Florida Senate - 2025 CS for CS for SB 180
By the Committees on Appropriations; and Community Affairs; and
Senator DiCeglie
576-03216-25 2025180c2
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 Governor and the Legislature;
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; authorizing such training to
30 be provided by a foundation under certain
31 circumstances; revising inventory requirements;
32 deleting a requirement for a certain biennial report;
33 requiring the division to conduct an annual hurricane
34 readiness session in each region designated by the
35 division for a specified purpose; requiring all county
36 emergency management directors, and authorizing other
37 county and municipal personnel, to attend such
38 session; requiring that the session include specified
39 topics and needs; amending s. 252.355, F.S.;
40 authorizing the Department of Veterans’ Affairs to
41 provide certain information to specified clients or
42 their caregivers; amending s. 252.3611, F.S.;
43 directing specified entities to submit specified
44 contracts and reports to the Legislature under
45 specified conditions; requiring that such contracts be
46 posted on a specified secure contract system;
47 requiring the Auditor General to post the results of
48 specified audits on his or her official website;
49 requiring the division to report annually to the
50 Legislature specified information on expenditures
51 related to emergencies; providing requirements for
52 such report; amending s. 252.365, F.S.; revising the
53 responsibilities for agency emergency coordination
54 officers; requiring agency heads to notify the
55 Governor and the division of the person designated as
56 the emergency coordination officer annually by a
57 specified date; amending s. 252.3655, F.S.; creating
58 the natural hazards risks and mitigation interagency
59 coordinating group; providing the purpose of the
60 group; providing for the membership and administration
61 of the group; requiring agency representatives to
62 provide information relating to natural hazards to
63 this state, agency resources, efforts to address and
64 mitigate risk and impacts of natural hazards;
65 requiring the group to meet in person or by
66 communication media technology at least quarterly for
67 specified purposes; requiring specified agency heads
68 to meet at least annually to strategize and prioritize
69 state efforts; requiring the division, on behalf of
70 the group, to prepare a certain progress report;
71 revising the requirements of such report; revising
72 requirements for an annual progress report by the
73 division on behalf of the group; requiring the
74 division, on behalf of the group, to submit such
75 report to the Governor and the Legislature; amending
76 s. 252.37, F.S.; requiring the division to notify the
77 Legislature of its intent to accept or apply for
78 federal funds under certain circumstances; requiring
79 the division to take steps to maximize the
80 availability and expedite distribution of financial
81 assistance from the Federal Government to state and
82 local agencies; requiring that such steps include the
83 standardization and streamlining of the application
84 process for federal financial assistance and the
85 provision of assistance to those applicants for a
86 specified purpose; requiring the division to use
87 certain federal funds to implement such requirements;
88 creating s. 252.3713, F.S.; requiring the division to
89 administer the Hazard Mitigation Grant Program;
90 authorizing the division to retain a specified
91 percentage of the funds for use within the state;
92 requiring that the remaining percentage be distributed
93 for use by certain recipients; authorizing
94 subrecipients to make a certain election for a
95 specified use; requiring the prioritization of certain
96 projects; authorizing the division to coordinate with
97 specified entities under certain circumstances;
98 requiring that such cooperation ensures certain
99 requirements are met and certain projects are funded;
100 authorizing fiscally constrained counties to request
101 that the division administer the grant for such a
102 county; authorizing such counties to request certain
103 assistance from the division; requiring the division
104 to provide a certain report annually to the
105 Legislature; requiring the division to adopt rules;
106 amending s. 252.373, F.S.; conforming a cross
107 reference; amending s. 252.38, F.S.; requiring each
108 political subdivision to notify the division of the
109 designated emergency contact annually by a specified
110 date; amending s. 252.385, F.S.; revising reporting
111 requirements for the division; revising requirements
112 for a specified list; requiring the Department of
113 Health and the Agency for Persons with Disabilities to
114 assist the division with certain determinations;
115 creating s. 252.392, F.S.; requiring counties and
116 municipalities to develop a post-storm permitting
117 plan; providing requirements for the plan; requiring
118 annual updates to the plan by a specified date;
119 requiring counties and municipalities to publish, and
120 post on their websites, a specified storm recovery
121 guide annually by a specified date; prohibiting
122 certain counties and municipalities from increasing
123 building permit or inspection fees within a specified
124 timeframe; requiring, as soon as practicable, such
125 counties and municipalities to have certain personnel
126 available during normal business hours; amending s.
127 380.0552, F.S.; revising the maximum evacuation
128 clearance time for permanent residents of the Florida
129 Keys Area, which time is an element for which
130 amendments to local comprehensive plans in the Florida
131 Keys Area must be reviewed for compliance; providing
132 legislative intent; amending s. 400.063, F.S.;
133 conforming a cross-reference; amending s. 403.7071,
134 F.S.; providing that local governments are authorized
135 and encouraged to add certain addendums to certain
136 contracts or agreements; requiring counties and
137 municipalities to apply to the Department of
138 Environmental Protection for authorization to
139 designate at least one debris management site;
140 authorizing municipalities to apply jointly with a
141 county or another adjacent municipality for
142 authorization of a minimum number of debris management
143 sites if such entities approve a memorandum of
144 understanding; providing requirements for such
145 memoranda; amending s. 553.73, F.S.; prohibiting local
146 governments from adopting lookback ordinances for
147 substantial improvements or repairs to a structure
148 which are more stringent than the Florida Building
149 Code; providing that lookback ordinances adopted by
150 local governments before a specified date are void and
151 unenforceable; prohibiting certain counties from
152 proposing or adopting certain moratoriums, amendments,
153 or procedures for a specified period; declaring that
154 such moratoriums, amendments, or procedures are null
155 and void; providing for retroactive application;
156 providing that certain comprehensive plan amendments,
157 land development regulation amendments, site plans,
158 and development permits or orders may be enforced
159 under specified conditions; authorizing residents and
160 owners of certain businesses to bring a civil action
161 for declaratory and injunctive relief against a county
162 or municipality that violates specified provisions;
163 providing that such residents or business owners are
164 entitled to a preliminary injunction against such
165 county or municipality, under a specified condition;
166 providing for the award of attorney fees and costs;
167 prohibiting the awarding of attorney fees and costs
168 and damages under specified circumstances; providing
169 for future expiration; reenacting s. 252.55(6), F.S.,
170 relating to a certain biennial report submitted by the
171 wing commander of the Civil Air Patrol, to incorporate
172 the amendment made to s. 252.35, F.S., in a reference
173 thereto; providing effective dates.
