Florida Senate Bill S0180 Analysis / Analysis

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Committee on Appropriations  
 
BILL: CS/CS/SB 180 
INTRODUCER:  Appropriations Committee, Community Affairs Committee and Senator DiCeglie 
SUBJECT:  Emergency Preparedness and Response 
DATE: April 4, 2025 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Shuler Fleming CA Fav/CS 
2. Griffin Sadberry AP Fav/CS 
 
Please see Section IX. for Additional Information: 
COMMITTEE SUBSTITUTE - Substantial Changes 
 
I. Summary: 
CS/CS/SB 180 makes various changes relating to the preparation and response activities of state 
and local government when emergencies impact the state. 
 
Specifically, the bill: 
• Provides that the Department of Environmental Protection may waive or reduce the beach 
management project match requirements for counties impacted by erosion caused by 
Hurricane Debby, Hurricane Helene, or Hurricane Milton. 
• Provides that certain agricultural equipment that was unable to be used for 60 days due to 
Hurricane Debby, Hurricane Helene, or Hurricane Milton would be assessed at salvage value 
on the 2025 property tax roll. 
• Requires the Florida Division of Emergency Management (FDEM) to prioritize shelter 
retrofit funding for projects in counties with shelter deficits and certain publicly owned 
projects. 
• Allows Florida National Guard servicemembers to provide medical care to military personnel 
and civilians during emergencies. 
• Revises legislative intent and provisions related to the FDEM’s planning and emergency 
management duties. 
• Requires the Department of Veterans’ Affairs to annually provide information on the special 
needs registry to their special needs clients and caregivers. 
• Revises the FDEM emergency expenditure auditing and reporting requirements. 
• Revises requirements for agencies and their emergency coordination officers to notify and 
coordinate with the FDEM. 
REVISED:   BILL: CS/CS/SB 180   	Page 2 
 
• Renames the Natural Hazards Interagency Workgroup as the “Natural Hazards Risks and 
Mitigation Interagency Coordinating Group” and substantially revises the duties of the group. 
• Specifies administerial requirements for the FDEM related to federal funds, including 
specifically the FEMA Public Assistance and Hazard Mitigation Grant Program funds. 
• Requires political subdivisions to annually notify the FDEM of their designated emergency 
contact. 
• Revises the FDEM public shelter space reporting, planning, and funding requirements. 
• Creates requirements for county and municipal post-storm permitting and operations. 
• Amends the evacuation time for the Florida Keys area of critical state concern. 
• Prohibits the adoption of local lookback ordinances and voids existing lookback ordinances. 
• Revises authorizations and requirements related to storm-generated debris. 
• Prohibits counties and municipalities listed in the federal disaster declaration for Hurricane 
Debby, Hurricane Helene, or Hurricane Milton from adopting moratoriums or more 
restrictive or burdensome amendments or procedures to their comprehensive plans or land 
development regulations concerning review, approval, or issuance of a site plan, 
development permit, or development order before August 1, 2024, and provides a cause of 
action to residents and business owners. 
 
The bill may have a negative fiscal impact on state and local revenues and expenditures. See 
Section V. Fiscal Impact Statement. 
 
The bill takes effect on July 1, 2025, unless otherwise expressly provided. 
II. Present Situation: 
Presidential Disaster and Emergency Declarations 
When there is a disaster in the United States, the Governor of an affected state must request an 
emergency and major disaster declaration under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act.
1
 All emergency and disaster declarations are made at the discretion 
of the President of the United States.
2
 There are two types of disaster declarations: emergency 
declarations and major disaster declarations.
3
 Both declarations allow for federal assistance to 
states and local governments, however they differ in scope, types, and amount of assistance 
available.
4
 
 
The President can declare an emergency for any occasion where federal assistance is deemed 
necessary, and emergency declarations provide emergency services from the federal government 
in such cases. The total amount of assistance from an emergency declaration cannot exceed  
$5 million unless reported to Congress.
5
 
 
Following a request from the Governor, the President can declare a major disaster for any natural 
event, including hurricanes if the President deems that the disaster is of such a severity that it is 
 
1
 42 U.S.C. §§ 5121-5207. 
2
 FEMA, How a Disaster Gets Declared, https://www.fema.gov/disaster/how-declared (last visited Mar. 9, 2025). 
3
 Id. 
4
 Id. 
5
 Id.  BILL: CS/CS/SB 180   	Page 3 
 
beyond the combined capabilities of state and local governments to respond.
6
 A major disaster 
declaration makes a wide range of federal assistance resources available for individuals and 
states for emergency and permanent work.
7
 
 
2024 Hurricane Season 
Hurricane Debby 
Forming into a tropical depression on August 3, 2024, Debby intensified into a Category 1 
hurricane less than 12 hours before landfall.
8
 Hurricane Debby made landfall near Steinhatchee 
in Taylor County around 7am on August 5, 2024.
9
 Debby brought storm surge of 3 to 5 feet 
across portions of the Nature Coast and the southeast Big Bend, causing damage to areas where 
many were still recovering from Hurricane Idalia from the year before.
10
 Debby’s primary 
impact across the area was flooding from heavy rainfall due to the forward movement of the 
storm slowing after landfall.
11
 Rainfall amounts of 8 to 12 inches resulted in widespread flooding 
in southeast Madison and eastern Lafayette counties, while in Suwannee and Gilchrist counties, 
rainfall amounts approaching 15" were observed.
12
 Flooding lasted for several weeks in Madison 
county after landfall due to the influx of rainfall putting pressure on the groundwater system, 
which subsequently triggered new flooding as water came up from the ground.
13
 Flooding along 
the Suwannee River continued 3 weeks after landfall.
14
 
 
6
 Id. 
7
 Id. 
8
 National Weather Service, Hurricane Debby Strikes the Florida Big Bend August 5, 2024, 
https://www.weather.gov/tae/HurricaneDebby2024 (last visited Mar. 9, 2025). 
9
 Id. 
10
 Id. 
11
 Id. 
12
 Id. 
13
 Id. 
14
 Id.  BILL: CS/CS/SB 180   	Page 4 
 
 
Disaster Declaration Map for Hurricane Debby 
Hurricane Helene 
Due to high oceanic heat and the abatement of wind shear, conditions were favorable for Helene 
to rapidly intensify from a category 1 hurricane into a category 4 hurricane from September 25 to 
September 26, 2024.
15
 Helene hit a maximum of 140 mph for sustained winds just before making 
landfall near Perry, Florida, just east of the mouth of the Aucilla River around 11:10pm on 
September 26, 2024.
16
 While the storm moved quickly across the state, this did not lessen the 
impacts.
17
 The wind field of Helene was among the top 10% of all recorded storms resulting in 
widespread wind impacts and hurricane-force gusts extending further inland than most systems.
18
 
Much of the area affected by the storm experienced 4-8 inches of rainfall, but the heaviest 
amounts were observed near the Apalachicola State Forest where radar estimates indicated 10 to 
18 inches of rain.
19
 A large upper-level trough to the west of Helene helped funnel abundant 
tropical moisture northward well before landfall, creating conditions that led to significant 
impacts from heavy rainfall and flooding.
20
 Many counties across the Panhandle reported 
flooding and washed-out roads.
21
 The combination of Helene’s large size and extremely fast 
 
15
 National Weather Service, Hurricane Helene Makes Landfall in the Florida Big Bend September 26-27, 2024, 
https://www.weather.gov/tae/helene2024 (last visited Mar. 9, 2025). 
16
 Id. 
17
 Id. 
18
 Id. 
19
 Id. 
20
 Id. 
21
 Id.  BILL: CS/CS/SB 180   	Page 5 
 
forward motion contributed to catastrophic storm surge in the southeast Big Bend area and along 
the west coast of Florida.
22
 In Cedar Key, the storm surge level of 9.3 ft exceeded the level of 
6.89 ft observed during Hurricane Idalia the previous year.
23
 Preliminary data for Taylor and 
Dixie counties estimated more than 15 ft of surge, while areas near Tampa saw levels over 6 ft.
24
 
 
 
Disaster Declaration Map for Hurricane Helene 
Hurricane Milton 
Just shy of 2 weeks after Hurricane Helene’s landfall in Florida, Hurricane Milton made landfall 
around 8:30 pm on October 9, 2024 in Siesta Key, Florida in Sarasota County.
25
 At landfall, 
Milton was a category 3 hurricane with maximum sustained winds of 120 mph.
26
 Hurricane 
Milton spawned a record tornado outbreak, resulting in a total of 47 confirmed tornados on 
October 9, 2024, covering 400 miles and causing 7 deaths and 14 injuries.
27
 Though Milton 
moved quickly across the state, it produced extreme rainfall, with the highest amounts, nearly 20 
 
