Florida Senate - 2025 CS for SB 180
By the Committee on Community Affairs; and Senator DiCeglie
578-02302-25 2025180c1
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 for retroactive
16 application; amending s. 215.559, F.S.; deleting a
17 reference to a certain report; revising public
18 hurricane shelter funding prioritization requirements
19 for the Division of Emergency Management; amending s.
20 250.375, F.S.; authorizing certain servicemembers to
21 provide medical care in specified circumstances;
22 amending s. 252.35, F.S.; providing legislative
23 intent; revising the date by which the state
24 comprehensive emergency management plan must be
25 submitted to the Legislature and the Governor;
26 revising the components of the plan; requiring the
27 division to provide certain assistance to political
28 subdivisions; revising requirements for training
29 provided by the division; revising inventory
30 requirements; deleting a requirement for a certain
31 biennial report; requiring the division to conduct an
32 annual hurricane readiness session in each region
33 designated by the division for a specified purpose;
34 requiring all county emergency management directors,
35 and authorizing other county and municipal personnel
36 to attend such session; requiring that the session
37 include specified topics and needs; amending s.
38 252.355, F.S.; authorizing the Department of Veterans’
39 Affairs to provide certain information to specified
40 clients or their caregivers; amending s. 252.3611,
41 F.S.; directing specified entities to submit specified
42 contracts and reports to the Legislature under
43 specified conditions; requiring that such contracts be
44 posted on a specified secure contract system;
45 requiring the Auditor General to post the results of
46 specified audits on his or her official website;
47 requiring the division to report annually to the
48 Legislature specified information on expenditures
49 related to emergencies; providing requirements for
50 such report; amending s. 252.365, F.S.; revising the
51 responsibilities for agency emergency coordination
52 officers; requiring agency heads to notify the
53 Governor and the division of the person designated as
54 the emergency coordination officer annually by a
55 specified date; amending s. 252.3655, F.S.; creating
56 the natural hazards risks and mitigation interagency
57 coordinating group; providing the purpose of the
58 group; providing for the membership and administration
59 of the group; requiring agency representatives to
60 provide information relating to natural hazards to
61 this state, agency resources, efforts to address and
62 mitigate risk and impacts of natural hazards;
63 requiring the group to meet in person or by
64 communication media technology at least quarterly for
65 specified purposes; requiring specified agency heads
66 to meet at least annually to strategize and prioritize
67 state efforts; requiring the division, on behalf of
68 the group, to prepare a certain progress report;
69 revising the requirements of such report; revising
70 requirements for an annual progress report by the
71 division on behalf of the group; requiring the
72 division, on behalf of the group, to submit such
73 report to the Governor and the Legislature; amending
74 s. 252.37, F.S.; requiring the division to notify the
75 Legislature of its intent to accept or apply for
76 federal funds under certain circumstances; requiring
77 the division to take steps to maximize the
78 availability and expedite distribution of financial
79 assistance from the Federal Government to state and
80 local agencies; requiring that such steps include the
81 standardization and streamlining of the application
82 process for federal financial assistance and the
83 provision of assistance to those applicants for a
84 specified purpose; requiring the division to use
85 certain federal funds to implement such requirements;
86 creating s. 252.3713, F.S.; requiring the division to
87 administer the Hazard Mitigation Grant Program;
88 authorizing the division to retain a specified
89 percentage of the funds for use within the state;
90 requiring that the remaining percentage be distributed
91 for use by certain recipients; authorizing
92 subrecipients to make a certain election for a
93 specified use; requiring the prioritization of certain
94 projects; authorizing the division to coordinate with
95 specified entities under certain circumstances;
96 requiring that such cooperation ensures certain
97 requirements are met and certain projects are funded;
98 authorizing fiscally constrained counties to request
99 that the division administer the grant for such a
100 county; authorizing such counties to request certain
101 assistance from the division; requiring the division
102 to adopt rules; amending s. 252.373, F.S.; conforming
103 a cross-reference; amending s. 252.38, F.S.; requiring
104 each political subdivision to notify the division of
105 the designated emergency contact annually by a
106 specified date; amending s. 252.385, F.S.; revising
107 reporting requirements for the division; revising
108 requirements for a specified list; requiring the
109 Department of Health and the Agency for Persons with
110 Disabilities to assist the division with certain
111 determinations; creating s. 252.392, F.S.; requiring
112 counties and municipalities to develop a post-storm
113 permitting plan; providing requirements for the plan;
114 requiring annual updates to the plan by a specified
115 date; requiring counties and municipalities to
116 publish, and post on their websites, a specified storm
117 recovery guide annually by a specified date;
118 prohibiting certain counties and municipalities from
119 increasing building permit or inspection fees within a
120 specified timeframe; requiring such counties and
121 municipalities to have certain personnel available
122 during normal business hours; amending s. 400.063,
123 F.S.; conforming a cross-reference; amending s.
124 403.7071, F.S.; providing that local governments are
125 authorized and encouraged to add certain addendums to
126 certain contracts or agreements; requiring counties
127 and municipalities to apply to the Department of
128 Environmental Protection for authorization to
129 designate at least one debris management site;
130 authorizing municipalities to apply jointly with a
131 county or another adjacent municipality for
132 authorization of a minimum number of debris management
133 sites if such entities approve a memorandum of
134 understanding; providing requirements for such
135 memoranda; prohibiting certain counties from proposing
136 or adopting certain moratoriums, amendments, or
137 procedures for a specified period; declaring that such
138 moratoriums, amendments, or procedures are null and
139 void; providing for retroactive application; providing
140 that certain comprehensive plan amendments, land
141 development regulation amendments, site plans, and
142 development permits or orders may be enforced under
143 specified conditions; authorizing residents and owners
144 of certain businesses to bring a civil action for
145 declaratory and injunctive relief against a county or
146 municipality that violates specified provisions;
147 providing that such residents or business owners are
148 entitled to a preliminary injunction against such
149 county or municipality, under a specified condition;
150 providing for the award of attorney fees and costs;
151 prohibiting the awarding of attorney fees and costs
152 and damages under specified circumstances; providing
153 for future expiration; reenacting s. 252.55(6), F.S.,
154 relating to a certain biennial report submitted by the
155 wing commander of the Civil Air Patrol, to incorporate
156 the amendment made to s. 252.35, F.S., in a reference
157 thereto; providing effective dates.
