Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 250
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/23/2023           .                                

       The Committee on Fiscal Policy (Martin) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 156 - 447
    4  and insert:
    5         Section 4. Effective upon becoming a law, paragraphs (bb),
    6  (cc), and (dd) are added to subsection (2) of section 252.35,
    7  Florida Statutes, to read:
    8         252.35 Emergency management powers; Division of Emergency
    9  Management.—
   10         (2) The division is responsible for carrying out the
   11  provisions of ss. 252.31-252.90. In performing its duties, the
   12  division shall:
   13         (bb) Post on its website a model of a local government
   14  contract for debris removal to be used by political
   15  subdivisions. The initial model contract must be posted to the
   16  website no later than June 1, 2023, and, thereafter, the model
   17  contract must be annually updated and posted to the website no
   18  later than June 1.
   19         (cc) Prioritize technical assistance and training to
   20  fiscally constrained counties as defined in s. 218.67 on aspects
   21  of safety measures, preparedness, prevention, response,
   22  recovery, and mitigation relating to natural disasters and
   23  emergencies.
   24         (dd) Administer a revolving loan program for local
   25  government hazard mitigation projects.
   26         Section 5. Paragraph (a) of subsection (1) of section
   27  252.363, Florida Statutes, is amended to read:
   28         252.363 Tolling and extension of permits and other
   29  authorizations.—
   30         (1)(a) The declaration of a state of emergency issued by
   31  the Governor for a natural emergency tolls the period remaining
   32  to exercise the rights under a permit or other authorization for
   33  the duration of the emergency declaration. Further, the
   34  emergency declaration extends the period remaining to exercise
   35  the rights under a permit or other authorization for 24 6 months
   36  in addition to the tolled period. The extended period to
   37  exercise the rights under a permit or other authorization may
   38  not exceed 48 months in total in the event of multiple natural
   39  emergencies for which the Governor declares a state of
   40  emergency. This paragraph applies to the following:
   41         1. The expiration of a development order issued by a local
   42  government.
   43         2. The expiration of a building permit.
   44         3. The expiration of a permit issued by the Department of
   45  Environmental Protection or a water management district pursuant
   46  to part IV of chapter 373.
   47         4. Permits issued by the Department of Environmental
   48  Protection or a water management district pursuant to part II of
   49  chapter 373 for land subject to a development agreement under
   50  ss. 163.3220-163.3243 in which the permittee and the developer
   51  are the same or a related entity.
   52         5. The buildout date of a development of regional impact,
   53  including any extension of a buildout date that was previously
   54  granted as specified in s. 380.06(7)(c).
   55         6. The expiration of a development permit or development
   56  agreement authorized by Florida Statutes, including those
   57  authorized under the Florida Local Government Development
   58  Agreement Act, or issued by a local government or other
   59  governmental agency.
   60         Section 6. Section 252.391, Florida Statutes, is created to
   61  read:
   62         252.391 Emergency financial plans.—
   63         (1) As used in this section, the term “local governmental
   64  entity” means a county, municipality, or district school board.
   65         (2) Each local governmental entity is encouraged to develop
   66  an emergency financial plan for major natural disasters that may
   67  impact its jurisdiction. Disasters include, but are not limited
   68  to, hurricanes, tornadoes, floods, and wildfires.
   69         (3) Each emergency financial plan should be based on the
   70  likely frequency of the disaster’s occurrence. The financial
   71  plan should include a calculation of the costs for the natural
   72  disaster event and a determination of the financial resources
   73  available to the local governmental entity. If insufficient
   74  funds are available to address the disaster event, the emergency
   75  financial plan should identify strategies to close the gap
   76  between the disaster event costs and the local governmental
   77  entity’s financial capacity. Such strategies may include rainy
   78  day funds, reprioritizing its annual budget, and borrowing.
   79         (4) Local governmental entities should annually review
   80  their emergency financial plans to address changes in
   81  conditions.
   82         Section 7. Subsections (3) and (4) are added to section
   83  252.40, Florida Statutes, to read:
   84         252.40 Mutual aid arrangements.—
   85         (3) Local governments may create inspection teams to review
   86  and approve expedited permits for temporary housing solutions,
   87  repairs, and renovations after a natural disaster. Local
   88  governments are encouraged to establish interlocal agreements
   89  with other jurisdictions to provide additional inspection
   90  services during a state of emergency.