174
175 Be It Enacted by the Legislature of the State of Florida:
176
177 Section 1. Subsection (23) is added to section 161.101,
178 Florida Statutes, to read:
179 161.101 State and local participation in authorized
180 projects and studies relating to beach management and erosion
181 control.—
182 (23) Notwithstanding subsections (1), (15), and (16), and
183 for the 2025-2026 fiscal year, for beaches located in any county
184 listed in a federal declaration of disaster in 2024 that were
185 impacted by erosion caused by Hurricane Debby, Hurricane Helene,
186 or Hurricane Milton, the department may waive or reduce the
187 match requirements for local governments. This subsection
188 expires July 1, 2026.
189 Section 2. Effective upon becoming a law, section 193.4518,
190 Florida Statutes, is amended to read:
191 193.4518 Assessment of agricultural equipment rendered
192 unable to be used due to hurricanes Hurricane Idalia.—
193 (1) As used in this section, the term:
194 (a) “Farm” has the same meaning as provided in s.
195 823.14(3).
196 (b) “Farm operation” has the same meaning as provided in s.
197 823.14(3).
198 (c) “Unable to be used” means the tangible personal
199 property was damaged, or the farm, farm operation, or
200 agricultural processing facility was affected, to such a degree
201 that the tangible personal property could not be used for its
202 intended purpose.
203 (2)(a) For purposes of ad valorem taxation and applying to
204 the 2024 tax roll only, tangible personal property owned and
205 operated by a farm, a farm operation, or an agriculture
206 processing facility located in Charlotte County, Citrus County,
207 Columbia County, Dixie County, Gilchrist County, Hamilton
208 County, Hernando County, Jefferson County, Lafayette County,
209 Levy County, Madison County, Manatee County, Pasco County,
210 Pinellas County, Sarasota County, Suwannee County, or Taylor
211 County is deemed to have a market value no greater than its
212 value for salvage if the tangible personal property was unable
213 to be used for at least 60 days due to the effects of Hurricane
214 Idalia.
215 (b)(3) The deadline for an applicant to file an application
216 with the property appraiser for assessment pursuant to this
217 subsection section is March 1, 2024.
218 (c)(4) If the property appraiser denies an application, the
219 applicant may file, pursuant to s. 194.011(3), a petition with
220 the value adjustment board which requests that the tangible
221 personal property be assessed pursuant to this section. Such
222 petition must be filed on or before the 25th day after the
223 mailing by the property appraiser during the 2024 calendar year
224 of the notice required under s. 194.011(1).
225 (d)(5) This subsection section applies to tax rolls
226 beginning January 1, 2024.
227 (3)(a) For purposes of ad valorem taxation and applying to
228 the 2025 tax roll only, tangible personal property owned and
229 operated by a farm, a farm operation, or an agriculture
230 processing facility located in Alachua County, Baker County,
231 Bradford County, Brevard County, Charlotte County, Citrus
232 County, Clay County, Collier County, Columbia County, DeSoto
233 County, Dixie County, Duval County, Flagler County, Franklin
234 County, Gilchrist County, Glades County, Gulf County, Hamilton
235 County, Hardee County, Hendry County, Hernando County, Highlands
236 County, Hillsborough County, Indian River County, Jefferson
237 County, Lafayette County, Lake County, Lee County, Leon County,
238 Levy County, Madison County, Manatee County, Marion County,
239 Martin County, Okeechobee County, Orange County, Osceola County,
240 Palm Beach County, Pasco County, Pinellas County, Polk County,
241 Putnam County, Sarasota County, Seminole County, St. Johns
242 County, St. Lucie County, Sumter County, Suwannee County, Taylor
243 County, Union County, Volusia County, or Wakulla County is
244 deemed to have a market value no greater than its value for
245 salvage if the tangible personal property was unable to be used
246 for at least 60 days due to the effects of Hurricanes Debby,
247 Helene, and Milton.
248 (b) The deadline for an applicant to file an application
249 with the property appraiser for assessment pursuant to this
250 subsection is August 1, 2025.
251 (c) If the property appraiser denies an application, the
252 applicant may file, pursuant to s. 194.011(3), a petition with
253 the value adjustment board which requests that the tangible
254 personal property be assessed pursuant to this section. Such
255 petition must be filed on or before the 25th day after the
256 mailing by the property appraiser during the 2025 calendar year
257 of the notice required under s. 194.011(1).
258 (d) This subsection applies retroactively to January 1,
259 2025.
260 Section 3. Paragraph (b) of subsection (1) of section
261 215.559, Florida Statutes, is amended to read:
262 215.559 Hurricane Loss Mitigation Program.—A Hurricane Loss
263 Mitigation Program is established in the Division of Emergency
264 Management.
265 (1) The Legislature shall annually appropriate $10 million
266 of the moneys authorized for appropriation under s.
267 215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the
268 division for the purposes set forth in this section. Of the
269 amount:
270 (b) Three million dollars in funds shall be used to
271 construct or retrofit facilities used as public hurricane
272 shelters. Each year the division shall prioritize the use of
273 these funds for projects included in the annual report of the
274 Shelter Development Report prepared in accordance with s.
275 252.385(3). The division shall must give funding priority to
276 projects located in counties regional planning council regions
277 that have shelter deficits, projects that are publicly owned,
278 other than schools, and to projects that maximize the use of
279 state funds.
280 Section 4. Section 250.375, Florida Statutes, is amended to
281 read:
282 250.375 Medical officer authorization.—A servicemember
283 trained to provide medical care who is assigned to a military
284 duty position and authorized by the Florida National Guard to
285 provide medical care by virtue of such duty position may provide
286 such medical care to military personnel and civilians within
287 this state physician who holds an active license to practice
288 medicine in any state, a United States territory, or the
289 District of Columbia, while serving as a medical officer with or
290 in support of the Florida National Guard, pursuant to federal or
291 state orders, may practice medicine on military personnel or
292 civilians during an emergency or declared disaster or during
293 federal military training.
294 Section 5. Subsection (1) and paragraphs (a), (c), (n),
295 (s), and (x) of subsection (2) of section 252.35, Florida
296 Statutes, are amended, and a new paragraph (dd) is added to
297 subsection (2) of that section, to read:
298 252.35 Emergency management powers; Division of Emergency
299 Management.—
300 (1) The division is responsible for maintaining a
301 comprehensive statewide program of emergency management. The
302 division is responsible for coordination with efforts of the
303 Federal Government with other departments and agencies of state
304 government, with county and municipal governments and school
305 boards, and with private agencies that have a role in emergency
306 management. The Legislature intends for other departments and
307 agencies of state government, county and municipal governments
308 and school boards, and private agencies that have a role in
309 emergency management to coordinate to the greatest extent
310 possible in the provision of emergency management efforts
311 through the division.
