Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS/CS/SB 180, 1st Eng.
Ì461112dÎ461112
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/RM . Floor: C
05/02/2025 01:19 PM . 05/02/2025 04:16 PM
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Senator DiCeglie moved the following:
1 Senate Amendment to House Amendment (392939) (with title
2 amendment)
3
4 Delete lines 59 - 1182
5 and insert:
6 Section 4. Paragraph (b) of subsection (4) of section
7 193.155, Florida Statutes, is amended to read:
8 193.155 Homestead assessments.—Homestead property shall be
9 assessed at just value as of January 1, 1994. Property receiving
10 the homestead exemption after January 1, 1994, shall be assessed
11 at just value as of January 1 of the year in which the property
12 receives the exemption unless the provisions of subsection (8)
13 apply.
14 (4)
15 (b)1. Changes, additions, or improvements that replace all
16 or a portion of homestead property, including ancillary
17 improvements, damaged or destroyed by misfortune or calamity
18 shall be assessed upon substantial completion as provided in
19 this paragraph. Such assessment must be calculated using the
20 homestead property’s assessed value as of the January 1
21 immediately before the date on which the damage or destruction
22 was sustained, subject to the assessment limitations in
23 subsections (1) and (2), when:
24 a. The square footage of the homestead property as changed
25 or improved does not exceed 130 110 percent of the square
26 footage of the homestead property before the damage or
27 destruction; or
28 b. The total square footage of the homestead property as
29 changed or improved does not exceed 2,000 1,500 square feet.
30 2. The homestead property’s assessed value must be
31 increased by the just value of that portion of the changed or
32 improved homestead property which is in excess of 130 110
33 percent of the square footage of the homestead property before
34 the damage or destruction or of that portion exceeding 2,000
35 1,500 square feet.
36 3. Homestead property damaged or destroyed by misfortune or
37 calamity which, after being changed or improved, has a square
38 footage of less than 100 percent of the homestead property’s
39 total square footage before the damage or destruction shall be
40 assessed pursuant to subsection (5).
41 4. Changes, additions, or improvements assessed pursuant to
42 this paragraph must be reassessed pursuant to subsection (1) in
43 subsequent years. This paragraph applies to changes, additions,
44 or improvements commenced within 5 years after the January 1
45 following the damage or destruction of the homestead.
46 Section 5. Paragraph (b) of subsection (1) of section
47 215.559, Florida Statutes, is amended to read:
48 215.559 Hurricane Loss Mitigation Program.—A Hurricane Loss
49 Mitigation Program is established in the Division of Emergency
50 Management.
51 (1) The Legislature shall annually appropriate $10 million
52 of the moneys authorized for appropriation under s.
53 215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the
54 division for the purposes set forth in this section. Of the
55 amount:
56 (b) Three million dollars in funds shall be used to
57 construct or retrofit facilities used as public hurricane
58 shelters. Each year the division shall prioritize the use of
59 these funds for projects included in the annual report of the
60 Shelter Development Report prepared in accordance with s.
61 252.385(3). The division shall must give funding priority to
62 projects located in counties regional planning council regions
63 that have shelter deficits, projects that are publicly owned,
64 other than schools, and to projects that maximize the use of
65 state funds.
66 Section 6. Section 250.375, Florida Statutes, is amended to
67 read:
68 250.375 Medical officer authorization.—A servicemember
69 trained to provide medical care who is serving under the
70 direction of the Florida National Guard State Surgeon and is
71 assigned to a military duty position and authorized by the
72 Florida National Guard to provide medical care within the scope
73 of the servicemember’s professional licensure by virtue of such
74 duty position may provide such medical care to military
75 personnel and civilians within this state physician who holds an
76 active license to practice medicine in any state, a United
77 States territory, or the District of Columbia, while serving as
78 a medical officer with or in support of the Florida National
79 Guard, pursuant to federal or state orders, may practice
80 medicine on military personnel or civilians during an emergency
81 or declared disaster or during federal military training.
82 Section 7. Paragraphs (y) through (dd) of subsection (2) of
83 section 252.35, Florida Statutes, are redesignated as paragraphs
84 (x) through (cc), respectively, paragraphs (a), (c), and (n) and
85 present paragraph (x) of that subsection are amended, and a new
86 paragraph (dd) is added to that subsection, to read:
87 252.35 Emergency management powers; Division of Emergency
88 Management.—
89 (2) The division is responsible for carrying out the
90 provisions of ss. 252.31-252.90. In performing its duties, the
91 division shall:
92 (a) Prepare a state comprehensive emergency management
93 plan, which must shall be integrated into and coordinated with
94 the emergency management plans and programs of the Federal
95 Government. The division shall adopt the plan as a rule in
96 accordance with chapter 120. The plan must be implemented by a
97 continuous, integrated comprehensive emergency management
98 program. The plan must contain provisions to ensure that the
99 state is prepared for emergencies and minor, major, and
100 catastrophic disasters, and the division shall work closely with
101 local governments and agencies and organizations with emergency
102 management responsibilities in preparing and maintaining the
103 plan. The state comprehensive emergency management plan must be
104 operations oriented and:
105 1. Include an evacuation component that includes specific
106 regional and interregional planning provisions and promotes
107 intergovernmental coordination of evacuation activities. This
108 component must, at a minimum: contain guidelines for lifting
109 tolls on state highways; ensure coordination pertaining to
110 evacuees crossing county lines; set forth procedures for
111 directing people caught on evacuation routes to safe shelter;
112 establish strategies for ensuring sufficient, reasonably priced
113 fueling locations along evacuation routes; and establish
114 policies and strategies for emergency medical evacuations.
115 2. Include a shelter component that includes specific
116 regional and interregional planning provisions and promotes
117 coordination of shelter activities between the public, private,
118 and nonprofit sectors. This component must, at a minimum:
119 contain strategies to ensure the availability of adequate public
120 shelter space in each county region of the state; establish
121 strategies for refuge-of-last-resort programs; provide
122 strategies to assist local emergency management efforts to
123 ensure that adequate staffing plans exist for all shelters,
124 including medical and security personnel; provide for a
125 postdisaster communications system for public shelters;
126 establish model shelter guidelines for operations, registration,
127 inventory, power generation capability, information management,
128 and staffing; and set forth policy guidance for sheltering
129 people with special needs.
130 3. Include a postdisaster response and recovery component
131 that includes specific regional and interregional planning
132 provisions and promotes intergovernmental coordination of
133 postdisaster response and recovery activities. This component
134 must provide for postdisaster response and recovery strategies
135 according to whether a disaster is minor, major, or
136 catastrophic. The postdisaster response and recovery component
137 must, at a minimum: establish the structure of the state’s
138 postdisaster response and recovery organization; establish
139 procedures for activating the state’s plan; set forth policies
140 used to guide postdisaster response and recovery activities;
141 describe the chain of command during the postdisaster response
142 and recovery period; describe initial and continuous
143 postdisaster response and recovery actions; identify the roles
144 and responsibilities of each involved agency and organization;
145 provide for a comprehensive communications plan; establish
146 procedures for coordinating and monitoring statewide mutual aid
147 agreements reimbursable under federal public disaster assistance
148 programs; provide for rapid impact assessment teams; ensure the
149 availability of an effective statewide urban search and rescue
150 program coordinated with the fire services; ensure the existence
151 of a comprehensive statewide medical care and relief plan
152 administered by the Department of Health; and establish systems
153 for coordinating volunteers and accepting and distributing
154 donated funds and goods.
155 4. Include additional provisions addressing aspects of
156 preparedness, response, recovery, and mitigation as determined
157 necessary by the division.
158 5. Address the need for coordinated and expeditious
159 deployment of state resources, including the Florida National
160 Guard. In the case of an imminent major disaster, procedures
161 should address predeployment of the Florida National Guard, and,
162 in the case of an imminent catastrophic disaster, procedures
163 should address predeployment of the Florida National Guard and
164 the United States Armed Forces.