   91         (4) Municipalities and counties are encouraged to develop
   92  and adopt plans to provide temporary accommodations for
   93  contractors, utility workers, first responders, and others
   94  dispatched to aid in hurricane recovery efforts. Public areas,
   95  including, but not limited to, fairgrounds and parking lots, may
   96  be used for tents and trailers for such temporary
   97  accommodations.
   98         Section 8. Effective upon becoming a law, paragraph (g) of
   99  subsection (2) of section 287.055, Florida Statutes, is amended
  100  to read:
  101         287.055 Acquisition of professional architectural,
  102  engineering, landscape architectural, or surveying and mapping
  103  services; definitions; procedures; contingent fees prohibited;
  104  penalties.—
  105         (2) DEFINITIONS.—For purposes of this section:
  106         (g) A “continuing contract” is a contract for professional
  107  services entered into in accordance with all the procedures of
  108  this act between an agency and a firm whereby the firm provides
  109  professional services to the agency for projects in which the
  110  estimated construction cost of each individual project under the
  111  contract does not exceed $4 million, for study activity if the
  112  fee for professional services for each individual study under
  113  the contract does not exceed $500,000, or for work of a
  114  specified nature as outlined in the contract required by the
  115  agency, with the contract being for a fixed term or with no time
  116  limitation except that the contract must provide a termination
  117  clause. Firms providing professional services under continuing
  118  contracts shall not be required to bid against one another. The
  119  term “continuing contract” includes contracts executed through
  120  December 31, 2023, for professional services to the agency for
  121  projects related to repairs and remediation to a specific site
  122  due to damage caused by Hurricane Ian in which the estimated
  123  construction cost for each individual project does not exceed
  124  $15 million.
  125         Section 9. The amendments made by this act to s.
  126  287.055(2)(g), Florida Statutes, expire on July 1, 2026, and the
  127  text of that paragraph shall revert to that in existence on the
  128  day before the date that this act became a law, except that any
  129  amendments to such text enacted other than by this act shall be
  130  preserved and continue to operate to the extent that such
  131  amendments are not dependent upon the portions of the text which
  132  expire pursuant to this section.
  133         Section 10. Section 288.066, Florida Statutes, as created
  134  by section 1 of chapter 2023-1, Laws of Florida, is amended to
  135  read:
  136         288.066 Local Government Emergency Revolving Bridge Loan
  137  Program.—
  138         (1) CREATION.—The Local Government Emergency Revolving
  139  Bridge Loan Program is created, subject to appropriation, within
  140  the department to provide financial assistance to local
  141  governments impacted by federally declared disasters Hurricane
  142  Ian or Hurricane Nicole. The purpose of the loan program is to
  143  assist these local governments in maintaining government
  144  operations by bridging the gap between the time that the
  145  declared disaster occurred and the time that additional funding
  146  sources or revenues are secured to provide them with financial
  147  assistance.
  148         (2) ELIGIBILITY.—To be eligible for a loan under the
  149  program, a local government must be a county or a municipality
  150  located in an area designated in a the Federal Emergency
  151  Management Agency disaster declaration declarations for
  152  Hurricane Ian or Hurricane Nicole. The local government must
  153  show that it may suffer or has suffered substantial loss of its
  154  tax or other revenues as a result of the disaster hurricane and
  155  demonstrate a need for financial assistance to enable it to
  156  continue to perform its governmental operations. Access to and
  157  eligibility for the loan program supersedes any local government
  158  charter or borrowing limitations that would otherwise
  159  financially constrain the local government’s ability to recover
  160  from a disaster.
  161         (3) LOAN TERMS.—
  162         (a) The department may provide interest-free loans to
  163  eligible local governments through a promissory note or other
  164  form of written agreement evidencing an obligation to repay the
  165  borrowed funds to the department.
  166         (b) The amount of each loan must be based upon demonstrated
  167  need and must be disbursed to the local government in a lump
  168  sum.
  169         (c) The term of the loan is up to 1 year, unless otherwise
  170  extended by the department. However, the department may extend
  171  loan terms for up to 6 months based on the local government’s
  172  financial condition.
