The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Community Affairs
BILL: SB 4-A
INTRODUCER: Senator Hutson
SUBJECT: Disaster Relief
DATE: December 9, 2022 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hackett/Hunter Ryon CA Pre-meeting
2. FP
I. Summary:
SB 4-A provides for a number of disaster relief efforts in the wake of the 2022 hurricane season,
in which 2 disastrous hurricanes struck the state of Florida, resulting in widespread destruction of
homes, infrastructure, agricultural lands, beaches, and more.
On September 28, 2022, Hurricane Ian made landfall in southwest Florida as a high-end
Category 4 storm which brought heavy rainfall, deadly storm surge, and extensive wind damage
to Florida. Just two months later, Hurricane Nicole made landfall on Florida’s east coast causing
residential damage, flooding, and shoreline erosion on coastal communities and exacerbated the
impacts of Hurricane Ian.
The bill provides the following provisions to further supplement hurricane relief efforts across
the state:
Extends the due dates for property taxes levied in 2022 for property owners whose property
was destroyed or rendered uninhabitable by Hurricanes Ian or Nicole.
Authorizes property tax refunds for residential properties that were made uninhabitable for at
least 30 days by either hurricane for the portion of the year that the residence was unusable.
Appropriates $350 million from the General Revenue Fund to the Division of Emergency
Management (DEM) to provide the full match requirement for FEMA Public Assistance
grants to local governments affected by the two hurricanes.
Appropriates $150 million from the General Revenue Fund to the Florida Housing Finance
Corporation, of which $60 million shall be provided to local governments to assist persons
with the repair or replacement of housing, relocation costs, housing reentry assistance, and
insurance deductibles. $90 million shall be used to fund the Rental Recovery Loan Program
to promote development and rehabilitation of affordable housing in affected areas.
Appropriates $251.5 million from the General Revenue Fund to the Department of
Environmental Protection (DEP) for:
o Beach erosion projects ($100 million)
o Hurricane Reimbursement Grant Program ($50 million)
BILL: SB 4-A Page 2
o Hurricane Stormwater and Wastewater Assistance Grant Program ($100 million)
o DEP administrative costs ($1.5 million).
Provides for the creation of a direct-support organization for the DEM to provide assistance,
funding, and support to DEM in its disaster response, recovery, and relief efforts for natural
emergencies.
The bill takes effect upon becoming a law, except as otherwise provided.
II. Present Situation:
Presidential Disaster and Emergency Declarations
When there is a disaster in the United States, the Governor of an affected state must request an
emergency and major disaster declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act.1 All emergency and disaster declarations are made at the discretion
of the President of the United States.2 There are two types of disaster declarations, emergency
declarations and major disaster declarations.3 Both declarations allow for federal assistance to
states and local governments, however they differ in scope, types, and amount of assistance
available.4
The President can declare an emergency for any occasion where federal assistance is deemed
necessary, and emergency declarations provide emergency services from the federal government
in such cases. The total amount of assistance from an emergency declaration cannot exceed $5
million unless reported to Congress.5
Following a request from the Governor, the President can declare a major disaster for any natural
event, including hurricanes if the President deems that the disaster is of such a severity that it
will exhaust resources available from state and local governments.6 A major disaster declaration
makes a wide range of federal assistance resources available for individuals and states for
emergency and permanent work.7
Hurricane Ian
On September 28, 2022, Hurricane Ian made landfall in southwest Florida as a high-end
Category 4 storm which brought heavy rainfall, deadly storm surge, and extensive wind damage
to Florida.8 The storm maintained sustained winds of 150 mph as it hit the peninsula, tying it for
fifth strongest recorded storm to make landfall in the United States.9 The storm’s combination of
1
2 U.S.C. §§ 5121-5207
2
FEMA, How a Disaster Gets Declared, available at: https://www.fema.gov/disaster/how-declared (last visited Dec. 7,
2022.)
3
Id.
4
Id.
5
Id.
6
Id.
7
Id.
8
National Environmental Satellite Data and Information Service, Hurricane Ian’s Path of Destruction, available at:
https://www.nesdis.noaa.gov/news/hurricane-ians-path-of-destruction (last visited Dec. 2, 2022).
9
Id.
BILL: SB 4-A Page 3
size, severe winds, heavy rainfall, and extraordinary storm surge caused damage and property
loss across Florida, and especially in southwest Florida. After landfall, more than 2.6 million
utility customers were without power.10 Infrastructure in Southwest Florida was significantly
impacted including the washing away of many structures on the barrier islands of Fort Myers
Beach, Captiva, Sanibel, and Pine Island. The sole bridge to Pine Island, as well as the Sanibel
Causeway Bridge, were significantly damaged which cut off access by land to those islands.
