Florida Senate - 2025 SB 180
By Senator DiCeglie
18-00937-25 2025180__
1 A bill to be entitled
2 An act relating to emergency preparedness and
3 response; amending s. 161.101, F.S.; authorizing the
4 Department of Environmental Protection to waive or
5 reduce local government match requirements under
6 certain circumstances; providing for future
7 expiration; amending s. 193.4518, F.S.; providing a
8 tangible personal property assessment limitation,
9 during a certain timeframe and in certain counties,
10 for certain agricultural equipment that is unable to
11 be used due to Hurricanes Debby, Helene, or Milton;
12 specifying conditions for applying for and receiving
13 the assessment limitation; providing procedures for
14 petitioning the value adjustment board if an
15 application is denied; providing applicability;
16 amending s. 215.559, F.S.; deleting a reference to a
17 certain report; revising public hurricane shelter
18 funding prioritization requirements for the Division
19 of Emergency Management; amending s. 250.375, F.S.;
20 authorizing certain servicemembers to provide medical
21 care in specified circumstances; amending s. 252.35,
22 F.S.; providing legislative intent; revising the date
23 by which the state comprehensive emergency management
24 plan must be submitted to the Legislature and the
25 Governor; revising the components of the plan;
26 requiring the division to provide certain assistance
27 to political subdivisions; revising requirements for
28 training provided by the division; revising inventory
29 requirements; deleting a requirement for a certain
30 biennial report; requiring the division to conduct an
31 annual hurricane readiness session in each region
32 designated by the division for a specified purpose;
33 requiring all county emergency management directors,
34 and authorizing others county and municipal personnel,
35 to attend, such session; requiring that the session
36 include specified topics and needs; amending s.
37 252.355, F.S.; authorizing the Department of Veterans’
38 Affairs to provide certain information to specified
39 clients or their caregivers; amending s. 252.3611,
40 F.S.; directing specified entities to submit specified
41 contracts and reports to the Legislature under
42 specified conditions; requiring that such contracts be
43 posted on a specified secure contract system;
44 requiring the Auditor General to post the results of
45 specified audits on his or her official website;
46 requiring the division to report annually to the
47 Legislature specified information on expenditures
48 related to emergencies; providing requirements for
49 such report; amending s. 252.365, F.S.; revising the
50 responsibilities for agency emergency coordination
51 officers; requiring agency heads to notify the
52 Governor and the division of the person designated as
53 the emergency coordination officer annually by a
54 specified date; amending s. 252.3655, F.S.; creating
55 the natural hazards risks and mitigation interagency
56 coordinating group; providing the purpose of the
57 group; providing for the membership and administration
58 of the group; requiring agency representatives to
59 provide information relating to natural hazards to
60 this state, agency resources, efforts to address and
61 mitigate risk and impacts of natural hazards;
62 requiring the group to meet in person or by
63 communication media technology at least quarterly for
64 specified purposes; requiring specified agency heads
65 to meet at least annually to strategize and prioritize
66 state efforts; requiring the division, on behalf of
67 the group, to prepare a certain progress report;
68 revising the requirements of such report; revising
69 requirements for an annual progress report by the
70 division on behalf of the group; requiring the
71 division, on behalf of the group, to submit such
72 report to the Governor and the Legislature; creating
73 s. 252.3713, F.S.; requiring the division to
74 administer the Hazard Mitigation Grant Program;
75 authorizing the division to retain a specified
76 percentage of the funds for state use; requiring that
77 the remaining percentage be distributed for use by
78 certain recipients; authorizing subrecipients to make
79 a certain election for a specified use; requiring the
80 prioritization of certain projects; authorizing the
81 division to coordinate with specified entities under
82 certain circumstances; requiring that such cooperation
83 ensures certain requirements are met and certain
84 projects are funded; authorizing fiscally constrained
85 counties to request that the division administer the
86 grant for such a county; authorizing such counties to
87 request certain assistance from the division;
88 requiring the division to adopt rules; amending s.
89 252.373, F.S.; conforming a cross-reference; amending
90 s. 252.38, F.S.; requiring each political subdivision
91 to notify the division of the designated emergency
92 contact annually by a specified date; amending s.
93 252.385, F.S.; revising reporting requirements for the
94 division; revising requirements for a specified list;
95 requiring the Department of Health and the Agency for
96 Persons with Disabilities to assist the division with
97 certain determinations; creating s. 252.392, F.S.;
98 requiring counties and municipalities to develop a
99 post-storm permitting plan; providing requirements for
100 the plan; requiring annual updates to the plan by a
101 specified date; requiring counties and municipalities
102 to publish, and post on their websites, a specified
103 storm recovery guide annually by a specified date;
104 prohibiting certain counties and municipalities from
105 increasing building permit or inspection fees within a
106 specified timeframe; requiring such counties and
107 municipalities to have certain personnel available
108 during normal business hours; amending s. 400.063,
109 F.S.; conforming a cross-reference; amending s.
110 403.7071, F.S.; providing that local governments are
111 authorized and encouraged to add addendums to certain
112 contracts or agreements; requiring counties and
113 municipalities to apply to the Department of
114 Environmental Protection for authorization to
115 designate at least one debris management site;
116 authorizing municipalities to apply jointly with a
117 county or another adjacent municipality for
118 authorization of a minimum number of debris management
119 sites if such entities approve a memorandum of
120 understanding; providing requirements for such
121 memoranda; prohibiting certain counties from proposing
122 or adopting certain moratoriums, amendments, or
123 procedures for a specified period; declaring that such
124 moratoriums, amendments, or procedures are null and
125 void; providing for retroactive application; providing
126 that certain comprehensive plan amendments, land
127 development regulation amendments, site plans, and
128 development permits or orders may be enforced under
129 specified conditions; providing for future expiration;
130 reenacting s. 252.55(6), F.S., relating to a certain
131 biennial report submitted by the wing commander of the
132 Civil Air Patrol, to incorporate the amendment made to
133 s. 252.35, F.S., in a reference thereto; providing
134 effective dates.
