Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 180
Ì525210aÎ525210
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/13/2025 .
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The Committee on Community Affairs (DiCeglie) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (23) is added to section 161.101,
6 Florida Statutes, to read:
7 161.101 State and local participation in authorized
8 projects and studies relating to beach management and erosion
9 control.—
10 (23) Notwithstanding subsections (1), (15), and (16), and
11 for the 2025-2026 fiscal year, for beaches located in any county
12 listed in a federal declaration of disaster in 2024 that were
13 impacted by erosion caused by Hurricane Debby, Hurricane Helene,
14 or Hurricane Milton, the department may waive or reduce the
15 match requirements for local governments. This subsection
16 expires July 1, 2026.
17 Section 2. Effective upon becoming a law, section 193.4518,
18 Florida Statutes, is amended to read:
19 193.4518 Assessment of agricultural equipment rendered
20 unable to be used due to hurricanes Hurricane Idalia.—
21 (1) As used in this section, the term:
22 (a) “Farm” has the same meaning as provided in s.
23 823.14(3).
24 (b) “Farm operation” has the same meaning as provided in s.
25 823.14(3).
26 (c) “Unable to be used” means the tangible personal
27 property was damaged, or the farm, farm operation, or
28 agricultural processing facility was affected, to such a degree
29 that the tangible personal property could not be used for its
30 intended purpose.
31 (2)(a) For purposes of ad valorem taxation and applying to
32 the 2024 tax roll only, tangible personal property owned and
33 operated by a farm, a farm operation, or an agriculture
34 processing facility located in Charlotte County, Citrus County,
35 Columbia County, Dixie County, Gilchrist County, Hamilton
36 County, Hernando County, Jefferson County, Lafayette County,
37 Levy County, Madison County, Manatee County, Pasco County,
38 Pinellas County, Sarasota County, Suwannee County, or Taylor
39 County is deemed to have a market value no greater than its
40 value for salvage if the tangible personal property was unable
41 to be used for at least 60 days due to the effects of Hurricane
42 Idalia.
43 (b)(3) The deadline for an applicant to file an application
44 with the property appraiser for assessment pursuant to this
45 subsection section is March 1, 2024.
46 (c)(4) If the property appraiser denies an application, the
47 applicant may file, pursuant to s. 194.011(3), a petition with
48 the value adjustment board which requests that the tangible
49 personal property be assessed pursuant to this section. Such
50 petition must be filed on or before the 25th day after the
51 mailing by the property appraiser during the 2024 calendar year
52 of the notice required under s. 194.011(1).
53 (d)(5) This subsection section applies to tax rolls
54 beginning January 1, 2024.
55 (3)(a) For purposes of ad valorem taxation and applying to
56 the 2025 tax roll only, tangible personal property owned and
57 operated by a farm, a farm operation, or an agriculture
58 processing facility located in Alachua County, Baker County,
59 Bradford County, Brevard County, Charlotte County, Citrus
60 County, Clay County, Collier County, Columbia County, DeSoto
61 County, Dixie County, Duval County, Flagler County, Franklin
62 County, Gilchrist County, Glades County, Gulf County, Hamilton
63 County, Hardee County, Hendry County, Hernando County, Highlands
64 County, Hillsborough County, Indian River County, Jefferson
65 County, Lafayette County, Lake County, Lee County, Leon County,
66 Levy County, Madison County, Manatee County, Marion County,
67 Martin County, Okeechobee County, Orange County, Osceola County,
68 Palm Beach County, Pasco County, Pinellas County, Polk County,
69 Putnam County, Sarasota County, Seminole County, St. Johns
70 County, St. Lucie County, Sumter County, Suwannee County, Taylor
71 County, Union County, Volusia County, or Wakulla County is
72 deemed to have a market value no greater than its value for
73 salvage if the tangible personal property was unable to be used
74 for at least 60 days due to the effects of Hurricanes Debby,
75 Helene, and Milton.
76 (b) The deadline for an applicant to file an application
77 with the property appraiser for assessment pursuant to this
78 subsection is August 1, 2025.
79 (c) If the property appraiser denies an application, the
80 applicant may file, pursuant to s. 194.011(3), a petition with
81 the value adjustment board which requests that the tangible
82 personal property be assessed pursuant to this section. Such
83 petition must be filed on or before the 25th day after the
84 mailing by the property appraiser during the 2025 calendar year
85 of the notice required under s. 194.011(1).
86 (d) This subsection applies retroactively to January 1,
87 2025.
88 Section 3. Paragraph (b) of subsection (1) of section
89 215.559, Florida Statutes, is amended to read:
90 215.559 Hurricane Loss Mitigation Program.—A Hurricane Loss
91 Mitigation Program is established in the Division of Emergency
92 Management.
93 (1) The Legislature shall annually appropriate $10 million
94 of the moneys authorized for appropriation under s.
95 215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the
96 division for the purposes set forth in this section. Of the
97 amount:
98 (b) Three million dollars in funds shall be used to
99 construct or retrofit facilities used as public hurricane
100 shelters. Each year the division shall prioritize the use of
101 these funds for projects included in the annual report of the
102 Shelter Development Report prepared in accordance with s.
103 252.385(3). The division shall must give funding priority to
104 projects located in counties regional planning council regions
105 that have shelter deficits, projects that are publicly owned,
106 other than schools, and to projects that maximize the use of
107 state funds.
108 Section 4. Section 250.375, Florida Statutes, is amended to
109 read:
110 250.375 Medical officer authorization.—A servicemember
111 trained to provide medical care who is assigned to a military
112 duty position and authorized by the Florida National Guard to
113 provide medical care by virtue of such duty position may provide
114 such medical care to military personnel and civilians within
115 this state physician who holds an active license to practice
116 medicine in any state, a United States territory, or the
117 District of Columbia, while serving as a medical officer with or
118 in support of the Florida National Guard, pursuant to federal or
119 state orders, may practice medicine on military personnel or
120 civilians during an emergency or declared disaster or during
121 federal military training.