22
 Id. 
23
 Emily Powell, Florida Climate Center, Hurricane Helene Post-Storm Summary Report, (Oct. 7, 2024), 
https://climatecenter.fsu.edu/images/docs/Hurricane-Helene-Summary-Report.pdf (last visited Mar. 9, 2025). 
24
 Id. 
25
 National Weather Service, Hurricane Milton Impacts to East Central Florida, 
https://www.weather.gov/mlb/HurricaneMilton_Impacts (last visited Mar. 9, 2025). 
26
 Emily Powell, Florida Climate Center, Post-Storm Summary Report on Hurricane Milton, (Oct. 31, 2024), 
https://climatecenter.fsu.edu/images/docs/Hurricane-Milton-Report.pdf (last visited Mar. 9, 2025). 
27
 Id.  BILL: CS/CS/SB 180   	Page 6 
 
inches, measured in the Clearwater Beach and St. Petersburg areas.
28
 In the days and weeks 
following the storm, rainfall caused rivers and tributaries to reach major flood stages.
29
 The 
hydrograph at Astor for the St. Johns River showed a new record high level on October 10, 2024, 
of 4.81 ft, while the Hillsborough River crested at a new record of 38.16 ft at Morris Bridge on 
October 12, 2024.
30
 Storm surge in many areas was less than Hurricane Ian in 2022, but higher 
than experienced during Helene.
31
 NOAA gages in Ft. Myers and Naples Bay North measured 
storm surge above 5 feet.
32
 Enormous amounts of sand were displaced along Florida’s west-
central coast following Hurricanes Helene and Milton, which eroded beaches and undid previous 
beach renourishment projects.
33
 
 
 
Disaster Declaration Map for Hurricane Milton 
Agricultural Losses Related to the 2024 Hurricane Season 
Hurricanes Debby, Helene, and Milton caused significant impacts on agricultural production 
throughout the state. Debby impacted 2.2 million acres of agricultural lands that annually 
produce $3.17 billion in agricultural products; Helene affected 6.1 million acres with $8.74 
billion of annual agricultural production; and Milton impacted 5.7 million acres annually 
 
28
 Id. 
29
 Id. 
30
 Id. 
31
 Id. 
32
 Id. 
33
 Id.  BILL: CS/CS/SB 180   	Page 7 
 
producing $8.66 billion of agricultural products.
34
 In terms of value, the three storms impacted 
the field and row crops, animals and animal products, vegetables, melons and potatoes, and 
greenhouse and nursery commodity groups the most.
35
 Preliminary estimates of cumulative 
agricultural production losses in Florida for the 2024 hurricane season are between $402.3 
million and $975.8 million.
36
 Survey respondents have reported damage or destruction to a 
variety of agricultural assets, including livestock sheds and watering points, irrigation systems, 
honeybee boxes, tractors, vehicles, and heating and cooling systems for greenhouses.
37
 
 
State Emergency Management Act 
The State Emergency Management Act (Act), ch. 252, F.S., was enacted to be the legal 
framework for this state’s emergency management activities, recognizing the state’s 
vulnerability to a wide range of emergencies, including natural, manmade, and technological 
disasters.
38
 In order to reduce the state’s vulnerability to these circumstances and to prepare to 
respond to them, the act promotes the state’s emergency readiness through enhanced 
coordination, long-term planning, and adequate funding.
39
 
 
The Act also delineates the Governor’s authority to declare a state of emergency, issue executive 
orders, and otherwise lead the state during emergencies. If the Governor finds that an 
emergency
40
 has occurred or is imminent, he or she must declare a state of emergency.
41
 An 
executive order or proclamation of a state of emergency shall identify whether the state of 
emergency is due to a minor,
42
 major,
43
 or catastrophic
44
 disaster.
45
 The state of emergency must 
continue until the Governor finds that the threat or danger has been dealt with to the extent that 
the emergency conditions no longer exist, but no state of emergency may continue for longer 
than 60 days unless renewed by the Governor.
46
 Additionally, the Legislature may end a state of 
emergency by passing a concurrent resolution.
47
 
 
 
34
 Christa D. Court, et. al., UF/IFAS, Estimated Agricultural Losses Resulting from the 2024 Atlantic Hurricane Season, 
Presentation before the Florida Senate Committee on Agriculture, (January 14, 2025), available at 
https://www.flsenate.gov/Committees/Show/AG/MeetingPacket/6223/10896_MeetingPacket_6223.pdf (last visited Mar. 9, 
2025). 
35
 Id. 
36
 Id. 
37
 Id. 
38
 Section 252.311(1), F.S. 
39
 Section 252.311(2) and (3), F.S. 
40
 “Emergency” means any occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace, 
which results or may result in substantial injury or harm to the population or substantial damage to or loss of property. See s. 
252.34(4), F.S. 
41
 Section 252.36(2), F.S. 
42
 “Minor disaster” means a disaster that is likely to be within the response capabilities of local government and to result in 
only a minimal need for state or federal assistance. See s. 252.34(2)(c), F.S. 
43
 “Major disaster” means a disaster that will likely exceed local capabilities and require a broad range of state and federal 
assistance. See s. 252.34(2)(b), F.S. 
44
 “Catastrophic disaster” means a disaster that will require massive state and federal assistance, including immediate military 
involvement. See s. 252.34(2)(a), F.S. 
45
 Section 252.36(4)(c), F.S. 
46
 Section 252.36(2), F.S. 
47
 Section 252.36(3), F.S.  BILL: CS/CS/SB 180   	Page 8 
 
Florida Division of Emergency Management 
The Florida Division of Emergency Management (FDEM) administers programs to rapidly apply 
all available aid to impacted communities stricken by emergency.
48
 The FDEM is responsible for 
carrying out the State Emergency Management Act and maintaining a comprehensive statewide 
program of emergency management to ensure that Florida is prepared to respond to emergencies, 
recover from them, and mitigate against their impacts.
49
 In doing so, the FDEM coordinates 
efforts with and among the federal government, other state agencies, local governments, school 
boards, and private agencies that have a role in emergency management.
50
 The FDEM also 
serves as the administrator of federal funds awarded to the state and local governments through 
the Federal Emergency Management Agency (FEMA)’s mitigation grant programs. 
 
Natural Hazards Interagency Workgroup 
In 2017, the Legislature created the Natural Hazards Interagency Workgroup.
51
 The group was 
created for the purpose of sharing information on the current and potential impacts of natural 
hazards throughout the state, coordinating the ongoing efforts of state agencies in addressing the 
impacts of natural hazards, and collaborating on statewide initiatives to address the impacts of 
natural hazards.
52
 Each agency within the executive branch, each water management district, and 
the Florida Public Service Commission must designate a liaison to the workgroup.
53
 The FDEM 
is responsible for preparing an annual progress report on behalf of the workgroup on the 
implementation of the state’s enhanced hazard mitigation plan, developed and submitted in 
accordance with 42 U.S.C. s. 5165 and any implementing regulations, as it relates to natural 
hazards.
54
 The annual report is due to the Governor, President of the Senate, and Speaker of the 
House of Representatives by January 1 of each year.
55
 
 
There are 25 agencies required to participate in the Workgroup. In its 2024 Annual Report, the 
FDEM stated that nine agencies attended all four meetings, and five agencies attended three of 
the meetings.
56
 Despite offering virtual attendance options, four agencies attended only one 
meeting, and six agencies attended no meetings in 2023.
57
 Required agency attendance was 
down overall from 2022.
58
 
 
 
48
 Section 14.2016(1), F.S. 
49
 Section 252.35(1) and (2), F.S. 
50
 Section 252.35(1), F.S. 
51
 Chapter 2017-48, Laws of Fla. 
52
 Section 252.3655(1)(a), F.S. 
53
 Section 252.3655(1)(b), F.S. 
54
 Section 252.3655(2), F.S. 
55
 Section 252.3655(2)(c), F.S. 
56
 Florida Division of Emergency Management, Florida Natural Hazards Interagency Workgroup 252.3655 Florida Statues 
2023 Annual Report, (Jan. 1, 2024) available at 
https://portal.floridadisaster.org/mitigation/MitigateFL/External/F.S.%20252.3655%20Annual%20Reports/Florida%20Natur
al%20Hazards%20Interagency%20Work%20Group%20F.S.%20252.3655%202022%20Annual%20Report%201-1-2024.pdf 
(last visited Mar. 9, 2025). 
57
 Id. 
58
 Id.  BILL: CS/CS/SB 180   	Page 9 
 
Emergency Shelters 
The FDEM is required to prepare a Statewide Emergency Shelter Plan (SESP).
59
 The SESP is 
submitted to the Governor and Cabinet for approval by January 31 of each even-numbered 
year.
60
 The SESP identifies the general location and square footage of existing General 
Population and Special Needs shelter space, by Regional Planning Council (RPC) region, and 
projected space needs during the next 5 years.
61
 
 
Beginning with publication of the 2006 SESP, the FDEM monitors the status of the statewide 
inventory of special needs shelters.
62
 Historically, special needs estimates were included in the 
total population hurricane evacuation shelter demand estimates and hurricane evacuation shelter 
capacities.
63
 The FDEM was asked to separate the two shelter types and monitor progress toward 
improvement, following the 2004 hurricane season which revealed the need to improve special 
needs shelters.
64
 Special needs shelter requirements differ from general population shelters, as 
they require the provision of standby electric power, supported air-conditioning, and 
additional space per client to accommodate caregivers and medical equipment.
65
 
 
To ensure the needs of persons requiring special needs shelters are met, the FDEM maintains a 
special needs registry.
66
 Individuals can register through a website maintained by the Florida 
Department of Health.
67
 
