Florida Senate - 2025 CS for CS for SB 324
By the Appropriations Committee on Transportation, Tourism, and
Economic Development; the Committee on Commerce and Tourism; and
Senators Smith and Arrington
606-03453-25 2025324c2
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 agree to
21 accept consultation from the Florida Small Business
22 Development Center Network as a condition to
23 participate in the program; prohibiting an applicant
24 from participating in the program under certain
25 circumstances; creating s. 288.9996, F.S.; directing
26 the department to maintain and publish certain
27 information about the program on its website and to
28 update such information as changes occur; requiring
29 that such information be accessible to certain persons
30 with disabilities; creating s. 288.9997, F.S.;
31 providing that the department or any of its officers,
32 employees, agents, or contractors are not liable in
33 any civil action arising out of or relating to
34 specified duties of the program; requiring an
35 applicant to acknowledge that submitting an
36 application does not guarantee funding; providing that
37 the department is not liable for any damages resulting
38 from the department denying an applicant a loan or
39 delaying loan disbursement or from certain activities;
40 providing construction; providing that certain
41 determinations, prioritizations, and decisions made
42 are deemed final agency action and not subject to
43 further judicial review; providing an exception;
44 authorizing the department to adopt rules; creating s.
45 288.9998, F.S.; requiring the department, by a
46 specified date, to submit an annual report containing
47 certain information to the Governor and the
48 Legislature; providing an effective date.
49
50 Be It Enacted by the Legislature of the State of Florida:
51
52 Section 1. Part XIII of chapter 288, Florida Statutes,
53 consisting of ss. 288.9991-288.9998, Florida Statutes, is
54 created and entitled “Construction Disruption Assistance Act.”
55 Section 2. Section 288.9991, Florida Statutes, is created
56 to read:
57 288.9991 Short title.—This part shall be known and may be
58 cited as the “Construction Disruption Assistance Act.”
59 Section 3. Section 288.9992, Florida Statutes, is created
60 to read:
61 288.9992 Legislative findings; purpose.—The Legislature
62 finds and declares that:
63 (1) Prolonged state and local government construction
64 projects that directly block access to small businesses cause
65 significant financial and operational hardships that negatively
66 impact local economies and threaten the livelihoods of business
67 owners and employees.
68 (2) It is the purpose of this act to establish a program to
69 provide financial relief, promotional support, and loss coverage
70 to small businesses adversely impacted by state and local
71 government construction projects, ensuring their resilience and
72 viability during essential infrastructure improvements.
73 Section 4. Section 288.9993, Florida Statutes, is created
74 to read:
75 288.9993 Definitions.—As used in this part, the term:
76 (1) “Construction zone” means the immediate area where
77 construction activities directly restrict physical or visual
78 access to a small business, including partial or complete
79 obstruction of entryways, parking, or signage visibility.
80 (2) “Demonstrable loss” means a verifiable reduction in
81 revenue, property damage, or increased operational costs
82 directly attributed to state or local government construction
83 activities.
84 (3) “Department” means the Department of Commerce.
85 (4) “Eligible small business” means a business with 50 or
86 fewer employees whose primary access points are obstructed by
87 state or local government construction activities directly
88 adjacent to or in front of the business, as determined by the
89 department.
90 (5) “Program” means the Construction Impact Relief
91 Revolving Loan Program established in s. 288.9995.
92 Section 5. Section 288.9994, Florida Statutes, is created
93 to read:
94 288.9994 Rulemaking authority.—By October 1, 2025, the
95 department shall adopt rules to implement this part, including,
96 but not limited to, developing guidelines for the award of loans
97 under the program and creating application forms for the
98 program.
99 Section 6. Section 288.9995, Florida Statutes, is created
100 to read:
101 288.9995 Construction Impact Relief Revolving Loan
102 Program.—
103 (1) The Construction Impact Relief Revolving Loan Program
104 is created within the department. The program may be funded by
105 the Legislature. Under the program, the department shall:
106 (a) Provide financial assistance to eligible small
107 businesses within construction zones, including low-interest
108 loans of up to $100,000, with interest not to exceed the federal
109 funds rate at the time the loan is issued, for the operational
110 costs of eligible small businesses during construction
111 disruptions.
