CS for CS for SB 250                             First Engrossed
       
       
       
       
       
       
       
       
       2023250e1
       
    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 within a certain area from
   73         adopting or amending certain amendments or procedures
   74         for a specified period; declaring that such amendments
   75         or procedures are null and void; providing for
   76         retroactive application; providing that certain
   77         comprehensive plan amendments, land development
   78         regulations, site plans, and development permits or
   79         orders may be enforced; providing for expiration;
   80         amending s. 823.11, F.S.; authorizing certain persons
   81         to engage in a process relating to the removal and
   82         destruction of derelict vessels; providing
   83         appropriations; providing for the transfer of certain
   84         appropriated funds to the Economic Development Trust
   85         Fund of the Department of Economic Opportunity;
   86         requiring that loan repayments be repaid to the
   87         Economic Development Trust Fund; providing effective
   88         dates.
   89          
   90  Be It Enacted by the Legislature of the State of Florida:
   91  
   92         Section 1. Section 125.023, Florida Statutes, is created to
   93  read:
   94         125.023 Temporary shelter prohibition.—
   95         (1)For the purposes of this section, the term “temporary
   96  shelter” includes, but is not limited to, a recreational
   97  vehicle, trailer, or similar structure placed on a residential
   98  property.
   99         (2)Notwithstanding any other law, ordinance, or regulation
  100  to the contrary, following the declaration of a state of
  101  emergency issued by the Governor for a natural emergency as
  102  defined in s. 252.34(8) during which a permanent residential
  103  structure was damaged and rendered uninhabitable, a county may
  104  not prohibit the placement of one temporary shelter on the
  105  residential property for up to 36 months after the date of the
  106  declaration or until a certificate of occupancy is issued on the
  107  permanent residential structure on the property, whichever
  108  occurs first, if all of the following circumstances apply:
  109         (a)The resident makes a good faith effort to rebuild or
  110  renovate the damaged permanent residential structure, including,
  111  but not limited to, applying for a building permit, submitting a
  112  plan or design to the county, or obtaining a construction loan.
  113         (b)The temporary shelter is connected to water and
  114  electric utilities and does not present a threat to health and
  115  human safety.
  116         (c)The resident lives in the temporary structure.
  117         Section 2. Section 166.0335, Florida Statutes, is created
  118  to read:
  119         166.0335Temporary shelter prohibition.—
  120         (1)For the purposes of this section, the term “temporary
  121  shelter” includes, but is not limited to, a recreational
  122  vehicle, trailer, or similar structure placed on a residential
  123  property.
  124         (2)Notwithstanding any other law, ordinance, or regulation
  125  to the contrary, following the declaration of a state of
  126  emergency issued by the Governor for a natural emergency as
  127  defined in s. 252.34(8) during which a permanent residential
  128  structure was damaged and rendered uninhabitable, a municipality
  129  may not prohibit the placement of one temporary shelter on the
  130  residential property for up to 36 months after the date of the
  131  declaration or until a certificate of occupancy is issued on the
  132  permanent residential structure on the property, whichever
  133  occurs first, if all of the following circumstances apply:
  134         (a)The resident makes a good faith effort to rebuild or
  135  renovate the damaged permanent residential structure, including,
  136  but not limited to, applying for a building permit, submitting a
  137  plan or design to the municipality, or obtaining a construction
  138  loan.
  139         (b)The temporary shelter is connected to water and
  140  electric utilities and does not present a threat to health and
  141  human safety.
  142         (c)The resident lives in the temporary structure.
  143         Section 3. Subsection (4) is added to section 189.0695,
  144  Florida Statutes, to read:
  145         189.0695 Independent special districts; performance
  146  reviews.—
  147         (4)Notwithstanding the timeframe specified in paragraph
  148  (2)(c), an independent special fire control district may file
  149  its final report of the performance review no later than 15
  150  months from the beginning of the district’s fiscal year if the
  151  special district is within an area for which a state of
  152  emergency for a natural disaster was declared pursuant to s.
  153  252.36 or no later than 24 months from the beginning of the
  154  district’s fiscal year if the special district is within an area
  155  for which a state of emergency was declared pursuant to s.
  156  252.36 for a hurricane rated category 3 or higher. This
  157  subsection applies retroactively to the final reports required
  158  to have been conducted by October 1, 2022.
