Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS/CS/SB 180, 1st Eng.
Ì617636=Î617636
LEGISLATIVE ACTION
Senate . House
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Floor: WD .
05/01/2025 11:26 AM .
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Senator DiCeglie moved the following:
1 Senate Amendment to House Amendment (392939) (with title
2 amendment)
3
4 Delete lines 59 - 1182
5 and insert:
6 Section 4. Paragraph (b) of subsection (4) of section
7 193.155, Florida Statutes, is amended to read:
8 193.155 Homestead assessments.—Homestead property shall be
9 assessed at just value as of January 1, 1994. Property receiving
10 the homestead exemption after January 1, 1994, shall be assessed
11 at just value as of January 1 of the year in which the property
12 receives the exemption unless the provisions of subsection (8)
13 apply.
14 (4)
15 (b)1. Changes, additions, or improvements that replace all
16 or a portion of homestead property, including ancillary
17 improvements, damaged or destroyed by misfortune or calamity
18 shall be assessed upon substantial completion as provided in
19 this paragraph. Such assessment must be calculated using the
20 homestead property’s assessed value as of the January 1
21 immediately before the date on which the damage or destruction
22 was sustained, subject to the assessment limitations in
23 subsections (1) and (2), when:
24 a. The square footage of the homestead property as changed
25 or improved does not exceed 110 percent of the square footage of
26 the homestead property before the damage or destruction; or
27 b. The total square footage of the homestead property as
28 changed or improved does not exceed 2,000 1,500 square feet.
29 2. The homestead property’s assessed value must be
30 increased by the just value of that portion of the changed or
31 improved homestead property which is in excess of 110 percent of
32 the square footage of the homestead property before the damage
33 or destruction or of that portion exceeding 2,000 1,500 square
34 feet.
35 3. Homestead property damaged or destroyed by misfortune or
36 calamity which, after being changed or improved, has a square
37 footage of less than 100 percent of the homestead property’s
38 total square footage before the damage or destruction shall be
39 assessed pursuant to subsection (5).
40 4. Changes, additions, or improvements assessed pursuant to
41 this paragraph must be reassessed pursuant to subsection (1) in
42 subsequent years. This paragraph applies to changes, additions,
43 or improvements commenced within 5 years after the January 1
44 following the damage or destruction of the homestead.
45 Section 5. Paragraph (b) of subsection (1) of section
46 215.559, Florida Statutes, is amended to read:
47 215.559 Hurricane Loss Mitigation Program.—A Hurricane Loss
48 Mitigation Program is established in the Division of Emergency
49 Management.
50 (1) The Legislature shall annually appropriate $10 million
51 of the moneys authorized for appropriation under s.
52 215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the
53 division for the purposes set forth in this section. Of the
54 amount:
55 (b) Three million dollars in funds shall be used to
56 construct or retrofit facilities used as public hurricane
57 shelters. Each year the division shall prioritize the use of
58 these funds for projects included in the annual report of the
59 Shelter Development Report prepared in accordance with s.
60 252.385(3). The division shall must give funding priority to
61 projects located in counties regional planning council regions
62 that have shelter deficits, projects that are publicly owned,
63 other than schools, and to projects that maximize the use of
64 state funds.
65 Section 6. Section 250.375, Florida Statutes, is amended to
66 read:
67 250.375 Medical officer authorization.—A servicemember
68 trained to provide medical care who is serving under the
69 direction of the Florida National Guard State Surgeon and is
70 assigned to a military duty position and authorized by the
71 Florida National Guard to provide medical care within the scope
72 of the servicemember’s professional licensure by virtue of such
73 duty position may provide such medical care to military
74 personnel and civilians within this state physician who holds an
75 active license to practice medicine in any state, a United
76 States territory, or the District of Columbia, while serving as
77 a medical officer with or in support of the Florida National
78 Guard, pursuant to federal or state orders, may practice
79 medicine on military personnel or civilians during an emergency
80 or declared disaster or during federal military training.
81 Section 7. Paragraphs (y) through (dd) of subsection (2) of
82 section 252.35, Florida Statutes, are redesignated as paragraphs
83 (x) through (cc), respectively, paragraphs (a), (c), and (n) and
84 present paragraph (x) of that subsection are amended, and a new
85 paragraph (dd) is added to that subsection, to read:
86 252.35 Emergency management powers; Division of Emergency
87 Management.—
88 (2) The division is responsible for carrying out the
89 provisions of ss. 252.31-252.90. In performing its duties, the
90 division shall:
91 (a) Prepare a state comprehensive emergency management
92 plan, which must shall be integrated into and coordinated with
93 the emergency management plans and programs of the Federal
94 Government. The division shall adopt the plan as a rule in
95 accordance with chapter 120. The plan must be implemented by a
96 continuous, integrated comprehensive emergency management
97 program. The plan must contain provisions to ensure that the
98 state is prepared for emergencies and minor, major, and
99 catastrophic disasters, and the division shall work closely with
100 local governments and agencies and organizations with emergency
101 management responsibilities in preparing and maintaining the
102 plan. The state comprehensive emergency management plan must be
103 operations oriented and:
104 1. Include an evacuation component that includes specific
105 regional and interregional planning provisions and promotes
106 intergovernmental coordination of evacuation activities. This
107 component must, at a minimum: contain guidelines for lifting
108 tolls on state highways; ensure coordination pertaining to
109 evacuees crossing county lines; set forth procedures for
110 directing people caught on evacuation routes to safe shelter;
111 establish strategies for ensuring sufficient, reasonably priced
112 fueling locations along evacuation routes; and establish
113 policies and strategies for emergency medical evacuations.
114 2. Include a shelter component that includes specific
115 regional and interregional planning provisions and promotes
116 coordination of shelter activities between the public, private,
117 and nonprofit sectors. This component must, at a minimum:
118 contain strategies to ensure the availability of adequate public
119 shelter space in each county region of the state; establish
120 strategies for refuge-of-last-resort programs; provide
121 strategies to assist local emergency management efforts to
122 ensure that adequate staffing plans exist for all shelters,
123 including medical and security personnel; provide for a
124 postdisaster communications system for public shelters;
125 establish model shelter guidelines for operations, registration,
126 inventory, power generation capability, information management,
127 and staffing; and set forth policy guidance for sheltering
128 people with special needs.
129 3. Include a postdisaster response and recovery component
130 that includes specific regional and interregional planning
131 provisions and promotes intergovernmental coordination of
132 postdisaster response and recovery activities. This component
133 must provide for postdisaster response and recovery strategies
134 according to whether a disaster is minor, major, or
135 catastrophic. The postdisaster response and recovery component
136 must, at a minimum: establish the structure of the state’s
137 postdisaster response and recovery organization; establish
138 procedures for activating the state’s plan; set forth policies
139 used to guide postdisaster response and recovery activities;
140 describe the chain of command during the postdisaster response
141 and recovery period; describe initial and continuous
142 postdisaster response and recovery actions; identify the roles
143 and responsibilities of each involved agency and organization;
144 provide for a comprehensive communications plan; establish
145 procedures for coordinating and monitoring statewide mutual aid
146 agreements reimbursable under federal public disaster assistance
147 programs; provide for rapid impact assessment teams; ensure the
148 availability of an effective statewide urban search and rescue
149 program coordinated with the fire services; ensure the existence
150 of a comprehensive statewide medical care and relief plan
151 administered by the Department of Health; and establish systems
152 for coordinating volunteers and accepting and distributing
153 donated funds and goods.
154 4. Include additional provisions addressing aspects of
155 preparedness, response, recovery, and mitigation as determined
156 necessary by the division.