135
136 Be It Enacted by the Legislature of the State of Florida:
137
138 Section 1. Subsection (23) is added to section 161.101,
139 Florida Statutes, to read:
140 161.101 State and local participation in authorized
141 projects and studies relating to beach management and erosion
142 control.—
143 (23) Notwithstanding subsections (1), (15), and (16), and
144 for the 2025-2026 fiscal year, for beaches located in any county
145 listed in a federal declaration of disaster in 2024 that were
146 impacted by erosion caused by Hurricane Debby, Hurricane Helene,
147 or Hurricane Milton, the department may waive or reduce the
148 match requirements for local governments. This subsection
149 expires July 1, 2026.
150 Section 2. Section 193.4518, Florida Statutes, is amended
151 to read:
152 193.4518 Assessment of agricultural equipment rendered
153 unable to be used due to hurricanes Hurricane Idalia.—
154 (1) As used in this section, the term:
155 (a) “Farm” has the same meaning as provided in s.
156 823.14(3).
157 (b) “Farm operation” has the same meaning as provided in s.
158 823.14(3).
159 (c) “Unable to be used” means the tangible personal
160 property was damaged, or the farm, farm operation, or
161 agricultural processing facility was affected, to such a degree
162 that the tangible personal property could not be used for its
163 intended purpose.
164 (2)(a) For purposes of ad valorem taxation and applying to
165 the 2024 tax roll only, tangible personal property owned and
166 operated by a farm, a farm operation, or an agriculture
167 processing facility located in Charlotte County, Citrus County,
168 Columbia County, Dixie County, Gilchrist County, Hamilton
169 County, Hernando County, Jefferson County, Lafayette County,
170 Levy County, Madison County, Manatee County, Pasco County,
171 Pinellas County, Sarasota County, Suwannee County, or Taylor
172 County is deemed to have a market value no greater than its
173 value for salvage if the tangible personal property was unable
174 to be used for at least 60 days due to the effects of Hurricane
175 Idalia.
176 (b)(3) The deadline for an applicant to file an application
177 with the property appraiser for assessment pursuant to this
178 subsection section is March 1, 2024.
179 (c)(4) If the property appraiser denies an application, the
180 applicant may file, pursuant to s. 194.011(3), a petition with
181 the value adjustment board which requests that the tangible
182 personal property be assessed pursuant to this section. Such
183 petition must be filed on or before the 25th day after the
184 mailing by the property appraiser during the 2024 calendar year
185 of the notice required under s. 194.011(1).
186 (d)(5) This subsection section applies to tax rolls
187 beginning January 1, 2024.
188 (3)(a) For purposes of ad valorem taxation and applying to
189 the 2025 tax roll only, tangible personal property owned and
190 operated by a farm, a farm operation, or an agriculture
191 processing facility located in Alachua County, Baker County,
192 Bradford County, Brevard County, Charlotte County, Citrus
193 County, Clay County, Collier County, Columbia County, DeSoto
194 County, Dixie County, Duval County, Flagler County, Franklin
195 County, Gilchrist County, Glades County, Gulf County, Hamilton
196 County, Hardee County, Hendry County, Hernando County, Highlands
197 County, Hillsborough County, Indian River County, Jefferson
198 County, Lafayette County, Lake County, Lee County, Leon County,
199 Levy County, Madison County, Manatee County, Marion County,
200 Martin County, Okeechobee County, Orange County, Osceola County,
201 Palm Beach County, Pasco County, Pinellas County, Polk County,
202 Putnam County, Sarasota County, Seminole County, St. Johns
203 County, St. Lucie County, Sumter County, Suwannee County, Taylor
204 County, Union County, Volusia County, or Wakulla County is
205 deemed to have a market value no greater than its value for
206 salvage if the tangible personal property was unable to be used
207 for at least 60 days due to the effects of Hurricanes Debby,
208 Helene, and Milton.
209 (b) The deadline for an applicant to file an application
210 with the property appraiser for assessment pursuant to this
211 subsection is August 1, 2025.
212 (c) If the property appraiser denies an application, the
213 applicant may file, pursuant to s. 194.011(3), a petition with
214 the value adjustment board which requests that the tangible
215 personal property be assessed pursuant to this section. Such
216 petition must be filed on or before the 25th day after the
217 mailing by the property appraiser during the 2025 calendar year
218 of the notice required under s. 194.011(1).
219 (d) This subsection applies to tax rolls beginning January
220 1, 2025.
221 Section 3. Paragraph (b) of subsection (1) of section
222 215.559, Florida Statutes, is amended to read:
223 215.559 Hurricane Loss Mitigation Program.—A Hurricane Loss
224 Mitigation Program is established in the Division of Emergency
225 Management.
226 (1) The Legislature shall annually appropriate $10 million
227 of the moneys authorized for appropriation under s.
228 215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the
229 division for the purposes set forth in this section. Of the
230 amount:
231 (b) Three million dollars in funds shall be used to
232 construct or retrofit facilities used as public hurricane
233 shelters. Each year the division shall prioritize the use of
234 these funds for projects included in the annual report of the
235 Shelter Development Report prepared in accordance with s.
236 252.385(3). The division shall must give funding priority to
237 projects located in counties regional planning council regions
238 that have shelter deficits, projects that are publicly owned,
239 other than schools, and to projects that maximize the use of
240 state funds.