165 6. Establish a system of communications and warning to
166 ensure that the state’s population and emergency management
167 agencies are warned of developing emergency situations,
168 including public health emergencies, and can communicate
169 emergency response decisions.
170 7. Establish guidelines and schedules for annual exercises
171 that evaluate the ability of the state and its political
172 subdivisions to respond to minor, major, and catastrophic
173 disasters and support local emergency management agencies. Such
174 exercises shall be coordinated with local governments and, to
175 the extent possible, the Federal Government.
176 8. Assign lead and support responsibilities to state
177 agencies and personnel for emergency support functions and other
178 support activities.
179 9. Include the public health emergency plan developed by
180 the Department of Health pursuant to s. 381.00315.
181 10. Include an update on the status of the emergency
182 management capabilities of the state and its political
183 subdivisions. The update must include the emergency management
184 capabilities related to public health emergencies, as determined
185 in collaboration with the Department of Health.
186
187 The complete state comprehensive emergency management plan must
188 be submitted to the President of the Senate, the Speaker of the
189 House of Representatives, and the Governor on February 1 of
190 every even-numbered year.
191 (c) Assist political subdivisions in preparing and
192 maintaining emergency management plans. Such assistance must
193 include the development of a template for comprehensive
194 emergency management plans, including plans for natural
195 disasters, and guidance on the development of mutual aid
196 agreements.
197 (n) Implement training programs to maintain this state’s
198 status as a national leader in emergency management and improve
199 the ability of state and local emergency management personnel to
200 prepare and implement emergency management plans and programs.
201 This must shall include a continuous training program for
202 agencies and individuals who that will be called on to perform
203 key roles in state and local postdisaster response and recovery
204 efforts and for local government personnel on federal and state
205 postdisaster response and recovery strategies and procedures.
206 The division shall specify requirements for the minimum number
207 of training hours that county or municipal administrators,
208 county or city managers, county or municipal emergency
209 management directors, and county or municipal public works
210 directors or other officials responsible for the construction
211 and maintenance of public infrastructure must complete
212 biennially in addition to the training required pursuant to s.
213 252.38(1)(b). Such training may be provided by the division or,
214 for county personnel, by a foundation that is a not-for-profit
215 corporation under s. 501(c)(3) of the Internal Revenue Code and
216 has a governing board that includes in its membership county
217 commissioners and professional county staff. If training is
218 provided by a foundation, such training must be approved by the
219 division.
220 (x) Report biennially to the President of the Senate, the
221 Speaker of the House of Representatives, the Chief Justice of
222 the Supreme Court, and the Governor, no later than February 1 of
223 every odd-numbered year, the status of the emergency management
224 capabilities of the state and its political subdivisions. This
225 report must include the emergency management capabilities
226 related to public health emergencies, as determined in
227 collaboration with the Department of Health.
228 (dd) Conduct, by April 1 of each year, an annual hurricane
229 readiness session in each region designated by the division to
230 facilitate coordination between all emergency management
231 stakeholders. Each county emergency management director or his
232 or her designee shall, and other county and municipal personnel
233 may, attend the session for his or her region. A session must
234 include, but is not limited to, guidance on timelines for
235 preparation and response, information on state and federal
236 postdisaster resources and assistance, guidance to promote
237 efficient and expedited rebuilding of the community after a
238 hurricane, best practices for coordination and communication
239 among entities engaged in postdisaster response and recovery,
240 and discussion of any outstanding county or municipal
241 preparedness or readiness needs.
242 Section 8. Subsection (4) of section 252.355, Florida
243 Statutes, is renumbered as subsection (5), paragraph (b) of
244 subsection (2) is amended, and a new subsection (4) is added to
245 that section, to read:
246 252.355 Registry of persons with special needs; notice;
247 registration program.—
248 (2) In order to ensure that all persons with special needs
249 may register, the division shall develop and maintain a special
250 needs shelter registration program. During a public health
251 emergency in which physical distancing is necessary, as
252 determined by the State Health Officer, the division must
253 maintain information on special needs shelter options that
254 mitigate the threat of the spread of infectious diseases.
255 (b) To assist in identifying persons with special needs,
256 home health agencies, hospices, nurse registries, home medical
257 equipment providers, the Department of Veterans’ Affairs, the
258 Department of Children and Families, the Department of Health,
259 the Agency for Health Care Administration, the Department of
260 Education, the Agency for Persons with Disabilities, the
261 Department of Elderly Affairs, and memory disorder clinics
262 shall, and any physician licensed under chapter 458 or chapter
263 459 and any pharmacy licensed under chapter 465 may, annually
264 provide registration information to all of their special needs
265 clients or their caregivers. The Florida Housing Finance
266 Corporation shall enter into memoranda of understanding with the
267 Department of Elderly Affairs and with the Agency for Persons
268 with Disabilities to ensure special needs registration
269 information is provided to residents of low-income senior
270 independent living properties and independent living properties
271 for persons with intellectual or developmental disabilities
272 funded by the Florida Housing Finance Corporation, respectively.
273 The division shall develop a brochure that provides information
274 regarding special needs shelter registration procedures. The
275 brochure must be easily accessible on the division’s website.
276 All appropriate agencies and community-based service providers,
277 including aging and disability resource centers, memory disorder
278 clinics, home health care providers, hospices, nurse registries,
279 and home medical equipment providers, shall, and any physician
280 licensed under chapter 458 or chapter 459 may, assist emergency
281 management agencies by annually registering persons with special
282 needs for special needs shelters, collecting registration
283 information for persons with special needs as part of the
284 program intake process, and establishing programs to educate
285 clients about the registration process and disaster preparedness
286 safety procedures. A client of a state-funded or federally
287 funded service program who has a physical, mental, or cognitive
288 impairment or sensory disability and who needs assistance in
289 evacuating, or when in a shelter, must register as a person with
290 special needs. The registration program shall give persons with
291 special needs the option of preauthorizing emergency response
292 personnel to enter their homes during search and rescue
293 operations if necessary to ensure their safety and welfare
294 following disasters.
295 (4) The caregiver of a person with special needs who is
296 eligible for admission to a special needs shelter, and all
297 persons for whom he or she is the caregiver, shall be allowed to
298 shelter together in the special needs shelter. If a person with
299 special needs is responsible for the care of persons without
300 special needs, those persons shall be allowed to use the special
301 needs shelter with the person with special needs.
302 Section 9. Effective January 1, 2026, subsection (2) of
303 section 252.3611, Florida Statutes, is amended, and subsection
304 (5) is added to that section, to read:
305 252.3611 Transparency; audits.—
306 (2) If When the duration of a declaration of a state of an
307 emergency issued by the Governor exceeds 90 days:
308 (a)1. The Executive Office of the Governor or the
309 appropriate agency, within 72 hours after of executing a
310 contract executed with moneys authorized for expenditure to
311 support the response to the declared state of emergency, must
312 the Executive Office of the Governor or the appropriate agency
313 shall submit a copy of such contract to the Legislature. For
314 contracts executed during the first 90 days of the declared
315 state of emergency, the Executive Office of the Governor or the
316 appropriate agency shall submit a copy to the Legislature within
317 the first 120 days of the declared state of emergency.
318 2. All contracts executed to support the response to a
319 declared state of emergency, including contracts executed before
320 a declared state of emergency to secure resources or services in
321 advance or anticipation of an emergency, must be posted on the
322 secure contract tracking system required under s. 215.985(14).
323 (b) The Executive Office of the Governor or the appropriate
324 agency shall submit monthly reports to the Legislature of all
325 state expenditures, revenues received, and funds transferred by
326 an agency during the previous month to support the declared
327 state of emergency.