  159         Section 4. Effective upon becoming a law, paragraphs (bb),
  160  (cc), and (dd) are added to subsection (2) of section 252.35,
  161  Florida Statutes, to read:
  162         252.35 Emergency management powers; Division of Emergency
  163  Management.—
  164         (2) The division is responsible for carrying out the
  165  provisions of ss. 252.31-252.90. In performing its duties, the
  166  division shall:
  167         (bb) Post on its website a model of a local government
  168  contract for debris removal to be used by political
  169  subdivisions. The initial model contract must be posted to the
  170  website no later than June 1, 2023, and, thereafter, the model
  171  contract must be annually updated and posted to the website no
  172  later than June 1.
  173         (cc) Prioritize technical assistance and training to
  174  fiscally constrained counties as defined in s. 218.67 on aspects
  175  of safety measures, preparedness, prevention, response,
  176  recovery, and mitigation relating to natural disasters and
  177  emergencies.
  178         (dd) Administer a revolving loan program for local
  179  government hazard mitigation projects.
  180         Section 5. Paragraph (a) of subsection (1) of section
  181  252.363, Florida Statutes, is amended to read:
  182         252.363 Tolling and extension of permits and other
  183  authorizations.—
  184         (1)(a) The declaration of a state of emergency issued by
  185  the Governor for a natural emergency tolls the period remaining
  186  to exercise the rights under a permit or other authorization for
  187  the duration of the emergency declaration. Further, the
  188  emergency declaration extends the period remaining to exercise
  189  the rights under a permit or other authorization for 24 6 months
  190  in addition to the tolled period. The extended period to
  191  exercise the rights under a permit or other authorization may
  192  not exceed 48 months in total in the event of multiple natural
  193  emergencies for which the Governor declares a state of
  194  emergency. This paragraph applies to the following:
  195         1. The expiration of a development order issued by a local
  196  government.
  197         2. The expiration of a building permit.
  198         3. The expiration of a permit issued by the Department of
  199  Environmental Protection or a water management district pursuant
  200  to part IV of chapter 373.
  201         4. Permits issued by the Department of Environmental
  202  Protection or a water management district pursuant to part II of
  203  chapter 373 for land subject to a development agreement under
  204  ss. 163.3220-163.3243 in which the permittee and the developer
  205  are the same or a related entity.
  206         5. The buildout date of a development of regional impact,
  207  including any extension of a buildout date that was previously
  208  granted as specified in s. 380.06(7)(c).
  209         6. The expiration of a development permit or development
  210  agreement authorized by Florida Statutes, including those
  211  authorized under the Florida Local Government Development
  212  Agreement Act, or issued by a local government or other
  213  governmental agency.
  214         Section 6. Section 252.391, Florida Statutes, is created to
  215  read:
  216         252.391 Emergency financial plans.—
  217         (1) As used in this section, the term “local governmental
  218  entity” means a county, municipality, or district school board.
  219         (2) Each local governmental entity is encouraged to develop
  220  an emergency financial plan for major natural disasters that may
  221  impact its jurisdiction. Disasters include, but are not limited
  222  to, hurricanes, tornadoes, floods, and wildfires.
  223         (3) Each emergency financial plan should be based on the
  224  likely frequency of the disaster’s occurrence. The financial
  225  plan should include a calculation of the costs for the natural
  226  disaster event and a determination of the financial resources
  227  available to the local governmental entity. If insufficient
  228  funds are available to address the disaster event, the emergency
  229  financial plan should identify strategies to close the gap
  230  between the disaster event costs and the local governmental
  231  entity’s financial capacity. Such strategies may include rainy
  232  day funds, reprioritizing its annual budget, and borrowing.
  233         (4) Local governmental entities should annually review
  234  their emergency financial plans to address changes in
  235  conditions.
  236         Section 7. Subsections (3) and (4) are added to section
  237  252.40, Florida Statutes, to read:
  238         252.40 Mutual aid arrangements.—
  239         (3) Local governments may create inspection teams to review
  240  and approve expedited permits for temporary housing solutions,
  241  repairs, and renovations after a natural disaster. Local
  242  governments are encouraged to establish interlocal agreements
  243  with other jurisdictions to provide additional inspection
  244  services during a state of emergency.
  245         (4) Municipalities and counties are encouraged to develop
  246  and adopt plans to provide temporary accommodations for
  247  contractors, utility workers, first responders, and others
  248  dispatched to aid in hurricane recovery efforts. Public areas,
  249  including, but not limited to, fairgrounds and parking lots, may
  250  be used for tents and trailers for such temporary
  251  accommodations.
