Florida Senate - 2023 CS for SB 250
By the Committee on Community Affairs; and Senator Martin
578-02610-23 2023250c1
1 A bill to be entitled
2 An act relating to natural emergencies; creating ss.
3 125.023 and 166.0335, F.S.; defining the term
4 “temporary shelter”; prohibiting counties and
5 municipalities, respectively, from prohibiting
6 temporary shelters on residential property for a
7 specified timeframe under certain circumstances;
8 amending s. 189.0695, F.S.; authorizing independent
9 special fire control districts to file a specified
10 report on an alternative schedule under certain
11 circumstances; providing for retroactive application;
12 amending s. 252.35, F.S.; requiring the Division of
13 Emergency Management to post a model contract for
14 debris removal on its website by a specified date;
15 requiring the model contract to be annually updated by
16 a specified date; requiring the division to prioritize
17 technical assistance and training relating to natural
18 disasters and emergencies to fiscally constrained
19 counties; amending s. 252.363, F.S.; increasing the
20 timeframe to exercise rights under a permit or other
21 authorization; limiting the timeframe to exercise
22 rights under a permit or other authorization to a
23 certain timeframe when multiple natural emergencies
24 occur; creating s. 252.391, F.S.; defining the term
25 “local governmental entity”; encouraging local
26 governmental entities to develop an emergency
27 financial plan for major disasters; providing the
28 contents of the emergency financial plan; recommending
29 annual review of the emergency financial plan;
30 amending s. 252.40, F.S.; authorizing local
31 governments to create inspection teams for the review
32 and approval of certain expedited permits; encouraging
33 local governments to establish certain interlocal
34 agreements; encouraging local governments to develop
35 plans related to temporary accommodations of certain
36 individuals; amending s. 287.055, F.S.; revising the
37 definition of the term “continuing contract”;
38 providing for the future expiration and reversion of
39 specified statutory text; amending s. 288.066, F.S.;
40 creating the Local Government Emergency Revolving
41 Bridge Loan Program within the Department of Economic
42 Opportunity to provide certain financial assistance to
43 local governments impacted by federally declared
44 disasters; conforming provisions to changes made by
45 the act; providing construction; authorizing the
46 department to provide interest-free loans to eligible
47 local governments through specified means; requiring
48 the department to prescribe a loan application;
49 requiring the department to determine the loan amount
50 based on certain factors; authorizing the department
51 to deny a loan application and providing specified
52 reasons for such denial; requiring the department to
53 provide certain notice and make loan information
54 available to eligible local governments; requiring
55 loan repayments to be returned to the loan fund;
56 providing that funds appropriated for the program are
57 not subject to reversion; providing for expiration;
58 amending s. 489.117, F.S.; authorizing a registered
59 contractor to engage in contracting under certain
60 circumstances; providing an expiration timeframe for
61 such authorization; authorizing the local jurisdiction
62 to discipline the registered contractor under certain
63 circumstances; creating s. 553.7922, F.S.; requiring
64 local governments impacted by certain emergencies to
65 approve special processing procedures to expedite
66 certain permits; amending s. 553.80, F.S.; prohibiting
67 certain local governments from raising building
68 inspection fees during a certain timeframe; providing
69 for future expiration; prohibiting counties and
70 municipalities located in areas included in certain
71 federal disaster declarations from adopting or
72 amending certain procedures for a specified period;
73 providing for retroactive application; providing that
74 certain comprehensive plan amendments, land
75 development regulations, site plans, and development
76 permits or orders may be enforced; providing for
77 expiration; amending s. 823.11, F.S.; authorizing
78 certain persons to engage in a process relating to the
79 removal and destruction of derelict vessels; providing
80 an appropriation; providing for the transfer of
81 certain appropriated funds to the Economic Development
82 Trust Fund of the Department of Economic Opportunity;
83 requiring that loan repayments be repaid to the
84 Economic Development Trust Fund; providing effective
85 dates.
86
87 Be It Enacted by the Legislature of the State of Florida:
88
89 Section 1. Section 125.023, Florida Statutes, is created to
90 read:
91 125.023 Temporary shelter prohibition.—
92 (1) For the purposes of this section, the term “temporary
93 shelter” includes, but is not limited to, a recreational
94 vehicle, trailer, or similar structure placed on a residential
95 property.