241 Section 4. Section 250.375, Florida Statutes, is amended to
242 read:
243 250.375 Medical officer authorization.—A servicemember
244 trained to provide medical care who is assigned to a military
245 duty position and authorized by the Florida National Guard to
246 provide medical care by virtue of such duty position may provide
247 such medical care to military personnel and civilians within
248 this state physician who holds an active license to practice
249 medicine in any state, a United States territory, or the
250 District of Columbia, while serving as a medical officer with or
251 in support of the Florida National Guard, pursuant to federal or
252 state orders, may practice medicine on military personnel or
253 civilians during an emergency or declared disaster or during
254 federal military training.
255 Section 5. Subsection (1) and paragraphs (a), (c), (n),
256 (s), and (x) of subsection (2) of section 252.35, Florida
257 Statutes, are amended, and paragraph (dd) is added to that
258 subsection, to read:
259 252.35 Emergency management powers; Division of Emergency
260 Management.—
261 (1) The division is responsible for maintaining a
262 comprehensive statewide program of emergency management. The
263 division is responsible for coordination with efforts of the
264 Federal Government with other departments and agencies of state
265 government, with county and municipal governments and school
266 boards, and with private agencies that have a role in emergency
267 management. The Legislature intends for other departments and
268 agencies of state government, county and municipal governments
269 and school boards, and private agencies that have a role in
270 emergency management to coordinate to the greatest extent
271 possible in the provision of emergency management efforts
272 through the division.
273 (2) The division is responsible for carrying out the
274 provisions of ss. 252.31-252.90. In performing its duties, the
275 division shall:
276 (a) Prepare a state comprehensive emergency management
277 plan, which must shall be integrated into and coordinated with
278 the emergency management plans and programs of the Federal
279 Government. The complete state comprehensive emergency
280 management plan must be submitted to the President of the
281 Senate, the Speaker of the House of Representatives, and the
282 Governor on October 1 of every odd-numbered year. The division
283 shall adopt the plan as a rule in accordance with chapter 120.
284 The plan must be implemented by a continuous, integrated
285 comprehensive emergency management program. The plan must
286 contain provisions to ensure that the state is prepared for
287 emergencies and minor, major, and catastrophic disasters, and
288 the division shall work closely with local governments and
289 agencies and organizations with emergency management
290 responsibilities in preparing and maintaining the plan. The
291 state comprehensive emergency management plan must be operations
292 oriented and:
293 1. Include an evacuation component that includes specific
294 regional and interregional planning provisions and promotes
295 intergovernmental coordination of evacuation activities. This
296 component must, at a minimum: contain guidelines for lifting
297 tolls on state highways; ensure coordination pertaining to
298 evacuees crossing county lines; set forth procedures for
299 directing people caught on evacuation routes to safe shelter;
300 establish strategies for ensuring sufficient, reasonably priced
301 fueling locations along evacuation routes; and establish
302 policies and strategies for emergency medical evacuations.
303 2. Include a shelter component that includes specific
304 regional and interregional planning provisions and promotes
305 coordination of shelter activities between the public, private,
306 and nonprofit sectors. This component must, at a minimum:
307 contain strategies to ensure the availability of adequate public
308 shelter space in each county region of the state; establish
309 strategies for refuge-of-last-resort programs; provide
310 strategies to assist local emergency management efforts to
311 ensure that adequate staffing plans exist for all shelters,
312 including medical and security personnel; provide for a
313 postdisaster communications system for public shelters;
314 establish model shelter guidelines for operations, registration,
315 inventory, power generation capability, information management,
316 and staffing; and set forth policy guidance for sheltering
317 people with special needs.
318 3. Include a postdisaster response and recovery component
319 that includes specific regional and interregional planning
320 provisions and promotes intergovernmental coordination of
321 postdisaster response and recovery activities. This component
322 must provide for postdisaster response and recovery strategies
323 according to whether a disaster is minor, major, or
324 catastrophic. The postdisaster response and recovery component
325 must, at a minimum: establish the structure of the state’s
326 postdisaster response and recovery organization; establish
327 procedures for activating the state’s plan; set forth policies
328 used to guide postdisaster response and recovery activities;
329 describe the chain of command during the postdisaster response
330 and recovery period; describe initial and continuous
331 postdisaster response and recovery actions; identify the roles
332 and responsibilities of each involved agency and organization;
333 provide for a comprehensive communications plan; establish
334 procedures for monitoring mutual aid agreements; provide for
335 rapid impact assessment teams; ensure the availability of an
336 effective statewide urban search and rescue program coordinated
337 with the fire services; ensure the existence of a comprehensive
338 statewide medical care and relief plan administered by the
339 Department of Health; and establish systems for coordinating
340 volunteers and accepting and distributing donated funds and
341 goods.
342 4. Include additional provisions addressing aspects of
343 preparedness, response, recovery, and mitigation as determined
344 necessary by the division.
345 5. Address the need for coordinated and expeditious
346 deployment of state resources, including the Florida National
347 Guard. In the case of an imminent major disaster, procedures
348 should address predeployment of the Florida National Guard, and,
349 in the case of an imminent catastrophic disaster, procedures
350 should address predeployment of the Florida National Guard and
351 the United States Armed Forces.
352 6. Establish a system of communications and warning to
353 ensure that the state’s population and emergency management
354 agencies are warned of developing emergency situations,
355 including public health emergencies, and can communicate
356 emergency response decisions.
357 7. Establish guidelines and schedules for annual exercises
358 that evaluate the ability of the state and its political
359 subdivisions to respond to minor, major, and catastrophic
360 disasters and support local emergency management agencies. Such
361 exercises shall be coordinated with local governments and, to
362 the extent possible, the Federal Government.
363 8. Assign lead and support responsibilities to state
364 agencies and personnel for emergency support functions and other
365 support activities.
366 9. Include the public health emergency plan developed by
367 the Department of Health pursuant to s. 381.00315.
368 10. Include an update on the status of the emergency
369 management capabilities of the state and its political
370 subdivisions.
371
372 The complete state comprehensive emergency management plan must
373 be submitted to the President of the Senate, the Speaker of the
374 House of Representatives, and the Governor on February 1 of
375 every even-numbered year.