312 (2) The division is responsible for carrying out the
313 provisions of ss. 252.31-252.90. In performing its duties, the
314 division shall:
315 (a) Prepare a state comprehensive emergency management
316 plan, which must shall be integrated into and coordinated with
317 the emergency management plans and programs of the Federal
318 Government. The complete state comprehensive emergency
319 management plan must be submitted to the Governor, the President
320 of the Senate, and the Speaker of the House of Representatives
321 on October 1 of every odd-numbered year. The division shall
322 adopt the plan as a rule in accordance with chapter 120. The
323 plan must be implemented by a continuous, integrated
324 comprehensive emergency management program. The plan must
325 contain provisions to ensure that the state is prepared for
326 emergencies and minor, major, and catastrophic disasters, and
327 the division shall work closely with local governments and
328 agencies and organizations with emergency management
329 responsibilities in preparing and maintaining the plan. The
330 state comprehensive emergency management plan must be operations
331 oriented and:
332 1. Include an evacuation component that includes specific
333 regional and interregional planning provisions and promotes
334 intergovernmental coordination of evacuation activities. This
335 component must, at a minimum: contain guidelines for lifting
336 tolls on state highways; ensure coordination pertaining to
337 evacuees crossing county lines; set forth procedures for
338 directing people caught on evacuation routes to safe shelter;
339 establish strategies for ensuring sufficient, reasonably priced
340 fueling locations along evacuation routes; and establish
341 policies and strategies for emergency medical evacuations.
342 2. Include a shelter component that includes specific
343 regional and interregional planning provisions and promotes
344 coordination of shelter activities between the public, private,
345 and nonprofit sectors. This component must, at a minimum:
346 contain strategies to ensure the availability of adequate public
347 shelter space in each county region of the state; establish
348 strategies for refuge-of-last-resort programs; provide
349 strategies to assist local emergency management efforts to
350 ensure that adequate staffing plans exist for all shelters,
351 including medical and security personnel; provide for a
352 postdisaster communications system for public shelters;
353 establish model shelter guidelines for operations, registration,
354 inventory, power generation capability, information management,
355 and staffing; and set forth policy guidance for sheltering
356 people with special needs.
357 3. Include a postdisaster response and recovery component
358 that includes specific regional and interregional planning
359 provisions and promotes intergovernmental coordination of
360 postdisaster response and recovery activities. This component
361 must provide for postdisaster response and recovery strategies
362 according to whether a disaster is minor, major, or
363 catastrophic. The postdisaster response and recovery component
364 must, at a minimum: establish the structure of the state’s
365 postdisaster response and recovery organization; establish
366 procedures for activating the state’s plan; set forth policies
367 used to guide postdisaster response and recovery activities;
368 describe the chain of command during the postdisaster response
369 and recovery period; describe initial and continuous
370 postdisaster response and recovery actions; identify the roles
371 and responsibilities of each involved agency and organization;
372 provide for a comprehensive communications plan; establish
373 procedures for coordinating and monitoring statewide mutual aid
374 agreements reimbursable under federal public disaster assistance
375 programs; provide for rapid impact assessment teams; ensure the
376 availability of an effective statewide urban search and rescue
377 program coordinated with the fire services; ensure the existence
378 of a comprehensive statewide medical care and relief plan
379 administered by the Department of Health; and establish systems
380 for coordinating volunteers and accepting and distributing
381 donated funds and goods.
382 4. Include additional provisions addressing aspects of
383 preparedness, response, recovery, and mitigation as determined
384 necessary by the division.
385 5. Address the need for coordinated and expeditious
386 deployment of state resources, including the Florida National
387 Guard. In the case of an imminent major disaster, procedures
388 should address predeployment of the Florida National Guard, and,
389 in the case of an imminent catastrophic disaster, procedures
390 should address predeployment of the Florida National Guard and
391 the United States Armed Forces.
392 6. Establish a system of communications and warning to
393 ensure that the state’s population and emergency management
394 agencies are warned of developing emergency situations,
395 including public health emergencies, and can communicate
396 emergency response decisions.
397 7. Establish guidelines and schedules for annual exercises
398 that evaluate the ability of the state and its political
399 subdivisions to respond to minor, major, and catastrophic
400 disasters and support local emergency management agencies. Such
401 exercises shall be coordinated with local governments and, to
402 the extent possible, the Federal Government.
403 8. Assign lead and support responsibilities to state
404 agencies and personnel for emergency support functions and other
405 support activities.
406 9. Include the public health emergency plan developed by
407 the Department of Health pursuant to s. 381.00315.
408 10. Include an update on the status of the emergency
409 management capabilities of the state and its political
410 subdivisions.
411
412 The complete state comprehensive emergency management plan must
413 be submitted to the President of the Senate, the Speaker of the
414 House of Representatives, and the Governor on February 1 of
415 every even-numbered year.
416 (c) Assist political subdivisions in preparing and
417 maintaining emergency management plans. Such assistance must
418 include the development of a template for comprehensive
419 emergency management plans and guidance on the development of
420 mutual aid agreements when requested by the political
421 subdivision.
422 (n) Implement training programs to maintain Florida’s
423 status as a national leader in emergency management and improve
424 the ability of state and local emergency management personnel to
425 prepare and implement emergency management plans and programs.
426 This must shall include a continuous training program for
427 agencies and individuals who that will be called on to perform
428 key roles in state and local postdisaster response and recovery
429 efforts and for local government personnel on federal and state
430 postdisaster response and recovery strategies and procedures.
431 The division shall specify requirements for the minimum number
432 of training hours that county or municipal administrators,
433 county or city managers, county or municipal emergency
434 management directors, and county or municipal public works
435 directors or other officials responsible for the construction
436 and maintenance of public infrastructure must complete
437 biennially in addition to the training required pursuant to s.
438 252.38(1)(b). Such training may be provided by the division or,
439 for county personnel, by a foundation that is a not-for-profit
440 corporation under s. 501(c)(3) of the Internal Revenue Code and
441 has a governing board that includes in its membership county
442 commissioners and professional county staff. If training is
443 provided by a foundation, such training must be approved by the
444 division.
445 (s) Complete an inventory of disaster response equipment,
446 including portable generators owned by the state and local
447 governments which are capable of operating during a major
448 disaster. The inventory must identify, at a minimum, the
449 location of each generator, the number of generators stored at
450 each specific location, the agency to which each generator
451 belongs, the primary use of the generator by the owner agency,
452 and the names, addresses, and telephone numbers of persons
453 having the authority to loan the stored generators as authorized
454 by the division during a declared emergency.
455 (x) Report biennially to the President of the Senate, the
456 Speaker of the House of Representatives, the Chief Justice of
457 the Supreme Court, and the Governor, no later than February 1 of
458 every odd-numbered year, the status of the emergency management
459 capabilities of the state and its political subdivisions. This
460 report must include the emergency management capabilities
461 related to public health emergencies, as determined in
462 collaboration with the Department of Health.
