Florida Senate - 2023                                     SB 2-C
       
       
        
       By Senator Simon
       
       
       
       
       
       3-00002D-23C                                            20232C__
    1                        A bill to be entitled                      
    2         An act relating to disaster relief; creating s.
    3         193.4518, F.S.; defining terms; providing a tangible
    4         personal property assessment limitation, during a
    5         certain timeframe and in certain counties, for certain
    6         agricultural equipment rendered unable to be used due
    7         to Hurricane Idalia; specifying conditions for
    8         applying for and receiving the assessment limitation;
    9         providing procedures for petitioning the value
   10         adjustment board if an application is denied;
   11         providing applicability; providing a sales tax
   12         exemption for the purchase, within a certain timeframe
   13         and in certain counties, of certain fencing materials
   14         used to replace or repair fences damaged by Hurricane
   15         Idalia on agricultural lands; specifying that the
   16         exemption is available only through a refund by the
   17         Department of Revenue of previously paid taxes;
   18         specifying requirements for applying for the refund;
   19         providing criminal penalties for furnishing a false
   20         affidavit; providing construction and retroactive
   21         applicability; authorizing the department to adopt
   22         emergency rules; providing a sales tax exemption for
   23         the purchase, within a certain timeframe and in
   24         certain counties, of building materials used to
   25         replace or repair nonresidential farm buildings
   26         damaged by Hurricane Idalia; specifying that the
   27         exemption is available only through a refund by the
   28         department of previously paid taxes; defining the
   29         terms “building materials” and “nonresidential farm
   30         building”; specifying requirements for applying for
   31         the refund; providing criminal penalties for
   32         furnishing a false affidavit; providing construction
   33         and retroactive applicability; authorizing the
   34         department to adopt emergency rules; providing an
   35         exemption from certain fuel taxes for fuel purchased,
   36         within a certain timeframe, for use for agricultural
   37         shipment or hurricane debris removal after Hurricane
   38         Idalia; specifying that the exemption is available
   39         only through a refund by the department; defining
   40         terms; specifying requirements for applying for the
   41         refund; providing criminal penalties for furnishing a
   42         false affidavit; providing applicability and
   43         construction; providing for retroactive operation;
   44         authorizing the department to adopt emergency rules;
   45         amending s. 215.5586, F.S.; revising legislative
   46         intent; specifying a requirement for the Department of
   47         Financial Services in implementing the My Safe Florida
   48         Home Program; authorizing the department to accept
   49         applications for the program up to the amount of
   50         available funds; providing an appropriation for
   51         certain applications for the program; prohibiting the
   52         department from continuing to accept certain
   53         applications or creating a waiting list in
   54         anticipation of additional funding in the absence of
   55         express authority from the Legislature to do so;
   56         providing an appropriation for administration of the
   57         My Safe program; amending s. 252.37, F.S.; providing
   58         legislative intent; requiring the Division of
   59         Emergency Management and local governments to enter
   60         into certain agreements to receive specified funds;
   61         providing requirements for such agreements; providing
   62         for availability of funds; requiring the division to
   63         report progress on a certain timetable to specified
   64         parties; providing for expiration; providing an
   65         appropriation for the Public Assistance Program;
   66         providing requirements for appropriated funds;
   67         authorizing the undisbursed appropriation to carry
   68         forward to a certain date; amending s. 252.71, F.S.;
   69         extending the date for future review and repeal of
   70         provisions related to the Florida Emergency Management
   71         Assistance Foundation; amending s. 288.066, F.S.;
   72         revising the maximum length of a loan term under the
   73         Local Government Emergency Revolving Bridge Loan
   74         Program; authorizing the Department of Commerce to
   75         amend certain previously executed loan agreements
   76         under certain circumstances; providing an
   77         appropriation for the Hurricane Housing Recovery
   78         Program; requiring such appropriations to be used for
   79         specified purposes; requiring the Florida Housing
   80         Finance Corporation to coordinate with the division
   81         and the Department of Commerce for a specified
   82         purpose; providing an appropriation for hurricane
   83         repair and recovery projects within counties with a
   84         certain Federal Emergency Management Agency disaster
   85         designation; authorizing certain entities to apply for
   86         such appropriated funds; requiring such entities
   87         requesting funding for certain purposes to secure
