HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 7057 PCB COM 23-03 Natural Emergencies
SPONSOR(S): Appropriations Committee, Commerce Committee, Giallombardo and Botana
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 250
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Commerce Committee 21 Y, 0 N Larkin Hamon
1) Appropriations Committee 27 Y, 0 N, As CS Hicks Pridgeon
SUMMARY ANALYSIS
The bill:
Requires the Division of Emergency Management (DEM) to post on its website a model debris removal contract
for the benefit of local governments and to prioritize technical assistance and training to fiscally constra ined
counties.
Encourages local governments to create emergency financial plans in preparation for major natural disasters.
Provides 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.
Authorizes local governments to create specialized building inspection teams following a natural disaster and
encourages interlocal agreements for additional building inspection services during a state of emergency.
Requires local governments to expedite the issuance of permits following a natural disaster.
Increases the extension of certain building permits following a declaration of a state of emergency from six to 24
months and caps such extension at 48 months in the event of multiple natural emergencies retroactively to
September 28, 2022.
Prohibits counties and municipalities within the disaster declaration for Hurricane Ian or Hurricane Nicole from
increasing building fees until October 1, 2024.
Allows 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.
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 or from adopting more restrictive or burdensome procedures to its comprehensive plan or land
development regulations concerning review, approval, or issuance of a site plan, development permit, or
development order before October 1, 2024 retroactively to September 28, 2022.
Amends the Consultants’ Competitive Negotiation Act to allow for additional disaster -related construction
projects relating to Hurricane Ian to utilize the “continuing contracts” provision through December 31, 2023.
Provides clarification regarding abandoned vessels and their destruction.
Directs DEM to administer a revolving loan program for local government hazard mitigation projects, and
appropriates $1,000,000 in nonrecurring funds from the General Revenue Fund and $10,000,000 in
nonrecurring funds from the Federal Grants Trust Fund for such activity. Such funds will be held in reserve,
contingent upon FEMA approval and release by the Legislative Budget Commission (LBC).
Extends the date for fire control districts to submit the statutorily-required performance reviews in the event of a
natural disaster or a major hurricane.
Makes 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, 20 38. Additionally, the bill
appropriates $50 million in nonrecurring funds from the General Revenue Fund to the program.
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 which arise out of an emergency or disaster.
The bill has a significant fiscal impact on state government and may have an insignificant fiscal impact on local
governments. See Fiscal Analysis section for details.
The bill has an effective date of July 1, 2023, unless otherwise expressly provided.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Emergency Management – Current Situation
The State Emergency Management Act, chapter 252, F.S., was enacted to be the legal framework for
the state’s emergency management activities, recognizing the state’s vulnerability to a wide range of
emergencies, including natural, manmade, and technological disasters. 1 In order to reduce the state’s
vulnerability to these circumstances and to prepare to respond to them, the act promotes the state’s
emergency readiness through enhanced coordination, long-term planning, and adequate funding.2
The act creates the Division of Emergency Management (DEM) within the Executive Office of the
Governor and grants DEM with powers and duties necessary to mitigate the vulnerability of life,
property, and economic prosperity due to natural and manmade disasters. 3 The responsibilities of DEM
include:
Carrying out the State Emergency Management Act;
Maintaining a comprehensive statewide program of emergency management; and
Coordinating with efforts of the federal government with other departments and agencies of state
government, with county and municipal governments and school boards, and with private agencies
that have a role in emergency management. 4
The act also delineates the Governor’s authority to declare a state of emergency, issue executive
orders, and otherwise lead the state during emergencies. If the Governor finds that an emergency5 has
occurred or is imminent, he or she must declare a state of emergency. 6 An executive order or
proclamation of a state of emergency shall identify whether the state of emergency is due to a minor, 7
major,8 or catastrophic 9 disaster.10 The state of emergency must continue until the Governor finds that
the threat or danger has been dealt with to the extent that the emergency conditions no longer exist,
but no state of emergency may continue for longer than 60 days unless renewed by the Governor.11
Additionally, the Legislature may end a state of emergency by passing a concurrent resolution. 12
In a state of emergency, the Governor has broad power to perform necessary actions to ensure
Floridians' health, safety, and welfare. A state of emergency provides the governor with additional
authority not otherwise present, such as the ability to impose curfews, order evacuations, determine
means of ingress and egress to and from affected areas, and commandeer or utilize private property
1 S. 252.311(1), F.S.
2 S. 252.311(2), F.S.
3 Ss. 252.32(1)(a) and 252.34(3), F.S.
4 Ss. 252.35(1) and (2), F.S.
5 “Emergency” means any occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace,
which results or may result in substantial injury or harm to the population or substantial damage to or loss of property. See
s. 252.34(4), F.S.
