Florida Senate - 2023 CS for CS for SB 250
By the Committees on Fiscal Policy; and Community Affairs; and
Senator Martin
594-02965-23 2023250c2
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; requiring the division to administer a
20 revolving loan fund for certain local government
21 projects; amending s. 252.363, F.S.; increasing the
22 timeframe to exercise rights under a permit or other
23 authorization; limiting the timeframe to exercise
24 rights under a permit or other authorization to a
25 certain timeframe when multiple natural emergencies
26 occur; creating s. 252.391, F.S.; defining the term
27 “local governmental entity”; encouraging local
28 governmental entities to develop an emergency
29 financial plan for major disasters; providing the
30 contents of the emergency financial plan; recommending
31 annual review of the emergency financial plan;
32 amending s. 252.40, F.S.; authorizing local
33 governments to create inspection teams for the review
34 and approval of certain expedited permits; encouraging
35 local governments to establish certain interlocal
36 agreements; encouraging local governments to develop
37 plans related to temporary accommodations of certain
38 individuals; amending s. 287.055, F.S.; revising the
39 definition of the term “continuing contract”;
40 providing for the future expiration and reversion of
41 specified statutory text; amending s. 288.066, F.S.;
42 creating the Local Government Emergency Revolving
43 Bridge Loan Program within the Department of Economic
44 Opportunity to provide certain financial assistance to
45 local governments impacted by federally declared
46 disasters; conforming provisions to changes made by
47 the act; providing construction; authorizing the
48 department to provide interest-free loans to eligible
49 local governments through specified means; requiring
50 the department to prescribe a loan application;
51 requiring the department to determine the loan amount
52 based on certain factors; authorizing the department
53 to deny a loan application and providing specified
54 reasons for such denial; requiring the department to
55 provide certain notice and make loan information
56 available to eligible local governments; requiring
57 loan repayments to be returned to the loan fund;
58 providing that funds appropriated for the program are
59 not subject to reversion; providing for expiration;
60 amending s. 489.117, F.S.; authorizing a registered
61 contractor to engage in contracting under certain
62 circumstances; providing an expiration timeframe for
63 such authorization; authorizing the local jurisdiction
64 to discipline the registered contractor under certain
65 circumstances; creating s. 553.7922, F.S.; requiring
66 local governments impacted by certain emergencies to
67 approve special processing procedures to expedite
68 certain permits; amending s. 553.80, F.S.; prohibiting
69 certain local governments from raising building
70 inspection fees during a certain timeframe; providing
71 for future expiration; prohibiting counties and
72 municipalities located in areas included in certain
73 federal disaster declarations from adopting or
74 amending certain procedures for a specified period;
75 providing for retroactive application; providing that
76 certain comprehensive plan amendments, land
77 development regulations, site plans, and development
78 permits or orders may be enforced; providing for
79 expiration; creating s. 627.4108, F.S.; requiring
80 certain property insurers to submit any and all claims
81 handling manuals to the Office of Insurance Regulation
82 by a certain date and annually thereafter and within a
83 certain timeframe of any updates to such manuals;
84 requiring the insurers to include a certain
85 attestation on a form prescribed by the office;
86 requiring the office to conduct market conduct exams
87 as necessary; amending s. 823.11, F.S.; authorizing
88 certain persons to engage in a process relating to the
89 removal and destruction of derelict vessels; providing
90 appropriations; providing for the transfer of certain
91 appropriated funds to the Economic Development Trust
92 Fund of the Department of Economic Opportunity;
93 requiring that loan repayments be repaid to the
94 Economic Development Trust Fund; providing effective
95 dates.
96
97 Be It Enacted by the Legislature of the State of Florida:
98
99 Section 1. Section 125.023, Florida Statutes, is created to
100 read:
101 125.023 Temporary shelter prohibition.—
102 (1) For the purposes of this section, the term “temporary
103 shelter” includes, but is not limited to, a recreational
104 vehicle, trailer, or similar structure placed on a residential
105 property.