96 (2) Notwithstanding any other law, ordinance, or regulation
97 to the contrary, following the declaration of a state of
98 emergency issued by the Governor for a natural emergency as
99 defined in s. 252.34(8) during which a permanent residential
100 structure was damaged and rendered uninhabitable, a county may
101 not prohibit the placement of one temporary shelter on the
102 residential property for up to 36 months after the date of the
103 declaration or until a certificate of occupancy is issued on the
104 permanent residential structure on the property, whichever
105 occurs first, if all of the following circumstances apply:
106 (a) The resident makes a good faith effort to rebuild or
107 renovate the damaged permanent residential structure, including,
108 but not limited to, applying for a building permit, submitting a
109 plan or design to the county, or obtaining a construction loan.
110 (b) The temporary shelter is connected to water and
111 electric utilities and does not present a threat to health and
112 human safety.
113 (c) The resident lives in the temporary structure.
114 Section 2. Section 166.0335, Florida Statutes, is created
115 to read:
116 166.0335 Temporary shelter prohibition.—
117 (1) For the purposes of this section, the term “temporary
118 shelter” includes, but is not limited to, a recreational
119 vehicle, trailer, or similar structure placed on a residential
120 property.
121 (2) Notwithstanding any other law, ordinance, or regulation
122 to the contrary, following the declaration of a state of
123 emergency issued by the Governor for a natural emergency as
124 defined in s. 252.34(8) during which a permanent residential
125 structure was damaged and rendered uninhabitable, a municipality
126 may not prohibit the placement of one temporary shelter on the
127 residential property for up to 36 months after the date of the
128 declaration or until a certificate of occupancy is issued on the
129 permanent residential structure on the property, whichever
130 occurs first, if all of the following circumstances apply:
131 (a) The resident makes a good faith effort to rebuild or
132 renovate the damaged permanent residential structure, including,
133 but not limited to, applying for a building permit, submitting a
134 plan or design to the municipality, or obtaining a construction
135 loan.
136 (b) The temporary shelter is connected to water and
137 electric utilities and does not present a threat to health and
138 human safety.
139 (c) The resident lives in the temporary structure.
140 Section 3. Subsection (4) is added to section 189.0695,
141 Florida Statutes, to read:
142 189.0695 Independent special districts; performance
143 reviews.—
144 (4) Notwithstanding the timeframe specified in paragraph
145 (2)(c), an independent special fire control district may file
146 its final report of the performance review no later than 15
147 months from the beginning of the district’s fiscal year if the
148 special district is within an area for which a state of
149 emergency for a natural disaster was declared pursuant to s.
150 252.36 or no later than 24 months from the beginning of the
151 district’s fiscal year if the special district is within an area
152 for which a state of emergency was declared pursuant to s.
153 252.36 for a hurricane rated category 3 or higher. This
154 subsection applies retroactively to the final reports required
155 to have been conducted by October 1, 2022.
156 Section 4. Effective upon becoming a law, paragraphs (bb)
157 and (cc) are added to subsection (2) of section 252.35, Florida
158 Statutes, to read:
159 252.35 Emergency management powers; Division of Emergency
160 Management.—
161 (2) The division is responsible for carrying out the
162 provisions of ss. 252.31-252.90. In performing its duties, the
163 division shall:
164 (bb) Post on its website a model of a local government
165 contract for debris removal to be used by political
166 subdivisions. The initial model contract must be posted to the
167 website no later than June 1, 2023, and, thereafter, the model
168 contract must be annually updated and posted to the website no
169 later than June 1.
170 (cc) Prioritize technical assistance and training to
171 fiscally constrained counties as defined in s. 218.67 on aspects
172 of safety measures, preparedness, prevention, response,
173 recovery, and mitigation relating to natural disasters and
174 emergencies.
175 Section 5. Paragraph (a) of subsection (1) of section
176 252.363, Florida Statutes, is amended to read:
177 252.363 Tolling and extension of permits and other
178 authorizations.—
179 (1)(a) The declaration of a state of emergency issued by
180 the Governor for a natural emergency tolls the period remaining
181 to exercise the rights under a permit or other authorization for
182 the duration of the emergency declaration. Further, the
183 emergency declaration extends the period remaining to exercise
184 the rights under a permit or other authorization for 24 6 months
185 in addition to the tolled period. The extended period to
186 exercise the rights under a permit or other authorization may
187 not exceed 48 months in total in the event of multiple natural
188 emergencies for which the Governor declares a state of
189 emergency. This paragraph applies to the following:
190 1. The expiration of a development order issued by a local
191 government.
192 2. The expiration of a building permit.
193 3. The expiration of a permit issued by the Department of
194 Environmental Protection or a water management district pursuant
195 to part IV of chapter 373.