   88         certain matching funds by the time of making the
   89         application; requiring certain certifications for
   90         applications for appropriated funds; authorizing the
   91         division to request budget amendments up to a
   92         specified amount to fund gaps in certain projects;
   93         requiring the division and certain entities to
   94         coordinate for a specified purpose; specifying
   95         criteria for providing appropriated funds as grants or
   96         loans; requiring reimbursed funds to be deposited into
   97         the General Revenue Fund; providing for appropriations
   98         for the Small County Outreach Program for certain
   99         counties; amending chapter 2023-304, Laws of Florida;
  100         revising a prohibition on counties and municipalities
  101         proposing or adopting certain amendments to their
  102         comprehensive plans or land development regulations;
  103         revising the expiration date of such prohibition;
  104         providing an appropriation for certain planning and
  105         design grants; authorizing certain fiscally
  106         constrained counties to apply for appropriated funds;
  107         requiring the division to prioritize certain
  108         applications; requiring the division to conduct a
  109         certain assessment and consider certain information;
  110         amending s. 288.0655, F.S.; authorizing the Department
  111         of Commerce to award certain grants to certain
  112         fiscally constrained counties; providing a purpose and
  113         eligible uses for such grants; providing for
  114         expiration; providing an appropriation for the grants;
  115         repealing s. 570.82, F.S., relating to Agricultural
  116         Economic Development Program disaster loans and grants
  117         and aid; creating s. 570.822, F.S.; defining terms;
  118         establishing the Agriculture and Aquaculture Producers
  119         Natural Disaster Recovery Loan Program within the
  120         Department of Agriculture and Consumer Services;
  121         providing the purpose of the program; establishing the
  122         authorized use of the loans; requiring that structures
  123         or buildings constructed with loan funds meet certain
  124         standards; requiring the department to adopt such
  125         standards by rule; requiring that the loans be low
  126         interest or interest-free; providing loan limits;
  127         establishing eligibility requirements for loans;
  128         establishing application periods; setting the terms of
  129         repayment; providing for a reduction in the principal
  130         balance by a certain amount each year; restricting the
  131         amount the department may use for deferred loans;
  132         requiring repayment upon the sale of the property
  133         within a certain timeframe; specifying requirements
  134         for the department in administering the program;
  135         requiring the department to create and maintain a
  136         separate account in the General Inspection Trust Fund
  137         for the program; requiring that loan payments be
  138         returned to the loan program; providing that
  139         appropriated funds are not subject to reversion;
  140         requiring the department, or a specified third-party
  141         administrator, to manage the loan fund; requiring the
  142         department to coordinate with certain entities;
  143         requiring the department to adopt rules; requiring the
  144         department to provide an annual report to the
  145         Legislature by a specified date; specifying
  146         requirements for the report; providing for the
  147         expiration of the program on a specified date, unless
  148         reviewed and saved from repeal by the Legislature;
  149         amending s. 201.25, F.S.; exempting loans made by the
  150         Agriculture and Aquaculture Producers Natural Disaster
  151         Recovery Loan Program from certain taxes; requiring
  152         the department to adopt emergency rules to implement
  153         the program; providing for the expiration of such
  154         authority; requiring the Chief Financial Officer to
  155         transfer a specified amount from the General Revenue
  156         Fund to the General Inspection Trust Fund within the
  157         department within a specified timeframe; providing
  158         appropriations for the program and a cost-sharing
  159         grant program for timber landowners in specified
  160         counties; limiting the amount the department may use
  161         to administer the programs; authorizing the department
  162         to adopt emergency rules to implement the cost-sharing
  163         grant program; requiring the department to coordinate
  164         with certain entities; providing an effective date.
  165          
  166  Be It Enacted by the Legislature of the State of Florida:
  167  
  168         Section 1. Section 193.4518, Florida Statutes, is created
  169  to read:
  170         193.4518 Assessment of agricultural equipment rendered
  171  unable to be used due to Hurricane Idalia.—
  172         (1) As used in this section, the term:
  173         (a) “Farm” has the same meaning as provided in s.
  174  823.14(3).
  175         (b) “Farm operation” has the same meaning as provided in s.
  176  823.14(3).
  177         (c) “Unable to be used” means the tangible personal
  178  property was damaged, or the farm, farm operation, or
  179  agricultural processing facility was affected, to such a degree
  180  that the tangible personal property could not be used for its
  181  intended purpose.