328 (5) Annually, by January 15, the division shall report to
329 the President of the Senate, the Speaker of the House of
330 Representatives, and the chairs of the appropriations committee
331 of each house of the Legislature on expenditures related to
332 emergencies incurred over the year from November 1 of the
333 previous year. The report must include:
334 (a) A separate summary of each emergency event, whether
335 complete or ongoing, and key actions taken by the division.
336 (b) Details of expenditures, separated by emergency event
337 and agency, for preparing for, responding to, or recovering from
338 the event. The report must specify detailed expenditures for the
339 entire report time period; specify total expenditures for the
340 event; and indicate amounts that are being or are anticipated to
341 be reimbursed by the Federal Emergency Management Agency or
342 other federal entity, amounts ineligible for reimbursement, and
343 any amounts deobligated by the Federal Emergency Management
344 Agency or other federal entity for reimbursement. The division
345 shall review expenditures by state agencies to ensure that
346 efforts, purchases, contracts, or expenditures are not
347 duplicated.
348 (c) An accounting of all inventory and assets purchased,
349 separated by emergency event and agency, for preparing for,
350 responding to, or recovering from the event, including motor
351 vehicles, boats, computers, and other equipment, and the current
352 status of such assets, including divestment, sale, or donation
353 by the state. The report must include a detailed accounting for
354 the entire report time period and specify a total for the event.
355 Section 10. Paragraph (a) of subsection (1) of section
356 252.363, Florida Statutes, is amended to read:
357 252.363 Tolling and extension of permits and other
358 authorizations.—
359 (1)(a) The declaration of a state of emergency issued by
360 the Governor for a natural emergency tolls the period remaining
361 to exercise the rights under a permit or other authorization for
362 the duration of the emergency declaration. Further, the
363 emergency declaration extends the period remaining to exercise
364 the rights under a permit or other authorization for 24 months
365 in addition to the tolled period. The extended period to
366 exercise the rights under a permit or other authorization may
367 not exceed 48 months in total in the event of multiple natural
368 emergencies for which the Governor declares a state of
369 emergency. The tolling and extension of permits and other
370 authorizations under this paragraph shall apply retroactively to
371 September 28, 2022, except in the case of the formal
372 determination of the delineation of the extent of wetlands under
373 s. 373.421, in which case tolling and extension of
374 determinations under this paragraph shall apply retroactively to
375 January 1, 2023. This paragraph applies to the following:
376 1. The expiration of a development order issued by a local
377 government.
378 2. The expiration of a building permit.
379 3. The expiration of a permit issued by the Department of
380 Environmental Protection or a water management district pursuant
381 to part IV of chapter 373.
382 4. Permits issued by the Department of Environmental
383 Protection or a water management district pursuant to part II of
384 chapter 373 for land subject to a development agreement under
385 ss. 163.3220-163.3243 in which the permittee and the developer
386 are the same or a related entity.
387 5. The buildout date of a development of regional impact,
388 including any extension of a buildout date that was previously
389 granted as specified in s. 380.06(7)(c).
390 6. The expiration of a development permit or development
391 agreement authorized by Florida Statutes, including those
392 authorized under the Florida Local Government Development
393 Agreement Act, or issued by a local government or other
394 governmental agency.
395 7. The formal determination of the delineation of the
396 extent of wetlands under s. 373.421.
397 Section 11. Subsection (4) of section 252.365, Florida
398 Statutes, is amended to read:
399 252.365 Emergency coordination officers; disaster
400 preparedness plans.—
401 (4) On or before May 1 of each year, the head of each
402 agency shall notify the Governor and the division in writing of
403 the person initially designated as the emergency coordination
404 officer for such agency and her or his alternate and of any
405 changes in persons so designated thereafter.
406 Section 12. Section 252.3655, Florida Statutes, is amended
407 to read:
408 252.3655 Natural hazards risks and mitigation interagency
409 coordinating group workgroup.—
410 (1)(a) An interagency coordinating group workgroup is
411 created for the purpose of sharing information on the current
412 and potential risks and impacts of natural hazards throughout
413 this the state, coordinating the ongoing efforts of state
414 agencies in addressing and mitigating the risks and impacts of
415 natural hazards, and collaborating on statewide initiatives to
416 address and mitigate the risks and impacts of natural hazards.
417 As used in this section, the term “natural hazards” includes,
418 but is not limited to, extreme heat, drought, wildfire, sea
419 level change, high tides, storm surge, saltwater intrusion,
420 stormwater runoff, flash floods, inland flooding, and coastal
421 flooding.
422 (b) The agency head, or his or her designated senior
423 manager, from each of the following agencies shall serve on the
424 coordinating group:
425 1. Chief Resilience Officer of the Statewide Office of
426 Resilience.
427 2. Department of Agriculture and Consumer Services.
428 3. Department of Commerce.
429 4. Department of Environmental Protection.
430 5. Department of Financial Services.
431 6. Department of Law Enforcement.
432 7. Department of Highway Safety and Motor Vehicles.
433 8. Department of Military Affairs.
434 9. Division of Emergency Management.
435 10. Department of Transportation.
436 11. Fish and Wildlife Conservation Commission.
437 12. Office of Insurance Regulation.
438 13. Public Service Commission.
439 14. Each water management district Each agency within the
440 executive branch of state government, each water management
441 district, and the Florida Public Service Commission shall select
442 from within such agency a person to be designated as the agency
443 liaison to the workgroup.
444 (c) The director of the Division of Emergency Management,
445 or his or her designee, shall serve as the administrator liaison
446 to and coordinator of the coordinating group workgroup.
447 (d) Each agency representative liaison shall provide
448 information from his or her respective agency, including all
449 relevant reports, on the current and potential risks and impacts
450 of natural hazards to this state to his or her agency, agency
451 resources available, and efforts made by the agency to address
452 and mitigate the risks and impacts of against natural hazards,
453 and efforts made by the agency to address the impacts of natural
454 hazards.
455 (e)1. The coordinating group workgroup shall meet in person
456 or by means of communications media technology as provided in s.
457 120.54(5)(b)2. at least teleconference on a quarterly basis to
458 share information, leverage agency resources, coordinate ongoing
459 efforts, and provide information for inclusion in the annual
460 progress report submitted pursuant to subsection (2). Agency
461 heads for the agencies listed in paragraph (b) shall meet in
462 person at least annually to collectively strategize and
463 prioritize state efforts.
464 2. Information regarding the coordinating group, including
465 meeting agendas and reports, must be posted in a conspicuous
466 location on the division’s website.
467 (2)(a) On behalf of the coordinating group workgroup, the
468 division of Emergency Management shall prepare an annual
469 progress report on the implementation of the state’s hazard
470 mitigation plan, developed and submitted in accordance with 42
471 U.S.C. s. 5165 and any implementing regulations, as it relates
472 to natural hazards. At a minimum, the annual progress report
473 must:
474 1. Assess each agency’s the relevance, level, and
475 significance of current agency efforts to address and mitigate
476 the risks and impacts of natural hazards; and
477 2. Strategize and prioritize ongoing efforts to address and
478 mitigate the risks and impacts of natural hazards;
479 3. Provide recommendations regarding statutory changes and
480 funding that may assist in addressing or mitigating the risks
481 and impacts of natural hazards; and
482 4. Provide recommendations for state and local natural
483 hazard mitigation strategies.
484 (b) Each liaison is responsible for ensuring that the
485 workgroup’s annual progress report is posted on his or her
486 agency’s website.
