Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 250
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .                                
             04/03/2023 02:08 PM       .                                

       Senator Martin moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 330 - 470
    4  and insert:
    5         (c) The term of the loan is up to 24 months 1 year, unless
    6  otherwise extended by the department. However, the department
    7  may extend loan terms for up to 6 months based on the local
    8  government’s financial condition.
    9         (4)APPLICATION.—The department shall prescribe a loan
   10  application and may request any other information determined
   11  necessary by the department to review and evaluate the
   12  application. The eligible local government must submit a loan
   13  application within the 12 months after the date that the federal
   14  disaster was declared. Upon receipt of an application, the
   15  department shall review the application and may request
   16  additional information as necessary to complete the review and
   17  evaluation. If the loan application is approved, the department
   18  shall determine the amount to be loaned, which may be a lower
   19  amount than requested, based on the information provided and the
   20  total amount of funds available to be loaned and in relation to
   21  demonstrated need from other eligible applicants. If the loan
   22  application is denied, reasons for the denial may include, but
   23  are not limited to, the loan risk, an incomplete application,
   24  failure to demonstrate need, or the fact that receiving a loan
   25  may negatively affect the local government’s eligibility for
   26  other federal programs.
   27         (5)(4) USE OF LOAN FUNDS.—A local government may use loan
   28  funds only to continue local governmental operations or to
   29  expand or modify such operations to meet disaster-related needs.
   30  The funds may not be used to finance or supplant funding for
   31  capital improvements or to repair or restore damaged public
   32  facilities or infrastructure.
   33         (6)(5) LOAN REPAYMENT.—
   34         (a) The local government may make payments against the loan
   35  at any time without penalty. Early repayment is encouraged as
   36  other funding sources or revenues become available to the local
   37  government.
   38         (b) Loans become due and payable in accordance with the
   39  terms of the agreement.
   40         (7)(6) ADMINISTRATION.—
   41         (a) Upon the issuance of a federal disaster declaration,
   42  the department shall provide notice of application requirements
   43  and the total amount of funds available and shall make loan
   44  information available to eligible local governments. Based upon
   45  the amount of funds in the Economic Development Trust Fund
   46  available to be loaned and anticipated balances, the department
   47  may make funds available in an amount reasonably related to the
   48  anticipated need, based upon the impacts of the federal
   49  disaster, up to the total amount available The department may
   50  approve loans in the 2022-2023 fiscal year or the 2023-2024
   51  fiscal year up to the total amount appropriated.
   52         (b) The department must coordinate with the Division of
   53  Emergency Management or other applicable state agencies to
   54  assess whether such loans would affect reimbursement under
   55  federal programs for disaster-related expenses.
   56         (c) All repayments of principal and interest must be
   57  returned to the loan fund and made available as provided in this
   58  section. Notwithstanding s. 216.301, funds appropriated for this
   59  program are not subject to reversion Upon receipt of any loan
   60  payment from a local government, the department shall transfer
   61  the funds to the General Revenue Fund.
   62         (8)(7) RULES.—The department may adopt rules to implement
   63  this section.
   64         (9)(8) EXPIRATION.—This section expires July 1, 2038 June
   65  30, 2027. A loan may not be awarded after June 30, 2038. Upon
   66  expiration, all unencumbered funds and loan repayments made on
   67  or after July 1, 2038, must be transferred revert to the General
   68  Revenue Fund.
   69         Section 11. Effective upon becoming a law, subsection (5)
   70  is added to section 489.117, Florida Statutes, to read:
   71         489.117 Registration; specialty contractors.—
   72         (5) Notwithstanding paragraph (1)(b), a registered
   73  contractor may engage in contracting only for work covered by
   74  the registration within an area for which a state of emergency
   75  is declared pursuant to s. 252.36 for a natural emergency. This
   76  authorization terminates 24 months after the expiration of the
   77  declared state of emergency. The local jurisdiction that
   78  licenses the registered contractor may discipline the registered
   79  contractor for violations occurring outside the licensing
   80  jurisdiction which occur during the period such work is
   81  authorized under this subsection.
   82         Section 12. Section 553.7922, Florida Statutes, is created
   83  to read:
   84         553.7922Local government-expedited approval of certain
   85  permits.—Following a state of emergency declared pursuant to s.
   86  252.36 for a natural emergency, local governments impacted by
   87  the emergency shall approve special processing procedures to
   88  expedite permit issuance for permits that do not require
   89  technical review, including, but not limited to, roof repairs,
   90  reroofing, electrical repairs, service changes, or the
   91  replacement of one window or one door. Local governments may
   92  waive application and inspection fees for permits expedited
   93  under this section.
   94         Section 13. Effective upon becoming a law, present
   95  subsections (8) and (9) of section 553.80, Florida Statutes, are
   96  redesignated as subsections (9) and (10), respectively, and a
   97  new subsection (8) is added to that section, to read:
   98         553.80 Enforcement.—
   99         (8) Effective January 1, 2023, local governments located in
  100  areas designated in the Federal Emergency Management Agency
  101  disaster declarations for Hurricane Ian or Hurricane Nicole may
  102  not raise building inspection fees, as authorized by s.
  103  125.56(2) or s. 166.222 and this section, before October 1,
  104  2024. This subsection expires June 30, 2025.
  105         Section 14. (1) A county or municipality located entirely
  106  or partially within 100 miles of where either Hurricane Ian or
  107  Hurricane Nicole made landfall shall not propose or adopt more
  108  restrictive or burdensome amendments to its comprehensive plan
  109  or land development regulations, nor propose or adopt more
  110  restrictive or burdensome procedures concerning review,
  111  approval, or issuance of a site plan, development permit, or
  112  development order, to the extent that those terms are defined by
  113  s. 163.3164, Florida Statutes, before October 1, 2024, and any
  114  such restrictive or burdensome comprehensive plan amendment,
  115  land development regulation, or procedure shall be null and void
  116  ab initio. This subsection applies retroactively to September
  117  29, 2022.
  118         (2)Notwithstanding subsection (1), any comprehensive plan
  119  amendment, land development regulation amendment, site plan,
  120  development permit, or development order approved or adopted by
  121  a county or municipality before or after the effective date of
  122  this section may be enforced if:
  123         (a) The associated application is initiated by a private
  124  party other than the county or municipality; and
  125         (b) The property that is the subject of the application is
  126  owned by the initiating private party.
  127         (3) This section shall take effect upon becoming a law and
  128  expires June 30, 2025.
  130  ================= T I T L E  A M E N D M E N T ================
  131  And the title is amended as follows:
  132         Delete lines 72 - 87
  133  and insert:
  134         municipalities located within a certain area from
  135         adopting or amending certain amendments or procedures
  136         for a specified period; declaring that such amendments
  137         or procedures are null and void; providing for
  138         retroactive application; providing that certain
  139         comprehensive plan amendments, land development
  140         regulations, site plans, and development permits or
  141         orders may be enforced; providing for expiration;
  142         amending s. 823.11, F.S.; authorizing