  182         (2) For purposes of ad valorem taxation and applying to the
  183  2024 tax roll only, tangible personal property owned and
  184  operated by a farm, a farm operation, or an agriculture
  185  processing facility located in Charlotte, Citrus, Columbia,
  186  Dixie, Gilchrist, Hamilton, Hernando, Jefferson, Lafayette,
  187  Levy, Madison, Manatee, Pasco, Pinellas, Sarasota, Suwannee, or
  188  Taylor County is deemed to have a market value no greater than
  189  its value for salvage if the tangible personal property was
  190  unable to be used for at least 60 days due to the effects of
  191  Hurricane Idalia.
  192         (3) The deadline for an applicant to file an application
  193  with the property appraiser for assessment pursuant to this
  194  section is March 1, 2024.
  195         (4) If the property appraiser denies an application, the
  196  applicant may file, pursuant to s. 194.011(3), a petition with
  197  the value adjustment board which requests that the tangible
  198  personal property be assessed pursuant to this section. Such
  199  petition must be filed on or before the 25th day after the
  200  mailing by the property appraiser during the 2024 calendar year
  201  of the notice required under s. 194.011(1).
  202         (5) This section applies to tax rolls beginning January 1,
  203  2024.
  204         Section 2. Fencing materials purchased for use on
  205  agricultural lands due to Hurricane Idalia damage.—
  206         (1) The purchase of fencing materials used to replace or
  207  repair farm fences on land classified as agricultural under s.
  208  193.461, Florida Statutes, is exempt from the tax imposed under
  209  chapter 212, Florida Statutes, during the period from August 30,
  210  2023, through June 30, 2024, if the fencing materials will be or
  211  were used to replace or repair fences located in Charlotte,
  212  Citrus, Columbia, Dixie, Gilchrist, Hamilton, Hernando,
  213  Jefferson, Lafayette, Levy, Madison, Manatee, Pasco, Pinellas,
  214  Sarasota, Suwannee, or Taylor County that were damaged as a
  215  direct result of the impact of Hurricane Idalia. The exemption
  216  provided by this section is available only through a refund from
  217  the Department of Revenue of previously paid taxes.
  218         (2) To receive a refund pursuant to this section, the owner
  219  of the fencing materials or the real property into which the
  220  fencing materials were incorporated must apply to the Department
  221  of Revenue by December 31, 2024. The refund application must
  222  include the following information:
  223         (a) The name and address of the person claiming the refund.
  224         (b) The address and assessment roll parcel number of the
  225  agricultural land on which the fencing materials were or will be
  226  used.
  227         (c) The sales invoice or other proof of purchase of the
  228  fencing materials which shows the amount of sales tax paid, the
  229  date of purchase, and the name and address of the dealer from
  230  whom the materials were purchased.
  231         (d) An affidavit executed by the owner of the fencing
  232  materials or the real property into which the fencing materials
  233  were or will be incorporated, including a statement that the
  234  fencing materials were or will be used to replace or repair
  235  fencing damaged as a direct result of the impact of Hurricane
  236  Idalia.
  237         (3) A person furnishing a false affidavit to the Department
  238  of Revenue pursuant to subsection (2) is subject to the
  239  penalties set forth in s. 212.085, Florida Statutes, and as
  240  otherwise authorized by law.
  241         (4) This section is deemed a revenue law for the purposes
  242  of ss. 213.05 and 213.06, Florida Statutes, and s. 72.011,
  243  Florida Statutes, applies to this section.
  244         (5) This section operates retroactively to August 30, 2023.
  245         (6) The Department of Revenue is authorized, and all
  246  conditions are deemed met, to adopt emergency rules pursuant to
  247  s. 120.54(4), Florida Statutes, for the purpose of implementing
  248  this section. Notwithstanding any other provision of law,
  249  emergency rules adopted pursuant to this subsection are
  250  effective until December 31, 2024, and may be renewed during the
  251  pendency of procedures to adopt permanent rules addressing the
  252  subject of the emergency rules.
  253         Section 3. Building materials used to replace or repair
  254  nonresidential farm buildings damaged by Hurricane Idalia.—
  255         (1) Building materials used to replace or repair a
  256  nonresidential farm building located in Charlotte, Citrus,
  257  Columbia, Dixie, Gilchrist, Hamilton, Hernando, Jefferson,
  258  Lafayette, Levy, Madison, Manatee, Pasco, Pinellas, Sarasota,
  259  Suwannee, or Taylor County that was damaged as a direct result
  260  of the impact of Hurricane Idalia and purchased during the
  261  period from August 30, 2023, through June 30, 2024, are exempt
  262  from the tax imposed under chapter 212, Florida Statutes. The
  263  exemption provided by this section is available only through a
  264  refund from the Department of Revenue of previously paid taxes.