196 4. Permits issued by the Department of Environmental
197 Protection or a water management district pursuant to part II of
198 chapter 373 for land subject to a development agreement under
199 ss. 163.3220-163.3243 in which the permittee and the developer
200 are the same or a related entity.
201 5. The buildout date of a development of regional impact,
202 including any extension of a buildout date that was previously
203 granted as specified in s. 380.06(7)(c).
204 6. The expiration of a development permit or development
205 agreement authorized by Florida Statutes, including those
206 authorized under the Florida Local Government Development
207 Agreement Act, or issued by a local government or other
208 governmental agency.
209 Section 6. Section 252.391, Florida Statutes, is created to
210 read:
211 252.391 Emergency financial plans.—
212 (1) As used in this section, the term “local governmental
213 entity” means a county, municipality, or district school board.
214 (2) Each local governmental entity is encouraged to develop
215 an emergency financial plan for major natural disasters that may
216 impact its jurisdiction. Disasters include, but are not limited
217 to, hurricanes, tornadoes, floods, and wildfires.
218 (3) Each emergency financial plan should be based on the
219 likely frequency of the disaster’s occurrence. The financial
220 plan should include a calculation of the costs for the natural
221 disaster event and a determination of the financial resources
222 available to the local governmental entity. If insufficient
223 funds are available to address the disaster event, the emergency
224 financial plan should identify strategies to close the gap
225 between the disaster event costs and the local governmental
226 entity’s financial capacity. Such strategies may include rainy
227 day funds, reprioritizing its annual budget, and borrowing.
228 (4) Local governmental entities should annually review
229 their emergency financial plans to address changes in
230 conditions.
231 Section 7. Subsections (3) and (4) are added to section
232 252.40, Florida Statutes, to read:
233 252.40 Mutual aid arrangements.—
234 (3) Local governments may create inspection teams to review
235 and approve expedited permits for temporary housing solutions,
236 repairs, and renovations after a natural disaster. Local
237 governments are encouraged to establish interlocal agreements
238 with other jurisdictions to provide additional inspection
239 services during a state of emergency.
240 (4) Municipalities and counties are encouraged to develop
241 and adopt plans to provide temporary accommodations for
242 contractors, utility workers, first responders, and others
243 dispatched to aid in hurricane recovery efforts. Public areas,
244 including, but not limited to, fairgrounds and parking lots, may
245 be used for tents and trailers for such temporary
246 accommodations.
247 Section 8. Effective upon becoming a law, paragraph (g) of
248 subsection (2) of section 287.055, Florida Statutes, is amended
249 to read:
250 287.055 Acquisition of professional architectural,
251 engineering, landscape architectural, or surveying and mapping
252 services; definitions; procedures; contingent fees prohibited;
253 penalties.—
254 (2) DEFINITIONS.—For purposes of this section:
255 (g) A “continuing contract” is a contract for professional
256 services entered into in accordance with all the procedures of
257 this act between an agency and a firm whereby the firm provides
258 professional services to the agency for projects in which the
259 estimated construction cost of each individual project under the
260 contract does not exceed $4 million, for study activity if the
261 fee for professional services for each individual study under
262 the contract does not exceed $500,000, or for work of a
263 specified nature as outlined in the contract required by the
264 agency, with the contract being for a fixed term or with no time
265 limitation except that the contract must provide a termination
266 clause. Firms providing professional services under continuing
267 contracts shall not be required to bid against one another. The
268 term “continuing contract” includes contracts executed through
269 June 30, 2025, for professional services to the agency for
270 projects related to natural disaster response or relief in which
271 the estimated construction cost for each individual project does
272 not exceed $15 million.
273 Section 9. The amendments made by this act to s.
274 287.055(2)(g), Florida Statutes, expire on July 1, 2026, and the
275 text of that paragraph shall revert to that in existence on the
276 day before the date that this act became a law, except that any
277 amendments to such text enacted other than by this act shall be
278 preserved and continue to operate to the extent that such
279 amendments are not dependent upon the portions of the text which
280 expire pursuant to this section.
281 Section 10. Section 288.066, Florida Statutes, as created
282 by section 1 of chapter 2023-1, Laws of Florida, is amended to
283 read:
284 288.066 Local Government Emergency Revolving Bridge Loan
285 Program.—
286 (1) CREATION.—The Local Government Emergency Revolving
287 Bridge Loan Program is created, subject to appropriation, within
288 the department to provide financial assistance to local
289 governments impacted by federally declared disasters Hurricane
290 Ian or Hurricane Nicole. The purpose of the loan program is to
291 assist these local governments in maintaining government
292 operations by bridging the gap between the time that the
293 declared disaster occurred and the time that additional funding
294 sources or revenues are secured to provide them with financial
295 assistance.