158
159 Be It Enacted by the Legislature of the State of Florida:
160
161 Section 1. Subsection (23) is added to section 161.101,
162 Florida Statutes, to read:
163 161.101 State and local participation in authorized
164 projects and studies relating to beach management and erosion
165 control.—
166 (23) Notwithstanding subsections (1), (15), and (16), and
167 for the 2025-2026 fiscal year, for beaches located in any county
168 listed in a federal declaration of disaster in 2024 that were
169 impacted by erosion caused by Hurricane Debby, Hurricane Helene,
170 or Hurricane Milton, the department may waive or reduce the
171 match requirements for local governments. This subsection
172 expires July 1, 2026.
173 Section 2. Effective upon becoming a law, section 193.4518,
174 Florida Statutes, is amended to read:
175 193.4518 Assessment of agricultural equipment rendered
176 unable to be used due to hurricanes Hurricane Idalia.—
177 (1) As used in this section, the term:
178 (a) “Farm” has the same meaning as provided in s.
179 823.14(3).
180 (b) “Farm operation” has the same meaning as provided in s.
181 823.14(3).
182 (c) “Unable to be used” means the tangible personal
183 property was damaged, or the farm, farm operation, or
184 agricultural processing facility was affected, to such a degree
185 that the tangible personal property could not be used for its
186 intended purpose.
187 (2)(a) For purposes of ad valorem taxation and applying to
188 the 2024 tax roll only, tangible personal property owned and
189 operated by a farm, a farm operation, or an agriculture
190 processing facility located in Charlotte County, Citrus County,
191 Columbia County, Dixie County, Gilchrist County, Hamilton
192 County, Hernando County, Jefferson County, Lafayette County,
193 Levy County, Madison County, Manatee County, Pasco County,
194 Pinellas County, Sarasota County, Suwannee County, or Taylor
195 County is deemed to have a market value no greater than its
196 value for salvage if the tangible personal property was unable
197 to be used for at least 60 days due to the effects of Hurricane
198 Idalia.
199 (b)(3) The deadline for an applicant to file an application
200 with the property appraiser for assessment pursuant to this
201 subsection section is March 1, 2024.
202 (c)(4) If the property appraiser denies an application, the
203 applicant may file, pursuant to s. 194.011(3), a petition with
204 the value adjustment board which requests that the tangible
205 personal property be assessed pursuant to this section. Such
206 petition must be filed on or before the 25th day after the
207 mailing by the property appraiser during the 2024 calendar year
208 of the notice required under s. 194.011(1).
209 (d)(5) This subsection section applies to tax rolls
210 beginning January 1, 2024.
211 (3)(a) For purposes of ad valorem taxation and applying to
212 the 2025 tax roll only, tangible personal property owned and
213 operated by a farm, a farm operation, or an agriculture
214 processing facility located in Alachua County, Baker County,
215 Bradford County, Brevard County, Charlotte County, Citrus
216 County, Clay County, Collier County, Columbia County, DeSoto
217 County, Dixie County, Duval County, Flagler County, Franklin
218 County, Gilchrist County, Glades County, Gulf County, Hamilton
219 County, Hardee County, Hendry County, Hernando County, Highlands
220 County, Hillsborough County, Indian River County, Jefferson
221 County, Lafayette County, Lake County, Lee County, Leon County,
222 Levy County, Madison County, Manatee County, Marion County,
223 Martin County, Okeechobee County, Orange County, Osceola County,
224 Palm Beach County, Pasco County, Pinellas County, Polk County,
225 Putnam County, Sarasota County, Seminole County, St. Johns
226 County, St. Lucie County, Sumter County, Suwannee County, Taylor
227 County, Union County, Volusia County, or Wakulla County is
228 deemed to have a market value no greater than its value for
229 salvage if the tangible personal property was unable to be used
230 for at least 60 days due to the effects of Hurricanes Debby,
231 Helene, and Milton.
232 (b) The deadline for an applicant to file an application
233 with the property appraiser for assessment pursuant to this
234 subsection is August 1, 2025.
235 (c) If the property appraiser denies an application, the
236 applicant may file, pursuant to s. 194.011(3), a petition with
237 the value adjustment board which requests that the tangible
238 personal property be assessed pursuant to this section. Such
239 petition must be filed on or before the 25th day after the
240 mailing by the property appraiser during the 2025 calendar year
241 of the notice required under s. 194.011(1).
242 (d) This subsection applies retroactively to January 1,
243 2025.
244 Section 3. Paragraph (b) of subsection (1) of section
245 215.559, Florida Statutes, is amended to read:
246 215.559 Hurricane Loss Mitigation Program.—A Hurricane Loss
247 Mitigation Program is established in the Division of Emergency
248 Management.
249 (1) The Legislature shall annually appropriate $10 million
250 of the moneys authorized for appropriation under s.
251 215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the
252 division for the purposes set forth in this section. Of the
253 amount:
254 (b) Three million dollars in funds shall be used to
255 construct or retrofit facilities used as public hurricane
256 shelters. Each year the division shall prioritize the use of
257 these funds for projects included in the annual report of the
258 Shelter Development Report prepared in accordance with s.
259 252.385(3). The division shall must give funding priority to
260 projects located in counties regional planning council regions
261 that have shelter deficits, projects that are publicly owned,
262 other than schools, and to projects that maximize the use of
263 state funds.
264 Section 4. Section 250.375, Florida Statutes, is amended to
265 read:
266 250.375 Medical officer authorization.—A servicemember
267 trained to provide medical care who is assigned to a military
268 duty position and authorized by the Florida National Guard to
269 provide medical care by virtue of such duty position may provide
270 such medical care to military personnel and civilians within
271 this state physician who holds an active license to practice
272 medicine in any state, a United States territory, or the
273 District of Columbia, while serving as a medical officer with or
274 in support of the Florida National Guard, pursuant to federal or
275 state orders, may practice medicine on military personnel or
276 civilians during an emergency or declared disaster or during
277 federal military training.