463 (dd) Conduct, by April 1 of each year, an annual hurricane
464 readiness session in each region designated by the division to
465 facilitate coordination between all emergency management
466 stakeholders. Each county emergency management director or his
467 or her designee shall, and other county and municipal personnel
468 may, attend the session for his or her region. A session must
469 include, but is not limited to, guidance on timelines for
470 preparation and response, information on state and federal
471 postdisaster resources and assistance, guidance to promote
472 efficient and expedited rebuilding of the community after a
473 hurricane, best practices for coordination and communication
474 among entities engaged in postdisaster response and recovery,
475 and discussion of any outstanding county or municipal
476 preparedness or readiness needs.
477 Section 6. Paragraph (b) of subsection (2) of section
478 252.355, Florida Statutes, is amended to read:
479 252.355 Registry of persons with special needs; notice;
480 registration program.—
481 (2) In order to ensure that all persons with special needs
482 may register, the division shall develop and maintain a special
483 needs shelter registration program. During a public health
484 emergency in which physical distancing is necessary, as
485 determined by the State Health Officer, the division must
486 maintain information on special needs shelter options that
487 mitigate the threat of the spread of infectious diseases.
488 (b) To assist in identifying persons with special needs,
489 home health agencies, hospices, nurse registries, home medical
490 equipment providers, the Department of Veterans’ Affairs, the
491 Department of Children and Families, the Department of Health,
492 the Agency for Health Care Administration, the Department of
493 Education, the Agency for Persons with Disabilities, the
494 Department of Elderly Affairs, and memory disorder clinics
495 shall, and any physician licensed under chapter 458 or chapter
496 459 and any pharmacy licensed under chapter 465 may, annually
497 provide registration information to all of their special needs
498 clients or their caregivers. The division shall develop a
499 brochure that provides information regarding special needs
500 shelter registration procedures. The brochure must be easily
501 accessible on the division’s website. All appropriate agencies
502 and community-based service providers, including aging and
503 disability resource centers, memory disorder clinics, home
504 health care providers, hospices, nurse registries, and home
505 medical equipment providers, shall, and any physician licensed
506 under chapter 458 or chapter 459 may, assist emergency
507 management agencies by annually registering persons with special
508 needs for special needs shelters, collecting registration
509 information for persons with special needs as part of the
510 program intake process, and establishing programs to educate
511 clients about the registration process and disaster preparedness
512 safety procedures. A client of a state-funded or federally
513 funded service program who has a physical, mental, or cognitive
514 impairment or sensory disability and who needs assistance in
515 evacuating, or when in a shelter, must register as a person with
516 special needs. The registration program shall give persons with
517 special needs the option of preauthorizing emergency response
518 personnel to enter their homes during search and rescue
519 operations if necessary to ensure their safety and welfare
520 following disasters.
521 Section 7. Subsections (2), (3), and (4) of section
522 252.3611, Florida Statutes, are amended, and subsection (5) is
523 added to that section, to read:
524 252.3611 Transparency; audits.—
525 (2) If When the duration of a declaration of a state of an
526 emergency issued by the Governor exceeds 90 days, regardless of
527 whether pursuant to the original declaration or extensions of
528 the same declaration:
529 (a)1. The Executive Office of the Governor or the
530 appropriate agency, within 72 hours after of executing a
531 contract executed with moneys authorized for expenditure to
532 support the response to the declared state of emergency, must
533 the Executive Office of the Governor or the appropriate agency
534 shall submit a copy of such contract to the Legislature. For
535 contracts executed during the first 90 days of the declared
536 state of emergency, the Executive Office of the Governor or the
537 appropriate agency shall submit a copy to the Legislature within
538 the first 120 days of the declared state of emergency.
539 2. All contracts executed to support the response to a
540 declared state of emergency, including contracts executed before
541 a declared state of emergency to secure resources or services in
542 advance or anticipation of an emergency, must be posted on the
543 secure contract tracking system required under s. 215.985(14).
544 (b) The Executive Office of the Governor or the appropriate
545 agency shall submit monthly reports to the Legislature of all
546 state expenditures, revenues received, and funds transferred by
547 an agency during the previous month to support the declared
548 state of emergency.
549 (3) Once an emergency exceeds 1 year, the Auditor General
550 shall conduct a financial audit of all associated expenditures
551 and a compliance audit of all associated contracts entered into
552 during the declared emergency. The Auditor General shall must
553 update the audit annually until the emergency is declared to be
554 ended. The Auditor General shall post the results of the audits
555 on his or her official website.
556 (4) Following the expiration or termination of a state of
557 emergency, the Auditor General shall conduct a financial audit
558 of all associated expenditures and a compliance audit of all
559 associated contracts entered into during the state of emergency.
560 The Auditor General shall post the results of the audits on his
561 or her official website.
562 (5) Annually by January 15, the division shall report to
563 the President of the Senate, the Speaker of the House of
564 Representatives, and the chairs of the appropriations committee
565 of each house of the Legislature on expenditures related to
566 emergencies incurred over the year from November 1 of the
567 previous year. The report must include:
568 (a) A separate summary of each emergency event, whether
569 complete or ongoing, and key actions taken by the division.
570 (b) Details of expenditures, separated by emergency event
571 and agency, for preparing for, responding to, or recovering from
572 the event. The report must specify detailed expenditures for the
573 entire report time period; specify total expenditures for the
574 event; and indicate amounts that are being or are anticipated to
575 be reimbursed by the Federal Emergency Management Agency or
576 other federal entity, amounts ineligible for reimbursement, and
577 any amounts deobligated by the Federal Emergency Management
578 Agency or other federal entity for reimbursement. The division
579 shall review expenditures by state agencies to ensure that
580 efforts, purchases, contracts, or expenditures are not
581 duplicated.
582 (c) An accounting of all inventory and assets purchased,
583 separated by emergency event and agency, for preparing for,
584 responding to, or recovering from the event, including motor
585 vehicles, boats, computers, and other equipment, and the current
586 status of such assets, including divestment, sale, or donation
587 by the state. The report must include a detailed accounting for
588 the entire report time period and specify a total for the event.
589 Section 8. Subsections (2) and (4) of section 252.365,
590 Florida Statutes, are amended to read:
591 252.365 Emergency coordination officers; disaster
592 preparedness plans.—
593 (2) The emergency coordination officer is responsible for
594 coordinating with the division on emergency preparedness issues,
595 preparing and maintaining emergency preparedness and
596 postdisaster response and recovery plans for such agency,
597 maintaining rosters of personnel to assist in disaster
598 operations, and coordinating appropriate training for agency
599 personnel, and coordinating with the division on emergency
600 preparedness and recovery issues, including identifying
601 priorities for postdisaster long-term recovery activities.