487 (c) By January 1 of each year, 2019, and each year
488 thereafter, the division on behalf of the coordinating group
489 workgroup shall submit the annual progress report to the
490 Governor, the President of the Senate, and the Speaker of the
491 House of Representatives.
492 Section 13. Paragraphs (c) and (d) of subsection (5) of
493 section 252.37, Florida Statutes, are redesignated as paragraphs
494 (d) and (e), respectively, a new paragraph (c) is added to that
495 subsection, and subsection (7) is added to that section, to
496 read:
497 252.37 Financing.—
498 (5) Unless otherwise specified in the General
499 Appropriations Act:
500 (c) If the division intends to accept or apply for federal
501 funds for a division-administered program that is new, that will
502 be implemented in a manner that is innovative or significantly
503 different from the manner in which the program is typically
504 administered, or that will require a state match for which the
505 division will be required to seek new budget authority, the
506 division must notify the Legislature of its intent to accept or
507 apply for the federal funds. The notice must detail the federal
508 program under which the funds will be accepted or applied for,
509 the intended purpose and use of the funds, and the amount of
510 funds, including the estimated state match.
511 (7) The division shall take steps to maximize the
512 availability and expedite the distribution of financial
513 assistance from the Federal Government to state and local
514 agencies. Such steps must include the standardization and
515 streamlining of the application process for financial assistance
516 through the federal Public Assistance Program and provision of
517 assistance to applicants in order to mitigate the risk of
518 noncompliance with federal program requirements. The division
519 shall use federal funds allocated as management costs or other
520 funds as appropriated to implement this subsection.
521 Section 14. Paragraph (a) of subsection (2) of section
522 252.373, Florida Statutes, is amended to read:
523 252.373 Allocation of funds; rules.—
524 (2) The division shall allocate funds from the Emergency
525 Management, Preparedness, and Assistance Trust Fund to local
526 emergency management agencies and programs pursuant to criteria
527 specified in rule. Such rules shall include, but are not limited
528 to:
529 (a) Requiring that, at a minimum, a local emergency
530 management agency either:
531 1. Have a program director who works at least 40 hours a
532 week in that capacity; or
533 2. If the county has fewer than 75,000 population or is
534 party to an interjurisdictional emergency management agreement
535 entered into pursuant to s. 252.38(3)(c) s. 252.38(3)(b), that
536 is recognized by the Governor by executive order or rule, have
537 an emergency management coordinator who works at least 20 hours
538 a week in that capacity.
539 Section 15. Paragraphs (a) and (b) of subsection (3) of
540 section 252.38, Florida Statutes, are redesignated as paragraphs
541 (b) and (c), respectively, a new paragraph (a) is added to that
542 subsection, and paragraph (a) of subsection (1) is amended, to
543 read:
544 252.38 Emergency management powers of political
545 subdivisions.—Safeguarding the life and property of its citizens
546 is an innate responsibility of the governing body of each
547 political subdivision of the state.
548 (1) COUNTIES.—
549 (a) In order to provide effective and orderly governmental
550 control and coordination of emergency operations in emergencies
551 within the scope of ss. 252.31-252.90, each county within this
552 state shall be within the jurisdiction of, and served by, the
553 division. Except as otherwise provided in ss. 252.31-252.90,
554 each local emergency management agency shall have jurisdiction
555 over and serve an entire county. Unless part of an
556 interjurisdictional emergency management agreement entered into
557 pursuant to paragraph (3)(c) (3)(b) which is recognized by the
558 Governor by executive order or rule, each county must establish
559 and maintain such an emergency management agency and shall
560 develop a county emergency management plan and program that is
561 coordinated and consistent with the state comprehensive
562 emergency management plan and program. Counties that are part of
563 an interjurisdictional emergency management agreement entered
564 into pursuant to paragraph (3)(c) (3)(b) which is recognized by
565 the Governor by executive order or rule shall cooperatively
566 develop an emergency management plan and program that is
567 coordinated and consistent with the state comprehensive
568 emergency management plan and program.
569 (3) EMERGENCY MANAGEMENT POWERS; POLITICAL SUBDIVISIONS.—
570 (a) Each political subdivision shall notify the division on
571 or before May 1 each year of the person designated as the
572 emergency contact for the political subdivision and his or her
573 alternate and of any changes in persons so designated
574 thereafter. For a county, the emergency contact must be the
575 county emergency management director.
576 Section 16. Section 252.381, Florida Statutes, is created
577 to read:
578 252.381 Information related to natural emergencies;
579 poststorm county and municipal permitting; operations.—
580 (1) Each county and municipality must post on its publicly
581 accessible website:
582 (a) A frequently asked questions web page related to
583 natural emergency response, emergency preparedness, and public
584 relief for residents following an emergency. The web page must
585 answer questions concerning resident evacuations; safety tips;
586 generator, food and drinking water, and wastewater and
587 stormwater safety; damage assessment; debris cleanup; accessing
588 assistance through the Federal Emergency Management Agency and
589 this state; building recovery; natural emergency guidance;
590 applicable laws; and what to do before, during, and after an
591 emergency.
592 (b) A disaster supply list and a list of emergency
593 shelters.
594 (c) Links to information about flood zones.
595 (d) A checklist for residents explaining next steps to take
596 during postdisaster recovery.
597 (e) Information specific to persons with disabilities,
598 including, but not limited to, guidelines for special needs
599 shelter registration; an explanation of how to register for
600 special needs shelters and where to obtain assistance with that
601 process; guidelines as to the level of care that is or is not
602 provided at a special needs shelter as well as situations when
603 either a general population shelter or hospital should be
604 considered; and any other postdisaster assistance or resources
605 available to affected persons with disabilities impacted by a
606 disaster.
607 (2)(a) Each county and municipality shall develop a
608 poststorm permitting plan to expedite recovery and rebuilding by
609 providing for special building permit and inspection procedures
610 after a hurricane or tropical storm. The plan must, at a
611 minimum:
612 1. Ensure sufficient personnel are prepared and available
613 to expeditiously manage postdisaster building inspection,
614 permitting, and enforcement tasks. The plan must anticipate
615 conditions that would necessitate supplemental personnel for
616 such tasks and address methods for fulfilling such personnel
617 needs, including through mutual aid agreements as authorized in
618 s. 252.40, other arrangements, such as those with private sector
619 contractors, or supplemental state or federal funding. The plan
620 must include training requirements and protocols for
621 supplemental personnel to ensure compliance with local
622 floodplain management requirements that apply within the county
623 or municipality.
624 2. Account for multiple or alternate locations where
625 building permit services may be offered in person to the public
626 following a hurricane or tropical storm during regular business
627 hours.
628 3. Specify a protocol to expedite permitting procedures
629 and, if practicable, for the waiver or reduction of applicable
630 fees in accordance with and in addition to the procedures and
631 waivers provided for under s. 553.7922. The plan must identify
632 the types of permits that are frequently requested following a
633 hurricane or tropical storm and methods to expedite the
634 processing of such permits.
635 4. Specify procedures and resources necessary to promote
636 expeditious debris removal following a hurricane or tropical
637 storm.
638 (b) Each county and municipality shall update the plan no
639 later than May 1 annually.
640 (3)(a) By May 1 annually, each county and municipality
641 shall publish on its website a hurricane and tropical storm
642 recovery permitting guide for residential and commercial
643 property owners. The guide must describe:
644 1. The types of poststorm repairs that require a permit and
645 applicable fees.
646 2. The types of poststorm repairs that do not require a
647 permit.
648 3. The poststorm permit application process and specific
649 modifications the county or municipality commonly makes to
650 expedite the process, including the physical locations where
651 permitting services will be offered.
652 4. Local requirements for rebuilding specific to the county
653 or municipality, including elevation requirements following
654 substantial damage and substantial improvement pursuant to the
655 National Flood Insurance Program (NFIP) and any local amendments
656 to the building code.
657 (b) As soon as practicable following a hurricane or
658 tropical storm, a county or municipality within the area for
659 which a state of emergency pursuant to s. 252.36 for such
660 hurricane or tropical storm is declared shall publish updates on
661 its website to the information required under paragraph (a)
662 which are specific to such storm, including any permitting fee
663 waivers or reductions.