106 (2) Notwithstanding any other law, ordinance, or regulation
107 to the contrary, following the declaration of a state of
108 emergency issued by the Governor for a natural emergency as
109 defined in s. 252.34(8) during which a permanent residential
110 structure was damaged and rendered uninhabitable, a county may
111 not prohibit the placement of one temporary shelter on the
112 residential property for up to 36 months after the date of the
113 declaration or until a certificate of occupancy is issued on the
114 permanent residential structure on the property, whichever
115 occurs first, if all of the following circumstances apply:
116 (a) The resident makes a good faith effort to rebuild or
117 renovate the damaged permanent residential structure, including,
118 but not limited to, applying for a building permit, submitting a
119 plan or design to the county, or obtaining a construction loan.
120 (b) The temporary shelter is connected to water and
121 electric utilities and does not present a threat to health and
122 human safety.
123 (c) The resident lives in the temporary structure.
124 Section 2. Section 166.0335, Florida Statutes, is created
125 to read:
126 166.0335 Temporary shelter prohibition.—
127 (1) For the purposes of this section, the term “temporary
128 shelter” includes, but is not limited to, a recreational
129 vehicle, trailer, or similar structure placed on a residential
130 property.
131 (2) Notwithstanding any other law, ordinance, or regulation
132 to the contrary, following the declaration of a state of
133 emergency issued by the Governor for a natural emergency as
134 defined in s. 252.34(8) during which a permanent residential
135 structure was damaged and rendered uninhabitable, a municipality
136 may not prohibit the placement of one temporary shelter on the
137 residential property for up to 36 months after the date of the
138 declaration or until a certificate of occupancy is issued on the
139 permanent residential structure on the property, whichever
140 occurs first, if all of the following circumstances apply:
141 (a) The resident makes a good faith effort to rebuild or
142 renovate the damaged permanent residential structure, including,
143 but not limited to, applying for a building permit, submitting a
144 plan or design to the municipality, or obtaining a construction
145 loan.
146 (b) The temporary shelter is connected to water and
147 electric utilities and does not present a threat to health and
148 human safety.
149 (c) The resident lives in the temporary structure.
150 Section 3. Subsection (4) is added to section 189.0695,
151 Florida Statutes, to read:
152 189.0695 Independent special districts; performance
153 reviews.—
154 (4) Notwithstanding the timeframe specified in paragraph
155 (2)(c), an independent special fire control district may file
156 its final report of the performance review no later than 15
157 months from the beginning of the district’s fiscal year if the
158 special district is within an area for which a state of
159 emergency for a natural disaster was declared pursuant to s.
160 252.36 or no later than 24 months from the beginning of the
161 district’s fiscal year if the special district is within an area
162 for which a state of emergency was declared pursuant to s.
163 252.36 for a hurricane rated category 3 or higher. This
164 subsection applies retroactively to the final reports required
165 to have been conducted by October 1, 2022.
166 Section 4. Effective upon becoming a law, paragraphs (bb),
167 (cc), and (dd) are added to subsection (2) of section 252.35,
168 Florida Statutes, to read:
169 252.35 Emergency management powers; Division of Emergency
170 Management.—
171 (2) The division is responsible for carrying out the
172 provisions of ss. 252.31-252.90. In performing its duties, the
173 division shall:
174 (bb) Post on its website a model of a local government
175 contract for debris removal to be used by political
176 subdivisions. The initial model contract must be posted to the
177 website no later than June 1, 2023, and, thereafter, the model
178 contract must be annually updated and posted to the website no
179 later than June 1.
180 (cc) Prioritize technical assistance and training to
181 fiscally constrained counties as defined in s. 218.67 on aspects
182 of safety measures, preparedness, prevention, response,
183 recovery, and mitigation relating to natural disasters and
184 emergencies.
185 (dd) Administer a revolving loan program for local
186 government hazard mitigation projects.
