ENROLLED 2023 Legislature SB 2-B 20232Ber 1 2 An act relating to emergency response; creating s. 3 288.066, F.S.; creating the Local Government Emergency 4 Bridge Loan Program within the Department of Economic 5 Opportunity, subject to appropriation; providing the 6 program’s purpose; specifying program eligibility 7 requirements; authorizing the department to provide 8 interest-free loans to eligible local governments 9 through specified means; requiring the loan amount to 10 be based on demonstrated need of the local government 11 and disbursed in a lump sum; providing for the terms 12 of the loan; authorizing the department to extend the 13 term of the loan; specifying authorized and prohibited 14 uses of any loan funds provided under the program; 15 authorizing local governments to make loan payments at 16 any time; requiring repayment in accordance with the 17 terms of the loan; authorizing the department to 18 approve loans through the end of the 2023-2024 fiscal 19 year, subject to the availability of funds; requiring 20 the department to coordinate with the Division of 21 Emergency Management to determine if the loan program 22 conflicts with applicable federal programs; requiring 23 the department to transfer any loan payments, upon 24 receipt, to the General Revenue Fund; authorizing the 25 department to adopt rules; providing for expiration of 26 the program; authorizing the department to adopt 27 emergency rules; providing appropriations; providing 28 an effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. Section 288.066, Florida Statutes, is created to 33 read: 34 288.066 Local Government Emergency Bridge Loan Program.— 35 (1) CREATION.—The Local Government Emergency Bridge Loan 36 Program is created, subject to appropriation, within the 37 department to provide financial assistance to local governments 38 impacted by Hurricane Ian or Hurricane Nicole. The purpose of 39 the loan program is to assist these local governments in 40 maintaining operations by bridging the gap between the time that 41 the declared disaster occurred and the time that additional 42 funding sources or revenues are secured to provide them with 43 financial assistance. 44 (2) ELIGIBILITY.—To be eligible for a loan under the 45 program, a local government must be a county or a municipality 46 located in an area designated in the Federal Emergency 47 Management Agency disaster declarations for Hurricane Ian or 48 Hurricane Nicole. The local government must show that it may 49 suffer or has suffered substantial loss of its tax or other 50 revenues as a result of the hurricane and demonstrate a need for 51 financial assistance to enable it to continue to perform its 52 governmental operations. 53 (3) LOAN TERMS.— 54 (a) The department may provide interest-free loans to 55 eligible local governments through a promissory note or other 56 form of written agreement evidencing an obligation to repay the 57 borrowed funds. 58 (b) The amount of each loan must be based upon demonstrated 59 need and must be disbursed to the local government in a lump 60 sum. 61 (c) The term of the loan is one year, unless otherwise 62 extended by the department. The department may extend loan terms 63 for up to 6 months based on the local government’s financial 64 condition. 65 (4) USE OF LOAN FUNDS.—A local government may use loan 66 funds only to continue local governmental operations or to 67 expand or modify such operations to meet disaster-related needs. 68 The funds may not be used to finance or supplant funding for 69 capital improvements or to repair or restore damaged public 70 facilities or infrastructure. 71 (5) LOAN REPAYMENT.— 72 (a) The local government may make payments against the loan 73 at any time without penalty. Early repayment is encouraged as 74 other funding sources or revenues become available. 75 (b) Loans become due and payable in accordance with the 76 terms of the agreement. 77 (6) ADMINISTRATION.— 78 (a) The department may approve loans in the 2022-2023 79 fiscal year or the 2023-2024 fiscal year up to the total amount 80 appropriated. 81 (b) The department must coordinate with the Division of 82 Emergency Management to assess whether such loans would affect 83 reimbursement under federal programs for disaster-related 84 expenses. 85 (c) Upon receipt of any loan payment from a local 86 government, the department shall transfer the funds to the 87 General Revenue Fund. 88 (7) RULES.—The department may adopt rules to implement this 89 section. 90 (8) EXPIRATION.—This section expires June 30, 2027. Upon 91 expiration, all unencumbered funds and loan repayments revert to 92 the General Revenue Fund. 93 Section 2. The Department of Economic Opportunity may, and 94 all conditions are deemed to be met to, adopt emergency rules 95 pursuant to s. 120.54(4), Florida Statutes, to administer s. 96 288.066, Florida Statutes, as created by this act. 97 Notwithstanding any other law, emergency rules adopted pursuant 98 to this section are effective for 6 months after adoption and 99 may be renewed during the pendency of procedures to adopt 100 permanent rules addressing the subject of the emergency rules. 101 Section 3. For the 2022-2023 fiscal year, the sum of $50 102 million in nonrecurring funds is appropriated from the General 103 Revenue Fund to the Department of Economic Opportunity to fund 104 the Local Government Emergency Bridge Loan Program established 105 by this act. Any unexpended balance of these funds as of June 106 30, 2023, must revert and is appropriated for the 2023-2024 107 fiscal year to the Department of Economic Opportunity for the 108 same purpose. 109 Section 4. The Chief Financial Officer shall immediately 110 transfer the nonrecurring sum of $650 million from the General 111 Revenue Fund to the Emergency Preparedness and Response Fund in 112 the Executive Office of the Governor to be used for preparing 113 for and responding to a declared state of emergency. 114 Section 5. This act shall take effect upon becoming a law.