Florida 2025 2025 Regular Session

Florida House Bill H1535 Comm Sub / Bill

Filed 04/18/2025

                       
 
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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; providing criteria to be 12 
considered when determining if a request should be 13 
approved or denied; requiring certain requests to be 14 
deemed approved; requiring such approvals and denials 15 
to be posted in a specified manner; requirin g such 16 
supervisors to use specified methods to inform 17 
affected voters of election changes; creating s. 18 
101.735, F.S.; requiring the Division of Elections to 19 
develop a statewide election emergency contingency 20 
plan for a specified purpose; requiring such pla n to 21 
include certain procedures; requiring supervisors of 22 
elections to develop a local election emergency 23 
contingency plan in consultation with certain 24 
officials; requiring the plan to be submitted to the 25     
 
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division for approval by a certain date; requiring the 26 
division to make a certain determination by a 27 
specified date; requiring the division to adopt rules; 28 
creating s. 101.736, F.S.; defining the term "tabletop 29 
exercise"; requiring the Secretary of State, in 30 
coordination with supervisors of elections, to d evelop 31 
an election emergency training program; requiring the 32 
Secretary of State to convene a workgroup for a 33 
certain purpose by a specified date of every odd -34 
numbered year; providing requirements for the 35 
workgroup; requiring the results of the workgroup to 36 
be used in a specified manner; creating s. 163.31795, 37 
F.S.; defining the terms "cumulative substantial 38 
improvement period" and "local government"; requiring 39 
local governments that are participating in a 40 
specified insurance program to adopt certain 41 
cumulative substantial improvement periods; amending 42 
s. 163.31801, F.S.; prohibiting certain entities from 43 
assessing impact fees for specified replacement 44 
structures; providing an exception; providing 45 
construction; amending s. 193.155, F.S.; providing 46 
that repair and maintenance of specified property is 47 
not a change, an addition, or an improvement under 48 
certain circumstances; revising the square footage 49 
limitations for certain changes, additions, and 50     
 
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improvements to damaged property; providing 51 
construction; amending s. 215.559, F.S.; removing a 52 
reference to a certain report; revising public 53 
hurricane shelter funding prioritization requirements 54 
for the Division of Emergency Management; amending s. 55 
250.375, F.S.; authorizing certain servicemembers to 56 
provide medical care in specified circumstances; 57 
amending s. 252.35, F.S.; revising requirements for 58 
the state comprehensive emergency management plan; 59 
requiring such plan to include an update on the status 60 
of certain emergency management capabilities; 61 
requiring the division to collaborate with the 62 
Department of Health; revising responsibilities of the 63 
division; requiring the division to develop a certain 64 
template; revising the purpose of certain training 65 
programs; requiring the division to set the minimum 66 
number of training hours that specified individuals 67 
must complete biennially; authorizing such training to 68 
be provided by certain entities; removing a specified 69 
reporting requirement; amending s. 252.355, F.S.; 70 
authorizing the Department of Veterans' Affairs to 71 
provide certain information to specified clients or 72 
their caregivers; requiring the Florida Housing 73 
Finance Corporation to enter into memoranda of 74 
understanding with specified agencies for a certain 75     
 
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purpose; providing that specified persons may use 76 
special needs shelters in certain circumstances; 77 
amending s. 252.359, F.S.; revising the manner in 78 
which the division facilitates transportation and 79 
distribution of essentials before and after an 80 
emergency; requiring local law enforcement to 81 
cooperate with the division to ensure the availability 82 
of essentials; providing that certain entities have 83 
specified responsibilities determining roadways; 84 
amending s. 252.3611, F.S.; directing specified 85 
entities to submit specified contracts and reports to 86 
the Legislature under specifi ed conditions; requiring 87 
such contracts to be posted on a specified secure 88 
contract system; requiring the division to report 89 
annually to the Legislature specified information on 90 
expenditures relating to emergencies; providing 91 
requirements for such report; amending s. 252.363, 92 
F.S.; providing for the tolling and extension of 93 
certain determinations; providing for retroactive 94 
application; amending s. 252.365, F.S.; requiring 95 
agency heads to notify the Governor and the division 96 
of the person designated as the e mergency coordination 97 
officer annually by a specified date; amending s. 98 
252.37, F.S.; requiring the division to notify the 99 
Legislature of its intent to accept or apply for 100     
 
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federal funds under certain circumstances; requiring 101 
the division to take steps to m aximize the 102 
availability and expedite the distribution of 103 
financial assistance from the Federal Government to 104 
state and local agencies; requiring that such steps 105 
include the standardization and streamlining of the 106 
application process for federal financial assistance 107 
and the provision of assistance to applicants for a 108 
specified purpose; requiring the division to use 109 
certain federal funds to implement such requirements; 110 
creating s. 252.3713, F.S.; requiring the division to 111 
administer the Hazard Mitigation Gra nt Program; 112 
authorizing the division to retain a specified 113 
percentage of the funds for use within this state; 114 
requiring the remaining percentage to be distributed 115 
for use by certain recipients; authorizing 116 
subrecipients to make a certain election for a 117 
specified use; requiring the consideration of certain 118 
projects; authorizing the division to coordinate with 119 
specified entities under certain circumstances; 120 
requiring the division to ensure that certain 121 
requirements are met and certain projects are funded; 122 
authorizing fiscally constrained counties to request 123 
that the division administer the grant for such a 124 
county; authorizing such counties to request certain 125     
 
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assistance from the division; requiring the division 126 
to adopt rules; amending s. 252.373, F.S.; conform ing 127 
a cross-reference; amending s. 252.38, F.S.; requiring 128 
political subdivisions to annually provide specified 129 
notification to the division before a specified date; 130 
creating s. 252.381, F.S.; requiring counties and 131 
municipalities to post certain informati on on their 132 
websites; requiring counties and municipalities to 133 
develop a poststorm permitting plan; providing 134 
requirements for such plan; requiring counties and 135 
municipalities to publish on their websites a 136 
specified storm recovery guide and updates to suc h 137 
guide; prohibiting certain counties and municipalities 138 
from increasing building permit or inspection fees 139 
within a specified timeframe; requiring certain 140 
counties and municipalities to use their best efforts 141 
to open a permitting office for a minimum numb er of 142 
hours per week; requiring entities to allow 143 
individuals to receive certain letters electronically 144 
on or before a specified date; amending s. 252.385, 145 
F.S.; revising reporting requirements for the 146 
division; revising requirements for a specified list; 147 
requiring the Department of Health and the Agency for 148 
Persons with Disabilities to assist the division with 149 
certain determinations; creating s. 252.421, F.S.; 150     
 
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requiring the division to coordinate with certain 151 
counties for a specified purpose; creating s. 2 52.422, 152 
F.S.; defining the term "impacted local government"; 153 
prohibiting impacted local governments from proposing 154 
or adopting certain moratoriums, amendments, or 155 
procedures for a specified timeframe; authorizing the 156 
enforcement of certain amendments, plan s, permits, and 157 
orders under certain circumstances; authorizing any 158 
person to file suit to enforce specified provisions; 159 
authorizing counties and municipalities to request a 160 
specified determination by a court; prohibiting 161 
counties and municipalities from t aking certain 162 
actions until the court has issued a preliminary or 163 
final judgment; requiring plaintiffs to provide 164 
certain notification before filing suit; requiring 165 
impacted local governments to take certain actions 166 
upon receipt of such notification or a s uit may be 167 
filed; providing for reasonable attorney fees and 168 
costs; authorizing the use of a certain summary 169 
procedure; requiring the court to advance the cause on 170 
the calendar; creating s. 252.505, F.S.; requiring 171 
certain contracts to include a specified provision; 172 
defining the term "emergency recovery period"; 173 
amending s. 373.423, F.S.; requiring the Department of 174 
Environmental Protection to submit a Flood Inventory 175     
 
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and Restoration Report to the division by a specified 176 
date; requiring the department to work with specified 177 
entities to compile information for the report; 178 
providing specifications for the report; requiring the 179 
owner of certain infrastructure to submit certain 180 
information to the department; requiring the 181 
department to review and update the repo rt biannually; 182 
requiring the department to submit an updated report 183 
to the division by a specified date; amending s. 184 
400.063, F.S.; conforming a cross -reference; amending 185 
s. 403.7071, F.S.; providing that local governments 186 
are authorized and encouraged to add certain addendums 187 
to certain contracts and agreements; requiring 188 
counties and municipalities to apply to the department 189 
for authorization to designate at least one debris 190 
management site; authorizing municipalities to apply 191 
jointly with a county or adj acent municipality for 192 
authorization of a debris management site if such 193 
entities approve a memorandum of understanding; 194 
providing requirements for such memorandum; creating 195 
s. 489.1132, F.S.; providing definitions; requiring a 196 
hurricane preparedness plan to be available for 197 
inspection at certain worksites; requiring certain 198 
equipment to be secured in a specified manner no later 199 
than 24 hours before the impacts of a hurricane are 200     
 
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anticipated to begin; providing penalties; requiring 201 
the Florida Building Comm ission to establish specified 202 
best practices and report findings to the Legislature 203 
by a specified date; amending s. 553.902, F.S.; 204 
revising the definition of the term "renovated 205 
building"; requiring the division to consult with 206 
specified entities to devel op certain recommendations 207 
and provide a report to the Legislature by a specified 208 
date; prohibiting certain counties from proposing or 209 
adopting certain moratoriums, amendments, or 210 
procedures for a specified timeframe; declaring that 211 
such moratoriums, amend ments, or procedures are null 212 
and void; providing for retroactive application; 213 
authorizing the enforcement of certain amendments, 214 
plans, permits, and orders under certain 215 
circumstances; authorizing certain residents and 216 
business owners to bring a civil act ion for 217 
declaratory and injunctive relief against a county or 218 
municipality that violates specified provisions; 219 
providing for reasonable attorney fees and costs under 220 
specified circumstances; providing for future 221 
expiration; providing a directive to the Div ision of 222 
Law Revision; providing an effective date. 223 
 224 
Be It Enacted by the Legislature of the State of Florida: 225     
 
