Florida Senate - 2023 SB 2-C
By Senator Simon
3-00002D-23C 20232C__
1 A bill to be entitled
2 An act relating to disaster relief; creating s.
3 193.4518, F.S.; defining terms; providing a tangible
4 personal property assessment limitation, during a
5 certain timeframe and in certain counties, for certain
6 agricultural equipment rendered unable to be used due
7 to Hurricane Idalia; specifying conditions for
8 applying for and receiving the assessment limitation;
9 providing procedures for petitioning the value
10 adjustment board if an application is denied;
11 providing applicability; providing a sales tax
12 exemption for the purchase, within a certain timeframe
13 and in certain counties, of certain fencing materials
14 used to replace or repair fences damaged by Hurricane
15 Idalia on agricultural lands; specifying that the
16 exemption is available only through a refund by the
17 Department of Revenue of previously paid taxes;
18 specifying requirements for applying for the refund;
19 providing criminal penalties for furnishing a false
20 affidavit; providing construction and retroactive
21 applicability; authorizing the department to adopt
22 emergency rules; providing a sales tax exemption for
23 the purchase, within a certain timeframe and in
24 certain counties, of building materials used to
25 replace or repair nonresidential farm buildings
26 damaged by Hurricane Idalia; specifying that the
27 exemption is available only through a refund by the
28 department of previously paid taxes; defining the
29 terms “building materials” and “nonresidential farm
30 building”; specifying requirements for applying for
31 the refund; providing criminal penalties for
32 furnishing a false affidavit; providing construction
33 and retroactive applicability; authorizing the
34 department to adopt emergency rules; providing an
35 exemption from certain fuel taxes for fuel purchased,
36 within a certain timeframe, for use for agricultural
37 shipment or hurricane debris removal after Hurricane
38 Idalia; specifying that the exemption is available
39 only through a refund by the department; defining
40 terms; specifying requirements for applying for the
41 refund; providing criminal penalties for furnishing a
42 false affidavit; providing applicability and
43 construction; providing for retroactive operation;
44 authorizing the department to adopt emergency rules;
45 amending s. 215.5586, F.S.; revising legislative
46 intent; specifying a requirement for the Department of
47 Financial Services in implementing the My Safe Florida
48 Home Program; authorizing the department to accept
49 applications for the program up to the amount of
50 available funds; providing an appropriation for
51 certain applications for the program; prohibiting the
52 department from continuing to accept certain
53 applications or creating a waiting list in
54 anticipation of additional funding in the absence of
55 express authority from the Legislature to do so;
56 providing an appropriation for administration of the
57 My Safe program; amending s. 252.37, F.S.; providing
58 legislative intent; requiring the Division of
59 Emergency Management and local governments to enter
60 into certain agreements to receive specified funds;
61 providing requirements for such agreements; providing
62 for availability of funds; requiring the division to
63 report progress on a certain timetable to specified
64 parties; providing for expiration; providing an
65 appropriation for the Public Assistance Program;
66 providing requirements for appropriated funds;
67 authorizing the undisbursed appropriation to carry
68 forward to a certain date; amending s. 252.71, F.S.;
69 extending the date for future review and repeal of
70 provisions related to the Florida Emergency Management
71 Assistance Foundation; amending s. 288.066, F.S.;
72 revising the maximum length of a loan term under the
73 Local Government Emergency Revolving Bridge Loan
74 Program; authorizing the Department of Commerce to
75 amend certain previously executed loan agreements
76 under certain circumstances; providing an
77 appropriation for the Hurricane Housing Recovery
78 Program; requiring such appropriations to be used for
79 specified purposes; requiring the Florida Housing
80 Finance Corporation to coordinate with the division
81 and the Department of Commerce for a specified
82 purpose; providing an appropriation for hurricane
83 repair and recovery projects within counties with a
84 certain Federal Emergency Management Agency disaster
85 designation; authorizing certain entities to apply for
86 such appropriated funds; requiring such entities
87 requesting funding for certain purposes to secure
88 certain matching funds by the time of making the
89 application; requiring certain certifications for
90 applications for appropriated funds; authorizing the
91 division to request budget amendments up to a
92 specified amount to fund gaps in certain projects;
93 requiring the division and certain entities to
94 coordinate for a specified purpose; specifying
95 criteria for providing appropriated funds as grants or
96 loans; requiring reimbursed funds to be deposited into
97 the General Revenue Fund; providing for appropriations
98 for the Small County Outreach Program for certain
99 counties; amending chapter 2023-304, Laws of Florida;
100 revising a prohibition on counties and municipalities
101 proposing or adopting certain amendments to their
102 comprehensive plans or land development regulations;
103 revising the expiration date of such prohibition;
104 providing an appropriation for certain planning and
105 design grants; authorizing certain fiscally
106 constrained counties to apply for appropriated funds;
107 requiring the division to prioritize certain
108 applications; requiring the division to conduct a
109 certain assessment and consider certain information;
110 amending s. 288.0655, F.S.; authorizing the Department
111 of Commerce to award certain grants to certain
112 fiscally constrained counties; providing a purpose and
113 eligible uses for such grants; providing for
114 expiration; providing an appropriation for the grants;
115 repealing s. 570.82, F.S., relating to Agricultural
116 Economic Development Program disaster loans and grants
117 and aid; creating s. 570.822, F.S.; defining terms;
118 establishing the Agriculture and Aquaculture Producers
119 Natural Disaster Recovery Loan Program within the
120 Department of Agriculture and Consumer Services;
121 providing the purpose of the program; establishing the
122 authorized use of the loans; requiring that structures
123 or buildings constructed with loan funds meet certain
124 standards; requiring the department to adopt such
125 standards by rule; requiring that the loans be low
126 interest or interest-free; providing loan limits;
127 establishing eligibility requirements for loans;
128 establishing application periods; setting the terms of
129 repayment; providing for a reduction in the principal
130 balance by a certain amount each year; restricting the
131 amount the department may use for deferred loans;
132 requiring repayment upon the sale of the property
133 within a certain timeframe; specifying requirements
134 for the department in administering the program;
135 requiring the department to create and maintain a
136 separate account in the General Inspection Trust Fund
137 for the program; requiring that loan payments be
138 returned to the loan program; providing that
139 appropriated funds are not subject to reversion;
140 requiring the department, or a specified third-party
141 administrator, to manage the loan fund; requiring the
142 department to coordinate with certain entities;
143 requiring the department to adopt rules; requiring the
144 department to provide an annual report to the
145 Legislature by a specified date; specifying
146 requirements for the report; providing for the
147 expiration of the program on a specified date, unless
148 reviewed and saved from repeal by the Legislature;
149 amending s. 201.25, F.S.; exempting loans made by the
150 Agriculture and Aquaculture Producers Natural Disaster
151 Recovery Loan Program from certain taxes; requiring
152 the department to adopt emergency rules to implement
153 the program; providing for the expiration of such
154 authority; requiring the Chief Financial Officer to
155 transfer a specified amount from the General Revenue
156 Fund to the General Inspection Trust Fund within the
157 department within a specified timeframe; providing
158 appropriations for the program and a cost-sharing
159 grant program for timber landowners in specified
160 counties; limiting the amount the department may use
161 to administer the programs; authorizing the department
162 to adopt emergency rules to implement the cost-sharing
163 grant program; requiring the department to coordinate
164 with certain entities; providing an effective date.
