Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 250
       
       
       
       
       
       
                                Ì333250oÎ333250                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/17/2023           .                                
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       The Committee on Community Affairs (Martin) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 99 - 417
    4  and insert:
    5  to the contrary, following the declaration of a state of
    6  emergency issued by the Governor for a natural emergency as
    7  defined in s. 252.34(8) during which a permanent residential
    8  structure was damaged and rendered uninhabitable, a county may
    9  not prohibit the placement of one temporary shelter on the
   10  residential property for up to 36 months after the date of the
   11  declaration or until a certificate of occupancy is issued on the
   12  permanent residential structure on the property, whichever
   13  occurs first, if all of the following circumstances apply:
   14         (a)The resident makes a good faith effort to rebuild or
   15  renovate the damaged permanent residential structure, including,
   16  but not limited to, applying for a building permit, submitting a
   17  plan or design to the county, or obtaining a construction loan.
   18         (b)The temporary shelter is connected to water and
   19  electric utilities and does not present a threat to health and
   20  human safety.
   21         (c)The resident lives in the temporary structure.
   22         Section 2. Section 166.0335, Florida Statutes, is created
   23  to read:
   24         166.0335Temporary shelter prohibition.—
   25         (1)For the purposes of this section, the term “temporary
   26  shelter” includes, but is not limited to, a recreational
   27  vehicle, trailer, or similar structure placed on a residential
   28  property.
   29         (2)Notwithstanding any other law, ordinance, or regulation
   30  to the contrary, following the declaration of a state of
   31  emergency issued by the Governor for a natural emergency as
   32  defined in s. 252.34(8) during which a permanent residential
   33  structure was damaged and rendered uninhabitable, a municipality
   34  may not prohibit the placement of one temporary shelter on the
   35  residential property for up to 36 months after the date of the
   36  declaration or until a certificate of occupancy is issued on the
   37  permanent residential structure on the property, whichever
   38  occurs first, if all of the following circumstances apply:
   39         (a)The resident makes a good faith effort to rebuild or
   40  renovate the damaged permanent residential structure, including,
   41  but not limited to, applying for a building permit, submitting a
   42  plan or design to the municipality, or obtaining a construction
   43  loan.
   44         (b)The temporary shelter is connected to water and
   45  electric utilities and does not present a threat to health and
   46  human safety.
   47         (c)The resident lives in the temporary structure.
   48         Section 3. Subsection (4) is added to section 189.0695,
   49  Florida Statutes, to read:
   50         189.0695 Independent special districts; performance
   51  reviews.—
   52         (4)Notwithstanding the timeframe specified in paragraph
   53  (2)(c), an independent special fire control district may file
   54  its final report of the performance review no later than 15
   55  months from the beginning of the district’s fiscal year if the
   56  special district is within an area for which a state of
   57  emergency for a natural disaster was declared pursuant to s.
   58  252.36 or no later than 24 months from the beginning of the
   59  district’s fiscal year if the special district is within an area
   60  for which a state of emergency was declared pursuant to s.
   61  252.36 for a hurricane rated category 3 or higher. This
   62  subsection applies retroactively to the final reports required
   63  to have been conducted by October 1, 2022.
   64         Section 4. Effective upon becoming a law, paragraphs (bb)
   65  and (cc) are added to subsection (2) of section 252.35, Florida
   66  Statutes, to read:
   67         252.35 Emergency management powers; Division of Emergency
   68  Management.—
   69         (2) The division is responsible for carrying out the
   70  provisions of ss. 252.31-252.90. In performing its duties, the
   71  division shall:
   72         (bb) Post on its website a model of a local government
   73  contract for debris removal to be used by political
   74  subdivisions. The initial model contract must be posted to the
   75  website no later than June 1, 2023, and, thereafter, the model
   76  contract must be annually updated and posted to the website no
   77  later than June 1.
   78         (cc) Prioritize technical assistance and training to
   79  fiscally constrained counties as defined in s. 218.67 on aspects
   80  of safety measures, preparedness, prevention, response,
   81  recovery, and mitigation relating to natural disasters and
   82  emergencies.