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 226 
 Section 1.  Section 83.63, Florida Statutes, is amended to 227 
read: 228 
 83.63  Casualty damage. —If the premises are damaged or 229 
destroyed other than by the wrongful or negligent acts of the 230 
tenant so that the enjoyment of the premises is substantially 231 
impaired:, 232 
 (1) The tenant may terminate the rental agreement and 233 
immediately vacate the premises. The tenant may vacate the part 234 
of the premises rendered unusable by the casualty, in which case 235 
the tenant's liability for rent shall be reduced by the fair 236 
rental value of that part of the premises damaged or destroyed. 237 
If the rental agreement is terminated, the landlord shall comply 238 
with s. 83.49(3). 239 
 (2)  The tenant must be given: 240 
 (a)  The opportunity to collect his or her belongings from 241 
the premises when it is safe to do so; or 242 
 (b)  Notice of the date by which the tenant will be able to 243 
collect his or her belongings from the premises, which must 244 
occur within a reasonable time. 245 
 Section 2.  Subsection (3) of section 101.733, Florida 246 
Statutes, is amended to read: 247 
 101.733  Emergency suspension or delay of an election 248 
emergency; purpose; elections emergency contingency plan .—249 
Because of the existing and continuing possibility of an 250     
 
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emergency or common disaster occurring before or during a 251 
regularly scheduled or special election, and in order to ensure 252 
maximum citizen participation in the electoral process and 253 
provide a safe and orderly procedure for p ersons seeking to 254 
exercise their right to vote, generally to minimize to whatever 255 
degree possible a person's exposure to danger during declared 256 
states of emergency, and to protect the integrity of the 257 
electoral process, it is hereby found and declared to b e 258 
necessary to designate a procedure for the emergency suspension 259 
or delay and rescheduling of elections. 260 
 (3)  The Division of Elections of the Department of State 261 
shall adopt, by rule, an elections emergency contingency plan, 262 
which shall contain goals an d policies that give specific 263 
direction to state and local elections officials when an 264 
election has been suspended or delayed due to an emergency. The 265 
contingency plan shall be statewide in scope and shall address, 266 
but not be limited to, the following conc erns: 267 
 (a)  Providing a procedure for state and local elections 268 
officials to follow when an election has been suspended or 269 
delayed to ensure notice of the suspension or delay to the 270 
proper authorities, the electorate, the communications media, 271 
poll workers, and the custodians of polling places. 272 
 (b)  Providing a procedure for the orderly conduct of a 273 
rescheduled election, whether municipal, county, district, or 274 
statewide in scope; coordinating those efforts with the 275     
 
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appropriate elections official, and the m embers of the governing 276 
body holding such election, if appropriate; and working with the 277 
appropriate emergency management officials in determining the 278 
safety of existing polling places or designating additional 279 
polling places. 280 
 (c)  Providing a procedure f or the release and 281 
certification of election returns to the department for 282 
elections suspended or delayed and subsequently rescheduled 283 
under the provisions of ss. 101.731 -101.74. 284 
 Section 3.  Section 101.7325, Florida Statutes, is created 285 
to read: 286 
 101.7325  Election emergency. — 287 
 (1)  If the Governor declares a state of emergency for a 288 
natural emergency, as defined in s. 252.34, fewer than 60 days 289 
before an election, the supervisor of a county designated as 290 
affected by such declaration may request ap proval from the 291 
Secretary of State to take any of the following actions 292 
necessary while the declaration continues to designate the area 293 
as an affected area: 294 
 (a)  Notwithstanding the designation deadline in s. 295 
101.657(1)(b), change the location of designat ed early voting 296 
sites. The request must identify the new address of each early 297 
voting site and the hours during which early voting will occur 298 
at each site. 299 
 (b)  Notwithstanding the early voting site locations 300     
 
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authorized in s. 101.657(1), request early vot ing sites at 301 
locations not specifically authorized by law. The request must 302 
set forth sufficient facts to establish that a sufficient number 303 
of early voting sites that were designated, or that may be 304 
designated under paragraph (a), are unavailable due to t he 305 
emergency. For purposes of this paragraph, reasons that early 306 
voting sites may be unavailable include, but are not limited to, 307 
the site is no longer safe for occupancy, the site is located in 308 
an area that is currently dangerous to travel to and from, or 309 
the site does not have adequate utilities. An early voting site 310 
designated under this paragraph must, to the maximum extent 311 
practicable, be geographically located so as to provide all 312 
voters in the area with an equal opportunity to cast a ballot. 313 
 (c)  Notwithstanding s. 101.657(1)(d), allow early voting 314 
to occur the day before an election. 315 
 (d)  Notwithstanding ss. 101.657 and 101.71, allow election 316 
day voting at early voting sites. The request must set forth 317 
sufficient facts to establish that a s ufficient number of early 318 
voting sites that were designated, or that may be designated 319 
under paragraph (a), are unavailable due to the emergency. For 320 
purposes of this paragraph, reasons that a polling place may be 321 
unavailable include, but are not limited t o, the polling place 322 
is no longer safe for occupancy, the polling place is located in 323 
an area that is currently dangerous to travel to and from, or 324 
the polling place does not have adequate utilities. An early 325     
 
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voting site designated as a polling place under this paragraph 326 
must, to the maximum extent practicable, be geographically 327 
located so as to provide all voters in the area with an equal 328 
opportunity to cast a ballot. 329 
 (e)  Notwithstanding the designation deadline in s. 330 
101.69(2)(b), designate additional s ecure ballot intake 331 
stations. The request must identify the location of the 332 
additional secure ballot intake stations. 333 
 (f)  Send a vote-by-mail ballot to a voter who has 334 
requested such ballot: 335 
 1.  By forwardable mail or to an address other than the 336 
address listed for the voter in the statewide voter registration 337 
system. 338 
 2.  Notwithstanding s. 101.62(1)(a) and (b), without the 339 
voter's written request or if a written request is not signed. 340 
 3.  Notwithstanding s. 101.62(3)(c), as soon as 341 
practicable. 342 
 (g)  If the supervisor determines that a poll worker 343 
shortage exists, appoint poll workers who have not met the 344 
training requirements in s. 102.014. However, such poll workers 345 
must have received the required training within the previous 2 346 
years. 347 
 (h)  Notwithstanding s. 102.012(2), appoint inspectors and 348 
clerks who are registered qualified electors of this state but 349 
who are not registered qualified electors of the applicable 350     
 
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county. 351 
 (2)  Each supervisor who submits a request pursuant to 352 
subsection (1) must, to the extent practicable, submit all such 353 
requests at once. Supervisors may submit revised or additional 354 
requests should the emergency situation in his or her affected 355 
county change. The Secretary of State must approve or deny the 356 
requests in writing within 36 hours after receipt. In deciding 357 
whether to approve the requests, the Secretary of State must 358 
consider the severity of the natural emergency, the damage to 359 
the impacted area, the extent of voter displacement, whether 360 
voters in an affected area have an e qual opportunity to cast a 361 
ballot, and any factor that could impede voter access to polling 362 
places, early voting sites, or supervisor offices. If the 363 
Secretary of State fails to approve or deny a request within the 364 
36-hour period, the request is deemed app roved. The Secretary of 365 
State must publish each approval and denial on the department's 366 
website. 367 
 (3)  The supervisor must publish each approval and denial 368 
pursuant to subsection (2) on its website and must also use 369 
print and broadcast media, social media, Internet websites, 370 
polling place signage, and any other method necessary to inform 371 
affected voters of any changes to elections made under this 372 
section. 373 
 Section 4.  Section 101.735, Florida Statutes, is created 374 
to read: 375     
 
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 101.735  Election emergency cont ingency plans.— 376 
 (1)  The division shall adopt by rule a statewide election 377 
emergency contingency plan to provide specific direction in the 378 
event an emergency occurs preceding or during an election. The 379 
contingency plan shall include, at minimum, procedure s to: 380 
 (a)  Ensure that necessary parties are notified of any 381 
changes impacting an election that has been suspended, delayed, 382 
rescheduled, or otherwise affected by an emergency. As used in 383 
this paragraph, necessary parties include proper authorities, 384 
the electorate, the media, poll workers, and polling place 385 
custodians. 386 
 (b)  Ensure that an election that has been suspended, 387 
delayed, rescheduled, or otherwise affected by an emergency is 388 
conducted in a safe and orderly manner. The procedures must 389 
include a plan to coordinate the actions of the division, 390 
supervisors, county canvassing boards, and, if appropriate, 391 
members of the governing body holding such election. 392 
 (c)  Determine the safety of existing polling places or 393 
designate additional polling places in c oordination with the 394 
appropriate emergency management officials. 395 
 (d)  Release and certify returns to the division for 396 
elections suspended, delayed, rescheduled, or otherwise affected 397 
by an emergency. 398 
 (e)  Coordinate efforts between supervisors in affecte d and 399 
unaffected counties to ensure voting opportunities for affected 400     
 