376 (c) Assist political subdivisions in preparing and
377 maintaining emergency management plans. Such assistance must
378 include the development of a template for comprehensive
379 emergency management plans and guidance on the development of
380 mutual aid agreements when requested by the political
381 subdivision.
382 (n) Implement training programs to maintain Florida’s
383 status as a national leader in emergency management and improve
384 the ability of state and local emergency management personnel to
385 prepare and implement emergency management plans and programs.
386 This must shall include a continuous training program for
387 agencies and individuals who that will be called on to perform
388 key roles in state and local postdisaster response and recovery
389 efforts and for local government personnel on federal and state
390 postdisaster response and recovery strategies and procedures.
391 The division shall specify requirements for the minimum number
392 of training hours that county or municipal administrators,
393 county or city managers, county or municipal emergency
394 management directors, and county or municipal public works
395 directors or other officials responsible for the construction
396 and maintenance of public infrastructure must complete
397 biennially in addition to the training required pursuant to s.
398 252.38(1)(b).
399 (s) Complete an inventory of disaster response equipment,
400 including portable generators owned by the state and local
401 governments which are capable of operating during a major
402 disaster. The inventory must identify, at a minimum, the
403 location of each generator, the number of generators stored at
404 each specific location, the agency to which each generator
405 belongs, the primary use of the generator by the owner agency,
406 and the names, addresses, and telephone numbers of persons
407 having the authority to loan the stored generators as authorized
408 by the division during a declared emergency.
409 (x) Report biennially to the President of the Senate, the
410 Speaker of the House of Representatives, the Chief Justice of
411 the Supreme Court, and the Governor, no later than February 1 of
412 every odd-numbered year, the status of the emergency management
413 capabilities of the state and its political subdivisions. This
414 report must include the emergency management capabilities
415 related to public health emergencies, as determined in
416 collaboration with the Department of Health.
417 (dd) Conduct, by April 1 of each year, an annual hurricane
418 readiness session in each region designated by the division to
419 facilitate coordination between all emergency management
420 stakeholders. Each county emergency management director, or his
421 or her designee, shall, and other county and municipal personnel
422 may, attend the session for his or her region. A session must
423 include, but is not limited to, guidance on timelines for
424 preparation and response, information on state and federal
425 postdisaster resources and assistance, guidance to promote
426 efficient and expedited rebuilding of the community after a
427 hurricane, best practices for coordination and communication
428 among entities engaged in postdisaster response and recovery,
429 and discussion of any outstanding county or municipal
430 preparedness or readiness needs.
431 Section 6. Paragraph (b) of subsection (2) of section
432 252.355, Florida Statutes, is amended to read:
433 252.355 Registry of persons with special needs; notice;
434 registration program.—
435 (2) In order to ensure that all persons with special needs
436 may register, the division shall develop and maintain a special
437 needs shelter registration program. During a public health
438 emergency in which physical distancing is necessary, as
439 determined by the State Health Officer, the division must
440 maintain information on special needs shelter options that
441 mitigate the threat of the spread of infectious diseases.
442 (b) To assist in identifying persons with special needs,
443 home health agencies, hospices, nurse registries, home medical
444 equipment providers, the Department of Veterans’ Affairs, the
445 Department of Children and Families, the Department of Health,
446 the Agency for Health Care Administration, the Department of
447 Education, the Agency for Persons with Disabilities, the
448 Department of Elderly Affairs, and memory disorder clinics
449 shall, and any physician licensed under chapter 458 or chapter
450 459 and any pharmacy licensed under chapter 465 may, annually
451 provide registration information to all of their special needs
452 clients or their caregivers. The division shall develop a
453 brochure that provides information regarding special needs
454 shelter registration procedures. The brochure must be easily
455 accessible on the division’s website. All appropriate agencies
456 and community-based service providers, including aging and
457 disability resource centers, memory disorder clinics, home
458 health care providers, hospices, nurse registries, and home
459 medical equipment providers, shall, and any physician licensed
460 under chapter 458 or chapter 459 may, assist emergency
461 management agencies by annually registering persons with special
462 needs for special needs shelters, collecting registration
463 information for persons with special needs as part of the
464 program intake process, and establishing programs to educate
465 clients about the registration process and disaster preparedness
466 safety procedures. A client of a state-funded or federally
467 funded service program who has a physical, mental, or cognitive
468 impairment or sensory disability and who needs assistance in
469 evacuating, or when in a shelter, must register as a person with
470 special needs. The registration program shall give persons with
471 special needs the option of preauthorizing emergency response
472 personnel to enter their homes during search and rescue
473 operations if necessary to ensure their safety and welfare
474 following disasters.
475 Section 7. Subsections (2), (3), and (4) of section
476 252.3611, Florida Statutes, are amended, and subsection (5) is
477 added to that section, to read:
478 252.3611 Transparency; audits.—
479 (2) If When the duration of a declaration of a state of an
480 emergency issued by the Governor exceeds 90 days, regardless of
481 whether pursuant to the original declaration or extensions of
482 the same declaration:
483 (a)1. The Executive Office of the Governor or the
484 appropriate agency, within 72 hours after of executing a
485 contract executed with moneys authorized for expenditure to
486 support the response to the declared state of emergency, must
487 the Executive Office of the Governor or the appropriate agency
488 shall submit a copy of such contract to the Legislature. For
489 contracts executed during the first 90 days of the declared
490 state of emergency, the Executive Office of the Governor or the
491 appropriate agency shall submit a copy to the Legislature within
492 the first 120 days of the declared state of emergency.
493 2. All contracts executed to support the response to a
494 declared state of emergency, including contracts executed before
495 a declared state of emergency to secure resources or services in
496 advance or anticipation of an emergency, must be posted on the
497 secure contract tracking system required under s. 215.985(14).
