Florida Senate - 2025                              CS for SB 324
       
       
        
       By the Committee on Commerce and Tourism; and Senators Smith and
       Arrington
       
       
       
       
       577-03059-25                                           2025324c1
    1                        A bill to be entitled                      
    2         An act relating to construction disruption assistance;
    3         creating part XIII of ch. 288, F.S., to be entitled
    4         the “Construction Disruption Assistance Act”; creating
    5         s. 288.9991, F.S.; providing a short title; creating
    6         s. 288.9992, F.S.; providing legislative findings and
    7         purpose; creating s. 288.9993, F.S.; defining terms;
    8         creating s. 288.9994, F.S.; establishing rulemaking
    9         authority; creating s. 288.9995, F.S.; establishing
   10         the Construction Impact Relief Revolving Loan Program
   11         within the Department of Commerce; authorizing the
   12         Legislature to fund the program; requiring the
   13         department to provide specified financial assistance
   14         to eligible small businesses within construction
   15         zones; requiring the department to develop a public
   16         awareness and marketing campaign to promote the
   17         program in partnership with specified entities;
   18         providing requirements for the campaign; requiring
   19         applicants to submit specified information with their
   20         applications; requiring an applicant to consult with
   21         the Florida Small Business Development Center Network
   22         to confirm the applicant’s eligibility for the
   23         program; prohibiting an applicant from participating
   24         in the program under certain circumstances; creating
   25         s. 288.9996, F.S.; directing the department to
   26         establish a hotline to provide information about the
   27         program; creating s. 288.9997, F.S.; requiring the
   28         department to submit an annual report containing
   29         certain information by a specified date to the
   30         Governor and the Legislature; providing an effective
   31         date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Part XIII of chapter 288, Florida Statutes,
   36  consisting of ss. 288.9991-288.9997, Florida Statutes, is
   37  created and entitled the “Construction Disruption Assistance
   38  Act.”
   39         Section 2. Section 288.9991, Florida Statutes, is created
   40  to read:
   41         288.9991Short title.—This part shall be known and may be
   42  cited as the “Construction Disruption Assistance Act.”
   43         Section 3. Section 288.9992, Florida Statutes, is created
   44  to read:
   45         288.9992Legislative findings; purpose.—The Legislature
   46  finds and declares that:
   47         (1)Prolonged state and local government construction
   48  projects that directly block access to small businesses cause
   49  significant financial and operational hardships that negatively
   50  impact local economies and threaten the livelihoods of business
   51  owners and employees.
   52         (2)It is the purpose of this act to establish a program to
   53  provide financial relief, promotional support, and loss coverage
   54  to small businesses adversely impacted by state and local
   55  government construction projects, ensuring their resilience and
   56  viability during essential infrastructure improvements.
   57         Section 4. Section 288.9993, Florida Statutes, is created
   58  to read:
   59         288.9993Definitions.—As used in this part, the term:
   60         (1)“Construction zone” means the immediate area where
   61  construction activities directly restrict physical or visual
   62  access to a small business, including partial or complete
   63  obstruction of entryways, parking, or signage visibility.
   64         (2)“Demonstrable loss” means a verifiable reduction in
   65  revenue, property damage, or increased operational costs
   66  directly attributed to state or local government construction
   67  activities.
   68         (3)“Department” means the Department of Commerce.
   69         (4)“Eligible small business” means a business with 50 or
   70  fewer employees whose primary access points are obstructed by
   71  state or local government construction activities directly
   72  adjacent to or in front of the business, as determined by the
   73  department.
   74         (5)“Program” means the Construction Impact Relief
   75  Revolving Loan Program established in s. 288.9995.
   76         Section 5. Section 288.9994, Florida Statutes, is created
   77  to read:
   78         288.9994Rulemaking authority.—By October 1, 2025, the
   79  department shall adopt rules to implement this part, including,
   80  but not limited to, developing guidelines for the award of loans
   81  under the program and creating application forms for the
   82  program.
   83         Section 6. Section 288.9995, Florida Statutes, is created
   84  to read:
   85         288.9995Construction Impact Relief Revolving Loan
   86  Program.—
   87         (1)The Construction Impact Relief Revolving Loan Program
   88  is created within the department. The program may be funded by
   89  the Legislature. Under the program, the department shall:
   90         (a)Provide financial assistance to eligible small
   91  businesses within construction zones, including low-interest
   92  loans of up to $100,000, with interest not to exceed the federal
   93  funds rate at the time the loan is issued, for the operational
   94  costs of eligible small businesses during construction
   95  disruptions.
   96         (b)Develop a public awareness and marketing campaign to
   97  promote the program in partnership with local chambers of
   98  commerce and other business organizations and to encourage
   99  customer support for small businesses adversely impacted by
  100  state and local government construction activities. Such
  101  marketing campaign efforts must include, but are not limited to,
  102  all of the following:
  103         1.Digital advertising campaigns.
  104         2.Signage and outreach.
  105         (2)An applicant seeking to obtain financial assistance
  106  under paragraph (1)(a) must submit an application to the
  107  department. The application must require documentation of
  108  demonstrable loss and a plan for the use of funds. Proof of
  109  demonstrable loss must include, but is not limited to, all of
  110  the following:
  111         (a) Documentation of reduction in revenue from the start
  112  date of the state or local government construction activities to
  113  the week before an application is submitted to the department.
  114  Such proof may be made by comparing the applicant’s average
  115  weekly or monthly revenue of the year before the state or local
  116  government construction activities began and the applicant’s
  117  current weekly or monthly revenue.
  118         (b) Photo or video evidence of the obstruction to the
  119  applicant due to the construction zone. Such obstruction may
  120  include, but is not limited to, any of the following:
  121         1. Restricting parking or primary entry access to the
  122  eligible small business.
  123         2. Blocking visibility of the applicant from all directions
  124  of traffic flow along the road and adjoining sidewalks in which
  125  the applicant is located, during each phase of construction.
  126         (3) An applicant must consult with the Florida Small
  127  Business Development Center Network created in s. 288.001 to
  128  confirm the applicant’s eligibility for the program. If an
  129  applicant is eligible for any other loan program, he or she is
  130  not eligible to participate in the program.
  131         Section 7. Section 288.9996, Florida Statutes, is created
  132  to read:
  133         288.9996Program hotline.—The department is directed to
  134  establish a hotline to provide information about the program to
  135  small business owners.
  136         Section 8. Section 288.9997, Florida Statutes, is created
  137  to read:
  138         288.9997Annual reporting requirement.—The department
  139  shall, by November 1 of each year, submit an annual report to
  140  the Governor, the President of the Senate, and the Speaker of
  141  the House of Representatives which summarizes the performance of
  142  the program, including the total number of small businesses and
  143  residents served, the total funds disbursed, and the program
  144  outcomes.
  145         Section 9. This act shall take effect July 1, 2025.