  252         Section 8. Effective upon becoming a law, paragraph (g) of
  253  subsection (2) of section 287.055, Florida Statutes, is amended
  254  to read:
  255         287.055 Acquisition of professional architectural,
  256  engineering, landscape architectural, or surveying and mapping
  257  services; definitions; procedures; contingent fees prohibited;
  258  penalties.—
  259         (2) DEFINITIONS.—For purposes of this section:
  260         (g) A “continuing contract” is a contract for professional
  261  services entered into in accordance with all the procedures of
  262  this act between an agency and a firm whereby the firm provides
  263  professional services to the agency for projects in which the
  264  estimated construction cost of each individual project under the
  265  contract does not exceed $4 million, for study activity if the
  266  fee for professional services for each individual study under
  267  the contract does not exceed $500,000, or for work of a
  268  specified nature as outlined in the contract required by the
  269  agency, with the contract being for a fixed term or with no time
  270  limitation except that the contract must provide a termination
  271  clause. Firms providing professional services under continuing
  272  contracts shall not be required to bid against one another. The
  273  term “continuing contract” includes contracts executed through
  274  December 31, 2023, for professional services to the agency for
  275  projects related to repairs and remediation to a specific site
  276  due to damage caused by Hurricane Ian in which the estimated
  277  construction cost for each individual project does not exceed
  278  $15 million.
  279         Section 9. The amendments made by this act to s.
  280  287.055(2)(g), Florida Statutes, expire on July 1, 2026, and the
  281  text of that paragraph shall revert to that in existence on the
  282  day before the date that this act became a law, except that any
  283  amendments to such text enacted other than by this act shall be
  284  preserved and continue to operate to the extent that such
  285  amendments are not dependent upon the portions of the text which
  286  expire pursuant to this section.
  287         Section 10. Section 288.066, Florida Statutes, as created
  288  by section 1 of chapter 2023-1, Laws of Florida, is amended to
  289  read:
  290         288.066 Local Government Emergency Revolving Bridge Loan
  291  Program.—
  292         (1) CREATION.—The Local Government Emergency Revolving
  293  Bridge Loan Program is created, subject to appropriation, within
  294  the department to provide financial assistance to local
  295  governments impacted by federally declared disasters Hurricane
  296  Ian or Hurricane Nicole. The purpose of the loan program is to
  297  assist these local governments in maintaining government
  298  operations by bridging the gap between the time that the
  299  declared disaster occurred and the time that additional funding
  300  sources or revenues are secured to provide them with financial
  301  assistance.
  302         (2) ELIGIBILITY.—To be eligible for a loan under the
  303  program, a local government must be a county or a municipality
  304  located in an area designated in a the Federal Emergency
  305  Management Agency disaster declaration declarations for
  306  Hurricane Ian or Hurricane Nicole. The local government must
  307  show that it may suffer or has suffered substantial loss of its
  308  tax or other revenues as a result of the disaster hurricane and
  309  demonstrate a need for financial assistance to enable it to
  310  continue to perform its governmental operations. Access to and
  311  eligibility for the loan program supersedes any local government
  312  charter or borrowing limitations that would otherwise
  313  financially constrain the local government’s ability to recover
  314  from a disaster.
  315         (3) LOAN TERMS.—
  316         (a) The department may provide interest-free loans to
  317  eligible local governments through a promissory note or other
  318  form of written agreement evidencing an obligation to repay the
  319  borrowed funds to the department.
  320         (b) The amount of each loan must be based upon demonstrated
  321  need and must be disbursed to the local government in a lump
  322  sum.
  323         (c) The term of the loan is up to 24 months 1 year, unless
  324  otherwise extended by the department. However, the department
  325  may extend loan terms for up to 6 months based on the local
  326  government’s financial condition.
  327         (4) APPLICATION.—The department shall prescribe a loan
  328  application and may request any other information determined
  329  necessary by the department to review and evaluate the
  330  application. The eligible local government must submit a loan
  331  application within the 12 months after the date that the federal
  332  disaster was declared. Upon receipt of an application, the
  333  department shall review the application and may request
  334  additional information as necessary to complete the review and
  335  evaluation. If the loan application is approved, the department
  336  shall determine the amount to be loaned, which may be a lower
  337  amount than requested, based on the information provided and the
  338  total amount of funds available to be loaned and in relation to
  339  demonstrated need from other eligible applicants. If the loan
  340  application is denied, reasons for the denial may include, but
  341  are not limited to, the loan risk, an incomplete application,
  342  failure to demonstrate need, or the fact that receiving a loan
  343  may negatively affect the local government’s eligibility for
  344  other federal programs.