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voters, including ensuring the delivery of vote -by-mail ballots 401 
to law enforcement officers, military personnel, first 402 
responders, and utility line workers. 403 
 (2)  Each supervisor shall d evelop, in consultation with 404 
local emergency management officials, a local election emergency 405 
contingency plan. The contingency plan must be submitted to the 406 
division for approval by May 1 of every odd -numbered year. The 407 
division must determine whether the local election emergency 408 
contingency plan is sufficient no later than May 30. The 409 
division shall adopt rules to implement this subsection, 410 
including the creation of standard criteria for determining the 411 
sufficiency of local election emergency contingency plans. 412 
 Section 5.  Section 101.736, Florida Statutes, is created 413 
to read: 414 
 101.736  Election emergency training; best practices. — 415 
 (1)  As used in this section, the term "tabletop exercise" 416 
means a session in which participants are guided through 417 
possible scenarios and discuss their roles and responsibilities 418 
if such a scenario occurs, as well as how they would respond to 419 
such a scenario. 420 
 (2)  The Secretary of State, in coordination with 421 
supervisors, shall develop an election emergency training 422 
program. The training is required for newly elected or appointed 423 
supervisors and any critical staff, as determined by a 424 
supervisor. The Secretary of State shall update such training at 425     
 
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least once every 4 years. 426 
 (3)  By June 1 of every odd -numbered year, the Secretary of 427 
State shall convene a workgroup to create a list of best 428 
practices for conducting an election during an emergency. 429 
 (a)  The workgroup must include at least 10 current 430 
supervisors. 431 
 (b)  The workgroup must participate in tabletop exercises 432 
involving election emergencies. 433 
 (4)  Using the list created in subsection (3), the 434 
Secretary of State must: 435 
 (a)  Incorporate practices applicable to all counties into 436 
the statewide election emergency contingency plan under s. 437 
101.735(1). 438 
 (b)  Recommend practices applicable to specific counties to 439 
the applicable supervisor for inclusion in the supervisor's 440 
local election emergency contingency plan under s. 101.735(2). 441 
 Section 6.  Section 163.31795, Florida Statutes, is created 442 
to read: 443 
 163.31795  Participation in the National Flood Insurance 444 
Program.— 445 
 (1)  For purposes of this section, the term: 446 
 (a)  "Cumulative substantial improvement period" means the 447 
period during which an aggregate of improvements or repairs are 448 
considered for purposes of determinin g substantial improvement 449 
as defined in s. 161.54(12). 450     
 
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 (b)  "Local government" has the same meaning as in s. 451 
163.2514. 452 
 (2)  A local government that is participating in the 453 
National Flood Insurance Program may not adopt a cumulative 454 
substantial improvemen t period that is longer than 1 year. 455 
 Section 7.  Subsection (14) is added to section 163.31801, 456 
Florida Statutes, to read: 457 
 163.31801  Impact fees; short title; intent; minimum 458 
requirements; audits; challenges. — 459 
 (14)  A local government, school distric t, or special 460 
district may not assess an impact fee for the reconstruction or 461 
replacement of a previously existing structure if the 462 
replacement structure is of the same land use as the original 463 
structure and does not increase the impact on public facilitie s 464 
beyond that of the original structure. However, if the 465 
replacement structure increases the demand on public facilities 466 
due to a significant increase in size, intensity, or capacity of 467 
use, a local government, school district, or special district 468 
may assess an impact fee in an amount proportional to the 469 
difference in the demand between the replacement structure and 470 
the original structure. Any such fee must be reasonably 471 
connected to, or have a rational nexus with, the need for 472 
additional capital facilities and the increased impact generated 473 
by the reconstruction or replacement of a previously existing 474 
structure. 475     
 
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 Section 8.  Paragraphs (a) and (b) of subsection (4) of 476 
section 193.155, Florida Statutes, are amended to read: 477 
 193.155  Homestead assessments.—Homestead property shall be 478 
assessed at just value as of January 1, 1994. Property receiving 479 
the homestead exemption after January 1, 1994, shall be assessed 480 
at just value as of January 1 of the year in which the property 481 
receives the exemptio n unless the provisions of subsection (8) 482 
apply. 483 
 (4)(a)  Except as provided in paragraph (b) and s. 193.624, 484 
changes, additions, or improvements to homestead property shall 485 
be assessed at just value as of the first January 1 after the 486 
changes, additions, or improvements are substantially completed. 487 
Maintenance or repair of the homestead property, including roof 488 
or window replacement, may not be considered to be a change, an 489 
addition, or an improvement under this subsection. 490 
 (b)1.  Changes, additions, or i mprovements that replace all 491 
or a portion of homestead property, including ancillary 492 
improvements, damaged or destroyed by misfortune or calamity 493 
shall be assessed upon substantial completion as provided in 494 
this paragraph. Such assessment must be calculate d using the 495 
homestead property's assessed value as of the January 1 496 
immediately before the date on which the damage or destruction 497 
was sustained, subject to the assessment limitations in 498 
subsections (1) and (2), when: 499 
 a.  The square footage of the homeste ad property as changed 500     
 
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or improved does not exceed 130 110 percent of the square 501 
footage of the homestead property before the damage or 502 
destruction; or 503 
 b.  The total square footage of the homestead property as 504 
changed or improved does not exceed 2,000 1,500 square feet. 505 
 506 
When a homestead property is elevated above the base flood 507 
elevation within a special flood hazard area, the square footage 508 
underneath the homestead property that is used only for parking, 509 
storage, or access is not included when determinin g the total 510 
square footage of the homestead property as changed or improved 511 
under this subparagraph. 512 
 2.  The homestead property's assessed value must be 513 
increased by the just value of that portion of the changed or 514 
improved homestead property which is in excess of 130 110 515 
percent of the square footage of the homestead property before 516 
the damage or destruction or of that portion exceeding 2,000 517 
1,500 square feet. 518 
 3.  Homestead property damaged or destroyed by misfortune 519 
or calamity which, after being chang ed or improved, has a square 520 
footage of less than 100 percent of the homestead property's 521 
total square footage before the damage or destruction shall be 522 
assessed pursuant to subsection (5). 523 
 4.  Changes, additions, or improvements assessed pursuant 524 
to this paragraph must be reassessed pursuant to subsection (1) 525     
 
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in subsequent years. This paragraph applies to changes, 526 
additions, or improvements commenced within 5 years after the 527 
January 1 following the damage or destruction of the homestead. 528 
 Section 9.  Paragraph (b) of subsection (1) of section 529 
215.559, Florida Statutes, is amended to read: 530 
 215.559  Hurricane Loss Mitigation Program. —A Hurricane 531 
Loss Mitigation Program is established in the Division of 532 
Emergency Management. 533 
 (1)  The Legislature shall ann ually appropriate $10 million 534 
of the moneys authorized for appropriation under s. 535 
215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the 536 
division for the purposes set forth in this section. Of the 537 
amount: 538 
 (b)  Three million dollars in funds shall be used to 539 
construct or retrofit facilities used as public hurricane 540 
shelters. Each year the division shall prioritize the use of 541 
these funds for projects included in the annual report of the 542 
Shelter Development Re port prepared in accordance with s. 543 
252.385(3). The division shall must give funding priority to 544 
projects located in counties regional planning council regions 545 
that have shelter deficits , projects that are publicly owned, 546 
other than schools, and to projects that maximize the use of 547 
state funds. 548 
 Section 10.  Section 250.375, Florida Statutes, is amended 549 
to read: 550     
 
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 250.375  Medical officer authorization. —A servicemember 551 
trained to provide medical care who is serving under the 552 
direction of the Florida Nation al Guard State Surgeon and is 553 
assigned to a military duty position and authorized by the 554 
Florida National Guard to provide medical care within the scope 555 
of the servicemember's professional licensure by virtue of such 556 
duty position may provide such medical care to military 557 
personnel and civilians within this state physician who holds an 558 
active license to practice medicine in any state, a United 559 
States territory, or the District of Columbia, while serving as 560 
a medical officer with or in support of the Florida National 561 
Guard, pursuant to federal or state orders, may practice 562 
medicine on military personnel or civilians during an emergency 563 
or declared disaster or during federal military training . 564 
 Section 11.  Paragraphs (y) through (dd) of subsection (2) 565 
of section 252.35, Florida Statutes, are redesignated as 566 
paragraphs (x) through (cc), respectively, and paragraphs (a), 567 
(c), and (n) and present paragraph (x) of that subsection are 568 
amended to read: 569 
 252.35  Emergency management powers; Division of Emergency 570 
Management.— 571 
 (2)  The division is responsible for carrying out the 572 
provisions of ss. 252.31 -252.90. In performing its duties, the 573 
division shall: 574 
 (a)  Prepare a state comprehensive emergency management 575     
 
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plan, which must shall be integrated into and coordina ted with 576 
the emergency management plans and programs of the Federal 577 
Government. The division shall adopt the plan as a rule in 578 
accordance with chapter 120. The plan must be implemented by a 579 
continuous, integrated comprehensive emergency management 580 
program. The plan must contain provisions to ensure that the 581 
state is prepared for emergencies and minor, major, and 582 
catastrophic disasters, and the division shall work closely with 583 
local governments and agencies and organizations with emergency 584 
management responsibilities in preparing and maintaining the 585 
plan. The state comprehensive emergency management plan must be 586 
operations oriented and: 587 
 1.  Include an evacuation component that includes specific 588 
regional and interregional planning provisions and promotes 589 
intergovernmental coordination of evacuation activities. This 590 
component must, at a minimum: contain guidelines for lifting 591 
tolls on state highways; ensure coordination pertaining to 592 
evacuees crossing county lines; set forth procedures for 593 
directing people caug ht on evacuation routes to safe shelter; 594 
establish strategies for ensuring sufficient, reasonably priced 595 
fueling locations along evacuation routes; and establish 596 
policies and strategies for emergency medical evacuations. 597 
 2.  Include a shelter component th at includes specific 598 
regional and interregional planning provisions and promotes 599 
coordination of shelter activities between the public, private, 600     
 
