Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for SB 324
Ì968940:Î968940
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/10/2025 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Appropriations Committee on Transportation, Tourism, and
Economic Development (Smith) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Part XIII of chapter 288, Florida Statutes,
6 consisting of ss. 288.9991-288.9998, Florida Statutes, is
7 created and entitled “Construction Disruption Assistance Act.”
8 Section 2. Section 288.9991, Florida Statutes, is created
9 to read:
10 288.9991 Short title.—This part shall be known and may be
11 cited as the “Construction Disruption Assistance Act.”
12 Section 3. Section 288.9992, Florida Statutes, is created
13 to read:
14 288.9992 Legislative findings; purpose.—The Legislature
15 finds and declares that:
16 (1) Prolonged state and local government construction
17 projects that directly block access to small businesses cause
18 significant financial and operational hardships that negatively
19 impact local economies and threaten the livelihoods of business
20 owners and employees.
21 (2) It is the purpose of this act to establish a program to
22 provide financial relief, promotional support, and loss coverage
23 to small businesses adversely impacted by state and local
24 government construction projects, ensuring their resilience and
25 viability during essential infrastructure improvements.
26 Section 4. Section 288.9993, Florida Statutes, is created
27 to read:
28 288.9993 Definitions.—As used in this part, the term:
29 (1) “Construction zone” means the immediate area where
30 construction activities directly restrict physical or visual
31 access to a small business, including partial or complete
32 obstruction of entryways, parking, or signage visibility.
33 (2) “Demonstrable loss” means a verifiable reduction in
34 revenue, property damage, or increased operational costs
35 directly attributed to state or local government construction
36 activities.
37 (3) “Department” means the Department of Commerce.
38 (4) “Eligible small business” means a business with 50 or
39 fewer employees whose primary access points are obstructed by
40 state or local government construction activities directly
41 adjacent to or in front of the business, as determined by the
42 department.
43 (5) “Program” means the Construction Impact Relief
44 Revolving Loan Program established in s. 288.9995.
45 Section 5. Section 288.9994, Florida Statutes, is created
46 to read:
47 288.9994 Rulemaking authority.—By October 1, 2025, the
48 department shall adopt rules to implement this part, including,
49 but not limited to, developing guidelines for the award of loans
50 under the program and creating application forms for the
51 program.
52 Section 6. Section 288.9995, Florida Statutes, is created
53 to read:
54 288.9995 Construction Impact Relief Revolving Loan
55 Program.—
56 (1) The Construction Impact Relief Revolving Loan Program
57 is created within the department. The program may be funded by
58 the Legislature. Under the program, the department shall:
59 (a) Provide financial assistance to eligible small
60 businesses within construction zones, including low-interest
61 loans of up to $100,000, with interest not to exceed the federal
62 funds rate at the time the loan is issued, for the operational
63 costs of eligible small businesses during construction
64 disruptions.
65 (b) Develop a public awareness and marketing campaign to
66 promote the program in partnership with local chambers of
67 commerce and other business organizations and to encourage
68 customer support for small businesses adversely impacted by
69 state and local government construction activities. Such
70 marketing campaign efforts must include, but are not limited to,
71 all of the following:
72 1. Digital advertising campaigns.
73 2. Signage and outreach.
74 (2) An applicant seeking to obtain financial assistance
75 under paragraph (1)(a) must submit an application to the
76 department. The application must require documentation of
77 demonstrable loss and a plan for the use of funds. Proof of
78 demonstrable loss must include, but is not limited to, all of
79 the following:
80 (a) Documentation of reduction in revenue from the start
81 date of the state or local government construction activities to
82 the week before an application is submitted to the department.
83 Such proof may be made by comparing the applicant’s average
84 weekly or monthly revenue of the year before the state or local
85 government construction activities began and the applicant’s
86 current weekly or monthly revenue.
87 (b) Photo or video evidence of the obstruction to the
88 applicant due to the construction zone. Such obstruction may
89 include, but is not limited to, any of the following:
90 1. Restricting parking or primary entry access to the
91 eligible small business.
92 2. Blocking visibility of the applicant from all directions
93 of traffic flow along the road and adjoining sidewalks in which
94 the applicant is located, during each phase of construction.
95 (3) An applicant must agree to accept consultation from the
96 Florida Small Business Development Center Network created in s.
97 288.001 as a condition to participate in the program. If an
98 applicant is enrolled in any other loan program, he or she is
99 not eligible to participate in the program.
100 Section 7. Section 288.9996, Florida Statutes, is created
101 to read:
102 288.9996 Publication on department website; accessibility.
103 (1) The department shall maintain and publish detailed
104 information about the program on its website. The information
105 must include, but is not limited to, all of the following:
106 (a) A clear description of the application process.