   83         Section 5. Paragraph (a) of subsection (1) of section
   84  252.363, Florida Statutes, is amended to read:
   85         252.363 Tolling and extension of permits and other
   86  authorizations.—
   87         (1)(a) The declaration of a state of emergency issued by
   88  the Governor for a natural emergency tolls the period remaining
   89  to exercise the rights under a permit or other authorization for
   90  the duration of the emergency declaration. Further, the
   91  emergency declaration extends the period remaining to exercise
   92  the rights under a permit or other authorization for 24 6 months
   93  in addition to the tolled period. The extended period to
   94  exercise the rights under a permit or other authorization may
   95  not exceed 48 months in total in the event of multiple natural
   96  emergencies for which the Governor declares a state of
   97  emergency. This paragraph applies to the following:
   98         1. The expiration of a development order issued by a local
   99  government.
  100         2. The expiration of a building permit.
  101         3. The expiration of a permit issued by the Department of
  102  Environmental Protection or a water management district pursuant
  103  to part IV of chapter 373.
  104         4. Permits issued by the Department of Environmental
  105  Protection or a water management district pursuant to part II of
  106  chapter 373 for land subject to a development agreement under
  107  ss. 163.3220-163.3243 in which the permittee and the developer
  108  are the same or a related entity.
  109         5. The buildout date of a development of regional impact,
  110  including any extension of a buildout date that was previously
  111  granted as specified in s. 380.06(7)(c).
  112         6. The expiration of a development permit or development
  113  agreement authorized by Florida Statutes, including those
  114  authorized under the Florida Local Government Development
  115  Agreement Act, or issued by a local government or other
  116  governmental agency.
  117         Section 6. Section 252.391, Florida Statutes, is created to
  118  read:
  119         252.391 Emergency financial plans.—
  120         (1) As used in this section, the term “local governmental
  121  entity” means a county, municipality, or district school board.
  122         (2) Each local governmental entity is encouraged to develop
  123  an emergency financial plan for major natural disasters that may
  124  impact its jurisdiction. Disasters include, but are not limited
  125  to, hurricanes, tornadoes, floods, and wildfires.
  126         (3) Each emergency financial plan should be based on the
  127  likely frequency of the disaster’s occurrence. The financial
  128  plan should include a calculation of the costs for the natural
  129  disaster event and a determination of the financial resources
  130  available to the local governmental entity. If insufficient
  131  funds are available to address the disaster event, the emergency
  132  financial plan should identify strategies to close the gap
  133  between the disaster event costs and the local governmental
  134  entity’s financial capacity. Such strategies may include rainy
  135  day funds, reprioritizing its annual budget, and borrowing.
  136         (4) Local governmental entities should annually review
  137  their emergency financial plans to address changes in
  138  conditions.
  139         Section 7. Subsections (3) and (4) are added to section
  140  252.40, Florida Statutes, to read:
  141         252.40 Mutual aid arrangements.—
  142         (3) Local governments may create inspection teams to review
  143  and approve expedited permits for temporary housing solutions,
  144  repairs, and renovations after a natural disaster. Local
  145  governments are encouraged to establish interlocal agreements
  146  with other jurisdictions to provide additional inspection
  147  services during a state of emergency.
  148         (4) Municipalities and counties are encouraged to develop
  149  and adopt plans to provide temporary accommodations for
  150  contractors, utility workers, first responders, and others
  151  dispatched to aid in hurricane recovery efforts. Public areas,
  152  including, but not limited to, fairgrounds and parking lots, may
  153  be used for tents and trailers for such temporary
  154  accommodations.
  155         Section 8. Effective upon becoming a law, paragraph (g) of
  156  subsection (2) of section 287.055, Florida Statutes, is amended
  157  to read:
  158         287.055 Acquisition of professional architectural,
  159  engineering, landscape architectural, or surveying and mapping
  160  services; definitions; procedures; contingent fees prohibited;
  161  penalties.—
  162         (2) DEFINITIONS.—For purposes of this section:
  163         (g) A “continuing contract” is a contract for professional
  164  services entered into in accordance with all the procedures of
  165  this act between an agency and a firm whereby the firm provides
  166  professional services to the agency for projects in which the
  167  estimated construction cost of each individual project under the
  168  contract does not exceed $4 million, for study activity if the
  169  fee for professional services for each individual study under
  170  the contract does not exceed $500,000, or for work of a
  171  specified nature as outlined in the contract required by the
  172  agency, with the contract being for a fixed term or with no time
  173  limitation except that the contract must provide a termination
  174  clause. Firms providing professional services under continuing
  175  contracts shall not be required to bid against one another. The
  176  term “continuing contract” includes contracts executed through
  177  June 30, 2025, for professional services to the agency for
  178  projects related to natural disaster response or relief in which
  179  the estimated construction cost for each individual project does
  180  not exceed $15 million.
