Florida Senate - 2026 SENATOR AMENDMENT
Bill No. CS/CS/CS/HB 399, 1st Eng.
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LEGISLATIVE ACTION
Senate . House
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Floor: WD .
03/13/2026 11:58 AM .
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Senator DiCeglie moved the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 287 and 288
4 insert:
5 Section 10. Section 252.422, Florida Statutes, is amended
6 to read:
7 252.422 Restrictions on county or municipal regulations
8 after a hurricane.—
9 (1) As used in this section, the term “impacted local
10 government” means a county listed in a federal disaster
11 declaration located entirely or partially within 50 100 miles of
12 the track of a storm declared to be a hurricane by the National
13 Hurricane Center while the storm was categorized as a hurricane
14 and which was listed in a federal major disaster declaration
15 pursuant to the Robert T. Stafford Disaster Relief and Emergency
16 Assistance Act, 42 U.S.C. ss. 5121 et seq., or a municipality
17 located within such a county.
18 (2) For 1 year after a hurricane makes landfall in this
19 state, an impacted local government may not propose or adopt:
20 (a) Enforce a moratorium that prevents or delays the repair
21 or on construction, reconstruction, or redevelopment of an
22 existing improvement damaged by such hurricane, unless the
23 moratorium is imposed for the purpose of addressing stormwater
24 or flood water management, potable water supply, or necessary
25 repairs to or replacement of sanitary sewer systems any
26 property.
27 (b) Require the repair or reconstruction of an existing
28 improvement damaged by such hurricane to comply with an A more
29 restrictive or burdensome amendment to its comprehensive plan or
30 land development regulations which was first effective after
31 such hurricane made landfall in this state.
32 (c) Enforce a change to a more restrictive or burdensome
33 procedure concerning review, approval, or issuance of a site
34 plan, development permit, or development order, to the extent
35 that those terms are defined in s. 163.3164, which increases the
36 timeframe for the impacted local government to take final action
37 on such review, approval, or issuance and which is effective
38 after such hurricane makes landfall in this state.
39 (3) Notwithstanding subsection (2), a comprehensive plan
40 amendment, land development regulation amendment, site plan,
41 development permit, or development order approved or adopted by
42 an impacted local government before or after June 26, 2025, may
43 be enforced if:
44 (a) The associated application is initiated by a private
45 party other than the impacted local government and the property
46 that is the subject of the application is owned by the
47 initiating private party;
48 (b) The proposed comprehensive plan amendment was submitted
49 to reviewing agencies pursuant to s. 163.3184 before landfall;
50 or
51 (c) The proposed comprehensive plan amendment or land
52 development regulation is approved by the state land planning
53 agency for an area of critical state concern designated pursuant
54 to chapter 380; pursuant to s. 380.05.
55 (c) The adoption of the comprehensive plan amendment or
56 land development regulation amendment is required to comply with
57 state or federal law; or
58 (d) The adoption of the comprehensive plan amendment or
59 land development regulation implements a floodplain management
60 standard consistent with 44 C.F.R. part 60, relating to the
61 National Flood Insurance Program.
62 (4) The prohibitions of paragraphs (2)(b) and (c) apply
63 only to property damaged to such an extent that a permit is
64 required for the repair or reconstruction of the existing
65 improvement. An impacted local government may require a property
66 owner to provide documentation demonstrating that the property
67 was damaged by a hurricane, including, but not limited to,
68 documents produced by property appraisers, insurers, or local
69 building inspectors.
70 (a) Any person may file suit against any impacted local
71 government for declaratory and injunctive relief to enforce this
72 section.
73 (b) A county or municipality may request a determination by
74 a court of competent jurisdiction as to whether such action
75 violates this section. Upon such a request, the county or
76 municipality may not enforce the action until the court has
77 issued a preliminary or final judgment determining whether the
78 action violates this section.
79 (c) Before a plaintiff may file suit, the plaintiff shall
80 notify the impacted local government by setting forth the facts
81 upon which the complaint or petition is based and the reasons
82 the impacted local government’s action violates this section.
83 Upon receipt of the notice, the impacted local government shall
84 have 14 days to withdraw or revoke the action at issue or
85 otherwise declare it void. If the impacted local government does
86 not withdraw or revoke the action at issue within the time
87 prescribed, the plaintiff may file suit. The plaintiff shall be
88 entitled to entry of a preliminary injunction to prevent the
89 impacted local government from implementing the challenged
90 action during pendency of the litigation. In any action
91 instituted pursuant to this paragraph, the prevailing plaintiff
92 shall be entitled to reasonable attorney fees and costs.
93 (d) In any case brought under this section, all parties are
94 entitled to the summary procedure provided in s. 51.011, and the
95 court shall advance the cause on the calendar.
