CS for CS for SB 180 First Engrossed
2025180e1
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.
127 373.423, F.S.; defining the terms “MS4” and “MS4
128 entity”; requiring each MS4 entity to conduct an
129 inspection of certain stormwater management systems in
130 accordance with the MS4 permit; specifying
131 requirements for such inspection; requiring certain
132 structures be observed and reviewed annually;
133 requiring each MS4 entity to complete a stormwater
134 facility inspection checklist for inspections of such
135 systems; requiring that such checklist be submitted to
136 specified entities; providing applicability; amending
137 s. 380.0552, F.S.; revising the maximum evacuation
138 clearance time for permanent residents of the Florida
139 Keys Area, which time is an element for which
140 amendments to local comprehensive plans in the Florida
141 Keys Area must be reviewed for compliance; providing
142 legislative intent; amending s. 400.063, F.S.;
143 conforming a cross-reference; amending s. 403.7071,
144 F.S.; providing that private solid waste or debris
145 management service providers are not required to
146 collect storm-generated debris or waste unless such
147 collection is specified in their contract or franchise
148 agreement; providing that local governments are
149 authorized and encouraged to add certain addenda to
150 certain contracts or agreements; requiring counties
151 and municipalities to apply to the Department of
152 Environmental Protection for authorization to
153 designate at least one debris management site;
154 authorizing municipalities to apply jointly with a
155 county or another adjacent municipality for
156 authorization of a minimum number of debris management
157 sites if such entities approve a memorandum of
158 understanding; providing requirements for such
159 memoranda; amending s. 553.73, F.S.; prohibiting
160 certain local governments from adopting ordinances for
161 substantial improvements or repairs to a structure
162 which include cumulative substantial improvement
163 periods; defining the term “cumulative substantial
164 improvement period”; requiring the Office of Program
165 Policy Analysis and Government Accountability to
166 conduct a study on certain local government actions
167 after hurricanes; specifying requirements for the
168 study and legislative recommendations; requiring the
169 office to submit a report to the Legislature by a
170 specified date; reenacting s. 252.55(6), F.S.,
171 relating to a certain biennial report submitted by the
172 wing commander of the Civil Air Patrol, to incorporate
173 the amendment made to s. 252.35, F.S., in a reference
174 thereto; providing effective dates.
175
176 Be It Enacted by the Legislature of the State of Florida:
177
178 Section 1. Subsection (23) is added to section 161.101,
179 Florida Statutes, to read:
180 161.101 State and local participation in authorized
181 projects and studies relating to beach management and erosion
182 control.—
183 (23) Notwithstanding subsections (1), (15), and (16), and
184 for the 2025-2026 fiscal year, for beaches located in any county
185 listed in a federal declaration of disaster in 2024 that were
186 impacted by erosion caused by Hurricane Debby, Hurricane Helene,
187 or Hurricane Milton, the department may waive or reduce the
188 match requirements for local governments. This subsection
189 expires July 1, 2026.
190 Section 2. Effective upon becoming a law, section 193.4518,
191 Florida Statutes, is amended to read:
192 193.4518 Assessment of agricultural equipment rendered
193 unable to be used due to hurricanes Hurricane Idalia.—
194 (1) As used in this section, the term:
195 (a) “Farm” has the same meaning as provided in s.
196 823.14(3).
197 (b) “Farm operation” has the same meaning as provided in s.
198 823.14(3).
199 (c) “Unable to be used” means the tangible personal
200 property was damaged, or the farm, farm operation, or
201 agricultural processing facility was affected, to such a degree
202 that the tangible personal property could not be used for its
203 intended purpose.
204 (2)(a) For purposes of ad valorem taxation and applying to
205 the 2024 tax roll only, tangible personal property owned and
206 operated by a farm, a farm operation, or an agriculture
207 processing facility located in Charlotte County, Citrus County,
208 Columbia County, Dixie County, Gilchrist County, Hamilton
209 County, Hernando County, Jefferson County, Lafayette County,
210 Levy County, Madison County, Manatee County, Pasco County,
211 Pinellas County, Sarasota County, Suwannee County, or Taylor
212 County is deemed to have a market value no greater than its
213 value for salvage if the tangible personal property was unable
214 to be used for at least 60 days due to the effects of Hurricane
215 Idalia.
216 (b)(3) The deadline for an applicant to file an application
217 with the property appraiser for assessment pursuant to this
218 subsection section is March 1, 2024.
219 (c)(4) If the property appraiser denies an application, the
220 applicant may file, pursuant to s. 194.011(3), a petition with
221 the value adjustment board which requests that the tangible
222 personal property be assessed pursuant to this section. Such
223 petition must be filed on or before the 25th day after the
224 mailing by the property appraiser during the 2024 calendar year
225 of the notice required under s. 194.011(1).
226 (d)(5) This subsection section applies to tax rolls
227 beginning January 1, 2024.
228 (3)(a) For purposes of ad valorem taxation and applying to
229 the 2025 tax roll only, tangible personal property owned and
230 operated by a farm, a farm operation, or an agriculture
231 processing facility located in Alachua County, Baker County,
232 Bradford County, Brevard County, Charlotte County, Citrus
233 County, Clay County, Collier County, Columbia County, DeSoto
234 County, Dixie County, Duval County, Flagler County, Franklin
235 County, Gilchrist County, Glades County, Gulf County, Hamilton
236 County, Hardee County, Hendry County, Hernando County, Highlands
237 County, Hillsborough County, Indian River County, Jefferson
238 County, Lafayette County, Lake County, Lee County, Leon County,
239 Levy County, Madison County, Manatee County, Marion County,
240 Martin County, Okeechobee County, Orange County, Osceola County,
241 Palm Beach County, Pasco County, Pinellas County, Polk County,
242 Putnam County, Sarasota County, Seminole County, St. Johns
243 County, St. Lucie County, Sumter County, Suwannee County, Taylor
244 County, Union County, Volusia County, or Wakulla County is
245 deemed to have a market value no greater than its value for
246 salvage if the tangible personal property was unable to be used
247 for at least 60 days due to the effects of Hurricanes Debby,
248 Helene, and Milton.
249 (b) The deadline for an applicant to file an application
250 with the property appraiser for assessment pursuant to this
251 subsection is August 1, 2025.