187 Section 5. Paragraph (a) of subsection (1) of section
188 252.363, Florida Statutes, is amended to read:
189 252.363 Tolling and extension of permits and other
190 authorizations.—
191 (1)(a) The declaration of a state of emergency issued by
192 the Governor for a natural emergency tolls the period remaining
193 to exercise the rights under a permit or other authorization for
194 the duration of the emergency declaration. Further, the
195 emergency declaration extends the period remaining to exercise
196 the rights under a permit or other authorization for 24 6 months
197 in addition to the tolled period. The extended period to
198 exercise the rights under a permit or other authorization may
199 not exceed 48 months in total in the event of multiple natural
200 emergencies for which the Governor declares a state of
201 emergency. This paragraph applies to the following:
202 1. The expiration of a development order issued by a local
203 government.
204 2. The expiration of a building permit.
205 3. The expiration of a permit issued by the Department of
206 Environmental Protection or a water management district pursuant
207 to part IV of chapter 373.
208 4. Permits issued by the Department of Environmental
209 Protection or a water management district pursuant to part II of
210 chapter 373 for land subject to a development agreement under
211 ss. 163.3220-163.3243 in which the permittee and the developer
212 are the same or a related entity.
213 5. The buildout date of a development of regional impact,
214 including any extension of a buildout date that was previously
215 granted as specified in s. 380.06(7)(c).
216 6. The expiration of a development permit or development
217 agreement authorized by Florida Statutes, including those
218 authorized under the Florida Local Government Development
219 Agreement Act, or issued by a local government or other
220 governmental agency.
221 Section 6. Section 252.391, Florida Statutes, is created to
222 read:
223 252.391 Emergency financial plans.—
224 (1) As used in this section, the term “local governmental
225 entity” means a county, municipality, or district school board.
226 (2) Each local governmental entity is encouraged to develop
227 an emergency financial plan for major natural disasters that may
228 impact its jurisdiction. Disasters include, but are not limited
229 to, hurricanes, tornadoes, floods, and wildfires.
230 (3) Each emergency financial plan should be based on the
231 likely frequency of the disaster’s occurrence. The financial
232 plan should include a calculation of the costs for the natural
233 disaster event and a determination of the financial resources
234 available to the local governmental entity. If insufficient
235 funds are available to address the disaster event, the emergency
236 financial plan should identify strategies to close the gap
237 between the disaster event costs and the local governmental
238 entity’s financial capacity. Such strategies may include rainy
239 day funds, reprioritizing its annual budget, and borrowing.
240 (4) Local governmental entities should annually review
241 their emergency financial plans to address changes in
242 conditions.
243 Section 7. Subsections (3) and (4) are added to section
244 252.40, Florida Statutes, to read:
245 252.40 Mutual aid arrangements.—
246 (3) Local governments may create inspection teams to review
247 and approve expedited permits for temporary housing solutions,
248 repairs, and renovations after a natural disaster. Local
249 governments are encouraged to establish interlocal agreements
250 with other jurisdictions to provide additional inspection
251 services during a state of emergency.
252 (4) Municipalities and counties are encouraged to develop
253 and adopt plans to provide temporary accommodations for
254 contractors, utility workers, first responders, and others
255 dispatched to aid in hurricane recovery efforts. Public areas,
256 including, but not limited to, fairgrounds and parking lots, may
257 be used for tents and trailers for such temporary
258 accommodations.
259 Section 8. Effective upon becoming a law, paragraph (g) of
260 subsection (2) of section 287.055, Florida Statutes, is amended
261 to read:
262 287.055 Acquisition of professional architectural,
263 engineering, landscape architectural, or surveying and mapping
264 services; definitions; procedures; contingent fees prohibited;
265 penalties.—
266 (2) DEFINITIONS.—For purposes of this section:
267 (g) A “continuing contract” is a contract for professional
268 services entered into in accordance with all the procedures of
269 this act between an agency and a firm whereby the firm provides
270 professional services to the agency for projects in which the
271 estimated construction cost of each individual project under the
272 contract does not exceed $4 million, for study activity if the
273 fee for professional services for each individual study under
274 the contract does not exceed $500,000, or for work of a
275 specified nature as outlined in the contract required by the
276 agency, with the contract being for a fixed term or with no time
277 limitation except that the contract must provide a termination
278 clause. Firms providing professional services under continuing
279 contracts shall not be required to bid against one another. The
280 term “continuing contract” includes contracts executed through
281 December 31, 2023, for professional services to the agency for
282 projects related to repairs and remediation to a specific site
283 due to damage caused by Hurricane Ian in which the estimated
284 construction cost for each individual project does not exceed
285 $15 million.