157 5. Address the need for coordinated and expeditious
158 deployment of state resources, including the Florida National
159 Guard. In the case of an imminent major disaster, procedures
160 should address predeployment of the Florida National Guard, and,
161 in the case of an imminent catastrophic disaster, procedures
162 should address predeployment of the Florida National Guard and
163 the United States Armed Forces.
164 6. Establish a system of communications and warning to
165 ensure that the state’s population and emergency management
166 agencies are warned of developing emergency situations,
167 including public health emergencies, and can communicate
168 emergency response decisions.
169 7. Establish guidelines and schedules for annual exercises
170 that evaluate the ability of the state and its political
171 subdivisions to respond to minor, major, and catastrophic
172 disasters and support local emergency management agencies. Such
173 exercises shall be coordinated with local governments and, to
174 the extent possible, the Federal Government.
175 8. Assign lead and support responsibilities to state
176 agencies and personnel for emergency support functions and other
177 support activities.
178 9. Include the public health emergency plan developed by
179 the Department of Health pursuant to s. 381.00315.
180 10. Include an update on the status of the emergency
181 management capabilities of the state and its political
182 subdivisions. The update must include the emergency management
183 capabilities related to public health emergencies, as determined
184 in collaboration with the Department of Health.
185
186 The complete state comprehensive emergency management plan must
187 be submitted to the President of the Senate, the Speaker of the
188 House of Representatives, and the Governor on February 1 of
189 every even-numbered year.
190 (c) Assist political subdivisions in preparing and
191 maintaining emergency management plans. Such assistance must
192 include the development of a template for comprehensive
193 emergency management plans, including plans for natural
194 disasters, and guidance on the development of mutual aid
195 agreements.
196 (n) Implement training programs to maintain this state’s
197 status as a national leader in emergency management and improve
198 the ability of state and local emergency management personnel to
199 prepare and implement emergency management plans and programs.
200 This must shall include a continuous training program for
201 agencies and individuals who that will be called on to perform
202 key roles in state and local postdisaster response and recovery
203 efforts and for local government personnel on federal and state
204 postdisaster response and recovery strategies and procedures.
205 The division shall specify requirements for the minimum number
206 of training hours that county or municipal administrators,
207 county or city managers, county or municipal emergency
208 management directors, and county or municipal public works
209 directors or other officials responsible for the construction
210 and maintenance of public infrastructure must complete
211 biennially in addition to the training required pursuant to s.
212 252.38(1)(b). Such training may be provided by the division or,
213 for county personnel, by a foundation that is a not-for-profit
214 corporation under s. 501(c)(3) of the Internal Revenue Code and
215 has a governing board that includes in its membership county
216 commissioners and professional county staff. If training is
217 provided by a foundation, such training must be approved by the
218 division.
219 (x) Report biennially to the President of the Senate, the
220 Speaker of the House of Representatives, the Chief Justice of
221 the Supreme Court, and the Governor, no later than February 1 of
222 every odd-numbered year, the status of the emergency management
223 capabilities of the state and its political subdivisions. This
224 report must include the emergency management capabilities
225 related to public health emergencies, as determined in
226 collaboration with the Department of Health.
227 (dd) Conduct, by April 1 of each year, an annual hurricane
228 readiness session in each region designated by the division to
229 facilitate coordination between all emergency management
230 stakeholders. Each county emergency management director or his
231 or her designee shall, and other county and municipal personnel
232 may, attend the session for his or her region. A session must
233 include, but is not limited to, guidance on timelines for
234 preparation and response, information on state and federal
235 postdisaster resources and assistance, guidance to promote
236 efficient and expedited rebuilding of the community after a
237 hurricane, best practices for coordination and communication
238 among entities engaged in postdisaster response and recovery,
239 and discussion of any outstanding county or municipal
240 preparedness or readiness needs.
241 Section 8. Subsection (4) of section 252.355, Florida
242 Statutes, is renumbered as subsection (5), paragraph (b) of
243 subsection (2) is amended, and a new subsection (4) is added to
244 that section, to read:
245 252.355 Registry of persons with special needs; notice;
246 registration program.—
247 (2) In order to ensure that all persons with special needs
248 may register, the division shall develop and maintain a special
249 needs shelter registration program. During a public health
250 emergency in which physical distancing is necessary, as
251 determined by the State Health Officer, the division must
252 maintain information on special needs shelter options that
253 mitigate the threat of the spread of infectious diseases.
254 (b) To assist in identifying persons with special needs,
255 home health agencies, hospices, nurse registries, home medical
256 equipment providers, the Department of Veterans’ Affairs, the
257 Department of Children and Families, the Department of Health,
258 the Agency for Health Care Administration, the Department of
259 Education, the Agency for Persons with Disabilities, the
260 Department of Elderly Affairs, and memory disorder clinics
261 shall, and any physician licensed under chapter 458 or chapter
262 459 and any pharmacy licensed under chapter 465 may, annually
263 provide registration information to all of their special needs
264 clients or their caregivers. The Florida Housing Finance
265 Corporation shall enter into memoranda of understanding with the
266 Department of Elderly Affairs and with the Agency for Persons
267 with Disabilities to ensure special needs registration
268 information is provided to residents of low-income senior
269 independent living properties and independent living properties
270 for persons with intellectual or developmental disabilities
271 funded by the Florida Housing Finance Corporation, respectively.
272 The division shall develop a brochure that provides information
273 regarding special needs shelter registration procedures. The
274 brochure must be easily accessible on the division’s website.
275 All appropriate agencies and community-based service providers,
276 including aging and disability resource centers, memory disorder
277 clinics, home health care providers, hospices, nurse registries,
278 and home medical equipment providers, shall, and any physician
279 licensed under chapter 458 or chapter 459 may, assist emergency
280 management agencies by annually registering persons with special
281 needs for special needs shelters, collecting registration
282 information for persons with special needs as part of the
283 program intake process, and establishing programs to educate
284 clients about the registration process and disaster preparedness
285 safety procedures. A client of a state-funded or federally
286 funded service program who has a physical, mental, or cognitive
287 impairment or sensory disability and who needs assistance in
288 evacuating, or when in a shelter, must register as a person with
289 special needs. The registration program shall give persons with
290 special needs the option of preauthorizing emergency response
291 personnel to enter their homes during search and rescue
292 operations if necessary to ensure their safety and welfare
293 following disasters.
294 (4) The caregiver of a person with special needs who is
295 eligible for admission to a special needs shelter, and all
296 persons for whom he or she is the caregiver, shall be allowed to
297 shelter together in the special needs shelter. If a person with
298 special needs is responsible for the care of persons without
299 special needs, those persons shall be allowed to use the special
300 needs shelter with the person with special needs.
301 Section 9. Effective January 1, 2026, subsection (2) of
302 section 252.3611, Florida Statutes, is amended, and subsection
303 (5) is added to that section, to read:
304 252.3611 Transparency; audits.—
305 (2) If When the duration of a declaration of a state of an
306 emergency issued by the Governor exceeds 90 days:
307 (a)1. The Executive Office of the Governor or the
308 appropriate agency, within 72 hours after of executing a
309 contract executed with moneys authorized for expenditure to
310 support the response to the declared state of emergency, must
311 the Executive Office of the Governor or the appropriate agency
312 shall submit a copy of such contract to the Legislature. For
313 contracts executed during the first 90 days of the declared
314 state of emergency, the Executive Office of the Governor or the
315 appropriate agency shall submit a copy to the Legislature within
316 the first 120 days of the declared state of emergency.
317 2. All contracts executed to support the response to a
318 declared state of emergency, including contracts executed before
319 a declared state of emergency to secure resources or services in
320 advance or anticipation of an emergency, must be posted on the
321 secure contract tracking system required under s. 215.985(14).
322 (b) The Executive Office of the Governor or the appropriate
323 agency shall submit monthly reports to the Legislature of all
324 state expenditures, revenues received, and funds transferred by
325 an agency during the previous month to support the declared
326 state of emergency.
