order declaring a state of emergency, to suspend or delay an election. Such an election must then be 
rescheduled within either 10 days of the original date of the election or as soon as practicable. Notice of the 
election must be provided to the public on certain websites or through newspaper publication or public service 
announcements.
45  
 
DOS must, under the EEA, promulgate an Elections Emergency Contingency Plan (Plan) to prescribe procedures to 
state and local officials when an election has been suspended or delayed due to an emergency.
46 The Plan provides 
direction to such officials in certain critical areas, such as: 
 Conduct of rescheduled election: Requires supervisors to report certain information to DOS to facilitate 
assistance and coordination. 
 Polling places and early voting sites: Requires supervisors to determine if existing polling places and  
early voting sites can be used, as well as the need and availability for alternates. 
 Poll workers: Allows supervisors to appoint and train any registered Florida voter as a poll worker,  
as opposed to current law that requires the poll worker to be a resident of the county he or she is serving. 
 Vote-by-mail (VBM) ballots:  
o Allows supervisors to establish temporary VBM sites in the affected areas or any place in the  
county or city and requires such sites to be publicized through public service announcements. 
o Allows any registered voter who is a resident of the affected area or who is in the affected  
area providing emergency assistance to request and obtain a VBM ballot on Election Day  
without having to execute an Election Day VBM Ballot Delivery Affidavit. 
o Allows VBM ballots to be faxed or emailed to those from other jurisdictions providing  
emergency assistance on Election Day; however, such VBM ballots may only be returned by fax.
47 
 
Current law also allows supervisors to temporarily change polling places
48,49 if an emergency occurs in any  
precinct during an election. For example, a supervisor may utilize this provision if a fire or flood occurs in a 
precinct.   
 
Hurricanes Michael and Ian 
 
When Hurricanes Michael and Ian hit the state, elections were already underway. In both of these instances,  
no elections were suspended or delayed pursuant to the EEA. Rather, through executive order, certain  
provisions of the Florida Election Code were suspended and then supplemented with provisions  
modifying election procedures.  
 
COVID-19 Public Health Emergency 
 
On March 9, 2020, the Governor issued an executive order declaring that a state of emergency existed  
regarding COVID-19 and issued multiple related orders throughout the weeks that followed. Municipal  
elections were scheduled to occur on April 14, 2020, in certain cities in Pasco County. Invoking the  
                                                            
43
 “General election” means an election held on the first Tuesday after the first Monday in November in the even-numbered 
years, for the purpose of filling national, state, county, and district offices and for voting on constitutional amendments not 
otherwise provided for by law. S. 97.021(17), F.S.  
44
 Article VI, s. 5(a), FLA. CONST.  
45
 S. 101.733, F.S.  
46
 S. 101.733(3), F.S. 
47
 Chapter 1S-9, F.A.C. 
48
 S. 101.733(3)(b), F.S.  
49
 “Polling place” is the building which contains the polling room where ballots are casts. S. 97.021(29), F.S.  JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	13 
emergency powers and the EEA, Governor DeSantis issued Executive Order 20-97, which delayed those municipal  
elections.
50 Subsequently, he issued Executive Order 20-124, which rescheduled the elections for June 30, 2020.
51  
 
Additionally, on June 17, 2020, another executive order was issued to address a different election component: 
canvassing VBM ballots. Due to an anticipation of increased VBM participation, Executive Order 20-149 authorized 
county canvassing boards to begin canvassing VBM ballots earlier, by waiving current law prohibiting canvassing 
VBM ballots before 7 a.m. on the 22nd day before the election, and allowing such canvassing to begin upon 
completion of the public testing of tabulation machines—which may occur as early as 40 days before an 
election.
52,53 Further, Executive Order 20-149 also acted similar to actions taken under the Hurricane Ian Executive 
Order two years later—concerning poll workers, suspending an administrative rule to authorize administrative 
leave for state employees to serve as poll workers in their respective county, as well as created conditions for such 
administrative leave. The executive order also addressed polling locations, encouraging all K-12 schools to be used 
as precinct polling locations for both the Primary Election Day and the General Election Day.
54  
 
National Flood Insurance Program 
As most property insurance policies do not cover flooding damage, people need another way to protect their 
homes, businesses, and possessions from floods. To fill this gap, the National Flood Insurance Program (NFIP) is a 
FEMA-managed program where property owners and renters in participating communities can purchase 
insurance against flood losses in exchange for those communities adopting and enforcing regulations to reduce 
flood damage.
55 When the NFIP is looking to estimate repair costs for a damaged facility, it compares the cost of the 
repair to the facility’s estimated market value before the damage occurred.  
 