498 (b) The Executive Office of the Governor or the appropriate
499 agency shall submit monthly reports to the Legislature of all
500 state expenditures, revenues received, and funds transferred by
501 an agency during the previous month to support the declared
502 state of emergency.
503 (3) Once an emergency exceeds 1 year, the Auditor General
504 shall conduct a financial audit of all associated expenditures
505 and a compliance audit of all associated contracts entered into
506 during the declared emergency. The Auditor General shall must
507 update the audit annually until the emergency is declared to be
508 ended. The Auditor General shall post the results of the audits
509 on his or her official website.
510 (4) Following the expiration or termination of a state of
511 emergency, the Auditor General shall conduct a financial audit
512 of all associated expenditures and a compliance audit of all
513 associated contracts entered into during the state of emergency.
514 The Auditor General shall post the results of the audits on his
515 or her official website.
516 (5) Annually by January 15, the division shall report to
517 the President of the Senate, the Speaker of the House of
518 Representatives, and the chairs of the appropriations committee
519 of each house of the Legislature on expenditures related to
520 emergencies incurred over the year from November 1 of the
521 previous year. The report must include:
522 (a) A separate summary of each emergency event, whether
523 complete or ongoing, and key actions taken by the division.
524 (b) Details of expenditures, separated by emergency event
525 and agency, for preparing for, responding to, or recovering from
526 the event. The report must specify detailed expenditures for the
527 entire report time period; specify total expenditures for the
528 event; and indicate amounts that are being or are anticipated to
529 be reimbursed by the Federal Emergency Management Agency or
530 other federal entity, amounts ineligible for reimbursement, and
531 any amounts deobligated by the Federal Emergency Management
532 Agency or other federal entity for reimbursement. The division
533 shall review expenditures by state agencies to ensure that
534 efforts, purchases, contracts, or expenditures are not
535 duplicated.
536 (c) An accounting of all inventory and assets purchased,
537 separated by emergency event and agency, for preparing for,
538 responding to, or recovering from the event, including motor
539 vehicles, boats, computers, and other equipment, and the current
540 status of such assets, including divestment, sale, or donation
541 by the state. The report must include a detailed accounting for
542 the entire report time period and specify a total for the event.
543 Section 8. Subsections (2) and (4) of section 252.365,
544 Florida Statutes, are amended to read:
545 252.365 Emergency coordination officers; disaster
546 preparedness plans.—
547 (2) The emergency coordination officer is responsible for
548 coordinating with the division on emergency preparedness issues,
549 preparing and maintaining emergency preparedness and
550 postdisaster response and recovery plans for such agency,
551 maintaining rosters of personnel to assist in disaster
552 operations, and coordinating appropriate training for agency
553 personnel, and coordinating with the division on emergency
554 preparedness and recovery issues, including identifying
555 priorities for postdisaster long-term recovery activities.
556 (4) On or before May 1 of each year, the head of each
557 agency shall notify the Governor and the division in writing of
558 the person initially designated as the emergency coordination
559 officer for such agency and her or his alternate and of any
560 changes in persons so designated thereafter.
561 Section 9. Section 252.3655, Florida Statutes, is amended
562 to read:
563 252.3655 Natural hazards risks and mitigation interagency
564 coordinating group workgroup.—
565 (1)(a) An interagency coordinating group workgroup is
566 created for the purpose of sharing information on the current
567 and potential risks and impacts of natural hazards throughout
568 this the state, coordinating the ongoing efforts of state
569 agencies in addressing and mitigating the risks and impacts of
570 natural hazards, and collaborating on statewide initiatives to
571 address and mitigate the risks and impacts of natural hazards.
572 As used in this section, the term “natural hazards” includes,
573 but is not limited to, extreme heat, drought, wildfire, sea
574 level change, high tides, storm surge, saltwater intrusion,
575 stormwater runoff, flash floods, inland flooding, and coastal
576 flooding.
577 (b) The agency head, or his or her designated senior
578 manager, from each of the following agencies shall serve on the
579 coordinating group:
580 1. Agency for Health Care Administration.
581 2. Chief Resilience Officer of the Statewide Office of
582 Resilience.
583 3. Department of Agriculture and Consumer Services.
584 4. Department of Commerce.
585 5. Department of Environmental Protection.
586 6. Department of Health.
587 7. Department of Law Enforcement.
588 8. Department of Highway Safety and Motor Vehicles.
589 9. Department of Military Affairs.
590 10. Division of Emergency Management.
591 11. Department of Transportation.
592 12. Fish and Wildlife Conservation Commission.
593 13. Office of Insurance Regulation.
594 14. Public Service Commission Each agency within the
595 executive branch of state government, each water management
596 district, and the Florida Public Service Commission shall select
597 from within such agency a person to be designated as the agency
598 liaison to the workgroup.
599 (c) The director of the Division of Emergency Management,
600 or his or her designee, shall serve as the administrator liaison
601 to and coordinator of the coordinating group workgroup.
602 (d) Each agency representative liaison shall provide
603 information from his or her respective agency, including all
604 relevant reports, on the current and potential risks and impacts
605 of natural hazards to this state to his or her agency, agency
606 resources available, and efforts made by the agency to address
607 and mitigate the risks and impacts of against natural hazards,
608 and efforts made by the agency to address the impacts of natural
609 hazards.
610 (e)1. The coordinating group workgroup shall meet in person
611 or by means of communications media technology as provided in s.
612 120.54(5)(b)2. at least teleconference on a quarterly basis to
613 share information, leverage agency resources, coordinate ongoing
614 efforts, and provide information for inclusion in the annual
615 progress report submitted pursuant to subsection (2). Agency
616 heads for the agencies listed in paragraph (b) shall meet in
617 person at least annually to collectively strategize and
618 prioritize state efforts.