327 (5) Annually, by January 15, the division shall report to
328 the President of the Senate, the Speaker of the House of
329 Representatives, and the chairs of the appropriations committee
330 of each house of the Legislature on expenditures related to
331 emergencies incurred over the year from November 1 of the
332 previous year. The report must include:
333 (a) A separate summary of each emergency event, whether
334 complete or ongoing, and key actions taken by the division.
335 (b) Details of expenditures, separated by emergency event
336 and agency, for preparing for, responding to, or recovering from
337 the event. The report must specify detailed expenditures for the
338 entire report time period; specify total expenditures for the
339 event; and indicate amounts that are being or are anticipated to
340 be reimbursed by the Federal Emergency Management Agency or
341 other federal entity, amounts ineligible for reimbursement, and
342 any amounts deobligated by the Federal Emergency Management
343 Agency or other federal entity for reimbursement. The division
344 shall review expenditures by state agencies to ensure that
345 efforts, purchases, contracts, or expenditures are not
346 duplicated.
347 (c) An accounting of all inventory and assets purchased,
348 separated by emergency event and agency, for preparing for,
349 responding to, or recovering from the event, including motor
350 vehicles, boats, computers, and other equipment, and the current
351 status of such assets, including divestment, sale, or donation
352 by the state. The report must include a detailed accounting for
353 the entire report time period and specify a total for the event.
354 Section 10. Paragraph (a) of subsection (1) of section
355 252.363, Florida Statutes, is amended to read:
356 252.363 Tolling and extension of permits and other
357 authorizations.—
358 (1)(a) The declaration of a state of emergency issued by
359 the Governor for a natural emergency tolls the period remaining
360 to exercise the rights under a permit or other authorization for
361 the duration of the emergency declaration. Further, the
362 emergency declaration extends the period remaining to exercise
363 the rights under a permit or other authorization for 24 months
364 in addition to the tolled period. The extended period to
365 exercise the rights under a permit or other authorization may
366 not exceed 48 months in total in the event of multiple natural
367 emergencies for which the Governor declares a state of
368 emergency. The tolling and extension of permits and other
369 authorizations under this paragraph shall apply retroactively to
370 September 28, 2022, except in the case of the formal
371 determination of the delineation of the extent of wetlands under
372 s. 373.421, in which case tolling and extension of
373 determinations under this paragraph shall apply retroactively to
374 January 1, 2023. This paragraph applies to the following:
375 1. The expiration of a development order issued by a local
376 government.
377 2. The expiration of a building permit.
378 3. The expiration of a permit issued by the Department of
379 Environmental Protection or a water management district pursuant
380 to part IV of chapter 373.
381 4. Permits issued by the Department of Environmental
382 Protection or a water management district pursuant to part II of
383 chapter 373 for land subject to a development agreement under
384 ss. 163.3220-163.3243 in which the permittee and the developer
385 are the same or a related entity.
386 5. The buildout date of a development of regional impact,
387 including any extension of a buildout date that was previously
388 granted as specified in s. 380.06(7)(c).
389 6. The expiration of a development permit or development
390 agreement authorized by Florida Statutes, including those
391 authorized under the Florida Local Government Development
392 Agreement Act, or issued by a local government or other
393 governmental agency.
394 7. The formal determination of the delineation of the
395 extent of wetlands under s. 373.421.
396 Section 11. Subsection (4) of section 252.365, Florida
397 Statutes, is amended to read:
398 252.365 Emergency coordination officers; disaster
399 preparedness plans.—
400 (4) On or before May 1 of each year, the head of each
401 agency shall notify the Governor and the division in writing of
402 the person initially designated as the emergency coordination
403 officer for such agency and her or his alternate and of any
404 changes in persons so designated thereafter.
405 Section 12. Section 252.3655, Florida Statutes, is amended
406 to read:
407 252.3655 Natural hazards risks and mitigation interagency
408 coordinating group workgroup.—
409 (1)(a) An interagency coordinating group workgroup is
410 created for the purpose of sharing information on the current
411 and potential risks and impacts of natural hazards throughout
412 this the state, coordinating the ongoing efforts of state
413 agencies in addressing and mitigating the risks and impacts of
414 natural hazards, and collaborating on statewide initiatives to
415 address and mitigate the risks and impacts of natural hazards.
416 As used in this section, the term “natural hazards” includes,
417 but is not limited to, extreme heat, drought, wildfire, sea
418 level change, high tides, storm surge, saltwater intrusion,
419 stormwater runoff, flash floods, inland flooding, and coastal
420 flooding.
421 (b) The agency head, or his or her designated senior
422 manager, from each of the following agencies shall serve on the
423 coordinating group:
424 1. Chief Resilience Officer of the Statewide Office of
425 Resilience.
426 2. Department of Agriculture and Consumer Services.
427 3. Department of Commerce.
428 4. Department of Environmental Protection.
429 5. Department of Financial Services.
430 6. Department of Law Enforcement.
431 7. Department of Highway Safety and Motor Vehicles.
432 8. Department of Military Affairs.
433 9. Division of Emergency Management.
434 10. Department of Transportation.
435 11. Fish and Wildlife Conservation Commission.
436 12. Office of Insurance Regulation.
437 13. Public Service Commission.
438 14. Each water management district Each agency within the
439 executive branch of state government, each water management
440 district, and the Florida Public Service Commission shall select
441 from within such agency a person to be designated as the agency
442 liaison to the workgroup.
443 (c) The director of the Division of Emergency Management,
444 or his or her designee, shall serve as the administrator liaison
445 to and coordinator of the coordinating group workgroup.
446 (d) Each agency representative liaison shall provide
447 information from his or her respective agency, including all
448 relevant reports, on the current and potential risks and impacts
449 of natural hazards to this state to his or her agency, agency
450 resources available, and efforts made by the agency to address
451 and mitigate the risks and impacts of against natural hazards,
452 and efforts made by the agency to address the impacts of natural
453 hazards.
454 (e)1. The coordinating group workgroup shall meet in person
455 or by means of communications media technology as provided in s.
456 120.54(5)(b)2. at least teleconference on a quarterly basis to
457 share information, leverage agency resources, coordinate ongoing
458 efforts, and provide information for inclusion in the annual
459 progress report submitted pursuant to subsection (2). Agency
460 heads for the agencies listed in paragraph (b) shall meet in
461 person at least annually to collectively strategize and
462 prioritize state efforts.
463 2. Information regarding the coordinating group, including
464 meeting agendas and reports, must be posted in a conspicuous
465 location on the division’s website.
466 (2)(a) On behalf of the coordinating group workgroup, the
467 division of Emergency Management shall prepare an annual
468 progress report on the implementation of the state’s hazard
469 mitigation plan, developed and submitted in accordance with 42
470 U.S.C. s. 5165 and any implementing regulations, as it relates
471 to natural hazards. At a minimum, the annual progress report
472 must:
473 1. Assess each agency’s the relevance, level, and
474 significance of current agency efforts to address and mitigate
475 the risks and impacts of natural hazards; and
476 2. Strategize and prioritize ongoing efforts to address and
477 mitigate the risks and impacts of natural hazards;
478 3. Provide recommendations regarding statutory changes and
479 funding that may assist in addressing or mitigating the risks
480 and impacts of natural hazards; and
481 4. Provide recommendations for state and local natural
482 hazard mitigation strategies.
483 (b) Each liaison is responsible for ensuring that the
484 workgroup’s annual progress report is posted on his or her
485 agency’s website.