664 (4) For 180 days after a state of emergency is declared
665 pursuant to s. 252.36 for a hurricane or tropical storm, a
666 county or municipality within the area for which the state of
667 emergency is declared may not increase building permit or
668 inspection fees.
669 (5) On or before May 1, 2026, each county and municipality
670 must provide an online option for receiving, reviewing, and
671 accessing substantial damage and substantial improvement
672 letters. The county or municipality must allow homeowners to
673 provide an e-mail address where they can receive digital copies
674 of such letters.
675 (6) As soon as reasonably practicable following the
676 landfall and passage of a hurricane or tropical storm, each
677 county and municipality that has experienced a direct impact
678 from a natural emergency must use its best efforts to open a
679 permitting office at which residents can access government
680 services for at least 40 hours per week.
681 Section 17. Subsections (2) and (3) of section 252.385,
682 Florida Statutes, are amended to read:
683 252.385 Public shelter space; public records exemption.—
684 (2)(a) The division shall administer a program to survey
685 existing schools, universities, community colleges, and other
686 state-owned, municipally owned, and county-owned public
687 buildings and any private facility that the owner, in writing,
688 agrees to provide for use as a public hurricane evacuation
689 shelter to identify those that are appropriately designed and
690 located to serve as such shelters. The owners of the facilities
691 must be given the opportunity to participate in the surveys. The
692 state university boards of trustees, district school boards,
693 community college boards of trustees, and the Department of
694 Education are responsible for coordinating and implementing the
695 survey of public schools, universities, and community colleges
696 with the division or the local emergency management agency.
697 (b) By January 31 of each even-numbered year, the division
698 shall prepare and submit a statewide emergency shelter plan to
699 the Governor and Cabinet for approval, subject to the
700 requirements for approval in s. 1013.37(2). The emergency
701 shelter plan must project, for each of the next 5 years, the
702 hurricane shelter needs of the state, including periods of time
703 during which a concurrent public health emergency may
704 necessitate more space for each individual to accommodate
705 physical distancing. In addition to information on the general
706 shelter needs throughout this state, the plan must identify the
707 general location and square footage of special needs shelters,
708 by regional planning council region. The plan must also include
709 information on the availability of shelters that accept pets.
710 The Department of Health shall assist the division in
711 determining the estimated need for special needs shelter space
712 and the adequacy of facilities to meet the needs of persons with
713 special needs based on information from the registries of
714 persons with special needs and other information.
715 (3)(a) The division shall annually provide by October 15 to
716 the Governor, the President of the Senate, and the Speaker of
717 the House of Representatives a report that includes, and the
718 Governor a list of facilities recommended to be retrofitted
719 using state funds. State funds should be maximized and targeted
720 to projects in counties regional planning council regions with
721 hurricane evacuation shelter deficits. Additionally, the
722 division shall prioritize on the list of recommended facilities
723 other state-owned, municipal-owned, and county-owned public
724 buildings, other than schools, for retrofitting using state
725 funds. The owner or lessee of a public hurricane evacuation
726 shelter that is included on the list of facilities recommended
727 for retrofitting is not required to perform any recommended
728 improvements.
729 (b) The report required in paragraph (a) must include a
730 statewide emergency shelter plan that must project, for each of
731 the next 5 years, the hurricane shelter needs of the state. In
732 addition to information on the general shelter needs throughout
733 this state, the plan must identify, by county, the general
734 location and square footage of special needs shelters. The plan
735 must also include information on the availability of shelters
736 that accept pets. The Department of Health and the Agency for
737 Persons with Disabilities shall assist the division in
738 determining the estimated need for special needs shelter space,
739 the estimated need for general shelter space to accommodate
740 persons with developmental disabilities, including, but not
741 limited to, autism, and the adequacy of facilities to meet the
742 needs of persons with special needs based on information from
743 the registries of persons with special needs and other
744 information.
745 Section 18. Section 252.422, Florida Statutes, is created
746 to read:
747 252.422 Restrictions on county or municipal regulations
748 after a hurricane.—
749 (1) As used in this section, the term “impacted local
750 government” means a county listed in a federal disaster
751 declaration located entirely or partially within 100 miles of
752 the track of a storm declared to be a hurricane by the National
753 Hurricane Center while the storm was categorized as a hurricane
754 or a municipality located within such a county.
755 (2) For 1 year after a hurricane makes landfall, an
756 impacted local government may not propose or adopt:
757 (a) A moratorium on construction, reconstruction, or
758 redevelopment of any property.
759 (b) A more restrictive or burdensome amendment to its
760 comprehensive plan or land development regulations.
761 (c) A more restrictive or burdensome procedure concerning
762 review, approval, or issuance of a site plan, development
763 permit, or development order, to the extent that those terms are
764 defined in s. 163.3164.
765 (3) Notwithstanding subsection (2), a comprehensive plan
766 amendment, land development regulation amendment, site plan,
767 development permit, or development order approved or adopted by
768 an impacted local government before or after the effective date
769 of this act may be enforced if:
770 (a) The associated application is initiated by a private
771 party other than the impacted local government and the property
772 that is the subject of the application is owned by the
773 initiating private party;
774 (b) The proposed comprehensive plan amendment was submitted
775 to reviewing agencies pursuant to s. 163.3184 before landfall;
776 or
777 (c) The proposed comprehensive plan amendment or land
778 development regulation is approved by the state land planning
779 agency pursuant to s. 380.05.
780 (4)(a) Any person may file suit against any impacted local
781 government for declaratory and injunctive relief to enforce this
782 section.
783 (b) A county or municipality may request a determination by
784 a court of competent jurisdiction as to whether such action
785 violates this section. Upon such a request, the county or
786 municipality may not enforce the action until the court has
787 issued a preliminary or final judgment determining whether the
788 action violates this section.
789 (c) Before a plaintiff may file suit, the plaintiff shall
790 notify the impacted local government by setting forth the facts
791 upon which the complaint or petition is based and the reasons
792 the impacted local government’s action violates this section.
793 Upon receipt of the notice, the impacted local government shall
794 have 14 days to withdraw or revoke the action at issue or
795 otherwise declare it void. If the impacted local government does
796 not withdraw or revoke the action at issue within the time
797 prescribed, the plaintiff may file suit. The plaintiff shall be
798 entitled to entry of a preliminary injunction to prevent the
799 impacted local government from implementing the challenged
800 action during pendency of the litigation. In any action
801 instituted pursuant to this paragraph, the prevailing plaintiff
802 shall be entitled to reasonable attorney fees and costs.
803 (d) In any case brought under this section, all parties are
804 entitled to the summary procedure provided in s. 51.011, and the
805 court shall advance the cause on the calendar.
806 (5) The Office of Program Policy Analysis and Government
807 Accountability (OPPAGA) shall conduct a study on actions taken
808 by local governments after hurricanes which are related to
809 comprehensive plans, land development regulations, and
810 procedures for review, approval, or issuance of site plans,
811 permits, or development orders. The study must focus on the
812 impact that local governmental actions, including moratoriums,
813 ordinances, and procedures, have had or may have on
814 construction, reconstruction, or redevelopment of any property
815 damaged by hurricanes. In its research, OPPAGA shall survey
816 stakeholders that play integral parts in the rebuilding and
817 recovery process. OPPAGA shall make recommendations for
818 legislative options to remove impediments to the construction,
819 reconstruction, or redevelopment of any property damaged by a
820 hurricane and prevent the implementation by local governments of
821 burdensome or restrictive procedures and processes. OPPAGA shall
822 submit the report to the President of the Senate and the Speaker
823 of the House of Representatives by December 1, 2025.