286 Section 9. The amendments made by this act to s.
287 287.055(2)(g), Florida Statutes, expire on July 1, 2026, and the
288 text of that paragraph shall revert to that in existence on the
289 day before the date that this act became a law, except that any
290 amendments to such text enacted other than by this act shall be
291 preserved and continue to operate to the extent that such
292 amendments are not dependent upon the portions of the text which
293 expire pursuant to this section.
294 Section 10. Section 288.066, Florida Statutes, as created
295 by section 1 of chapter 2023-1, Laws of Florida, is amended to
296 read:
297 288.066 Local Government Emergency Revolving Bridge Loan
298 Program.—
299 (1) CREATION.—The Local Government Emergency Revolving
300 Bridge Loan Program is created, subject to appropriation, within
301 the department to provide financial assistance to local
302 governments impacted by federally declared disasters Hurricane
303 Ian or Hurricane Nicole. The purpose of the loan program is to
304 assist these local governments in maintaining government
305 operations by bridging the gap between the time that the
306 declared disaster occurred and the time that additional funding
307 sources or revenues are secured to provide them with financial
308 assistance.
309 (2) ELIGIBILITY.—To be eligible for a loan under the
310 program, a local government must be a county or a municipality
311 located in an area designated in a the Federal Emergency
312 Management Agency disaster declaration declarations for
313 Hurricane Ian or Hurricane Nicole. The local government must
314 show that it may suffer or has suffered substantial loss of its
315 tax or other revenues as a result of the disaster hurricane and
316 demonstrate a need for financial assistance to enable it to
317 continue to perform its governmental operations. Access to and
318 eligibility for the loan program supersedes any local government
319 charter or borrowing limitations that would otherwise
320 financially constrain the local government’s ability to recover
321 from a disaster.
322 (3) LOAN TERMS.—
323 (a) The department may provide interest-free loans to
324 eligible local governments through a promissory note or other
325 form of written agreement evidencing an obligation to repay the
326 borrowed funds to the department.
327 (b) The amount of each loan must be based upon demonstrated
328 need and must be disbursed to the local government in a lump
329 sum.
330 (c) The term of the loan is up to 1 year, unless otherwise
331 extended by the department. However, the department may extend
332 loan terms for up to 6 months based on the local government’s
333 financial condition.
334 (4) APPLICATION.—The department shall prescribe a loan
335 application and any other information determined necessary by
336 the department to review and evaluate the application. The
337 eligible local government must submit a loan application within
338 the 12 months after the date that the federal disaster was
339 declared. Upon receipt of an application, the department shall
340 review the application and may request additional information as
341 necessary to complete the review and evaluation. The department
342 shall determine the amount to be loaned, which may be a lower
343 amount than requested, based on the information provided and the
344 total amount of funds available to be loaned and in relation to
345 demonstrated need from other eligible applicants. The department
346 may deny a loan application. Reasons for a loan application
347 denial may include, but are not limited to, the loan risk, an
348 incomplete application, failure to demonstrate need, or the fact
349 that receiving a loan may negatively affect the local
350 government’s eligibility for other federal programs.
351 (5)(4) USE OF LOAN FUNDS.—A local government may use loan
352 funds only to continue local governmental operations or to
353 expand or modify such operations to meet disaster-related needs.
354 The funds may not be used to finance or supplant funding for
355 capital improvements or to repair or restore damaged public
356 facilities or infrastructure.
357 (6)(5) LOAN REPAYMENT.—
358 (a) The local government may make payments against the loan
359 at any time without penalty. Early repayment is encouraged as
360 other funding sources or revenues become available to the local
361 government.
362 (b) Loans become due and payable in accordance with the
363 terms of the agreement.