486 (c) By January 1 of each year, 2019, and each year
487 thereafter, the division on behalf of the coordinating group
488 workgroup shall submit the annual progress report to the
489 Governor, the President of the Senate, and the Speaker of the
490 House of Representatives.
491 Section 13. Paragraphs (c) and (d) of subsection (5) of
492 section 252.37, Florida Statutes, are redesignated as paragraphs
493 (d) and (e), respectively, a new paragraph (c) is added to that
494 subsection, and subsection (7) is added to that section, to
495 read:
496 252.37 Financing.—
497 (5) Unless otherwise specified in the General
498 Appropriations Act:
499 (c) If the division intends to accept or apply for federal
500 funds for a division-administered program that is new, that will
501 be implemented in a manner that is innovative or significantly
502 different from the manner in which the program is typically
503 administered, or that will require a state match for which the
504 division will be required to seek new budget authority, the
505 division must notify the Legislature of its intent to accept or
506 apply for the federal funds. The notice must detail the federal
507 program under which the funds will be accepted or applied for,
508 the intended purpose and use of the funds, and the amount of
509 funds, including the estimated state match.
510 (7) The division shall take steps to maximize the
511 availability and expedite the distribution of financial
512 assistance from the Federal Government to state and local
513 agencies. Such steps must include the standardization and
514 streamlining of the application process for financial assistance
515 through the federal Public Assistance Program and provision of
516 assistance to applicants in order to mitigate the risk of
517 noncompliance with federal program requirements. The division
518 shall use federal funds allocated as management costs or other
519 funds as appropriated to implement this subsection.
520 Section 14. Paragraph (a) of subsection (2) of section
521 252.373, Florida Statutes, is amended to read:
522 252.373 Allocation of funds; rules.—
523 (2) The division shall allocate funds from the Emergency
524 Management, Preparedness, and Assistance Trust Fund to local
525 emergency management agencies and programs pursuant to criteria
526 specified in rule. Such rules shall include, but are not limited
527 to:
528 (a) Requiring that, at a minimum, a local emergency
529 management agency either:
530 1. Have a program director who works at least 40 hours a
531 week in that capacity; or
532 2. If the county has fewer than 75,000 population or is
533 party to an interjurisdictional emergency management agreement
534 entered into pursuant to s. 252.38(3)(c) s. 252.38(3)(b), that
535 is recognized by the Governor by executive order or rule, have
536 an emergency management coordinator who works at least 20 hours
537 a week in that capacity.
538 Section 15. Paragraphs (a) and (b) of subsection (3) of
539 section 252.38, Florida Statutes, are redesignated as paragraphs
540 (b) and (c), respectively, a new paragraph (a) is added to that
541 subsection, and paragraph (a) of subsection (1) is amended, to
542 read:
543 252.38 Emergency management powers of political
544 subdivisions.—Safeguarding the life and property of its citizens
545 is an innate responsibility of the governing body of each
546 political subdivision of the state.
547 (1) COUNTIES.—
548 (a) In order to provide effective and orderly governmental
549 control and coordination of emergency operations in emergencies
550 within the scope of ss. 252.31-252.90, each county within this
551 state shall be within the jurisdiction of, and served by, the
552 division. Except as otherwise provided in ss. 252.31-252.90,
553 each local emergency management agency shall have jurisdiction
554 over and serve an entire county. Unless part of an
555 interjurisdictional emergency management agreement entered into
556 pursuant to paragraph (3)(c) (3)(b) which is recognized by the
557 Governor by executive order or rule, each county must establish
558 and maintain such an emergency management agency and shall
559 develop a county emergency management plan and program that is
560 coordinated and consistent with the state comprehensive
561 emergency management plan and program. Counties that are part of
562 an interjurisdictional emergency management agreement entered
563 into pursuant to paragraph (3)(c) (3)(b) which is recognized by
564 the Governor by executive order or rule shall cooperatively
565 develop an emergency management plan and program that is
566 coordinated and consistent with the state comprehensive
567 emergency management plan and program.
568 (3) EMERGENCY MANAGEMENT POWERS; POLITICAL SUBDIVISIONS.—
569 (a) Each political subdivision shall notify the division on
570 or before May 1 each year of the person designated as the
571 emergency contact for the political subdivision and his or her
572 alternate and of any changes in persons so designated
573 thereafter. For a county, the emergency contact must be the
574 county emergency management director.
575 Section 16. Section 252.381, Florida Statutes, is created
576 to read:
577 252.381 Information related to natural emergencies;
578 poststorm county and municipal permitting; operations.—
579 (1) Each county and municipality must post on its publicly
580 accessible website:
581 (a) A frequently asked questions web page related to
582 natural emergency response, emergency preparedness, and public
583 relief for residents following an emergency. The web page must
584 answer questions concerning resident evacuations; safety tips;
585 generator, food and drinking water, and wastewater and
586 stormwater safety; damage assessment; debris cleanup; accessing
587 assistance through the Federal Emergency Management Agency and
588 this state; building recovery; natural emergency guidance;
589 applicable laws; and what to do before, during, and after an
590 emergency.
591 (b) A disaster supply list and a list of emergency
592 shelters.
593 (c) Links to information about flood zones.
594 (d) A checklist for residents explaining next steps to take
595 during postdisaster recovery.
596 (e) Information specific to persons with disabilities,
597 including, but not limited to, guidelines for special needs
598 shelter registration; an explanation of how to register for
599 special needs shelters and where to obtain assistance with that
600 process; guidelines as to the level of care that is or is not
601 provided at a special needs shelter as well as situations when
602 either a general population shelter or hospital should be
603 considered; and any other postdisaster assistance or resources
604 available to affected persons with disabilities impacted by a
605 disaster.
606 (2)(a) Each county and municipality shall develop a
607 poststorm permitting plan to expedite recovery and rebuilding by
608 providing for special building permit and inspection procedures
609 after a hurricane or tropical storm. The plan must, at a
610 minimum:
611 1. Ensure sufficient personnel are prepared and available
612 to expeditiously manage postdisaster building inspection,
613 permitting, and enforcement tasks. The plan must anticipate
614 conditions that would necessitate supplemental personnel for
615 such tasks and address methods for fulfilling such personnel
616 needs, including through mutual aid agreements as authorized in
617 s. 252.40, other arrangements, such as those with private sector
618 contractors, or supplemental state or federal funding. The plan
619 must include training requirements and protocols for
620 supplemental personnel to ensure compliance with local
621 floodplain management requirements that apply within the county
622 or municipality.
623 2. Account for multiple or alternate locations where
624 building permit services may be offered in person to the public
625 following a hurricane or tropical storm during regular business
626 hours.
627 3. Specify a protocol to expedite permitting procedures
628 and, if practicable, for the waiver or reduction of applicable
629 fees in accordance with and in addition to the procedures and
630 waivers provided for under s. 553.7922. The plan must identify
631 the types of permits that are frequently requested following a
632 hurricane or tropical storm and methods to expedite the
633 processing of such permits.
634 4. Specify procedures and resources necessary to promote
635 expeditious debris removal following a hurricane or tropical
636 storm.
637 (b) Each county and municipality shall update the plan no
638 later than May 1 annually.
639 (3)(a) By May 1 annually, each county and municipality
640 shall publish on its website a hurricane and tropical storm
641 recovery permitting guide for residential and commercial
642 property owners. The guide must describe:
643 1. The types of poststorm repairs that require a permit and
644 applicable fees.
645 2. The types of poststorm repairs that do not require a
646 permit.
647 3. The poststorm permit application process and specific
648 modifications the county or municipality commonly makes to
649 expedite the process, including the physical locations where
650 permitting services will be offered.
651 4. Local requirements for rebuilding specific to the county
652 or municipality, including elevation requirements following
653 substantial damage and substantial improvement pursuant to the
654 National Flood Insurance Program (NFIP) and any local amendments
655 to the building code.