122 Section 5. Subsection (1) and paragraphs (a), (c), (n),
123 (s), and (x) of subsection (2) of section 252.35, Florida
124 Statutes, are amended, and a new paragraph (dd) is added to
125 subsection (2) of that section, to read:
126 252.35 Emergency management powers; Division of Emergency
127 Management.—
128 (1) The division is responsible for maintaining a
129 comprehensive statewide program of emergency management. The
130 division is responsible for coordination with efforts of the
131 Federal Government with other departments and agencies of state
132 government, with county and municipal governments and school
133 boards, and with private agencies that have a role in emergency
134 management. The Legislature intends for other departments and
135 agencies of state government, county and municipal governments
136 and school boards, and private agencies that have a role in
137 emergency management to coordinate to the greatest extent
138 possible in the provision of emergency management efforts
139 through the division.
140 (2) The division is responsible for carrying out the
141 provisions of ss. 252.31-252.90. In performing its duties, the
142 division shall:
143 (a) Prepare a state comprehensive emergency management
144 plan, which must shall be integrated into and coordinated with
145 the emergency management plans and programs of the Federal
146 Government. The complete state comprehensive emergency
147 management plan must be submitted to the Governor, the President
148 of the Senate, and the Speaker of the House of Representatives
149 on October 1 of every odd-numbered year. The division shall
150 adopt the plan as a rule in accordance with chapter 120. The
151 plan must be implemented by a continuous, integrated
152 comprehensive emergency management program. The plan must
153 contain provisions to ensure that the state is prepared for
154 emergencies and minor, major, and catastrophic disasters, and
155 the division shall work closely with local governments and
156 agencies and organizations with emergency management
157 responsibilities in preparing and maintaining the plan. The
158 state comprehensive emergency management plan must be operations
159 oriented and:
160 1. Include an evacuation component that includes specific
161 regional and interregional planning provisions and promotes
162 intergovernmental coordination of evacuation activities. This
163 component must, at a minimum: contain guidelines for lifting
164 tolls on state highways; ensure coordination pertaining to
165 evacuees crossing county lines; set forth procedures for
166 directing people caught on evacuation routes to safe shelter;
167 establish strategies for ensuring sufficient, reasonably priced
168 fueling locations along evacuation routes; and establish
169 policies and strategies for emergency medical evacuations.
170 2. Include a shelter component that includes specific
171 regional and interregional planning provisions and promotes
172 coordination of shelter activities between the public, private,
173 and nonprofit sectors. This component must, at a minimum:
174 contain strategies to ensure the availability of adequate public
175 shelter space in each county region of the state; establish
176 strategies for refuge-of-last-resort programs; provide
177 strategies to assist local emergency management efforts to
178 ensure that adequate staffing plans exist for all shelters,
179 including medical and security personnel; provide for a
180 postdisaster communications system for public shelters;
181 establish model shelter guidelines for operations, registration,
182 inventory, power generation capability, information management,
183 and staffing; and set forth policy guidance for sheltering
184 people with special needs.
185 3. Include a postdisaster response and recovery component
186 that includes specific regional and interregional planning
187 provisions and promotes intergovernmental coordination of
188 postdisaster response and recovery activities. This component
189 must provide for postdisaster response and recovery strategies
190 according to whether a disaster is minor, major, or
191 catastrophic. The postdisaster response and recovery component
192 must, at a minimum: establish the structure of the state’s
193 postdisaster response and recovery organization; establish
194 procedures for activating the state’s plan; set forth policies
195 used to guide postdisaster response and recovery activities;
196 describe the chain of command during the postdisaster response
197 and recovery period; describe initial and continuous
198 postdisaster response and recovery actions; identify the roles
199 and responsibilities of each involved agency and organization;
200 provide for a comprehensive communications plan; establish
201 procedures for coordinating and monitoring statewide mutual aid
202 agreements reimbursable under federal public disaster assistance
203 programs; provide for rapid impact assessment teams; ensure the
204 availability of an effective statewide urban search and rescue
205 program coordinated with the fire services; ensure the existence
206 of a comprehensive statewide medical care and relief plan
207 administered by the Department of Health; and establish systems
208 for coordinating volunteers and accepting and distributing
209 donated funds and goods.
210 4. Include additional provisions addressing aspects of
211 preparedness, response, recovery, and mitigation as determined
212 necessary by the division.
213 5. Address the need for coordinated and expeditious
214 deployment of state resources, including the Florida National
215 Guard. In the case of an imminent major disaster, procedures
216 should address predeployment of the Florida National Guard, and,
217 in the case of an imminent catastrophic disaster, procedures
218 should address predeployment of the Florida National Guard and
219 the United States Armed Forces.
220 6. Establish a system of communications and warning to
221 ensure that the state’s population and emergency management
222 agencies are warned of developing emergency situations,
223 including public health emergencies, and can communicate
224 emergency response decisions.
225 7. Establish guidelines and schedules for annual exercises
226 that evaluate the ability of the state and its political
227 subdivisions to respond to minor, major, and catastrophic
228 disasters and support local emergency management agencies. Such
229 exercises shall be coordinated with local governments and, to
230 the extent possible, the Federal Government.
231 8. Assign lead and support responsibilities to state
232 agencies and personnel for emergency support functions and other
233 support activities.
234 9. Include the public health emergency plan developed by
235 the Department of Health pursuant to s. 381.00315.
236 10. Include an update on the status of the emergency
237 management capabilities of the state and its political
238 subdivisions.
239
240 The complete state comprehensive emergency management plan must
241 be submitted to the President of the Senate, the Speaker of the
242 House of Representatives, and the Governor on February 1 of
243 every even-numbered year.
244 (c) Assist political subdivisions in preparing and
245 maintaining emergency management plans. Such assistance must
246 include the development of a template for comprehensive
247 emergency management plans and guidance on the development of
248 mutual aid agreements when requested by the political
249 subdivision.
250 (n) Implement training programs to maintain Florida’s
251 status as a national leader in emergency management and improve
252 the ability of state and local emergency management personnel to
253 prepare and implement emergency management plans and programs.
254 This must shall include a continuous training program for
255 agencies and individuals who that will be called on to perform
256 key roles in state and local postdisaster response and recovery
257 efforts and for local government personnel on federal and state
258 postdisaster response and recovery strategies and procedures.
259 The division shall specify requirements for the minimum number
260 of training hours that county or municipal administrators,
261 county or city managers, county or municipal emergency
262 management directors, and county or municipal public works
263 directors or other officials responsible for the construction
264 and maintenance of public infrastructure must complete
265 biennially in addition to the training required pursuant to s.
266 252.38(1)(b).