There are two assessments made by local governments for the NIFP’s determination: 
 Substantial Damage: “Means damage of any origin sustained by a structure whereby the cost of restoring 
the structure to its before damaged condition would equal or exceed 50 percent of the market value of  
the structure before the damage occurred.” 
 Substantial Improvement: “Means any reconstruction, rehabilitation, addition, or other improvement of a 
structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the 
“start of construction’’ of the improvement. This term includes structures that have incurred ‘substantial 
damage,’ regardless of the actual repair work performed. The term does not, however, include either:  
o Any project for improvement of a structure to correct existing violations of state or local health, 
sanitary, or safety code specifications that have been identified by the local code enforcement 
official and that are the minimum necessary to assure safe living conditions; or  
o Any alteration of a ‘historic structure,’ provided that the alteration will not preclude the structure’s 
continued designation as a ‘historic structure.’”
56 
 
To make the 50 percent determination, the local government compares the cost to improve or repair to the market 
value of the building (excluding land, accessory structures, and landscaping).
57 If the resulting ratio equals or 
exceeds 50 percent, the existing building must be brought into compliance with current local floodplain 
management standards, state standards, and NFIP requirements for new construction (New Standards).
58  
                                                            
50
 Fla. Exec. Order No. 20-97 (Apr. 8, 2020). 
51
 Fla. Exec. Order No. 20-124 (May 15, 2020). 
52
 N.B. The Legislature changed the law in 2021 to allow for VBM ballots to be canvassed as early as 40 days before an election. 
See CS/CS/CS/SB 90 (2021).  
53
 Fla. Exec. Order No. 20-149 (Jun. 17, 2020). 
54
 Id. 
55
 FEMA and NFIP, National Flood Insurance Program Media Toolkit, available at 
https://agents.floodsmart.gov/sites/default/files/fema-nfip-media-toolkit-10-2024.pdf (last visited Feb. 28, 2025). 
56
 FEMA, Substantial Improvement/Substantial Damage Desk Reference at Appendix D (May 2010), available at 
https://www.fema.gov/sites/default/files/documents/fema_nfip_substantial-improvement-substantial-damage-desk-
reference.pdf (last visited Feb. 25, 2025). 
57
 Id.  
58
 See FEMA, Substantial Damage Quick Guide (Jan. 21, 2025), available at https://www.fema.gov/fact-sheet/substantial-
damage-quick-guide (last visited Feb. 25, 2025) and FEMA, Substantial Improvement/Substantial Damage Desk Reference at 6-3 
(May 2010), available at https://www.fema.gov/sites/default/files/documents/fema_nfip_substantial-improvement-
substantial-damage-desk-reference.pdf (last visited Feb. 25, 2025).  JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	14 
 
59 
 
In addition to estimated market value, local governments can enact their own substantial improvement periods 
(also known as “look back periods”), which are set periods of time where they “look back” at the amount of 
permitted improvements and work on a facility when calculating its estimated market value for the 50 percent 
threshold discussed above.
60 If repairs or permitted work is done during a “look back period,” then the cost of that 
work decreases the amount of money needed to reach the 50 percent rule. For example, if a home is valued at 
$200,000 with no permitted work, its repair costs for the NFIP would have to exceed $100,000 in order to be 
forced to be brought up to these New Standards. On the other hand, if it was in a city with a “look back period” and 
the homeowners had $25,000 worth of permitted work during that “look back period,” the homeowners would 
only have had to spend $75,000 to trigger the 50 percent rule. 
 
Finally, these determinations are memorialized in substantial damage and substantial improvement letters written 
by the assessing local government and may be needed for claims under NFIP.
61 
 
Hoisting Equipment and Crane Safety 
Presently, the state preempts any local law or regulation, including, but not limited to, a local building code or 
building permit requirement that pertains to hoisting equipment, including power-operated cranes, derricks, 
hoists, elevators, and conveyors used in construction, demolition, or excavation work that the Occupational Safety 
and Health Administration does not already preempt under 29 C.F.R. parts 1910 and 1926. This includes, but is not 
limited to, local worksite regulation regarding hurricane preparedness or public safety.
62,63 
 