824 Section 19. Effective January 1, 2026, section 252.505,
825 Florida Statutes, is created to read:
826 252.505 Breach of contract during emergency recovery
827 periods for natural emergencies.—Each state or local government
828 contract for goods or services related to emergency response for
829 a natural emergency entered into, renewed, or amended on or
830 after July 1, 2025, must include a provision that requires a
831 vendor or service provider that breaches such contract during an
832 emergency recovery period to pay a $5,000 penalty and damages,
833 which may be either actual and consequential damages or
834 liquidated damages. As used in this section, the term “emergency
835 recovery period” means a 1-year period that begins on the date
836 that the Governor initially declared a state of emergency for a
837 natural emergency.
838 Section 20. Subsection (4) is added to section 373.423,
839 Florida Statutes, to read:
840 373.423 Inspection.—
841 (4)(a) By September 1, 2026, the department shall submit a
842 Flood Inventory and Restoration Report to the Division of
843 Emergency Management. The department must work with water
844 management districts, local governments, and operators of public
845 and private stormwater management systems to compile the
846 necessary information for the report, which must:
847 1. Identify priority infrastructure needs within each water
848 management district jurisdiction that may result in flooding or
849 property damage or threaten human health if left unaddressed;
850 2. Identify locations that have both historic flooding
851 occurrences, based on flood zones identified by the Federal
852 Emergency Management Agency, and the potential to flood from
853 future significant storm events, such as hurricanes and tropical
854 storms;
855 3. For each location identified in subparagraph 1. or
856 subparagraph 2., include an inspection and maintenance schedule
857 and specific information on the age of the infrastructure,
858 upstream impacts, and other factors that may lead to system
859 failure if unaddressed; and
860 4. Include a list of facilities prioritized for funding to
861 address flooding issues.
862 (b) The owner of any priority infrastructure identified in
863 the report must submit an inspection and maintenance schedule to
864 the department.
865 (c) The department must review and update the report on a
866 biannual basis. The report must provide information regarding
867 compliance with the inspection and maintenance schedules,
868 include any additional revisions based on storm event
869 experience, and revise the list of facilities as new flooding
870 events take place and new projects are implemented to alleviate
871 infrastructure deficiencies which led to flooding events. The
872 department must submit an updated report to the Division of
873 Emergency Management by September 1 of each year in which the
874 report is due.
875 Section 21. Paragraph (a) of subsection (9) of section
876 380.0552, Florida Statutes, is amended to read:
877 380.0552 Florida Keys Area; protection and designation as
878 area of critical state concern.—
879 (9) MODIFICATION TO PLANS AND REGULATIONS.—
880 (a) Any land development regulation or element of a local
881 comprehensive plan in the Florida Keys Area may be enacted,
882 amended, or rescinded by a local government, but the enactment,
883 amendment, or rescission becomes effective only upon approval by
884 the state land planning agency. The state land planning agency
885 shall review the proposed change to determine if it is in
886 compliance with the principles for guiding development specified
887 in chapter 27F-8, Florida Administrative Code, as amended
888 effective August 23, 1984, and must approve or reject the
889 requested changes within 60 days after receipt. Amendments to
890 local comprehensive plans in the Florida Keys Area must also be
891 reviewed for compliance with the following:
892 1. Construction schedules and detailed capital financing
893 plans for wastewater management improvements in the annually
894 adopted capital improvements element, and standards for the
895 construction of wastewater treatment and disposal facilities or
896 collection systems that meet or exceed the criteria in s.
897 403.086(11) for wastewater treatment and disposal facilities or
898 s. 381.0065(4)(l) for onsite sewage treatment and disposal
899 systems.
900 2. Goals, objectives, and policies to protect public safety
901 and welfare in the event of a natural disaster by maintaining a
902 hurricane evacuation clearance time for permanent residents of
903 no more than 24.5 24 hours. The hurricane evacuation clearance
904 time shall be determined by a hurricane evacuation study
905 conducted in accordance with a professionally accepted
906 methodology and approved by the state land planning agency. For
907 purposes of hurricane evacuation clearance time:
908 a. Mobile home residents are not considered permanent
909 residents.
910 b. The City of Key West Area of Critical State Concern
911 established by chapter 28-36, Florida Administrative Code, shall
912 be included in the hurricane evacuation study and is subject to
913 the evacuation requirements of this subsection.
914 Section 22. The Department of Commerce shall conduct
915 baseline modeling scenarios and gather data in order to
916 determine a number of building permit allocations to be
917 distributed in the Florida Keys Area based upon the hurricane
918 evacuation clearance time provided in s. 380.0552(9)(a), Florida
919 Statutes, as amended by this act. The permit allocations must be
920 distributed to counties and municipalities based on the number
921 of vacant buildable lots within each jurisdiction. The permit
922 allocations must be distributed over a period of at least 10
923 years but may not exceed 900 total permit allocations. All
924 permits must be issued for vacant, buildable parcels, of which
925 only one may be awarded for any individual parcel, and the
926 distribution of which must prioritize allocations for owner
927 occupied residences, affordable housing, and workforce housing.
928 Section 23. Subsection (1) of section 400.063, Florida
929 Statutes, is amended to read:
930 400.063 Resident protection.—
931 (1) The Health Care Trust Fund shall be used for the
932 purpose of collecting and disbursing funds generated from the
933 license fees and administrative fines as provided for in ss.
934 393.0673(5), 400.062(3), 400.121(2), and 400.23(8). Such funds
935 shall be for the sole purpose of paying for the appropriate
936 alternate placement, care, and treatment of residents who are
937 removed from a facility licensed under this part or a facility
938 specified in s. 393.0678(1) in which the agency determines that
939 existing conditions or practices constitute an immediate danger
940 to the health, safety, or security of the residents. If the
941 agency determines that it is in the best interest of the health,
942 safety, or security of the residents to provide for an orderly
943 removal of the residents from the facility, the agency may
944 utilize such funds to maintain and care for the residents in the
945 facility pending removal and alternative placement. The
946 maintenance and care of the residents shall be under the
947 direction and control of a receiver appointed pursuant to s.
948 393.0678(1) or s. 400.126(1). However, funds may be expended in
949 an emergency upon a filing of a petition for a receiver, upon
950 the declaration of a state of local emergency pursuant to s.
951 252.38(3)(b)5. s. 252.38(3)(a)5., or upon a duly authorized
952 local order of evacuation of a facility by emergency personnel
953 to protect the health and safety of the residents.
954 Section 24. Subsection (7) of section 403.7071, Florida
955 Statutes, is amended, and subsection (8) is added to that
956 section, to read:
957 403.7071 Management of storm-generated debris.—Solid waste
958 generated as a result of a storm event that is the subject of an
959 emergency order issued by the department may be managed as
960 follows:
961 (7) Unless otherwise specified in a contract or franchise
962 agreement between a local government and a private solid waste
963 or debris management service provider, a private solid waste or
964 debris management service provider is not required to collect
965 storm-generated yard trash, debris, or waste. Local governments
966 are authorized and encouraged to add an addendum to existing
967 contracts or franchise agreements for collection of storm
968 generated debris.
969 (8)(a) Each county and municipality shall apply to the
970 department for authorization of at least one debris management
971 site as described in subsection (2) and shall annually seek
972 preauthorization for any previously approved debris management
973 sites, as allowed by the department.
974 (b) A municipality may jointly apply for authorization of a
975 debris management site with a county or at least one adjacent
976 municipality, if the parties develop and approve a memorandum of
977 understanding. Such memorandum must clearly outline the capacity
978 of the debris management site and location of the site relative
979 to each party. The memorandum of understanding must be approved
980 annually as part of the preauthorization process described in
981 paragraph (a).
982 Section 25. Section 489.1132, Florida Statutes, is created
983 to read:
984 489.1132 Regulation of hoisting equipment used in
985 construction, demolition, or excavation work during a
986 hurricane.—
987 (1) As used in this section, the term:
988 (a) “Controlling entity” means the general contractor,
989 prime contractor, or construction manager with overall
990 responsibility for a construction project.