278 Section 5. Subsection (1) and paragraphs (a), (c), (n),
279 (s), and (x) of subsection (2) of section 252.35, Florida
280 Statutes, are amended, and a new paragraph (dd) is added to
281 subsection (2) of that section, to read:
282 252.35 Emergency management powers; Division of Emergency
283 Management.—
284 (1) The division is responsible for maintaining a
285 comprehensive statewide program of emergency management. The
286 division is responsible for coordination with efforts of the
287 Federal Government with other departments and agencies of state
288 government, with county and municipal governments and school
289 boards, and with private agencies that have a role in emergency
290 management. The Legislature intends for other departments and
291 agencies of state government, county and municipal governments
292 and school boards, and private agencies that have a role in
293 emergency management to coordinate to the greatest extent
294 possible in the provision of emergency management efforts
295 through the division.
296 (2) The division is responsible for carrying out the
297 provisions of ss. 252.31-252.90. In performing its duties, the
298 division shall:
299 (a) Prepare a state comprehensive emergency management
300 plan, which must shall be integrated into and coordinated with
301 the emergency management plans and programs of the Federal
302 Government. The complete state comprehensive emergency
303 management plan must be submitted to the Governor, the President
304 of the Senate, and the Speaker of the House of Representatives
305 on October 1 of every odd-numbered year. The division shall
306 adopt the plan as a rule in accordance with chapter 120. The
307 plan must be implemented by a continuous, integrated
308 comprehensive emergency management program. The plan must
309 contain provisions to ensure that the state is prepared for
310 emergencies and minor, major, and catastrophic disasters, and
311 the division shall work closely with local governments and
312 agencies and organizations with emergency management
313 responsibilities in preparing and maintaining the plan. The
314 state comprehensive emergency management plan must be operations
315 oriented and:
316 1. Include an evacuation component that includes specific
317 regional and interregional planning provisions and promotes
318 intergovernmental coordination of evacuation activities. This
319 component must, at a minimum: contain guidelines for lifting
320 tolls on state highways; ensure coordination pertaining to
321 evacuees crossing county lines; set forth procedures for
322 directing people caught on evacuation routes to safe shelter;
323 establish strategies for ensuring sufficient, reasonably priced
324 fueling locations along evacuation routes; and establish
325 policies and strategies for emergency medical evacuations.
326 2. Include a shelter component that includes specific
327 regional and interregional planning provisions and promotes
328 coordination of shelter activities between the public, private,
329 and nonprofit sectors. This component must, at a minimum:
330 contain strategies to ensure the availability of adequate public
331 shelter space in each county region of the state; establish
332 strategies for refuge-of-last-resort programs; provide
333 strategies to assist local emergency management efforts to
334 ensure that adequate staffing plans exist for all shelters,
335 including medical and security personnel; provide for a
336 postdisaster communications system for public shelters;
337 establish model shelter guidelines for operations, registration,
338 inventory, power generation capability, information management,
339 and staffing; and set forth policy guidance for sheltering
340 people with special needs.
341 3. Include a postdisaster response and recovery component
342 that includes specific regional and interregional planning
343 provisions and promotes intergovernmental coordination of
344 postdisaster response and recovery activities. This component
345 must provide for postdisaster response and recovery strategies
346 according to whether a disaster is minor, major, or
347 catastrophic. The postdisaster response and recovery component
348 must, at a minimum: establish the structure of the state’s
349 postdisaster response and recovery organization; establish
350 procedures for activating the state’s plan; set forth policies
351 used to guide postdisaster response and recovery activities;
352 describe the chain of command during the postdisaster response
353 and recovery period; describe initial and continuous
354 postdisaster response and recovery actions; identify the roles
355 and responsibilities of each involved agency and organization;
356 provide for a comprehensive communications plan; establish
357 procedures for coordinating and monitoring statewide mutual aid
358 agreements reimbursable under federal public disaster assistance
359 programs; provide for rapid impact assessment teams; ensure the
360 availability of an effective statewide urban search and rescue
361 program coordinated with the fire services; ensure the existence
362 of a comprehensive statewide medical care and relief plan
363 administered by the Department of Health; and establish systems
364 for coordinating volunteers and accepting and distributing
365 donated funds and goods.
366 4. Include additional provisions addressing aspects of
367 preparedness, response, recovery, and mitigation as determined
368 necessary by the division.
369 5. Address the need for coordinated and expeditious
370 deployment of state resources, including the Florida National
371 Guard. In the case of an imminent major disaster, procedures
372 should address predeployment of the Florida National Guard, and,
373 in the case of an imminent catastrophic disaster, procedures
374 should address predeployment of the Florida National Guard and
375 the United States Armed Forces.
376 6. Establish a system of communications and warning to
377 ensure that the state’s population and emergency management
378 agencies are warned of developing emergency situations,
379 including public health emergencies, and can communicate
380 emergency response decisions.
381 7. Establish guidelines and schedules for annual exercises
382 that evaluate the ability of the state and its political
383 subdivisions to respond to minor, major, and catastrophic
384 disasters and support local emergency management agencies. Such
385 exercises shall be coordinated with local governments and, to
386 the extent possible, the Federal Government.
387 8. Assign lead and support responsibilities to state
388 agencies and personnel for emergency support functions and other
389 support activities.
390 9. Include the public health emergency plan developed by
391 the Department of Health pursuant to s. 381.00315.
392 10. Include an update on the status of the emergency
393 management capabilities of the state and its political
394 subdivisions.
395
396 The complete state comprehensive emergency management plan must
397 be submitted to the President of the Senate, the Speaker of the
398 House of Representatives, and the Governor on February 1 of
399 every even-numbered year.
400 (c) Assist political subdivisions in preparing and
401 maintaining emergency management plans. Such assistance must
402 include the development of a template for comprehensive
403 emergency management plans and guidance on the development of
404 mutual aid agreements when requested by the political
405 subdivision.
406 (n) Implement training programs to maintain Florida’s
407 status as a national leader in emergency management and improve
408 the ability of state and local emergency management personnel to
409 prepare and implement emergency management plans and programs.
410 This must shall include a continuous training program for
411 agencies and individuals who that will be called on to perform
412 key roles in state and local postdisaster response and recovery
413 efforts and for local government personnel on federal and state
414 postdisaster response and recovery strategies and procedures.