267 (s) Complete an inventory of disaster response equipment,
268 including portable generators owned by the state and local
269 governments which are capable of operating during a major
270 disaster. The inventory must identify, at a minimum, the
271 location of each generator, the number of generators stored at
272 each specific location, the agency to which each generator
273 belongs, the primary use of the generator by the owner agency,
274 and the names, addresses, and telephone numbers of persons
275 having the authority to loan the stored generators as authorized
276 by the division during a declared emergency.
277 (x) Report biennially to the President of the Senate, the
278 Speaker of the House of Representatives, the Chief Justice of
279 the Supreme Court, and the Governor, no later than February 1 of
280 every odd-numbered year, the status of the emergency management
281 capabilities of the state and its political subdivisions. This
282 report must include the emergency management capabilities
283 related to public health emergencies, as determined in
284 collaboration with the Department of Health.
285 (dd) Conduct, by April 1 of each year, an annual hurricane
286 readiness session in each region designated by the division to
287 facilitate coordination between all emergency management
288 stakeholders. Each county emergency management director or his
289 or her designee shall, and other county and municipal personnel
290 may, attend the session for his or her region. A session must
291 include, but is not limited to, guidance on timelines for
292 preparation and response, information on state and federal
293 postdisaster resources and assistance, guidance to promote
294 efficient and expedited rebuilding of the community after a
295 hurricane, best practices for coordination and communication
296 among entities engaged in postdisaster response and recovery,
297 and discussion of any outstanding county or municipal
298 preparedness or readiness needs.
299 Section 6. Paragraph (b) of subsection (2) of section
300 252.355, Florida Statutes, is amended to read:
301 252.355 Registry of persons with special needs; notice;
302 registration program.—
303 (2) In order to ensure that all persons with special needs
304 may register, the division shall develop and maintain a special
305 needs shelter registration program. During a public health
306 emergency in which physical distancing is necessary, as
307 determined by the State Health Officer, the division must
308 maintain information on special needs shelter options that
309 mitigate the threat of the spread of infectious diseases.
310 (b) To assist in identifying persons with special needs,
311 home health agencies, hospices, nurse registries, home medical
312 equipment providers, the Department of Veterans’ Affairs, the
313 Department of Children and Families, the Department of Health,
314 the Agency for Health Care Administration, the Department of
315 Education, the Agency for Persons with Disabilities, the
316 Department of Elderly Affairs, and memory disorder clinics
317 shall, and any physician licensed under chapter 458 or chapter
318 459 and any pharmacy licensed under chapter 465 may, annually
319 provide registration information to all of their special needs
320 clients or their caregivers. The division shall develop a
321 brochure that provides information regarding special needs
322 shelter registration procedures. The brochure must be easily
323 accessible on the division’s website. All appropriate agencies
324 and community-based service providers, including aging and
325 disability resource centers, memory disorder clinics, home
326 health care providers, hospices, nurse registries, and home
327 medical equipment providers, shall, and any physician licensed
328 under chapter 458 or chapter 459 may, assist emergency
329 management agencies by annually registering persons with special
330 needs for special needs shelters, collecting registration
331 information for persons with special needs as part of the
332 program intake process, and establishing programs to educate
333 clients about the registration process and disaster preparedness
334 safety procedures. A client of a state-funded or federally
335 funded service program who has a physical, mental, or cognitive
336 impairment or sensory disability and who needs assistance in
337 evacuating, or when in a shelter, must register as a person with
338 special needs. The registration program shall give persons with
339 special needs the option of preauthorizing emergency response
340 personnel to enter their homes during search and rescue
341 operations if necessary to ensure their safety and welfare
342 following disasters.
343 Section 7. Subsections (2), (3), and (4) of section
344 252.3611, Florida Statutes, are amended, and subsection (5) is
345 added to that section, to read:
346 252.3611 Transparency; audits.—
347 (2) If When the duration of a declaration of a state of an
348 emergency issued by the Governor exceeds 90 days, regardless of
349 whether pursuant to the original declaration or extensions of
350 the same declaration:
351 (a)1. The Executive Office of the Governor or the
352 appropriate agency, within 72 hours after of executing a
353 contract executed with moneys authorized for expenditure to
354 support the response to the declared state of emergency, must
355 the Executive Office of the Governor or the appropriate agency
356 shall submit a copy of such contract to the Legislature. For
357 contracts executed during the first 90 days of the declared
358 state of emergency, the Executive Office of the Governor or the
359 appropriate agency shall submit a copy to the Legislature within
360 the first 120 days of the declared state of emergency.
361 2. All contracts executed to support the response to a
362 declared state of emergency, including contracts executed before
363 a declared state of emergency to secure resources or services in
364 advance or anticipation of an emergency, must be posted on the
365 secure contract tracking system required under s. 215.985(14).
366 (b) The Executive Office of the Governor or the appropriate
367 agency shall submit monthly reports to the Legislature of all
368 state expenditures, revenues received, and funds transferred by
369 an agency during the previous month to support the declared
370 state of emergency.
371 (3) Once an emergency exceeds 1 year, the Auditor General
372 shall conduct a financial audit of all associated expenditures
373 and a compliance audit of all associated contracts entered into
374 during the declared emergency. The Auditor General shall must
375 update the audit annually until the emergency is declared to be
376 ended. The Auditor General shall post the results of the audits
377 on his or her official website.
378 (4) Following the expiration or termination of a state of
379 emergency, the Auditor General shall conduct a financial audit
380 of all associated expenditures and a compliance audit of all
381 associated contracts entered into during the state of emergency.
382 The Auditor General shall post the results of the audits on his
383 or her official website.
384 (5) Annually by January 15, the division shall report to
385 the President of the Senate, the Speaker of the House of
386 Representatives, and the chairs of the appropriations committee
387 of each house of the Legislature on expenditures related to
388 emergencies incurred over the year from November 1 of the
389 previous year. The report must include:
390 (a) A separate summary of each emergency event, whether
391 complete or ongoing, and key actions taken by the division.
392 (b) Details of expenditures, separated by emergency event
393 and agency, for preparing for, responding to, or recovering from
394 the event. The report must specify detailed expenditures for the
395 entire report time period; specify total expenditures for the
396 event; and indicate amounts that are being or are anticipated to
397 be reimbursed by the Federal Emergency Management Agency or
398 other federal entity, amounts ineligible for reimbursement, and
399 any amounts deobligated by the Federal Emergency Management
400 Agency or other federal entity for reimbursement. The division
401 shall review expenditures by state agencies to ensure that
402 efforts, purchases, contracts, or expenditures are not
403 duplicated.