252 (c) If the property appraiser denies an application, the
253 applicant may file, pursuant to s. 194.011(3), a petition with
254 the value adjustment board which requests that the tangible
255 personal property be assessed pursuant to this section. Such
256 petition must be filed on or before the 25th day after the
257 mailing by the property appraiser during the 2025 calendar year
258 of the notice required under s. 194.011(1).
259 (d) This subsection applies retroactively to January 1,
260 2025.
261 Section 3. Paragraph (b) of subsection (1) of section
262 215.559, Florida Statutes, is amended to read:
263 215.559 Hurricane Loss Mitigation Program.—A Hurricane Loss
264 Mitigation Program is established in the Division of Emergency
265 Management.
266 (1) The Legislature shall annually appropriate $10 million
267 of the moneys authorized for appropriation under s.
268 215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the
269 division for the purposes set forth in this section. Of the
270 amount:
271 (b) Three million dollars in funds shall be used to
272 construct or retrofit facilities used as public hurricane
273 shelters. Each year the division shall prioritize the use of
274 these funds for projects included in the annual report of the
275 Shelter Development Report prepared in accordance with s.
276 252.385(3). The division shall must give funding priority to
277 projects located in counties regional planning council regions
278 that have shelter deficits, projects that are publicly owned,
279 other than schools, and to projects that maximize the use of
280 state funds.
281 Section 4. Section 250.375, Florida Statutes, is amended to
282 read:
283 250.375 Medical officer authorization.—A servicemember
284 trained to provide medical care who is assigned to a military
285 duty position and authorized by the Florida National Guard to
286 provide medical care by virtue of such duty position may provide
287 such medical care to military personnel and civilians within
288 this state physician who holds an active license to practice
289 medicine in any state, a United States territory, or the
290 District of Columbia, while serving as a medical officer with or
291 in support of the Florida National Guard, pursuant to federal or
292 state orders, may practice medicine on military personnel or
293 civilians during an emergency or declared disaster or during
294 federal military training.
295 Section 5. Subsection (1) and paragraphs (a), (c), (n),
296 (s), and (x) of subsection (2) of section 252.35, Florida
297 Statutes, are amended, and a new paragraph (dd) is added to
298 subsection (2) of that section, to read:
299 252.35 Emergency management powers; Division of Emergency
300 Management.—
301 (1) The division is responsible for maintaining a
302 comprehensive statewide program of emergency management. The
303 division is responsible for coordination with efforts of the
304 Federal Government with other departments and agencies of state
305 government, with county and municipal governments and school
306 boards, and with private agencies that have a role in emergency
307 management. The Legislature intends for other departments and
308 agencies of state government, county and municipal governments
309 and school boards, and private agencies that have a role in
310 emergency management to coordinate to the greatest extent
311 possible in the provision of emergency management efforts
312 through the division.
313 (2) The division is responsible for carrying out the
314 provisions of ss. 252.31-252.90. In performing its duties, the
315 division shall:
316 (a) Prepare a state comprehensive emergency management
317 plan, which must shall be integrated into and coordinated with
318 the emergency management plans and programs of the Federal
319 Government. The complete state comprehensive emergency
320 management plan must be submitted to the Governor, the President
321 of the Senate, and the Speaker of the House of Representatives
322 on October 1 of every odd-numbered year. The division shall
323 adopt the plan as a rule in accordance with chapter 120. The
324 plan must be implemented by a continuous, integrated
325 comprehensive emergency management program. The plan must
326 contain provisions to ensure that the state is prepared for
327 emergencies and minor, major, and catastrophic disasters, and
328 the division shall work closely with local governments and
329 agencies and organizations with emergency management
330 responsibilities in preparing and maintaining the plan. The
331 state comprehensive emergency management plan must be operations
332 oriented and:
333 1. Include an evacuation component that includes specific
334 regional and interregional planning provisions and promotes
335 intergovernmental coordination of evacuation activities. This
336 component must, at a minimum: contain guidelines for lifting
337 tolls on state highways; ensure coordination pertaining to
338 evacuees crossing county lines; set forth procedures for
339 directing people caught on evacuation routes to safe shelter;
340 establish strategies for ensuring sufficient, reasonably priced
341 fueling locations along evacuation routes; and establish
342 policies and strategies for emergency medical evacuations.
343 2. Include a shelter component that includes specific
344 regional and interregional planning provisions and promotes
345 coordination of shelter activities between the public, private,
346 and nonprofit sectors. This component must, at a minimum:
347 contain strategies to ensure the availability of adequate public
348 shelter space in each county region of the state; establish
349 strategies for refuge-of-last-resort programs; provide
350 strategies to assist local emergency management efforts to
351 ensure that adequate staffing plans exist for all shelters,
352 including medical and security personnel; provide for a
353 postdisaster communications system for public shelters;
354 establish model shelter guidelines for operations, registration,
355 inventory, power generation capability, information management,
356 and staffing; and set forth policy guidance for sheltering
357 people with special needs.
358 3. Include a postdisaster response and recovery component
359 that includes specific regional and interregional planning
360 provisions and promotes intergovernmental coordination of
361 postdisaster response and recovery activities. This component
362 must provide for postdisaster response and recovery strategies
363 according to whether a disaster is minor, major, or
364 catastrophic. The postdisaster response and recovery component
365 must, at a minimum: establish the structure of the state’s
366 postdisaster response and recovery organization; establish
367 procedures for activating the state’s plan; set forth policies
368 used to guide postdisaster response and recovery activities;
369 describe the chain of command during the postdisaster response
370 and recovery period; describe initial and continuous
371 postdisaster response and recovery actions; identify the roles
372 and responsibilities of each involved agency and organization;
373 provide for a comprehensive communications plan; establish
374 procedures for coordinating and monitoring statewide mutual aid
375 agreements reimbursable under federal public disaster assistance
376 programs; provide for rapid impact assessment teams; ensure the
377 availability of an effective statewide urban search and rescue
378 program coordinated with the fire services; ensure the existence
379 of a comprehensive statewide medical care and relief plan
380 administered by the Department of Health; and establish systems
381 for coordinating volunteers and accepting and distributing
382 donated funds and goods.