415 The division shall specify requirements for the minimum number
416 of training hours that county or municipal administrators,
417 county or city managers, county or municipal emergency
418 management directors, and county or municipal public works
419 directors or other officials responsible for the construction
420 and maintenance of public infrastructure must complete
421 biennially in addition to the training required pursuant to s.
422 252.38(1)(b).
423 (s) Complete an inventory of disaster response equipment,
424 including portable generators owned by the state and local
425 governments which are capable of operating during a major
426 disaster. The inventory must identify, at a minimum, the
427 location of each generator, the number of generators stored at
428 each specific location, the agency to which each generator
429 belongs, the primary use of the generator by the owner agency,
430 and the names, addresses, and telephone numbers of persons
431 having the authority to loan the stored generators as authorized
432 by the division during a declared emergency.
433 (x) Report biennially to the President of the Senate, the
434 Speaker of the House of Representatives, the Chief Justice of
435 the Supreme Court, and the Governor, no later than February 1 of
436 every odd-numbered year, the status of the emergency management
437 capabilities of the state and its political subdivisions. This
438 report must include the emergency management capabilities
439 related to public health emergencies, as determined in
440 collaboration with the Department of Health.
441 (dd) Conduct, by April 1 of each year, an annual hurricane
442 readiness session in each region designated by the division to
443 facilitate coordination between all emergency management
444 stakeholders. Each county emergency management director or his
445 or her designee shall, and other county and municipal personnel
446 may, attend the session for his or her region. A session must
447 include, but is not limited to, guidance on timelines for
448 preparation and response, information on state and federal
449 postdisaster resources and assistance, guidance to promote
450 efficient and expedited rebuilding of the community after a
451 hurricane, best practices for coordination and communication
452 among entities engaged in postdisaster response and recovery,
453 and discussion of any outstanding county or municipal
454 preparedness or readiness needs.
455 Section 6. Paragraph (b) of subsection (2) of section
456 252.355, Florida Statutes, is amended to read:
457 252.355 Registry of persons with special needs; notice;
458 registration program.—
459 (2) In order to ensure that all persons with special needs
460 may register, the division shall develop and maintain a special
461 needs shelter registration program. During a public health
462 emergency in which physical distancing is necessary, as
463 determined by the State Health Officer, the division must
464 maintain information on special needs shelter options that
465 mitigate the threat of the spread of infectious diseases.
466 (b) To assist in identifying persons with special needs,
467 home health agencies, hospices, nurse registries, home medical
468 equipment providers, the Department of Veterans’ Affairs, the
469 Department of Children and Families, the Department of Health,
470 the Agency for Health Care Administration, the Department of
471 Education, the Agency for Persons with Disabilities, the
472 Department of Elderly Affairs, and memory disorder clinics
473 shall, and any physician licensed under chapter 458 or chapter
474 459 and any pharmacy licensed under chapter 465 may, annually
475 provide registration information to all of their special needs
476 clients or their caregivers. The division shall develop a
477 brochure that provides information regarding special needs
478 shelter registration procedures. The brochure must be easily
479 accessible on the division’s website. All appropriate agencies
480 and community-based service providers, including aging and
481 disability resource centers, memory disorder clinics, home
482 health care providers, hospices, nurse registries, and home
483 medical equipment providers, shall, and any physician licensed
484 under chapter 458 or chapter 459 may, assist emergency
485 management agencies by annually registering persons with special
486 needs for special needs shelters, collecting registration
487 information for persons with special needs as part of the
488 program intake process, and establishing programs to educate
489 clients about the registration process and disaster preparedness
490 safety procedures. A client of a state-funded or federally
491 funded service program who has a physical, mental, or cognitive
492 impairment or sensory disability and who needs assistance in
493 evacuating, or when in a shelter, must register as a person with
494 special needs. The registration program shall give persons with
495 special needs the option of preauthorizing emergency response
496 personnel to enter their homes during search and rescue
497 operations if necessary to ensure their safety and welfare
498 following disasters.
499 Section 7. Subsections (2), (3), and (4) of section
500 252.3611, Florida Statutes, are amended, and subsection (5) is
501 added to that section, to read:
502 252.3611 Transparency; audits.—
503 (2) If When the duration of a declaration of a state of an
504 emergency issued by the Governor exceeds 90 days, regardless of
505 whether pursuant to the original declaration or extensions of
506 the same declaration:
507 (a)1. The Executive Office of the Governor or the
508 appropriate agency, within 72 hours after of executing a
509 contract executed with moneys authorized for expenditure to
510 support the response to the declared state of emergency, must
511 the Executive Office of the Governor or the appropriate agency
512 shall submit a copy of such contract to the Legislature. For
513 contracts executed during the first 90 days of the declared
514 state of emergency, the Executive Office of the Governor or the
515 appropriate agency shall submit a copy to the Legislature within
516 the first 120 days of the declared state of emergency.
517 2. All contracts executed to support the response to a
518 declared state of emergency, including contracts executed before
519 a declared state of emergency to secure resources or services in
520 advance or anticipation of an emergency, must be posted on the
521 secure contract tracking system required under s. 215.985(14).
522 (b) The Executive Office of the Governor or the appropriate
523 agency shall submit monthly reports to the Legislature of all
524 state expenditures, revenues received, and funds transferred by
525 an agency during the previous month to support the declared
526 state of emergency.
527 (3) Once an emergency exceeds 1 year, the Auditor General
528 shall conduct a financial audit of all associated expenditures
529 and a compliance audit of all associated contracts entered into
530 during the declared emergency. The Auditor General shall must
531 update the audit annually until the emergency is declared to be
532 ended. The Auditor General shall post the results of the audits
533 on his or her official website.
534 (4) Following the expiration or termination of a state of
535 emergency, the Auditor General shall conduct a financial audit
536 of all associated expenditures and a compliance audit of all
537 associated contracts entered into during the state of emergency.
538 The Auditor General shall post the results of the audits on his
539 or her official website.
540 (5) Annually by January 15, the division shall report to
541 the President of the Senate, the Speaker of the House of
542 Representatives, and the chairs of the appropriations committee
543 of each house of the Legislature on expenditures related to
544 emergencies incurred over the year from November 1 of the
545 previous year. The report must include:
546 (a) A separate summary of each emergency event, whether
547 complete or ongoing, and key actions taken by the division.