  265         (2) As used in this section, the term:
  266         (a) “Building materials” means tangible personal property
  267  that becomes a component part of a nonresidential farm building.
  268         (b) “Nonresidential farm building” has the same meaning as
  269  provided in s. 604.50(2), Florida Statutes.
  270         (3) To receive a refund pursuant to this section, the owner
  271  of the building materials or of the real property into which the
  272  building materials will be or were incorporated must apply to
  273  the Department of Revenue by December 31, 2024. The refund
  274  application must include all of the following information:
  275         (a) The name and address of the person claiming the refund.
  276         (b) The address and assessment roll parcel number of the
  277  real property where the building materials were or will be used.
  278         (c) The sales invoice or other proof of purchase of the
  279  building materials which shows the amount of sales tax paid, the
  280  date of purchase, and the name and address of the dealer from
  281  whom the materials were purchased.
  282         (d) An affidavit executed by the owner of the building
  283  materials or the real property into which the building materials
  284  will be or were incorporated, including a statement that the
  285  building materials were or will be used to replace or repair the
  286  nonresidential farm building damaged as a direct result of the
  287  impact of Hurricane Idalia.
  288         (4) A person furnishing a false affidavit to the Department
  289  of Revenue pursuant to subsection (3) is subject to the
  290  penalties set forth in s. 212.085, Florida Statutes, and as
  291  otherwise provided by law.
  292         (5) This section is deemed a revenue law for the purposes
  293  of ss. 213.05 and 213.06, Florida Statutes, and s. 72.011,
  294  Florida Statutes, applies to this section.
  295         (6) This section operates retroactively to August 30, 2023.
  296         (7) The Department of Revenue is authorized, and all
  297  conditions are deemed met, to adopt emergency rules pursuant to
  298  s. 120.54(4), Florida Statutes, for the purpose of implementing
  299  this section. Notwithstanding any other provision of law,
  300  emergency rules adopted pursuant to this subsection are
  301  effective until December 31, 2024, and may be renewed during the
  302  pendency of procedures to adopt permanent rules addressing the
  303  subject of the emergency rules.
  304         Section 4. Refund of taxes on fuel used for agricultural
  305  shipment or hurricane debris removal after Hurricane Idalia.—
  306         (1) Fuel purchased and used in this state during the period
  307  from August 30, 2023, through June 30, 2024, which is or was
  308  used in any motor vehicle driven or operated upon the public
  309  highways of this state for agricultural shipment or hurricane
  310  debris removal is exempt from all state and county taxes
  311  authorized or imposed under parts I and II of chapter 206,
  312  Florida Statutes, excluding the taxes imposed under s.
  313  206.41(1)(a) and (h), Florida Statutes. The exemption provided
  314  by this section is available to the fuel purchaser in an amount
  315  equal to the fuel tax imposed on fuel that was purchased for
  316  agricultural shipment or hurricane debris removal during the
  317  period from August 30, 2023, through June 30, 2024. The
  318  exemption provided by this section is only available through a
  319  refund from the Department of Revenue.
  320         (2) As used in this section, the term:
  321         (a) “Agricultural processing or storage facility” means
  322  property used or useful in separating, cleaning, processing,
  323  converting, packaging, handling, storing, and other activities
  324  necessary to prepare crops, livestock, related products, and
  325  other products of agriculture, and includes nonfarm facilities
  326  that produce agricultural products, in whole or in part, through
  327  natural processes, animal husbandry, and apiaries.
  328         (b) “Agricultural product” means the natural products of a
  329  farm, nursery, forest, grove, orchard, vineyard, garden, or
  330  apiary, including livestock as defined in s. 585.01, Florida
  331  Statutes.
  332         (c) “Agricultural shipment” means the transport of any
  333  agricultural product from a farm, nursery, forest, grove,
  334  orchard, vineyard, garden, or apiary located in Charlotte,
  335  Citrus, Columbia, Dixie, Gilchrist, Hamilton, Hernando,
  336  Jefferson, Lafayette, Levy, Madison, Manatee, Pasco, Pinellas,
  337  Sarasota, Suwannee, or Taylor County to an agricultural
  338  processing or storage facility.