656 (b) As soon as practicable following a hurricane or
657 tropical storm, a county or municipality within the area for
658 which a state of emergency pursuant to s. 252.36 for such
659 hurricane or tropical storm is declared shall publish updates on
660 its website to the information required under paragraph (a)
661 which are specific to such storm, including any permitting fee
662 waivers or reductions.
663 (4) For 180 days after a state of emergency is declared
664 pursuant to s. 252.36 for a hurricane or tropical storm, a
665 county or municipality within the area for which the state of
666 emergency is declared may not increase building permit or
667 inspection fees.
668 (5) On or before May 1, 2026, each county and municipality
669 must provide an online option for receiving, reviewing, and
670 accessing substantial damage and substantial improvement
671 letters. The county or municipality must allow homeowners to
672 provide an e-mail address where they can receive digital copies
673 of such letters.
674 (6) As soon as reasonably practicable following the
675 landfall and passage of a hurricane or tropical storm, each
676 county and municipality that has experienced a direct impact
677 from a natural emergency must use its best efforts to open a
678 permitting office at which residents can access government
679 services for at least 40 hours per week.
680 Section 17. Subsections (2) and (3) of section 252.385,
681 Florida Statutes, are amended to read:
682 252.385 Public shelter space; public records exemption.—
683 (2)(a) The division shall administer a program to survey
684 existing schools, universities, community colleges, and other
685 state-owned, municipally owned, and county-owned public
686 buildings and any private facility that the owner, in writing,
687 agrees to provide for use as a public hurricane evacuation
688 shelter to identify those that are appropriately designed and
689 located to serve as such shelters. The owners of the facilities
690 must be given the opportunity to participate in the surveys. The
691 state university boards of trustees, district school boards,
692 community college boards of trustees, and the Department of
693 Education are responsible for coordinating and implementing the
694 survey of public schools, universities, and community colleges
695 with the division or the local emergency management agency.
696 (b) By January 31 of each even-numbered year, the division
697 shall prepare and submit a statewide emergency shelter plan to
698 the Governor and Cabinet for approval, subject to the
699 requirements for approval in s. 1013.37(2). The emergency
700 shelter plan must project, for each of the next 5 years, the
701 hurricane shelter needs of the state, including periods of time
702 during which a concurrent public health emergency may
703 necessitate more space for each individual to accommodate
704 physical distancing. In addition to information on the general
705 shelter needs throughout this state, the plan must identify the
706 general location and square footage of special needs shelters,
707 by regional planning council region. The plan must also include
708 information on the availability of shelters that accept pets.
709 The Department of Health shall assist the division in
710 determining the estimated need for special needs shelter space
711 and the adequacy of facilities to meet the needs of persons with
712 special needs based on information from the registries of
713 persons with special needs and other information.
714 (3)(a) The division shall annually provide by October 15 to
715 the Governor, the President of the Senate, and the Speaker of
716 the House of Representatives a report that includes, and the
717 Governor a list of facilities recommended to be retrofitted
718 using state funds. State funds should be maximized and targeted
719 to projects in counties regional planning council regions with
720 hurricane evacuation shelter deficits. Additionally, the
721 division shall prioritize on the list of recommended facilities
722 other state-owned, municipal-owned, and county-owned public
723 buildings, other than schools, for retrofitting using state
724 funds. The owner or lessee of a public hurricane evacuation
725 shelter that is included on the list of facilities recommended
726 for retrofitting is not required to perform any recommended
727 improvements.
728 (b) The report required in paragraph (a) must include a
729 statewide emergency shelter plan that must project, for each of
730 the next 5 years, the hurricane shelter needs of the state. In
731 addition to information on the general shelter needs throughout
732 this state, the plan must identify, by county, the general
733 location and square footage of special needs shelters. The plan
734 must also include information on the availability of shelters
735 that accept pets. The Department of Health and the Agency for
736 Persons with Disabilities shall assist the division in
737 determining the estimated need for special needs shelter space,
738 the estimated need for general shelter space to accommodate
739 persons with developmental disabilities, including, but not
740 limited to, autism, and the adequacy of facilities to meet the
741 needs of persons with special needs based on information from
742 the registries of persons with special needs and other
743 information.
744 Section 18. Section 252.422, Florida Statutes, is created
745 to read:
746 252.422 Restrictions on county or municipal regulations
747 after a hurricane.—
748 (1) As used in this section, the term “impacted local
749 government” means a county listed in a federal disaster
750 declaration located entirely or partially within 100 miles of
751 the track of a storm declared to be a hurricane by the National
752 Hurricane Center while the storm was categorized as a hurricane
753 or a municipality located within such a county.
754 (2) For 1 year after a hurricane makes landfall, an
755 impacted local government may not propose or adopt:
756 (a) A moratorium on construction, reconstruction, or
757 redevelopment of any property.
758 (b) A more restrictive or burdensome amendment to its
759 comprehensive plan or land development regulations.
760 (c) A more restrictive or burdensome procedure concerning
761 review, approval, or issuance of a site plan, development
762 permit, or development order, to the extent that those terms are
763 defined in s. 163.3164.
764 (3) Notwithstanding subsection (2), a comprehensive plan
765 amendment, land development regulation amendment, site plan,
766 development permit, or development order approved or adopted by
767 an impacted local government before or after the effective date
768 of this act may be enforced if:
769 (a) The associated application is initiated by a private
770 party other than the impacted local government and the property
771 that is the subject of the application is owned by the
772 initiating private party;
773 (b) The proposed comprehensive plan amendment was submitted
774 to reviewing agencies pursuant to s. 163.3184 before landfall;
775 or
776 (c) The proposed comprehensive plan amendment or land
777 development regulation is approved by the state land planning
778 agency pursuant to s. 380.05.
779 (4)(a) Any person may file suit against any impacted local
780 government for declaratory and injunctive relief to enforce this
781 section.
782 (b) A county or municipality may request a determination by
783 a court of competent jurisdiction as to whether such action
784 violates this section. Upon such a request, the county or
785 municipality may not enforce the action until the court has
786 issued a preliminary or final judgment determining whether the
787 action violates this section.
788 (c) Before a plaintiff may file suit, the plaintiff shall
789 notify the impacted local government by setting forth the facts
790 upon which the complaint or petition is based and the reasons
791 the impacted local government’s action violates this section.
792 Upon receipt of the notice, the impacted local government shall
793 have 14 days to withdraw or revoke the action at issue or
794 otherwise declare it void. If the impacted local government does
795 not withdraw or revoke the action at issue within the time
796 prescribed, the plaintiff may file suit. The plaintiff shall be
797 entitled to entry of a preliminary injunction to prevent the
798 impacted local government from implementing the challenged
799 action during pendency of the litigation. In any action
800 instituted pursuant to this paragraph, the prevailing plaintiff
801 shall be entitled to reasonable attorney fees and costs.
802 (d) In any case brought under this section, all parties are
803 entitled to the summary procedure provided in s. 51.011, and the
804 court shall advance the cause on the calendar.
805 (5) The Office of Program Policy Analysis and Government
806 Accountability (OPPAGA) shall conduct a study on actions taken
807 by local governments after hurricanes which are related to
808 comprehensive plans, land development regulations, and
809 procedures for review, approval, or issuance of site plans,
810 permits, or development orders. The study must focus on the
811 impact that local governmental actions, including moratoriums,
812 ordinances, and procedures, have had or may have on
813 construction, reconstruction, or redevelopment of any property
814 damaged by hurricanes. In its research, OPPAGA shall survey
815 stakeholders that play integral parts in the rebuilding and
816 recovery process. OPPAGA shall make recommendations for
817 legislative options to remove impediments to the construction,
818 reconstruction, or redevelopment of any property damaged by a
819 hurricane and prevent the implementation by local governments of
820 burdensome or restrictive procedures and processes. OPPAGA shall
821 submit the report to the President of the Senate and the Speaker
822 of the House of Representatives by December 1, 2025.