  173         (4)APPLICATION.—The department shall prescribe a loan
  174  application and any other information determined necessary by
  175  the department to review and evaluate the application. The
  176  eligible local government must submit a loan application within
  177  the 12 months after the date that the federal disaster was
  178  declared. Upon receipt of an application, the department shall
  179  review the application and may request additional information as
  180  necessary to complete the review and evaluation. The department
  181  shall determine the amount to be loaned, which may be a lower
  182  amount than requested, based on the information provided and the
  183  total amount of funds available to be loaned and in relation to
  184  demonstrated need from other eligible applicants. The department
  185  may deny a loan application. Reasons for a loan application
  186  denial may include, but are not limited to, the loan risk, an
  187  incomplete application, failure to demonstrate need, or the fact
  188  that receiving a loan may negatively affect the local
  189  government’s eligibility for other federal programs.
  190         (5)(4) USE OF LOAN FUNDS.—A local government may use loan
  191  funds only to continue local governmental operations or to
  192  expand or modify such operations to meet disaster-related needs.
  193  The funds may not be used to finance or supplant funding for
  194  capital improvements or to repair or restore damaged public
  195  facilities or infrastructure.
  196         (6)(5) LOAN REPAYMENT.—
  197         (a) The local government may make payments against the loan
  198  at any time without penalty. Early repayment is encouraged as
  199  other funding sources or revenues become available to the local
  200  government.
  201         (b) Loans become due and payable in accordance with the
  202  terms of the agreement.
  203         (7)(6) ADMINISTRATION.—
  204         (a) Upon the issuance of a federal disaster declaration,
  205  the department shall provide notice of application requirements
  206  and the total amount of funds available and make loan
  207  information available to eligible local governments. Based upon
  208  the amount of funds in the Economic Development Trust Fund
  209  available to be loaned and anticipated balances, the department
  210  may make funds available in an amount reasonably related to the
  211  anticipated need, based upon the impacts of the federal
  212  disaster, up to the total amount available The department may
  213  approve loans in the 2022-2023 fiscal year or the 2023-2024
  214  fiscal year up to the total amount appropriated.
  215         (b) The department must coordinate with the Division of
  216  Emergency Management or other applicable state agencies to
  217  assess whether such loans would affect reimbursement under
  218  federal programs for disaster-related expenses.
  219         (c) All repayments of principal and interest shall be
  220  returned to the loan fund and made available as provided in this
  221  section. Notwithstanding s. 216.301, funds appropriated for this
  222  program are not subject to reversion Upon receipt of any loan
  223  payment from a local government, the department shall transfer
  224  the funds to the General Revenue Fund.
  225         (8)(7) RULES.—The department may adopt rules to implement
  226  this section.
  227         (9)(8) EXPIRATION.—This section expires July 1, 2038 June
  228  30, 2027. A loan may not be awarded after June 30, 2038. Upon
  229  expiration, all unencumbered funds and loan repayments made on
  230  or after July 1, 2038, shall be transferred revert to the
  231  General Revenue Fund.
  232         Section 11. Effective upon becoming a law, subsection (5)
  233  is added to section 489.117, Florida Statutes, to read:
  234         489.117 Registration; specialty contractors.—
  235         (5) Notwithstanding paragraph (1)(b), a registered
  236  contractor may engage in contracting only for work covered by
  237  the registration within an area for which a state of emergency
  238  is declared pursuant to s. 252.36 for a natural emergency. This
  239  authorization terminates 24 months after the expiration of the
  240  declared state of emergency. The local jurisdiction that
  241  licenses the registered contractor may discipline the registered
  242  contractor for violations occurring outside the licensing
  243  jurisdiction which occur during the period such work is
  244  authorized under this subsection.
  245         Section 12. Section 553.7922, Florida Statutes, is created
  246  to read:
  247         553.7922Local government-expedited approval of certain
  248  permits.—Following a state of emergency declared pursuant to
  249  252.36 for a natural emergency, local governments impacted by
  250  the emergency shall approve special processing procedures to
  251  expedite permit issuance for permits that do not require
  252  technical review, including, but not limited to, roof repairs,
  253  reroofing, electrical repairs, service changes, or the
  254  replacement of one window or one door. Local governments may
  255  waive application and inspection fees for permits expedited
  256  under this section.