  339         (d) “Fuel” means motor fuel or diesel fuel, as those terms
  340  are defined in ss. 206.01(9) and 206.86(1), Florida Statutes,
  341  respectively.
  342         (e) “Fuel tax” means all state and county taxes authorized
  343  or imposed on fuel under chapter 206, Florida Statutes.
  344         (f) “Hurricane debris removal” means the transport of
  345  Hurricane Idalia debris from a farm, nursery, forest, grove,
  346  orchard, vineyard, garden, or apiary located in Charlotte,
  347  Citrus, Columbia, Dixie, Gilchrist, Hamilton, Hernando,
  348  Jefferson, Lafayette, Levy, Madison, Manatee, Pasco, Pinellas,
  349  Sarasota, Suwannee, or Taylor County.
  350         (g) “Motor vehicle” has the same meaning as provided in s.
  351  206.01(23), Florida Statutes.
  352         (h) “Public highways” has the same meaning as provided in
  353  s. 206.01(11), Florida Statutes.
  354         (3) To receive a refund pursuant to this section, the fuel
  355  purchaser must apply to the Department of Revenue by December
  356  31, 2024. The refund application must include all of the
  357  following information:
  358         (a) The name and address of the person claiming the refund.
  359         (b) The names and addresses of up to three owners of farms,
  360  nurseries, forests, groves, orchards, vineyards, gardens, or
  361  apiaries whose agricultural products were shipped or hurricane
  362  debris was removed by the person seeking the refund pursuant to
  363  this section.
  364         (c) The sales invoice or other proof of purchase of the
  365  fuel which shows the number of gallons of fuel purchased, the
  366  type of fuel purchased, the date of purchase, and the name and
  367  place of business of the dealer from whom the fuel was
  368  purchased.
  369         (d) The license number or other identification number of
  370  the motor vehicle that used the exempt fuel.
  371         (e) An affidavit executed by the person seeking the refund
  372  pursuant to this section, including a statement that he or she
  373  purchased and used the fuel for which the refund is being
  374  claimed during the period from August 30, 2023, through June 30,
  375  2024, for an agricultural shipment or hurricane debris removal.
  376         (4) A person furnishing a false affidavit to the Department
  377  of Revenue pursuant to subsection (3) is subject to the
  378  penalties set forth in s. 206.11, Florida Statutes, and as
  379  otherwise provided by law.
  380         (5) The tax imposed under s. 212.0501, Florida Statutes,
  381  does not apply to fuel that is exempt under this section and for
  382  which a fuel purchaser received a refund under this section.
  383         (6) This section is deemed a revenue law for the purposes
  384  of ss. 213.05 and 213.06, Florida Statutes, and s. 72.011,
  385  Florida Statutes, applies to this section.
  386         (7) This section operates retroactively to August 30, 2023.
  387         (8) The Department of Revenue is authorized, and all
  388  conditions are deemed met, to adopt emergency rules pursuant to
  389  s. 120.54(4), Florida Statutes, for the purpose of implementing
  390  this section. Notwithstanding any other provision of law,
  391  emergency rules adopted pursuant to this subsection are
  392  effective until December 31, 2024, and may be renewed during the
  393  pendency of procedures to adopt permanent rules addressing the
  394  subject of the emergency rules.
  395         Section 5. Section 215.5586, Florida Statutes, is amended
  396  to read:
  397         215.5586 My Safe Florida Home Program.—There is established
  398  within the Department of Financial Services the My Safe Florida
  399  Home Program. The department shall provide fiscal
  400  accountability, contract management, and strategic leadership
  401  for the program, consistent with this section. This section does
  402  not create an entitlement for property owners or obligate the
  403  state in any way to fund the inspection or retrofitting of
  404  residential property in this state. Implementation of this
  405  program is subject to annual legislative appropriations. It is
  406  the intent of the Legislature that, subject to the availability
  407  of funds, the My Safe Florida Home Program provide licensed
  408  inspectors to perform inspections for owners of site-built,
  409  single-family, residential properties and grants to eligible
  410  applicants as funding allows. The department shall implement the
  411  program in such a manner that the total amount of funding
  412  requested by accepted applications, whether for inspections,
  413  grants, or other services or assistance, does not exceed the
  414  total amount of available funds. If, after applications are
  415  processed and approved, funds remain available, the department
  416  may accept applications up to the available amount. The program
  417  shall develop and implement a comprehensive and coordinated
  418  approach for hurricane damage mitigation that may include the
  419  following:
  420         (1) HURRICANE MITIGATION INSPECTIONS.—
  421         (a) Licensed inspectors are to provide home inspections of
  422  site-built, single-family, residential properties for which a
  423  homestead exemption has been granted, to determine what
  424  mitigation measures are needed, what insurance premium discounts
  425  may be available, and what improvements to existing residential
  426  properties are needed to reduce the property’s vulnerability to
  427  hurricane damage. An inspector may inspect a townhouse as
  428  defined in s. 481.203 to determine if opening protection
  429  mitigation as listed in paragraph (2)(e) would provide
  430  improvements to mitigate hurricane damage.