404 (c) An accounting of all inventory and assets purchased,
405 separated by emergency event and agency, for preparing for,
406 responding to, or recovering from the event, including motor
407 vehicles, boats, computers, and other equipment, and the current
408 status of such assets, including divestment, sale, or donation
409 by the state. The report must include a detailed accounting for
410 the entire report time period and specify a total for the event.
411 Section 8. Subsections (2) and (4) of section 252.365,
412 Florida Statutes, are amended to read:
413 252.365 Emergency coordination officers; disaster
414 preparedness plans.—
415 (2) The emergency coordination officer is responsible for
416 coordinating with the division on emergency preparedness issues,
417 preparing and maintaining emergency preparedness and
418 postdisaster response and recovery plans for such agency,
419 maintaining rosters of personnel to assist in disaster
420 operations, and coordinating appropriate training for agency
421 personnel, and coordinating with the division on emergency
422 preparedness and recovery issues, including identifying
423 priorities for postdisaster long-term recovery activities.
424 (4) On or before May 1 of each year, the head of each
425 agency shall notify the Governor and the division in writing of
426 the person initially designated as the emergency coordination
427 officer for such agency and her or his alternate and of any
428 changes in persons so designated thereafter.
429 Section 9. Section 252.3655, Florida Statutes, is amended
430 to read:
431 252.3655 Natural hazards risks and mitigation interagency
432 coordinating group workgroup.—
433 (1)(a) An interagency coordinating group workgroup is
434 created for the purpose of sharing information on the current
435 and potential risks and impacts of natural hazards throughout
436 this the state, coordinating the ongoing efforts of state
437 agencies in addressing and mitigating the risks and impacts of
438 natural hazards, and collaborating on statewide initiatives to
439 address and mitigate the risks and impacts of natural hazards.
440 As used in this section, the term “natural hazards” includes,
441 but is not limited to, extreme heat, drought, wildfire, sea
442 level change, high tides, storm surge, saltwater intrusion,
443 stormwater runoff, flash floods, inland flooding, and coastal
444 flooding.
445 (b) The agency head, or his or her designated senior
446 manager, from each of the following agencies shall serve on the
447 coordinating group:
448 1. Chief Resilience Officer of the Statewide Office of
449 Resilience.
450 2. Department of Agriculture and Consumer Services.
451 3. Department of Commerce.
452 4. Department of Environmental Protection.
453 5. Department of Financial Services.
454 6. Department of Law Enforcement.
455 7. Department of Highway Safety and Motor Vehicles.
456 8. Department of Military Affairs.
457 9. Division of Emergency Management.
458 10. Department of Transportation.
459 11. Fish and Wildlife Conservation Commission.
460 12. Office of Insurance Regulation.
461 13. Public Service Commission.
462 14. Each water management district Each agency within the
463 executive branch of state government, each water management
464 district, and the Florida Public Service Commission shall select
465 from within such agency a person to be designated as the agency
466 liaison to the workgroup.
467 (c) The director of the Division of Emergency Management,
468 or his or her designee, shall serve as the administrator liaison
469 to and coordinator of the coordinating group workgroup.
470 (d) Each agency representative liaison shall provide
471 information from his or her respective agency, including all
472 relevant reports, on the current and potential risks and impacts
473 of natural hazards to this state to his or her agency, agency
474 resources available, and efforts made by the agency to address
475 and mitigate the risks and impacts of against natural hazards,
476 and efforts made by the agency to address the impacts of natural
477 hazards.
478 (e)1. The coordinating group workgroup shall meet in person
479 or by means of communications media technology as provided in s.
480 120.54(5)(b)2. at least teleconference on a quarterly basis to
481 share information, leverage agency resources, coordinate ongoing
482 efforts, and provide information for inclusion in the annual
483 progress report submitted pursuant to subsection (2). Agency
484 heads for the agencies listed in paragraph (b) shall meet in
485 person at least annually to collectively strategize and
486 prioritize state efforts.
487 2. Information regarding the coordinating group, including
488 meeting agendas and reports, must be posted in a conspicuous
489 location on the division’s website.
490 (2)(a) On behalf of the coordinating group workgroup, the
491 division of Emergency Management shall prepare an annual
492 progress report on the implementation of the state’s hazard
493 mitigation plan, developed and submitted in accordance with 42
494 U.S.C. s. 5165 and any implementing regulations, as it relates
495 to natural hazards. At a minimum, the annual progress report
496 must:
497 1. Assess each agency’s the relevance, level, and
498 significance of current agency efforts to address and mitigate
499 the risks and impacts of natural hazards; and
500 2. Strategize and prioritize ongoing efforts to address and
501 mitigate the risks and impacts of natural hazards;.
502 3. Provide recommendations regarding statutory changes and
503 funding that may assist in addressing or mitigating the risks
504 and impacts of natural hazards; and
505 4. Provide recommendations for state and local natural
506 hazard mitigation strategies.
507 (b) Each liaison is responsible for ensuring that the
508 workgroup’s annual progress report is posted on his or her
509 agency’s website.
510 (c) By January 1 of each year, 2019, and each year
511 thereafter, the division on behalf of the coordinating group
512 workgroup shall submit the annual progress report to the
513 Governor, the President of the Senate, and the Speaker of the
514 House of Representatives.
515 Section 10. Present paragraphs (c) and (d) of subsection
516 (5) of section 252.37, Florida Statutes, are redesignated as
517 paragraphs (d) and (e), respectively, a new paragraph (c) is
518 added to that subsection, and subsection (7) is added to that
519 section, to read:
520 252.37 Financing.—
521 (5) Unless otherwise specified in the General
522 Appropriations Act:
523 (c) If the division intends to accept or apply for federal
524 funds for a division-administered program that is new, that will
525 be implemented in a manner that is innovative or significantly
526 different from the manner in which the program is typically
527 administered, or that will require a state match for which the
528 division will be required to seek new budget authority, the
529 division must notify the Legislature of its intent to accept or
530 apply for the federal funds. The notice must detail the federal
531 program under which the funds will be accepted or applied for,
532 the intended purpose and use of the funds, and the amount of
533 funds, including the estimated state match.