  257         Section 13. Effective upon becoming a law, present
  258  subsections (8) and (9) of section 553.80, Florida Statutes, are
  259  redesignated as subsections (9) and (10), respectively, and a
  260  new subsection (8) is added to that section, to read:
  261         553.80 Enforcement.—
  262         (8) Effective January 1, 2023, local governments located in
  263  areas designated in the Federal Emergency Management Agency
  264  disaster declarations for Hurricane Ian or Hurricane Nicole may
  265  not raise building inspection fees, as authorized by s.
  266  125.56(2) or s. 166.222 and this section, before October 1,
  267  2024. This subsection expires June 30, 2025.
  268         Section 14. A county or municipality located in an area
  269  designated in a Federal Emergency Management Agency disaster
  270  declaration for Hurricane Ian or Hurricane Nicole shall not
  271  propose or adopt more restrictive or burdensome procedures to
  272  its comprehensive plan or land development regulations,
  273  concerning review, approval, or issuance of a site plan,
  274  development permit or development order, to the extent those
  275  terms are defined by s. 163.3164, Florida Statutes, before
  276  October 1, 2024. This subsection applies retroactively to
  277  September 29, 2022.
  278         (2)Any comprehensive plan amendment, land development
  279  regulation, site plan, development permit, or development order
  280  approved by a county or municipality under procedures adopted
  281  before the effective date of this act may be enforced.
  282         (3) This section shall take effect upon becoming a law and
  283  expires June 30, 2025.
  284         Section 15. Section 627.4108, Florida Statutes, is created
  285  to read:
  286         627.4108 Submission of claims handling manuals;
  287  attestation.—
  288         (1) This section is intended to ensure that property
  289  insurers are able to properly handle insurance claims during
  290  natural disasters, catastrophes, and other emergencies.
  291         (2) Each authorized property insurer and eligible surplus
  292  lines property insurer conducting business in this state must
  293  submit any and all claims handling manuals to the office:
  294         (a) On or before August 1, 2023;
  295         (b) Annually thereafter, on or before May 1 of each
  296  calendar year; and
  297         (c) Within 30 days of any updates or amendments to such
  298  manual.
  299         (2) The insurer must include with each such submission an
  300  attestation on a form prescribed by the office stating that:
  301         (a) The insurer's claims handling manual complies with the
  302  requirements of this code and comports to usual and customary
  303  industry claims handling practices; and
  304         (b) The insurer maintains adequate resources available to
  305  implement the requirements of its claims handling manual at all
  306  times, including during extreme catastrophic events.
  307         (3) The office may, as often as it deems necessary, conduct
  308  market conduct examinations under s. 624.3161 of insurers to
  309  ensure compliance with this section.
  310         Section 16. Paragraph (d) is added to subsection (2) of
  311  section 823.11, Florida Statutes, to read:
  312         823.11 Derelict vessels; relocation or removal; penalty.—
  313         (2)
  314         (d)Notwithstanding the additional 45 days provided in sub
  315  subparagraph (b)2.b. during which an owner or a responsible
  316  party may not be charged for a violation of this section, the
  317  commission, an officer of the commission, a law enforcement
  318  agency or officer specified in s. 327.70, or, during a state of
  319  emergency declared by the Governor, the Division of Emergency
  320  Management or its designee, may immediately begin the process
  321  set forth in s. 705.103(2)(a) and, once that process has been
  322  completed and the 45 days provided herein have passed, any
  323  vessel that has not been removed or repaired such that it is no
  324  longer derelict upon the waters of this state may be removed and
  325  destroyed as provided therein.
  326         Section 17. For the 2023-2024 fiscal year, the sums of
  327  $1,000,000 in nonrecurring funds from the General Revenue Fund
  328  and $10,000,000 in nonrecurring funds from the Federal Grants
  329  Trust Fund are appropriated to the Division of Emergency
  330  Management to fund the Safeguarding Tomorrow Through Ongoing
  331  Risk Mitigation Act Revolving Loan Program. These funds shall be
  332  placed in reserve. The division is authorized to submit a budget
  333  amendment for release of the funds held in reserve for approval
  334  by the Legislative Budget Commission pursuant to chapter 216,
  335  Florida Statutes. Release is contingent upon documentation of an
  336  award or other approval by the Federal Emergency Management
  337  Agency and the division’s approved intended use plan for the
  338  funds.