165
166 Be It Enacted by the Legislature of the State of Florida:
167
168 Section 1. Section 193.4518, Florida Statutes, is created
169 to read:
170 193.4518 Assessment of agricultural equipment rendered
171 unable to be used due to Hurricane Idalia.—
172 (1) As used in this section, the term:
173 (a) “Farm” has the same meaning as provided in s.
174 823.14(3).
175 (b) “Farm operation” has the same meaning as provided in s.
176 823.14(3).
177 (c) “Unable to be used” means the tangible personal
178 property was damaged, or the farm, farm operation, or
179 agricultural processing facility was affected, to such a degree
180 that the tangible personal property could not be used for its
181 intended purpose.
182 (2) For purposes of ad valorem taxation and applying to the
183 2024 tax roll only, tangible personal property owned and
184 operated by a farm, a farm operation, or an agriculture
185 processing facility located in Charlotte, Citrus, Columbia,
186 Dixie, Gilchrist, Hamilton, Hernando, Jefferson, Lafayette,
187 Levy, Madison, Manatee, Pasco, Pinellas, Sarasota, Suwannee, or
188 Taylor County is deemed to have a market value no greater than
189 its value for salvage if the tangible personal property was
190 unable to be used for at least 60 days due to the effects of
191 Hurricane Idalia.
192 (3) The deadline for an applicant to file an application
193 with the property appraiser for assessment pursuant to this
194 section is March 1, 2024.
195 (4) If the property appraiser denies an application, the
196 applicant may file, pursuant to s. 194.011(3), a petition with
197 the value adjustment board which requests that the tangible
198 personal property be assessed pursuant to this section. Such
199 petition must be filed on or before the 25th day after the
200 mailing by the property appraiser during the 2024 calendar year
201 of the notice required under s. 194.011(1).
202 (5) This section applies to tax rolls beginning January 1,
203 2024.
204 Section 2. Fencing materials purchased for use on
205 agricultural lands due to Hurricane Idalia damage.—
206 (1) The purchase of fencing materials used to replace or
207 repair farm fences on land classified as agricultural under s.
208 193.461, Florida Statutes, is exempt from the tax imposed under
209 chapter 212, Florida Statutes, during the period from August 30,
210 2023, through June 30, 2024, if the fencing materials will be or
211 were used to replace or repair fences located in Charlotte,
212 Citrus, Columbia, Dixie, Gilchrist, Hamilton, Hernando,
213 Jefferson, Lafayette, Levy, Madison, Manatee, Pasco, Pinellas,
214 Sarasota, Suwannee, or Taylor County that were damaged as a
215 direct result of the impact of Hurricane Idalia. The exemption
216 provided by this section is available only through a refund from
217 the Department of Revenue of previously paid taxes.
218 (2) To receive a refund pursuant to this section, the owner
219 of the fencing materials or the real property into which the
220 fencing materials were incorporated must apply to the Department
221 of Revenue by December 31, 2024. The refund application must
222 include the following information:
223 (a) The name and address of the person claiming the refund.
224 (b) The address and assessment roll parcel number of the
225 agricultural land on which the fencing materials were or will be
226 used.
227 (c) The sales invoice or other proof of purchase of the
228 fencing materials which shows the amount of sales tax paid, the
229 date of purchase, and the name and address of the dealer from
230 whom the materials were purchased.
231 (d) An affidavit executed by the owner of the fencing
232 materials or the real property into which the fencing materials
233 were or will be incorporated, including a statement that the
234 fencing materials were or will be used to replace or repair
235 fencing damaged as a direct result of the impact of Hurricane
236 Idalia.
237 (3) A person furnishing a false affidavit to the Department
238 of Revenue pursuant to subsection (2) is subject to the
239 penalties set forth in s. 212.085, Florida Statutes, and as
240 otherwise authorized by law.
241 (4) This section is deemed a revenue law for the purposes
242 of ss. 213.05 and 213.06, Florida Statutes, and s. 72.011,
243 Florida Statutes, applies to this section.
244 (5) This section operates retroactively to August 30, 2023.
245 (6) The Department of Revenue is authorized, and all
246 conditions are deemed met, to adopt emergency rules pursuant to
247 s. 120.54(4), Florida Statutes, for the purpose of implementing
248 this section. Notwithstanding any other provision of law,
249 emergency rules adopted pursuant to this subsection are
250 effective until December 31, 2024, and may be renewed during the
251 pendency of procedures to adopt permanent rules addressing the
252 subject of the emergency rules.
253 Section 3. Building materials used to replace or repair
254 nonresidential farm buildings damaged by Hurricane Idalia.—
255 (1) Building materials used to replace or repair a
256 nonresidential farm building located in Charlotte, Citrus,
257 Columbia, Dixie, Gilchrist, Hamilton, Hernando, Jefferson,
258 Lafayette, Levy, Madison, Manatee, Pasco, Pinellas, Sarasota,
259 Suwannee, or Taylor County that was damaged as a direct result
260 of the impact of Hurricane Idalia and purchased during the
261 period from August 30, 2023, through June 30, 2024, are exempt
262 from the tax imposed under chapter 212, Florida Statutes. The
263 exemption provided by this section is available only through a
264 refund from the Department of Revenue of previously paid taxes.
265 (2) As used in this section, the term:
266 (a) “Building materials” means tangible personal property
267 that becomes a component part of a nonresidential farm building.
268 (b) “Nonresidential farm building” has the same meaning as
269 provided in s. 604.50(2), Florida Statutes.
270 (3) To receive a refund pursuant to this section, the owner
271 of the building materials or of the real property into which the
272 building materials will be or were incorporated must apply to
273 the Department of Revenue by December 31, 2024. The refund
274 application must include all of the following information:
275 (a) The name and address of the person claiming the refund.
276 (b) The address and assessment roll parcel number of the
277 real property where the building materials were or will be used.
278 (c) The sales invoice or other proof of purchase of the
279 building materials which shows the amount of sales tax paid, the
280 date of purchase, and the name and address of the dealer from
281 whom the materials were purchased.
282 (d) An affidavit executed by the owner of the building
283 materials or the real property into which the building materials
284 will be or were incorporated, including a statement that the
285 building materials were or will be used to replace or repair the
286 nonresidential farm building damaged as a direct result of the
287 impact of Hurricane Idalia.