619 2. Information regarding the coordinating group, including
620 meeting agendas and reports, must be posted in a conspicuous
621 location on the division’s website.
622 (2)(a) On behalf of the coordinating group workgroup, the
623 division of Emergency Management shall prepare an annual
624 progress report on the implementation of the state’s hazard
625 mitigation plan, developed and submitted in accordance with 42
626 U.S.C. s. 5165 and any implementing regulations, as it relates
627 to natural hazards. At a minimum, the annual progress report
628 must:
629 1. Assess each agency’s the relevance, level, and
630 significance of current agency efforts to address and mitigate
631 the risks and impacts of natural hazards; and
632 2. Strategize and prioritize ongoing efforts to address and
633 mitigate the risks and impacts of natural hazards;.
634 3. Provide recommendations regarding statutory changes and
635 funding that may assist in addressing or mitigating the risks
636 and impacts of natural hazards; and
637 4. Provide recommendations for state and local natural
638 hazard mitigation strategies.
639 (b) Each liaison is responsible for ensuring that the
640 workgroup’s annual progress report is posted on his or her
641 agency’s website.
642 (c) By January 1 of each year, 2019, and each year
643 thereafter, the division on behalf of the coordinating group
644 workgroup shall submit the annual progress report to the
645 Governor, the President of the Senate, and the Speaker of the
646 House of Representatives.
647 Section 10. Section 252.3713, Florida Statutes, is created
648 to read:
649 252.3713 Hazard Mitigation Grant Program.—
650 (1) The division shall administer the Hazard Mitigation
651 Grant Program as authorized and described in s. 404 of the
652 Robert T. Stafford Disaster Relief and Emergency Assistance Act,
653 as amended by Pub. L. No. 103-181, Pub. L. No. 103-337, and Pub.
654 L. No. 106-390.
655 (2) The division may retain no more than 25 percent of any
656 funds received for use by the state. A minimum of 75 percent of
657 any funds received must be distributed for use by the
658 subrecipients in the counties specified in the Presidential
659 Disaster Declaration. However, a subrecipient may elect to share
660 some or all of its allocation with the division to be used for
661 projects benefiting the region in which the subrecipient is
662 located.
663 (3) The division and subrecipients shall prioritize
664 projects that fulfill the following purposes when adopting
665 mitigation strategies and plans and applying for funds under the
666 grant program:
667 (a) Reducing shelter space deficits through retrofitting of
668 existing shelters and hardening of public buildings that are not
669 schools. Reducing deficits in shelter space intended to
670 accommodate individuals with special needs must be prioritized
671 before addressing deficits in other types of shelter space.
672 (b) Mitigating impacts to public infrastructure, including
673 roads, bridges, and stormwater, water, and sewer systems, to
674 enhance resistance to natural hazards and prevent and reduce
675 losses.
676 (c) Mitigating impacts to school facilities which will
677 reduce future disaster losses and make the facilities more
678 resistant to natural hazards.
679 (d) Retrofitting of regional and local emergency management
680 or operations centers.
681 (e) Other projects that the division may define by rule.
682 (4) The division may coordinate with other state agencies
683 and political subdivisions to develop and implement innovative
684 approaches to funding mitigation projects using grants under the
685 Hazard Mitigation Grant Program, including, but not limited to,
686 combining funding received from multiple federal and state
687 programs. The division, in cooperation with other state agencies
688 that administer federal grant programs, shall ensure that:
689 (a) Projects funded through multiple programs comply with
690 all applicable federal and state requirements of the respective
691 programs under which funding was received.
692 (b) Funding is used for projects in the geographic areas
693 specified in the grant of funding.
694 (5) A fiscally constrained county may request that the
695 division administer the grant for such county. A fiscally
696 constrained county may request additional assistance from the
697 division in preparing applications for grants and developing a
698 structure for implementing, monitoring the execution of, and
699 closing out projects.
700 (6) The division shall adopt rules to implement this
701 section.
702 Section 11. Paragraph (a) of subsection (2) of section
703 252.373, Florida Statutes, is amended to read:
704 252.373 Allocation of funds; rules.—
705 (2) The division shall allocate funds from the Emergency
706 Management, Preparedness, and Assistance Trust Fund to local
707 emergency management agencies and programs pursuant to criteria
708 specified in rule. Such rules shall include, but are not limited
709 to:
710 (a) Requiring that, at a minimum, a local emergency
711 management agency either:
712 1. Have a program director who works at least 40 hours a
713 week in that capacity; or
714 2. If the county has fewer than 75,000 population or is
715 party to an interjurisdictional emergency management agreement
716 entered into pursuant to s. 252.38(3)(c) s. 252.38(3)(b), that
717 is recognized by the Governor by executive order or rule, have
718 an emergency management coordinator who works at least 20 hours
719 a week in that capacity.
720 Section 12. Present paragraphs (a) and (b) of subsection
721 (3) of section 252.38, Florida Statutes, are redesignated as
722 paragraphs (b) and (c), respectively, a new paragraph (a) is
723 added to that subsection, and paragraph (a) of subsection (1) is
724 amended, to read:
725 252.38 Emergency management powers of political
726 subdivisions.—Safeguarding the life and property of its citizens
727 is an innate responsibility of the governing body of each
728 political subdivision of the state.
729 (1) COUNTIES.—
730 (a) In order to provide effective and orderly governmental
731 control and coordination of emergency operations in emergencies
732 within the scope of ss. 252.31-252.90, each county within this
733 state shall be within the jurisdiction of, and served by, the
734 division. Except as otherwise provided in ss. 252.31-252.90,
735 each local emergency management agency shall have jurisdiction
736 over and serve an entire county. Unless part of an
737 interjurisdictional emergency management agreement entered into
738 pursuant to paragraph (3)(c) (3)(b) which is recognized by the
739 Governor by executive order or rule, each county must establish
740 and maintain such an emergency management agency and shall
741 develop a county emergency management plan and program that is
742 coordinated and consistent with the state comprehensive
743 emergency management plan and program. Counties that are part of
744 an interjurisdictional emergency management agreement entered
745 into pursuant to paragraph (3)(b) which is recognized by the
746 Governor by executive order or rule shall cooperatively develop
747 an emergency management plan and program that is coordinated and
748 consistent with the state comprehensive emergency management
749 plan and program.