According to the National Oceanic and Atmospheric Administration (NOAA), since 1980, five
hurricanes have produced $20+ billion in damage costs in Florida — Andrew (1992), Charley
(2004), Wilma (2005), Irma (2017), and Michael (2018). Hurricanes Andrew and Irma produced
the highest damage totals in Florida with approximately $50 billion for each storm. With damage
assessments still ongoing, Hurricane Ian's impact is anticipated to reach or exceed this level of
total direct costs.11
Days prior to landfall, on September 23, 2022, Governor DeSantis issued Executive Order 22-
218,12 declaring a state of emergency for several counties due to the dangers of Tropical
Depression Nine, which would become Hurricane Ian.13 Governor DeSantis requested an
expedited major disaster declaration on September 28, 2022, and a preliminary damage
assessment quickly determined that the event was of the severity and magnitude that substantial
federal disaster assistance would be necessary. On September 29, 2022, President Biden made a
major disaster declaration for the state of Florida.14 On November 21, 2022, Governor DeSantis
issued Executive order 22-268 which renewed the state of emergency for 60 days.15
Hurricane Nicole
On November 7, 2022, Governor DeSantis issued Executive Order 22-253, declaring a state of
emergency for several counties due to the dangers of subtropical storm Nicole which had formed
east of the Bahamas.16 The storm increased its intensity and made landfall as a Category 1
hurricane near Vero Beach on Florida’s east coast bringing beach erosion, heavy rainfall, and
coastal and river flooding, but decreased to a tropical storm for the majority of the time it
impacted Florida.17 The impacts of Hurricane Nicole on coastal communities exacerbated the
impacts that Hurricane Ian had on the same areas.
10
NOAA, Hurricane Ian Special Summary, available at:
https://www.ncei.noaa.gov/access/monitoring/monthly-report/national/202209/supplemental/page-5 (last visited Dec. 7,
2022).
11
Id.
12
State of Florida Executive Order 22-218, available at: https://www.flgov.com/wp-content/uploads/2022/09/EO-22-218.pdf
(last visited Dec. 2, 2022).
13
Id.
14
FEMA, Declaration of Major Disaster for Hurricane Ian (DR-4673-FL), available at: DR-4673-FL EHP Public Notice
001 | FEMA.gov (last visited December 7, 2022).
15
State of Florida Executive Order 22-218, available at:https://www.flgov.com/wp-content/uploads/2022/11/EO-22-268.pdf
(last visited Dec. 2, 2022).
16
Id.
17
Executive Office of the Governor, Florida Responds to Impacts from Tropical Storm Nicole, available at:
https://www.flgov.com/2022/11/10/florida-responds-to-impacts-from-tropical-storm-nicole/ (last visited Dec. 7, 2022).
BILL: SB 4-A Page 4
Nicole caused significant damage to infrastructure and buildings along the east coast due to
storm surge, as well as beach erosion. Portions of scenic Highway A1A required emergency
repair caused by the erosion eating away at the highway’s shoulder.18 Homes and other
residences were washed away by the ocean due to sand erosion and storm surge.19 Nicole also
caused inland flooding from heavy rainfall causing rivers to jump their banks.20
On November 8, 2022, President Biden made a declaration of emergency for Hurricane Nicole
for Florida,21 making the state eligible for a subset of emergency federal disaster assistance. On
December 2, 2022, Governor DeSantis requested President Biden issue a major disaster
declaration for Florida as a result of Hurricane Nicole and authorize additional federal disaster
assistance.22
FEMA Public Assistance Grant Program
FEMA’s Public Assistance (PA) Grant Program provides funding to states, tribes, local
governments and certain types of private non-profit organizations to assist them in responding to
and recovering from presidentially-declared major disasters or emergencies. PA is intended to
supplement state and local resources when an incident exceeds their ability to respond and
recover. PA is only available after the President declares an emergency or major disaster upon
request by the governor of the affected state. Preliminary damage assessments by FEMA, in
collaboration with state, local, and tribal governments, are used to determine if the estimated cost
of assistance exceeds certain thresholds and whether PA should be authorized. In Florida, once
PA is authorized, the Florida Division of Emergency Management (DEM) becomes the primary
PA grant recipient. State, tribal, and local governments, as well as eligible non-profit entities,
may then apply for funding as “applicants.” Applicants must submit a request for grant funds to
the DEM, which evaluates eligibility for PA with FEMA.23
PA funds are categorized broadly as either “emergency work” or “permanent work.” Within
those two broad categories are separate sub-categories, as provided in the chart below.24
Emergency work25 (Categories A and B) may be authorized under an emergency or major
disaster declaration. It includes efforts undertaken to save lives and protect property and public
health and safety, or to lessen or avert an immediate threat of additional damage. Permanent
18
Id.