548 (b) Details of expenditures, separated by emergency event
549 and agency, for preparing for, responding to, or recovering from
550 the event. The report must specify detailed expenditures for the
551 entire report time period; specify total expenditures for the
552 event; and indicate amounts that are being or are anticipated to
553 be reimbursed by the Federal Emergency Management Agency or
554 other federal entity, amounts ineligible for reimbursement, and
555 any amounts deobligated by the Federal Emergency Management
556 Agency or other federal entity for reimbursement. The division
557 shall review expenditures by state agencies to ensure that
558 efforts, purchases, contracts, or expenditures are not
559 duplicated.
560 (c) An accounting of all inventory and assets purchased,
561 separated by emergency event and agency, for preparing for,
562 responding to, or recovering from the event, including motor
563 vehicles, boats, computers, and other equipment, and the current
564 status of such assets, including divestment, sale, or donation
565 by the state. The report must include a detailed accounting for
566 the entire report time period and specify a total for the event.
567 Section 8. Subsections (2) and (4) of section 252.365,
568 Florida Statutes, are amended to read:
569 252.365 Emergency coordination officers; disaster
570 preparedness plans.—
571 (2) The emergency coordination officer is responsible for
572 coordinating with the division on emergency preparedness issues,
573 preparing and maintaining emergency preparedness and
574 postdisaster response and recovery plans for such agency,
575 maintaining rosters of personnel to assist in disaster
576 operations, and coordinating appropriate training for agency
577 personnel, and coordinating with the division on emergency
578 preparedness and recovery issues, including identifying
579 priorities for postdisaster long-term recovery activities.
580 (4) On or before May 1 of each year, the head of each
581 agency shall notify the Governor and the division in writing of
582 the person initially designated as the emergency coordination
583 officer for such agency and her or his alternate and of any
584 changes in persons so designated thereafter.
585 Section 9. Section 252.3655, Florida Statutes, is amended
586 to read:
587 252.3655 Natural hazards risks and mitigation interagency
588 coordinating group workgroup.—
589 (1)(a) An interagency coordinating group workgroup is
590 created for the purpose of sharing information on the current
591 and potential risks and impacts of natural hazards throughout
592 this the state, coordinating the ongoing efforts of state
593 agencies in addressing and mitigating the risks and impacts of
594 natural hazards, and collaborating on statewide initiatives to
595 address and mitigate the risks and impacts of natural hazards.
596 As used in this section, the term “natural hazards” includes,
597 but is not limited to, extreme heat, drought, wildfire, sea
598 level change, high tides, storm surge, saltwater intrusion,
599 stormwater runoff, flash floods, inland flooding, and coastal
600 flooding.
601 (b) The agency head, or his or her designated senior
602 manager, from each of the following agencies shall serve on the
603 coordinating group:
604 1. Chief Resilience Officer of the Statewide Office of
605 Resilience.
606 2. Department of Agriculture and Consumer Services.
607 3. Department of Commerce.
608 4. Department of Environmental Protection.
609 5. Department of Financial Services.
610 6. Department of Law Enforcement.
611 7. Department of Highway Safety and Motor Vehicles.
612 8. Department of Military Affairs.
613 9. Division of Emergency Management.
614 10. Department of Transportation.
615 11. Fish and Wildlife Conservation Commission.
616 12. Office of Insurance Regulation.
617 13. Public Service Commission.
618 14. Each water management district Each agency within the
619 executive branch of state government, each water management
620 district, and the Florida Public Service Commission shall select
621 from within such agency a person to be designated as the agency
622 liaison to the workgroup.
623 (c) The director of the Division of Emergency Management,
624 or his or her designee, shall serve as the administrator liaison
625 to and coordinator of the coordinating group workgroup.
626 (d) Each agency representative liaison shall provide
627 information from his or her respective agency, including all
628 relevant reports, on the current and potential risks and impacts
629 of natural hazards to this state to his or her agency, agency
630 resources available, and efforts made by the agency to address
631 and mitigate the risks and impacts of against natural hazards,
632 and efforts made by the agency to address the impacts of natural
633 hazards.
634 (e)1. The coordinating group workgroup shall meet in person
635 or by means of communications media technology as provided in s.
636 120.54(5)(b)2. at least teleconference on a quarterly basis to
637 share information, leverage agency resources, coordinate ongoing
638 efforts, and provide information for inclusion in the annual
639 progress report submitted pursuant to subsection (2). Agency
640 heads for the agencies listed in paragraph (b) shall meet in
641 person at least annually to collectively strategize and
642 prioritize state efforts.
643 2. Information regarding the coordinating group, including
644 meeting agendas and reports, must be posted in a conspicuous
645 location on the division’s website.
646 (2)(a) On behalf of the coordinating group workgroup, the
647 division of Emergency Management shall prepare an annual
648 progress report on the implementation of the state’s hazard
649 mitigation plan, developed and submitted in accordance with 42
650 U.S.C. s. 5165 and any implementing regulations, as it relates
651 to natural hazards. At a minimum, the annual progress report
652 must:
653 1. Assess each agency’s the relevance, level, and
654 significance of current agency efforts to address and mitigate
655 the risks and impacts of natural hazards; and
656 2. Strategize and prioritize ongoing efforts to address and
657 mitigate the risks and impacts of natural hazards;.
658 3. Provide recommendations regarding statutory changes and
659 funding that may assist in addressing or mitigating the risks
660 and impacts of natural hazards; and
661 4. Provide recommendations for state and local natural
662 hazard mitigation strategies.
663 (b) Each liaison is responsible for ensuring that the
664 workgroup’s annual progress report is posted on his or her
665 agency’s website.
666 (c) By January 1 of each year, 2019, and each year
667 thereafter, the division on behalf of the coordinating group
668 workgroup shall submit the annual progress report to the
669 Governor, the President of the Senate, and the Speaker of the
670 House of Representatives.
671 Section 10. Present paragraphs (c) and (d) of subsection
672 (5) of section 252.37, Florida Statutes, are redesignated as
673 paragraphs (d) and (e), respectively, a new paragraph (c) is
674 added to that subsection, and subsection (7) is added to that
675 section, to read:
676 252.37 Financing.—
677 (5) Unless otherwise specified in the General
678 Appropriations Act:
679 (c) If the division intends to accept or apply for federal
680 funds for a division-administered program that is new, that will
681 be implemented in a manner that is innovative or significantly
682 different from the manner in which the program is typically
683 administered, or that will require a state match for which the
684 division will be required to seek new budget authority, the
685 division must notify the Legislature of its intent to accept or
686 apply for the federal funds. The notice must detail the federal
687 program under which the funds will be accepted or applied for,
688 the intended purpose and use of the funds, and the amount of
689 funds, including the estimated state match.