750 (3) EMERGENCY MANAGEMENT POWERS; POLITICAL SUBDIVISIONS.—
751 (a) Each political subdivision shall notify the division on
752 or before May 1 each year of the person designated as the
753 emergency contact for the political subdivision and his or her
754 alternate and of any changes in persons so designated
755 thereafter. For a county, this includes the county emergency
756 management director.
757 Section 13. Subsections (2) and (3) of section 252.385,
758 Florida Statutes, are amended to read:
759 252.385 Public shelter space; public records exemption.—
760 (2)(a) The division shall administer a program to survey
761 existing schools, universities, community colleges, and other
762 state-owned, municipally owned, and county-owned public
763 buildings and any private facility that the owner, in writing,
764 agrees to provide for use as a public hurricane evacuation
765 shelter to identify those that are appropriately designed and
766 located to serve as such shelters. The owners of the facilities
767 must be given the opportunity to participate in the surveys. The
768 state university boards of trustees, district school boards,
769 community college boards of trustees, and the Department of
770 Education are responsible for coordinating and implementing the
771 survey of public schools, universities, and community colleges
772 with the division or the local emergency management agency.
773 (b) By January 31 of each even-numbered year, the division
774 shall prepare and submit a statewide emergency shelter plan to
775 the Governor and Cabinet for approval, subject to the
776 requirements for approval in s. 1013.37(2). The emergency
777 shelter plan must project, for each of the next 5 years, the
778 hurricane shelter needs of the state, including periods of time
779 during which a concurrent public health emergency may
780 necessitate more space for each individual to accommodate
781 physical distancing. In addition to information on the general
782 shelter needs throughout this state, the plan must identify the
783 general location and square footage of special needs shelters,
784 by regional planning council region. The plan must also include
785 information on the availability of shelters that accept pets.
786 The Department of Health shall assist the division in
787 determining the estimated need for special needs shelter space
788 and the adequacy of facilities to meet the needs of persons with
789 special needs based on information from the registries of
790 persons with special needs and other information.
791 (3)(a) The division shall annually provide by October 15 to
792 the Governor, the President of the Senate, and the Speaker of
793 the House of Representatives, and the Governor a report that
794 includes a list of facilities recommended to be retrofitted
795 using state funds. State funds should be maximized and targeted
796 to projects in counties regional planning council regions with
797 hurricane evacuation shelter deficits. Additionally, the
798 division shall prioritize on the list of recommended facilities
799 other state-owned, municipal-owned, and county-owned public
800 buildings, other than schools, for retrofit using state funds.
801 The owner or lessee of a public hurricane evacuation shelter
802 that is included on the list of facilities recommended for
803 retrofitting is not required to perform any recommended
804 improvements.
805 (b) The report required in paragraph (a) must include a
806 statewide emergency shelter plan that must project, for each of
807 the next 5 years, the hurricane shelter needs of the state. In
808 addition to information on the general shelter needs throughout
809 this state, the plan must identify, by county, the general
810 location and square footage of special needs shelters. The plan
811 must also include information on the availability of shelters
812 that accept pets. The Department of Health and the Agency for
813 Persons with Disabilities shall assist the division in
814 determining the estimated need for special needs shelter space,
815 the estimated need for general shelter space to accommodate
816 persons with developmental disabilities, including, but not
817 limited to, autism, and the adequacy of facilities to meet the
818 needs of persons with special needs based on information from
819 the registries of persons with special needs and other
820 information.
821 Section 14. Section 252.392, Florida Statutes, is created
822 to read:
823 252.392 Post-storm county and municipal permitting;
824 operations.—
825 (1)(a) Each county and municipality shall develop a post
826 storm permitting plan to expedite recovery and rebuilding by
827 providing for special building permit and inspection procedures
828 after a hurricane or tropical storm. The plan must, at a
829 minimum:
830 1. Ensure sufficient personnel are prepared and available
831 to expeditiously manage post-disaster building inspection,
832 permitting, and enforcement tasks. The plan must anticipate
833 conditions that would necessitate supplemental personnel for
834 such tasks and address methods for fulfilling such personnel
835 needs, including through mutual aid agreements as authorized in
836 s. 252.40, other arrangements, such as those with private sector
837 contractors, or supplemental state or federal funding. The plan
838 must include training requirements and protocols for
839 supplemental personnel to ensure compliance with local
840 floodplain management requirements that apply within the county
841 or municipality.
842 2. Account for multiple or alternate locations where
843 building permit services may be offered in-person to the public
844 following a hurricane or tropical storm, during regular business
845 hours.
846 3. Specify a protocol to expedite permitting procedures
847 and, if practicable, for the waiver or reduction of applicable
848 fees in accordance with and in addition to the procedures and
849 waivers provided for under s. 553.7922. The plan must identify
850 the types of permits that are frequently requested following a
851 hurricane or tropical storm and methods to expedite the
852 processing of such permits.
853 4. Specify procedures and resources necessary to promote
854 expeditious debris removal following a hurricane or tropical
855 storm.
856 (b) Each county and municipality shall update the plan no
857 later than May 1 annually.
858 (2)(a) By May 1 annually, each county and municipality
859 shall publish on its website a hurricane and tropical storm
860 recovery permitting guide for residential and commercial
861 property owners. The guide must describe:
862 1. The types of post-storm repairs that require a permit
863 and applicable fees.
864 2. The types of post-storm repairs that do not require a
865 permit.