383 4. Include additional provisions addressing aspects of
384 preparedness, response, recovery, and mitigation as determined
385 necessary by the division.
386 5. Address the need for coordinated and expeditious
387 deployment of state resources, including the Florida National
388 Guard. In the case of an imminent major disaster, procedures
389 should address predeployment of the Florida National Guard, and,
390 in the case of an imminent catastrophic disaster, procedures
391 should address predeployment of the Florida National Guard and
392 the United States Armed Forces.
393 6. Establish a system of communications and warning to
394 ensure that the state’s population and emergency management
395 agencies are warned of developing emergency situations,
396 including public health emergencies, and can communicate
397 emergency response decisions.
398 7. Establish guidelines and schedules for annual exercises
399 that evaluate the ability of the state and its political
400 subdivisions to respond to minor, major, and catastrophic
401 disasters and support local emergency management agencies. Such
402 exercises shall be coordinated with local governments and, to
403 the extent possible, the Federal Government.
404 8. Assign lead and support responsibilities to state
405 agencies and personnel for emergency support functions and other
406 support activities.
407 9. Include the public health emergency plan developed by
408 the Department of Health pursuant to s. 381.00315.
409 10. Include an update on the status of the emergency
410 management capabilities of the state and its political
411 subdivisions.
412
413 The complete state comprehensive emergency management plan must
414 be submitted to the President of the Senate, the Speaker of the
415 House of Representatives, and the Governor on February 1 of
416 every even-numbered year.
417 (c) Assist political subdivisions in preparing and
418 maintaining emergency management plans. Such assistance must
419 include the development of a template for comprehensive
420 emergency management plans and guidance on the development of
421 mutual aid agreements when requested by the political
422 subdivision.
423 (n) Implement training programs to maintain Florida’s
424 status as a national leader in emergency management and improve
425 the ability of state and local emergency management personnel to
426 prepare and implement emergency management plans and programs.
427 This must shall include a continuous training program for
428 agencies and individuals who that will be called on to perform
429 key roles in state and local postdisaster response and recovery
430 efforts and for local government personnel on federal and state
431 postdisaster response and recovery strategies and procedures.
432 The division shall specify requirements for the minimum number
433 of training hours that county or municipal administrators,
434 county or city managers, county or municipal emergency
435 management directors, and county or municipal public works
436 directors or other officials responsible for the construction
437 and maintenance of public infrastructure must complete
438 biennially in addition to the training required pursuant to s.
439 252.38(1)(b). Such training may be provided by the division or,
440 for county personnel, by a foundation that is a not-for-profit
441 corporation under s. 501(c)(3) of the Internal Revenue Code and
442 has a governing board that includes in its membership county
443 commissioners and professional county staff. If training is
444 provided by a foundation, such training must be approved by the
445 division.
446 (s) Complete an inventory of disaster response equipment,
447 including portable generators owned by the state and local
448 governments which are capable of operating during a major
449 disaster. The inventory must identify, at a minimum, the
450 location of each generator, the number of generators stored at
451 each specific location, the agency to which each generator
452 belongs, the primary use of the generator by the owner agency,
453 and the names, addresses, and telephone numbers of persons
454 having the authority to loan the stored generators as authorized
455 by the division during a declared emergency.
456 (x) Report biennially to the President of the Senate, the
457 Speaker of the House of Representatives, the Chief Justice of
458 the Supreme Court, and the Governor, no later than February 1 of
459 every odd-numbered year, the status of the emergency management
460 capabilities of the state and its political subdivisions. This
461 report must include the emergency management capabilities
462 related to public health emergencies, as determined in
463 collaboration with the Department of Health.
464 (dd) Conduct, by April 1 of each year, an annual hurricane
465 readiness session in each region designated by the division to
466 facilitate coordination between all emergency management
467 stakeholders. Each county emergency management director or his
468 or her designee shall, and other county and municipal personnel
469 may, attend the session for his or her region. A session must
470 include, but is not limited to, guidance on timelines for
471 preparation and response, information on state and federal
472 postdisaster resources and assistance, guidance to promote
473 efficient and expedited rebuilding of the community after a
474 hurricane, best practices for coordination and communication
475 among entities engaged in postdisaster response and recovery,
476 and discussion of any outstanding county or municipal
477 preparedness or readiness needs.
478 Section 6. Paragraph (b) of subsection (2) of section
479 252.355, Florida Statutes, is amended to read:
480 252.355 Registry of persons with special needs; notice;
481 registration program.—
482 (2) In order to ensure that all persons with special needs
483 may register, the division shall develop and maintain a special
484 needs shelter registration program. During a public health
485 emergency in which physical distancing is necessary, as
486 determined by the State Health Officer, the division must
487 maintain information on special needs shelter options that
488 mitigate the threat of the spread of infectious diseases.
489 (b) To assist in identifying persons with special needs,
490 home health agencies, hospices, nurse registries, home medical
491 equipment providers, the Department of Veterans’ Affairs, the
492 Department of Children and Families, the Department of Health,
493 the Agency for Health Care Administration, the Department of
494 Education, the Agency for Persons with Disabilities, the
495 Department of Elderly Affairs, and memory disorder clinics
496 shall, and any physician licensed under chapter 458 or chapter
497 459 and any pharmacy licensed under chapter 465 may, annually
498 provide registration information to all of their special needs
499 clients or their caregivers. The division shall develop a
500 brochure that provides information regarding special needs
501 shelter registration procedures. The brochure must be easily
502 accessible on the division’s website. All appropriate agencies
503 and community-based service providers, including aging and
504 disability resource centers, memory disorder clinics, home
505 health care providers, hospices, nurse registries, and home
506 medical equipment providers, shall, and any physician licensed
507 under chapter 458 or chapter 459 may, assist emergency
508 management agencies by annually registering persons with special
509 needs for special needs shelters, collecting registration
510 information for persons with special needs as part of the
511 program intake process, and establishing programs to educate
512 clients about the registration process and disaster preparedness
513 safety procedures. A client of a state-funded or federally
514 funded service program who has a physical, mental, or cognitive
515 impairment or sensory disability and who needs assistance in
516 evacuating, or when in a shelter, must register as a person with
517 special needs. The registration program shall give persons with
518 special needs the option of preauthorizing emergency response
519 personnel to enter their homes during search and rescue
520 operations if necessary to ensure their safety and welfare
521 following disasters.