690 (7) The division shall take steps to maximize the
691 availability and expedite the distribution of financial
692 assistance from the Federal Government to state and local
693 agencies. Such steps must include the standardization and
694 streamlining of the application process for financial assistance
695 through the federal Public Assistance Program and provision of
696 assistance to applicants in order to mitigate the risk of
697 noncompliance with federal program requirements. The division
698 shall use federal funds allocated as management cost or other
699 funds as appropriated to implement this subsection.
700 Section 11. Section 252.3713, Florida Statutes, is created
701 to read:
702 252.3713 Hazard Mitigation Grant Program.—
703 (1) The division shall administer the Hazard Mitigation
704 Grant Program as authorized and described in s. 404 of the
705 Robert T. Stafford Disaster Relief and Emergency Assistance Act,
706 as amended by Pub. L. No. 103-181, Pub. L. No. 103-337, and Pub.
707 L. No. 106-390.
708 (2) The division may retain no more than 25 percent of the
709 total federal allocation of funds received for use within the
710 state. A minimum of 75 percent of any funds received pursuant to
711 a declared disaster must be distributed for use by the
712 subrecipients in the counties specified in the Presidential
713 Disaster Declaration for that disaster. However, a subrecipient
714 may elect to share some or all of its allocation with the
715 division to be used for projects benefiting the region in which
716 the subrecipient is located.
717 (3) The division and subrecipients shall prioritize
718 projects that fulfill the following purposes when adopting
719 mitigation strategies and plans and applying for funds under the
720 grant program:
721 (a) Reducing shelter space deficits through retrofitting of
722 existing shelters and hardening of public buildings that are not
723 schools. Reducing deficits in shelter space intended to
724 accommodate individuals with special needs must be prioritized
725 before addressing deficits in other types of shelter space.
726 (b) Mitigating impacts to public infrastructure, including
727 roads, bridges, and stormwater, water, and sewer systems, to
728 enhance resistance to natural hazards and prevent and reduce
729 losses.
730 (c) Mitigating impacts to school facilities which will
731 reduce future disaster losses and make the facilities more
732 resistant to natural hazards.
733 (d) Retrofitting of regional and local emergency management
734 or operations centers.
735 (e) Other projects that the division may define by rule.
736 (4) The division may coordinate with other state agencies
737 and political subdivisions to develop and implement innovative
738 approaches to funding mitigation projects using grants under the
739 Hazard Mitigation Grant Program, including, but not limited to,
740 combining funding received from multiple federal and state
741 programs. The division, in cooperation with other state agencies
742 that administer federal grant programs, shall ensure that:
743 (a) Projects funded through multiple programs comply with
744 all applicable federal and state requirements of the respective
745 programs under which funding was received.
746 (b) Funding is used for projects in the geographic areas
747 specified in the grant of funding.
748 (5) A fiscally constrained county may request that the
749 division administer the grant for such county. A fiscally
750 constrained county may request additional assistance from the
751 division in preparing applications for grants and developing a
752 structure for implementing, monitoring the execution of, and
753 closing out projects.
754 (6) The division shall adopt rules to implement this
755 section.
756 Section 12. Paragraph (a) of subsection (2) of section
757 252.373, Florida Statutes, is amended to read:
758 252.373 Allocation of funds; rules.—
759 (2) The division shall allocate funds from the Emergency
760 Management, Preparedness, and Assistance Trust Fund to local
761 emergency management agencies and programs pursuant to criteria
762 specified in rule. Such rules shall include, but are not limited
763 to:
764 (a) Requiring that, at a minimum, a local emergency
765 management agency either:
766 1. Have a program director who works at least 40 hours a
767 week in that capacity; or
768 2. If the county has fewer than 75,000 population or is
769 party to an interjurisdictional emergency management agreement
770 entered into pursuant to s. 252.38(3)(c) s. 252.38(3)(b), that
771 is recognized by the Governor by executive order or rule, have
772 an emergency management coordinator who works at least 20 hours
773 a week in that capacity.
774 Section 13. Present paragraphs (a) and (b) of subsection
775 (3) of section 252.38, Florida Statutes, are redesignated as
776 paragraphs (b) and (c), respectively, a new paragraph (a) is
777 added to that subsection, and paragraph (a) of subsection (1) is
778 amended, to read:
779 252.38 Emergency management powers of political
780 subdivisions.—Safeguarding the life and property of its citizens
781 is an innate responsibility of the governing body of each
782 political subdivision of the state.
783 (1) COUNTIES.—
784 (a) In order to provide effective and orderly governmental
785 control and coordination of emergency operations in emergencies
786 within the scope of ss. 252.31-252.90, each county within this
787 state shall be within the jurisdiction of, and served by, the
788 division. Except as otherwise provided in ss. 252.31-252.90,
789 each local emergency management agency shall have jurisdiction
790 over and serve an entire county. Unless part of an
791 interjurisdictional emergency management agreement entered into
792 pursuant to paragraph (3)(c) (3)(b) which is recognized by the
793 Governor by executive order or rule, each county must establish
794 and maintain such an emergency management agency and shall
795 develop a county emergency management plan and program that is
796 coordinated and consistent with the state comprehensive
797 emergency management plan and program. Counties that are part of
798 an interjurisdictional emergency management agreement entered
799 into pursuant to paragraph (3)(c) (3)(b) which is recognized by
800 the Governor by executive order or rule shall cooperatively
801 develop an emergency management plan and program that is
802 coordinated and consistent with the state comprehensive
803 emergency management plan and program.
804 (3) EMERGENCY MANAGEMENT POWERS; POLITICAL SUBDIVISIONS.—
805 (a) Each political subdivision shall notify the division on
806 or before May 1 each year of the person designated as the
807 emergency contact for the political subdivision and his or her
808 alternate and of any changes in persons so designated
809 thereafter. For a county, this includes the county emergency
810 management director.