534 (7) The division shall take steps to maximize the
535 availability and expedite the distribution of financial
536 assistance from the Federal Government to state and local
537 agencies. Such steps must include the standardization and
538 streamlining of the application process for financial assistance
539 through the federal Public Assistance Program and provision of
540 assistance to applicants in order to mitigate the risk of
541 noncompliance with federal program requirements. The division
542 shall use federal funds allocated as management cost or other
543 funds as appropriated to implement this subsection.
544 Section 11. Section 252.3713, Florida Statutes, is created
545 to read:
546 252.3713 Hazard Mitigation Grant Program.—
547 (1) The division shall administer the Hazard Mitigation
548 Grant Program as authorized and described in s. 404 of the
549 Robert T. Stafford Disaster Relief and Emergency Assistance Act,
550 as amended by Pub. L. No. 103-181, Pub. L. No. 103-337, and Pub.
551 L. No. 106-390.
552 (2) The division may retain no more than 25 percent of the
553 total federal allocation of funds received for use within the
554 state. A minimum of 75 percent of any funds received pursuant to
555 a declared disaster must be distributed for use by the
556 subrecipients in the counties specified in the Presidential
557 Disaster Declaration for that disaster. However, a subrecipient
558 may elect to share some or all of its allocation with the
559 division to be used for projects benefiting the region in which
560 the subrecipient is located.
561 (3) The division and subrecipients shall prioritize
562 projects that fulfill the following purposes when adopting
563 mitigation strategies and plans and applying for funds under the
564 grant program:
565 (a) Reducing shelter space deficits through retrofitting of
566 existing shelters and hardening of public buildings that are not
567 schools. Reducing deficits in shelter space intended to
568 accommodate individuals with special needs must be prioritized
569 before addressing deficits in other types of shelter space.
570 (b) Mitigating impacts to public infrastructure, including
571 roads, bridges, and stormwater, water, and sewer systems, to
572 enhance resistance to natural hazards and prevent and reduce
573 losses.
574 (c) Mitigating impacts to school facilities which will
575 reduce future disaster losses and make the facilities more
576 resistant to natural hazards.
577 (d) Retrofitting of regional and local emergency management
578 or operations centers.
579 (e) Other projects that the division may define by rule.
580 (4) The division may coordinate with other state agencies
581 and political subdivisions to develop and implement innovative
582 approaches to funding mitigation projects using grants under the
583 Hazard Mitigation Grant Program, including, but not limited to,
584 combining funding received from multiple federal and state
585 programs. The division, in cooperation with other state agencies
586 that administer federal grant programs, shall ensure that:
587 (a) Projects funded through multiple programs comply with
588 all applicable federal and state requirements of the respective
589 programs under which funding was received.
590 (b) Funding is used for projects in the geographic areas
591 specified in the grant of funding.
592 (5) A fiscally constrained county may request that the
593 division administer the grant for such county. A fiscally
594 constrained county may request additional assistance from the
595 division in preparing applications for grants and developing a
596 structure for implementing, monitoring the execution of, and
597 closing out projects.
598 (6) The division shall adopt rules to implement this
599 section.
600 Section 12. Paragraph (a) of subsection (2) of section
601 252.373, Florida Statutes, is amended to read:
602 252.373 Allocation of funds; rules.—
603 (2) The division shall allocate funds from the Emergency
604 Management, Preparedness, and Assistance Trust Fund to local
605 emergency management agencies and programs pursuant to criteria
606 specified in rule. Such rules shall include, but are not limited
607 to:
608 (a) Requiring that, at a minimum, a local emergency
609 management agency either:
610 1. Have a program director who works at least 40 hours a
611 week in that capacity; or
612 2. If the county has fewer than 75,000 population or is
613 party to an interjurisdictional emergency management agreement
614 entered into pursuant to s. 252.38(3)(c) s. 252.38(3)(b), that
615 is recognized by the Governor by executive order or rule, have
616 an emergency management coordinator who works at least 20 hours
617 a week in that capacity.
618 Section 13. Present paragraphs (a) and (b) of subsection
619 (3) of section 252.38, Florida Statutes, are redesignated as
620 paragraphs (b) and (c), respectively, a new paragraph (a) is
621 added to that subsection, and paragraph (a) of subsection (1) is
622 amended, to read:
623 252.38 Emergency management powers of political
624 subdivisions.—Safeguarding the life and property of its citizens
625 is an innate responsibility of the governing body of each
626 political subdivision of the state.
627 (1) COUNTIES.—
628 (a) In order to provide effective and orderly governmental
629 control and coordination of emergency operations in emergencies
630 within the scope of ss. 252.31-252.90, each county within this
631 state shall be within the jurisdiction of, and served by, the
632 division. Except as otherwise provided in ss. 252.31-252.90,
633 each local emergency management agency shall have jurisdiction
634 over and serve an entire county. Unless part of an
635 interjurisdictional emergency management agreement entered into
636 pursuant to paragraph (3)(c) (3)(b) which is recognized by the
637 Governor by executive order or rule, each county must establish
638 and maintain such an emergency management agency and shall
639 develop a county emergency management plan and program that is
640 coordinated and consistent with the state comprehensive
641 emergency management plan and program. Counties that are part of
642 an interjurisdictional emergency management agreement entered
643 into pursuant to paragraph (3)(c) (3)(b) which is recognized by
644 the Governor by executive order or rule shall cooperatively
645 develop an emergency management plan and program that is
646 coordinated and consistent with the state comprehensive
647 emergency management plan and program.
648 (3) EMERGENCY MANAGEMENT POWERS; POLITICAL SUBDIVISIONS.—
649 (a) Each political subdivision shall notify the division on
650 or before May 1 each year of the person designated as the
651 emergency contact for the political subdivision and his or her
652 alternate and of any changes in persons so designated
653 thereafter. For a county, this includes the county emergency
654 management director.