19
CNN, Beachfront homes in small Florida community washed away by Hurricane Nicole, available at:
https://www.cnn.com/2022/11/12/us/volusia-county-homes-hurricane-nicole (last visited Dec. 7, 2022).
20
Click Orlando, Nicole causes Halifax River to jump banks, flood portions of Port Orange, available at:
https://www.clickorlando.com/news/local/2022/11/10/hurricane-nicole-causes-halifax-river-to-jump-banks-flooding-
portions-of-port-orange/ (last visited Dec. 7, 2022).
21
FEMA, Declaration of Emergency for Tropical Storm Nicole (3587-EM-FL), FEMA, available at:
https://www.fema.gov/disaster-federal-register-notice/3587-em-fl-initial-notice (last visited Dec. 2, 2022).
22
Executive Office of the Governor, Request for a Major Disaster Declaration (Hurricane Nicole), Dec. 2, 2022, on file with
Committee on Community Affairs.
23
Congressional Research Service, A Brief Overview of FEMA’s Public Assistance Program, available at:
https://crsreports.congress.gov/product/pdf/IF/IF11529 (last visited Dec. 7, 2022).
24
Id.
25
The performance period for emergency work is normally within 6 months after the presidential declaration, unless
extended.
BILL: SB 4-A Page 5
work26 (Categories C–G) may only be authorized under a major disaster declaration. It includes
efforts to repair, restore, reconstruct, or replace disaster-damaged public and eligible private
nonprofit facilities.27
Emergency Work Permanent Work
(Emergency and Major Disaster Declaration) (Major Disaster Declaration only)
Category A: Debris removal28 Category C: Roads and bridges
Category B: Emergency protective measures29 Category D: Water control facilities
Category E: Public buildings/equipment
Category F: Public utilities
Category G: Parks & rec/other facilities
PA Cost-sharing
PA funding is subject to a cost-share, of which the federal share may not be less than 75 percent
of the eligible costs.30 The federal cost share may be increased beyond 75 percent in limited
circumstances, and for limited periods of time, if warranted.31
Florida Statutes provides that in cases where the state accepts federal assistance under the PA
Program, and such assistance requires matching funds, the state will provide the full match
requirement for state agencies and one-half of the required match for local governments.32
However, eligible private non-profits are responsible for the entire required match.
In cases of hardship, local governments can apply to the Executive Office of the Governor for a
partial or complete waiver of the required match amount if the local government applies within
the first 18 months a disaster is declared.33
PA for Hurricanes Ian and Nicole
Hurricane Ian
Hurricane Ian-impacted counties are currently eligible for PA, including both emergency and
permanent work categories.34 The federal government agreed to fund 100 percent of eligible
costs for PA emergency work (debris removal and emergency protective measures) through
26
The performance period for permanent work is normally within 18 months after the presidential declaration, unless
extended.
27
FEMA, Public Assistance Program and Policy Guide, Version 4, p. 140, available at:
https://www.fema.gov/sites/default/files/documents/fema_pappg-v4-updated-links_policy_6-1-2020.pdf (last visited Dec. 7,
2022).
28
Applicants may receive direct assistance or reimbursement for the costs of removing debris and wreckage from public and
private property.
29
Applicants may receive direct assistance and reimbursement for work undertaken to save lives and protect property (e.g.,
search and rescue, emergency transportation, and distribution of food and first aid).
30
Supra note 27 at p. 25.
31
Id.
32
Section 252.37(5)(a), F.S.
33
Section 252.37(5)(b), F.S.
34
See FEMA, Florida Hurricane Ian, Designated Areas: Disaster 4673, available at:
https://www.fema.gov/disaster/4673/designated-areas (last visited Dec. 7, 2022).
BILL: SB 4-A Page 6
December 7, 2022.35 The federal cost-share for emergency work is now 75 percent, consistent
with the other PA categories for Hurricane Ian.
Hurricane Ian PA Eligibility
(as of Dec. 8, 2022)
Emergency Work
Category A: Debris removal 28 counties36
Category B: Emergency protective measures 67 counties
Permanent Work
Category C: Roads and bridges
Category D: Water control facilities
Category E: Public buildings/equipment 28 counties37
Category F: Public utilities
Category G: Parks & rec/other facilities
Hurricane Nicole
Hurricane Nicole-impacted counties are currently eligible for PA, emergency protective
mea