107 (b) Detailed eligibility criteria for applicants.
108 (c) The timeline and procedures for review, approval, and
109 disbursement of funds.
110 (d) Contact information, including e-mail addresses and
111 telephone numbers, applicants or interested parties may obtain
112 for additional information or assistance.
113 (2) The department shall update the information as changes
114 occur and ensure the website is accessible to all potential
115 applicants or interested parties, including those with
116 disabilities, in accordance with applicable state and federal
117 accessibility laws.
118 Section 8. Section 288.9997, Florida Statutes, is created
119 to read:
120 288.9997 Liability.—
121 (1) The department or any of its officers, employees,
122 agents, or contractors may not be held liable in any civil
123 action arising out of or relating to the administration,
124 processing, approval, denial, or disbursement of funds under the
125 program, provided such actions were made in good faith and
126 without gross negligence or willful misconduct.
127 (2) An applicant must acknowledge, as a condition of
128 applying to the program, that submitting an application does not
129 guarantee funding and that the department is not liable for any
130 damages, including, but not limited to, lost profits or business
131 interruptions resulting from the department denying a loan or
132 delaying disbursement of a loan, or from government construction
133 activities.
134 (3) This part may not be construed to create a private
135 right of action against the department or any of its officers,
136 employees, agents, or contractors. Eligibility determinations,
137 prioritization of applications, and loan award decisions made in
138 accordance with applicable program rules and guidelines are
139 considered final agency action and are not subject to further
140 judicial review except as provided in s. 120.68.
141 (4) The department may adopt rules establishing clear
142 application procedures, evaluation criteria, and dispute
143 resolution processes to ensure consistency and transparency in
144 program administration. An applicant’s compliance with such
145 rules constitutes a presumption of good faith.
146 Section 9. Section 288.9998, Florida Statutes, is created
147 to read:
148 288.9998 Annual reporting requirement.—The department
149 shall, by November 1 of each year, submit an annual report to
150 the Governor, the President of the Senate, and the Speaker of
151 the House of Representatives which summarizes the performance of
152 the program, including the total number of small businesses and
153 residents served, the total funds disbursed, and the program
154 outcomes.
155 Section 10. This act shall take effect July 1, 2025.
156
157 ================= T I T L E A M E N D M E N T ================
158 And the title is amended as follows:
159 Delete everything before the enacting clause
160 and insert:
161 A bill to be entitled
162 An act relating to construction disruption assistance;
163 creating part XIII of ch. 288, F.S., to be entitled
164 the “Construction Disruption Assistance Act”; creating
165 s. 288.9991, F.S.; providing a short title; creating
166 s. 288.9992, F.S.; providing legislative findings and
167 purpose; creating s. 288.9993, F.S.; defining terms;
168 creating s. 288.9994, F.S.; establishing rulemaking
169 authority; creating s. 288.9995, F.S.; establishing
170 the Construction Impact Relief Revolving Loan Program
171 within the Department of Commerce; authorizing the
172 Legislature to fund the program; requiring the
173 department to provide specified financial assistance
174 to eligible small businesses within construction
175 zones; requiring the department to develop a public
176 awareness and marketing campaign to promote the
177 program in partnership with specified entities;
178 providing requirements for the campaign; requiring
179 applicants to submit specified information with their
180 applications; requiring an applicant to agree to
181 accept consultation from the Florida Small Business
182 Development Center Network as a condition to
183 participate in the program; prohibiting an applicant
184 from participating in the program under certain
185 circumstances; creating s. 288.9996, F.S.; directing
186 the department to maintain and publish certain
187 information about the program on its website, and to
188 update such information as changes occur; requiring
189 such information to be accessible to certain persons
190 with disabilities; creating s. 288.9997, F.S.;
191 providing that the department or any of its officers,
192 employees, agents, or contracts are not liable in any
193 civil action arising out of or relating to specified
194 duties of the program if such actions were made in
195 good faith and without gross negligence or willful
196 misconduct; providing construction; requiring an
197 applicant to acknowledge that submitting and
198 application does not guarantee funding; providing that
199 the department is not liable for any damages resulting
200 in the department denying an applicant; providing
201 construction; providing that certain determinations,
202 prioritizations, and decisions made are deemed final
203 agency action and not subject to further judicial
204 review; providing an exception; authorizing the
205 department to adopt rules; providing that an
206 applicant’s compliance with such rules constitutes a
207 presumption of good faith; creating s. 288.9998, F.S.;
208 requiring the department to submit an annual report
209 containing certain information by a specified date to
210 the Governor and the Legislature; providing an
211 effective date.