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and nonprofit sectors. This component must, at a minimum: 601 
contain strategies to ensure the availability of adeq uate public 602 
shelter space in each county region of the state; establish 603 
strategies for refuge -of-last-resort programs; provide 604 
strategies to assist local emergency management efforts to 605 
ensure that adequate staffing plans exist for all shelters, 606 
including medical and security personnel; provide for a 607 
postdisaster communications system for public shelters; 608 
establish model shelter guidelines for operations, registration, 609 
inventory, power generation capability, information management, 610 
and staffing; and set for th policy guidance for sheltering 611 
people with special needs. 612 
 3.  Include a postdisaster response and recovery component 613 
that includes specific regional and interregional planning 614 
provisions and promotes intergovernmental coordination of 615 
postdisaster response and recovery activities. This component 616 
must provide for postdisaster response and recovery strategies 617 
according to whether a disaster is minor, major, or 618 
catastrophic. The postdisaster response and recovery component 619 
must, at a minimum: establish the structure of the state's 620 
postdisaster response and recovery organization; establish 621 
procedures for activating the state's plan; set forth policies 622 
used to guide postdisaster response and recovery activities; 623 
describe the chain of command during the postdis aster response 624 
and recovery period; describe initial and continuous 625     
 
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postdisaster response and recovery actions; identify the roles 626 
and responsibilities of each involved agency and organization; 627 
provide for a comprehensive communications plan; establish 628 
procedures for coordinating and monitoring statewide mutual aid 629 
agreements reimbursable under federal public disaster assistance 630 
programs; provide for rapid impact assessment teams; ensure the 631 
availability of an effective statewide urban search and rescue 632 
program coordinated with the fire services; ensure the existence 633 
of a comprehensive statewide medical care and relief plan 634 
administered by the Department of Health; and establish systems 635 
for coordinating volunteers and accepting and distributing 636 
donated funds and goods. 637 
 4.  Include additional provisions addressing aspects of 638 
preparedness, response, recovery, and mitigation as determined 639 
necessary by the division. 640 
 5.  Address the need for coordinated and expeditious 641 
deployment of state resources, including th e Florida National 642 
Guard. In the case of an imminent major disaster, procedures 643 
should address predeployment of the Florida National Guard, and, 644 
in the case of an imminent catastrophic disaster, procedures 645 
should address predeployment of the Florida Nation al Guard and 646 
the United States Armed Forces. 647 
 6.  Establish a system of communications and warning to 648 
ensure that the state's population and emergency management 649 
agencies are warned of developing emergency situations, 650     
 
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including public health emergencies, a nd can communicate 651 
emergency response decisions. 652 
 7.  Establish guidelines and schedules for annual exercises 653 
that evaluate the ability of the state and its political 654 
subdivisions to respond to minor, major, and catastrophic 655 
disasters and support local eme rgency management agencies. Such 656 
exercises shall be coordinated with local governments and, to 657 
the extent possible, the Federal Government. 658 
 8.  Assign lead and support responsibilities to state 659 
agencies and personnel for emergency support functions and ot her 660 
support activities. 661 
 9.  Include the public health emergency plan developed by 662 
the Department of Health pursuant to s. 381.00315. 663 
 10.  Include an update on the status of the emergency 664 
management capabilities of the state and its political 665 
subdivisions. The update must include the emergency management 666 
capabilities related to public health emergencies, as determined 667 
in collaboration with the Department of Health. 668 
 669 
The complete state comprehensive emergency management plan must 670 
be submitted to the Preside nt of the Senate, the Speaker of the 671 
House of Representatives, and the Governor on February 1 of 672 
every even-numbered year. 673 
 (c)  Assist political subdivisions in preparing and 674 
maintaining emergency management plans. Such assistance must 675     
 
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include the development of a template for comprehensive 676 
emergency management plans, including plans for natural 677 
disasters, and guidance on the development of mutual aid 678 
agreements. 679 
 (n)  Implement training programs to maintain this state's 680 
status as a national leader in emer gency management and improve 681 
the ability of state and local emergency management personnel to 682 
prepare and implement emergency management plans and programs. 683 
This must shall include a continuous training program for 684 
agencies and individuals who that will be called on to perform 685 
key roles in state and local postdisaster response and recovery 686 
efforts and for local government personnel on federal and state 687 
postdisaster response and recovery strategies and procedures. 688 
The division shall specify requireme nts for the minimum number 689 
of training hours that county or municipal administrators, 690 
county or city managers, county or municipal emergency 691 
management directors, and county or municipal public works 692 
directors or other officials responsible for the constru ction 693 
and maintenance of public infrastructure must complete 694 
biennially in addition to the training required pursuant to s. 695 
252.38(1)(b). Such training may be provided by the division or, 696 
for county personnel, by a foundation that is a not -for-profit 697 
corporation under s. 501(c)(3) of the Internal Revenue Code and 698 
has a governing board that includes in its membership county 699 
commissioners and professional county staff. If training is 700     
 
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provided by a foundation, such training must be approved by the 701 
division. 702 
 (x)  Report biennially to the President of the Senate, the 703 
Speaker of the House of Representatives, the Chief Justice of 704 
the Supreme Court, and the Governor, no later than February 1 of 705 
every odd-numbered year, the status of the emergency management 706 
capabilities of the state and its political subdivisions. This 707 
report must include the emergency management capabilities 708 
related to public health emergencies, as determined in 709 
collaboration with the Department of Health. 710 
 Section 12.  Subsection (4) of section 252.355, Florida 711 
Statutes, is renumbered as subsection (5), paragraph (b) of 712 
subsection (2) is amended, and a new subsection (4) is added to 713 
that section, to read: 714 
 252.355  Registry of persons with special needs; notice; 715 
registration program. — 716 
 (2)  In order to ensure that all persons with special needs 717 
may register, the division shall develop and maintain a special 718 
needs shelter registration program. During a public health 719 
emergency in which physical distancing is necessary, as 720 
determined by the State Hea lth Officer, the division must 721 
maintain information on special needs shelter options that 722 
mitigate the threat of the spread of infectious diseases. 723 
 (b)  To assist in identifying persons with special needs, 724 
home health agencies, hospices, nurse registries, home medical 725     
 
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equipment providers, the Department of Veterans' Affairs, the 726 
Department of Children and Families, the Department of Health, 727 
the Agency for Health Care Administration, the Department of 728 
Education, the Agency for Persons with Disabilities, the 729 
Department of Elderly Affairs, and memory disorder clinics 730 
shall, and any physician licensed under chapter 458 or chapter 731 
459 and any pharmacy licensed under chapter 465 may, annually 732 
provide registration information to all of their special needs 733 
clients or their caregivers. The Florida Housing Finance 734 
Corporation shall enter into memoranda of understanding with the 735 
Department of Elderly Affairs and with the Agency for Persons 736 
with Disabilities to ensure special needs registration 737 
information is provided t o residents of low-income senior 738 
independent living properties and independent living properties 739 
for persons with intellectual or developmental disabilities 740 
funded by the Florida Housing Finance Corporation, respectively. 741 
The division shall develop a broch ure that provides information 742 
regarding special needs shelter registration procedures. The 743 
brochure must be easily accessible on the division's website. 744 
All appropriate agencies and community -based service providers, 745 
including aging and disability resource centers, memory disorder 746 
clinics, home health care providers, hospices, nurse registries, 747 
and home medical equipment providers, shall, and any physician 748 
licensed under chapter 458 or chapter 459 may, assist emergency 749 
management agencies by annually regist ering persons with special 750     
 
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needs for special needs shelters, collecting registration 751 
information for persons with special needs as part of the 752 
program intake process, and establishing programs to educate 753 
clients about the registration process and disaster preparedness 754 
safety procedures. A client of a state -funded or federally 755 
funded service program who has a physical, mental, or cognitive 756 
impairment or sensory disability and who needs assistance in 757 
evacuating, or when in a shelter, must register as a person with 758 
special needs. The registration program shall give persons with 759 
special needs the option of preauthorizing emergency response 760 
personnel to enter their homes during search and rescue 761 
operations if necessary to ensure their safety and welfare 762 
following disasters. 763 
 (4)  The caregiver of a person with special needs who is 764 
eligible for admission to a special needs shelter, and all 765 
persons for whom he or she is the caregiver, shall be allowed to 766 
shelter together in the special needs shelter. If a person wit h 767 
special needs is responsible for the care of persons without 768 
special needs, those persons shall be allowed to use the special 769 
needs shelter with the person with special needs. 770 
 Section 13.  Subsections (3) through (6) of section 771 
252.359, Florida Statut es, are amended to read: 772 
 252.359  Ensuring availability of emergency supplies. — 773 
 (3)  The division, as a function of emergency preparation, 774 
response, and recovery, may facilitate shall develop a system to 775     
 
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certify each person who facilitates the transport or 776 
distribution of essentials in commerce. The division may not 777 
certify a person other than a person who routinely transports or 778 
distributes essentials. In developing the system, the division: 779 
 (a) may provide for a preemergency or postemer gency 780 
transportation of essentials declaration certification . 781 
 (b)  Shall allow the certification of an employer, if 782 
requested by the employer, to constitute a certification of the 783 
employer's employees. 784 
 (c)  Shall create an easily recognizable indicium of 785 
certification to assist local officials' efforts in determining 786 
which persons have been certified under this subsection. 787 
 (d)  Shall limit the duration of each certificate to no 788 
more than 1 year. Each certificate may be renewed so long as the 789 
criteria for certification are met. 790 
 (4)  A person authorized to transport essentials or 791 
employer certified under subsection (3) is not required to 792 
obtain any additional certification or fulfill any additional 793 
requirement to transport or distribute essentials. 794 
 (5)  Notwithstanding any curfew, restriction, road block, 795 
quarantine, or other limitation on access to an area, a person 796 
authorized or employer certified under subsection (3) to deliver 797 
essentials may enter or remain in the restricted curfew area for 798 
the limited purpose of facilitating the transport or 799 
distribution of essentials and may provide service that exceeds 800     
 