811 Section 14. Subsections (2) and (3) of section 252.385,
812 Florida Statutes, are amended to read:
813 252.385 Public shelter space; public records exemption.—
814 (2)(a) The division shall administer a program to survey
815 existing schools, universities, community colleges, and other
816 state-owned, municipally owned, and county-owned public
817 buildings and any private facility that the owner, in writing,
818 agrees to provide for use as a public hurricane evacuation
819 shelter to identify those that are appropriately designed and
820 located to serve as such shelters. The owners of the facilities
821 must be given the opportunity to participate in the surveys. The
822 state university boards of trustees, district school boards,
823 community college boards of trustees, and the Department of
824 Education are responsible for coordinating and implementing the
825 survey of public schools, universities, and community colleges
826 with the division or the local emergency management agency.
827 (b) By January 31 of each even-numbered year, the division
828 shall prepare and submit a statewide emergency shelter plan to
829 the Governor and Cabinet for approval, subject to the
830 requirements for approval in s. 1013.37(2). The emergency
831 shelter plan must project, for each of the next 5 years, the
832 hurricane shelter needs of the state, including periods of time
833 during which a concurrent public health emergency may
834 necessitate more space for each individual to accommodate
835 physical distancing. In addition to information on the general
836 shelter needs throughout this state, the plan must identify the
837 general location and square footage of special needs shelters,
838 by regional planning council region. The plan must also include
839 information on the availability of shelters that accept pets.
840 The Department of Health shall assist the division in
841 determining the estimated need for special needs shelter space
842 and the adequacy of facilities to meet the needs of persons with
843 special needs based on information from the registries of
844 persons with special needs and other information.
845 (3)(a) The division shall annually provide by October 15 to
846 the Governor, the President of the Senate, and the Speaker of
847 the House of Representatives a report that includes, and the
848 Governor a list of facilities recommended to be retrofitted
849 using state funds. State funds should be maximized and targeted
850 to projects in counties regional planning council regions with
851 hurricane evacuation shelter deficits. Additionally, the
852 division shall prioritize on the list of recommended facilities
853 other state-owned, municipal-owned, and county-owned public
854 buildings, other than schools, for retrofit using state funds.
855 The owner or lessee of a public hurricane evacuation shelter
856 that is included on the list of facilities recommended for
857 retrofitting is not required to perform any recommended
858 improvements.
859 (b) The report required in paragraph (a) must include a
860 statewide emergency shelter plan that must project, for each of
861 the next 5 years, the hurricane shelter needs of the state. In
862 addition to information on the general shelter needs throughout
863 this state, the plan must identify, by county, the general
864 location and square footage of special needs shelters. The plan
865 must also include information on the availability of shelters
866 that accept pets. The Department of Health and the Agency for
867 Persons with Disabilities shall assist the division in
868 determining the estimated need for special needs shelter space,
869 the estimated need for general shelter space to accommodate
870 persons with developmental disabilities, including, but not
871 limited to, autism, and the adequacy of facilities to meet the
872 needs of persons with special needs based on information from
873 the registries of persons with special needs and other
874 information.
875 Section 15. Section 252.392, Florida Statutes, is created
876 to read:
877 252.392 Post-storm county and municipal permitting;
878 operations.—
879 (1)(a) Each county and municipality shall develop a post
880 storm permitting plan to expedite recovery and rebuilding by
881 providing for special building permit and inspection procedures
882 after a hurricane or tropical storm. The plan must, at a
883 minimum:
884 1. Ensure sufficient personnel are prepared and available
885 to expeditiously manage post-disaster building inspection,
886 permitting, and enforcement tasks. The plan must anticipate
887 conditions that would necessitate supplemental personnel for
888 such tasks and address methods for fulfilling such personnel
889 needs, including through mutual aid agreements as authorized in
890 s. 252.40, other arrangements, such as those with private sector
891 contractors, or supplemental state or federal funding. The plan
892 must include training requirements and protocols for
893 supplemental personnel to ensure compliance with local
894 floodplain management requirements that apply within the county
895 or municipality.
896 2. Account for multiple or alternate locations where
897 building permit services may be offered in-person to the public
898 following a hurricane or tropical storm, during regular business
899 hours.
900 3. Specify a protocol to expedite permitting procedures
901 and, if practicable, for the waiver or reduction of applicable
902 fees in accordance with and in addition to the procedures and
903 waivers provided for under s. 553.7922. The plan must identify
904 the types of permits that are frequently requested following a
905 hurricane or tropical storm and methods to expedite the
906 processing of such permits.
907 4. Specify procedures and resources necessary to promote
908 expeditious debris removal following a hurricane or tropical
909 storm.
910 (b) Each county and municipality shall update the plan no
911 later than May 1 annually.
912 (2)(a) By May 1 annually, each county and municipality
913 shall publish on its website a hurricane and tropical storm
914 recovery permitting guide for residential and commercial
915 property owners. The guide must describe:
916 1. The types of post-storm repairs that require a permit
917 and applicable fees.
918 2. The types of post-storm repairs that do not require a
919 permit.
920 3. The post-storm permit application process and specific
921 modifications the county or municipality commonly makes to
922 expedite the process, including the physical locations where
923 permitting services will be offered.
924 4. Local requirements for rebuilding specific to the county
925 or municipality, including elevation requirements following
926 substantial damage and substantial improvement pursuant to the
927 National Flood Insurance Program (NFIP) and any local amendments
928 to the building code.
929 (b) As soon as practicable following a hurricane or
930 tropical storm, a county or municipality within the area for
931 which a state of emergency pursuant to s. 252.36 for such
932 hurricane or tropical storm is declared shall publish updates on
933 its website to the information required under paragraph (a)
934 which are specific to such storm, including any permitting fee
935 waivers or reductions.
936 (3) For 180 days after a state of emergency is declared
937 pursuant to s. 252.36 for a hurricane or tropical storm, a
938 county or municipality within the area for which the state of
939 emergency is declared:
940 (a) May not increase building permit or inspection fees.
941 (b) Must have employees and supplemental personnel
942 available during the county’s or municipality’s normal business
943 hours to process permits.