655 Section 14. Subsections (2) and (3) of section 252.385,
656 Florida Statutes, are amended to read:
657 252.385 Public shelter space; public records exemption.—
658 (2)(a) The division shall administer a program to survey
659 existing schools, universities, community colleges, and other
660 state-owned, municipally owned, and county-owned public
661 buildings and any private facility that the owner, in writing,
662 agrees to provide for use as a public hurricane evacuation
663 shelter to identify those that are appropriately designed and
664 located to serve as such shelters. The owners of the facilities
665 must be given the opportunity to participate in the surveys. The
666 state university boards of trustees, district school boards,
667 community college boards of trustees, and the Department of
668 Education are responsible for coordinating and implementing the
669 survey of public schools, universities, and community colleges
670 with the division or the local emergency management agency.
671 (b) By January 31 of each even-numbered year, the division
672 shall prepare and submit a statewide emergency shelter plan to
673 the Governor and Cabinet for approval, subject to the
674 requirements for approval in s. 1013.37(2). The emergency
675 shelter plan must project, for each of the next 5 years, the
676 hurricane shelter needs of the state, including periods of time
677 during which a concurrent public health emergency may
678 necessitate more space for each individual to accommodate
679 physical distancing. In addition to information on the general
680 shelter needs throughout this state, the plan must identify the
681 general location and square footage of special needs shelters,
682 by regional planning council region. The plan must also include
683 information on the availability of shelters that accept pets.
684 The Department of Health shall assist the division in
685 determining the estimated need for special needs shelter space
686 and the adequacy of facilities to meet the needs of persons with
687 special needs based on information from the registries of
688 persons with special needs and other information.
689 (3)(a) The division shall annually provide by October 15 to
690 the Governor, the President of the Senate, and the Speaker of
691 the House of Representatives a report that includes, and the
692 Governor a list of facilities recommended to be retrofitted
693 using state funds. State funds should be maximized and targeted
694 to projects in counties regional planning council regions with
695 hurricane evacuation shelter deficits. Additionally, the
696 division shall prioritize on the list of recommended facilities
697 other state-owned, municipal-owned, and county-owned public
698 buildings, other than schools, for retrofit using state funds.
699 The owner or lessee of a public hurricane evacuation shelter
700 that is included on the list of facilities recommended for
701 retrofitting is not required to perform any recommended
702 improvements.
703 (b) The report required in paragraph (a) must include a
704 statewide emergency shelter plan that must project, for each of
705 the next 5 years, the hurricane shelter needs of the state. In
706 addition to information on the general shelter needs throughout
707 this state, the plan must identify, by county, the general
708 location and square footage of special needs shelters. The plan
709 must also include information on the availability of shelters
710 that accept pets. The Department of Health and the Agency for
711 Persons with Disabilities shall assist the division in
712 determining the estimated need for special needs shelter space,
713 the estimated need for general shelter space to accommodate
714 persons with developmental disabilities, including, but not
715 limited to, autism, and the adequacy of facilities to meet the
716 needs of persons with special needs based on information from
717 the registries of persons with special needs and other
718 information.
719 Section 15. Section 252.392, Florida Statutes, is created
720 to read:
721 252.392 Post-storm county and municipal permitting;
722 operations.—
723 (1)(a) Each county and municipality shall develop a post
724 storm permitting plan to expedite recovery and rebuilding by
725 providing for special building permit and inspection procedures
726 after a hurricane or tropical storm. The plan must, at a
727 minimum:
728 1. Ensure sufficient personnel are prepared and available
729 to expeditiously manage post-disaster building inspection,
730 permitting, and enforcement tasks. The plan must anticipate
731 conditions that would necessitate supplemental personnel for
732 such tasks and address methods for fulfilling such personnel
733 needs, including through mutual aid agreements as authorized in
734 s. 252.40, other arrangements, such as those with private sector
735 contractors, or supplemental state or federal funding. The plan
736 must include training requirements and protocols for
737 supplemental personnel to ensure compliance with local
738 floodplain management requirements that apply within the county
739 or municipality.
740 2. Account for multiple or alternate locations where
741 building permit services may be offered in-person to the public
742 following a hurricane or tropical storm, during regular business
743 hours.
744 3. Specify a protocol to expedite permitting procedures
745 and, if practicable, for the waiver or reduction of applicable
746 fees in accordance with and in addition to the procedures and
747 waivers provided for under s. 553.7922. The plan must identify
748 the types of permits that are frequently requested following a
749 hurricane or tropical storm and methods to expedite the
750 processing of such permits.
751 4. Specify procedures and resources necessary to promote
752 expeditious debris removal following a hurricane or tropical
753 storm.
754 (b) Each county and municipality shall update the plan no
755 later than May 1 annually.
756 (2)(a) By May 1 annually, each county and municipality
757 shall publish on its website a hurricane and tropical storm
758 recovery permitting guide for residential and commercial
759 property owners. The guide must describe:
760 1. The types of post-storm repairs that require a permit
761 and applicable fees.
762 2. The types of post-storm repairs that do not require a
763 permit.
764 3. The post-storm permit application process and specific
765 modifications the county or municipality commonly makes to
766 expedite the process, including the physical locations where
767 permitting services will be offered.
768 4. Local requirements for rebuilding specific to the county
769 or municipality, including elevation requirements following
770 substantial damage and substantial improvement pursuant to the
771 National Flood Insurance Program (NFIP) and any local amendments
772 to the building code.
773 (b) As soon as practicable following a hurricane or
774 tropical storm, a county or municipality within the area for
775 which a state of emergency pursuant to s. 252.36 for such
776 hurricane or tropical storm is declared shall publish updates on
777 its website to the information required under paragraph (a)
778 which are specific to such storm, including any permitting fee
779 waivers or reductions.
780 (3) For 180 days after a state of emergency is declared
781 pursuant to s. 252.36 for a hurricane or tropical storm, a
782 county or municipality within the area for which the state of
783 emergency is declared:
784 (a) May not increase building permit or inspection fees.
785 (b) Must have employees and supplemental personnel
786 available during the county’s or municipality’s normal business
787 hours to process permits.
788 Section 16. Subsection (1) of section 400.063, Florida
789 Statutes, is amended to read:
790 400.063 Resident protection.—
791 (1) The Health Care Trust Fund shall be used for the
792 purpose of collecting and disbursing funds generated from the
793 license fees and administrative fines as provided for in ss.