364 (7)(6) ADMINISTRATION.—
365 (a) Upon the issuance of a federal disaster declaration,
366 the department shall provide notice of application requirements
367 and the total amount of funds available and make loan
368 information available to eligible local governments. Based upon
369 the amount of funds in the Economic Development Trust Fund
370 available to be loaned and anticipated balances, the department
371 may make funds available in an amount reasonably related to the
372 anticipated need, based upon the impacts of the federal
373 disaster, up to the total amount available The department may
374 approve loans in the 2022-2023 fiscal year or the 2023-2024
375 fiscal year up to the total amount appropriated.
376 (b) The department must coordinate with the Division of
377 Emergency Management or other applicable state agencies to
378 assess whether such loans would affect reimbursement under
379 federal programs for disaster-related expenses.
380 (c) All repayments of principal and interest shall be
381 returned to the loan fund and made available as provided in this
382 section. Notwithstanding s. 216.301, funds appropriated for this
383 program are not subject to reversion Upon receipt of any loan
384 payment from a local government, the department shall transfer
385 the funds to the General Revenue Fund.
386 (8)(7) RULES.—The department may adopt rules to implement
387 this section.
388 (9)(8) EXPIRATION.—This section expires July 1, 2038 June
389 30, 2027. A loan may not be awarded after June 30, 2038. Upon
390 expiration, all unencumbered funds and loan repayments made on
391 or after July 1, 2038, shall be transferred revert to the
392 General Revenue Fund.
393 Section 11. Effective upon becoming a law, subsection (5)
394 is added to section 489.117, Florida Statutes, to read:
395 489.117 Registration; specialty contractors.—
396 (5) Notwithstanding paragraph (1)(b), a registered
397 contractor may engage in contracting only for work covered by
398 the registration within an area for which a state of emergency
399 is declared pursuant to s. 252.36 for a natural emergency. This
400 authorization terminates 24 months after the expiration of the
401 declared state of emergency. The local jurisdiction that
402 licenses the registered contractor may discipline the registered
403 contractor for violations occurring outside the licensing
404 jurisdiction which occur during the period such work is
405 authorized under this subsection.
406 Section 12. Section 553.7922, Florida Statutes, is created
407 to read:
408 553.7922 Local government-expedited approval of certain
409 permits.—Following a state of emergency declared pursuant to
410 252.36 for a natural emergency, local governments impacted by
411 the emergency shall approve special processing procedures to
412 expedite permit issuance for permits that do not require
413 technical review, including, but not limited to, roof repairs,
414 reroofing, electrical repairs, service changes, or the
415 replacement of one window or one door. Local governments may
416 waive application and inspection fees for permits expedited
417 under this section.
418 Section 13. Effective upon becoming a law, present
419 subsections (8) and (9) of section 553.80, Florida Statutes, are
420 redesignated as subsections (9) and (10), respectively, and a
421 new subsection (8) is added to that section, to read:
422 553.80 Enforcement.—
423 (8) Effective January 1, 2023, local governments located in
424 areas designated in the Federal Emergency Management Agency
425 disaster declarations for Hurricane Ian or Hurricane Nicole may
426 not raise building inspection fees, as authorized by s.
427 125.56(2) or s. 166.222 and this section, before October 1,
428 2024. This subsection expires June 30, 2025.
429 Section 14. (1) A county or municipality located in an area
430 designated in a Federal Emergency Management Agency disaster
431 declaration for Hurricane Ian or Hurricane Nicole shall not
432 propose or adopt more restrictive or burdensome procedures to
433 its comprehensive plan or land development regulations,
434 concerning review, approval, or issuance of a site plan,
435 development permit or development order, to the extent those
436 terms are defined by s. 163.3164, Florida Statutes, before
437 October 1, 2024. This subsection applies retroactively to
438 September 29, 2022.
439 (2) Any comprehensive plan amendment, land development
440 regulation, site plan, development permit, or development order
441 approved by a county or municipality under procedures adopted
442 before the effective date of this act may be enforced.
443 (3) This section shall take effect upon becoming a law and
444 expires June 30, 2025.
445 Section 15. Section 627.4108, Florida Statutes, is created
446 to read:
447 627.4108 Submission of claims handling manuals;
448 attestation.—
449 (1) This section is intended to ensure that property
450 insurers are able to properly handle insurance claims during
451 natural disasters, catastrophes, and other emergencies.