288 (4) A person furnishing a false affidavit to the Department
289 of Revenue pursuant to subsection (3) is subject to the
290 penalties set forth in s. 212.085, Florida Statutes, and as
291 otherwise provided by law.
292 (5) This section is deemed a revenue law for the purposes
293 of ss. 213.05 and 213.06, Florida Statutes, and s. 72.011,
294 Florida Statutes, applies to this section.
295 (6) This section operates retroactively to August 30, 2023.
296 (7) The Department of Revenue is authorized, and all
297 conditions are deemed met, to adopt emergency rules pursuant to
298 s. 120.54(4), Florida Statutes, for the purpose of implementing
299 this section. Notwithstanding any other provision of law,
300 emergency rules adopted pursuant to this subsection are
301 effective until December 31, 2024, and may be renewed during the
302 pendency of procedures to adopt permanent rules addressing the
303 subject of the emergency rules.
304 Section 4. Refund of taxes on fuel used for agricultural
305 shipment or hurricane debris removal after Hurricane Idalia.—
306 (1) Fuel purchased and used in this state during the period
307 from August 30, 2023, through June 30, 2024, which is or was
308 used in any motor vehicle driven or operated upon the public
309 highways of this state for agricultural shipment or hurricane
310 debris removal is exempt from all state and county taxes
311 authorized or imposed under parts I and II of chapter 206,
312 Florida Statutes, excluding the taxes imposed under s.
313 206.41(1)(a) and (h), Florida Statutes. The exemption provided
314 by this section is available to the fuel purchaser in an amount
315 equal to the fuel tax imposed on fuel that was purchased for
316 agricultural shipment or hurricane debris removal during the
317 period from August 30, 2023, through June 30, 2024. The
318 exemption provided by this section is only available through a
319 refund from the Department of Revenue.
320 (2) As used in this section, the term:
321 (a) “Agricultural processing or storage facility” means
322 property used or useful in separating, cleaning, processing,
323 converting, packaging, handling, storing, and other activities
324 necessary to prepare crops, livestock, related products, and
325 other products of agriculture, and includes nonfarm facilities
326 that produce agricultural products, in whole or in part, through
327 natural processes, animal husbandry, and apiaries.
328 (b) “Agricultural product” means the natural products of a
329 farm, nursery, forest, grove, orchard, vineyard, garden, or
330 apiary, including livestock as defined in s. 585.01, Florida
331 Statutes.
332 (c) “Agricultural shipment” means the transport of any
333 agricultural product from a farm, nursery, forest, grove,
334 orchard, vineyard, garden, or apiary located in Charlotte,
335 Citrus, Columbia, Dixie, Gilchrist, Hamilton, Hernando,
336 Jefferson, Lafayette, Levy, Madison, Manatee, Pasco, Pinellas,
337 Sarasota, Suwannee, or Taylor County to an agricultural
338 processing or storage facility.
339 (d) “Fuel” means motor fuel or diesel fuel, as those terms
340 are defined in ss. 206.01(9) and 206.86(1), Florida Statutes,
341 respectively.
342 (e) “Fuel tax” means all state and county taxes authorized
343 or imposed on fuel under chapter 206, Florida Statutes.
344 (f) “Hurricane debris removal” means the transport of
345 Hurricane Idalia debris from a farm, nursery, forest, grove,
346 orchard, vineyard, garden, or apiary located in Charlotte,
347 Citrus, Columbia, Dixie, Gilchrist, Hamilton, Hernando,
348 Jefferson, Lafayette, Levy, Madison, Manatee, Pasco, Pinellas,
349 Sarasota, Suwannee, or Taylor County.
350 (g) “Motor vehicle” has the same meaning as provided in s.
351 206.01(23), Florida Statutes.
352 (h) “Public highways” has the same meaning as provided in
353 s. 206.01(11), Florida Statutes.
354 (3) To receive a refund pursuant to this section, the fuel
355 purchaser must apply to the Department of Revenue by December
356 31, 2024. The refund application must include all of the
357 following information:
358 (a) The name and address of the person claiming the refund.
359 (b) The names and addresses of up to three owners of farms,
360 nurseries, forests, groves, orchards, vineyards, gardens, or
361 apiaries whose agricultural products were shipped or hurricane
362 debris was removed by the person seeking the refund pursuant to
363 this section.
364 (c) The sales invoice or other proof of purchase of the
365 fuel which shows the number of gallons of fuel purchased, the
366 type of fuel purchased, the date of purchase, and the name and
367 place of business of the dealer from whom the fuel was
368 purchased.
369 (d) The license number or other identification number of
370 the motor vehicle that used the exempt fuel.
371 (e) An affidavit executed by the person seeking the refund
372 pursuant to this section, including a statement that he or she
373 purchased and used the fuel for which the refund is being
374 claimed during the period from August 30, 2023, through June 30,
375 2024, for an agricultural shipment or hurricane debris removal.
376 (4) A person furnishing a false affidavit to the Department
377 of Revenue pursuant to subsection (3) is subject to the
378 penalties set forth in s. 206.11, Florida Statutes, and as
379 otherwise provided by law.
380 (5) The tax imposed under s. 212.0501, Florida Statutes,
381 does not apply to fuel that is exempt under this section and for
382 which a fuel purchaser received a refund under this section.
383 (6) This section is deemed a revenue law for the purposes
384 of ss. 213.05 and 213.06, Florida Statutes, and s. 72.011,
385 Florida Statutes, applies to this section.
386 (7) This section operates retroactively to August 30, 2023.
387 (8) The Department of Revenue is authorized, and all
388 conditions are deemed met, to adopt emergency rules pursuant to
389 s. 120.54(4), Florida Statutes, for the purpose of implementing
390 this section. Notwithstanding any other provision of law,
391 emergency rules adopted pursuant to this subsection are
392 effective until December 31, 2024, and may be renewed during the
393 pendency of procedures to adopt permanent rules addressing the
394 subject of the emergency rules.
395 Section 5. Section 215.5586, Florida Statutes, is amended
396 to read:
397 215.5586 My Safe Florida Home Program.—There is established
398 within the Department of Financial Services the My Safe Florida
399 Home Program. The department shall provide fiscal
400 accountability, contract management, and strategic leadership
401 for the program, consistent with this section. This section does
402 not create an entitlement for property owners or obligate the
403 state in any way to fund the inspection or retrofitting of
404 residential property in this state. Implementation of this
405 program is subject to annual legislative appropriations. It is
406 the intent of the Legislature that, subject to the availability
407 of funds, the My Safe Florida Home Program provide licensed
408 inspectors to perform inspections for owners of site-built,
409 single-family, residential properties and grants to eligible
410 applicants as funding allows. The department shall implement the
411 program in such a manner that the total amount of funding
412 requested by accepted applications, whether for inspections,
413 grants, or other services or assistance, does not exceed the
414 total amount of available funds. If, after applications are
415 processed and approved, funds remain available, the department
416 may accept applications up to the available amount. The program
417 shall develop and implement a comprehensive and coordinated
418 approach for hurricane damage mitigation that may include the
419 following:
420 (1) HURRICANE MITIGATION INSPECTIONS.—
421 (a) Licensed inspectors are to provide home inspections of
422 site-built, single-family, residential properties for which a
423 homestead exemption has been granted, to determine what
424 mitigation measures are needed, what insurance premium discounts
425 may be available, and what improvements to existing residential
426 properties are needed to reduce the property’s vulnerability to
427 hurricane damage. An inspector may inspect a townhouse as
428 defined in s. 481.203 to determine if opening protection
429 mitigation as listed in paragraph (2)(e) would provide
430 improvements to mitigate hurricane damage.