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otherwise applicable hours of service maximums to the extent 801 
authorized by a duly executed declaration of a state of 802 
emergency. Local law enforcement shall cooperate with the 803 
division to ensure the availability of essentials under this 804 
section. 805 
 (6)  This section does not prohibit a law enforcement 806 
officer from specifying the permissible route of ingress or 807 
egress for a person authorized certified under subsection (3). 808 
Notwithstanding this section, all state roadways are determined 809 
by the Florida Highway Patrol in coordination with the 810 
Department of Transportation. 811 
 Section 14.  Subsection (2) of section 252.3611, Florida 812 
Statutes, is amended, and subs ection (5) is added to that 813 
section, to read: 814 
 252.3611  Transparency; audits. — 815 
 (2)  If When the duration of a declaration of a state of an 816 
emergency issued by the Governor exceeds 90 days: 817 
 (a)1.  The Executive Office of the Governor or the 818 
appropriate agency, within 72 hours after of executing a 819 
contract executed with moneys authorized for expenditure to 820 
support the response to the declared state of emergency, must 821 
the Executive Office of the Governor or the appropriate agency 822 
shall submit a copy of such contract to the Legislature. For 823 
contracts executed during the first 90 days of the declared 824 
state of emergency, the Executive Office of the Governor or the 825     
 
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appropriate agency shall submit a copy to the Legislature within 826 
the first 120 days of the declared state of emergency. 827 
 2.  All contracts executed to support the response to a 828 
declared state of emergency, including contracts executed before 829 
a declared state of emergency to secure resources or services in 830 
advance or anticipation o f an emergency, must be posted on the 831 
secure contract tracking system required under s. 215.985(14). 832 
 (b)  The Executive Office of the Governor or the 833 
appropriate agency shall submit monthly reports to the 834 
Legislature of all state expenditures, revenues re ceived, and 835 
funds transferred by an agency during the previous month to 836 
support the declared state of emergency. 837 
 (5)  Annually, by January 15, the division shall report to 838 
the President of the Senate, the Speaker of the House of 839 
Representatives, and the c hairs of the appropriations committee 840 
of each house of the Legislature on expenditures related to 841 
emergencies incurred over the year from November 1 of the 842 
previous year. The report must include: 843 
 (a)  A separate summary of each emergency event, whether 844 
complete or ongoing, and key actions taken by the division. 845 
 (b)  Details of expenditures, separated by emergency event 846 
and agency, for preparing for, responding to, or recovering from 847 
the event. The report must specify detailed expenditures for the 848 
entire report time period; specify total expenditures for the 849 
event; and indicate amounts that are being or are anticipated to 850     
 
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be reimbursed by the Federal Emergency Management Agency or 851 
other federal entity, amounts ineligible for reimbursement, and 852 
any amounts deobligated by the Federal Emergency Management 853 
Agency or other federal entity for reimbursement. The division 854 
shall review expenditures by state agencies to ensure that 855 
efforts, purchases, contracts, or expenditures are not 856 
duplicated. 857 
 (c)  An accounting of all inventory and assets purchased, 858 
separated by emergency event and agency, for preparing for, 859 
responding to, or recovering from the event, including motor 860 
vehicles, boats, computers, and other equipment, and the current 861 
status of such assets, includin g divestment, sale, or donation 862 
by the state. The report must include a detailed accounting for 863 
the entire report time period and specify a total for the event. 864 
 Section 15.  Paragraph (a) of subsection (1) of section 865 
252.363, Florida Statutes, is amende d to read: 866 
 252.363  Tolling and extension of permits and other 867 
authorizations.— 868 
 (1)(a)  The declaration of a state of emergency issued by 869 
the Governor for a natural emergency tolls the period remaining 870 
to exercise the rights under a permit or other autho rization for 871 
the duration of the emergency declaration. Further, the 872 
emergency declaration extends the period remaining to exercise 873 
the rights under a permit or other authorization for 24 months 874 
in addition to the tolled period. The extended period to 875     
 
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exercise the rights under a permit or other authorization may 876 
not exceed 48 months in total in the event of multiple natural 877 
emergencies for which the Governor declares a state of 878 
emergency. The tolling and extension of permits and other 879 
authorizations under t his paragraph shall apply retroactively to 880 
September 28, 2022. This paragraph applies to the following: 881 
 1.  The expiration of a development order issued by a local 882 
government. 883 
 2.  The expiration of a building permit. 884 
 3.  The expiration of a permit issue d by the Department of 885 
Environmental Protection or a water management district pursuant 886 
to part IV of chapter 373. 887 
 4.  Permits issued by the Department of Environmental 888 
Protection or a water management district pursuant to part II of 889 
chapter 373 for land subject to a development agreement under 890 
ss. 163.3220-163.3243 in which the permittee and the developer 891 
are the same or a related entity. 892 
 5.  The buildout date of a development of regional impact, 893 
including any extension of a buildout date that was previo usly 894 
granted as specified in s. 380.06(7)(c). 895 
 6.  The expiration of a development permit or development 896 
agreement authorized by Florida Statutes, including those 897 
authorized under the Florida Local Government Development 898 
Agreement Act, or issued by a local government or other 899 
governmental agency. 900     
 
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 7.  The formal determination of the delineation of the 901 
extent of wetlands under s. 373.421. Notwithstanding the 902 
timeframes provided in this paragraph, the tolling and extension 903 
of determinations under this subpara graph shall apply 904 
retroactively to January 1, 2023. 905 
 Section 16.  Subsection (4) of section 252.365, Florida 906 
Statutes, is amended to read: 907 
 252.365  Emergency coordination officers; disaster -908 
preparedness plans.— 909 
 (4)  On or before May 1 of each year, the head of each 910 
agency shall notify the Governor and the division in writing of 911 
the person initially designated as the emergency coordination 912 
officer for such agency and her or his alternate and of any 913 
changes in persons so designated thereafter. 914 
 Section 17.  Paragraphs (c) and (d) of subsection (5) of 915 
section 252.37, Florida Statutes, are redesignated as paragraphs 916 
(d) and (e), respectively, a new paragraph (c) is added to that 917 
subsection, and subsection (7) is added to that section, to 918 
read: 919 
 252.37  Financing.— 920 
 (5)  Unless otherwise specified in the General 921 
Appropriations Act: 922 
 (c)  If the division intends to accept or apply for federal 923 
funds for a division -administered program that is new, that will 924 
be implemented in a manner that is innovative or significantly 925     
 
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different from the manner in which the program is typically 926 
administered, or that will require a state match for which the 927 
division will be required to seek new budget authority, the 928 
division must notify the Legislature of its intent to accep t or 929 
apply for the federal funds. The notice must detail the federal 930 
program under which the funds will be accepted or applied for, 931 
the intended purpose and use of the funds, and the amount of 932 
funds, including the estimated state match. 933 
 (7)  The division shall take steps to maximize the 934 
availability and expedite the distribution of financial 935 
assistance from the Federal Government to state and local 936 
agencies. Such steps must include the standardization and 937 
streamlining of the application process for financi al assistance 938 
through the federal Public Assistance Program and provision of 939 
assistance to applicants in order to mitigate the risk of 940 
noncompliance with federal program requirements. The division 941 
shall use federal funds allocated as management costs or ot her 942 
funds as appropriated to implement this subsection. 943 
 Section 18.  Section 252.3713, Florida Statutes, is created 944 
to read: 945 
 252.3713  Hazard Mitigation Grant Program. — 946 
 (1)  The division shall administer the Hazard Mitigation 947 
Grant Program as authoriz ed and described in s. 404 of the 948 
Robert T. Stafford Disaster Relief and Emergency Assistance Act, 949 
as amended by Pub. L. No. 103 -181, Pub. L. No. 103 -337, and Pub. 950     
 
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L. No. 106-390. 951 
 (2)  The division may retain no more than 25 percent of the 952 
total federal allocation of funds received for use within the 953 
state. A minimum of 75 percent of any funds received pursuant to 954 
a declared disaster must be distributed for use by the 955 
subrecipients in the counties specified in the Presidential 956 
Disaster Declaration for that disaster. However, a subrecipient 957 
may elect to share some or all of its allocation with the 958 
division to be used for projects benefiting the region in which 959 
the subrecipient is located. 960 
 (3)  The division and subrecipients shall consider projects 961 
that fulfill the following purposes when adopting mitigation 962 
strategies and plans and applying for funds under the grant 963 
program: 964 
 (a)  Reducing shelter space deficits through retrofitting 965 
of existing shelters and hardening of public buildings that are 966 
not schools. Reducing deficits in shelter space intended to 967 
accommodate individuals with special needs must be prioritized 968 
before addressing deficits in other types of shelter space. 969 
Additionally, general population shelters which are retrofitted 970 
must also account for federal accessibility standards and state 971 
accessibility standards in part II of chapter 553. 972 
 (b)  Mitigating impacts to public infrastructure, including 973 
roads, bridges, and stormwater, water, and sewer systems, to 974 
enhance resistance to natural hazards an d prevent and reduce 975     
 