  431         (b) The Department of Financial Services shall contract
  432  with wind certification entities to provide hurricane mitigation
  433  inspections. The inspections provided to homeowners, at a
  434  minimum, must include:
  435         1. A home inspection and report that summarizes the results
  436  and identifies recommended improvements a homeowner may take to
  437  mitigate hurricane damage.
  438         2. A range of cost estimates regarding the recommended
  439  mitigation improvements.
  440         3. Information regarding estimated premium discounts,
  441  correlated to the current mitigation features and the
  442  recommended mitigation improvements identified by the
  443  inspection.
  444         (c) To qualify for selection by the department as a wind
  445  certification entity to provide hurricane mitigation
  446  inspections, the entity must, at a minimum, meet the following
  447  requirements:
  448         1. Use hurricane mitigation inspectors who are licensed or
  449  certified as:
  450         a. A building inspector under s. 468.607;
  451         b. A general, building, or residential contractor under s.
  452  489.111;
  453         c. A professional engineer under s. 471.015;
  454         d. A professional architect under s. 481.213; or
  455         e. A home inspector under s. 468.8314 and who have
  456  completed at least 3 hours of hurricane mitigation training
  457  approved by the Construction Industry Licensing Board, which
  458  training must include hurricane mitigation techniques,
  459  compliance with the uniform mitigation verification form, and
  460  completion of a proficiency exam.
  461         2. Use hurricane mitigation inspectors who also have
  462  undergone drug testing and a background screening. The
  463  department may conduct criminal record checks of inspectors used
  464  by wind certification entities. Inspectors must submit a set of
  465  fingerprints to the department for state and national criminal
  466  history checks and must pay the fingerprint processing fee set
  467  forth in s. 624.501. The fingerprints must be sent by the
  468  department to the Department of Law Enforcement and forwarded to
  469  the Federal Bureau of Investigation for processing. The results
  470  must be returned to the department for screening. The
  471  fingerprints must be taken by a law enforcement agency,
  472  designated examination center, or other department-approved
  473  entity.
  474         3. Provide a quality assurance program including a
  475  reinspection component.
  476         (d) An application for an inspection must contain a signed
  477  or electronically verified statement made under penalty of
  478  perjury that the applicant has submitted only a single
  479  application for that home.
  480         (e) The owner of a site-built, single-family, residential
  481  property or townhouse as defined in s. 481.203, for which a
  482  homestead exemption has been granted, may apply for and receive
  483  an inspection without also applying for a grant pursuant to
  484  subsection (2) and without meeting the requirements of paragraph
  485  (2)(a).
  486         (2) MITIGATION GRANTS.—Financial grants shall be used to
  487  encourage single-family, site-built, owner-occupied, residential
  488  property owners to retrofit their properties to make them less
  489  vulnerable to hurricane damage.
  490         (a) For a homeowner to be eligible for a grant, the
  491  following criteria must be met:
  492         1. The homeowner must have been granted a homestead
  493  exemption on the home under chapter 196.
  494         2. The home must be a dwelling with an insured value of
  495  $700,000 or less. Homeowners who are low-income persons, as
  496  defined in s. 420.0004(11), are exempt from this requirement.
  497         3. The home must undergo an acceptable hurricane mitigation
  498  inspection as provided in subsection (1).
  499         4. The building permit application for initial construction
  500  of the home must have been made before January 1, 2008.
  501         5. The homeowner must agree to make his or her home
  502  available for inspection once a mitigation project is completed.