602 (4) On or before May 1 of each year, the head of each
603 agency shall notify the Governor and the division in writing of
604 the person initially designated as the emergency coordination
605 officer for such agency and her or his alternate and of any
606 changes in persons so designated thereafter.
607 Section 9. Section 252.3655, Florida Statutes, is amended
608 to read:
609 252.3655 Natural hazards risks and mitigation interagency
610 coordinating group workgroup.—
611 (1)(a) An interagency coordinating group workgroup is
612 created for the purpose of sharing information on the current
613 and potential risks and impacts of natural hazards throughout
614 this the state, coordinating the ongoing efforts of state
615 agencies in addressing and mitigating the risks and impacts of
616 natural hazards, and collaborating on statewide initiatives to
617 address and mitigate the risks and impacts of natural hazards.
618 As used in this section, the term “natural hazards” includes,
619 but is not limited to, extreme heat, drought, wildfire, sea
620 level change, high tides, storm surge, saltwater intrusion,
621 stormwater runoff, flash floods, inland flooding, and coastal
622 flooding.
623 (b) The agency head, or his or her designated senior
624 manager, from each of the following agencies shall serve on the
625 coordinating group:
626 1. Chief Resilience Officer of the Statewide Office of
627 Resilience.
628 2. Department of Agriculture and Consumer Services.
629 3. Department of Commerce.
630 4. Department of Environmental Protection.
631 5. Department of Financial Services.
632 6. Department of Law Enforcement.
633 7. Department of Highway Safety and Motor Vehicles.
634 8. Department of Military Affairs.
635 9. Division of Emergency Management.
636 10. Department of Transportation.
637 11. Fish and Wildlife Conservation Commission.
638 12. Office of Insurance Regulation.
639 13. Public Service Commission.
640 14. Each water management district Each agency within the
641 executive branch of state government, each water management
642 district, and the Florida Public Service Commission shall select
643 from within such agency a person to be designated as the agency
644 liaison to the workgroup.
645 (c) The director of the Division of Emergency Management,
646 or his or her designee, shall serve as the administrator liaison
647 to and coordinator of the coordinating group workgroup.
648 (d) Each agency representative liaison shall provide
649 information from his or her respective agency, including all
650 relevant reports, on the current and potential risks and impacts
651 of natural hazards to this state to his or her agency, agency
652 resources available, and efforts made by the agency to address
653 and mitigate the risks and impacts of against natural hazards,
654 and efforts made by the agency to address the impacts of natural
655 hazards.
656 (e)1. The coordinating group workgroup shall meet in person
657 or by means of communications media technology as provided in s.
658 120.54(5)(b)2. at least teleconference on a quarterly basis to
659 share information, leverage agency resources, coordinate ongoing
660 efforts, and provide information for inclusion in the annual
661 progress report submitted pursuant to subsection (2). Agency
662 heads for the agencies listed in paragraph (b) shall meet in
663 person at least annually to collectively strategize and
664 prioritize state efforts.
665 2. Information regarding the coordinating group, including
666 meeting agendas and reports, must be posted in a conspicuous
667 location on the division’s website.
668 (2)(a) On behalf of the coordinating group workgroup, the
669 division of Emergency Management shall prepare an annual
670 progress report on the implementation of the state’s hazard
671 mitigation plan, developed and submitted in accordance with 42
672 U.S.C. s. 5165 and any implementing regulations, as it relates
673 to natural hazards. At a minimum, the annual progress report
674 must:
675 1. Assess each agency’s the relevance, level, and
676 significance of current agency efforts to address and mitigate
677 the risks and impacts of natural hazards; and
678 2. Strategize and prioritize ongoing efforts to address and
679 mitigate the risks and impacts of natural hazards;.
680 3. Provide recommendations regarding statutory changes and
681 funding that may assist in addressing or mitigating the risks
682 and impacts of natural hazards; and
683 4. Provide recommendations for state and local natural
684 hazard mitigation strategies.
685 (b) Each liaison is responsible for ensuring that the
686 workgroup’s annual progress report is posted on his or her
687 agency’s website.
688 (c) By January 1 of each year, 2019, and each year
689 thereafter, the division on behalf of the coordinating group
690 workgroup shall submit the annual progress report to the
691 Governor, the President of the Senate, and the Speaker of the
692 House of Representatives.
693 Section 10. Present paragraphs (c) and (d) of subsection
694 (5) of section 252.37, Florida Statutes, are redesignated as
695 paragraphs (d) and (e), respectively, a new paragraph (c) is
696 added to that subsection, and subsection (7) is added to that
697 section, to read:
698 252.37 Financing.—
699 (5) Unless otherwise specified in the General
700 Appropriations Act:
701 (c) If the division intends to accept or apply for federal
702 funds for a division-administered program that is new, that will
703 be implemented in a manner that is innovative or significantly
704 different from the manner in which the program is typically
705 administered, or that will require a state match for which the
706 division will be required to seek new budget authority, the
707 division must notify the Legislature of its intent to accept or
708 apply for the federal funds. The notice must detail the federal
709 program under which the funds will be accepted or applied for,
710 the intended purpose and use of the funds, and the amount of
711 funds, including the estimated state match.
712 (7) The division shall take steps to maximize the
713 availability and expedite the distribution of financial
714 assistance from the Federal Government to state and local
715 agencies. Such steps must include the standardization and
716 streamlining of the application process for financial assistance
717 through the federal Public Assistance Program and provision of
718 assistance to applicants in order to mitigate the risk of
719 noncompliance with federal program requirements. The division
720 shall use federal funds allocated as management cost or other
721 funds as appropriated to implement this subsection.
722 Section 11. Section 252.3713, Florida Statutes, is created
723 to read:
724 252.3713 Hazard Mitigation Grant Program.—
725 (1) The division shall administer the Hazard Mitigation
726 Grant Program as authorized and described in s. 404 of the
727 Robert T. Stafford Disaster Relief and Emergency Assistance Act,
728 as amended by Pub. L. No. 103-181, Pub. L. No. 103-337, and Pub.
729 L. No. 106-390.
730 (2) The division may retain no more than 25 percent of the
731 total federal allocation of funds received for use within the
732 state. A minimum of 75 percent of any funds received pursuant to
733 a declared disaster must be distributed for use by the
734 subrecipients in the counties specified in the Presidential
735 Disaster Declaration for that disaster. However, a subrecipient
736 may elect to share some or all of its allocation with the
737 division to be used for projects benefiting the region in which
738 the subrecipient is located.