522 Section 7. Subsections (2), (3), and (4) of section
523 252.3611, Florida Statutes, are amended, and subsection (5) is
524 added to that section, to read:
525 252.3611 Transparency; audits.—
526 (2) If When the duration of a declaration of a state of an
527 emergency issued by the Governor exceeds 90 days, regardless of
528 whether pursuant to the original declaration or extensions of
529 the same declaration:
530 (a)1. The Executive Office of the Governor or the
531 appropriate agency, within 72 hours after of executing a
532 contract executed with moneys authorized for expenditure to
533 support the response to the declared state of emergency, must
534 the Executive Office of the Governor or the appropriate agency
535 shall submit a copy of such contract to the Legislature. For
536 contracts executed during the first 90 days of the declared
537 state of emergency, the Executive Office of the Governor or the
538 appropriate agency shall submit a copy to the Legislature within
539 the first 120 days of the declared state of emergency.
540 2. All contracts executed to support the response to a
541 declared state of emergency, including contracts executed before
542 a declared state of emergency to secure resources or services in
543 advance or anticipation of an emergency, must be posted on the
544 secure contract tracking system required under s. 215.985(14).
545 (b) The Executive Office of the Governor or the appropriate
546 agency shall submit monthly reports to the Legislature of all
547 state expenditures, revenues received, and funds transferred by
548 an agency during the previous month to support the declared
549 state of emergency.
550 (3) Once an emergency exceeds 1 year, the Auditor General
551 shall conduct a financial audit of all associated expenditures
552 and a compliance audit of all associated contracts entered into
553 during the declared emergency. The Auditor General shall must
554 update the audit annually until the emergency is declared to be
555 ended. The Auditor General shall post the results of the audits
556 on his or her official website.
557 (4) Following the expiration or termination of a state of
558 emergency, the Auditor General shall conduct a financial audit
559 of all associated expenditures and a compliance audit of all
560 associated contracts entered into during the state of emergency.
561 The Auditor General shall post the results of the audits on his
562 or her official website.
563 (5) Annually by January 15, the division shall report to
564 the President of the Senate, the Speaker of the House of
565 Representatives, and the chairs of the appropriations committee
566 of each house of the Legislature on expenditures related to
567 emergencies incurred over the year from November 1 of the
568 previous year. The report must include:
569 (a) A separate summary of each emergency event, whether
570 complete or ongoing, and key actions taken by the division.
571 (b) Details of expenditures, separated by emergency event
572 and agency, for preparing for, responding to, or recovering from
573 the event. The report must specify detailed expenditures for the
574 entire report time period; specify total expenditures for the
575 event; and indicate amounts that are being or are anticipated to
576 be reimbursed by the Federal Emergency Management Agency or
577 other federal entity, amounts ineligible for reimbursement, and
578 any amounts deobligated by the Federal Emergency Management
579 Agency or other federal entity for reimbursement. The division
580 shall review expenditures by state agencies to ensure that
581 efforts, purchases, contracts, or expenditures are not
582 duplicated.
583 (c) An accounting of all inventory and assets purchased,
584 separated by emergency event and agency, for preparing for,
585 responding to, or recovering from the event, including motor
586 vehicles, boats, computers, and other equipment, and the current
587 status of such assets, including divestment, sale, or donation
588 by the state. The report must include a detailed accounting for
589 the entire report time period and specify a total for the event.
590 Section 8. Subsections (2) and (4) of section 252.365,
591 Florida Statutes, are amended to read:
592 252.365 Emergency coordination officers; disaster
593 preparedness plans.—
594 (2) The emergency coordination officer is responsible for
595 coordinating with the division on emergency preparedness issues,
596 preparing and maintaining emergency preparedness and
597 postdisaster response and recovery plans for such agency,
598 maintaining rosters of personnel to assist in disaster
599 operations, and coordinating appropriate training for agency
600 personnel, and coordinating with the division on emergency
601 preparedness and recovery issues, including identifying
602 priorities for postdisaster long-term recovery activities.
603 (4) On or before May 1 of each year, the head of each
604 agency shall notify the Governor and the division in writing of
605 the person initially designated as the emergency coordination
606 officer for such agency and her or his alternate and of any
607 changes in persons so designated thereafter.
608 Section 9. Section 252.3655, Florida Statutes, is amended
609 to read:
610 252.3655 Natural hazards risks and mitigation interagency
611 coordinating group workgroup.—
612 (1)(a) An interagency coordinating group workgroup is
613 created for the purpose of sharing information on the current
614 and potential risks and impacts of natural hazards throughout
615 this the state, coordinating the ongoing efforts of state
616 agencies in addressing and mitigating the risks and impacts of
617 natural hazards, and collaborating on statewide initiatives to
618 address and mitigate the risks and impacts of natural hazards.
619 As used in this section, the term “natural hazards” includes,
620 but is not limited to, extreme heat, drought, wildfire, sea
621 level change, high tides, storm surge, saltwater intrusion,
622 stormwater runoff, flash floods, inland flooding, and coastal
623 flooding.
624 (b) The agency head, or his or her designated senior
625 manager, from each of the following agencies shall serve on the
626 coordinating group:
627 1. Chief Resilience Officer of the Statewide Office of
628 Resilience.
629 2. Department of Agriculture and Consumer Services.
630 3. Department of Commerce.
631 4. Department of Environmental Protection.
632 5. Department of Financial Services.
633 6. Department of Law Enforcement.
634 7. Department of Highway Safety and Motor Vehicles.
635 8. Department of Military Affairs.
636 9. Division of Emergency Management.
637 10. Department of Transportation.
638 11. Fish and Wildlife Conservation Commission.