431 (b) The Department of Financial Services shall contract
432 with wind certification entities to provide hurricane mitigation
433 inspections. The inspections provided to homeowners, at a
434 minimum, must include:
435 1. A home inspection and report that summarizes the results
436 and identifies recommended improvements a homeowner may take to
437 mitigate hurricane damage.
438 2. A range of cost estimates regarding the recommended
439 mitigation improvements.
440 3. Information regarding estimated premium discounts,
441 correlated to the current mitigation features and the
442 recommended mitigation improvements identified by the
443 inspection.
444 (c) To qualify for selection by the department as a wind
445 certification entity to provide hurricane mitigation
446 inspections, the entity must, at a minimum, meet the following
447 requirements:
448 1. Use hurricane mitigation inspectors who are licensed or
449 certified as:
450 a. A building inspector under s. 468.607;
451 b. A general, building, or residential contractor under s.
452 489.111;
453 c. A professional engineer under s. 471.015;
454 d. A professional architect under s. 481.213; or
455 e. A home inspector under s. 468.8314 and who have
456 completed at least 3 hours of hurricane mitigation training
457 approved by the Construction Industry Licensing Board, which
458 training must include hurricane mitigation techniques,
459 compliance with the uniform mitigation verification form, and
460 completion of a proficiency exam.
461 2. Use hurricane mitigation inspectors who also have
462 undergone drug testing and a background screening. The
463 department may conduct criminal record checks of inspectors used
464 by wind certification entities. Inspectors must submit a set of
465 fingerprints to the department for state and national criminal
466 history checks and must pay the fingerprint processing fee set
467 forth in s. 624.501. The fingerprints must be sent by the
468 department to the Department of Law Enforcement and forwarded to
469 the Federal Bureau of Investigation for processing. The results
470 must be returned to the department for screening. The
471 fingerprints must be taken by a law enforcement agency,
472 designated examination center, or other department-approved
473 entity.
474 3. Provide a quality assurance program including a
475 reinspection component.
476 (d) An application for an inspection must contain a signed
477 or electronically verified statement made under penalty of
478 perjury that the applicant has submitted only a single
479 application for that home.
480 (e) The owner of a site-built, single-family, residential
481 property or townhouse as defined in s. 481.203, for which a
482 homestead exemption has been granted, may apply for and receive
483 an inspection without also applying for a grant pursuant to
484 subsection (2) and without meeting the requirements of paragraph
485 (2)(a).
486 (2) MITIGATION GRANTS.—Financial grants shall be used to
487 encourage single-family, site-built, owner-occupied, residential
488 property owners to retrofit their properties to make them less
489 vulnerable to hurricane damage.
490 (a) For a homeowner to be eligible for a grant, the
491 following criteria must be met:
492 1. The homeowner must have been granted a homestead
493 exemption on the home under chapter 196.
494 2. The home must be a dwelling with an insured value of
495 $700,000 or less. Homeowners who are low-income persons, as
496 defined in s. 420.0004(11), are exempt from this requirement.
497 3. The home must undergo an acceptable hurricane mitigation
498 inspection as provided in subsection (1).
499 4. The building permit application for initial construction
500 of the home must have been made before January 1, 2008.
501 5. The homeowner must agree to make his or her home
502 available for inspection once a mitigation project is completed.
503
504 An application for a grant must contain a signed or
505 electronically verified statement made under penalty of perjury
506 that the applicant has submitted only a single application and
507 must have attached documents demonstrating the applicant meets
508 the requirements of this paragraph.
509 (b) All grants must be matched on the basis of $1 provided
510 by the applicant for $2 provided by the state up to a maximum
511 state contribution of $10,000 toward the actual cost of the
512 mitigation project.
513 (c) The program shall create a process in which contractors
514 agree to participate and homeowners select from a list of
515 participating contractors. All mitigation must be based upon the
516 securing of all required local permits and inspections and must
517 be performed by properly licensed contractors. Hurricane
518 mitigation inspectors qualifying for the program may also
519 participate as mitigation contractors as long as the inspectors
520 meet the department’s qualifications and certification
521 requirements for mitigation contractors.
522 (d) Matching fund grants shall also be made available to
523 local governments and nonprofit entities for projects that will
524 reduce hurricane damage to single-family, site-built, owner
525 occupied, residential property. The department shall liberally
526 construe those requirements in favor of availing the state of
527 the opportunity to leverage funding for the My Safe Florida Home
528 Program with other sources of funding.
529 (e) When recommended by a hurricane mitigation inspection,
530 grants for eligible homes may be used for the following
531 improvements:
532 1. Opening protection.
533 2. Exterior doors, including garage doors.
534 3. Reinforcing roof-to-wall connections.
535 4. Improving the strength of roof-deck attachments.
536 5. Secondary water barrier for roof.
537 (f) When recommended by a hurricane mitigation inspection,
538 grants for townhouses, as defined in s. 481.203, may only be
539 used for opening protection.
540
541 The department may require that improvements be made to all
542 openings, including exterior doors and garage doors, as a
543 condition of reimbursing a homeowner approved for a grant. The
544 department may adopt, by rule, the maximum grant allowances for
545 any improvement allowable under paragraph (e) or this paragraph.
546 (g) Grants may be used on a previously inspected existing
547 structure or on a rebuild. A rebuild is defined as a site-built,
548 single-family dwelling under construction to replace a home that
549 was destroyed or significantly damaged by a hurricane and deemed
550 unlivable by a regulatory authority. The homeowner must be a
551 low-income homeowner as defined in paragraph (h), must have had
552 a homestead exemption for that home before the hurricane, and
553 must be intending to rebuild the home as that homeowner’s
554 homestead.
555 (h) Low-income homeowners, as defined in s. 420.0004(11),
556 who otherwise meet the requirements of paragraphs (a), (c), (e),
557 and (g) are eligible for a grant of up to $10,000 and are not
558 required to provide a matching amount to receive the grant. The
559 program may accept a certification directly from a low-income
560 homeowner that the homeowner meets the requirements of s.
561 420.0004(11) if the homeowner provides such certification in a
562 signed or electronically verified statement made under penalty
563 of perjury.