823 Section 19. Effective January 1, 2026, section 252.505,
824 Florida Statutes, is created to read:
825 252.505 Breach of contract during emergency recovery
826 periods for natural emergencies.—Each state or local government
827 contract for goods or services related to emergency response for
828 a natural emergency entered into, renewed, or amended on or
829 after July 1, 2025, must include a provision that requires a
830 vendor or service provider that breaches such contract during an
831 emergency recovery period to pay a $5,000 penalty and damages,
832 which may be either actual and consequential damages or
833 liquidated damages. As used in this section, the term “emergency
834 recovery period” means a 1-year period that begins on the date
835 that the Governor initially declared a state of emergency for a
836 natural emergency.
837 Section 20. Subsection (4) is added to section 373.423,
838 Florida Statutes, to read:
839 373.423 Inspection.—
840 (4)(a) By September 1, 2026, the department shall submit a
841 Flood Inventory and Restoration Report to the Division of
842 Emergency Management. The department must work with water
843 management districts, local governments, and operators of public
844 and private stormwater management systems to compile the
845 necessary information for the report, which must:
846 1. Identify priority infrastructure needs within each water
847 management district jurisdiction that may result in flooding or
848 property damage or threaten human health if left unaddressed;
849 2. Identify locations that have both historic flooding
850 occurrences, based on flood zones identified by the Federal
851 Emergency Management Agency, and the potential to flood from
852 future significant storm events, such as hurricanes and tropical
853 storms;
854 3. For each location identified in subparagraph 1. or
855 subparagraph 2., include an inspection and maintenance schedule
856 and specific information on the age of the infrastructure,
857 upstream impacts, and other factors that may lead to system
858 failure if unaddressed; and
859 4. Include a list of facilities prioritized for funding to
860 address flooding issues.
861 (b) The owner of any priority infrastructure identified in
862 the report must submit an inspection and maintenance schedule to
863 the department.
864 (c) The department must review and update the report on a
865 biannual basis. The report must provide information regarding
866 compliance with the inspection and maintenance schedules,
867 include any additional revisions based on storm event
868 experience, and revise the list of facilities as new flooding
869 events take place and new projects are implemented to alleviate
870 infrastructure deficiencies which led to flooding events. The
871 department must submit an updated report to the Division of
872 Emergency Management by September 1 of each year in which the
873 report is due.
874 Section 21. Paragraph (a) of subsection (9) of section
875 380.0552, Florida Statutes, is amended to read:
876 380.0552 Florida Keys Area; protection and designation as
877 area of critical state concern.—
878 (9) MODIFICATION TO PLANS AND REGULATIONS.—
879 (a) Any land development regulation or element of a local
880 comprehensive plan in the Florida Keys Area may be enacted,
881 amended, or rescinded by a local government, but the enactment,
882 amendment, or rescission becomes effective only upon approval by
883 the state land planning agency. The state land planning agency
884 shall review the proposed change to determine if it is in
885 compliance with the principles for guiding development specified
886 in chapter 27F-8, Florida Administrative Code, as amended
887 effective August 23, 1984, and must approve or reject the
888 requested changes within 60 days after receipt. Amendments to
889 local comprehensive plans in the Florida Keys Area must also be
890 reviewed for compliance with the following:
891 1. Construction schedules and detailed capital financing
892 plans for wastewater management improvements in the annually
893 adopted capital improvements element, and standards for the
894 construction of wastewater treatment and disposal facilities or
895 collection systems that meet or exceed the criteria in s.
896 403.086(11) for wastewater treatment and disposal facilities or
897 s. 381.0065(4)(l) for onsite sewage treatment and disposal
898 systems.
899 2. Goals, objectives, and policies to protect public safety
900 and welfare in the event of a natural disaster by maintaining a
901 hurricane evacuation clearance time for permanent residents of
902 no more than 24.5 24 hours. The hurricane evacuation clearance
903 time shall be determined by a hurricane evacuation study
904 conducted in accordance with a professionally accepted
905 methodology and approved by the state land planning agency. For
906 purposes of hurricane evacuation clearance time:
907 a. Mobile home residents are not considered permanent
908 residents.
909 b. The City of Key West Area of Critical State Concern
910 established by chapter 28-36, Florida Administrative Code, shall
911 be included in the hurricane evacuation study and is subject to
912 the evacuation requirements of this subsection.
913 Section 22. It is the intent of the Legislature that the
914 amendment made by this act to s. 380.0552, Florida Statutes,
915 will accommodate the building of additional developments within
916 the Florida Keys to ameliorate the acute affordable housing and
917 building permit allocation shortage. The Legislature also
918 intends that local governments subject to the hurricane
919 evacuation clearance time restrictions on residential buildings
920 manage growth with a heightened focus on long-term stability and
921 affordable housing for the local workforce.
922 Section 23. Subsection (1) of section 400.063, Florida
923 Statutes, is amended to read:
924 400.063 Resident protection.—
925 (1) The Health Care Trust Fund shall be used for the
926 purpose of collecting and disbursing funds generated from the
927 license fees and administrative fines as provided for in ss.
928 393.0673(5), 400.062(3), 400.121(2), and 400.23(8). Such funds
929 shall be for the sole purpose of paying for the appropriate
930 alternate placement, care, and treatment of residents who are
931 removed from a facility licensed under this part or a facility
932 specified in s. 393.0678(1) in which the agency determines that
933 existing conditions or practices constitute an immediate danger
934 to the health, safety, or security of the residents. If the
935 agency determines that it is in the best interest of the health,
936 safety, or security of the residents to provide for an orderly
937 removal of the residents from the facility, the agency may
938 utilize such funds to maintain and care for the residents in the
939 facility pending removal and alternative placement. The
940 maintenance and care of the residents shall be under the
941 direction and control of a receiver appointed pursuant to s.
942 393.0678(1) or s. 400.126(1). However, funds may be expended in
943 an emergency upon a filing of a petition for a receiver, upon
944 the declaration of a state of local emergency pursuant to s.
945 252.38(3)(b)5. s. 252.38(3)(a)5., or upon a duly authorized
946 local order of evacuation of a facility by emergency personnel
947 to protect the health and safety of the residents.
948 Section 24. Subsection (7) of section 403.7071, Florida
949 Statutes, is amended, and subsection (8) is added to that
950 section, to read:
951 403.7071 Management of storm-generated debris.—Solid waste
952 generated as a result of a storm event that is the subject of an
953 emergency order issued by the department may be managed as
954 follows:
955 (7) Unless otherwise specified in a contract or franchise
956 agreement between a local government and a private solid waste
957 or debris management service provider, a private solid waste or
958 debris management service provider is not required to collect
959 storm-generated yard trash, debris, or waste. Local governments
960 are authorized and encouraged to add an addendum to existing
961 contracts or franchise agreements for collection of storm
962 generated debris.
963 (8)(a) Each county and municipality shall apply to the
964 department for authorization of at least one debris management
965 site as described in subsection (2) and shall annually seek
966 preauthorization for any previously approved debris management
967 sites, as allowed by the department.
968 (b) A municipality may jointly apply for authorization of a
969 debris management site with a county or at least one adjacent
970 municipality, if the parties develop and approve a memorandum of
971 understanding. Such memorandum must clearly outline the capacity
972 of the debris management site and location of the site relative
973 to each party. The memorandum of understanding must be approved
974 annually as part of the preauthorization process described in
975 paragraph (a).
976 Section 25. Section 489.1132, Florida Statutes, is created
977 to read:
978 489.1132 Regulation of hoisting equipment used in
979 construction, demolition, or excavation work during a
980 hurricane.—
981 (1) As used in this section, the term:
982 (a) “Controlling entity” means the general contractor,
983 prime contractor, or construction manager with overall
984 responsibility for a construction project.