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losses. 976 
 (c)  Mitigating impacts to school facilities which will 977 
reduce future disaster losses and make the facilities more 978 
resistant to natural hazards. 979 
 (d)  Retrofitting of regional and local emergency 980 
management or operations cente rs. 981 
 (e)  Other projects that the division may define by rule. 982 
 (4)  The division may coordinate with other state agencies 983 
and political subdivisions to develop and implement innovative 984 
approaches to funding mitigation projects using grants under the 985 
Hazard Mitigation Grant Program, including, but not limited to, 986 
combining funding received from multiple federal and state 987 
programs. The division, in cooperation with other state agencies 988 
that administer federal grant programs, shall ensure that: 989 
 (a)  Projects funded through multiple programs comply with 990 
all applicable federal and state requirements of the respective 991 
programs under which funding was received. 992 
 (b)  Funding is used for projects in the geographic areas 993 
specified in the grant of funding. 994 
 (5)  A fiscally constrained county may request that the 995 
division administer the grant for such county. A fiscally 996 
constrained county may request additional assistance from the 997 
division in preparing applications for grants and developing a 998 
structure for implementin g, monitoring the execution of, and 999 
closing out projects. 1000     
 
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 (6)  The division shall adopt rules to implement this 1001 
section. 1002 
 Section 19.  Paragraph (a) of subsection (2) of section 1003 
252.373, Florida Statutes, is amended to read: 1004 
 252.373  Allocation of fund s; rules.— 1005 
 (2)  The division shall allocate funds from the Emergency 1006 
Management, Preparedness, and Assistance Trust Fund to local 1007 
emergency management agencies and programs pursuant to criteria 1008 
specified in rule. Such rules shall include, but are not limi ted 1009 
to: 1010 
 (a)  Requiring that, at a minimum, a local emergency 1011 
management agency either: 1012 
 1.  Have a program director who works at least 40 hours a 1013 
week in that capacity; or 1014 
 2.  If the county has fewer than 75,000 population or is 1015 
party to an interjurisdic tional emergency management agreement 1016 
entered into pursuant to s. 252.38(3)(c) s. 252.38(3)(b), that 1017 
is recognized by the Governor by executive order or rule, have 1018 
an emergency management coordinator who works at least 20 hours 1019 
a week in that capacity. 1020 
 Section 20.  Paragraphs (a) and (b) of subsection (3) of 1021 
section 252.38, Florida Statutes, are redesignated as paragraphs 1022 
(b) and (c), respectively, a new paragraph (a) is added to that 1023 
subsection, and paragraph (a) of subsection (1) is amended, to 1024 
read: 1025     
 
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 252.38  Emergency management powers of political 1026 
subdivisions.—Safeguarding the life and property of its citizens 1027 
is an innate responsibility of the governing body of each 1028 
political subdivision of the state. 1029 
 (1)  COUNTIES.— 1030 
 (a)  In order to provide effec tive and orderly governmental 1031 
control and coordination of emergency operations in emergencies 1032 
within the scope of ss. 252.31 -252.90, each county within this 1033 
state shall be within the jurisdiction of, and served by, the 1034 
division. Except as otherwise provide d in ss. 252.31-252.90, 1035 
each local emergency management agency shall have jurisdiction 1036 
over and serve an entire county. Unless part of an 1037 
interjurisdictional emergency management agreement entered into 1038 
pursuant to paragraph (3)(c) (3)(b) which is recognized by the 1039 
Governor by executive order or rule, each county must establish 1040 
and maintain such an emergency management agency and shall 1041 
develop a county emergency management plan and program that is 1042 
coordinated and consistent with the state comprehensive 1043 
emergency management plan and program. Counties that are part of 1044 
an interjurisdictional emergency management agreement entered 1045 
into pursuant to paragraph (3)(c) (3)(b) which is recognized by 1046 
the Governor by executive order or rule shall cooperatively 1047 
develop an emergency management plan and program that is 1048 
coordinated and consistent with the state comprehensive 1049 
emergency management plan and program. 1050     
 
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 (3)  EMERGENCY MANAGEMENT POWERS; POLITICAL SUBDIVISIONS. — 1051 
 (a)  Each political subdivision shall notify the division 1052 
on or before May 1 each year of the person designated as the 1053 
emergency contact for the political subdivision and his or her 1054 
alternate and of any changes in p ersons so designated 1055 
thereafter. For a county, the emergency contact must be the 1056 
county emergency management director. 1057 
 Section 21.  Section 252.381, Florida Statutes, is created 1058 
to read: 1059 
 252.381  Information related to natural emergencies; 1060 
poststorm county and municipal permitting; operations. — 1061 
 (1)  Each county and municipality must post on its publicly 1062 
accessible website: 1063 
 (a)  A frequently asked questions web page related to 1064 
natural emergency response, emergency preparedness, and public 1065 
relief for residents following an emergency. The web page must 1066 
answer questions concerning resident evacuations; safety tips; 1067 
generator, food and drinking water, and wastewater and 1068 
stormwater safety; damage assessment; debris cleanup; accessing 1069 
assistance through the F ederal Emergency Management Agency and 1070 
this state; building recovery; natural emergency guidance; 1071 
applicable laws; and what to do before, during, and after an 1072 
emergency. 1073 
 (b)  A disaster supply list and a list of emergency 1074 
shelters. 1075     
 
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 (c)  Links to informat ion about flood zones. 1076 
 (d)  A checklist for residents explaining next steps to 1077 
take during postdisaster recovery. 1078 
 (e)  Information specific to persons with disabilities, 1079 
including, but not limited to, guidelines for special needs 1080 
shelter registration; an explanation of how to register for 1081 
special needs shelters and where to obtain assistance with that 1082 
process; guidelines as to the level of care that is or is not 1083 
provided at a special needs shelter as well as situations when 1084 
either a general population she lter or hospital should be 1085 
considered; and any other postdisaster assistance or resources 1086 
available to affected persons with disabilities impacted by a 1087 
disaster. 1088 
 (2)  Each county and municipality shall develop a poststorm 1089 
permitting plan to expedite recov ery and rebuilding by providing 1090 
for special building permit and inspection procedures after a 1091 
hurricane or tropical storm. The plan must, at a minimum: 1092 
 (a)  Ensure sufficient personnel are prepared and available 1093 
to expeditiously manage postdisaster buildi ng inspection, 1094 
permitting, and enforcement tasks. The plan must anticipate 1095 
conditions that would necessitate supplemental personnel for 1096 
such tasks and address methods for fulfilling such personnel 1097 
needs, including through mutual aid agreements as authorize d in 1098 
s. 252.40, other arrangements, such as those with private sector 1099 
contractors, or supplemental state or federal funding. The plan 1100     
 
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must include training requirements and protocols for 1101 
supplemental personnel to ensure compliance with local 1102 
floodplain management requirements that apply within the county 1103 
or municipality. 1104 
 (b)  Account for multiple or alternate locations where 1105 
building permit services may be offered in person to the public 1106 
following a hurricane or tropical storm during regular business 1107 
hours. 1108 
 (c)  Specify a protocol to expedite permitting procedures 1109 
and, if practicable, for the waiver or reduction of applicable 1110 
fees in accordance with and in addition to the procedures and 1111 
waivers provided for under s. 553.7922. The plan must identify 1112 
the types of permits that are frequently requested following a 1113 
hurricane or tropical storm and methods to expedite the 1114 
processing of such permits. 1115 
 (d)  Specify procedures and resources necessary to promote 1116 
expeditious debris removal following a hurricane or trop ical 1117 
storm. 1118 
 (3)(a)  Each county and municipality shall publish on its 1119 
website a hurricane and tropical storm recovery permitting guide 1120 
for residential and commercial property owners. The guide must 1121 
describe: 1122 
 1.  The types of poststorm repairs that requir e a permit 1123 
and applicable fees. 1124 
 2.  The types of poststorm repairs that do not require a 1125     
 
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permit. 1126 
 3.  The poststorm permit application process and specific 1127 
modifications the county or municipality commonly makes to 1128 
expedite the process, including the phys ical locations where 1129 
permitting services will be offered. 1130 
 4.  Local requirements for rebuilding specific to the 1131 
county or municipality, including elevation requirements 1132 
following substantial damage and substantial improvement 1133 
pursuant to the National Floo d Insurance Program (NFIP) and any 1134 
local amendments to the building code. 1135 
 (b)  As soon as practicable following a hurricane or 1136 
tropical storm, a county or municipality within the area for 1137 
which a state of emergency pursuant to s. 252.36 for such 1138 
hurricane or tropical storm is declared shall publish updates on 1139 
its website to the information required under paragraph (a) 1140 
which are specific to such storm, including any permitting fee 1141 
waivers or reductions. 1142 
 (4)  For 180 days after a state of emergency is decla red 1143 
pursuant to s. 252.36 for a hurricane or tropical storm, a 1144 
county or municipality within the area for which the state of 1145 
emergency is declared may not increase building permit or 1146 
inspection fees. 1147 
 (5)  On or before May 1, 2026, each county and municipa lity 1148 
must provide an online option for receiving, reviewing, and 1149 
accessing substantial damage and substantial improvement 1150     
 
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letters. The county or municipality must allow homeowners to 1151 
provide an e-mail address where they can receive digital copies 1152 
of such letters. 1153 
 (6)  As soon as reasonably practicable following the 1154 
landfall and passage of a hurricane or tropical storm, each 1155 
county and municipality that has experienced a direct impact 1156 
from a natural emergency must use its best efforts to open a 1157 
permitting office at which residents can access government 1158 
services for at least 40 hours per week. 1159 
 Section 22.  Subsections (2) and (3) of section 252.385, 1160 
Florida Statutes, are amended to read: 1161 
 252.385  Public shelter space; public records exemption. — 1162 
 (2)(a) The division shall administer a program to survey 1163 
existing schools, universities, community colleges, and other 1164 
state-owned, municipally owned, and county -owned public 1165 
buildings and any private facility that the owner, in writing, 1166 
agrees to provide for u se as a public hurricane evacuation 1167 
shelter to identify those that are appropriately designed and 1168 
located to serve as such shelters. The owners of the facilities 1169 
must be given the opportunity to participate in the surveys. The 1170 
state university boards of tr ustees, district school boards, 1171 
community college boards of trustees, and the Department of 1172 
Education are responsible for coordinating and implementing the 1173 
survey of public schools, universities, and community colleges 1174 
with the division or the local emerge ncy management agency. 1175     
 