Impact Fees  
Local governments impose impact fees to fund infrastructure
64 needed to expand local services to meet the 
demands of population growth caused by new growth.
65 Impact fees must meet the following minimum criteria 
when adopted: 
 The fee must be calculated using the most recent and localized data.
66 
 The local government adopting the impact fee must account for and report impact fee collections and 
expenditures. If the fee is imposed for a specific infrastructure need, the local government must account for 
those revenues and expenditures in a separate accounting fund.
67 
 Charges imposed for the collection of impact fees must be limited to the actual costs.
68 
 All local governments must give notice of a new or increased impact fee at least 90 days before the new or 
increased fee takes effect, but need not wait 90 days before decreasing, suspending, or eliminating an 
impact fee. Unless the result reduces total mitigation costs or impact fees on an applicant, new or increased 
                                                            
59
 Id. at Appendix D. 
60
 These “look back periods” are set by each local jurisdiction and can range in time. 
61
 Substantial Improvement/Substantial Damage Desk Reference at 5-16 (May 2010),  available at 
https://www.fema.gov/sites/default/files/documents/fema_nfip_substantial-improvement-substantial-damage-desk-
reference.pdf (last visited Feb. 25, 2025). 
62
 This subsection does not apply to the regulation of elevators under Chapter 399, F.S. (Elevator Safety) or to airspace height 
restrictions in Chapter 333, F.S. (Airport Zoning) See s. 489.113(11), F.S.  
63
 S. 489.113(11), F.S.  
64
 “Infrastructure” means the fixed capital expenditure or outlay for the construction, reconstruction, or improvement of 
public facilities with a life expectancy of five or more years, together with specific other costs required to bring the public 
facility into service but excluding the costs of repairs or maintenance. The term also includes specific equipment. 
S. 163.31801(3), F.S.  
65
 S. 163.31801(2), F.S. Water and sewer connection fees are not impact fees. S. 163.31801(12), F.S. 
66
 S. 163.31801(4)(a), F.S. 
67
 S. 163.31801(4)(b), F.S. 
68
 S. 163.31801(4)(c), F.S.  JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	15 
impact fees may not apply to current or pending applications submitted before the effective date of an 
ordinance or resolution imposing a new or increased impact fee.
69 
 A local government may not require payment of the impact fee before the date of issuing a building permit 
for the property that is subject to the fee.
70 
 The impact fee must be reasonably connected to, or have a rational nexus with, the need for additional 
capital facilities and the increased impact generated by the new residential or commercial construction.
71 
 The impact fee must be reasonably connected to, or have a rational nexus with, the expenditures of the 
revenues generated and the benefits accruing to the new residential or commercial construction.
72 
 The local government must specifically earmark revenues generated by the impact fee to acquire, 
construct, or improve capital facilities to benefit new users.
73 
 The local government may not use revenues generated by the impact fee to pay existing debt or for 
previously approved projects unless the expenditure is reasonably connected to, or has a rational nexus 
with, the increased impact generated by the new residential or commercial construction.
74 
 
The types of impact fees charged and the timing of their collection after issuing a building permit are within the 
discretion of the local government or special district authorities choosing to impose the fees.
75 In general, a 
building permit must be obtained before the construction, erection, modification, repair, or demolition of any 
building.
76 A development permit pertains to any building permit, zoning permit, subdivision approval, rezoning, 
certification, special exception, variance, or any other official action of local government having the effect of 
permitting the development of land.
77 Local governments providing an exception or waiver of impact fees for the 
development or construction of affordable housing are not required to use any revenues to offset the impact of 
such development.
78 
 
Local governments must credit against impact fee collections any contribution related to public facilities or 
infrastructure on a dollar-for-dollar basis at fair market value for the general category or class of public facilities  
or infrastructure for which the contribution was made. If no impact fee is collected for that category of public 
facility or infrastructure for which the contribution is made, no credit may be applied.
79 Credits for impact fees  
may be assigned or transferred at any time once established, from one development or parcel to another within  
the same impact fee zone or district or within an adjoining impact fee zone or district within the same local 
government jurisdiction.
80  
 
Property Assessments 
The ad valorem tax or “property tax” is an annual tax levied by counties, municipalities, school districts, and some 
special districts. The tax is based on the taxable value of a property as of January 1 of each year. The property 
appraiser annually determines the “just value” of property within the taxing authority and then applies relevant 
exclusions, assessment limitations, and exemptions to determine the property’s “taxable value.” The State 
Constitution prohibits the state from levying ad valorem taxes and it limits the Legislature’s authority to provide 
for property valuations at less than just value, unless expressly authorized.  
 