985 (b) “Hoisting equipment” means power-operated cranes,
986 derricks, and hoists used in construction, demolition, or
987 excavation work that are regulated by the Occupational Safety
988 and Health Administration.
989 (c) “Mobile crane” means a type of hoisting equipment
990 incorporating a cable-suspended latticed boom or hydraulic
991 telescoping boom designed to be moved between operating
992 locations by transport over a roadway. The term does not include
993 a mobile crane with a boom length of less than 25 feet or a
994 maximum rated load capacity of less than 15,000 pounds.
995 (d) “Tower crane” means a type of hoisting equipment using
996 a vertical mast or tower to support a working boom in an
997 elevated position if the working boom can rotate to move loads
998 laterally either by rotating at the top of the mast or tower or
999 by the rotation of the mast or tower itself, whether the mast or
1000 tower base is fixed in one location or ballasted and moveable
1001 between locations.
1002 (2)(a) When a tower crane or mobile crane is located on a
1003 worksite, a hurricane preparedness plan for the crane must be
1004 available for inspection at the worksite.
1005 (b) In preparation for a hurricane, the controlling entity
1006 must ensure that hoisting equipment is secured in the following
1007 manner no later than 24 hours before the impacts of the
1008 hurricane are anticipated to begin:
1009 1. All hoisting equipment must be secured in compliance
1010 with manufacturer recommendations relating to hurricane and
1011 high-wind events, including any recommendations relating to the
1012 placement, use, and removal of advertising banners and rigging.
1013 2. Tower crane turntables must be lubricated before the
1014 event.
1015 3. Fixed booms on mobile cranes must be laid down whenever
1016 feasible.
1017 4. Booms on hydraulic cranes must be retracted and stored.
1018 5. The counterweights of any hoists must be locked below
1019 the top tie-in.
1020 6. Tower cranes must be set in the weathervane position.
1021 7. All rigging must be removed from hoist blocks.
1022 8. All power at the base of tower cranes must be
1023 disconnected.
1024 (3) A person licensed under this part who intentionally
1025 violates this section is subject to discipline under ss. 455.227
1026 and 489.129.
1027 (4) The Florida Building Commission shall establish best
1028 practices for the utilization of tower cranes and hoisting
1029 equipment on construction job sites during hurricane season and
1030 report its findings to the Legislature by December 31, 2026.
1031 Section 26. Subsection (6) of section 553.902, Florida
1032 Statutes, is amended to read:
1033 553.902 Definitions.—As used in this part, the term:
1034 (6) “Renovated building” means a residential or
1035 nonresidential building undergoing alteration that varies or
1036 changes insulation, HVAC systems, water heating systems, or
1037 exterior envelope conditions, if the estimated cost of
1038 renovation exceeds 30 percent of the assessed value of the
1039 structure. However, if the alteration is a result of a natural
1040 disaster that is the subject of a declaration of a state of
1041 emergency by the Governor, the estimated cost of renovation must
1042 exceed 75 percent of the fair market value of the building
1043 before the natural disaster.
1044 Section 27. The Division of Emergency Management shall
1045 consult with local governments, the Department of Business and
1046 Professional Regulation, the Department of Environmental
1047 Protection, and any other appropriate agencies to develop
1048 recommendations for statutory changes necessary to streamline
1049 the permitting process for repairing and rebuilding structures
1050 damaged during natural emergencies. By July 1, 2026, the
1051 division shall provide a report containing such recommendations
1052 to the President of the Senate and the Speaker of the House of
1053 Representatives.
1054 Section 28. (1) Each county listed in the Federal Disaster
1055 Declaration for Hurricane Debby (DR-4806), Hurricane Helene (DR
1056 4828), or Hurricane Milton (DR-4834), and each municipality
1057 within one of those counties, may not propose or adopt any
1058 moratorium on construction, reconstruction, or redevelopment of
1059 any property damaged by such hurricanes; propose or adopt more
1060 restrictive or burdensome amendments to its comprehensive plan
1061 or land development regulations; or propose or adopt more
1062 restrictive or burdensome procedures concerning review,
1063 approval, or issuance of a site plan, development permit, or
1064 development order, to the extent that those terms are defined by
1065 s. 163.3164, Florida Statutes, before October 1, 2027, and any
1066 such moratorium or restrictive or burdensome comprehensive plan
1067 amendment, land development regulation, or procedure shall be
1068 null and void ab initio. This subsection applies retroactively
1069 to August 1, 2024.
1070 (2) Notwithstanding subsection (1), any comprehensive plan
1071 amendment, land development regulation amendment, site plan,
1072 development permit, or development order approved or adopted by
1073 a county or municipality before or after the effective date of
1074 this act may be enforced if:
1075 (a) The associated application is initiated by a private
1076 party other than the county or municipality.
1077 (b) The property that is the subject of the application is
1078 owned by the initiating private party.
1079 (3)(a) A resident of or the owner of a business in a county
1080 or municipality may bring a civil action for declaratory and
1081 injunctive relief against the county or municipality for a
1082 violation of this section. Pending adjudication of the action
1083 and upon filing of a complaint showing a violation of this
1084 section, the resident or business owner is entitled to a
1085 preliminary injunction against the county or municipality
1086 preventing implementation of the moratorium or the comprehensive
1087 plan amendment, land development regulation, or procedure. If
1088 such civil action is successful, the resident or business owner
1089 is entitled to reasonable attorney fees and costs.
1090 (b) Attorney fees and costs and damages may not be awarded
1091 pursuant to this subsection if:
1092 1. The resident or business owner provides the governing
1093 body of the county or municipality written notice that a
1094 proposed or enacted moratorium, comprehensive plan amendment,
1095 land development regulation, or procedure is in violation of
1096 this section; and
1097 2. The governing body of the county or municipality
1098 withdraws the proposed moratorium, comprehensive plan amendment,
1099 land development regulation, or procedure within 14 days; or, in
1100 the case of an adopted moratorium, comprehensive plan amendment,
1101 land development regulation, or procedure, the governing body of
1102 a county or municipality notices an intent to repeal within 14
1103 days after receipt of the notice and repeals the moratorium,
1104 comprehensive plan amendment, land development regulation, or
1105 procedure within 14 days thereafter.
1106 (4) This section expires June 30, 2028.
1107 Section 29. The Division of Law Revision is directed to
1108 replace the phrase “the effective date of this act” wherever it
1109 occurs in this act with the date this act becomes a law.
1110 Section 30. Except as otherwise provided in this act, this
1111 act shall take effect upon becoming a
1112
1113 ================= T I T L E A M E N D M E N T ================
1114 And the title is amended as follows:
1115 Delete lines 1201 - 1398
1116 and insert:
1117 193.155, F.S.; revising the square footage limitations
1118 for certain changes, additions, and improvements to
1119 damaged property; amending s. 215.559, F.S.; removing
1120 a reference to a certain report; revising public
1121 hurricane shelter funding prioritization requirements
1122 for the Division of Emergency Management; amending s.