639 12. Office of Insurance Regulation.
640 13. Public Service Commission.
641 14. Each water management district Each agency within the
642 executive branch of state government, each water management
643 district, and the Florida Public Service Commission shall select
644 from within such agency a person to be designated as the agency
645 liaison to the workgroup.
646 (c) The director of the Division of Emergency Management,
647 or his or her designee, shall serve as the administrator liaison
648 to and coordinator of the coordinating group workgroup.
649 (d) Each agency representative liaison shall provide
650 information from his or her respective agency, including all
651 relevant reports, on the current and potential risks and impacts
652 of natural hazards to this state to his or her agency, agency
653 resources available, and efforts made by the agency to address
654 and mitigate the risks and impacts of against natural hazards,
655 and efforts made by the agency to address the impacts of natural
656 hazards.
657 (e)1. The coordinating group workgroup shall meet in person
658 or by means of communications media technology as provided in s.
659 120.54(5)(b)2. at least teleconference on a quarterly basis to
660 share information, leverage agency resources, coordinate ongoing
661 efforts, and provide information for inclusion in the annual
662 progress report submitted pursuant to subsection (2). Agency
663 heads for the agencies listed in paragraph (b) shall meet in
664 person at least annually to collectively strategize and
665 prioritize state efforts.
666 2. Information regarding the coordinating group, including
667 meeting agendas and reports, must be posted in a conspicuous
668 location on the division’s website.
669 (2)(a) On behalf of the coordinating group workgroup, the
670 division of Emergency Management shall prepare an annual
671 progress report on the implementation of the state’s hazard
672 mitigation plan, developed and submitted in accordance with 42
673 U.S.C. s. 5165 and any implementing regulations, as it relates
674 to natural hazards. At a minimum, the annual progress report
675 must:
676 1. Assess each agency’s the relevance, level, and
677 significance of current agency efforts to address and mitigate
678 the risks and impacts of natural hazards; and
679 2. Strategize and prioritize ongoing efforts to address and
680 mitigate the risks and impacts of natural hazards;.
681 3. Provide recommendations regarding statutory changes and
682 funding that may assist in addressing or mitigating the risks
683 and impacts of natural hazards; and
684 4. Provide recommendations for state and local natural
685 hazard mitigation strategies.
686 (b) Each liaison is responsible for ensuring that the
687 workgroup’s annual progress report is posted on his or her
688 agency’s website.
689 (c) By January 1 of each year, 2019, and each year
690 thereafter, the division on behalf of the coordinating group
691 workgroup shall submit the annual progress report to the
692 Governor, the President of the Senate, and the Speaker of the
693 House of Representatives.
694 Section 10. Present paragraphs (c) and (d) of subsection
695 (5) of section 252.37, Florida Statutes, are redesignated as
696 paragraphs (d) and (e), respectively, a new paragraph (c) is
697 added to that subsection, and subsection (7) is added to that
698 section, to read:
699 252.37 Financing.—
700 (5) Unless otherwise specified in the General
701 Appropriations Act:
702 (c) If the division intends to accept or apply for federal
703 funds for a division-administered program that is new, that will
704 be implemented in a manner that is innovative or significantly
705 different from the manner in which the program is typically
706 administered, or that will require a state match for which the
707 division will be required to seek new budget authority, the
708 division must notify the Legislature of its intent to accept or
709 apply for the federal funds. The notice must detail the federal
710 program under which the funds will be accepted or applied for,
711 the intended purpose and use of the funds, and the amount of
712 funds, including the estimated state match.
713 (7) The division shall take steps to maximize the
714 availability and expedite the distribution of financial
715 assistance from the Federal Government to state and local
716 agencies. Such steps must include the standardization and
717 streamlining of the application process for financial assistance
718 through the federal Public Assistance Program and provision of
719 assistance to applicants in order to mitigate the risk of
720 noncompliance with federal program requirements. The division
721 shall use federal funds allocated as management cost or other
722 funds as appropriated to implement this subsection.
723 Section 11. Section 252.3713, Florida Statutes, is created
724 to read:
725 252.3713 Hazard Mitigation Grant Program.—
726 (1) The division shall administer the Hazard Mitigation
727 Grant Program as authorized and described in s. 404 of the
728 Robert T. Stafford Disaster Relief and Emergency Assistance Act,
729 as amended by Pub. L. No. 103-181, Pub. L. No. 103-337, and Pub.
730 L. No. 106-390.
731 (2) The division may retain no more than 25 percent of the
732 total federal allocation of funds received for use within the
733 state. A minimum of 75 percent of any funds received pursuant to
734 a declared disaster must be distributed for use by the
735 subrecipients in the counties specified in the Presidential
736 Disaster Declaration for that disaster. However, a subrecipient
737 may elect to share some or all of its allocation with the
738 division to be used for projects benefiting the region in which
739 the subrecipient is located.
740 (3) The division and subrecipients shall prioritize
741 projects that fulfill the following purposes when adopting
742 mitigation strategies and plans and applying for funds under the
743 grant program:
744 (a) Reducing shelter space deficits through retrofitting of
745 existing shelters and hardening of public buildings that are not
746 schools. Reducing deficits in shelter space intended to
747 accommodate individuals with special needs must be prioritized
748 before addressing deficits in other types of shelter space.
749 (b) Mitigating impacts to public infrastructure, including
750 roads, bridges, and stormwater, water, and sewer systems, to
751 enhance resistance to natural hazards and prevent and reduce
752 losses.
753 (c) Mitigating impacts to school facilities which will
754 reduce future disaster losses and make the facilities more
755 resistant to natural hazards.
756 (d) Retrofitting of regional and local emergency management
757 or operations centers.
758 (e) Other projects that the division may define by rule.
759 (4) The division may coordinate with other state agencies
760 and political subdivisions to develop and implement innovative
761 approaches to funding mitigation projects using grants under the
762 Hazard Mitigation Grant Program, including, but not limited to,
763 combining funding received from multiple federal and state
764 programs. The division, in cooperation with other state agencies
765 that administer federal grant programs, shall ensure that:
766 (a) Projects funded through multiple programs comply with
767 all applicable federal and state requirements of the respective
768 programs under which funding was received.