296 (2) ELIGIBILITY.—To be eligible for a loan under the
297 program, a local government must be a county or a municipality
298 located in an area designated in a the Federal Emergency
299 Management Agency disaster declaration declarations for
300 Hurricane Ian or Hurricane Nicole. The local government must
301 show that it may suffer or has suffered substantial loss of its
302 tax or other revenues as a result of the disaster hurricane and
303 demonstrate a need for financial assistance to enable it to
304 continue to perform its governmental operations. Access to and
305 eligibility for the loan program supersedes any local government
306 charter or borrowing limitations that would otherwise
307 financially constrain the local government’s ability to recover
308 from a disaster.
309 (3) LOAN TERMS.—
310 (a) The department may provide interest-free loans to
311 eligible local governments through a promissory note or other
312 form of written agreement evidencing an obligation to repay the
313 borrowed funds to the department.
314 (b) The amount of each loan must be based upon demonstrated
315 need and must be disbursed to the local government in a lump
316 sum.
317 (c) The term of the loan is up to 1 year, unless otherwise
318 extended by the department. However, the department may extend
319 loan terms for up to 6 months based on the local government’s
320 financial condition.
321 (4) APPLICATION.—The department shall prescribe a loan
322 application and any other information determined necessary by
323 the department to review and evaluate the application. The
324 eligible local government must submit a loan application within
325 the 12 months after the date that the federal disaster was
326 declared. Upon receipt of an application, the department shall
327 review the application and may request additional information as
328 necessary to complete the review and evaluation. The department
329 shall determine the amount to be loaned, which may be a lower
330 amount than requested, based on the information provided and the
331 total amount of funds available to be loaned and in relation to
332 demonstrated need from other eligible applicants. The department
333 may deny a loan application. Reasons for a loan application
334 denial may include, but are not limited to, the loan risk, an
335 incomplete application, failure to demonstrate need, or the fact
336 that receiving a loan may negatively affect the local
337 government’s eligibility for other federal programs.
338 (5)(4) USE OF LOAN FUNDS.—A local government may use loan
339 funds only to continue local governmental operations or to
340 expand or modify such operations to meet disaster-related needs.
341 The funds may not be used to finance or supplant funding for
342 capital improvements or to repair or restore damaged public
343 facilities or infrastructure.
344 (6)(5) LOAN REPAYMENT.—
345 (a) The local government may make payments against the loan
346 at any time without penalty. Early repayment is encouraged as
347 other funding sources or revenues become available to the local
348 government.
349 (b) Loans become due and payable in accordance with the
350 terms of the agreement.
351 (7)(6) ADMINISTRATION.—
352 (a) Upon the issuance of a federal disaster declaration,
353 the department shall provide notice of application requirements
354 and the total amount of funds available and make loan
355 information available to eligible local governments. Based upon
356 the amount of funds in the Economic Development Trust Fund
357 available to be loaned and anticipated balances, the department
358 may make funds available in an amount reasonably related to the
359 anticipated need, based upon the impacts of the federal
360 disaster, up to the total amount available The department may
361 approve loans in the 2022-2023 fiscal year or the 2023-2024
362 fiscal year up to the total amount appropriated.
363 (b) The department must coordinate with the Division of
364 Emergency Management or other applicable state agencies to
365 assess whether such loans would affect reimbursement under
366 federal programs for disaster-related expenses.
367 (c) All repayments of principal and interest shall be
368 returned to the loan fund and made available as provided in this
369 section. Notwithstanding s. 216.301, funds appropriated for this
370 program are not subject to reversion Upon receipt of any loan
371 payment from a local government, the department shall transfer
372 the funds to the General Revenue Fund.
373 (8)(7) RULES.—The department may adopt rules to implement
374 this section.
375 (9)(8) EXPIRATION.—This section expires July 1, 2038 June
376 30, 2027. A loan may not be awarded after June 30, 2038. Upon
377 expiration, all unencumbered funds and loan repayments made on
378 or after July 1, 2038, shall be transferred revert to the
379 General Revenue Fund.
380 Section 11. Effective upon becoming a law, subsection (5)
381 is added to section 489.117, Florida Statutes, to read:
382 489.117 Registration; specialty contractors.—
383 (5) Notwithstanding paragraph (1)(b), a registered
384 contractor may engage in contracting only for work covered by
385 the registration within an area for which a state of emergency
386 is declared pursuant to s. 252.36 for a natural emergency. This
387 authorization terminates 24 months after the expiration of the
388 declared state of emergency. The local jurisdiction that
389 licenses the registered contractor may discipline the registered
390 contractor for violations occurring outside the licensing
391 jurisdiction which occur during the period such work is
392 authorized under this subsection.
