BILL SUMMARY DETAILS

Florida League of Cities

Natural Emergencies (Monitor)

CS/CS/SB 250 (Martin) and CS/HB 7057 (Giallombardo) are bills dealing with natural emergencies that impact the state. Of interest to cities, the bills do the following:

Building Permits and Contracts

•Require the Division of Emergency Management to post on its website a model debris removal contract for the benefit of local governments. 

•Encourage local governments to create emergency financial plans in preparation for major natural disasters.

•Authorize local governments to create specialized building inspection teams following a natural disaster and encourage interlocal agreements for additional building inspection services during a state of emergency. 

•Require local governments to expedite the issuance of permits following a natural disaster.

•Prohibit counties and municipalities located in areas designated in the Federal Emergency Management Agency disaster declaration for Hurricane Ian or Hurricane Nicole from increasing building fees before October 1, 2024. This preemption expires on June 30, 2025. 

•CS/HB 7057 prohibits counties and municipalities within 100 miles of landfall of Hurricane Ian or Hurricane Nicole from proposing or adopting a moratorium on construction, reconstruction or redevelopment of properties damaged by these storms. The bill provides that public utilities are not liable for damages based in whole or in part on changes in the reliability, continuity or quality of utility services that arise out of an emergency or disaster.

Tolling and Contractors

•Increase the extension of certain building permits following a declaration of a state of emergency from six to 24 months and cap such extension at 48 months in the event of multiple natural emergencies.

•Allow registered contractors to engage in contracting for the types of work covered by their registration within areas for which a state of emergency has been declared. This authorization terminates 24 months after the expiration of the declared state of emergency. 

•CS/HB 7057 was amended to provide that the tolling and extension of permits and other authorizations under a declared state of emergency apply retroactively to September 28, 2022.

Zoning and Funding

•Provide that counties and municipalities cannot prohibit a resident from placing a temporary residential structure on their property for up to 36 months following a natural emergency under certain circumstances.

•Prohibit counties and municipalities within the disaster declaration for Hurricane Ian or Hurricane Nicole from adopting more restrictive procedures for proposing amendments to its comprehensive plan or land development regulations or for issuing a development permit or development order before October 1, 2024.

•Make the Local Government Emergency Bridge Loan Program a revolving program and makes funds available for local governments impacted by federally declared disasters until July 1, 2038. 

CS/CS/SB 250 passed the Senate (39-0) and is awaiting action by the House. (Branch)