564 (i) The department shall develop a process that ensures the
565 most efficient means to collect and verify grant applications to
566 determine eligibility and may direct hurricane mitigation
567 inspectors to collect and verify grant application information
568 or use the Internet or other electronic means to collect
569 information and determine eligibility.
570 (3) EDUCATION, CONSUMER AWARENESS, AND OUTREACH.—
571 (a) The department may undertake a statewide multimedia
572 public outreach and advertising campaign to inform consumers of
573 the availability and benefits of hurricane inspections and of
574 the safety and financial benefits of residential hurricane
575 damage mitigation. The department may seek out and use local,
576 state, federal, and private funds to support the campaign.
577 (b) The program may develop brochures for distribution to
578 Citizens Property Insurance Corporation, general contractors,
579 roofing contractors, and real estate brokers and sales
580 associates who are licensed under part I of chapter 475 which
581 provide information on the benefits to homeowners of residential
582 hurricane damage mitigation. Citizens Property Insurance
583 Corporation is encouraged to distribute the brochure to
584 policyholders of the corporation. Contractors are encouraged to
585 distribute the brochures to homeowners at the first meeting with
586 a homeowner who is considering contracting for home or roof
587 repair or contracting for the construction of a new home. Real
588 estate brokers and sales associates are encouraged to distribute
589 the brochure to clients before the purchase of a home. The
590 brochures may be made available electronically.
591 (4) FUNDING.—The department may seek out and leverage
592 local, state, federal, or private funds to enhance the financial
593 resources of the program.
594 (5) RULES.—The Department of Financial Services shall adopt
595 rules pursuant to ss. 120.536(1) and 120.54 to govern the
596 program; implement the provisions of this section; including
597 rules governing hurricane mitigation inspections and grants,
598 mitigation contractors, and training of inspectors and
599 contractors; and carry out the duties of the department under
600 this section.
601 (6) HURRICANE MITIGATION INSPECTOR LIST.—The department
602 shall develop and maintain as a public record a current list of
603 hurricane mitigation inspectors authorized to conduct hurricane
604 mitigation inspections pursuant to this section.
605 (7) CONTRACT MANAGEMENT.—
606 (a) The department may contract with third parties for
607 grants management, inspection services, contractor services for
608 low-income homeowners, information technology, educational
609 outreach, and auditing services. Such contracts are considered
610 direct costs of the program and are not subject to
611 administrative cost limits. The department shall contract with
612 providers that have a demonstrated record of successful business
613 operations in areas directly related to the services to be
614 provided and shall ensure the highest accountability for use of
615 state funds, consistent with this section.
616 (b) The department shall implement a quality assurance and
617 reinspection program that determines whether initial inspections
618 and home improvements are completed in a manner consistent with
619 the intent of the program. The department may use valid random
620 sampling in order to perform the quality assurance portion of
621 the program.
622 (8) INTENT.—It is the intent of the Legislature that grants
623 made to residential property owners under this section shall be
624 considered disaster-relief assistance within the meaning of s.
625 139 of the Internal Revenue Code of 1986, as amended.
626 (9) REPORTS.—The department shall make an annual report on
627 the activities of the program that shall account for the use of
628 state funds and indicate the number of inspections requested,
629 the number of inspections performed, the number of grant
630 applications received, the number and value of grants approved,
631 and the estimated average annual amount of insurance premium
632 discounts and total estimated annual amount of insurance premium
633 discounts homeowners received from insurers as a result of
634 mitigation funded through the program. The report must be
635 delivered to the President of the Senate and the Speaker of the
636 House of Representatives by February 1 of each year.
637 Section 6. (1) For the 2023-2024 fiscal year, the sum of
638 $176,170,000 in nonrecurring funds is appropriated from the
639 General Revenue Fund to the Department of Financial Services to
640 provide mitigation grants pursuant to s. 215.5586(2), Florida
641 Statutes, under the My Safe Florida Home Program. Funds must be
642 used for applications submitted on or before October 15, 2023.
643 The department may not continue to accept applications or to
644 create a waiting list in anticipation of additional funding
645 unless the Legislature provides express authority to implement
646 such actions.
647 (2) For the 2023-2024 fiscal year, the sum of $5,285,100 in
648 nonrecurring funds is appropriated from the General Revenue Fund
649 to the Department of Financial Services for administrative costs
650 related to implementation of mitigation grants pursuant to s.
651 215.5586(2), Florida Statutes, under the My Safe Florida Home
652 Program.
653 Section 7. Paragraph (d) is added to subsection (5) of
654 section 252.37, Florida Statutes, to read:
655 252.37 Financing.—
656 (5) Unless otherwise specified in the General
657 Appropriations Act:
658 (d) Subject to appropriation, and notwithstanding paragraph
659 (a), the Legislature intends to provide the entire match
660 requirement for Public Assistance Program grants to local
661 governments within a county designated for individual assistance
662 and public assistance (categories A-G) in the Federal Emergency
663 Management Agency disaster declaration for Hurricane Idalia.
664 Such local governments must enter into agreements with the
665 division to have their portions of the match requirements waived
666 and must agree to use an equal amount of funds toward further
667 disaster recovery or mitigation. Funds shall be allocated on a
668 first-come, first-served basis. Notwithstanding paragraph (a), a
669 local government in an agreement with the division under this
670 paragraph is not required to provide one-half of the required
671 match before it receives Public Assistance Program financial
672 assistance. The division shall report quarterly to the Executive
673 Office of the Governor and the chair of each legislative
674 appropriations committee on the amount of match requirements
675 waived, agreements entered into with local governments, and the
676 amount of remaining appropriated funds. This paragraph expires
677 June 30, 2028.
678 Section 8. For the 2023-2024 fiscal year, the nonrecurring
679 sum of $30 million from the General Revenue Fund is appropriated
680 to the Division of Emergency Management within the Executive
681 Office of the Governor to provide the match requirement for
682 Public Assistance Program grants pursuant to s. 252.37(5)(d),
683 Florida Statutes, as created by this act. Appropriated funds may
684 only be used to meet federal match requirements as provided in
685 s. 252.37(5)(d), Florida Statutes, as created by this act.
686 Notwithstanding s. 216.301, Florida Statutes, and pursuant to s.
687 216.351, Florida Statutes, the balance of this appropriation
688 which is not disbursed by June 30, 2024, may be carried forward
689 for up to 5 years after the effective date of this act.
690 Section 9. Subsection (8) of section 252.71, Florida
691 Statutes, is amended to read:
692 252.71 Florida Emergency Management Assistance Foundation.—
693 (8) This section is repealed October 1, 2027 December 31,
694 2024, unless reviewed and saved from repeal by the Legislature.
695 Section 10. Paragraph (c) of subsection (3) of section
696 288.066, Florida Statutes, is amended to read:
697 288.066 Local Government Emergency Revolving Bridge Loan
698 Program.—
699 (3) LOAN TERMS.—
700 (c) The term of the loan is up to 5 years 24 months.