  181         Section 9. The amendments made by this act to s.
  182  287.055(2)(g), Florida Statutes, expire on July 1, 2026, and the
  183  text of that paragraph shall revert to that in existence on the
  184  day before the date that this act became a law, except that any
  185  amendments to such text enacted other than by this act shall be
  186  preserved and continue to operate to the extent that such
  187  amendments are not dependent upon the portions of the text which
  188  expire pursuant to this section.
  189         Section 10. Section 288.066, Florida Statutes, as created
  190  by section 1 of chapter 2023-1, Laws of Florida, is amended to
  191  read:
  192         288.066 Local Government Emergency Revolving Bridge Loan
  193  Program.—
  194         (1) CREATION.—The Local Government Emergency Revolving
  195  Bridge Loan Program is created, subject to appropriation, within
  196  the department to provide financial assistance to local
  197  governments impacted by federally declared disasters Hurricane
  198  Ian or Hurricane Nicole. The purpose of the loan program is to
  199  assist these local governments in maintaining government
  200  operations by bridging the gap between the time that the
  201  declared disaster occurred and the time that additional funding
  202  sources or revenues are secured to provide them with financial
  203  assistance.
  204         (2) ELIGIBILITY.—To be eligible for a loan under the
  205  program, a local government must be a county or a municipality
  206  located in an area designated in a the Federal Emergency
  207  Management Agency disaster declaration declarations for
  208  Hurricane Ian or Hurricane Nicole. The local government must
  209  show that it may suffer or has suffered substantial loss of its
  210  tax or other revenues as a result of the disaster hurricane and
  211  demonstrate a need for financial assistance to enable it to
  212  continue to perform its governmental operations.
  213         (3) LOAN TERMS.—
  214         (a) The department may provide interest-free loans to
  215  eligible local governments through a promissory note or other
  216  form of written agreement evidencing an obligation to repay the
  217  borrowed funds to the department.
  218         (b) The amount of each loan must be based upon demonstrated
  219  need and must be disbursed to the local government in a lump
  220  sum.
  221         (c) The term of the loan is up to 1 year, unless otherwise
  222  extended by the department. However, the department may extend
  223  loan terms for up to 6 months based on the local government’s
  224  financial condition.
  225         (4)APPLICATION.—The department shall prescribe a loan
  226  application and any other information determined necessary by
  227  the department to review and evaluate the application. The
  228  eligible local government must submit a loan application within
  229  the 12 months after the date that the federal disaster was
  230  declared. Upon receipt of an application, the department shall
  231  review the application and may request additional information as
  232  necessary to complete the review and evaluation. The department
  233  shall determine the amount to be loaned, which may be a lower
  234  amount than requested, based on the information provided and the
  235  total amount of funds available to be loaned and in relation to
  236  demonstrated need from other eligible applicants. The department
  237  may deny a loan application. Reasons for a loan application
  238  denial may include, but are not limited to, the loan risk, an
  239  incomplete application, failure to demonstrate need, or the fact
  240  that receiving a loan may negatively affect the local
  241  government’s eligibility for other federal programs.
  242         (5)(4) USE OF LOAN FUNDS.—A local government may use loan
  243  funds only to continue local governmental operations or to
  244  expand or modify such operations to meet disaster-related needs.
  245  The funds may not be used to finance or supplant funding for
  246  capital improvements or to repair or restore damaged public
  247  facilities or infrastructure.
  248         (6)(5) LOAN REPAYMENT.—
  249         (a) The local government may make payments against the loan
  250  at any time without penalty. Early repayment is encouraged as
  251  other funding sources or revenues become available to the local
  252  government.
  253         (b) Loans become due and payable in accordance with the
  254  terms of the agreement.
  255         (7)(6) ADMINISTRATION.—
  256         (a) Upon the issuance of a federal disaster declaration,
  257  the department shall provide notice of application requirements
  258  and the total amount of funds available and make loan
  259  information available to eligible local governments. Based upon
  260  the amount of funds in the Economic Development Trust Fund
  261  available to be loaned and anticipated balances, the department
  262  may make funds available in an amount reasonably related to the
  263  anticipated need, based upon the impacts of the federal
  264  disaster, up to the total amount available The department may
  265  approve loans in the 2022-2023 fiscal year or the 2023-2024
  266  fiscal year up to the total amount appropriated.