112 (b) Develop a public awareness and marketing campaign to
113 promote the program in partnership with local chambers of
114 commerce and other business organizations and to encourage
115 customer support for small businesses adversely impacted by
116 state and local government construction activities. Such
117 marketing campaign efforts must include, but are not limited to,
118 all of the following:
119 1. Digital advertising campaigns.
120 2. Signage and outreach.
121 (2) An applicant seeking to obtain financial assistance
122 under paragraph (1)(a) must submit an application to the
123 department. The application must require documentation of
124 demonstrable loss and a plan for the use of funds. Proof of
125 demonstrable loss must include, but is not limited to, all of
126 the following:
127 (a) Documentation of reduction in revenue from the start
128 date of the state or local government construction activities to
129 the week before an application is submitted to the department.
130 Such proof may be made by comparing the applicant’s average
131 weekly or monthly revenue of the year before the state or local
132 government construction activities began and the applicant’s
133 current weekly or monthly revenue.
134 (b) Photo or video evidence of the obstruction to the
135 applicant due to the construction zone. Such obstruction may
136 include, but is not limited to, any of the following:
137 1. Restricting parking or primary entry access to the
138 eligible small business.
139 2. Blocking visibility of the applicant from all directions
140 of traffic flow along the road and adjoining sidewalks in which
141 the applicant is located, during each phase of construction.
142 (3) An applicant must agree to accept consultation from the
143 Florida Small Business Development Center Network created in s.
144 288.001 as a condition to participate in the program. If an
145 applicant is enrolled in any other loan program, he or she is
146 not eligible to participate in the program.
147 Section 7. Section 288.9996, Florida Statutes, is created
148 to read:
149 288.9996 Publication on department website; accessibility.
150 (1) The department shall maintain and publish detailed
151 information about the program on its website. The information
152 must include, but is not limited to, all of the following:
153 (a) A clear description of the application process.
154 (b) Detailed eligibility criteria for applicants.
155 (c) The timeline and procedures for review, approval, and
156 disbursement of funds.
157 (d) Contact information, including e-mail addresses and
158 telephone numbers, applicants or interested parties may obtain
159 for additional information or assistance.
160 (2) The department shall update the information as changes
161 occur and ensure the website is accessible to all potential
162 applicants or interested parties, including those with
163 disabilities, in accordance with applicable state and federal
164 accessibility laws.
165 Section 8. Section 288.9997, Florida Statutes, is created
166 to read:
167 288.9997 Liability.—
168 (1) The department or any of its officers, employees,
169 agents, or contractors may not be held liable in any civil
170 action arising out of or relating to the administration,
171 processing, approval, denial, or disbursement of funds under the
172 program.
173 (2) An applicant must acknowledge, as a condition of
174 applying to the program, that submitting an application does not
175 guarantee funding and that the department is not liable for any
176 damages, including, but not limited to, lost profits or business
177 interruptions resulting from the department denying a loan or
178 delaying disbursement of a loan, or from government construction
179 activities.
180 (3) This part may not be construed to create a private
181 right of action against the department or any of its officers,
182 employees, agents, or contractors. Eligibility determinations,
183 prioritization of applications, and loan award decisions made in
184 accordance with applicable program rules and guidelines are
185 considered final agency action and are not subject to further
186 judicial review except as provided in s. 120.68.
187 (4) The department may adopt rules establishing clear
188 application procedures, evaluation criteria, and dispute
189 resolution processes to ensure consistency and transparency in
190 program administration.
191 Section 9. Section 288.9998, Florida Statutes, is created
192 to read:
193 288.9998 Annual reporting requirement.—The department
194 shall, by November 1 of each year, submit an annual report to
195 the Governor, the President of the Senate, and the Speaker of
196 the House of Representatives which summarizes the performance of
197 the program, including the total number of small businesses and
198 residents served, the total funds disbursed, and the program
199 outcomes.
200 Section 10. This act shall take effect July 1, 2025.