393 Section 12. Section 553.7922, Florida Statutes, is created
394 to read:
395 553.7922 Local government-expedited approval of certain
396 permits.—Following a state of emergency declared pursuant to
397 252.36 for a natural emergency, local governments impacted by
398 the emergency shall approve special processing procedures to
399 expedite permit issuance for permits that do not require
400 technical review, including, but not limited to, roof repairs,
401 reroofing, electrical repairs, service changes, or the
402 replacement of one window or one door. Local governments may
403 waive application and inspection fees for permits expedited
404 under this section.
405 Section 13. Effective upon becoming a law, present
406 subsections (8) and (9) of section 553.80, Florida Statutes, are
407 redesignated as subsections (9) and (10), respectively, and a
408 new subsection (8) is added to that section, to read:
409 553.80 Enforcement.—
410 (8) Effective January 1, 2023, local governments located in
411 areas designated in the Federal Emergency Management Agency
412 disaster declarations for Hurricane Ian or Hurricane Nicole may
413 not raise building inspection fees, as authorized by s.
414 125.56(2) or s. 166.222 and this section, before October 1,
415 2024. This subsection expires June 30, 2025.
416 Section 14. A county or municipality located in an area
417 designated in a Federal Emergency Management Agency disaster
418 declaration for Hurricane Ian or Hurricane Nicole shall not
419 adopt more restrictive or burdensome procedures to its
420 comprehensive plan or land development regulations, concerning
421 review, approval, or issuance of a site plan, development permit
422 or development order, to the extent those terms are defined by
423 s. 163.3164, Florida Statutes, or propose any such adoption or
424 amendment before October 1, 2024. This subsection applies
425 retroactively to September 29, 2022.
426 (2) Any comprehensive plan amendment, land development
427 regulation, site plan, development permit, or development order
428 approved by a county or municipality under procedures adopted
429 before the effective date of this act may be enforced.
430 (3) This section shall take effect upon becoming a law and
431 expires June 30, 2025.
432 Section 15. Paragraph (d) is added to subsection (2) of
433 section 823.11, Florida Statutes, to read:
434 823.11 Derelict vessels; relocation or removal; penalty.—
435 (2)
436 (d) Notwithstanding the additional 45 days provided in sub
437 subparagraph (b)2.b. during which an owner or a responsible
438 party may not be charged for a violation of this section, the
439 commission, an officer of the commission, a law enforcement
440 agency or officer specified in s. 327.70, or, during a state of
441 emergency declared by the Governor, the Division of Emergency
442 Management or its designee, may immediately begin the process
443 set forth in s. 705.103(2)(a) and, once that process has been
444 completed and the 45 days provided herein have passed, any
445 vessel that has not been removed or repaired such that it is no
446 longer derelict upon the waters of this state may be removed and
447 destroyed as provided therein.
448 Section 16. (1) For the 2023-2024 fiscal year, the sum of
449 $50 million in nonrecurring funds is appropriated from the
450 General Revenue Fund to the Economic Development Trust Fund of
451 the Department of Economic Opportunity to fund the Local
452 Government Emergency Revolving Bridge Loan Program.
453 (2) Funds appropriated in section 3 of chapter 2023-1, Laws
454 of Florida, for the Local Government Emergency Bridge Loan
455 Program which have not been loaned to a local government
456 pursuant to a loan agreement as of July 1, 2023, shall be
457 transferred by nonoperating budget authority to the Economic
458 Development Trust Fund of the Department of Economic Opportunity
459 to be used for the Local Government Emergency Revolving Bridge
460 Loan Program.
461 (3) Notwithstanding sections 1 and 3 of chapter 2023-1,
462 Laws of Florida, all loan repayments for loans made under the
463 Local Government Emergency Bridge Loan Program shall be repaid
464 into the Economic Development Trust Fund and be made available
465 for loans under the Local Government Emergency Revolving Bridge
466 Loan Program.
467 Section 17. Except as otherwise expressly provided in this
468 act and except for this section, which shall take effect upon
469 becoming a law, this act shall take effect July 1, 2023.