 
Hurricane Loss Mitigation Program 
In 1999, the Legislature created the Hurricane Loss Mitigation Program (HLMP) within the 
FDEM for funding programs for improving the wind resistance of residences and mobile 
homes.
68
 
 
The HLMP is funded by an annual appropriation of $10 million from the Florida Hurricane 
Catastrophe Fund.
69
 Specifically, current law requires the funds to be used as follows: 
• $7 million must be directed toward programs that improve the wind resistance of residences 
and mobile homes, including loans, subsidies, grants, demonstration projects, and direct 
assistance; educating persons concerning the Florida Building Code; and other efforts to 
prevent or reduce losses or reduce the cost of building after a disaster.
70
 Of this funding, 40 
percent must be used to inspect and improve tie-downs for mobile homes and 10 percent hall 
be allocated to the Florida International University center dedicated to hurricane research.
71
 
 
59
 Sections 252.385(2)(b) and 1013.372(2) F.S. 
60
 Section 252.385(2)(b), F.S. 
61
 Florida Division of Emergency Management, Statewide Emergency Shelter Plan: State of Florida 2024, available at 
https://www.floridadisaster.org/globalassets/final_statewide-emergency-shelter-plan_2024.pdf (last visited Mar. 8, 2025). 
62
 Id. 
63
 Id. 
64
 Id. 
65
 Id. 
66
 Section 252.355, F.S. 
67
 Fla. Dep’t of Health, Florida Special Needs Registry, https://snr.flhealthresponse.com/ (last visited Mar. 9, 2025). 
68
 Chapter 99-305, Laws of Fla. 
69
 Section 215.559(1), F.S. See ch. 2024-231, Specific Appropriation 2716, Laws of Fla. 
70
 Section 215.559(1)(a), F.S. 
71
 Section 215.559, F.S.  BILL: CS/CS/SB 180   	Page 10 
 
• $3 million must be directed toward retrofitting existing facilities used as public hurricane 
shelters. The FDEM must prioritize the use of these funds for projects included in the annual 
Shelter Retrofit Report.
72
 
 
Of the funds dedicated to the Shelter Retrofit Program, the FDEM must prioritize the use of the 
funds for projects included in the annual Shelter Retrofit Report.
73
 The FDEM must similarly 
prioritize these funds to projects in regional planning council regions with shelter deficits and 
projects that maximize the use of state funds.
74
 
 
In Fiscal Year 2021-2022, the FDEM reports that 1 new shelter retrofit agreement was executed 
and 8 projects were completed. At the end of the fiscal year, projects for 12 recipients were 
active in communities in 61 different locations across the state.
75
 
 
On January 1 of each year, the FDEM must submit an annual report and accounting of activities 
under the HLMP and an evaluation of the activities.
76
 The report must be submitted to the 
Speaker of the House of Representatives, the President of the Senate, and the Majority and 
Minority Leaders of the House of Representatives and the Senate.
77
 The Office of Insurance 
Regulation (OIR) must review the report and make recommendations to the insurance industry as 
deemed appropriate.
78
 
 
The HLMP expires on June 30, 2032.
79
 
 
FEMA Mitigation Grant Programs 
The FEMA was established in 1979 to centralize federal emergency and disaster activities.
80
 The 
latter of the FEMA’s primary mission areas, hazard mitigation, is defined as any sustained action 
taken to reduce or eliminate the long-term risk to human life and property from hazards.
81
 The 
FEMA administers several mitigation grant programs designed to reduce and mitigate future 
natural disaster losses.
82
 
 
Some of the FEMA mitigation grant programs are authorized by the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (Stafford Act).
83
 These programs include the Hazard 
Mitigation Grant Program, the Hazard Mitigation Grant Program Post Fire, Pre-Disaster 
 
72
 Section 215.559(1)(b), F.S. 
73
 The Shelter Retrofit Report is prepared annually and submitted to the Governor and the Legislature. See s. 252.385, F.S. 
74
 Section 215.559(1)(b), F.S. 
75
 Division of Emergency Management, Florida Hurricane Loss Mitigation Program: 2022 Annual Report (January 1, 2023), 
https://www.floridadisaster.org/dem/mitigation/hurricane-loss-mitigation-program/ (last visited Mar. 9, 2025). 
76
 Section 215.559(6), F.S. Hurricane Loss Mitigation Reports reside on the FDEM website: 
https://www.floridadisaster.org/dem/mitigation/hurricane-loss-mitigation-program/ (last visited Mar. 9, 2025). 
77
 Section 215.559(6), F.S. 
78
 Section 215.559(6), F.S. 
79
 Section 215.559(7), F.S. 
80
 FEMA, About the Agency (May 11, 2016), available at https://www.fema.gov/about/history (last visited Mar. 9, 2025). 
81
 44 C.F.R. s. 201.2. 
82
 FEMA, Hazard Mitigation Assistance Program and Policy Guide, (July 30, 2024), available at 
https://www.fema.gov/sites/default/files/documents/fema_hma_guide_082024.pdf (last visited Mar. 9, 2025). 
83
 42 U.S.C. 5121 et seq.  BILL: CS/CS/SB 180   	Page 11 
 
Mitigation (PDM) grant program, Safeguarding Tomorrow Revolving Loan Fund Program, the 
Public Assistance Grant Program, and the Building Resilient Infrastructure and Communities 
program.
84
 The National Flood Insurance Act authorizes the Flood Mitigation Assistance grant, 
which was created with the goal of reducing or eliminating repetitive flood damage under the 
National Flood Insurance Program.
85
 Funds received from any one of these grants can be used 
for hazard mitigation planning, mitigation activities, and management costs.
86
 
 
Under most circumstances, in order for state, tribal, and local governments to receive a FEMA 
mitigation grant, the applicant must produce a hazard mitigation plan approved by the FEMA 
that conforms to a specified set of requirements.
87
 At a minimum, a hazard mitigation plan must 
outline processes for identifying the natural hazards, risks, and vulnerabilities of the area under 
the jurisdiction of the government.
88
 Jurisdictions must update their plans and re-submit them to 
FEMA every 5 years to maintain eligibility.
89
 
 
FEMA Public Assistance Grant Program 
The FEMA Public Assistance (PA) Grant Program provides funding and direct assistance such 
as supplies and personnel to states, tribes, and territories to assist them in responding to and 
recovering from presidentially-declared major disasters or emergencies.
 
PA is intended to 
supplement state and local resources when an incident exceeds their ability to respond and 
recover. PA is only available after the President declares an emergency or major disaster upon 
request by the governor of the affected state. Preliminary damage assessments by the FEMA, in 
collaboration with state, local, and tribal governments, are used to determine if the estimated cost 
of assistance exceeds certain thresholds and whether PA should be authorized. In Florida, once 
PA is authorized, the FDEM becomes the primary PA grant recipient. State, tribal, and local 
governments, as well as eligible nonprofit entities, may then apply for funding as “Applicants.” 
Applicants must submit a request for grant funds to the FDEM, which evaluates eligibility for 
PA with the FEMA.
90
 
 
National Flood Insurance Program 
The National Flood Insurance Program (NFIP) was created by the passage of the National Flood 
Insurance Act of 1968.
91
 The NFIP is administered by the Federal Emergency Management 
Agency (FEMA) and enables homeowners, business owners, and renters in flood-prone areas to 
 
 
84
 See FEMA, Learn About HMA (Feb. 18, 2025), https://www.fema.gov/grants/mitigation/learn (last visited Mar. 9, 2025). 
85
 Id. 
86
 FEMA, Hazard Mitigation Assistance Program and Policy Guide, at 44-45 (July 30, 2024), available at 
https://www.fema.gov/sites/default/files/documents/fema_hma_guide_082024.pdf (last visited Mar. 9, 2025). 
87
 Id. 
88
 42 U.S.C. s. 5165(b)(2). 
89
 FEMA, Create a Hazard Mitigation Plan, (Feb. 25, 2025) https://www.fema.gov/emergency-managers/risk-
management/hazard-mitigation-planning/create-hazard-plan (last visited Mar. 9, 2025). 
90
 Congressional Research Service, A Brief Overview of FEMA’s Public Assistance Program, available at 
https://crsreports.congress.gov/product/pdf/IF/IF11529 (last visited Mar. 12, 2025). 
91
 The National Flood Insurance Act of 1968, Pub. L. 90-448, 82 Stat. 572 (codified as amended at 42 U.S.C. 4001 et seq.). 
See also FEMA, Laws and Regulations, https://www.fema.gov/flood-insurance/rules-legislation/laws (last visited Apr. 2, 
2025).  BILL: CS/CS/SB 180   	Page 12 
 
purchase flood insurance protection from the federal government.
92
 Participation in the NFIP by 
a community is voluntary.
93
 To join, a community must complete an application; adopt a 
resolution of intent to participate and cooperate with the FEMA; and adopt and submit a 
floodplain management ordinance that meets or exceeds the minimum NFIP criteria.
94
 