701 However, the department may extend loan terms for up to 6 months
702 based on the local government’s financial condition.
703 Section 11. The Department of Commerce is authorized to
704 amend a loan agreement executed before November 1, 2023, and
705 made pursuant to s. 288.066, Florida Statutes, in order to
706 increase the loan term to a total of 5 years from the original
707 date of execution, as authorized by this act, upon request of
708 the local government and as determined by the department to be
709 in the best interests of the state.
710 Section 12. (1) For the 2023-2024 fiscal year, the
711 nonrecurring sum of $25 million from the Local Government
712 Housing Trust Fund is appropriated in the Affordable Housing for
713 Hurricane Recovery appropriation category to the Florida Housing
714 Finance Corporation. The corporation shall use these funds for
715 hurricane recovery purposes through the Hurricane Housing
716 Recovery Program, to be administered in accordance with part VII
717 of chapter 420, Florida Statutes, for eligible counties and
718 municipalities based on Hurricane Idalia Federal Emergency
719 Management Agency damage assessment data and population.
720 Hurricane recovery purposes may include, but are not limited to,
721 any of the following:
722 (a) Site preparation, demolition, repair, and replacement
723 of housing.
724 (b) Repair, replacement, and relocation assistance for
725 manufactured homes.
726 (c) Acquisition of building materials for home repair and
727 construction.
728 (d) Assistance to homeowners to pay insurance deductibles.
729 (e) Down payment assistance.
730 (f) Housing reentry assistance, such as security deposits,
731 utility deposits, and temporary storage of household
732 furnishings.
733 (2) The Florida Housing Finance Corporation shall
734 coordinate with the Division of Emergency Management within the
735 Executive Office of the Governor and the Department of Commerce
736 to prevent duplication of benefits related to other state or
737 federal programs for recipients of funds appropriated under this
738 section.
739 Section 13. (1) For the 2023-2024 fiscal year, the
740 nonrecurring sum of $50 million from the General Revenue Fund is
741 appropriated to the Division of Emergency Management within the
742 Executive Office of the Governor to provide grants or loans for
743 hurricane repair and recovery projects within counties
744 designated for individual assistance and public assistance
745 (categories A-G) in the Federal Emergency Management Agency
746 disaster declaration for Hurricane Idalia. Local governments,
747 independent special districts, and school boards, including
748 charter schools, may apply to the division for the appropriated
749 funds in a manner designated by the division. At the time of the
750 application, a local government, an independent special
751 district, or a school board requesting funding for
752 infrastructure repair projects, beach renourishment projects, or
753 dredging of public waterway projects must have secured matching
754 funds of at least 50 percent of the project costs. The matching
755 requirement for a project within a fiscally constrained county
756 may be waived.
757 (2) Applications to the division must contain a
758 certification that includes, but is not limited to, both of the
759 following statements:
760 (a) That the funding requested is necessary to maintain
761 services or infrastructure essential to support health, safety,
762 and welfare functions, and to reimburse the local government,
763 independent special district, or school board for unanticipated
764 expenses related to responding to Hurricane Idalia or for the
765 loss of revenues related to the impact of Hurricane Idalia.
766 (b) That insufficient state funds, federal funds, private
767 funds, or insurance proceeds are available and that should
768 sufficient funds subsequently become available to meet the need
769 of the original application, the local government or entity will
770 reimburse the state in the amount of such funds subsequently
771 received.
772 (3) The division is authorized to request budget amendments
773 up to $50 million which request the release of funds pursuant to
774 chapter 216, Florida Statutes, to provide resources to fund gaps
775 in the following projects:
776 (a) Mitigation of local and county revenue losses and
777 operating deficits.
778 (b) Infrastructure repair and replacement, including road,
779 sewer, and water facilities.
780 (c) Beach renourishment.
781 (d) Debris removal.
782 (e) Dredging of public waterways.
783 (4) The division shall coordinate with other state agencies
784 and the local government, independent special district, or
785 school board to ensure there is no duplication of benefits
786 between these funds and other funding sources, such as insurance
787 proceeds and any other federal or state programs, including
788 Public Assistance Program requests to the Federal Emergency
789 Management Agency and Community Development Block Grant Disaster
790 Recovery grants. Applications approved by the division for
791 funding which are for projects ineligible for any other funding
792 sources, whether federal or state programs, may be provided as
793 grants. Funding for requests approved by the division, which
794 requests are for projects eligible for other funding sources,
795 must be provided as loans that must be repayable up to the
796 amount of other funding sources subsequently received. Any funds
797 reimbursed to the state must be deposited in the General Revenue
798 Fund.
799 Section 14. For the 2023-2024 fiscal year, the nonrecurring
800 sum of $10 million from the State Transportation Trust Fund is
801 appropriated to the Department of Transportation for
802 transportation projects under the Small County Outreach Program
803 under s. 339.2818, Florida Statutes, within counties designated
804 for individual assistance and public assistance (categories A-G)
805 in the Federal Emergency Management Agency disaster declaration
806 for Hurricane Idalia.
807 Section 15. Section 14 of chapter 2023-304, Laws of
808 Florida, is amended to read:
809 Section 14. (1) Due to the impacts of Hurricane Ian,
810 Charlotte, Collier, Desoto, Glades, Hardee, Hendry, Highlands,
811 Lee, Manatee, and Sarasota Counties, and any a county or
812 municipality located within one of those counties, may entirely
813 or partially within 100 miles of where either Hurricane Ian or
814 Hurricane Nicole made landfall shall not propose or adopt any
815 moratorium on construction, reconstruction, or redevelopment of
816 any property damaged by Hurricane Ian or Hurricane Nicole;
817 propose or adopt more restrictive or burdensome amendments to
818 its comprehensive plan or land development regulations; or
819 propose or adopt more restrictive or burdensome procedures
820 concerning review, approval, or issuance of a site plan,
821 development permit, or development order, to the extent that
822 those terms are defined by s. 163.3164, Florida Statutes, before
823 October 1, 2026 2024, and any such moratorium or restrictive or
824 burdensome comprehensive plan amendment, land development
825 regulation, or procedure shall be null and void ab initio. This
826 subsection applies retroactively to September 28, 2022.
827 (2) Notwithstanding subsection (1), any comprehensive plan
828 amendment, land development regulation amendment, site plan,
829 development permit, or development order approved or adopted by
830 a county or municipality before or after the effective date of
831 this section may be enforced if:
832 (a) The associated application is initiated by a private
833 party other than the county or municipality.
834 (b) The property that is the subject of the application is
835 owned by the initiating private party.
836 (3) This section shall take effect upon becoming a law and
837 expire June 30, 2027 2025.