944 Section 16. Subsection (1) of section 400.063, Florida
945 Statutes, is amended to read:
946 400.063 Resident protection.—
947 (1) The Health Care Trust Fund shall be used for the
948 purpose of collecting and disbursing funds generated from the
949 license fees and administrative fines as provided for in ss.
950 393.0673(5), 400.062(3), 400.121(2), and 400.23(8). Such funds
951 shall be for the sole purpose of paying for the appropriate
952 alternate placement, care, and treatment of residents who are
953 removed from a facility licensed under this part or a facility
954 specified in s. 393.0678(1) in which the agency determines that
955 existing conditions or practices constitute an immediate danger
956 to the health, safety, or security of the residents. If the
957 agency determines that it is in the best interest of the health,
958 safety, or security of the residents to provide for an orderly
959 removal of the residents from the facility, the agency may
960 utilize such funds to maintain and care for the residents in the
961 facility pending removal and alternative placement. The
962 maintenance and care of the residents shall be under the
963 direction and control of a receiver appointed pursuant to s.
964 393.0678(1) or s. 400.126(1). However, funds may be expended in
965 an emergency upon a filing of a petition for a receiver, upon
966 the declaration of a state of local emergency pursuant to s.
967 252.38(3)(b)5. s. 252.38(3)(a)5., or upon a duly authorized
968 local order of evacuation of a facility by emergency personnel
969 to protect the health and safety of the residents.
970 Section 17. Subsection (7) of section 403.7071, Florida
971 Statutes, is amended, and subsection (8) is added to that
972 section, to read:
973 403.7071 Management of storm-generated debris.—Solid waste
974 generated as a result of a storm event that is the subject of an
975 emergency order issued by the department may be managed as
976 follows:
977 (7) Unless otherwise specified in a contract or franchise
978 agreement between a local government and a private solid waste
979 or debris management service provider, a private solid waste or
980 debris management service provider is not required to collect
981 storm-generated yard trash. Local governments are authorized and
982 encouraged to add an addendum to existing contracts or franchise
983 agreements for collection of storm-generated debris.
984 (8)(a) Each county and municipality shall apply to the
985 department for authorization of at least one debris management
986 site as described in subsection (2) and shall annually seek
987 preauthorization for any previously approved debris management
988 sites, as allowed by the department.
989 (b) A municipality may jointly apply for authorization of a
990 debris management site with a county or at least one adjacent
991 municipality, if the parties develop and approve a memorandum of
992 understanding. Such memorandum must clearly outline the capacity
993 of the debris management site and location of the site relative
994 to each party. The memorandum of understanding must be approved
995 annually as part of the preauthorization process described in
996 paragraph (a).
997 Section 18. (1) Each county listed in the federal disaster
998 declaration for Hurricane Debby (DR-4806), Hurricane Helene (DR
999 4828), or Hurricane Milton (DR-4834), and each municipality
1000 within one of those counties, shall not propose or adopt any
1001 moratorium on construction, reconstruction, or redevelopment of
1002 any property damaged by such hurricanes; propose or adopt more
1003 restrictive or burdensome amendments to its comprehensive plan
1004 or land development regulations; or propose or adopt more
1005 restrictive or burdensome procedures concerning review,
1006 approval, or issuance of a site plan, development permit, or
1007 development order, to the extent that those terms are defined by
1008 s. 163.3164, Florida Statutes, before October 1, 2027, and any
1009 such moratorium or restrictive or burdensome comprehensive plan
1010 amendment, land development regulation, or procedure shall be
1011 null and void ab initio. This subsection applies retroactively
1012 to August 1, 2024.
1013 (2) Notwithstanding subsection (1), any comprehensive plan
1014 amendment, land development regulation amendment, site plan,
1015 development permit, or development order approved or adopted by
1016 a county or municipality before or after the effective date of
1017 this section may be enforced if:
1018 (a) The associated application is initiated by a private
1019 party other than the county or municipality.
1020 (b) The property that is the subject of the application is
1021 owned by the initiating private party.
1022 (3)(a) A resident of or the owner of a business in a county
1023 or municipality may bring a civil action for declaratory and
1024 injunctive relief against the county or municipality for a
1025 violation of this section. Pending adjudication of the action
1026 and upon filing of a complaint showing a violation of this
1027 section, the resident or business owner is entitled to a
1028 preliminary injunction against the county or municipality
1029 preventing implementation of the moratorium or the comprehensive
1030 plan amendment, land development regulation, or procedure. If
1031 such civil action is successful, the resident or business owner
1032 is entitled to reasonable attorney fees and costs.
1033 (b) Attorney fees and costs and damages may not be awarded
1034 pursuant to this subsection if:
1035 1. The resident or business owner provides the governing
1036 body of the county or municipality written notice that a
1037 proposed or enacted moratorium, comprehensive plan amendment,
1038 land development regulation, or procedure is in violation of
1039 this section; and
1040 2. The governing body of the county or municipality
1041 withdraws the proposed moratorium, comprehensive plan amendment,
1042 land development regulation, or procedure within 14 days; or, in
1043 the case of an adopted moratorium, comprehensive plan amendment,
1044 land development regulation, or procedure, the governing body of
1045 a county or municipality notices an intent to repeal within 14
1046 days after receipt of the notice and repeals the moratorium,
1047 comprehensive plan amendment, land development regulation, or
1048 procedure within 14 days thereafter.
1049 (4) This section shall take effect upon becoming a law and
1050 expires June 30, 2028.
1051 Section 19. For the purpose of incorporating the amendment
1052 made by this act to section 252.35, Florida Statutes, in a
1053 reference thereto, subsection (6) of section 252.55, Florida
1054 Statutes, is reenacted to read:
1055 252.55 Civil Air Patrol, Florida Wing.—
1056 (6) The wing commander of the Florida Wing of the Civil Air
1057 Patrol shall biennially furnish the division a 2-year projection
1058 of the goals and objectives of the Civil Air Patrol which shall
1059 be reported in the division’s biennial report submitted pursuant
1060 to s. 252.35.
1061 Section 20. Except as otherwise expressly provided in this
1062 act and except for this section, which shall take effect upon
1063 this act becoming a law, this act shall take effect July 1,
1064 2025.