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 (b)  By January 31 of each even -numbered year, the division 1176 
shall prepare and submit a statewide emergency shelter plan to 1177 
the Governor and Cabinet for approval, subject to the 1178 
requirements for approval in s. 1013.37(2). The emergen cy 1179 
shelter plan must project, for each of the next 5 years, the 1180 
hurricane shelter needs of the state, including periods of time 1181 
during which a concurrent public health emergency may 1182 
necessitate more space for each individual to accommodate 1183 
physical distancing. In addition to information on the general 1184 
shelter needs throughout this state, the plan must identify the 1185 
general location and square footage of special needs shelters, 1186 
by regional planning council region. The plan must also include 1187 
information on the availability of shelters that accept pets. 1188 
The Department of Health shall assist the division in 1189 
determining the estimated need for special needs shelter space 1190 
and the adequacy of facilities to meet the needs of persons with 1191 
special needs based on informa tion from the registries of 1192 
persons with special needs and other information. 1193 
 (3)(a) The division shall annually provide by October 15 1194 
to the Governor, the President of the Senate, and the Speaker of 1195 
the House of Representatives a report that includes , and the 1196 
Governor a list of facilities recommended to be retrofitted 1197 
using state funds. State funds should be maximized and targeted 1198 
to projects in counties regional planning council regions with 1199 
hurricane evacuation shelter deficits. Additionally, the 1200     
 
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division shall prioritize on the list of recommended facilities 1201 
other state-owned, municipal-owned, and county-owned public 1202 
buildings, other than schools, for retrofitting using state 1203 
funds. The owner or lessee of a public hurricane evacuation 1204 
shelter that is included on the list of facilities recommended 1205 
for retrofitting is not required to perform any recommended 1206 
improvements. 1207 
 (b)  The report required in paragraph (a) must include a 1208 
statewide emergency shelter plan that must project, for each of 1209 
the next 5 years, the hurricane shelter needs of the state. In 1210 
addition to information on the general shelter needs throughout 1211 
this state, the plan must identify, by county, the general 1212 
location and square footage of special needs shelters. The plan 1213 
must also include in formation on the availability of shelters 1214 
that accept pets. The Department of Health and the Agency for 1215 
Persons with Disabilities shall assist the division in 1216 
determining the estimated need for special needs shelter space, 1217 
the estimated need for general sh elter space to accommodate 1218 
persons with developmental disabilities, including, but not 1219 
limited to, autism, and the adequacy of facilities to meet the 1220 
needs of persons with special needs based on information from 1221 
the registries of persons with special needs and other 1222 
information. 1223 
 Section 23.  Section 252.421, Florida Statutes, is created 1224 
to read: 1225     
 
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 252.421  Management of roadway debris related to natural 1226 
emergencies.—The division shall coordinate with fiscally 1227 
constrained counties, as described in s. 218.6 7(1), included in 1228 
a declared state of emergency for a category 3 or higher 1229 
hurricane and the Department of Transportation to provide such 1230 
counties with state resources to remove debris from roadways, 1231 
including roadways that are publicly accessible but not 1232 
maintained by the county. 1233 
 Section 24.  Section 252.422, Florida Statutes, is created 1234 
to read: 1235 
 252.422  Restrictions on county or municipal regulations 1236 
after a hurricane.— 1237 
 (1)  As used in this section, the term "impacted local 1238 
government" means a count y listed in a federal disaster 1239 
declaration located entirely or partially within 100 miles of 1240 
the track of a storm declared to be a hurricane by the National 1241 
Hurricane Center while the storm was categorized as a hurricane 1242 
or a municipality located within su ch a county. 1243 
 (2)  For 1 year after a hurricane makes landfall, an 1244 
impacted local government may not propose or adopt: 1245 
 (a)  A moratorium on construction, reconstruction, or 1246 
redevelopment of any property. 1247 
 (b)  A more restrictive or burdensome amendment to its 1248 
comprehensive plan or land development regulations. 1249 
 (c)  A more restrictive or burdensome procedure concerning 1250     
 
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review, approval, or issuance of a site plan, development 1251 
permit, or development order, to the extent that those terms are 1252 
defined in s. 163.3164. 1253 
 (3)  Notwithstanding subsection (2), a comprehensive plan 1254 
amendment, land development regulation amendment, site plan, 1255 
development permit, or development order approved or adopted by 1256 
an impacted local government before or after the effective dat e 1257 
of this act may be enforced if: 1258 
 (a)  The associated application is initiated by a private 1259 
party other than the impacted local government and the property 1260 
that is the subject of the application is owned by the 1261 
initiating private party; 1262 
 (b)  The proposed comprehensive plan amendment was 1263 
submitted to reviewing agencies pursuant to s. 163.3184 before 1264 
landfall; or 1265 
 (c)  The proposed comprehensive plan amendment or land 1266 
development regulation is approved by the state land planning 1267 
agency pursuant to s. 380.05 . 1268 
 (4)(a)  Any person may file suit against any impacted local 1269 
government for declaratory and injunctive relief to enforce this 1270 
section. 1271 
 (b)  A county or municipality may request a determination 1272 
by a court of competent jurisdiction as to whether such acti on 1273 
violates this section. Upon such a request, the county or 1274 
municipality may not enforce the action until the court has 1275     
 
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issued a preliminary or final judgment determining whether the 1276 
action violates this section. 1277 
 (c)  Before a plaintiff may file suit, th e plaintiff shall 1278 
notify the impacted local government by setting forth the facts 1279 
upon which the complaint or petition is based and the reasons 1280 
the impacted local government's action violates this section. 1281 
Upon receipt of the notice, the impacted local gov ernment shall 1282 
have 14 days to withdraw or revoke the action at issue or 1283 
otherwise declare it void. If the impacted local government does 1284 
not withdraw or revoke the action at issue within the time 1285 
prescribed, the plaintiff may file suit. The plaintiff shall be 1286 
entitled to entry of a preliminary injunction to prevent the 1287 
impacted local government from implementing the challenged 1288 
action during pendency of the litigation. In any action 1289 
instituted pursuant to this paragraph, the prevailing plaintiff 1290 
shall be entitled to reasonable attorney fees and costs. 1291 
 (d)  In any case brought under this section, any party is 1292 
entitled to the summary procedure provided in s. 51.011, and the 1293 
court shall advance the cause on the calendar. 1294 
 Section 25.  Section 252.505, Florida Statutes, is created 1295 
to read: 1296 
 252.505  Breach of contract during emergency recovery 1297 
periods for natural emergencies. —Each state or local government 1298 
contract for goods or services related to emergency response for 1299 
a natural emergency entered into, renewed , or amended on or 1300     
 
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after July 1, 2025, must include a provision that requires a 1301 
vendor or service provider that breaches such contract during an 1302 
emergency recovery period to pay actual, consequential, and 1303 
liquidated damages and a $5,000 penalty. As used in this 1304 
section, the term "emergency recovery period" means a 1 -year 1305 
period that begins on the date that the Governor initially 1306 
declared a state of emergency for a natural emergency. 1307 
 Section 26.  Subsection (4) is added to section 373.423, 1308 
Florida Statutes, to read: 1309 
 373.423  Inspection. — 1310 
 (4)(a)  By September 1, 2026, the department shall submit a 1311 
Flood Inventory and Restoration Report to the Division of 1312 
Emergency Management. The department must work with water 1313 
management districts, local governments, and operators of public 1314 
and private stormwater management systems to compile the 1315 
necessary information for the report, which must: 1316 
 1.  Identify priority infrastructure needs within each 1317 
water management district jurisdiction that may result in 1318 
flooding or property damage or threaten human health if left 1319 
unaddressed; 1320 
 2.  Identify locations that have both historic flooding 1321 
occurrences, based on flood zones identified by the Federal 1322 
Emergency Management Agency, and the potential to flood from 1323 
future significant storm events, such as hurricanes and tropical 1324 
storms; 1325     
 
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 3.  For each location identified in subparagraph 1. or 1326 
subparagraph 2., include an inspection and maintenance schedule 1327 
and specific information on the age of the infrastructure, 1328 
upstream impacts, and other factors that may lead to system 1329 
failure if unaddressed ; and 1330 
 4.  Include a list of facilities prioritized for funding to 1331 
address flooding issues. 1332 
 (b)  The owner of any priority infrastructure identified in 1333 
the report must submit an inspection and maintenance schedule to 1334 
the department. 1335 
 (c)  The department must review and update the report on a 1336 
biannual basis. The report must provide information regarding 1337 
compliance with the inspection and maintenance schedules, 1338 
include any additional revisions bas ed on storm event 1339 
experience, and revise the list of facilities as new flooding 1340 
events take place and new projects are implemented to alleviate 1341 
infrastructure deficiencies which led to flood ing events. The 1342 
department must submit an updated report to the Di vision of 1343 
Emergency Management by September 1 of each year in which the 1344 
report is due. 1345 
 Section 27.  Subsection (1) of section 400.063, Florida 1346 
Statutes, is amended to read: 1347 
 400.063  Resident protection. — 1348 
 (1)  The Health Care Trust Fund shall be used f or the 1349 
purpose of collecting and disbursing funds generated from the 1350     
 