739 (3) The division and subrecipients shall prioritize
740 projects that fulfill the following purposes when adopting
741 mitigation strategies and plans and applying for funds under the
742 grant program:
743 (a) Reducing shelter space deficits through retrofitting of
744 existing shelters and hardening of public buildings that are not
745 schools. Reducing deficits in shelter space intended to
746 accommodate individuals with special needs must be prioritized
747 before addressing deficits in other types of shelter space.
748 (b) Mitigating impacts to public infrastructure, including
749 roads, bridges, and stormwater, water, and sewer systems, to
750 enhance resistance to natural hazards and prevent and reduce
751 losses.
752 (c) Mitigating impacts to school facilities which will
753 reduce future disaster losses and make the facilities more
754 resistant to natural hazards.
755 (d) Retrofitting of regional and local emergency management
756 or operations centers.
757 (e) Other projects that the division may define by rule.
758 (4) The division may coordinate with other state agencies
759 and political subdivisions to develop and implement innovative
760 approaches to funding mitigation projects using grants under the
761 Hazard Mitigation Grant Program, including, but not limited to,
762 combining funding received from multiple federal and state
763 programs. The division, in cooperation with other state agencies
764 that administer federal grant programs, shall ensure that:
765 (a) Projects funded through multiple programs comply with
766 all applicable federal and state requirements of the respective
767 programs under which funding was received.
768 (b) Funding is used for projects in the geographic areas
769 specified in the grant of funding.
770 (5) A fiscally constrained county may request that the
771 division administer the grant for such county. A fiscally
772 constrained county may request additional assistance from the
773 division in preparing applications for grants and developing a
774 structure for implementing, monitoring the execution of, and
775 closing out projects.
776 (6) Each year by August 1, the division shall submit a
777 report to the President of the Senate and the Speaker of the
778 House of Representatives specifying the amount of funding
779 received under the Hazard Mitigation Grant Program for the
780 previous fiscal year; projects funded by county; and the extent
781 to which the priorities provided in this section were achieved.
782 (7) The division shall adopt rules to implement this
783 section.
784 Section 12. Paragraph (a) of subsection (2) of section
785 252.373, Florida Statutes, is amended to read:
786 252.373 Allocation of funds; rules.—
787 (2) The division shall allocate funds from the Emergency
788 Management, Preparedness, and Assistance Trust Fund to local
789 emergency management agencies and programs pursuant to criteria
790 specified in rule. Such rules shall include, but are not limited
791 to:
792 (a) Requiring that, at a minimum, a local emergency
793 management agency either:
794 1. Have a program director who works at least 40 hours a
795 week in that capacity; or
796 2. If the county has fewer than 75,000 population or is
797 party to an interjurisdictional emergency management agreement
798 entered into pursuant to s. 252.38(3)(c) s. 252.38(3)(b), that
799 is recognized by the Governor by executive order or rule, have
800 an emergency management coordinator who works at least 20 hours
801 a week in that capacity.
802 Section 13. Present paragraphs (a) and (b) of subsection
803 (3) of section 252.38, Florida Statutes, are redesignated as
804 paragraphs (b) and (c), respectively, a new paragraph (a) is
805 added to that subsection, and paragraph (a) of subsection (1) is
806 amended, to read:
807 252.38 Emergency management powers of political
808 subdivisions.—Safeguarding the life and property of its citizens
809 is an innate responsibility of the governing body of each
810 political subdivision of the state.
811 (1) COUNTIES.—
812 (a) In order to provide effective and orderly governmental
813 control and coordination of emergency operations in emergencies
814 within the scope of ss. 252.31-252.90, each county within this
815 state shall be within the jurisdiction of, and served by, the
816 division. Except as otherwise provided in ss. 252.31-252.90,
817 each local emergency management agency shall have jurisdiction
818 over and serve an entire county. Unless part of an
819 interjurisdictional emergency management agreement entered into
820 pursuant to paragraph (3)(c) (3)(b) which is recognized by the
821 Governor by executive order or rule, each county must establish
822 and maintain such an emergency management agency and shall
823 develop a county emergency management plan and program that is
824 coordinated and consistent with the state comprehensive
825 emergency management plan and program. Counties that are part of
826 an interjurisdictional emergency management agreement entered
827 into pursuant to paragraph (3)(c) (3)(b) which is recognized by
828 the Governor by executive order or rule shall cooperatively
829 develop an emergency management plan and program that is
830 coordinated and consistent with the state comprehensive
831 emergency management plan and program.
832 (3) EMERGENCY MANAGEMENT POWERS; POLITICAL SUBDIVISIONS.—
833 (a) Each political subdivision shall notify the division on
834 or before May 1 each year of the person designated as the
835 emergency contact for the political subdivision and his or her
836 alternate and of any changes in persons so designated
837 thereafter. For a county, this includes the county emergency
838 management director.
839 Section 14. Subsections (2) and (3) of section 252.385,
840 Florida Statutes, are amended to read:
841 252.385 Public shelter space; public records exemption.—
842 (2)(a) The division shall administer a program to survey
843 existing schools, universities, community colleges, and other
844 state-owned, municipally owned, and county-owned public
845 buildings and any private facility that the owner, in writing,
846 agrees to provide for use as a public hurricane evacuation
847 shelter to identify those that are appropriately designed and
848 located to serve as such shelters. The owners of the facilities
849 must be given the opportunity to participate in the surveys. The
850 state university boards of trustees, district school boards,
851 community college boards of trustees, and the Department of
852 Education are responsible for coordinating and implementing the
853 survey of public schools, universities, and community colleges
854 with the division or the local emergency management agency.
855 (b) By January 31 of each even-numbered year, the division
856 shall prepare and submit a statewide emergency shelter plan to
857 the Governor and Cabinet for approval, subject to the
858 requirements for approval in s. 1013.37(2). The emergency
859 shelter plan must project, for each of the next 5 years, the
860 hurricane shelter needs of the state, including periods of time
861 during which a concurrent public health emergency may
862 necessitate more space for each individual to accommodate
863 physical distancing. In addition to information on the general
864 shelter needs throughout this state, the plan must identify the
865 general location and square footage of special needs shelters,
866 by regional planning council region. The plan must also include
867 information on the availability of shelters that accept pets.
868 The Department of Health shall assist the division in
869 determining the estimated need for special needs shelter space
870 and the adequacy of facilities to meet the needs of persons with
871 special needs based on information from the registries of
872 persons with special needs and other information.
873 (3)(a) The division shall annually provide by October 15 to
874 the Governor, the President of the Senate, and the Speaker of
875 the House of Representatives a report that includes, and the
876 Governor a list of facilities recommended to be retrofitted
877 using state funds. State funds should be maximized and targeted
878 to projects in counties regional planning council regions with
879 hurricane evacuation shelter deficits. Additionally, the
880 division shall prioritize on the list of recommended facilities
881 other state-owned, municipal-owned, and county-owned public
882 buildings, other than schools, for retrofit using state funds.