6 S. 252.36(2), F.S.
7 “Minor disaster” means a disaster that is likely to be within the response capabilities of local government and to result in
only a minimal need for state or federal assistance. See s. 252.34(2)(c), F.S.
8 “Major disaster” means a disaster that will likely exceed local capabilities and require a broad range of state and federal
assistance. See s. 252.34(2)(b), F.S.
9 “Catastrophic disaster” means a disaster that will require massive state and federal assistance, including immediate
military involvement. See s. 252.34(2)(a), F.S.
10 S. 252.36(4)(c), F.S.
11 Supra note 6.
12 S. 252.36(3), F.S.
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subject to compensation.13 To effectively facilitate emergency measures, the Governor has the power
to issue executive orders, proclamations, and rules, which have the force and effect of law. 14
Through this emergency power, the Governor can suspend the provisions of any regulatory statute if
compliance would prevent, hinder, or delay necessary action to deal with the emergency. Further, as
designated by the Governor or in emergency management plans, state agencies, local governments,
and others can make, amend, and rescind orders and rules as necessary for emergency management
purposes. However, these orders and rules cannot conflict with orders of the Governor, DEM, or other
state agencies delegated emergency powers by the Governor.
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.15 All emergency and disaster declarations are made at the discretion of the President
of the United States.16 There are two types of disaster declarations, emergency declarations and major
disaster declarations.17 Both declarations allow for federal assistance to states and local governments,
however they differ in scope, types, and amount of assistance available.18 Primary federal disaster
assistance administered by the Federal Emergency Management Agency (FEMA) is provided via the
Individual Assistance Program and the Public Assistance Grant Program. The scope of an event will
determine which categories within each program are available to affected states.
One component of the Public Assistance Grant Program is the provision of direct assistance or
reimbursement to state and local governments for the costs of removing debris and wreckage from
public and private property.
Emergency Management – Effect of Bill
Temporary Shelters
The bill provides that a county and a municipality must allow for a resident to place a temporary
structure on residential property if the permanent residential structure was damaged and rendered
uninhabitable during a natural emergency19 for which the Governor declared a state of emergency. A
temporary structure includes, but is not limited to, a recreational vehicle, trailer, or similar structure. A
county or a municipality may not prohibit the placement of a temporary structure on the property for up
to 36 months after the date of the declaration of emergency or until a certificate of occupancy is issued
for the permanent residential structure, whichever occurs first, if all the following circumstances apply:
The resident makes a good faith effort to rebuild or renovate the damaged permanent residential
structure, including, but not limited to, applying for a building permit, submitting a plan or design to
the county, or obtaining a construction loan;
The temporary shelter is connected to the water and electric utilities and does not present a threat
to health and human safety; and
The resident lives in the temporary structure.
Local Emergency Financial Plans
The bill encourages local governmental entities to develop an emergency financial plan for major
natural disasters that may impact its jurisdiction. Each financial plan should be based off the likelihood
of each disaster’s occurrence and should also include an estimated cost of the impact and evaluation of
available financial help to the local government, including backup plans to address any gaps in funding
13 See s. 252.36(6), F.S.
14 S. 252.36(1)(b), F.S.
15 2 U.S.C. §§ 5121-5207
16 FEMA, How a Disaster Gets Declared, https://www.fema.gov/disaster/how-declared (last visited April 4, 2023.)
17 Id.
18 Id.
19 “Natural emergency” means an emergency caused by a natural event, including, but not limited to, a hurricane, a storm,
a flood, severe wave action, a drought, or an earthquake. See s. 252.34(8), F.S.
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during the event of a natural disaster. Local governmental entities should annually review their
emergency financial plans to address changes in conditions.