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license fees and administrative fines as provided for in ss. 1351 
393.0673(5), 400.062(3), 400.121(2), and 400.23(8). Such funds 1352 
shall be for the sole purpose of paying for the appropriate 1353 
alternate placement, care, and treatment of residents who are 1354 
removed from a facility licensed under this part or a facility 1355 
specified in s. 393.0678(1) in which the agency determines that 1356 
existing conditions or practices constitute an immediate danger 1357 
to the health, safety, or security of the residents. If the 1358 
agency determines that it is in the best interest of the health, 1359 
safety, or security of the residents to provide for an orderly 1360 
removal of the residents from the facility, the agency may 1361 
utilize such funds to maintain and care for the residents in the 1362 
facility pending removal and alternative placement. The 1363 
maintenance and care of the residents shall be under the 1364 
direction and control of a receiver appointed pursuant to s. 1365 
393.0678(1) or s. 400.126(1). Ho wever, funds may be expended in 1366 
an emergency upon a filing of a petition for a receiver, upon 1367 
the declaration of a state of local emergency pursuant to s. 1368 
252.38(3)(b)5. s. 252.38(3)(a)5., or upon a duly authorized 1369 
local order of evacuation of a facility b y emergency personnel 1370 
to protect the health and safety of the residents. 1371 
 Section 28.  Subsection (7) of section 403.7071, Florida 1372 
Statutes, is amended, and subsection (8) is added to that 1373 
section, to read: 1374 
 403.7071  Management of storm -generated debris.—Solid waste 1375     
 
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generated as a result of a storm event that is the subject of an 1376 
emergency order issued by the department may be managed as 1377 
follows: 1378 
 (7)  Unless otherwise specified in a contract or franchise 1379 
agreement between a local government and a private solid waste 1380 
or debris management service provider, a private solid waste or 1381 
debris management service provider is not required to collect 1382 
storm-generated yard trash , debris, or waste. Local governments 1383 
are authorized and encouraged to add an addendum to existing 1384 
contracts or franchise agreements for collection of storm -1385 
generated debris. 1386 
 (8)(a)  Each county and municipality shall apply to the 1387 
department for authorization of at least one debris management 1388 
site as described in subsection (2) and shall annually seek 1389 
preauthorization for any previously approved debris management 1390 
sites, as allowed by the department. 1391 
 (b)  A municipality may jointly apply for authorization of 1392 
a debris management site with a county or at least one adjacent 1393 
municipality, if the parties develop and approve a memorandum of 1394 
understanding. Such memorandum must clearly outline the capacity 1395 
of the debris management site and location of the site relative 1396 
to each party. The memorandum of unders tanding must be approved 1397 
annually as part of the preauthorization process described in 1398 
paragraph (a). 1399 
 Section 29.  Section 489.1132, Florida Statutes, is created 1400     
 
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to read: 1401 
 489.1132  Regulation of hoisting equipment used in 1402 
construction, demolition, or e xcavation work during a 1403 
hurricane.— 1404 
 (1)  As used in this section, the term: 1405 
 (a)  "Controlling entity" means the general contractor, 1406 
prime contractor, or construction manager with overall 1407 
responsibility for a construction project. 1408 
 (b)  "Hoisting equipmen t" means power-operated cranes, 1409 
derricks, and hoists used in construction, demolition, or 1410 
excavation work that are regulated by the Occupational Safety 1411 
and Health Administration. 1412 
 (c)  "Mobile crane" means a type of hoisting equipment 1413 
incorporating a cable -suspended latticed boom or hydraulic 1414 
telescoping boom designed to be moved between operating 1415 
locations by transport over a roadway. The term does not include 1416 
a mobile crane with a boom length of less than 25 feet or a 1417 
maximum rated load capacity of less t han 15,000 pounds. 1418 
 (d)  "Tower crane" means a type of hoisting equipment using 1419 
a vertical mast or tower to support a working boom in an 1420 
elevated position if the working boom can rotate to move loads 1421 
laterally either by rotating at the top of the mast or t ower or 1422 
by the rotation of the mast or tower itself, whether the mast or 1423 
tower base is fixed in one location or ballasted and moveable 1424 
between locations. 1425     
 
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 (2)(a)  When a tower crane or mobile crane is located on a 1426 
worksite, a hurricane preparedness plan fo r the crane must be 1427 
available for inspection at the worksite. 1428 
 (b)  In preparation for a hurricane, the controlling entity 1429 
must ensure that hoisting equipment is secured in the following 1430 
manner no later than 24 hours before the impacts of the 1431 
hurricane are anticipated to begin: 1432 
 1.  All hoisting equipment must be secured in compliance 1433 
with manufacturer recommendations relating to hurricane and 1434 
high-wind events, including any recommendations relating to the 1435 
placement, use, and removal of advertising banners and rigging. 1436 
 2.  Tower crane turntables must be lubricated before the 1437 
event. 1438 
 3.  Fixed booms on mobile cranes must be laid down whenever 1439 
feasible. 1440 
 4.  Booms on hydraulic cranes must be retracted and stored. 1441 
 5.  The counterweights of any hoists must be locked below 1442 
the top tie-in. 1443 
 6.  Tower cranes must be set in the weathervane position. 1444 
 7.  All rigging must be removed from hoist blocks. 1445 
 8.  All power at the base of tower cranes must be 1446 
disconnected. 1447 
 (3)  A person licensed under this part who intenti onally 1448 
violates this section is subject to discipline under ss. 455.227 1449 
and 489.129. 1450     
 
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 (4)  The Florida Building Commission shall establish best 1451 
practices for the utilization of tower cranes and hoisting 1452 
equipment on construction job sites during hurricane season and 1453 
report its findings to the Legislature by December 31, 2026. 1454 
 Section 30.  Subsection (6) of section 553.902, Florida 1455 
Statutes, is amended to read: 1456 
 553.902  Definitions. —As used in this part, the term: 1457 
 (6)  "Renovated building" means a residential or 1458 
nonresidential building undergoing alteration that varies or 1459 
changes insulation, HVAC systems, water heating systems, or 1460 
exterior envelope conditions, if the estimated cost of 1461 
renovation exceeds 30 percent of the assessed v alue of the 1462 
structure. However, if the alteration is a result of a natural 1463 
disaster that is the subject of a declaration of a state of 1464 
emergency by the Governor, the estimated cost of renovation must 1465 
exceed 75 percent of the fair market value of the buildi ng 1466 
before the natural disaster. 1467 
 Section 31. The Division of Emergency Management shall 1468 
consult with local governments, the Department of Business and 1469 
Professional Regulation, the Department of Environmental 1470 
Protection, and any other appropriate agencie s to develop 1471 
recommendations for statutory changes necessary to streamline 1472 
the permitting process for repairing and rebuilding structures 1473 
damaged during natural emergencies. By July 1, 2026, the 1474 
division shall provide a report containing such recommendatio ns 1475     
 
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to the President of the Senate and the Speaker of the House of 1476 
Representatives.  1477 
 Section 32. (1)  Each county listed in the Federal 1478 
Disaster Declaration for Hurricane Debby (DR -4806), Hurricane 1479 
Helene (DR-4828), or Hurricane Milton (DR -4834), and each 1480 
municipality within one of those counties, may not propose or 1481 
adopt any moratorium on construction, reconstruction, or 1482 
redevelopment of any property damaged by such hurricanes; 1483 
propose or adopt more restrictive or burdensome amendments to 1484 
its comprehensive plan or land development regulations; or 1485 
propose or adopt more restrictive or burdensome procedures 1486 
concerning review, approval, or issuance of a site plan, 1487 
development permit, or development order, to the extent that 1488 
those terms are defined by s. 163. 3164, Florida Statutes, before 1489 
October 1, 2027, and any such moratorium or restrictive or 1490 
burdensome comprehensive plan amendment, land development 1491 
regulation, or procedure shall be null and void ab initio. This 1492 
subsection applies retroactively to August 1 , 2024. 1493 
 (2)  Notwithstanding subsection (1), any comprehensive plan 1494 
amendment, land development regulation amendment, site plan, 1495 
development permit, or development order approved or adopted by 1496 
a county or municipality before or after the effective date of 1497 
this act may be enforced if: 1498 
 (a)  The associated application is initiated by a private 1499 
party other than the county or municipality. 1500     
 
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 (b)  The property that is the subject of the application is 1501 
owned by the initiating private party. 1502 
 (3)(a)  A resident of or the owner of a business in a 1503 
county or municipality may bring a civil action for declaratory 1504 
and injunctive relief against the county or municipality for a 1505 
violation of this section. Pending adjudication of the action 1506 
and upon filing of a complaint sho wing a violation of this 1507 
section, the resident or business owner is entitled to a 1508 
preliminary injunction against the county or municipality 1509 
preventing implementation of the moratorium or the comprehensive 1510 
plan amendment, land development regulation, or pro cedure. If 1511 
such civil action is successful, the resident or business owner 1512 
is entitled to reasonable attorney fees and costs. 1513 
 (b)  Attorney fees and costs and damages may not be awarded 1514 
pursuant to this subsection if: 1515 
 1.  The resident or business owner p rovides the governing 1516 
body of the county or municipality written notice that a 1517 
proposed or enacted moratorium, comprehensive plan amendment, 1518 
land development regulation, or procedure is in violation of 1519 
this section; and 1520 
 2.  The governing body of the count y or municipality 1521 
withdraws the proposed moratorium, comprehensive plan amendment, 1522 
land development regulation, or procedure within 14 days; or, in 1523 
the case of an adopted moratorium, comprehensive plan amendment, 1524 
land development regulation, or procedure, the governing body of 1525     
 
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a county or municipality notices an intent to repeal within 14 1526 
days after receipt of the notice and repeals the moratorium, 1527 
comprehensive plan amendment, land development regulation, or 1528 
procedure within 14 days thereafter. 1529 
 (4)  This section expires June 30, 2028. 1530 
 Section 33. The Division of Law Revision is directed to 1531 
replace the phrase "the effective date of this act" wherever it 1532 
occurs in this act with the date this act becomes a law. 1533 
 Section 34. This act shall take effect upon becoming a 1534 
law. 1535