96 (5) This section may not be construed to restrict a local
97 government from adopting or enforcing changes to the Florida
98 Building Code or local technical amendments adopted pursuant to
99 s. 553.73(4) The Office of Program Policy Analysis and
100 Government Accountability (OPPAGA) shall conduct a study on
101 actions taken by local governments after hurricanes which are
102 related to comprehensive plans, land development regulations,
103 and procedures for review, approval, or issuance of site plans,
104 permits, or development orders. The study must focus on the
105 impact that local governmental actions, including moratoriums,
106 ordinances, and procedures, have had or may have on
107 construction, reconstruction, or redevelopment of any property
108 damaged by hurricanes. In its research, OPPAGA shall survey
109 stakeholders that play integral parts in the rebuilding and
110 recovery process. OPPAGA shall make recommendations for
111 legislative options to remove impediments to the construction,
112 reconstruction, or redevelopment of any property damaged by a
113 hurricane and prevent the implementation by local governments of
114 burdensome or restrictive procedures and processes. OPPAGA shall
115 submit the report to the President of the Senate and the Speaker
116 of the House of Representatives by December 1, 2025.
117 Section 11. Section 28 of chapter 2025-190, Laws of
118 Florida, is amended to read:
119 Section 28. (1) Each county listed in the Federal Disaster
120 Declaration for Hurricane Debby (DR-4806), Hurricane Helene (DR
121 4828), or Hurricane Milton (DR-4834), and each municipality
122 within one of those counties, may not propose or adopt any
123 moratorium on construction, reconstruction, or redevelopment of
124 any property damaged by such hurricanes; propose or adopt more
125 restrictive or burdensome amendments to its comprehensive plan
126 or land development regulations; or propose or adopt more
127 restrictive or burdensome procedures concerning review,
128 approval, or issuance of a site plan, development permit, or
129 development order, to the extent that those terms are defined by
130 s. 163.3164, Florida Statutes, before June 30, 2026 October 1,
131 2027, and any such moratorium or restrictive or burdensome
132 comprehensive plan amendment, land development regulation, or
133 procedure shall be null and void ab initio. This subsection
134 applies retroactively to August 1, 2024.
135 (2) Notwithstanding subsection (1), any comprehensive plan
136 amendment, land development regulation amendment, site plan,
137 development permit, or development order approved or adopted by
138 a county or municipality before or after the effective date of
139 this act may be enforced if:
140 (a) The associated application is initiated by a private
141 party other than the county or municipality.
142 (b) The property that is the subject of the application is
143 owned by the initiating private party.
144 (3)(a) A resident of or the owner of a business in a county
145 or municipality may bring a civil action for declaratory and
146 injunctive relief against the county or municipality for a
147 violation of this section. Pending adjudication of the action
148 and upon filing of a complaint showing a violation of this
149 section, the resident or business owner is entitled to a
150 preliminary injunction against the county or municipality
151 preventing implementation of the moratorium or the comprehensive
152 plan amendment, land development regulation, or procedure. If
153 such civil action is successful, the resident or business owner
154 is entitled to reasonable attorney fees and costs.
155 (b) Attorney fees and costs and damages may not be awarded
156 pursuant to this subsection if:
157 1. The resident or business owner provides the governing
158 body of the county or municipality written notice that a
159 proposed or enacted moratorium, comprehensive plan amendment,
160 land development regulation, or procedure is in violation of
161 this section; and
162 2. The governing body of the county or municipality
163 withdraws the proposed moratorium, comprehensive plan amendment,
164 land development regulation, or procedure within 14 days; or, in
165 the case of an adopted moratorium, comprehensive plan amendment,
166 land development regulation, or procedure, the governing body of
167 a county or municipality notices an intent to repeal within 14
168 days after receipt of the notice and repeals the moratorium,
169 comprehensive plan amendment, land development regulation, or
170 procedure within 14 days thereafter.
171 (4) This section expires June 30, 2026 2028.
172
173 ================= T I T L E A M E N D M E N T ================
174 And the title is amended as follows:
175 Delete line 65
176 and insert:
177 date; amending s. 252.422, F.S.; revising the
178 definition of the term “impacted local government”;
179 prohibiting impacted local governments from enforcing
180 certain moratoriums, requiring the repair or
181 reconstruction of certain improvements to meet certain
182 requirements, or enforcing changes to specified
183 procedures; revising circumstances under which
184 impacted local governments may enforce certain
185 amendments, site plans, development permits, or
186 development orders; providing applicability;
187 authorizing impacted local governments to require a
188 property owner to provide specified documentation;
189 deleting provisions related to filing suit against an
190 impacted local government for injunctive relief;
191 providing construction; deleting obsolete language;
192 amending chapter 2025-190, Laws of Florida; revising
193 the timeframe within which certain counties are
194 prohibited from proposing or adopting certain
195 moratoriums, amendments, or procedures; revising a
196 future expiration date; providing effective dates.