  267         (b) The department must coordinate with the Division of
  268  Emergency Management or other applicable state agencies to
  269  assess whether such loans would affect reimbursement under
  270  federal programs for disaster-related expenses.
  271         (c) All repayments of principal and interest shall be
  272  returned to the loan fund and made available as provided in this
  273  section. Notwithstanding s. 216.301, funds appropriated for this
  274  program are not subject to reversion Upon receipt of any loan
  275  payment from a local government, the department shall transfer
  276  the funds to the General Revenue Fund.
  277         (8)(7) RULES.—The department may adopt rules to implement
  278  this section.
  279         (9)(8) EXPIRATION.—This section expires July 1, 2038 June
  280  30, 2027. A loan may not be awarded after June 30, 2038. Upon
  281  expiration, all unencumbered funds and loan repayments made on
  282  or after July 1, 2038, shall be transferred revert to the
  283  General Revenue Fund.
  284         Section 11. Effective upon becoming a law, subsection (5)
  285  is added to section 489.117, Florida Statutes, to read:
  286         489.117 Registration; specialty contractors.—
  287         (5) Notwithstanding paragraph (1)(b), a registered
  288  contractor may engage in contracting only for work covered by
  289  the registration within an area for which a state of emergency
  290  is declared pursuant to s. 252.36 for a natural emergency. This
  291  authorization terminates 24 months after the expiration of the
  292  declared state of emergency. The local jurisdiction that
  293  licenses the registered contractor may discipline the registered
  294  contractor for violations occurring outside the licensing
  295  jurisdiction which occur during the period such work is
  296  authorized under this subsection.
  297         Section 12. Section 553.7922, Florida Statutes, is created
  298  to read:
  299         553.7922Local government-expedited approval of certain
  300  permits.—Following a state of emergency declared pursuant to
  301  252.36 for a natural emergency, local governments impacted by
  302  the emergency shall approve special processing procedures to
  303  expedite permit issuance for permits that do not require
  304  technical review, including, but not limited to, roof repairs,
  305  reroofing, electrical repairs, service changes, or the
  306  replacement of one window or one door. Local governments may
  307  waive application and inspection fees for permits expedited
  308  under this section.
  309         Section 13. Effective upon becoming a law, present
  310  subsections (8) and (9) of section 553.80, Florida Statutes, are
  311  redesignated as subsections (9) and (10), respectively, and a
  312  new subsection (8) is added to that section, to read:
  313         553.80 Enforcement.—
  314         (8) Effective January 1, 2023, local governments located in
  315  areas designated in the Federal Emergency Management Agency
  316  disaster declarations for Hurricane Ian or Hurricane Nicole may
  317  not raise building inspection fees, as authorized by s.
  318  125.56(2) or s. 166.222 and this section, before October 1,
  319  2024. This subsection expires June 30, 2025.
  320         Section 14. A county or municipality located in an area
  321  designated in a Federal Emergency Management Agency disaster
  322  declaration for Hurricane Ian or Hurricane Nicole shall not
  323  adopt more restrictive or burdensome procedures to its
  324  comprehensive plan or land development regulations, concerning
  325  review, approval, or issuance of a site plan, development permit
  326  or development order, to the extent those terms are defined by
  327  s. 163.3164, Florida Statutes, or propose any such adoption or
  328  amendment before October 1, 2024. This subsection applies
  329  retroactively to September 29, 2022.
  330         (2)Any comprehensive plan amendment, land development
  331  regulation, site plan, development permit, or development order
  332  approved by
  333  
  334  ================= T I T L E  A M E N D M E N T ================
  335  And the title is amended as follows:
  336         Delete lines 67 - 77
  337  and insert:
  338         governments impacted by certain emergencies to approve
  339         special processing procedures to expedite certain
  340         permits; amending s. 553.80, F.S.; prohibiting certain
  341         local governments from raising building inspection
  342         fees during a certain timeframe; providing for future
  343         expiration; prohibiting counties and municipalities
  344         located in areas included in certain federal disaster
  345         declarations from adopting or amending certain
  346         procedures for a specified period; providing for
  347         retroactive application; providing that certain
  348         comprehensive plan amendments, land development
  349         regulations, site plans, and development permits or