991 (b) “Hoisting equipment” means power-operated cranes,
992 derricks, and hoists used in construction, demolition, or
993 excavation work that are regulated by the Occupational Safety
994 and Health Administration.
995 (c) “Mobile crane” means a type of hoisting equipment
996 incorporating a cable-suspended latticed boom or hydraulic
997 telescoping boom designed to be moved between operating
998 locations by transport over a roadway. The term does not include
999 a mobile crane with a boom length of less than 25 feet or a
1000 maximum rated load capacity of less than 15,000 pounds.
1001 (d) “Tower crane” means a type of hoisting equipment using
1002 a vertical mast or tower to support a working boom in an
1003 elevated position if the working boom can rotate to move loads
1004 laterally either by rotating at the top of the mast or tower or
1005 by the rotation of the mast or tower itself, whether the mast or
1006 tower base is fixed in one location or ballasted and moveable
1007 between locations.
1008 (2)(a) When a tower crane or mobile crane is located on a
1009 worksite, a hurricane preparedness plan for the crane must be
1010 available for inspection at the worksite.
1011 (b) In preparation for a hurricane, the controlling entity
1012 must ensure that hoisting equipment is secured in the following
1013 manner no later than 24 hours before the impacts of the
1014 hurricane are anticipated to begin:
1015 1. All hoisting equipment must be secured in compliance
1016 with manufacturer recommendations relating to hurricane and
1017 high-wind events, including any recommendations relating to the
1018 placement, use, and removal of advertising banners and rigging.
1019 2. Tower crane turntables must be lubricated before the
1020 event.
1021 3. Fixed booms on mobile cranes must be laid down whenever
1022 feasible.
1023 4. Booms on hydraulic cranes must be retracted and stored.
1024 5. The counterweights of any hoists must be locked below
1025 the top tie-in.
1026 6. Tower cranes must be set in the weathervane position.
1027 7. All rigging must be removed from hoist blocks.
1028 8. All power at the base of tower cranes must be
1029 disconnected.
1030 (3) A person licensed under this part who intentionally
1031 violates this section is subject to discipline under ss. 455.227
1032 and 489.129.
1033 (4) The Florida Building Commission shall establish best
1034 practices for the utilization of tower cranes and hoisting
1035 equipment on construction job sites during hurricane season and
1036 report its findings to the Legislature by December 31, 2026.
1037 Section 26. Subsection (6) of section 553.902, Florida
1038 Statutes, is amended to read:
1039 553.902 Definitions.—As used in this part, the term:
1040 (6) “Renovated building” means a residential or
1041 nonresidential building undergoing alteration that varies or
1042 changes insulation, HVAC systems, water heating systems, or
1043 exterior envelope conditions, if the estimated cost of
1044 renovation exceeds 30 percent of the assessed value of the
1045 structure. However, if the alteration is a result of a natural
1046 disaster that is the subject of a declaration of a state of
1047 emergency by the Governor, the estimated cost of renovation must
1048 exceed 75 percent of the fair market value of the building
1049 before the natural disaster.
1050 Section 27. The Division of Emergency Management shall
1051 consult with local governments, the Department of Business and
1052 Professional Regulation, the Department of Environmental
1053 Protection, and any other appropriate agencies to develop
1054 recommendations for statutory changes necessary to streamline
1055 the permitting process for repairing and rebuilding structures
1056 damaged during natural emergencies. By July 1, 2026, the
1057 division shall provide a report containing such recommendations
1058 to the President of the Senate and the Speaker of the House of
1059 Representatives.
1060 Section 28. (1) Each county listed in the Federal Disaster
1061 Declaration for Hurricane Debby (DR-4806), Hurricane Helene (DR
1062 4828), or Hurricane Milton (DR-4834), and each municipality
1063 within one of those counties, may not propose or adopt any
1064 moratorium on construction, reconstruction, or redevelopment of
1065 any property damaged by such hurricanes; propose or adopt more
1066 restrictive or burdensome amendments to its comprehensive plan
1067 or land development regulations; or propose or adopt more
1068 restrictive or burdensome procedures concerning review,
1069 approval, or issuance of a site plan, development permit, or
1070 development order, to the extent that those terms are defined by
1071 s. 163.3164, Florida Statutes, before October 1, 2027, and any
1072 such moratorium or restrictive or burdensome comprehensive plan
1073 amendment, land development regulation, or procedure shall be
1074 null and void ab initio. This subsection applies retroactively
1075 to August 1, 2024.
1076 (2) Notwithstanding subsection (1), any comprehensive plan
1077 amendment, land development regulation amendment, site plan,
1078 development permit, or development order approved or adopted by
1079 a county or municipality before or after the effective date of
1080 this act may be enforced if:
1081 (a) The associated application is initiated by a private
1082 party other than the county or municipality.
1083 (b) The property that is the subject of the application is
1084 owned by the initiating private party.
1085 (3)(a) A resident of or the owner of a business in a county
1086 or municipality may bring a civil action for declaratory and
1087 injunctive relief against the county or municipality for a
1088 violation of this section. Pending adjudication of the action
1089 and upon filing of a complaint showing a violation of this
1090 section, the resident or business owner is entitled to a
1091 preliminary injunction against the county or municipality
1092 preventing implementation of the moratorium or the comprehensive
1093 plan amendment, land development regulation, or procedure. If
1094 such civil action is successful, the resident or business owner
1095 is entitled to reasonable attorney fees and costs.
1096 (b) Attorney fees and costs and damages may not be awarded
1097 pursuant to this subsection if:
1098 1. The resident or business owner provides the governing
1099 body of the county or municipality written notice that a
1100 proposed or enacted moratorium, comprehensive plan amendment,
1101 land development regulation, or procedure is in violation of
1102 this section; and
1103 2. The governing body of the county or municipality
1104 withdraws the proposed moratorium, comprehensive plan amendment,
1105 land development regulation, or procedure within 14 days; or, in
1106 the case of an adopted moratorium, comprehensive plan amendment,
1107 land development regulation, or procedure, the governing body of
1108 a county or municipality notices an intent to repeal within 14
1109 days after receipt of the notice and repeals the moratorium,
1110 comprehensive plan amendment, land development regulation, or
1111 procedure within 14 days thereafter.
1112 (4) This section expires June 30, 2028.
1113 Section 29. The Division of Law Revision is directed to
1114 replace the phrase “the effective date of this act” wherever it
1115 occurs in this act with the date this act becomes a law.
1116 Section 30. Except as otherwise provided in this act, this
1117 act shall take effect upon becoming a
1118
1119 ================= T I T L E A M E N D M E N T ================
1120 And the title is amended as follows:
1121 Delete lines 1201 - 1398
1122 and insert:
1123 193.155, F.S.; revising the square footage limitations
1124 for certain changes, additions, and improvements to
1125 damaged property; amending s. 215.559, F.S.; removing
1126 a reference to a certain report; revising public
1127 hurricane shelter funding prioritization requirements
1128 for the Division of Emergency Management; amending s.
1129 250.375, F.S.; authorizing certain servicemembers to
1130 provide medical care in specified circumstances;
1131 amending s. 252.35, F.S.; revising requirements for
1132 the state comprehensive emergency management plan;
1133 requiring such plan to include an update on the status
1134 of certain emergency management capabilities;
1135 requiring the division to collaborate with the
1136 Department of Health; revising responsibilities of the
1137 division; requiring the division to develop a certain
1138 template; revising the purpose of certain training
1139 programs; requiring the division to set the minimum
1140 number of training hours that specified individuals
1141 must complete biennially; authorizing such training to
1142 be provided by certain entities; requiring the
1143 division to conduct an annual hurricane readiness
1144 session in each region designated by the division for
1145 a specified purpose; requiring all county emergency
1146 management directors, and authorizing other county and
1147 municipal personnel, to attend such session; requiring
1148 that the session include specified topics and needs;
1149 removing a specified reporting requirement; amending
1150 s. 252.355, F.S.; authorizing the Department of
1151 Veterans’ Affairs to provide certain information to
1152 specified clients or their caregivers; requiring the
1153 Florida Housing Finance Corporation to enter into
1154 memoranda of understanding with specified agencies for
1155 a certain purpose; providing that specified persons
1156 may use special needs shelters in certain
1157 circumstances; amending s. 252.3611, F.S.; directing
1158 specified entities to submit specified contracts and
1159 reports to the Legislature under specified conditions;
1160 requiring such contracts to be posted on a specified
1161 secure contract system; requiring the division to
1162 report annually to the Legislature specified
1163 information on expenditures relating to emergencies;
1164 providing requirements for such report; amending s.