838 Section 16. (1) For the 2023-2024 fiscal year, the
839 nonrecurring sum of $3 million in Fixed Capital Outlay from the
840 General Revenue Fund is appropriated to the Division of
841 Emergency Management within the Executive Office of the Governor
842 to provide planning and design grants for new facilities for
843 emergency operations to the following fiscally constrained
844 counties impacted by Hurricane Idalia: Columbia, Dixie,
845 Gilchrist, Hamilton, Jefferson, Lafayette, Levy, Madison,
846 Suwannee, and Taylor counties.
847 (2) Such fiscally constrained counties may apply to the
848 division in a manner designated by the division for a grant to
849 be used for engineering, planning, and design services. The
850 division shall prioritize applications for grants that will fund
851 public safety complexes, combining emergency operations, fire
852 services, police services, emergency medical services, or
853 dispatch in one facility.
854 (3) The division must also conduct an assessment of need of
855 the applicants and award grants based on the greatest need. The
856 division, in awarding a grant, shall consider all of the
857 following information:
858 (a) Whether current structures are damaged or unsafe.
859 (b) Whether current structures are aged or appropriately
860 hurricane rated for the geographic location or proposed site.
861 (c) The need for a consolidated and updated facility.
862 (d) Whether the proposed facility can be expanded in the
863 future as population increases or needs of the locality change.
864 Section 17. Subsection (7) is added to section 288.0655,
865 Florida Statutes, to read:
866 288.0655 Rural Infrastructure Fund.—
867 (7) For the 2023-2024 fiscal year, the Department of
868 Commerce may award grants for the following fiscally constrained
869 counties impacted by Hurricane Idalia: Columbia, Dixie,
870 Gilchrist, Hamilton, Jefferson, Lafayette, Levy, Madison,
871 Suwannee, and Taylor. The purpose of the grants is to facilitate
872 the planning, preparing, and financing of infrastructure
873 projects. Eligible uses of the grants include roads or other
874 remedies to transportation impediments, stormwater systems,
875 water or wastewater facilities, and telecommunications
876 facilities. This subsection expires July 1, 2024.
877 Section 18. For the 2023-2024 fiscal year, the nonrecurring
878 sum of $5 million in Fixed Capital Outlay from the General
879 Revenue Fund is appropriated to the Department of Commerce for
880 grants awarded pursuant to s. 288.0655(7), Florida Statutes.
881 Section 19. Section 570.82, Florida Statutes, is repealed.
882 Section 20. Section 570.822, Florida Statutes, is created
883 to read:
884 570.822 Agriculture and Aquaculture Producers Natural
885 Disaster Recovery Loan Program.—
886 (1) DEFINITIONS.—As used in this section, the term:
887 (a) “Bona fide farm operation” means a farm operation
888 engaged in a good faith commercial agricultural use of land on
889 land classified as agricultural pursuant to s. 193.461 or on
890 sovereign submerged land that is leased to the applicant by the
891 department pursuant to s. 597.010 and that produces agricultural
892 products within the definition of agriculture under s. 570.02.
893 (b) “Declared natural disaster” means a natural disaster
894 for which a state of emergency is declared pursuant to s.
895 252.36.
896 (c) “Department” means the Department of Agriculture and
897 Consumer Services.
898 (d) “Essential physical property” means fences, equipment,
899 structural production facilities, such as shade houses and
900 greenhouses, or other agriculture or aquaculture facilities or
901 infrastructure.
902 (e) “Program” means the Agriculture and Aquaculture
903 Producers Natural Disaster Recovery Loan Program.
904 (2) USE OF LOAN FUNDS; LOAN TERMS.—
905 (a) The program is established within the department to
906 make loans to agriculture and aquaculture producers that have
907 experienced damage or destruction from a declared natural
908 disaster. Loan funds may be used to restore, repair, or replace
909 essential physical property or remove vegetative debris from
910 essential physical property. A structure or building constructed
911 using loan proceeds must comply with storm-hardening standards
912 for nonresidential farm buildings as defined in s. 604.50(2).
913 The department shall adopt such standards by rule.
914 (b) The department may make a low-interest or interest-free
915 loan to an eligible applicant. The maximum amount that an
916 applicant may receive during the application period for a loan
917 is $500,000. An applicant may not receive more than one loan per
918 application period and no more than two loans per year or no
919 more than five loans in any 3-year period. A loan term is 10
920 years.
921 (3) ELIGIBLE APPLICANTS.—To be eligible for the program, an
922 applicant must:
923 (a) Own or lease a bona fide farm operation that is located
924 in a county named in a declared natural disaster and that was
925 damaged or destroyed as a result of such declared natural
926 disaster.
927 (b) Maintain complete and acceptable farm records, pursuant
928 to criteria published by the department, and present them as
929 proof of production levels and bona fide farm operations.
930 (4) LOAN APPLICATION AND AGREEMENT.—
931 (a) Requests for loans must be made by application to the
932 department. Upon a determination that funding for loans is
933 available, the department shall publicly notice an application
934 period for the declared natural disaster, beginning within 60
935 days after the date of the declared natural disaster and running
936 up to 1 year after the date of the declared natural disaster or
937 until all available loan funds are exhausted, whichever occurs
938 first.
939 (b) An applicant must demonstrate the need for financial
940 assistance and an ability to repay or meet a standard credit
941 rating determined by the department.
942 (c) Loans must be made pursuant to written agreements
943 specifying the terms and conditions agreed to by the approved
944 applicant and the department. The loan agreement must specify
945 that the loan is due upon sale if the property or other
946 collateral for the loan is sold.
947 (d) An approved applicant must agree to stay in production
948 for the duration of the loan. A loan is not assumable.
949 (5) LOAN SECURITY REQUIREMENTS.—All loans must be secured
950 by a first lien on property or other collateral as set forth in
951 the loan agreement. The specific type of collateral required may
952 vary depending upon the loan purpose, repayment ability, and the
953 particular circumstances of the applicant. The department shall
954 record the lien in public records in the county where the
955 property is located and, in the case of personal property,
956 perfect the security interest by filing appropriate Uniform
957 Commercial Code forms with the Florida Secured Transaction
958 Registry as required pursuant to chapter 679.
959 (6) LOAN REPAYMENT.—
960 (a) A loan is due and payable in accordance with the terms
961 of the loan agreement.
962 (b) The department shall defer payments for the first 3
963 years of the loan. After 3 years, the department shall reduce
964 the principal balance annually through the end of the loan term
965 such that the original principal balance is reduced by 30
966 percent. If the principal balance is repaid before the end of
967 the 10th year, the applicant may not be required to pay more
968 than 70 percent of the original principal balance. The approved
969 applicant must continue to be actively engaged in production in
970 order to receive the original principal balance reductions and
971 must continue to meet the loan agreement terms to the
972 satisfaction of the department.
973 (c) An approved applicant may make payments on the loan at
974 any time without penalty. Early repayment is encouraged as other
975 funding sources or revenues become available to the approved
976 applicant.