 
In coordination with participating communities, FEMA develops flood maps called Flood 
Insurance Rate Maps (FIRMs) that depict the community’s flood risk and floodplain.
95
 An area 
of specific focus on the FIRM is the Special Flood Hazard Area (SFHA).
96
 The SFHA is 
intended to distinguish the flood risk zones where properties have a risk of 1 percent or greater 
risk of flooding every year
97
 and at least a 26 percent chance of flooding over the course of a 30-
year mortgage.
98
 In a community that participates in the NFIP, owners of properties in the 
mapped SFHA are required to purchase flood insurance as a condition of receiving a federally 
backed mortgage.
99
 
 
Community Floodplain Management 
Key conditions of the NFIP minimum floodplain management standards include, among things, 
that communities: 
• Require permits for development in the SFHA; 
• Require elevation of the lowest floor of all new residential buildings in the SFHA to or above 
the base flood elevation (BFE);
100
 
• Restrict development in floodways to prevent increasing the risk of flooding; and 
• Require certain construction materials and methods that minimize future flood damage.
101
 
 
The Community Rating System (CRS) within the NFIP is a voluntary incentive program that 
rewards communities for implementing floodplain management practices that exceed the 
minimum requirements of the NFIP.
102
 Property owners within communities that participate in 
the CRS program receive discounts on flood insurance premiums.
103
 Premium discounts range 
 
92
 See FEMA, Flood Insurance, https://www.fema.gov/flood-insurance (last visited Apr. 2, 2025). 
93
 FEMA, Participation in the NFIP, https://www.fema.gov/about/glossary/participation-nfip (last visited Apr. 2, 2025). 
94
 Id. 
95
 See Congressional Research Service, Introduction to the National Flood Insurance Program, 3 (2023), available at 
https://crsreports.congress.gov/product/pdf/R/R44593 (last visited Apr. 2, 2025). 
96
 Id. 
97
 Id. 
98
 FEMA, Coastal Hazards & Flood Mapping: A Visual Guide, 6, available at 
https://www.fema.gov/sites/default/files/documents/fema_coastal-glossary.pdf (last visited Apr. 2, 2025). 
99
 Congressional Research Service, Introduction to the National Flood Insurance Program, 10 (2023), available at 
https://crsreports.congress.gov/product/pdf/R/R44593 (last visited Apr. 2,2025). Such lenders include federal agency lenders, 
such as the Department of Veterans Affairs, government-sponsored enterprises Fannie Mae, Freddie Mac, and federally 
regulated lending institutions, such as banks covered by the Federal Deposit Insurance Corporation or the Office of the 
Comptroller of the Currency. Id. at 10. 
100
 The “base flood elevation” is the elevation of surface water resulting from a flood that has a 1 percent chance of 
happening annually. See FEMA, Base Flood Elevation (BFE), (Mar. 5, 2020), https://www.fema.gov/about/glossary/base-
flood-elevation-bfe (last visited Apr. 2, 2025). 
101
 Congressional Research Service, Introduction to the National Flood Insurance Program, 6 (2023), available at 
https://crsreports.congress.gov/product/pdf/R/R44593 (last visited Apr. 2, 2025). 
102
 FEMA, Community Rating System, https://www.fema.gov/floodplain-management/community-rating-system (last visited 
Apr. 2, 2025). 
103
 Id.  BILL: CS/CS/SB 180   	Page 13 
 
from 5 to 45 percent based on a community’s CRS credit points.
104
 Communities earn credit 
points by implementing a variety of activities that fall into one of four categories: public 
information activities, mapping and regulations, flood damage reduction activities, and warning 
and response.
105
 One option for earning credits is a local ordinance that includes a cumulative 
substantial improvements provision.
106
 
 
In communities participating in the NFIP, local officials must determine whether a proposed 
repair or construction project qualifies as substantial improvement or repair of substantial 
damage (a “SI/SD determination”).
107
 
• Substantial improvement (SI) means any reconstruction, rehabilitation, addition, or other 
improvement of a structure, the cost of which equals or exceeds 50 percent of the market 
value of the structure (or smaller percentage if established by the community) before the start 
of construction of the improvement. This term includes structures that have incurred 
“substantial damage,” regardless of the actual repair work performed.
108
 
• Substantial damage (SD) means damage of any origin sustained by a structure whereby the 
cost of restoring the structure to its before-damaged condition would equal or exceed 50 
percent of the market value of the structure before the damage occurred. Work on structures 
that are determined to be substantially damaged is considered to be substantial improvement, 
regardless of the actual repair work performed.
109
 
 
Known as the “50 percent rule,” if officials determine that the proposed work equals or exceeds 
50 percent of the building’s market value, then the entire building must be brought into 
compliance with NFIP requirements for new construction, including the requirement that the 
lowest floors be elevated to or above the BFE.
110
 
 
A local ordinance with a cumulative substantial improvements provision “considers 
improvements over a set time period [] such that it compares the aggregate improvements or 
repairs made over a certain number of years to guarantee that the total value of the improvements 
or repairs is not greater than 50 percent of the building value. The number of years considered is 
called the lookback period.”
111
 Communities that have adopted a “lookback ordinance” requiring 
that improvements or repairs be aggregated over 5 years may earn 20 points under the CRS, 
while a 10-year lookback ordinance is worth 40 points.
112
 
 
104
 Id. 
105
 Florida Office of Insurance Regulation, Cumulative Substantial Improvement Period Study 
Final Report, (Nov. 26, 2024) 19, available at https://floir.com/docs-sf/default-source/property-and-casualty/other-property-
casualty-reports/final-report.pdf (last visited Apr. 2, 2025). 
106
 Id. 
107
 FEMA, Substantial Improvement/Substantial Damage Desk Reference (May 2010), available at 
https://www.fema.gov/sites/default/files/documents/fema_nfip_substantial-improvement-substantial-damage-desk-
reference.pdf (last visited Mar. 18, 2025). 
108
 Id. 
109
 Id. 
110
 Id. 
111
 Florida Office of Insurance Regulation, Cumulative Substantial Improvement Period Study 
Final Report, (Nov. 26, 2024) 19, available at https://floir.com/docs-sf/default-source/property-and-casualty/other-property-
casualty-reports/final-report.pdf (last visited Apr. 2, 2025). 
112
 Id.  BILL: CS/CS/SB 180   	Page 14 
 
 
Florida Recovery Obligation Calculation  
The FDEM has developed the Florida Recovery Obligation (F-ROC) for the purpose of 
standardizing, streamlining, and simplifying the PA process for Applicants in Florida. As part of 
F-ROC, the FDEM has standardized all forms that applicants use to apply for PA. Applicants 
who participate agree to complete certain procurement activities before and after a disaster event. 
Participating applicants are required to have a recovery plan that specifies procedures, and ensure 
the plan is updated. A significant feature of F-ROC is the Disaster Readiness Assessment (DRA) 
that allows applicants to gain insight into their preparedness for disaster events. By answering a 
series of questions in the DRA about their experience, planning, and policies, applicants receive 
a Disaster Readiness Score. Applicants also receive points from a Post-Disaster Questionnaire. 
The combination of points from the applicant’s baseline, the DRA, and the Post-Disaster 
Questionnaire may allow the applicant to receive up to 80 percent of their funding up front. The 
remainder of their funding is granted once supporting documents are validated.
113
 
 
Florida National Guard Medical Officer Authorization 
The Florida National Guard (FLNG) is the organized militia of the state.
114
 Its mission includes 
maintaining readiness to support national and state security efforts, as well as leading or assisting 
in humanitarian and logistical operations. These operations include hurricane preparation and 
recovery and currently include assistance with the pandemic response. The Governor is the 
commander in chief of the FLNG and the Adjutant General is its chief of staff.
 115
 The FLNG has 
an Army component and an Air component, each of which has an Assistant Adjutant General 
who is also its Commander.
116
 
 
Section 250.375, F.S., provides that physicians holding an active license to practice medicine in 
any other state, a U.S. territory, or the District of Columbia, while serving as medical officers in 
the FLNG pursuant to federal or state orders, are expressly authorized to practice medicine on 
military personnel or civilians during an emergency, declared disaster, or during federal military 
training. 
 