Division of Emergency Management Requirements – Model Contracts, Technical Assistance, Hazard
Mitigation Projects
The bill requires DEM to post an initial model of a local government contract for debris removal to their
website no later than June 1, 2023, and to post an updated model no later than June 1 of each
subsequent year. The bill also requires DEM to prioritize technical assistance and training to fiscally
constrained counties 20 as defined in s. 218.67, F.S., on aspects of safety measures, preparedness,
prevention, response, recovery, and mitigation relating to natural disasters and emergencies .
In addition, the bill requires DEM to administer a revolving loan program for local government hazard
mitigation projects. This provision will allow DEM to receive grant funding from FEMA to administer the
Safeguarding Tomorrow Revolving Loan Fund Program, described in more detail below.
This section is effective upon becoming law.
Safeguarding Tomorrow Revolving Loan Fund Program – Current Situation
The Safeguarding Tomorrow through Ongoing Risk Mitigation (“STORM”) Act, which became federal
law on January 1, 2021, authorizes FEMA to provide capitalization grants to states and federally
recognized tribes to establish revolving loan programs for hazard mitigation. The revolving loan funds
will be used by local governments to fund projects to increase resiliency and mitigate the impacts of
natural hazards including drought; severe storms, hurricanes, tornadoes, windstorms, cyclones, and
severe winter storms; wildfires; earthquakes; flooding; shoreline erosion; high water levels; and storm
surges.21
Under STORM, local governments can apply to the state entity for such loans with an interest rate of no
more than 1 percent, which must be repaid by the local government no later than 20 years after the
date the project is completed, or 30 years for projects in low-income areas.22 STORM represents the
first time that a revolving loan fund has been set up to fund hazard mitigation.
In December 2022, FEMA released the Notice of Funding Opportunity making available $50 million for
revolving loan program funding.23 DEM intends to apply to FEMA by April 28, 2023, for a capitalization
grant to establish a revolving loan program for Florida.24 DEM issued a public notice seeking proposals
from communities to develop a project proposal list to accompany its application to FEMA. 25
Safeguarding Tomorrow Revolving Loan Fund Program – Effect of Bill
20 Each county that is entirely within a rural area of opportunity as designated by the Governor pursuant to s. 288.0656 or
each county for which the value of a mill will raise no more than $5 million in revenue, based on the taxable value certified
pursuant to s. 1011.62(4)(a)1.a., F.S., from the previous July 1, shall be considered a fiscally constrained county. There
are currently 29 fiscally constrained counties.
21 Division of Emergency Management, STORM Revolving Loan Fund - FAQ,
https://www.floridadisaster.org/globalassets/dem/mitigation/storm/storm -rlf-faq-3-13-2023.pdf (last visited April 13, 2023)
22 Id
23 Division of Emergency Management, STORM Revolving Loan Fund,
https://www.floridadisaster.org/dem/mitigation/safeguarding-t omorrow-t hrough-ongoing-risk-mitigation-storm-revolving-
loan-fund/ (last visited April 4, 2023).
24 Id.
25 Division of Emergency Management, Public Notice RE Safeguarding Tomorrow Revolving Loan Fund,
https://www.floridadisaster.org/globalassets/dem/mitigation/storm/storm -rlf-public-notice-3-13-2023.pdf (last visited April 4,
2023).
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The bill appropriates $1 million in nonrecurring funds from the General Revenue Fund and $10 million
in nonrecurring funds from the Federal Grants Trust Fund to DEM to fund the Safeguarding Tomorrow
Revolving Loan Program. DEM may submit a budget amendment to the Legislative Budget
Commission (LBC) to release the funds, which is contingent upon documentation of an award or other
approval by FEMA and DEM’s approved intended use plan for the funds.
Registered Contractors – Current Situation
Construction contractors are either certified or registered by the Construction Industry Licensing Board
(CILB) housed within the Department of Business and Professional Regulation (DBPR). 26 The CILB
consists of 18 members who are appointed by the Governor and confirmed by the Senate.27 The CILB
meets to approve or deny applications for licensure, review disciplinary cases, and conduct informal
hearings relating to discipline.28
"Certified contractors" are individuals who pass the state competency examination and obtain a
certificate of competency issued by DBPR. Certified contractors are able to obtain a certificate of
competency for a specific license category and are permitted to practice in that category in any
jurisdiction in the state.29
“Certified specialty contractors” are contractors whose scope of work is limited to a particular phase of
construction, such as drywall or demolition. Certified specialty contractor licenses are created by the