794 393.0673(5), 400.062(3), 400.121(2), and 400.23(8). Such funds
795 shall be for the sole purpose of paying for the appropriate
796 alternate placement, care, and treatment of residents who are
797 removed from a facility licensed under this part or a facility
798 specified in s. 393.0678(1) in which the agency determines that
799 existing conditions or practices constitute an immediate danger
800 to the health, safety, or security of the residents. If the
801 agency determines that it is in the best interest of the health,
802 safety, or security of the residents to provide for an orderly
803 removal of the residents from the facility, the agency may
804 utilize such funds to maintain and care for the residents in the
805 facility pending removal and alternative placement. The
806 maintenance and care of the residents shall be under the
807 direction and control of a receiver appointed pursuant to s.
808 393.0678(1) or s. 400.126(1). However, funds may be expended in
809 an emergency upon a filing of a petition for a receiver, upon
810 the declaration of a state of local emergency pursuant to s.
811 252.38(3)(b)5. s. 252.38(3)(a)5., or upon a duly authorized
812 local order of evacuation of a facility by emergency personnel
813 to protect the health and safety of the residents.
814 Section 17. Subsection (7) of section 403.7071, Florida
815 Statutes, is amended, and subsection (8) is added to that
816 section, to read:
817 403.7071 Management of storm-generated debris.—Solid waste
818 generated as a result of a storm event that is the subject of an
819 emergency order issued by the department may be managed as
820 follows:
821 (7) Unless otherwise specified in a contract or franchise
822 agreement between a local government and a private solid waste
823 or debris management service provider, a private solid waste or
824 debris management service provider is not required to collect
825 storm-generated yard trash. Local governments are authorized and
826 encouraged to add an addendum to existing contracts or franchise
827 agreements for collection of storm-generated debris.
828 (8)(a) Each county and municipality shall apply to the
829 department for authorization of at least one debris management
830 site as described in subsection (2) and shall annually seek
831 preauthorization for any previously approved debris management
832 sites, as allowed by the department.
833 (b) A municipality may jointly apply for authorization of a
834 debris management site with a county or at least one adjacent
835 municipality, if the parties develop and approve a memorandum of
836 understanding. Such memorandum must clearly outline the capacity
837 of the debris management site and location of the site relative
838 to each party. The memorandum of understanding must be approved
839 annually as part of the preauthorization process described in
840 paragraph (a).
841 Section 18. (1) Each county listed in the federal disaster
842 declaration for Hurricane Debby (DR-4806), Hurricane Helene (DR
843 4828), or Hurricane Milton (DR-4834), and each municipality
844 within one of those counties, shall not propose or adopt any
845 moratorium on construction, reconstruction, or redevelopment of
846 any property damaged by such hurricanes; propose or adopt more
847 restrictive or burdensome amendments to its comprehensive plan
848 or land development regulations; or propose or adopt more
849 restrictive or burdensome procedures concerning review,
850 approval, or issuance of a site plan, development permit, or
851 development order, to the extent that those terms are defined by
852 s. 163.3164, Florida Statutes, before October 1, 2027, and any
853 such moratorium or restrictive or burdensome comprehensive plan
854 amendment, land development regulation, or procedure shall be
855 null and void ab initio. This subsection applies retroactively
856 to August 1, 2024.
857 (2) Notwithstanding subsection (1), any comprehensive plan
858 amendment, land development regulation amendment, site plan,
859 development permit, or development order approved or adopted by
860 a county or municipality before or after the effective date of
861 this section may be enforced if:
862 (a) The associated application is initiated by a private
863 party other than the county or municipality.
864 (b) The property that is the subject of the application is
865 owned by the initiating private party.
866 (3)(a) A resident of or the owner of a business in a county
867 or municipality may bring a civil action for declaratory and
868 injunctive relief against the county or municipality for a
869 violation of this section. Pending adjudication of the action
870 and upon filing of a complaint showing a violation of this
871 section, the resident or business owner is entitled to a
872 preliminary injunction against the county or municipality
873 preventing implementation of the moratorium or the comprehensive
874 plan amendment, land development regulation, or procedure. If
875 such civil action is successful, the resident or business owner
876 is entitled to reasonable attorney fees and costs.
877 (b) Attorney fees and costs and damages may not be awarded
878 pursuant to this subsection if:
879 1. The resident or business owner provides the governing
880 body of the county or municipality written notice that a
881 proposed or enacted moratorium, comprehensive plan amendment,
882 land development regulation, or procedure is in violation of
883 this section; and
884 2. The governing body of the county or municipality
885 withdraws the proposed moratorium, comprehensive plan amendment,
886 land development regulation, or procedure within 14 days; or, in
887 the case of an adopted moratorium, comprehensive plan amendment,
888 land development regulation, or procedure, the governing body of
889 a county or municipality notices an intent to repeal within 14
890 days after receipt of the notice and repeals the moratorium,
891 comprehensive plan amendment, land development regulation, or
892 procedure within 14 days thereafter.
893 (4) This section shall take effect upon becoming a law and
894 expires June 30, 2028.
895 Section 19. For the purpose of incorporating the amendment
896 made by this act to section 252.35, Florida Statutes, in a
897 reference thereto, subsection (6) of section 252.55, Florida
898 Statutes, is reenacted to read:
899 252.55 Civil Air Patrol, Florida Wing.—
900 (6) The wing commander of the Florida Wing of the Civil Air
901 Patrol shall biennially furnish the division a 2-year projection
902 of the goals and objectives of the Civil Air Patrol which shall
903 be reported in the division’s biennial report submitted pursuant
904 to s. 252.35.
905 Section 20. Except as otherwise expressly provided in this
906 act and except for this section, which shall take effect upon
907 this act becoming a law, this act shall take effect July 1,
908 2025.
909
910 ================= T I T L E A M E N D M E N T ================
911 And the title is amended as follows:
912 Delete everything before the enacting clause
913 and insert:
914 A bill to be entitled
915 An act relating to emergency preparedness and
916 response; amending s. 161.101, F.S.; authorizing the
917 Department of Environmental Protection to waive or
918 reduce local government match requirements under
919 certain circumstances; providing for future
920 expiration; amending s. 193.4518, F.S.; providing a
921 tangible personal property assessment limitation,
922 during a certain timeframe and in certain counties,
923 for certain agricultural equipment that is unable to
924 be used due to Hurricanes Debby, Helene, or Milton;
925 specifying conditions for applying for and receiving
926 the assessment limitation; providing procedures for
927 petitioning the value adjustment board if an
928 application is denied; providing for retroactive
929 application; amending s. 215.559, F.S.; deleting a
930 reference to a certain report; revising public
931 hurricane shelter funding prioritization requirements
932 for the Division of Emergency Management; amending s.