883 The owner or lessee of a public hurricane evacuation shelter
884 that is included on the list of facilities recommended for
885 retrofitting is not required to perform any recommended
886 improvements.
887 (b) The report required in paragraph (a) must include a
888 statewide emergency shelter plan that must project, for each of
889 the next 5 years, the hurricane shelter needs of the state. In
890 addition to information on the general shelter needs throughout
891 this state, the plan must identify, by county, the general
892 location and square footage of special needs shelters. The plan
893 must also include information on the availability of shelters
894 that accept pets. The Department of Health and the Agency for
895 Persons with Disabilities shall assist the division in
896 determining the estimated need for special needs shelter space,
897 the estimated need for general shelter space to accommodate
898 persons with developmental disabilities, including, but not
899 limited to, autism, and the adequacy of facilities to meet the
900 needs of persons with special needs based on information from
901 the registries of persons with special needs and other
902 information.
903 Section 15. Section 252.392, Florida Statutes, is created
904 to read:
905 252.392 Post-storm county and municipal permitting;
906 operations.—
907 (1)(a) Each county and municipality shall develop a post
908 storm permitting plan to expedite recovery and rebuilding by
909 providing for special building permit and inspection procedures
910 after a hurricane or tropical storm. The plan must, at a
911 minimum:
912 1. Ensure sufficient personnel are prepared and available
913 to expeditiously manage post-disaster building inspection,
914 permitting, and enforcement tasks. The plan must anticipate
915 conditions that would necessitate supplemental personnel for
916 such tasks and address methods for fulfilling such personnel
917 needs, including through mutual aid agreements as authorized in
918 s. 252.40, other arrangements, such as those with private sector
919 contractors, or supplemental state or federal funding. The plan
920 must include training requirements and protocols for
921 supplemental personnel to ensure compliance with local
922 floodplain management requirements that apply within the county
923 or municipality.
924 2. Account for multiple or alternate locations where
925 building permit services may be offered in-person to the public
926 following a hurricane or tropical storm, during regular business
927 hours.
928 3. Specify a protocol to expedite permitting procedures
929 and, if practicable, for the waiver or reduction of applicable
930 fees in accordance with and in addition to the procedures and
931 waivers provided for under s. 553.7922. The plan must identify
932 the types of permits that are frequently requested following a
933 hurricane or tropical storm and methods to expedite the
934 processing of such permits.
935 4. Specify procedures and resources necessary to promote
936 expeditious debris removal following a hurricane or tropical
937 storm.
938 (b) Each county and municipality shall update the plan no
939 later than May 1 annually.
940 (2)(a) By May 1 annually, each county and municipality
941 shall publish on its website a hurricane and tropical storm
942 recovery permitting guide for residential and commercial
943 property owners. The guide must describe:
944 1. The types of post-storm repairs that require a permit
945 and applicable fees.
946 2. The types of post-storm repairs that do not require a
947 permit.
948 3. The post-storm permit application process and specific
949 modifications the county or municipality commonly makes to
950 expedite the process, including the physical locations where
951 permitting services will be offered.
952 4. Local requirements for rebuilding specific to the county
953 or municipality, including elevation requirements following
954 substantial damage and substantial improvement pursuant to the
955 National Flood Insurance Program (NFIP) and any local amendments
956 to the building code.
957 (b) As soon as practicable following a hurricane or
958 tropical storm, a county or municipality within the area for
959 which a state of emergency pursuant to s. 252.36 for such
960 hurricane or tropical storm is declared shall publish updates on
961 its website to the information required under paragraph (a)
962 which are specific to such storm, including any permitting fee
963 waivers or reductions.
964 (3) A county or municipality located entirely or partially
965 within 100 miles of the track, as determined by the National
966 Oceanic and Atmospheric Administration, of a hurricane or
967 tropical storm and for which a state of emergency is declared
968 pursuant to s. 252.36:
969 (a) May not increase building permit or inspection fees for
970 a period of 180 days after the date on which the state of
971 emergency was declared.
972 (b) Must, as soon as practicable, have employees and
973 supplemental personnel available during the county’s or
974 municipality’s normal business hours to process permits.
975 Section 16. Paragraph (a) of subsection (9) of section
976 380.0552, Florida Statutes, is amended to read:
977 380.0552 Florida Keys Area; protection and designation as
978 area of critical state concern.—
979 (9) MODIFICATION TO PLANS AND REGULATIONS.—
980 (a) Any land development regulation or element of a local
981 comprehensive plan in the Florida Keys Area may be enacted,
982 amended, or rescinded by a local government, but the enactment,
983 amendment, or rescission becomes effective only upon approval by
984 the state land planning agency. The state land planning agency
985 shall review the proposed change to determine if it is in
986 compliance with the principles for guiding development specified
987 in chapter 27F-8, Florida Administrative Code, as amended
988 effective August 23, 1984, and must approve or reject the
989 requested changes within 60 days after receipt. Amendments to
990 local comprehensive plans in the Florida Keys Area must also be
991 reviewed for compliance with the following:
992 1. Construction schedules and detailed capital financing
993 plans for wastewater management improvements in the annually
994 adopted capital improvements element, and standards for the
995 construction of wastewater treatment and disposal facilities or
996 collection systems that meet or exceed the criteria in s.
997 403.086(11) for wastewater treatment and disposal facilities or
998 s. 381.0065(4)(l) for onsite sewage treatment and disposal
999 systems.
1000 2. Goals, objectives, and policies to protect public safety
1001 and welfare in the event of a natural disaster by maintaining a
1002 hurricane evacuation clearance time for permanent residents of
1003 no more than 26 24 hours. The hurricane evacuation clearance
1004 time shall be determined by a hurricane evacuation study
1005 conducted in accordance with a professionally accepted
1006 methodology and approved by the state land planning agency. For
1007 purposes of hurricane evacuation clearance time:
1008 a. Mobile home residents are not considered permanent
1009 residents.
1010 b. The City of Key West Area of Critical State Concern
1011 established by chapter 28-36, Florida Administrative Code, shall
1012 be included in the hurricane evacuation study and is subject to
1013 the evacuation requirements of this subsection.
1014 Section 17. It is the intent of the Legislature that the
1015 amendment made by this act to s. 380.0552, Florida Statutes,
1016 will accommodate the building of additional developments within
1017 the Florida Keys to ameliorate the acute affordable housing and
1018 building permit allocation shortage. The Legislature also
1019 intends that local governments subject to the hurricane
1020 evacuation clearance time restrictions on residential buildings
1021 manage growth with a heightened focus on long-term stability and
1022 affordable housing for the local workforce.