452 (2) Each authorized property insurer and eligible surplus
453 lines property insurer conducting business in this state must
454 submit any and all claims handling manuals to the office:
455 (a) On or before August 1, 2023;
456 (b) Annually thereafter, on or before May 1 of each
457 calendar year; and
458 (c) Within 30 days of any updates or amendments to such
459 manual.
460 (3) The insurer must include with each such submission an
461 attestation on a form prescribed by the office stating that:
462 (a) The insurer’s claims handling manual complies with the
463 requirements of this code and comports to usual and customary
464 industry claims handling practices; and
465 (b) The insurer maintains adequate resources available to
466 implement the requirements of its claims handling manual at all
467 times, including during extreme catastrophic events.
468 (4) The office may, as often as it deems necessary, conduct
469 market conduct examinations under s. 624.3161 of insurers to
470 ensure compliance with this section.
471 Section 16. Paragraph (d) is added to subsection (2) of
472 section 823.11, Florida Statutes, to read:
473 823.11 Derelict vessels; relocation or removal; penalty.—
474 (2)
475 (d) Notwithstanding the additional 45 days provided in sub
476 subparagraph (b)2.b. during which an owner or a responsible
477 party may not be charged for a violation of this section, the
478 commission, an officer of the commission, a law enforcement
479 agency or officer specified in s. 327.70, or, during a state of
480 emergency declared by the Governor, the Division of Emergency
481 Management or its designee, may immediately begin the process
482 set forth in s. 705.103(2)(a) and, once that process has been
483 completed and the 45 days provided herein have passed, any
484 vessel that has not been removed or repaired such that it is no
485 longer derelict upon the waters of this state may be removed and
486 destroyed as provided therein.
487 Section 17. For the 2023-2024 fiscal year, the sums of $1
488 million in nonrecurring funds from the General Revenue Fund and
489 $10 million in nonrecurring funds from the Federal Grants Trust
490 Fund are appropriated to the Division of Emergency Management to
491 fund the Safeguarding Tomorrow Through Ongoing Risk Mitigation
492 Act Revolving Loan Program. These funds shall be placed in
493 reserve. The division is authorized to submit a budget amendment
494 for release of the funds held in reserve for approval by the
495 Legislative Budget Commission pursuant to chapter 216, Florida
496 Statutes. Release is contingent upon documentation of an award
497 or other approval by the Federal Emergency Management Agency and
498 the division’s approved intended use plan for the funds.
499 Section 18. The sum of $971,331 in recurring funds and
500 $37,456 in nonrecurring funds from the Insurance Regulatory
501 Trust Fund and eight positions with associated salary rate of
502 625,000 is appropriated to the Office of Insurance Regulation
503 related to hurricane related market conduct activity.
504 Section 19. (1) For the 2023-2024 fiscal year, the sum of
505 $50 million in nonrecurring funds is appropriated from the
506 General Revenue Fund to the Economic Development Trust Fund of
507 the Department of Economic Opportunity to fund the Local
508 Government Emergency Revolving Bridge Loan Program.
509 (2) Funds appropriated in section 3 of chapter 2023-1, Laws
510 of Florida, for the Local Government Emergency Bridge Loan
511 Program which have not been loaned to a local government
512 pursuant to a loan agreement as of July 1, 2023, shall be
513 transferred by nonoperating budget authority to the Economic
514 Development Trust Fund of the Department of Economic Opportunity
515 to be used for the Local Government Emergency Revolving Bridge
516 Loan Program.
517 (3) Notwithstanding sections 1 and 3 of chapter 2023-1,
518 Laws of Florida, all loan repayments for loans made under the
519 Local Government Emergency Bridge Loan Program shall be repaid
520 into the Economic Development Trust Fund and be made available
521 for loans under the Local Government Emergency Revolving Bridge
522 Loan Program.
523 Section 20. Except as otherwise expressly provided in this
524 act and except for this section, which shall take effect upon
525 becoming a law, this act shall take effect July 1, 2023.