933 250.375, F.S.; authorizing certain servicemembers to
934 provide medical care in specified circumstances;
935 amending s. 252.35, F.S.; providing legislative
936 intent; revising the date by which the state
937 comprehensive emergency management plan must be
938 submitted to the Legislature and the Governor;
939 revising the components of the plan; requiring the
940 division to provide certain assistance to political
941 subdivisions; revising requirements for training
942 provided by the division; revising inventory
943 requirements; deleting a requirement for a certain
944 biennial report; requiring the division to conduct an
945 annual hurricane readiness session in each region
946 designated by the division for a specified purpose;
947 requiring all county emergency management directors,
948 and authorizing other county and municipal personnel
949 to attend such session; requiring that the session
950 include specified topics and needs; amending s.
951 252.355, F.S.; authorizing the Department of Veterans’
952 Affairs to provide certain information to specified
953 clients or their caregivers; amending s. 252.3611,
954 F.S.; directing specified entities to submit specified
955 contracts and reports to the Legislature under
956 specified conditions; requiring that such contracts be
957 posted on a specified secure contract system;
958 requiring the Auditor General to post the results of
959 specified audits on his or her official website;
960 requiring the division to report annually to the
961 Legislature specified information on expenditures
962 related to emergencies; providing requirements for
963 such report; amending s. 252.365, F.S.; revising the
964 responsibilities for agency emergency coordination
965 officers; requiring agency heads to notify the
966 Governor and the division of the person designated as
967 the emergency coordination officer annually by a
968 specified date; amending s. 252.3655, F.S.; creating
969 the natural hazards risks and mitigation interagency
970 coordinating group; providing the purpose of the
971 group; providing for the membership and administration
972 of the group; requiring agency representatives to
973 provide information relating to natural hazards to
974 this state, agency resources, efforts to address and
975 mitigate risk and impacts of natural hazards;
976 requiring the group to meet in person or by
977 communication media technology at least quarterly for
978 specified purposes; requiring specified agency heads
979 to meet at least annually to strategize and prioritize
980 state efforts; requiring the division, on behalf of
981 the group, to prepare a certain progress report;
982 revising the requirements of such report; revising
983 requirements for an annual progress report by the
984 division on behalf of the group; requiring the
985 division, on behalf of the group, to submit such
986 report to the Governor and the Legislature; amending
987 s. 252.37, F.S.; requiring the division to notify the
988 Legislature of its intent to accept or apply for
989 federal funds under certain circumstances; requiring
990 the division to take steps to maximize the
991 availability and expedite distribution of financial
992 assistance from the Federal Government to state and
993 local agencies; requiring that such steps include the
994 standardization and streamlining of the application
995 process for federal financial assistance and the
996 provision of assistance to those applicants for a
997 specified purpose; requiring the division to use
998 certain federal funds to implement such requirements;
999 creating s. 252.3713, F.S.; requiring the division to
1000 administer the Hazard Mitigation Grant Program;
1001 authorizing the division to retain a specified
1002 percentage of the funds for use within the state;
1003 requiring that the remaining percentage be distributed
1004 for use by certain recipients; authorizing
1005 subrecipients to make a certain election for a
1006 specified use; requiring the prioritization of certain
1007 projects; authorizing the division to coordinate with
1008 specified entities under certain circumstances;
1009 requiring that such cooperation ensures certain
1010 requirements are met and certain projects are funded;
1011 authorizing fiscally constrained counties to request
1012 that the division administer the grant for such a
1013 county; authorizing such counties to request certain
1014 assistance from the division; requiring the division
1015 to adopt rules; amending s. 252.373, F.S.; conforming
1016 a cross-reference; amending s. 252.38, F.S.; requiring
1017 each political subdivision to notify the division of
1018 the designated emergency contact annually by a
1019 specified date; amending s. 252.385, F.S.; revising
1020 reporting requirements for the division; revising
1021 requirements for a specified list; requiring the
1022 Department of Health and the Agency for Persons with
1023 Disabilities to assist the division with certain
1024 determinations; creating s. 252.392, F.S.; requiring
1025 counties and municipalities to develop a post-storm
1026 permitting plan; providing requirements for the plan;
1027 requiring annual updates to the plan by a specified
1028 date; requiring counties and municipalities to
1029 publish, and post on their websites, a specified storm
1030 recovery guide annually by a specified date;
1031 prohibiting certain counties and municipalities from
1032 increasing building permit or inspection fees within a
1033 specified timeframe; requiring such counties and
1034 municipalities to have certain personnel available
1035 during normal business hours; amending s. 400.063,
1036 F.S.; conforming a cross-reference; amending s.
1037 403.7071, F.S.; providing that local governments are
1038 authorized and encouraged to add certain addendums to
1039 certain contracts or agreements; requiring counties
1040 and municipalities to apply to the Department of
1041 Environmental Protection for authorization to
1042 designate at least one debris management site;
1043 authorizing municipalities to apply jointly with a
1044 county or another adjacent municipality for
1045 authorization of a minimum number of debris management
1046 sites if such entities approve a memorandum of
1047 understanding; providing requirements for such
1048 memoranda; prohibiting certain counties from proposing
1049 or adopting certain moratoriums, amendments, or
1050 procedures for a specified period; declaring that such
1051 moratoriums, amendments, or procedures are null and
1052 void; providing for retroactive application; providing
1053 that certain comprehensive plan amendments, land
1054 development regulation amendments, site plans, and
1055 development permits or orders may be enforced under
1056 specified conditions; authorizing residents and owners
1057 of certain businesses to bring a civil action for
1058 declaratory and injunctive relief against a county or
1059 municipality that violates specified provisions;
1060 providing that such residents or business owners are
1061 entitled to a preliminary injunction against such
1062 county or municipality, under a specified condition;
1063 providing for the award of attorney fees and costs;
1064 prohibiting the awarding of attorney fees and costs
1065 and damages under specified circumstances; providing
1066 for future expiration; reenacting s. 252.55(6), F.S.,
1067 relating to a certain biennial report submitted by the
1068 wing commander of the Civil Air Patrol, to incorporate
1069 the amendment made to s. 252.35, F.S., in a reference
1070 thereto; providing effective dates.