1165 252.363, F.S.; providing for the tolling and extension
1166 of certain determinations; providing for retroactive
1167 application; amending s. 252.365, F.S.; requiring
1168 agency heads to notify the Governor and the division
1169 of the person designated as the emergency coordination
1170 officer annually by a specified date; amending s.
1171 252.3655, F.S.; creating the natural hazards risks and
1172 mitigation interagency coordinating group; providing
1173 the purpose of the group; providing for the membership
1174 and administration of the group; requiring agency
1175 representatives to provide information relating to
1176 natural hazards to this state, agency resources, and
1177 efforts to address and mitigate risks and impacts of
1178 natural hazards; requiring the group to meet in person
1179 or by communications media technology at least
1180 quarterly for specified purposes; requiring specified
1181 agency heads to meet at least annually to strategize
1182 and prioritize state efforts; requiring the division,
1183 on behalf of the group, to prepare an annual progress
1184 report and submit such report to the Governor and
1185 Legislature; revising requirements for such report;
1186 amending s. 252.37, F.S.; requiring the division to
1187 notify the Legislature of its intent to accept or
1188 apply for federal funds under certain circumstances;
1189 requiring the division to take steps to maximize the
1190 availability and expedite the distribution of
1191 financial assistance from the Federal Government to
1192 state and local agencies; requiring that such steps
1193 include the standardization and streamlining of the
1194 application process for federal financial assistance
1195 and the provision of assistance to applicants for a
1196 specified purpose; requiring the division to use
1197 certain federal funds to implement such requirements;
1198 amending s. 252.373, F.S.; conforming a cross
1199 reference; amending s. 252.38, F.S.; requiring
1200 political subdivisions to annually provide specified
1201 notification to the division before a specified date;
1202 creating s. 252.381, F.S.; requiring counties and
1203 municipalities to post certain information on their
1204 websites; requiring counties and municipalities to
1205 develop a poststorm permitting plan; providing
1206 requirements for such plan; requiring counties and
1207 municipalities to update such plan by a specified date
1208 annually; requiring counties and municipalities to
1209 publish on their websites a specified storm recovery
1210 guide by a specified date annually; providing
1211 requirements for such guide; requiring certain
1212 counties and municipalities to publish on their
1213 websites updates to such guide as soon as practicable
1214 following a storm; prohibiting certain counties and
1215 municipalities from increasing building permit or
1216 inspection fees within a specified timeframe;
1217 requiring counties and municipalities to allow
1218 individuals to receive certain letters electronically
1219 on or before a specified date; requiring certain
1220 counties and municipalities to use their best efforts
1221 to open a permitting office for a minimum number of
1222 hours per week; amending s. 252.385, F.S.; revising
1223 reporting requirements for the division; revising
1224 requirements for a specified list; requiring the
1225 Department of Health and the Agency for Persons with
1226 Disabilities to assist the division with certain
1227 determinations; creating s. 252.422, F.S.; defining
1228 the term “impacted local government”; prohibiting
1229 impacted local governments from proposing or adopting
1230 certain moratoriums, amendments, or procedures for a
1231 specified timeframe; authorizing the enforcement of
1232 certain amendments, plans, permits, and orders under
1233 certain circumstances; authorizing any person to file
1234 suit to enforce specified provisions; authorizing
1235 counties and municipalities to request a specified
1236 determination by a court; prohibiting counties and
1237 municipalities from taking certain actions until the
1238 court has issued a preliminary or final judgment;
1239 requiring plaintiffs to provide certain notification
1240 before filing suit; requiring impacted local
1241 governments to take certain actions upon receipt of
1242 such notification or a suit may be filed; providing
1243 for reasonable attorney fees and costs; authorizing
1244 the use of a certain summary procedure; requiring the
1245 court to advance the cause on the calendar; requiring
1246 the Office of Program Policy Analysis and Government
1247 Accountability to conduct a study on certain local
1248 government actions after hurricanes; specifying
1249 requirements for the study and legislative
1250 recommendations; requiring the office to submit a
1251 report to the Legislature by a specified date;
1252 creating s. 252.505, F.S.; requiring that certain
1253 contracts include a specified provision; defining the
1254 term “emergency recovery period”; amending s. 373.423,
1255 F.S.; requiring the Department of Environmental
1256 Protection to submit a Flood Inventory and Restoration
1257 Report to the division by a specified date; requiring
1258 the department to work with specified entities to
1259 compile information for the report; providing
1260 specifications for the report; requiring the owner of
1261 certain infrastructure to submit certain information
1262 to the department; requiring the department to review
1263 and update the report biannually; requiring the
1264 department to submit an updated report to the division
1265 by a specified date; amending s. 380.0552, F.S.;
1266 revising the maximum evacuation clearance time for
1267 permanent residents of the Florida Keys Area, which
1268 time is an element for which amendments to local
1269 comprehensive plans in the Florida Keys Area must be
1270 reviewed for compliance; requiring the Department of
1271 Commerce to conduct baseline modeling scenarios and
1272 gather data to determine the number of building permit
1273 allocations for distribution in the Florida Keys Area;
1274 requiring that such allocations be distributed in a
1275 specified manner and over a specified timeframe;
1276 prohibiting such allocations from exceeding a
1277 specified number; requiring that permits be issued for
1278 certain parcels and the distribution of such permits
1279 prioritize specified allocations; amending s. 400.063,
1280 F.S.; conforming a cross-reference; amending s.
1281 403.7071, F.S.; providing that local governments are
1282 authorized and encouraged to add certain addendums to
1283 certain contracts and agreements; requiring counties
1284 and municipalities to apply to the department for
1285 authorization to designate at least one debris
1286 management site; authorizing municipalities to apply
1287 jointly with a county or adjacent municipality for
1288 authorization of a debris management site if such
1289 entities approve a memorandum of understanding;
1290 providing requirements for such memorandum; creating
1291 s. 489.1132, F.S.; providing definitions; requiring a
1292 hurricane preparedness plan to be available for
1293 inspection at certain worksites; requiring certain
1294 equipment to be secured in a specified manner no later
1295 than 24 hours before the impacts of a hurricane are
1296 anticipated to begin; providing penalties; requiring
1297 the Florida Building Commission to establish specified
1298 best practices and report findings to the Legislature
1299 by a specified date; amending s. 553.902, F.S.;
1300 revising the definition of the term “renovated
1301 building”; requiring the division to consult with
1302 specified entities to develop certain recommendations
1303 and provide a report to the Legislature by a specified
1304 date; prohibiting certain counties from proposing or
1305 adopting certain moratoriums, amendments, or
1306 procedures for a specified timeframe; declaring that
1307 such moratoriums, amendments, or procedures are null
1308 and void; providing for retroactive application;
1309 authorizing the enforcement of certain amendments,
1310 plans, permits, and orders under certain
1311 circumstances; authorizing certain residents and
1312 business owners to bring a civil action for
1313 declaratory and injunctive relief against a county or
1314 municipality that violates specified provisions;
1315 providing for reasonable attorney fees and costs under
1316 specified circumstances; providing for future
1317 expiration; providing a directive to the Division of
1318 Law Revision; providing effective dates.