  345         (5)(4) USE OF LOAN FUNDS.—A local government may use loan
  346  funds only to continue local governmental operations or to
  347  expand or modify such operations to meet disaster-related needs.
  348  The funds may not be used to finance or supplant funding for
  349  capital improvements or to repair or restore damaged public
  350  facilities or infrastructure.
  351         (6)(5) LOAN REPAYMENT.—
  352         (a) The local government may make payments against the loan
  353  at any time without penalty. Early repayment is encouraged as
  354  other funding sources or revenues become available to the local
  355  government.
  356         (b) Loans become due and payable in accordance with the
  357  terms of the agreement.
  358         (7)(6) ADMINISTRATION.—
  359         (a) Upon the issuance of a federal disaster declaration,
  360  the department shall provide notice of application requirements
  361  and the total amount of funds available and shall make loan
  362  information available to eligible local governments. Based upon
  363  the amount of funds in the Economic Development Trust Fund
  364  available to be loaned and anticipated balances, the department
  365  may make funds available in an amount reasonably related to the
  366  anticipated need, based upon the impacts of the federal
  367  disaster, up to the total amount available The department may
  368  approve loans in the 2022-2023 fiscal year or the 2023-2024
  369  fiscal year up to the total amount appropriated.
  370         (b) The department must coordinate with the Division of
  371  Emergency Management or other applicable state agencies to
  372  assess whether such loans would affect reimbursement under
  373  federal programs for disaster-related expenses.
  374         (c) All repayments of principal and interest must be
  375  returned to the loan fund and made available as provided in this
  376  section. Notwithstanding s. 216.301, funds appropriated for this
  377  program are not subject to reversion Upon receipt of any loan
  378  payment from a local government, the department shall transfer
  379  the funds to the General Revenue Fund.
  380         (8)(7) RULES.—The department may adopt rules to implement
  381  this section.
  382         (9)(8) EXPIRATION.—This section expires July 1, 2038 June
  383  30, 2027. A loan may not be awarded after June 30, 2038. Upon
  384  expiration, all unencumbered funds and loan repayments made on
  385  or after July 1, 2038, must be transferred revert to the General
  386  Revenue Fund.
  387         Section 11. Effective upon becoming a law, subsection (5)
  388  is added to section 489.117, Florida Statutes, to read:
  389         489.117 Registration; specialty contractors.—
  390         (5) Notwithstanding paragraph (1)(b), a registered
  391  contractor may engage in contracting only for work covered by
  392  the registration within an area for which a state of emergency
  393  is declared pursuant to s. 252.36 for a natural emergency. This
  394  authorization terminates 24 months after the expiration of the
  395  declared state of emergency. The local jurisdiction that
  396  licenses the registered contractor may discipline the registered
  397  contractor for violations occurring outside the licensing
  398  jurisdiction which occur during the period such work is
  399  authorized under this subsection.
  400         Section 12. Section 553.7922, Florida Statutes, is created
  401  to read:
  402         553.7922 Local government-expedited approval of certain
  403  permits.—Following a state of emergency declared pursuant to s.
  404  252.36 for a natural emergency, local governments impacted by
  405  the emergency shall approve special processing procedures to
  406  expedite permit issuance for permits that do not require
  407  technical review, including, but not limited to, roof repairs,
  408  reroofing, electrical repairs, service changes, or the
  409  replacement of one window or one door. Local governments may
  410  waive application and inspection fees for permits expedited
  411  under this section.
  412         Section 13. Effective upon becoming a law, present
  413  subsections (8) and (9) of section 553.80, Florida Statutes, are
  414  redesignated as subsections (9) and (10), respectively, and a
  415  new subsection (8) is added to that section, to read:
  416         553.80 Enforcement.—
  417         (8) Effective January 1, 2023, local governments located in
  418  areas designated in the Federal Emergency Management Agency
  419  disaster declarations for Hurricane Ian or Hurricane Nicole may
  420  not raise building inspection fees, as authorized by s.
  421  125.56(2) or s. 166.222 and this section, before October 1,
  422  2024. This subsection expires June 30, 2025.