Emergency Management - Counties and Municipalities 
State policy for responding to disasters is to support local emergency response efforts while also 
recognizing the needs of residents and communities will likely be greater than can be met by 
local resources.
117
 The Act provides specific authorization and emergency powers to counties, 
 
113
 Division of Emergency Management, F-ROC Approach and Overview for Leaders, available at 
https://portal.floridadisaster.org/projects/FROC/FROC_Documents/2.%20F-
ROC%20Training%20Materials/Phase%201%20-%20Approach%20and%20Overview%20for%20Leaders/F-
ROC%20Approach%20and%20Overview%20for%20Leaders.pdf (last visited Mar. 12, 2025). 
114
 Section 250.02(2), F.S. The nonorganized militia is composed of all able-bodied citizens of the state and those individuals 
who have declared intentions to become citizens of the United States. FLA. CONST. art. X, sec. 2(a); and s. 250.02(1), F.S. 
115
 Section 250.06(1), F.S. 
116
 Florida National Guard, Leadership, https://fl.ng.mil/leadership/Pages/Assistant-Adjutant-General-Air.aspx (last visited 
Mar. 12, 2025). 
117
 Section 252.311(3), F.S.  BILL: CS/CS/SB 180   	Page 15 
 
requiring each county to establish and maintain an emergency management agency and develop 
a county emergency management plan and program consistent with the state comprehensive 
emergency management plan and program.
118
 Municipalities are encouraged to create their own 
emergency management plans but must coordinate with the county emergency management 
agency.
119
 
 
County emergency management agencies must each have a director appointed by either their 
respective board of county commissioners or county chief administrative officer and serving at 
the pleasure of the appointing authority.
120
 The county emergency management director may be a 
county constitutional officer
121 
or an employee of such an officer.
122
 Responsible for the 
organization, administration, and operation of the county emergency management agency, the 
director must coordinate the emergency activities, services, and programs of the agency 
throughout the county and serve as the county liaison to the FDEM and other local emergency 
management entities.
123
 
 
Under the Act, the governing body of each political subdivision, defined as counties and 
municipalities,
124
 may develop and enter into mutual aid agreements for reciprocal emergency 
aid and assistance when emergencies are too extensive for the county or municipality to handle 
without assistance.
125
 After executing a mutual aid agreement, a copy must be sent to the 
FDEM.
126
 Mutual aid agreements must be consistent with the state comprehensive emergency 
management plan and program.
127
 When an emergency occurs, the parties to the agreement have 
a duty to render assistance in accordance with the agreement.
128
 
 
Community Planning 
The Community Planning Act provides counties and municipalities with the power to plan for 
future development by adopting comprehensive plans.
129
 Each county and municipality must 
maintain a comprehensive plan to guide future development.
130
 
 
All development, both public and private, and all development orders approved by local 
governments must be consistent with the local government’s comprehensive plan.
131
 A 
comprehensive plan provides the principles, guidelines, standards, and strategies for the orderly 
 
118
 Section 252.38(1)(a), F.S. 
119
 Section 252.38(2), F.S. 
120
 Section 252.38(1)(b), F.S. 
121
 FLA. CONST. art. VIII, s. 1(d) requires the election of the following county officers: sheriff, tax collector, property 
appraiser, supervisor of elections, and clerk of the circuit courts. 
122
 Section 252.38(1)(b), F.S. 
123
 Section 252.38(1)(b), F.S. 
124
 Section 252.34(10), F.S. 
125
 Section 252.40(1), F.S. 
126
 Id. 
127
 Id. 
128
 Id. 
129
 Section 163.3167(1), F.S. 
130
 Section 163.3167(2), F.S.  
131
 Section 163.3194(3), F.S  BILL: CS/CS/SB 180   	Page 16 
 
and balanced future economic, social, physical, environmental, and fiscal development of the 
area.
132
 
 
A locality’s comprehensive plan lays out the locations for residential uses, commercial uses, 
industry, agriculture, recreation, conservation, education, public facilities, and other categories of 
the public and private uses of land. A comprehensive plan is made up of 10 required elements, 
each laying out regulations for a different facet of development.
133
 
 
A comprehensive plan is implemented through the adoption of land development regulations
134
 
that are consistent with the plan, and which contain specific and detailed provisions necessary to 
implement the plan.
135
 Such regulations must, among other prescriptions, regulate the 
subdivision of land and the use of land for the land use categories in the land use element of the 
comprehensive plan.
136
 Substantially affected persons have the right to maintain administrative 
actions which assure that land development regulations implement and are consistent with the 
comprehensive plan.
137
 
 
Development that does not conform to the comprehensive plan may not be approved by a local 
government unless the local government amends its comprehensive plan first. State law requires 
a proposed comprehensive plan amendment to receive two public hearings, the first held by the 
local planning board, and subsequently by the governing board.
138
  
 
Development Permits and Orders 
The Community Planning Act defines "development" as "the carrying out of any building 
activity or mining operation, the making of any material change in the use or appearance of any 
structure or land, or the dividing of land into three or more parcels."
139
 When a party wishes to 
engage in development activity, they must seek a development permit from the appropriate local 
government having jurisdiction. Under the Community Planning Act, a development permit 
includes "any building permit, zoning permit, subdivision approval, rezoning, certification, 
special exception, variance, or any other official action of local government having the effect of 
permitting the development of land."
140
 Once a local government has officially granted or denied 
a development permit, the official action constitutes a development order.
141
 A development 
order vests certain rights related to the land.
142
 
 
 
132
 Section 163.3177(1), F.S. 
133
 Section 163.3177(6), F.S.  
134
 “Land development regulations” means ordinances enacted by governing bodies for the regulation of any aspect of 
development and includes any local government zoning, rezoning, subdivision, building construction, or sign regulations or 
any other regulations controlling the development of land, except that this definition does not apply in s. 163.3213. See s. 
163.3164(26), F.S. 
135
 Section 163.3202, F.S. 
136
 Id. 
137
 Section 163.3213, F.S. 
138
 Sections 163.3174(4)(a) and 163.3184, F.S. 
139
 Section 163.3164(14), F.S. 
140
 Section 163.3164(16), F.S. 
141
 See s. 163.3164(15), F.S. 
142
 See s. 163.3167(3), F.S.  BILL: CS/CS/SB 180   	Page 17 
 
Building Permits and Inspections 
It is the intent of the Legislature that local governments have the power to inspect all buildings, 
structures, and facilities within their jurisdiction in protection of the public’s health, safety, and 
welfare.
143
 
 
Every local government must enforce the Florida Building Code and issue building permits.
144 
It 
is unlawful for a person, firm, or corporation to construct, erect, alter, repair, secure, or demolish 
any building without first obtaining a permit from the local government enforcing agency or 
from such persons as may, by resolution or regulation, be directed to issue such permit.
145
 
A local government may charge reasonable fees as set forth in a schedule of fees adopted by the 
enforcing agency for the issuance of a building permit.
146
 Such fees shall be used solely for 
carrying out the local government’s responsibilities in enforcing the Building Code.
147
 Enforcing 
the Building Code includes the direct costs and reasonable indirect costs associated with review 
of building plans, building inspections, reinspections, building permit processing, and fire 
inspections.
148
 Local governments must post all building permit and inspection fee schedules on 
its website.
149
 
 
Any construction work that requires a building permit also requires plans and inspections to 
ensure the work complies with the building code. The building code requires certain building, 
electrical, plumbing, mechanical, and gas inspections.
150
 Construction work may not be done 
beyond a certain point until it passes an inspection.
151
 
 
Current law provides a set of deadlines for the ordinary processing of building permits depending 
on the type of permit.
152
 Various laws require or encourage local governments to further expedite 
the permitting process in certain situations, such as for the construction of public schools, state 
colleges and universities and affordable housing.
153
 
 
General Overview of Property Taxation 
The ad valorem tax or “property tax” is an annual tax levied by counties, municipalities, school 
districts, and some special districts. The tax is based on the taxable value of a property as of 
 
143
 Section 553.72, F.S. 
144
 Sections 125.01(1)(bb), 125.56(1), and 553.80(1), F.S. 
145
 Sections 125.56(4)(a), 553.79(1), F.S. 
146
 Section 553.80 F.S. 
147
 Id. 
148
 Section 553.80(7)(a)(1), F.S. 
149
 Sections 125.56(4)(c) F.S. and 166.222(2) F.S. 
150
 Florida Building Code, 2023 Florida Building Code: 8th Edition, s. 110 (2023), available at 
https://codes.iccsafe.org/content/FLBC2023P1/chapter-1-scope-and-administration#FLBC2023P1_Ch01_SubCh02_Sec110 
(last visited Mar. 9, 2025). 
151
 Id. at s. 110.6. 
152
 Section 553.792(1)(a), F.S. 
153
 See sections 403.973(3), 420.5087(6)(c)8., and 553.80(6)(b)2., F.S.  BILL: CS/CS/SB 180   	Page 18 
 
January 1 of each year.
154
 The property appraiser annually determines the “just value”
155
 of 
property within the taxing authority and then applies relevant exclusions, assessment limitations, 
and exemptions to determine the property’s “taxable value.”
156
 The state constitution prohibits 
the state from levying ad valorem taxes
157
 and it limits the Legislature’s authority to provide for 
property valuations at less than just value, unless expressly authorized.
158
 
 
Assessment of Damaged Agricultural Equipment 
“Tangible personal property” means all goods, chattels, and other articles of value (not including 
vehicles) capable of manual possession and whose chief value is intrinsic to the article itself.
159
 
All tangible personal property is subject to ad valorem taxation unless expressly exempted.
160
 
Household goods and personal effects,
161
 items of inventory,
162
 and up to $25,000 of assessed 
value for each tangible personal property tax return
163
 are exempt from ad valorem taxation. 
 