1023 Section 18. Subsection (1) of section 400.063, Florida
1024 Statutes, is amended to read:
1025 400.063 Resident protection.—
1026 (1) The Health Care Trust Fund shall be used for the
1027 purpose of collecting and disbursing funds generated from the
1028 license fees and administrative fines as provided for in ss.
1029 393.0673(5), 400.062(3), 400.121(2), and 400.23(8). Such funds
1030 shall be for the sole purpose of paying for the appropriate
1031 alternate placement, care, and treatment of residents who are
1032 removed from a facility licensed under this part or a facility
1033 specified in s. 393.0678(1) in which the agency determines that
1034 existing conditions or practices constitute an immediate danger
1035 to the health, safety, or security of the residents. If the
1036 agency determines that it is in the best interest of the health,
1037 safety, or security of the residents to provide for an orderly
1038 removal of the residents from the facility, the agency may
1039 utilize such funds to maintain and care for the residents in the
1040 facility pending removal and alternative placement. The
1041 maintenance and care of the residents shall be under the
1042 direction and control of a receiver appointed pursuant to s.
1043 393.0678(1) or s. 400.126(1). However, funds may be expended in
1044 an emergency upon a filing of a petition for a receiver, upon
1045 the declaration of a state of local emergency pursuant to s.
1046 252.38(3)(b)5. s. 252.38(3)(a)5., or upon a duly authorized
1047 local order of evacuation of a facility by emergency personnel
1048 to protect the health and safety of the residents.
1049 Section 19. Subsection (7) of section 403.7071, Florida
1050 Statutes, is amended, and subsection (8) is added to that
1051 section, to read:
1052 403.7071 Management of storm-generated debris.—Solid waste
1053 generated as a result of a storm event that is the subject of an
1054 emergency order issued by the department may be managed as
1055 follows:
1056 (7) Unless otherwise specified in a contract or franchise
1057 agreement between a local government and a private solid waste
1058 or debris management service provider, a private solid waste or
1059 debris management service provider is not required to collect
1060 storm-generated yard trash. Local governments are authorized and
1061 encouraged to add an addendum to existing contracts or franchise
1062 agreements for collection of storm-generated debris.
1063 (8)(a) Each county and municipality shall apply to the
1064 department for authorization of at least one debris management
1065 site as described in subsection (2) and shall annually seek
1066 preauthorization for any previously approved debris management
1067 sites, as allowed by the department.
1068 (b) A municipality may jointly apply for authorization of a
1069 debris management site with a county or at least one adjacent
1070 municipality, if the parties develop and approve a memorandum of
1071 understanding. Such memorandum must clearly outline the capacity
1072 of the debris management site and location of the site relative
1073 to each party. The memorandum of understanding must be approved
1074 annually as part of the preauthorization process described in
1075 paragraph (a).
1076 Section 20. Paragraph (m) is added to subsection (4) of
1077 section 553.73, Florida Statutes, to read:
1078 553.73 Florida Building Code.—
1079 (4)
1080 (m) A local government may not adopt a local lookback
1081 ordinance for substantial improvements or repairs to a structure
1082 which is more stringent than the Florida Building Code. A
1083 lookback ordinance adopted by a local government before July 1,
1084 2025, is void and unenforceable.
1085 Section 21. (1) Each county listed in the federal disaster
1086 declaration for Hurricane Debby (DR-4806), Hurricane Helene (DR
1087 4828), or Hurricane Milton (DR-4834), and each municipality
1088 within one of those counties, shall not propose or adopt any
1089 moratorium on construction, reconstruction, or redevelopment of
1090 any property damaged by such hurricanes; propose or adopt more
1091 restrictive or burdensome amendments to its comprehensive plan
1092 or land development regulations; or propose or adopt more
1093 restrictive or burdensome procedures concerning review,
1094 approval, or issuance of a site plan, development permit, or
1095 development order, to the extent that those terms are defined by
1096 s. 163.3164, Florida Statutes, before October 1, 2027, and any
1097 such moratorium or restrictive or burdensome comprehensive plan
1098 amendment, land development regulation, or procedure shall be
1099 null and void ab initio. This subsection applies retroactively
1100 to August 1, 2024.
1101 (2) Notwithstanding subsection (1), any comprehensive plan
1102 amendment, land development regulation amendment, site plan,
1103 development permit, or development order approved or adopted by
1104 a county or municipality before or after the effective date of
1105 this section may be enforced if:
1106 (a) The associated application is initiated by a private
1107 party other than the county or municipality.
1108 (b) The property that is the subject of the application is
1109 owned by the initiating private party.
1110 (3)(a) A resident of or the owner of a business in a county
1111 or municipality may bring a civil action for declaratory and
1112 injunctive relief against the county or municipality for a
1113 violation of this section. Pending adjudication of the action
1114 and upon filing of a complaint showing a violation of this
1115 section, the resident or business owner is entitled to a
1116 preliminary injunction against the county or municipality
1117 preventing implementation of the moratorium or the comprehensive
1118 plan amendment, land development regulation, or procedure. If
1119 such civil action is successful, the resident or business owner
1120 is entitled to reasonable attorney fees and costs.
1121 (b) Attorney fees and costs and damages may not be awarded
1122 pursuant to this subsection if:
1123 1. The resident or business owner provides the governing
1124 body of the county or municipality written notice that a
1125 proposed or enacted moratorium, comprehensive plan amendment,
1126 land development regulation, or procedure is in violation of
1127 this section; and
1128 2. The governing body of the county or municipality
1129 withdraws the proposed moratorium, comprehensive plan amendment,
1130 land development regulation, or procedure within 14 days; or, in
1131 the case of an adopted moratorium, comprehensive plan amendment,
1132 land development regulation, or procedure, the governing body of
1133 a county or municipality notices an intent to repeal within 14
1134 days after receipt of the notice and repeals the moratorium,
1135 comprehensive plan amendment, land development regulation, or
1136 procedure within 14 days thereafter.
1137 (4) This section shall take effect upon becoming a law and
1138 expires June 30, 2028.
1139 Section 22. For the purpose of incorporating the amendment
1140 made by this act to section 252.35, Florida Statutes, in a
1141 reference thereto, subsection (6) of section 252.55, Florida
1142 Statutes, is reenacted to read:
1143 252.55 Civil Air Patrol, Florida Wing.—
1144 (6) The wing commander of the Florida Wing of the Civil Air
1145 Patrol shall biennially furnish the division a 2-year projection
1146 of the goals and objectives of the Civil Air Patrol which shall
1147 be reported in the division’s biennial report submitted pursuant
1148 to s. 252.35.
1149 Section 23. Except as otherwise expressly provided in this
1150 act and except for this section, which shall take effect upon
1151 this act becoming a law, this act shall take effect July 1,
1152 2025.