                                                            
69
 S. 163.31801(4)(d), F.S. 
70
 S. 163.31801(4)(e), F.S. 
71
 S. 163.31801(4)(f), F.S.  
72
 S. 163.31801(4)(g), F.S. 
73
 S. 163.31801(4)(h), F.S. 
74
 S. 163.31801(4)(i), F.S. 
75
 See s. 163.31801(2), F.S. 
76
 S. 553.79(1)(a), F.S. 
77
 S. 163.3164(16), F.S. 
78
 S. 163.31801(11), F.S. 
79
 S. 163.31801(5), F.S. 
80
 S. 163.31801(10), F.S. In an action challenging an impact fee or a failure to provide proper credits, the local government has 
the burden of proof to establish the imposition of the fee or the credit complies with the statute, and the court may not defer to 
the decision or expertise of the government. S. 163.31801(9), F.S.  JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	16 
In general, changes, additions, or improvements to real property are assessed at just value as of the first January 1 
after they are substantially completed.
81 However, when property is damaged or destroyed by calamity or 
misfortune, the property may be repaired or replaced without the change, addition, or improvement being 
assessed at just value; rather, the change, addition, or improvement is assigned the taxable value and other tax 
characteristics that the damaged or replaced property had before being damaged or destroyed. For homestead 
property, there are two limitations: 1) the change, addition, or improvement may not exceed 110 percent of the 
square footage of the property before it was damaged or destroyed; or 2) the total square footage of the property 
as changed or improved may not exceed 1,500 square feet.
82 Any square footage greater than 110 percent of the 
replaced property or beyond a total of 1,500 square feet is assessed at just value. 
 
Florida National Guard Medical Officer Authorization 
The Florida National Guard (FLNG) is the organized militia of the state.
83 Its mission includes maintaining 
readiness to support national and state security efforts, as well as leading or assisting in humanitarian and 
logistical operations, including hurricane preparation and recovery. Current law provides that physicians holding 
an active license to practice medicine in any other state, a U.S. territory, or the District of Columbia, while serving 
as medical officers in the FLNG pursuant to federal or state orders, may practice medicine on military personnel or 
civilians during an emergency, declared disaster, or during federal military training.
84 
 
RECENT LEGISLATION:  
 
YEAR BILL #  HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION 
2024 CS/CS/HB 1567 Grant 	Collins This bill became a law on July 
1, 2024. 
2023 CS/CS/SB 250 Giallombardo Martin This bill became a law on July 
1, 2023. 
 
 
OTHER RESOURCES:  
Federal Emergency Management Agency’s Substantial Improvement/Substantial Damage Desk Reference  
 
                                                            
81
 Ss. 193.155(4)(a), 193.1554(6)(a), and 193.1555(6)(a), F.S. 
82
 S. 193.155(4)(b), F.S. 
83
 S. 250.02(2), F.S. 
84
 S. 250.375, F.S.  JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	17 
BILL HISTORY 
COMMITTEE REFERENCE ACTION DATE 
STAFF 
DIRECTOR/ 
POLICY CHIEF 
ANALYSIS 
PREPARED BY 
Natural Resources & Disasters 
Subcommittee 
17 Y, 0 N, As CS 3/18/2025 Moore Moore 
THE CHANGES ADOPTED BY THE 
COMMITTEE: 
 Required local governments to post information related to poststorm 
permitting online. 
 Required DEM to conduct an inventory of disaster response equipment. 
 Required shelter deficiencies to be considered at the county level. 
 Prohibited building permit and inspection fees from being increased 
180 days poststorm. 
 Increased the size that a rebuilt homestead may be before triggering an 
increase in the property’s assessed value. 
 Prohibited local governments impacted by Hurricanes Debby, Helene, 
or Milton from adopting or enforcing certain regulations related to 
construction or development that are more restrictive or burdensome. 
Transportation & Economic 
Development Budget 
Subcommittee 
10 Y, 0 N, As CS 4/10/2025 Davis McAuliffe 
THE CHANGES ADOPTED BY THE 
COMMITTEE: 
 Revised the emergency elections procedures to require the supervisors 
to request approval from the Secretary of State before engaging in 
specific activities. 
 Revised impact fee provisions to clarify that impact fees can be 
assessed proportional to the difference between the original structure 
and the rebuilt structure.  
 Provided that when a homestead property is elevated, certain square 
footage underneath the structure is not included in the total square 
footage calculation.  
 Revised certain provisions related to shelters.  
 Provided that DEM must coordinate for debris removal from fiscally 
constrained counties for major hurricanes – Category 3 or higher.  
 Revised a definition that pertains to thermal efficiency standards.  
 Revised a provision that relates to construction or redevelopment 
regulations.  
State Affairs Committee     
 
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE. 
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