For purposes of ad valorem property taxation, agricultural equipment that is located on property 
classified as agricultural under s. 193.461, F.S., and is obsolete and no longer usable for its 
intended purpose is deemed to have a market value no greater than its value for salvage.
164
 
 
Florida Keys Area of Critical State Concern 
In 1975, the Florida Keys were designated as an area of critical state concern. The designation 
includes the municipalities of Islamorada, Marathon, Layton and Key Colony Beach, and 
unincorporated Monroe County.
165
 State, regional, and local governments in the Florida Keys 
Area of Critical State Concern are required to coordinate development plans and conduct 
programs and activities consistent with principles for guiding development. Principles include 
protecting the environmental resources, historical heritage, and water quality of the Florida 
Keys.
166
 
 
154
 Both real property and tangible personal property are subject to tax. Section 192.001(12), F.S., defines “real property” as 
land, buildings, fixtures, and all other improvements to land. Section 192.001(11)(d), F.S., defines “tangible personal 
property” as all goods, chattels, and other articles of value capable of manual possession and whose chief value is intrinsic to 
the article itself. 
155
 Property must be valued at “just value” for purposes of property taxation, unless the Florida Constitution provides 
otherwise. FLA. CONST. Art VII, s. 4. Just value has been interpreted by the courts to mean the fair market value that a willing 
buyer would pay a willing seller for the property in an arm’s-length transaction. See, e.g., Walter v. Schuler, 176 So. 2d 81 
(Fla. 1965); Deltona Corp. v. Bailey, 336 So. 2d 1163 (Fla. 1976); S. Bell Tel. & Tel. Co. v. Dade Cnty., 275 So. 2d 4 (Fla. 
1973). 
156
 See ss. 192.001(2) and (16), F.S. 
157
 FLA. CONST. art. VII, s. 1(a). 
158
 See FLA. CONST. art. VII, s. 4. 
159
 Section 192.001(11)(d), F.S. 
160
 Section 196.001(1), F.S. 
161
 Section 196.181, F.S. 
162
 Section 196.185, F.S. 
163
 Section 196.183, F.S. 
164
 Section 193.4615, F.S. 
165
 The City of Key West functions as a separate area of critical state concern, called the City of Key West Area of Critical 
State Concern, with similar restrictions. Section 380.0552, F.S.; 2020 Florida Keys Area of Critical State Concern Annual 
Report available at https://floridajobs.org/docs/default-source/2015-community-development/community-planning/2015-
cmty-plan-acsc/2020keysacscannualreport.pdf?sfvrsn=51c94eb0_2 (last visited Apr. 2, 2025). 
166
 For a full list of required considerations, see s. 380.0552(7), F.S.  BILL: CS/CS/SB 180   	Page 19 
 
A land development regulation or element of a local comprehensive plan in the Florida Keys 
Area may be enacted, amended, or rescinded by a local government, but such actions must be 
approved by the Florida Department of Commerce (“Commerce”).
167
 Amendments to local 
comprehensive plans must also be reviewed for compliance with several requirements: 
construction schedules, financing plans and compliance with construction standards for 
wastewater treatment and disposal facilities, and protection of public safety with maintenance of 
hurricane evacuation clearance time with standards developed by a hurricane evacuation study 
conducted under professionally accepted methodology.  
 
Hurricane Evacuation Clearance Standards in the Florida Keys 
The Florida Keys Area Protection Act
168
 provides, in part, that comprehensive plan amendments 
within the covered area, which includes the majority of Monroe County, must comply with 
“goals, objectives and policies to protect public safety and welfare in the event of a natural 
disaster by maintaining a hurricane evacuation clearance time for permanent residents of no 
more than 24 hours.”
 
The hurricane evacuation clearance time must be determined by a hurricane 
evacuation study conducted in accordance with a professionally accepted methodology and 
approved by Commerce.
169
 
 
Beach Funding 
Funding for Florida’s critically eroded beaches is managed by the Beach Management Funding 
Assistance Program.
170
 The program provides grants to local governments (up to 75% of project 
costs) for beach and inlet management projects to restore and nourish the state’s most severely 
eroded beaches.
171
 These projects protect upland structures and infrastructure, provide critical 
habitat for threatened and endangered species, provide recreational opportunities, and support 
local economies through tourism.
172
 
 
The Department of Environmental Protection (DEP) accepts funding requests on an annual basis 
from local governments and municipalities for beach and inlet management projects.
173
 To be 
eligible for funding, projects must be accessible to the public, located on the Gulf of Mexico, 
Atlantic Ocean or Straits of Florida, be designated by the DEP as a critically eroded beach, and 
be consistent with the state’s Strategic Beach Management Plan.
174
 
 
The funds are cost-shared with local governments on local and federally authorized projects, 
with each level of government contributing about one-third of the cost of the entire program.
175
 
 
167
 Section 380.0552(9)(a), F.S. 
168
 Section 380.0552, F.S. 
169
 Section 380.0552(9)(a)2., F.S. 
170
 Fla. Dep’t of Environmental Protection, About the Beaches Funding Program, https://floridadep.gov/rcp/beaches-funding-
program (last visited Mar. 9, 2025). 
171
 Section 161.101(1), F.S. 
172
 Fla. Dep’t of Environmental Protection, About the Beaches Funding Program, https://floridadep.gov/rcp/beaches-funding-
program (last visited Mar. 9, 2025). 
173
 Fla. Admin. Code R. 62B-36.005.  
174
 Fla. Admin. Code Chapter 62B-36. See also Fla. Dep’t of Environmental Protection, About the Beaches Funding 
Program, https://floridadep.gov/rcp/beaches-funding-program (last visited Mar. 9, 2025). 
175
 Fla. Dep’t of Environmental Protection, About the Beaches Funding Program, https://floridadep.gov/rcp/beaches-funding-
program (last visited Mar. 9, 2025).  BILL: CS/CS/SB 180   	Page 20 
 
This funding has resulted in the restoration and subsequent maintenance of more than 253 miles, 
or 58%, of the state’s 432.5 miles of critically eroded beaches.
176
 
 
Solid Waste 
Counties have the authority to provide and regulate waste and sewage collection and disposal.
177
 
A county may require that any person within the county demonstrate the existence of some 
arrangement or contract by which the person’s solid waste
178
 will be disposed of in a manner 
consistent with county ordinance or state or federal law.
179
 Counties also have authority to adopt 
ordinances that govern the disposal of solid waste generated outside the county at the county’s 
solid waste disposal facility.
180
 
 
The DEP is responsible for implementing and enforcing the solid waste management program, 
which provides guidelines for the storage, separation, processing, recovery, recycling, and 
disposal of solid waste throughout the state.
181
 The program is required to include procedures 
and requirements to ensure cooperative efforts in solid waste management by counties and 
municipalities and groups of counties and municipalities where appropriate.
182
 
 
Counties are responsible for operating solid waste disposal facilities, which are permitted 
through the DEP, in order to meet the needs of the incorporated and unincorporated areas of the 
county
183
 and may contract with other persons to fulfill some or all of its solid waste 
responsibilities.
184
 Each county must ensure that municipalities within its boundaries participate 
in the preparation and implementation of recycling and solid waste management programs 
through interlocal agreements or other means.
185
 In providing services or programs for solid 
waste management, local governments and state agencies are encouraged to use the most cost-
effective means for providing services and are encouraged to contract with private entities for 
any or all such services or programs to assure that those services are provided on the most cost-
effective basis.
186
 Local governments are expressly prohibited from discriminating against 
privately owned solid waste management facilities solely because they are privately owned.
187
 
 
176
 Id. 
177
 Section 125.01(1)(k), F.S. 
178
 Section 403.703(35), F.S. “Solid waste” is defined as sludge unregulated under the federal Clean Water Act or Clean Air 
Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or garbage, rubbish, 
refuse, special waste, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting 
from domestic, industrial, commercial, mining, agricultural, or governmental operations. 
179
 Section 125.01(1)(k)2., F.S. 
180
 Section 403.706(1), F.S. 
181
 Section 403.705, F.S. 
182
 Section 403.705(2)(a), F.S. 
183
 Section 403.706(1), F.S. 
184
 Section 403.706(8), F.S. 
185
 Section 403.706(3), F.S. 
186
 Section 403.7063, F.S. 
187
 Id.  BILL: CS/CS/SB 180   	Page 21 
 
III. Effect of Proposed Changes: 
State Emergency Management Act and FDEM Duties 
Section 3 amends s. 215.559, F.S., relating to the Hurricane Loss Mitigation Program, to require 
the FDEM to give funding priority for public hurricane shelter projects that are located in 
counties that have shelter deficits and to projects that are publicly owned other than schools in 
addition to projects that maximize the use of state funds. 
 
Section 5 amends s. 252.35, F.S., to provide legislative intent to specify that other departments 
and agencies of state government, county and municipal governments and school boards, and 
private agencies have a role in emergency management and that the Legislature intends that they 
coordinate to the greatest extent possible in the provision of emergency management efforts 
through the FDEM. 
 
The shelter planning component of the comprehensive emergency management plan is revised to 
require planning to ensure shelter space be available on a county basis, rather than a regional 
basis. The bill revises the annual requirement for the FDEM to submit the state comprehensive 
emergency management plan to be due on October 1 of every odd-numbered-year. A separate 
reporting requirement on the emergency management capabilities of the state and its political 
subdivisions is consolidated into this report. 
 
The FDEM is directed to establish procedures to coordinate and monitor statewide mutual aid 
agreements reimbursable under federal public disaster assistance programs. 
 
The requirement for the FDEM to assist political subdivisions in preparing and maintaining 
emergency management plans is clarified to include the development of a template for 
comprehensive management plans and guidance on the development of mutual aid agreements. 
 