866 3. The post-storm permit application process and specific
867 modifications the county or municipality commonly makes to
868 expedite the process, including the physical locations where
869 permitting services will be offered.
870 4. Local requirements for rebuilding specific to the county
871 or municipality, including elevation requirements following
872 substantial damage and substantial improvement pursuant to the
873 National Flood Insurance Program (NFIP) and any local amendments
874 to the building code.
875 (b) As soon as practicable following a hurricane or
876 tropical storm, a county or municipality within the area for
877 which a state of emergency pursuant to s. 252.36 for such
878 hurricane or tropical storm is declared shall publish updates on
879 its website to the information required under paragraph (a)
880 which are specific to such storm, including any permitting fee
881 waivers or reductions.
882 (3) For 180 days after a state of emergency is declared
883 pursuant to s. 252.36 for a hurricane or tropical storm, a
884 county or municipality within the area for which the state of
885 emergency is declared:
886 (a) May not increase building permit or inspection fees.
887 (b) Must have employees and supplemental personnel
888 available during the county’s or municipality’s normal business
889 hours to process permits.
890 Section 15. Subsection (1) of section 400.063, Florida
891 Statutes, is amended to read:
892 400.063 Resident protection.—
893 (1) The Health Care Trust Fund shall be used for the
894 purpose of collecting and disbursing funds generated from the
895 license fees and administrative fines as provided for in ss.
896 393.0673(5), 400.062(3), 400.121(2), and 400.23(8). Such funds
897 shall be for the sole purpose of paying for the appropriate
898 alternate placement, care, and treatment of residents who are
899 removed from a facility licensed under this part or a facility
900 specified in s. 393.0678(1) in which the agency determines that
901 existing conditions or practices constitute an immediate danger
902 to the health, safety, or security of the residents. If the
903 agency determines that it is in the best interest of the health,
904 safety, or security of the residents to provide for an orderly
905 removal of the residents from the facility, the agency may
906 utilize such funds to maintain and care for the residents in the
907 facility pending removal and alternative placement. The
908 maintenance and care of the residents shall be under the
909 direction and control of a receiver appointed pursuant to s.
910 393.0678(1) or s. 400.126(1). However, funds may be expended in
911 an emergency upon a filing of a petition for a receiver, upon
912 the declaration of a state of local emergency pursuant to s.
913 252.38(3)(b)5. s. 252.38(3)(a)5., or upon a duly authorized
914 local order of evacuation of a facility by emergency personnel
915 to protect the health and safety of the residents.
916 Section 16. Subsection (7) of section 403.7071, Florida
917 Statutes, is amended, and subsection (8) is added to that
918 section, to read:
919 403.7071 Management of storm-generated debris.—Solid waste
920 generated as a result of a storm event that is the subject of an
921 emergency order issued by the department may be managed as
922 follows:
923 (7) Unless otherwise specified in a contract or franchise
924 agreement between a local government and a private solid waste
925 or debris management service provider, a private solid waste or
926 debris management service provider is not required to collect
927 storm-generated yard trash. Local governments are authorized and
928 encouraged to add an addendum to existing contracts or franchise
929 agreements for collection of storm-generated debris.
930 (8)(a) Each county and municipality shall apply to the
931 department for authorization of at least one debris management
932 site as described in subsection (2) and shall annually seek
933 preauthorization for any previously approved debris management
934 sites, as allowed by the department.
935 (b) A municipality may jointly apply for authorization of a
936 debris management site with a county or at least one adjacent
937 municipality, if the parties develop and approve a memorandum of
938 understanding. Such memorandum must clearly outline the capacity
939 of the debris management site and location of the site relative
940 to each party. The memorandum of understanding must be approved
941 annually as part of the preauthorization process described in
942 paragraph (a).
943 Section 17. (1) Each county listed in the federal disaster
944 declaration for Hurricane Debby (DR-4806), Hurricane Helene (DR
945 4828), or Hurricane Milton (DR 4834), and each municipality
946 within one of those counties, shall not propose or adopt any
947 moratorium on construction, reconstruction, or redevelopment of
948 any property damaged by such hurricanes; propose or adopt more
949 restrictive or burdensome amendments to its comprehensive plan
950 or land development regulations; or propose or adopt more
951 restrictive or burdensome procedures concerning review,
952 approval, or issuance of a site plan, development permit, or
953 development order, to the extent that those terms are defined by
954 s. 163.3164, Florida Statutes, before October 1, 2027, and any
955 such moratorium or restrictive or burdensome comprehensive plan
956 amendment, land development regulation, or procedure shall be
957 null and void ab initio. This subsection applies retroactively
958 to August 1, 2024.
959 (2) Notwithstanding subsection (1), any comprehensive plan
960 amendment, land development regulation amendment, site plan,
961 development permit, or development order approved or adopted by
962 a county or municipality before or after the effective date of
963 this section may be enforced if:
964 (a) The associated application is initiated by a private
965 party other than the county or municipality.
966 (b) The property that is the subject of the application is
967 owned by the initiating private party.
968 (3) This section shall take effect upon becoming a law and
969 expires June 30, 2028.
970 Section 18. For the purpose of incorporating the amendment
971 made by this act to section 252.35, Florida Statutes, in a
972 reference thereto, subsection (6) of section 252.55, Florida
973 Statutes, is reenacted to read:
974 252.55 Civil Air Patrol, Florida Wing.—
975 (6) The wing commander of the Florida Wing of the Civil Air
976 Patrol shall biennially furnish the division a 2-year projection
977 of the goals and objectives of the Civil Air Patrol which shall
978 be reported in the division’s biennial report submitted pursuant
979 to s. 252.35.
980 Section 19. Except as otherwise expressly provided in this
981 act and except for this section, which shall take effect upon
982 this act becoming a law, this act shall take effect July 1,
983 2025.