769 (b) Funding is used for projects in the geographic areas
770 specified in the grant of funding.
771 (5) A fiscally constrained county may request that the
772 division administer the grant for such county. A fiscally
773 constrained county may request additional assistance from the
774 division in preparing applications for grants and developing a
775 structure for implementing, monitoring the execution of, and
776 closing out projects.
777 (6) Each year by August 1, the division shall submit a
778 report to the President of the Senate and the Speaker of the
779 House of Representatives specifying the amount of funding
780 received under the Hazard Mitigation Grant Program for the
781 previous fiscal year; projects funded by county; and the extent
782 to which the priorities provided in this section were achieved.
783 (7) The division shall adopt rules to implement this
784 section.
785 Section 12. Paragraph (a) of subsection (2) of section
786 252.373, Florida Statutes, is amended to read:
787 252.373 Allocation of funds; rules.—
788 (2) The division shall allocate funds from the Emergency
789 Management, Preparedness, and Assistance Trust Fund to local
790 emergency management agencies and programs pursuant to criteria
791 specified in rule. Such rules shall include, but are not limited
792 to:
793 (a) Requiring that, at a minimum, a local emergency
794 management agency either:
795 1. Have a program director who works at least 40 hours a
796 week in that capacity; or
797 2. If the county has fewer than 75,000 population or is
798 party to an interjurisdictional emergency management agreement
799 entered into pursuant to s. 252.38(3)(c) s. 252.38(3)(b), that
800 is recognized by the Governor by executive order or rule, have
801 an emergency management coordinator who works at least 20 hours
802 a week in that capacity.
803 Section 13. Present paragraphs (a) and (b) of subsection
804 (3) of section 252.38, Florida Statutes, are redesignated as
805 paragraphs (b) and (c), respectively, a new paragraph (a) is
806 added to that subsection, and paragraph (a) of subsection (1) is
807 amended, to read:
808 252.38 Emergency management powers of political
809 subdivisions.—Safeguarding the life and property of its citizens
810 is an innate responsibility of the governing body of each
811 political subdivision of the state.
812 (1) COUNTIES.—
813 (a) In order to provide effective and orderly governmental
814 control and coordination of emergency operations in emergencies
815 within the scope of ss. 252.31-252.90, each county within this
816 state shall be within the jurisdiction of, and served by, the
817 division. Except as otherwise provided in ss. 252.31-252.90,
818 each local emergency management agency shall have jurisdiction
819 over and serve an entire county. Unless part of an
820 interjurisdictional emergency management agreement entered into
821 pursuant to paragraph (3)(c) (3)(b) which is recognized by the
822 Governor by executive order or rule, each county must establish
823 and maintain such an emergency management agency and shall
824 develop a county emergency management plan and program that is
825 coordinated and consistent with the state comprehensive
826 emergency management plan and program. Counties that are part of
827 an interjurisdictional emergency management agreement entered
828 into pursuant to paragraph (3)(c) (3)(b) which is recognized by
829 the Governor by executive order or rule shall cooperatively
830 develop an emergency management plan and program that is
831 coordinated and consistent with the state comprehensive
832 emergency management plan and program.
833 (3) EMERGENCY MANAGEMENT POWERS; POLITICAL SUBDIVISIONS.—
834 (a) Each political subdivision shall notify the division on
835 or before May 1 each year of the person designated as the
836 emergency contact for the political subdivision and his or her
837 alternate and of any changes in persons so designated
838 thereafter. For a county, this includes the county emergency
839 management director.
840 Section 14. Subsections (2) and (3) of section 252.385,
841 Florida Statutes, are amended to read:
842 252.385 Public shelter space; public records exemption.—
843 (2)(a) The division shall administer a program to survey
844 existing schools, universities, community colleges, and other
845 state-owned, municipally owned, and county-owned public
846 buildings and any private facility that the owner, in writing,
847 agrees to provide for use as a public hurricane evacuation
848 shelter to identify those that are appropriately designed and
849 located to serve as such shelters. The owners of the facilities
850 must be given the opportunity to participate in the surveys. The
851 state university boards of trustees, district school boards,
852 community college boards of trustees, and the Department of
853 Education are responsible for coordinating and implementing the
854 survey of public schools, universities, and community colleges
855 with the division or the local emergency management agency.
856 (b) By January 31 of each even-numbered year, the division
857 shall prepare and submit a statewide emergency shelter plan to
858 the Governor and Cabinet for approval, subject to the
859 requirements for approval in s. 1013.37(2). The emergency
860 shelter plan must project, for each of the next 5 years, the
861 hurricane shelter needs of the state, including periods of time
862 during which a concurrent public health emergency may
863 necessitate more space for each individual to accommodate
864 physical distancing. In addition to information on the general
865 shelter needs throughout this state, the plan must identify the
866 general location and square footage of special needs shelters,
867 by regional planning council region. The plan must also include
868 information on the availability of shelters that accept pets.
869 The Department of Health shall assist the division in
870 determining the estimated need for special needs shelter space
871 and the adequacy of facilities to meet the needs of persons with
872 special needs based on information from the registries of
873 persons with special needs and other information.
874 (3)(a) The division shall annually provide by October 15 to
875 the Governor, the President of the Senate, and the Speaker of
876 the House of Representatives a report that includes, and the
877 Governor a list of facilities recommended to be retrofitted
878 using state funds. State funds should be maximized and targeted
879 to projects in counties regional planning council regions with
880 hurricane evacuation shelter deficits. Additionally, the
881 division shall prioritize on the list of recommended facilities
882 other state-owned, municipal-owned, and county-owned public
883 buildings, other than schools, for retrofit using state funds.
884 The owner or lessee of a public hurricane evacuation shelter
885 that is included on the list of facilities recommended for
886 retrofitting is not required to perform any recommended
887 improvements.