The requirement for the FDEM to implement training programs is clarified to include the 
purpose of maintaining Florida’s status as a national leader in emergency management. The 
FDEM must specify minimum biennial training requirements for county or municipal 
administrators, county or city managers, county or municipal emergency management directors, 
and county or municipal public works directors or other officials responsible for the construction 
and maintenance of public infrastructure, in addition to minimum training already required under 
the Act. Training for county personnel may be provided by a foundation that is a 501(c)(3) with a 
governing board including county commissioners and professional county staff. FDEM must 
approve training provided by the foundation. 
 
The FDEM must complete an inventory of disaster response equipment, including an inventory 
of portable generators as already required by the Act. 
 
The bill requires the FDEM to conduct a hurricane readiness session by April 1 annually for the 
purpose of facilitating coordination between emergency management stakeholders. A session 
will be held in each region as designated by the FDEM. County emergency management 
directors (or designees) must attend, and other county or municipal personnel may attend the 
session. The content of the session must include guidance on timelines for preparation and  BILL: CS/CS/SB 180   	Page 22 
 
response, information on state and federal post-disaster resources and assistance, guidance to 
promote efficient and expedited rebuilding of the community after a hurricane, best practices for 
coordination and communication among entities engaged in post-disaster response and recovery, 
and discussion of any outstanding county or municipal preparedness or readiness needs 
 
Section 6 amends s. 252. 355, F.S., to require the Department of Veterans’ Affairs to annually 
provide information on the special needs registry to their special needs clients and caregivers. 
 
Section 7 amends s. 252.3611, F.S., to revise emergency expenditure auditing and reporting 
requirements. Requirements for the reporting of contracts executed with funding authorized for 
use in responding to the emergency to apply when a declaration or extension of a state of 
emergency by the Governor lasts longer than 90 days. Under such circumstances, all contracts to 
be posted on the Florida Accountability Contract Tracking System (FACTS), including those 
executed before the declaration for resources or services in anticipation or advance of an 
emergency. 
 
The Auditor General is required to post the results of audits of expenditures associated with 
emergencies on his or her official website. 
 
The FDEM is required to annually report by January 15 to the Legislature, including the 
appropriations committees, on expenditures incurred related to emergencies over the previous 
year. The report must summarize the event and actions taken by the FDEM. It must detail 
expenditures by event and include an accounting of inventory and assets purchased. 
 
Section 8 amends s. 252.365, F.S., to revise the requirement for agency emergency coordination 
officers to coordinate with FDEM to include identifying priorities for post-disaster long-term 
recovery activities. The requirement for agency heads to inform the Governor of who has been 
designated as the agency emergency coordination officer is revised to be required by May 1 
annually. 
 
Section 9 amends s. 252.3655, F.S., to rename the Natural Hazards Interagency Workgroup as 
the “Natural Hazards Risks and Mitigation Interagency Coordinating Group” and substantially 
revise the requirements of the group. The purpose for the group is amended to include work 
related to risks and mitigation. Administrative and reporting requirements for the group are 
substantially revised. 
 
Rather than agencies, water management districts, and the Florida Public Service Commission 
selecting a designee for the group, the Chief Resilience Officer of the Statewide Office of 
Resilience and the heads of the Department of Agriculture and Consumer Services; the 
Department of Commerce.; the Department of Environmental Protection; the Department of 
Financial Services; the Department of Law Enforcement; the Department of Highway Safety and 
Motor Vehicles.; the Department of Military Affairs; the Division of Emergency Management.; 
the Department of Transportation; the Fish and Wildlife Conservation Commission; the Office of 
Insurance Regulation; the Public Service Commission; and the water management districts are 
required to serve. 
  BILL: CS/CS/SB 180   	Page 23 
 
Section 10 amends s. 252.37, F.S., to require the FDEM to notify the Legislature if it intends to 
accept or apply for federal funds for a program administered by the FDEM that is new, will be 
implemented in an innovative or significantly different manner, or will require new budget 
authority for a state match. The notice must include detail on the program, and the intended use 
and amount of the funds. 
 
The bill requires the FDEM to maximize the availability and expedite the distribution of 
financial assistance from the Federal Government to state and local agencies. In doing so, the 
FDEM must standardize and streamline the Public Assistance application process and the 
provision of assistance to applicants in order to mitigate the risk of noncompliance with federal 
requirements. The FDEM must use federal finds to implement this requirement. 
 
Section 11 creates s. 252.3713, F.S., relating to the Hazard Mitigation Grant Program (HMGP), 
to specify administerial requirements for the FDEM related to HMGP funds. 
 
The FDEM’s designation as the entity responsible for administering the HMGP is explicitly 
codified. FDEM is limited to retaining no more than 25 percent of the total federal allocation of 
funds for use within the state, while the remaining 75 percent must be distributed to subrecipients 
in counties specified in the Presidential Disaster Declaration. Subrecipients are authorized to 
share their allocation with the FDEM for regional use. 
 
The FDEM and subrecipients are directed to prioritize projects for reducing shelter deficits; 
mitigating impacts to public infrastructure, retrofitting of regional and local emergency 
management or operations centers, or other projects specified in the FDEM rule. 
 
The FDEM is authorized to coordinate with state agencies and political subdivisions in 
developing and implementing innovative approaches to funding projects using HMGP grants. 
 
Fiscally constrained counties are authorized to request that the FDEM administer a HMGP grant 
the county receives and may request the FDEM assistance in applying for HMGP grants. 
 
FDEM must annually submit a report to the Legislature specifying the amount of funding 
received under the HMGP the previous fiscal year; projects funded by county; and the extent that 
the identified statutory priorities were achieved. 
 
The FDEM is required to adopt rules to implement the section. 
 
Section 13 amends s. 252.38, F.S., to direct political subdivisions to notify the FDEM by May 1 
annually of the person designated as the emergency contact and their alternate. Counties must 
designate the county’s emergency director as the emergency contact. 
 
Section 14 amends s. 252.385, F.S., to revise public shelter space reporting requirements for the 
FDEM. The annual requirement for the FDEM to provide a list of recommended shelter facilities 
is combined with a biennial statewide shelter plan into a single annual report. The report must be 
provided annually by October 15 to the Governor and Legislature. 
  BILL: CS/CS/SB 180   	Page 24 
 
State funds should be maximized and targeted to projects in counties, rather than in regions. The 
FDEM is required to prioritize on the list of recommended facilities other state-owned, 
municipal-owned, and county-owned public buildings, other than schools, for retrofit using state 
funds. 
 
The Agency for Persons with Disabilities is required to assist the FDEM in planning the need for 
special needs shelter space. 
 
Florida National Guard Medical Officer Authorization 
Section 4 amends s. 250.375, F.S., to allow servicemembers who are trained to provide medical 
care and are assigned to a military duty position and authorized by FLNG to provide medical 
care because of that duty position to provide medical care to both military personnel and 
civilians during emergencies or declared disasters. 
 
Community Post-Storm Permitting and Planning 
Section 15 creates s, 252.392, F.S., related to post-storm county and municipal permitting and 
operations. Under the section, counties and municipalities are required to develop plans for post-
storm permitting to expedite recovery and rebuilding by providing for special building permit 
and inspection procedures after a hurricane or tropical storm and update them by May 1 
annually. Counties and municipalities must plan to ensure sufficient personnel can manage 
building inspection, permitting, and enforcement; account for in-person locations for permitting 
services during business hours; protocols to expedite permitting and waive or reduce fees; and 
procedures to expedite debris removal. 
 
Counties and municipalities must publish a guide on their website by May 1 annually intended 
for residential and commercial property owners. The guide must cover post-storm repairs that do 
and do not require permits and applicable fees; post-storm permitting procedures; and local 
rebuilding requirements. 
 
Counties and municipalities located within 100 miles of the track of a hurricane or tropical storm 
and for which the Governor has declared a state of emergency are prohibited, for 180 days after 
the declaration of a state of emergency for a hurricane or tropical storm, from increasing building 
permit fees or inspection fees. As soon as practicable, such counties and municipalities are 
required to have personnel available during the county’s or municipality’s normal business hours 
to process permits. 
 
Section 20 prohibits a local government from adopting a local lookback ordinance for substantial 
improvements or repairs to a structure which is more stringent than the Florida Building Code 
and provides that such an ordinance adopted before July 1, 2025 is void and unenforceable. 
Because the Florida Building Code does not currently include a requirement related to 
cumulative damage, this will have the effect of prohibiting lookback ordinances completely 
unless and until the Building Code is amended and will render all such ordinances in effect as of 
July 1, 2025 void. 
 
  BILL: CS/CS/SB 180   	Page 25 
 
Section  21 provides that a county or municipality listed in the federal disaster declaration for 
Hurricane Debby, Hurricane Helene, or Hurricane Milton shall not propose or adopt a 
moratorium on construction, reconstruction, or redevelopment of property damaged by 
hurricanes; more restrictive or burdensome procedures to its comprehensive plan or land 
development regulations concerning the review, approval or issuance of a site plan, development 
permit, or development order. Any such moratorium or restrictive or burdensome comprehensive 
plan amendment, land development regulation, or procedure is null and void ab initio. This 
subsection applies retroactively to August 1, 2024. Any comprehensive plan amendment, land 
development regulation, development permit, or development order approved by a county or 
municipality under procedures adopted before the effective date of this act may be enforced 
under certain circumstances. 
 