977 (d) All repayments of principal and interest, if
978 applicable, received by the department in a fiscal year must be
979 returned to the loan fund and made available for loans to other
980 applicants in the next application period.
981 (e) The department may periodically review an approved
982 applicant to determine whether he or she continues to be in
983 compliance with the terms of the loan agreement. If the
984 department finds that an applicant is no longer in production or
985 has otherwise violated the loan agreement, the department may
986 seek repayment of the full original principal balance
987 outstanding, including any interest or costs, as applicable, and
988 excluding any applied or anticipated original principal balance
989 reductions.
990 (7) ADMINISTRATION.—
991 (a) The department shall create and maintain a separate
992 account in the General Inspection Trust Fund as a fund for the
993 program. All repayments must be returned to the loan fund and
994 made available as provided in this section. Notwithstanding s.
995 216.301, funds appropriated for the loan program are not subject
996 to reversion. The department shall manage the fund, establishing
997 loan practices that must include, but are not limited to,
998 procedures for establishing loan interest rates, uses of
999 funding, application procedures, and application review
1000 procedures. The department is authorized to contract with a
1001 third-party administrator to administer the program and manage
1002 the loan fund. A contract for a third-party administrator that
1003 includes management of the loan fund must, at a minimum, require
1004 maintenance of the loan fund to ensure that the program may
1005 operate in a revolving manner.
1006 (b) The department shall coordinate with other state
1007 agencies and other entities to ensure to the greatest extent
1008 possible that agriculture and aquaculture producers in this
1009 state have access to the maximum financial assistance available
1010 following a natural disaster. The coordination must endeavor to
1011 ensure that there is no duplication of financial assistance
1012 between the loan program and other funding sources, such as any
1013 federal or other state programs, including public assistance
1014 requests to the Federal Emergency Management Agency or financial
1015 assistance from the United States Department of Agriculture,
1016 which could render the approved applicant ineligible for other
1017 financial assistance.
1018 (8) RULES.—The department shall adopt rules to implement
1019 this section.
1020 (9) REPORTS.—By December 1, 2024, and each December 1
1021 thereafter, the department shall provide a report on program
1022 activities during the previous fiscal year to the President of
1023 the Senate and the Speaker of the House of Representatives. The
1024 report must include information on noticed application periods,
1025 the number and value of loans awarded under the program for each
1026 application period, the number and value of loans outstanding,
1027 the number and value of any loan repayments received, and an
1028 anticipated repayment schedule for all loans.
1029 (10) SUNSET.—This section expires July 1, 2043, unless
1030 reviewed and saved from repeal through reenactment by the
1031 Legislature.
1032 Section 21. Subsection (3) of section 201.25, Florida
1033 Statutes, is amended to read:
1034 201.25 Tax exemptions for certain loans.—There shall be
1035 exempt from all taxes imposed by this chapter:
1036 (3) Any loan made by the Agriculture and Aquaculture
1037 Producers Natural Disaster Recovery Loan Program pursuant to s.
1038 570.822 Agricultural Economic Development Program pursuant to s.
1039 570.82.
1040 Section 22. The Department of Agriculture and Consumer
1041 Services shall, and all conditions are deemed met to, adopt
1042 emergency rules pursuant to s. 120.54(4), Florida Statutes, for
1043 the purpose of implementing s. 570.822, Florida Statutes.
1044 Notwithstanding any other law, emergency rules adopted pursuant
1045 to this section are effective for 6 months after adoption and
1046 may be renewed during the pendency of the procedure to adopt
1047 permanent rules addressing the subject of the emergency rules.
1048 Section 23. Within 30 days after this act becomes a law,
1049 the Chief Financial Officer shall transfer $75 million in
1050 nonrecurring funds from the General Revenue Fund to the General
1051 Inspection Trust Fund within the Department of Agriculture and
1052 Consumer Services. For the 2023-2024 fiscal year, the sum of $75
1053 million in nonrecurring funds from the General Inspection Trust
1054 Fund is appropriated in fixed capital outlay to the Department
1055 of Agriculture and Consumer Services for the Agriculture and
1056 Aquaculture Producers Natural Disaster Recovery Loan Program
1057 established pursuant to s. 570.822, Florida Statutes. The
1058 department is authorized to use up to 5 percent of the
1059 appropriated funds for administrative costs to implement the
1060 program. Notwithstanding s. 570.822(4)(a), Florida Statutes, as
1061 created by this act, in order for the department to adopt
1062 emergency rules and establish the administration of the program,
1063 the department is authorized to publicly notice the opening of
1064 the application period for Hurricane Idalia no later than 60
1065 days after this act becomes a law.
1066 Section 24. (1) For the 2023-2024 fiscal year, the sum of
1067 $37.5 million in nonrecurring funds from the General Revenue
1068 Fund in fixed capital outlay is appropriated to the Department
1069 of Agriculture and Consumer Services to administer a cost
1070 sharing grant program to assist timber landowners in Charlotte,
1071 Citrus, Columbia, Dixie, Gilchrist, Hamilton, Hernando,
1072 Jefferson, Lafayette, Levy, Madison, Manatee, Pasco, Pinellas,
1073 Sarasota, Suwannee, and Taylor Counties whose timber land was
1074 damaged as a result of Hurricane Idalia. Grants made to eligible
1075 timber landowners must be for up to 75 percent of the costs for
1076 site preparation and tree replanting on lands classified as
1077 agricultural lands under s. 193.461, Florida Statutes. The
1078 maximum grant award is $250,000. Site preparation work may
1079 include downed tree removal by a variety of methods, including
1080 mechanical harvesting or prescribed burns authorized by the
1081 Florida Forest Service pursuant to s. 590.125, Florida Statutes.
1082 The department may use up to $1 million of the appropriated
1083 funds for administrative costs to implement the grant program.
1084 (2) The department is authorized, and all conditions are
1085 deemed met, to adopt emergency rules pursuant to s. 120.54(4),
1086 Florida Statutes, for the purpose of implementing this section.
1087 Notwithstanding any other provision of law, emergency rules
1088 adopted pursuant to this subsection are effective for 6 months
1089 after adoption and may be renewed during the pendency of
1090 procedures to adopt permanent rules addressing the subject of
1091 the emergency rules.
1092 (3) The department shall coordinate with other state
1093 agencies and other entities to ensure to the greatest extent
1094 possible that timber landowners have access to the maximum
1095 financial assistance available following Hurricane Idalia. The
1096 coordination must endeavor to ensure that there is no
1097 duplication of financial assistance between these funds and
1098 other funding sources, such as any federal or other state
1099 programs, including public assistance requests to the Federal
1100 Emergency Management Agency or financial assistance from the
1101 United States Department of Agriculture, which could render the
1102 approved applicant ineligible for other financial assistance.
1103 Section 25. This act shall take effect upon becoming a law.
1104