  339         Section 18. The sum of $971,331 in recurring funds and
  340  $37,456 in nonrecurring funds from the Insurance Regulatory
  341  Trust Fund and eight positions with associated salary rate of
  342  625,000 is appropriated to the Office of Insurance Regulation
  343  related to hurricane related market conduct activity.
  345  ================= T I T L E  A M E N D M E N T ================
  346  And the title is amended as follows:
  347         Delete lines 19 - 80
  348  and insert:
  349         counties; requiring the division administer a
  350         revolving loan fund for certain local government
  351         projects; amending s. 252.363, F.S.; increasing the
  352         timeframe to exercise rights under a permit or other
  353         authorization; limiting the timeframe to exercise
  354         rights under a permit or other authorization to a
  355         certain timeframe when multiple natural emergencies
  356         occur; creating s. 252.391, F.S.; defining the term
  357         “local governmental entity”; encouraging local
  358         governmental entities to develop an emergency
  359         financial plan for major disasters; providing the
  360         contents of the emergency financial plan; recommending
  361         annual review of the emergency financial plan;
  362         amending s. 252.40, F.S.; authorizing local
  363         governments to create inspection teams for the review
  364         and approval of certain expedited permits; encouraging
  365         local governments to establish certain interlocal
  366         agreements; encouraging local governments to develop
  367         plans related to temporary accommodations of certain
  368         individuals; amending s. 287.055, F.S.; revising the
  369         definition of the term “continuing contract”;
  370         providing for the future expiration and reversion of
  371         specified statutory text; amending s. 288.066, F.S.;
  372         creating the Local Government Emergency Revolving
  373         Bridge Loan Program within the Department of Economic
  374         Opportunity to provide certain financial assistance to
  375         local governments impacted by federally declared
  376         disasters; conforming provisions to changes made by
  377         the act; providing construction; authorizing the
  378         department to provide interest-free loans to eligible
  379         local governments through specified means; requiring
  380         the department to prescribe a loan application;
  381         requiring the department to determine the loan amount
  382         based on certain factors; authorizing the department
  383         to deny a loan application and providing specified
  384         reasons for such denial; requiring the department to
  385         provide certain notice and make loan information
  386         available to eligible local governments; requiring
  387         loan repayments to be returned to the loan fund;
  388         providing that funds appropriated for the program are
  389         not subject to reversion; providing for expiration;
  390         amending s. 489.117, F.S.; authorizing a registered
  391         contractor to engage in contracting under certain
  392         circumstances; providing an expiration timeframe for
  393         such authorization; authorizing the local jurisdiction
  394         to discipline the registered contractor under certain
  395         circumstances; creating s. 553.7922, F.S.; requiring
  396         local governments impacted by certain emergencies to
  397         approve special processing procedures to expedite
  398         certain permits; amending s. 553.80, F.S.; prohibiting
  399         certain local governments from raising building
  400         inspection fees during a certain timeframe; providing
  401         for future expiration; prohibiting counties and
  402         municipalities located in areas included in certain
  403         federal disaster declarations from adopting or
  404         amending certain procedures for a specified period;
  405         providing for retroactive application; providing that
  406         certain comprehensive plan amendments, land
  407         development regulations, site plans, and development
  408         permits or orders may be enforced; providing for
  409         expiration; creating s. 627.4108, F.S.; requiring
  410         certain property insurers to submit any and all claims
  411         handling manuals to the Office of Insurance Regulation
  412         by a certain date and annually thereafter and within a
  413         certain timeframe of any updates to such manual;
  414         requiring the insurer to include a certain attestation
  415         on a form prescribed by the office; requiring the
  416         office to conduct market conduct exams as necessary;
  417         amending s. 823.11, F.S.; authorizing certain persons
  418         to engage in a process relating to the removal and
  419         destruction of derelict vessels; providing
  420         appropriations; providing for the transfer of