The bill creates a cause of action for residents or business owners in a county or municipality to 
seek declaratory and injunctive relief against the county or municipality that has proposed or 
enacted a moratorium or restrictive or burdensome comprehensive plan amendment, land 
development regulation, or procedure. The resident or business owner is entitled to a preliminary 
injunction until the court adjudicates the action. If the resident or business owner is successful, 
they are entitled to reasonable attorney fees and costs. Attorney fees and costs may not be 
awarded if the resident or business owner notifies the county or government that the moratorium 
or restrictive or burdensome comprehensive plan amendment, land development regulation, or 
procedure is in violation and the county or municipality withdraws the moratorium or restrictive 
or burdensome comprehensive plan amendment, land development regulation, or procedure 
within 14 days. 
 
This section takes effect upon becoming a law. 
 
Assessment of Damaged Agricultural Equipment 
Section 2 amends s. 193.4518, F.S., providing that tangible personal property owned and 
operated by a farm, farm operation, or agricultural processing facility in certain counties shall be 
deemed to have a market value no greater than its salvage value, provided the tangible personal 
property was unable to be used in the operation of the facility for at least 60 days due to the 
effects of Hurricane Debby, Hurricane Helene, or Hurricane Milton.  
 
This valuation will be effective only for the 2025 tax year and is limited to properties in Alachua, 
Baker, Bradford, Brevard, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, 
Flagler, Franklin, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Hernando, Highlands, 
Hillsborough, Indian River, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Madison, Manatee, 
Marion, Martin, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, 
Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Taylor, Union, Volusia, or Wakulla 
counties. 
 
The deadline to apply for this assessment is August 1, 2025. If the application is denied by the 
property appraiser, a petition may be filed with the value adjustment board to request the 
property be assessed according to this provision. The petition must be filed on or before the 25th 
day after the property appraiser mails the 2025 notice of assessment. 
  BILL: CS/CS/SB 180   	Page 26 
 
This provision is effective upon becoming a law and applies retroactively to January 1, 2025. 
 
Hurricane Evacuation Clearance Standards in the Florida Keys 
Section 16 amends s. 380.0552, F.S., to amend the hurricane evacuation clearance time which 
subject local governments must base comprehensive planning around from 24 to 26 hours. 
  
Section 17 provides that the intent of the Legislature in this amendment is to accommodate the 
building of additional developments to ameliorate the acute affordable housing and building 
permit allocation shortage. The Legislature thereby intends that local governments manage 
growth authorized by the amendment with a focus on long-term stability and affordable housing 
for the local workforce. 
 
Beach Funding 
Section 1 amends s. 161.101, F.S., to provide that, for any county listed in a federal declaration 
of disaster in 2024 that was impacted by erosion caused by Hurricane Debby, Hurricane Helene, 
or Hurricane Milton, the DEP may waive or reduce the match requirements for local 
governments for local participation in beach management and erosion control projects. This 
subsection expires July 1, 2026. 
 
Storm-generated Debris 
Section 19 amends s. 403.7071, F.S., to revise authorizations and requirements related to storm-
generated debris.  
 
Local governments are authorized and encouraged to add an addendum to existing contracts or 
franchise agreements for collection of storm-generated debris 
 
Counties and municipalities are required to apply to the DEP for authorization of at least one 
debris management site and seek annual preauthorization for previously approved sites as 
allowed for the department. 
 
Municipalities are authorized to jointly apply for authorization of a debris management site with 
a county or an adjacent municipality, pursuant to a memorandum of understanding. 
 
Effective Date 
Section 23 provides that the bill will take effect on July 1, 2025, unless otherwise expressly 
provided. 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
Article VII, s. 18(b) of the Florida Constitution provides that except upon the approval of 
each house of the Legislature by a two-thirds vote of the membership, the Legislature 
may not enact, amend, or repeal any general law if the anticipated effect of doing so  BILL: CS/CS/SB 180   	Page 27 
 
would be to reduce the authority that municipalities or counties have to raise revenue in 
the aggregate, as such authority existed on February 1, 1989. The mandate requirement 
does not apply to laws having an insignificant impact,
188
 which for Fiscal Year 2025-
2026 is forecast at approximately $2.4 million. 
 
 
The Revenue Estimating Conference met on March 21
st
 and adopted an estimated impact 
for a portion of CS/SB 180. Related to section 2 of the bill, the Conference estimated that 
the assessment limitation on agricultural equipment would have a negative $6.7 million  
impact to local government property tax revenues for Fiscal Year 2025-2026.
189
 
Therefore, this bill may be a mandate subject to the requirements of Art. VII, s. 18(b) of 
the State Constitution. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
Article VII, s. 19 of Florida Constitution requires increased taxes or fees to be passed in a 
separate bill and by two-thirds vote of the membership of each house of the Legislature. 
This bill does not increase any taxes or fees, and thus the increased tax or fee 
requirements do not apply. 
E. Other Constitutional Issues: 
None identified. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
 
 
The Revenue Estimating Conference met on March 21
st
 and adopted an estimated impact 
for a portion of CS/SB 180. Related to section 2 of the bill, the Conference estimated that 
 
188
 FLA. CONST. art. VII, s. 18(d). An insignificant fiscal impact is the amount not greater than the average statewide 
population for the applicable fiscal year multiplied by $0.10. See Fla. S. Comm. on Cmty. Affairs, Interim Report 2012-115: 
Insignificant Impact, (Sept. 2011), available at: 
http://www.flsenate.gov/PublishedContent/Session/2012/InterimReports/2012-115ca.pdf (last visited Mar. 9, 2025). 
189
 Revenue Estimating Conference, Hurricane Damage TPP Assessments CS/SB 180, (Mar. 21, 2025) 135-138, available at 
https://edr.state.fl.us/Content/conferences/revenueimpact/archives/2025/_pdf/page135-138.pdf.  BILL: CS/CS/SB 180   	Page 28 
 
the assessment limitation on agricultural equipment would have a negative $6.7 million 
impact to local government property tax revenues for Fiscal Year 2025-2026.
190
 
B. Private Sector Impact: 
Agricultural producers with agricultural equipment unable to be used due to hurricanes 
will experience property tax relief. 
 
Residents and businesses affected by disasters may experience quicker post-storm permit 
processing times and reduced or waived permit and inspection fees. 
C. Government Sector Impact: 
Local governments affected by beach erosion from hurricanes in 2024 will be able to 
implement beach management and erosion projects with a reduced match or without 
having to put forward match funds. 
 
Local governments where agricultural equipment is located that was unable to be used 
due to hurricanes in 2024 will receive reduced property tax revenues due to the property 
tax assessment limitation on agricultural equipment . 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
None. 
VIII. Statutes Affected: 
This bill substantially amends the following sections of the Florida Statutes: 161.101, 193.4518, 
215.559, 250.375, 252.35, 252.355, 252.3611, 252.365, 252.3655, 252.37, 252.373, 252.38, 
252.385, 380.0552, 400.063, 403.7071, and 553.73. 
 
This bill creates the following sections of the Florida Statutes: 252.3713 and 252.392. 
 
This bill reenacts section 252.55 of the Florida Statutes. 
IX. Additional Information: 
A. Committee Substitute – Statement of Substantial Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
CS/CS by Appropriations on April 2, 2025: 
The committee substitute: 
• Allows a nonprofit to provide training for county officials if approved by FDEM; 
 
190
 Id.  BILL: CS/CS/SB 180   	Page 29 
 
• Requires FDEM to annually submit a report to the Legislature on Hazard Mitigation 
Grant Program grants; 
• Clarifies that local governments within 100 miles of the track of a hurricane or 
tropical storm are subject to certain fee increase prohibitions and personnel 
availability requirements; 
• Increases the evacuation time for the Florida Keys from 24 to 26 hours; and 
• Prohibits local governments from adopting a lookback period for substantial 
improvements or repairs that is more stringent than the Florida Building Code. 
 
CS by Community Affairs on March 11, 2025: 
The committee substitute: 
• Provides that the property tax assessment limitation on ag equipment unable to be 
used is effective upon becoming law and applies retroactively to Jan. 1, 2025. 
• Requires that the FDEM establish procedures for coordinating and monitoring 
statewide mutual aid agreements reimbursable under federal public disaster assistance 
programs. 
• Revises the membership of the Natural Hazards Risks and Mitigation Interagency 
Coordinating Group. 
• Requires the FDEM to notify the Legislature when accepting or applying for federal 
funds for certain new or innovative programs or that will require new budget 
authority. 
• Requires the FDEM to standardize and streamline the application process for the 
federal Public Assistance Program and use federal funds to implement the 
requirement. 
• Provides that the FDEM may retain 25 percent of the total federal allocation of funds 
received under the HMGP. 
• Creates a cause of action for residents or business owners affected by an unlawful 
burdensome regulation or moratorium to seek declaratory and injunctive relief. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.