  423         Section 14. (1) A county or municipality located entirely
  424  or partially within 100 miles of where either Hurricane Ian or
  425  Hurricane Nicole made landfall shall not propose or adopt more
  426  restrictive or burdensome amendments to its comprehensive plan
  427  or land development regulations, nor propose or adopt more
  428  restrictive or burdensome procedures concerning review,
  429  approval, or issuance of a site plan, development permit, or
  430  development order, to the extent that those terms are defined by
  431  s. 163.3164, Florida Statutes, before October 1, 2024, and any
  432  such restrictive or burdensome comprehensive plan amendment,
  433  land development regulation, or procedure shall be null and void
  434  ab initio. This subsection applies retroactively to September
  435  29, 2022.
  436         (2) Notwithstanding subsection (1), any comprehensive plan
  437  amendment, land development regulation amendment, site plan,
  438  development permit, or development order approved or adopted by
  439  a county or municipality before or after the effective date of
  440  this section may be enforced if:
  441         (a) The associated application is initiated by a private
  442  party other than the county or municipality; and
  443         (b) The property that is the subject of the application is
  444  owned by the initiating private party.
  445         (3) This section shall take effect upon becoming a law and
  446  expires June 30, 2025.
  447         Section 15. Paragraph (d) is added to subsection (2) of
  448  section 823.11, Florida Statutes, to read:
  449         823.11 Derelict vessels; relocation or removal; penalty.—
  450         (2)
  451         (d)Notwithstanding the additional 45 days provided in sub
  452  subparagraph (b)2.b. during which an owner or a responsible
  453  party may not be charged for a violation of this section, the
  454  commission, an officer of the commission, a law enforcement
  455  agency or officer specified in s. 327.70, or, during a state of
  456  emergency declared by the Governor, the Division of Emergency
  457  Management or its designee, may immediately begin the process
  458  set forth in s. 705.103(2)(a) and, once that process has been
  459  completed and the 45 days provided herein have passed, any
  460  vessel that has not been removed or repaired such that it is no
  461  longer derelict upon the waters of this state may be removed and
  462  destroyed as provided therein.
  463         Section 16. For the 2023-2024 fiscal year, the sums of $1
  464  million in nonrecurring funds from the General Revenue Fund and
  465  $10 million in nonrecurring funds from the Federal Grants Trust
  466  Fund are appropriated to the Division of Emergency Management to
  467  fund the Safeguarding Tomorrow Through Ongoing Risk Mitigation
  468  Act Revolving Loan Program. These funds shall be placed in
  469  reserve. The division is authorized to submit a budget amendment
  470  for release of the funds held in reserve for approval by the
  471  Legislative Budget Commission pursuant to chapter 216, Florida
  472  Statutes. Release is contingent upon documentation of an award
  473  or other approval by the Federal Emergency Management Agency and
  474  the division’s approved intended use plan for the funds.
  475         Section 17. The sum of $971,331 in recurring funds and
  476  $37,456 in nonrecurring funds from the Insurance Regulatory
  477  Trust Fund and eight positions with associated salary rate of
  478  625,000 is appropriated to the Office of Insurance Regulation
  479  related to hurricane related market conduct activity.
  480         Section 18. (1)For the 2023-2024 fiscal year, the sum of
  481  $50 million in nonrecurring funds is appropriated from the
  482  General Revenue Fund to the Economic Development Trust Fund of
  483  the Department of Economic Opportunity to fund the Local
  484  Government Emergency Revolving Bridge Loan Program.
  485         (2)Funds appropriated in section 3 of chapter 2023-1, Laws
  486  of Florida, for the Local Government Emergency Bridge Loan
  487  Program which have not been loaned to a local government
  488  pursuant to a loan agreement as of July 1, 2023, shall be
  489  transferred by nonoperating budget authority to the Economic
  490  Development Trust Fund of the Department of Economic Opportunity
  491  to be used for the Local Government Emergency Revolving Bridge
  492  Loan Program.
  493         (3)Notwithstanding sections 1 and 3 of chapter 2023-1,
  494  Laws of Florida, all loan repayments for loans made under the
  495  Local Government Emergency Bridge Loan Program shall be repaid
  496  into the Economic Development Trust Fund and be made available
  497  for loans under the Local Government Emergency Revolving Bridge
  498  Loan Program.
  499         Section 19. Except as otherwise expressly provided in this
  500  act and except for this section, which shall take effect upon
  501  becoming a law, this act shall take effect July 1, 2023.