888 (b) The report required in paragraph (a) must include a
889 statewide emergency shelter plan that must project, for each of
890 the next 5 years, the hurricane shelter needs of the state. In
891 addition to information on the general shelter needs throughout
892 this state, the plan must identify, by county, the general
893 location and square footage of special needs shelters. The plan
894 must also include information on the availability of shelters
895 that accept pets. The Department of Health and the Agency for
896 Persons with Disabilities shall assist the division in
897 determining the estimated need for special needs shelter space,
898 the estimated need for general shelter space to accommodate
899 persons with developmental disabilities, including, but not
900 limited to, autism, and the adequacy of facilities to meet the
901 needs of persons with special needs based on information from
902 the registries of persons with special needs and other
903 information.
904 Section 15. Section 252.392, Florida Statutes, is created
905 to read:
906 252.392 Post-storm county and municipal permitting;
907 operations.—
908 (1)(a) Each county and municipality shall develop a post
909 storm permitting plan to expedite recovery and rebuilding by
910 providing for special building permit and inspection procedures
911 after a hurricane or tropical storm. The plan must, at a
912 minimum:
913 1. Ensure sufficient personnel are prepared and available
914 to expeditiously manage post-disaster building inspection,
915 permitting, and enforcement tasks. The plan must anticipate
916 conditions that would necessitate supplemental personnel for
917 such tasks and address methods for fulfilling such personnel
918 needs, including through mutual aid agreements as authorized in
919 s. 252.40, other arrangements, such as those with private sector
920 contractors, or supplemental state or federal funding. The plan
921 must include training requirements and protocols for
922 supplemental personnel to ensure compliance with local
923 floodplain management requirements that apply within the county
924 or municipality.
925 2. Account for multiple or alternate locations where
926 building permit services may be offered in-person to the public
927 following a hurricane or tropical storm, during regular business
928 hours.
929 3. Specify a protocol to expedite permitting procedures
930 and, if practicable, for the waiver or reduction of applicable
931 fees in accordance with and in addition to the procedures and
932 waivers provided for under s. 553.7922. The plan must identify
933 the types of permits that are frequently requested following a
934 hurricane or tropical storm and methods to expedite the
935 processing of such permits.
936 4. Specify procedures and resources necessary to promote
937 expeditious debris removal following a hurricane or tropical
938 storm.
939 (b) Each county and municipality shall update the plan no
940 later than May 1 annually.
941 (2)(a) By May 1 annually, each county and municipality
942 shall publish on its website a hurricane and tropical storm
943 recovery permitting guide for residential and commercial
944 property owners. The guide must describe:
945 1. The types of post-storm repairs that require a permit
946 and applicable fees.
947 2. The types of post-storm repairs that do not require a
948 permit.
949 3. The post-storm permit application process and specific
950 modifications the county or municipality commonly makes to
951 expedite the process, including the physical locations where
952 permitting services will be offered.
953 4. Local requirements for rebuilding specific to the county
954 or municipality, including elevation requirements following
955 substantial damage and substantial improvement pursuant to the
956 National Flood Insurance Program (NFIP) and any local amendments
957 to the building code.
958 (b) As soon as practicable following a hurricane or
959 tropical storm, a county or municipality within the area for
960 which a state of emergency pursuant to s. 252.36 for such
961 hurricane or tropical storm is declared shall publish updates on
962 its website to the information required under paragraph (a)
963 which are specific to such storm, including any permitting fee
964 waivers or reductions.
965 (3) A county or municipality located entirely or partially
966 within 100 miles of the track, as determined by the National
967 Oceanic and Atmospheric Administration, of a hurricane or
968 tropical storm and for which a state of emergency is declared
969 pursuant to s. 252.36:
970 (a) May not increase building permit or inspection fees for
971 a period of 180 days after the date on which the state of
972 emergency was declared.
973 (b) Must, as soon as practicable, have employees and
974 supplemental personnel available during the county’s or
975 municipality’s normal business hours to process permits.
976 Section 16. Subsection (4) is added to section 373.423,
977 Florida Statutes, to read:
978 373.423 Inspection.—
979 (4)(a) For purposes of this subsection the term:
980 1. “MS4” means a municipal separate storm sewer system as
981 defined in 40 C.F.R. s. 122.26(b).
982 2. “MS4 entity” means an MS4 permittee.
983 (b) Each MS4 entity shall conduct an inspection of all
984 permitted stormwater management systems owned or operated by the
985 MS4 entity in accordance with the inspection schedule required
986 by the MS4 permit. As part of such inspection, the MS4 entity
987 shall identify any infrastructure within the MS4, or any
988 component thereof, which:
989 1. Has a significant vulnerability to obstruction,
990 blockage, deterioration, failure, or other deficiencies; and
991 2. Upon operational failure, would result in flooding and
992 property damage.
993 (c) Any infrastructure identified in the inspection that
994 satisfies the conditions in subparagraph (b)1. or subparagraph
995 (b)2. must be observed and reviewed by the MS4 entity annually
996 by June 1 thereafter.
997 (d) The MS4 entity shall complete the stormwater facility
998 inspection checklist developed by the department each time an
999 MS4 inspection is conducted pursuant to this subsection.
1000 Following each inspection, a completed checklist must be
1001 submitted to the department and the Division of Emergency
1002 Management.
1003 (e) This subsection does not apply to the Department of
1004 Transportation or to any entity that operates a toll facility in
1005 this state.
1006 Section 17. Paragraph (a) of subsection (9) of section
1007 380.0552, Florida Statutes, is amended to read:
1008 380.0552 Florida Keys Area; protection and designation as
1009 area of critical state concern.—
1010 (9) MODIFICATION TO PLANS AND REGULATIONS.—
1011 (a) Any land development regulation or element of a local
1012 comprehensive plan in the Florida Keys Area may be enacted,
1013 amended, or rescinded by a local government, but the enactment,
1014 amendment, or rescission becomes effective only upon approval by
1015 the state land planning agency. The state land planning agency
1016 shall review the proposed change to determine if it is in
1017 compliance with the principles for guiding development specified
1018 in chapter 27F-8, Florida Administrative Code, as amended
1019 effective August 23, 1984, and must approve or reject the
1020 requested changes within 60 days after receipt. Amendments to
1021 local comprehensive plans in the Florida Keys Area must also be
1022 reviewed for compliance with the following:
1023 1. Construction schedules and detailed capital financing
1024 plans for wastewater management improvements in the annually
1025 adopted capital improvements element, and standards for the
1026 construction of wastewater treatment and disposal facilities or
1027 collection systems that meet or exceed the criteria in s.