1123 250.375, F.S.; authorizing certain servicemembers to
1124 provide medical care in specified circumstances;
1125 amending s. 252.35, F.S.; revising requirements for
1126 the state comprehensive emergency management plan;
1127 requiring such plan to include an update on the status
1128 of certain emergency management capabilities;
1129 requiring the division to collaborate with the
1130 Department of Health; revising responsibilities of the
1131 division; requiring the division to develop a certain
1132 template; revising the purpose of certain training
1133 programs; requiring the division to set the minimum
1134 number of training hours that specified individuals
1135 must complete biennially; authorizing such training to
1136 be provided by certain entities; requiring the
1137 division to conduct an annual hurricane readiness
1138 session in each region designated by the division for
1139 a specified purpose; requiring all county emergency
1140 management directors, and authorizing other county and
1141 municipal personnel, to attend such session; requiring
1142 that the session include specified topics and needs;
1143 removing a specified reporting requirement; amending
1144 s. 252.355, F.S.; authorizing the Department of
1145 Veterans’ Affairs to provide certain information to
1146 specified clients or their caregivers; requiring the
1147 Florida Housing Finance Corporation to enter into
1148 memoranda of understanding with specified agencies for
1149 a certain purpose; providing that specified persons
1150 may use special needs shelters in certain
1151 circumstances; amending s. 252.3611, F.S.; directing
1152 specified entities to submit specified contracts and
1153 reports to the Legislature under specified conditions;
1154 requiring such contracts to be posted on a specified
1155 secure contract system; requiring the division to
1156 report annually to the Legislature specified
1157 information on expenditures relating to emergencies;
1158 providing requirements for such report; amending s.
1159 252.363, F.S.; providing for the tolling and extension
1160 of certain determinations; providing for retroactive
1161 application; amending s. 252.365, F.S.; requiring
1162 agency heads to notify the Governor and the division
1163 of the person designated as the emergency coordination
1164 officer annually by a specified date; amending s.
1165 252.3655, F.S.; creating the natural hazards risks and
1166 mitigation interagency coordinating group; providing
1167 the purpose of the group; providing for the membership
1168 and administration of the group; requiring agency
1169 representatives to provide information relating to
1170 natural hazards to this state, agency resources, and
1171 efforts to address and mitigate risks and impacts of
1172 natural hazards; requiring the group to meet in person
1173 or by communications media technology at least
1174 quarterly for specified purposes; requiring specified
1175 agency heads to meet at least annually to strategize
1176 and prioritize state efforts; requiring the division,
1177 on behalf of the group, to prepare an annual progress
1178 report and submit such report to the Governor and
1179 Legislature; revising requirements for such report;
1180 amending s. 252.37, F.S.; requiring the division to
1181 notify the Legislature of its intent to accept or
1182 apply for federal funds under certain circumstances;
1183 requiring the division to take steps to maximize the
1184 availability and expedite the distribution of
1185 financial assistance from the Federal Government to
1186 state and local agencies; requiring that such steps
1187 include the standardization and streamlining of the
1188 application process for federal financial assistance
1189 and the provision of assistance to applicants for a
1190 specified purpose; requiring the division to use
1191 certain federal funds to implement such requirements;
1192 amending s. 252.373, F.S.; conforming a cross
1193 reference; amending s. 252.38, F.S.; requiring
1194 political subdivisions to annually provide specified
1195 notification to the division before a specified date;
1196 creating s. 252.381, F.S.; requiring counties and
1197 municipalities to post certain information on their
1198 websites; requiring counties and municipalities to
1199 develop a poststorm permitting plan; providing
1200 requirements for such plan; requiring counties and
1201 municipalities to update such plan by a specified date
1202 annually; requiring counties and municipalities to
1203 publish on their websites a specified storm recovery
1204 guide by a specified date annually; providing
1205 requirements for such guide; requiring certain
1206 counties and municipalities to publish on their
1207 websites updates to such guide as soon as practicable
1208 following a storm; prohibiting certain counties and
1209 municipalities from increasing building permit or
1210 inspection fees within a specified timeframe;
1211 requiring counties and municipalities to allow
1212 individuals to receive certain letters electronically
1213 on or before a specified date; requiring certain
1214 counties and municipalities to use their best efforts
1215 to open a permitting office for a minimum number of
1216 hours per week; amending s. 252.385, F.S.; revising
1217 reporting requirements for the division; revising
1218 requirements for a specified list; requiring the
1219 Department of Health and the Agency for Persons with
1220 Disabilities to assist the division with certain
1221 determinations; creating s. 252.422, F.S.; defining
1222 the term “impacted local government”; prohibiting
1223 impacted local governments from proposing or adopting
1224 certain moratoriums, amendments, or procedures for a
1225 specified timeframe; authorizing the enforcement of
1226 certain amendments, plans, permits, and orders under
1227 certain circumstances; authorizing any person to file
1228 suit to enforce specified provisions; authorizing
1229 counties and municipalities to request a specified
1230 determination by a court; prohibiting counties and
1231 municipalities from taking certain actions until the
1232 court has issued a preliminary or final judgment;
1233 requiring plaintiffs to provide certain notification
1234 before filing suit; requiring impacted local
1235 governments to take certain actions upon receipt of
1236 such notification or a suit may be filed; providing
1237 for reasonable attorney fees and costs; authorizing
1238 the use of a certain summary procedure; requiring the
1239 court to advance the cause on the calendar; requiring
1240 the Office of Program Policy Analysis and Government
1241 Accountability to conduct a study on certain local
1242 government actions after hurricanes; specifying
1243 requirements for the study and legislative
1244 recommendations; requiring the office to submit a
1245 report to the Legislature by a specified date;
1246 creating s. 252.505, F.S.; requiring that certain
1247 contracts include a specified provision; defining the
1248 term “emergency recovery period”; amending s. 373.423,
1249 F.S.; requiring the Department of Environmental
1250 Protection to submit a Flood Inventory and Restoration
1251 Report to the division by a specified date; requiring
1252 the department to work with specified entities to
1253 compile information for the report; providing
1254 specifications for the report; requiring the owner of
1255 certain infrastructure to submit certain information
1256 to the department; requiring the department to review
1257 and update the report biannually; requiring the
1258 department to submit an updated report to the division
1259 by a specified date; amending s. 380.0552, F.S.;
1260 revising the maximum evacuation clearance time for
1261 permanent residents of the Florida Keys Area, which
1262 time is an element for which amendments to local
1263 comprehensive plans in the Florida Keys Area must be
1264 reviewed for compliance; providing legislative intent;
1265 amending s. 400.063, F.S.; conforming a cross
1266 reference; amending s. 403.7071, F.S.; providing that
1267 local governments are authorized and encouraged to add
1268 certain addendums to certain contracts and agreements;
1269 requiring counties and municipalities to apply to the
1270 department for authorization to designate at least one
1271 debris management site; authorizing municipalities to
1272 apply jointly with a county or adjacent municipality
1273 for authorization of a debris management site if such
1274 entities approve a memorandum of understanding;
1275 providing requirements for such memorandum; creating
1276 s. 489.1132, F.S.; providing definitions; requiring a
1277 hurricane preparedness plan to be available for
1278 inspection at certain worksites; requiring certain
1279 equipment to be secured in a specified manner no later
1280 than 24 hours before the impacts of a hurricane are
1281 anticipated to begin; providing penalties; requiring
1282 the Florida Building Commission to establish specified
1283 best practices and report findings to the Legislature
1284 by a specified date; amending s. 553.902, F.S.;
1285 revising the definition of the term “renovated
1286 building”; requiring the division to consult with
1287 specified entities to develop certain recommendations
1288 and provide a report to the Legislature by a specified
1289 date; prohibiting certain counties from proposing or
1290 adopting certain moratoriums, amendments, or
1291 procedures for a specified timeframe; declaring that
1292 such moratoriums, amendments, or procedures are null
1293 and void; providing for retroactive application;
1294 authorizing the enforcement of certain amendments,
1295 plans, permits, and orders under certain
1296 circumstances; authorizing certain residents and
1297 business owners to bring a civil action for
1298 declaratory and injunctive relief against a county or
1299 municipality that violates specified provisions;
1300 providing for reasonable attorney fees and costs under
1301 specified circumstances; providing for future
1302 expiration; providing a directive to the Division of
1303 Law Revision; providing effective dates.