1028 403.086(11) for wastewater treatment and disposal facilities or
1029 s. 381.0065(4)(l) for onsite sewage treatment and disposal
1030 systems.
1031 2. Goals, objectives, and policies to protect public safety
1032 and welfare in the event of a natural disaster by maintaining a
1033 hurricane evacuation clearance time for permanent residents of
1034 no more than 26 24 hours. The hurricane evacuation clearance
1035 time shall be determined by a hurricane evacuation study
1036 conducted in accordance with a professionally accepted
1037 methodology and approved by the state land planning agency. For
1038 purposes of hurricane evacuation clearance time:
1039 a. Mobile home residents are not considered permanent
1040 residents.
1041 b. The City of Key West Area of Critical State Concern
1042 established by chapter 28-36, Florida Administrative Code, shall
1043 be included in the hurricane evacuation study and is subject to
1044 the evacuation requirements of this subsection.
1045 Section 18. It is the intent of the Legislature that the
1046 amendment made by this act to s. 380.0552, Florida Statutes,
1047 will accommodate the building of additional developments within
1048 the Florida Keys to ameliorate the acute affordable housing and
1049 building permit allocation shortage. The Legislature also
1050 intends that local governments subject to the hurricane
1051 evacuation clearance time restrictions on residential buildings
1052 manage growth with a heightened focus on long-term stability and
1053 affordable housing for the local workforce.
1054 Section 19. Subsection (1) of section 400.063, Florida
1055 Statutes, is amended to read:
1056 400.063 Resident protection.—
1057 (1) The Health Care Trust Fund shall be used for the
1058 purpose of collecting and disbursing funds generated from the
1059 license fees and administrative fines as provided for in ss.
1060 393.0673(5), 400.062(3), 400.121(2), and 400.23(8). Such funds
1061 shall be for the sole purpose of paying for the appropriate
1062 alternate placement, care, and treatment of residents who are
1063 removed from a facility licensed under this part or a facility
1064 specified in s. 393.0678(1) in which the agency determines that
1065 existing conditions or practices constitute an immediate danger
1066 to the health, safety, or security of the residents. If the
1067 agency determines that it is in the best interest of the health,
1068 safety, or security of the residents to provide for an orderly
1069 removal of the residents from the facility, the agency may
1070 utilize such funds to maintain and care for the residents in the
1071 facility pending removal and alternative placement. The
1072 maintenance and care of the residents shall be under the
1073 direction and control of a receiver appointed pursuant to s.
1074 393.0678(1) or s. 400.126(1). However, funds may be expended in
1075 an emergency upon a filing of a petition for a receiver, upon
1076 the declaration of a state of local emergency pursuant to s.
1077 252.38(3)(b)5. s. 252.38(3)(a)5., or upon a duly authorized
1078 local order of evacuation of a facility by emergency personnel
1079 to protect the health and safety of the residents.
1080 Section 20. Subsection (7) of section 403.7071, Florida
1081 Statutes, is amended, and subsection (8) is added to that
1082 section, to read:
1083 403.7071 Management of storm-generated debris.—Solid waste
1084 generated as a result of a storm event that is the subject of an
1085 emergency order issued by the department may be managed as
1086 follows:
1087 (7) Unless otherwise specified in a contract or franchise
1088 agreement between a local government and a private solid waste
1089 or debris management service provider, a private solid waste or
1090 debris management service provider is not required to collect
1091 storm-generated yard trash, debris, or waste. Local governments
1092 are authorized and encouraged to add an addendum to existing
1093 contracts or franchise agreements for collection of storm
1094 generated debris.
1095 (8)(a) Each county and municipality shall apply to the
1096 department for authorization of at least one debris management
1097 site as described in subsection (2) and shall annually seek
1098 preauthorization for any previously approved debris management
1099 sites, as allowed by the department.
1100 (b) A municipality may jointly apply for authorization of a
1101 debris management site with a county or at least one adjacent
1102 municipality, if the parties develop and approve a memorandum of
1103 understanding. Such memorandum must clearly outline the capacity
1104 of the debris management site and location of the site relative
1105 to each party. The memorandum of understanding must be approved
1106 annually as part of the preauthorization process described in
1107 paragraph (a).
1108 Section 21. Paragraph (m) is added to subsection (4) of
1109 section 553.73, Florida Statutes, to read:
1110 553.73 Florida Building Code.—
1111 (4)
1112 (m) A local government that is participating in the
1113 National Flood Insurance Program may not adopt or enforce an
1114 ordinance for substantial improvements or repairs to a structure
1115 which includes a cumulative substantial improvement period. For
1116 purposes of this paragraph, the term “cumulative substantial
1117 improvement period” means the period during which an aggregate
1118 of improvements or repairs is considered for purposes of
1119 determining substantial improvement as defined in s. 161.54(12).
1120 Section 22. Effective upon becoming a law, the Office of
1121 Program Policy Analysis and Government Accountability (OPPAGA)
1122 shall conduct a study on actions taken by local governments
1123 after hurricanes which are related to comprehensive plans, land
1124 development regulations, and procedures for review, approval, or
1125 issuance of site plans, permits, or development orders. The
1126 study must focus on the impact that local government actions,
1127 including moratoriums, ordinances, and procedures, have had or
1128 may have on construction, reconstruction, or redevelopment of
1129 any property damaged by hurricanes. In its research, the OPPAGA
1130 must survey stakeholders that play integral parts in the
1131 rebuilding and recovery process. The OPPAGA must make
1132 recommendations for legislative options to remove impediments to
1133 the construction, reconstruction, or redevelopment of any
1134 property damaged by a hurricane and prevent the implementation
1135 by local governments of burdensome or restrictive procedures and
1136 processes. The OPPAGA must submit the report to the President of
1137 the Senate and the Speaker of the House of Representatives by
1138 December 1, 2025.
1139 Section 23. 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 24. 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.