  503  
  504  An application for a grant must contain a signed or
  505  electronically verified statement made under penalty of perjury
  506  that the applicant has submitted only a single application and
  507  must have attached documents demonstrating the applicant meets
  508  the requirements of this paragraph.
  509         (b) All grants must be matched on the basis of $1 provided
  510  by the applicant for $2 provided by the state up to a maximum
  511  state contribution of $10,000 toward the actual cost of the
  512  mitigation project.
  513         (c) The program shall create a process in which contractors
  514  agree to participate and homeowners select from a list of
  515  participating contractors. All mitigation must be based upon the
  516  securing of all required local permits and inspections and must
  517  be performed by properly licensed contractors. Hurricane
  518  mitigation inspectors qualifying for the program may also
  519  participate as mitigation contractors as long as the inspectors
  520  meet the department’s qualifications and certification
  521  requirements for mitigation contractors.
  522         (d) Matching fund grants shall also be made available to
  523  local governments and nonprofit entities for projects that will
  524  reduce hurricane damage to single-family, site-built, owner
  525  occupied, residential property. The department shall liberally
  526  construe those requirements in favor of availing the state of
  527  the opportunity to leverage funding for the My Safe Florida Home
  528  Program with other sources of funding.
  529         (e) When recommended by a hurricane mitigation inspection,
  530  grants for eligible homes may be used for the following
  531  improvements:
  532         1. Opening protection.
  533         2. Exterior doors, including garage doors.
  534         3. Reinforcing roof-to-wall connections.
  535         4. Improving the strength of roof-deck attachments.
  536         5. Secondary water barrier for roof.
  537         (f) When recommended by a hurricane mitigation inspection,
  538  grants for townhouses, as defined in s. 481.203, may only be
  539  used for opening protection.
  540  
  541  The department may require that improvements be made to all
  542  openings, including exterior doors and garage doors, as a
  543  condition of reimbursing a homeowner approved for a grant. The
  544  department may adopt, by rule, the maximum grant allowances for
  545  any improvement allowable under paragraph (e) or this paragraph.
  546         (g) Grants may be used on a previously inspected existing
  547  structure or on a rebuild. A rebuild is defined as a site-built,
  548  single-family dwelling under construction to replace a home that
  549  was destroyed or significantly damaged by a hurricane and deemed
  550  unlivable by a regulatory authority. The homeowner must be a
  551  low-income homeowner as defined in paragraph (h), must have had
  552  a homestead exemption for that home before the hurricane, and
  553  must be intending to rebuild the home as that homeowner’s
  554  homestead.
  555         (h) Low-income homeowners, as defined in s. 420.0004(11),
  556  who otherwise meet the requirements of paragraphs (a), (c), (e),
  557  and (g) are eligible for a grant of up to $10,000 and are not
  558  required to provide a matching amount to receive the grant. The
  559  program may accept a certification directly from a low-income
  560  homeowner that the homeowner meets the requirements of s.
  561  420.0004(11) if the homeowner provides such certification in a
  562  signed or electronically verified statement made under penalty
  563  of perjury.
  564         (i) The department shall develop a process that ensures the
  565  most efficient means to collect and verify grant applications to
  566  determine eligibility and may direct hurricane mitigation
  567  inspectors to collect and verify grant application information
  568  or use the Internet or other electronic means to collect
  569  information and determine eligibility.
  570         (3) EDUCATION, CONSUMER AWARENESS, AND OUTREACH.—
  571         (a) The department may undertake a statewide multimedia
  572  public outreach and advertising campaign to inform consumers of
  573  the availability and benefits of hurricane inspections and of
  574  the safety and financial benefits of residential hurricane
  575  damage mitigation. The department may seek out and use local,
  576  state, federal, and private funds to support the campaign.
  577         (b) The program may develop brochures for distribution to
  578  Citizens Property Insurance Corporation, general contractors,
  579  roofing contractors, and real estate brokers and sales
  580  associates who are licensed under part I of chapter 475 which
  581  provide information on the benefits to homeowners of residential
  582  hurricane damage mitigation. Citizens Property Insurance
  583  Corporation is encouraged to distribute the brochure to
  584  policyholders of the corporation. Contractors are encouraged to
  585  distribute the brochures to homeowners at the first meeting with
  586  a homeowner who is considering contracting for home or roof
  587  repair or contracting for the construction of a new home. Real
  588  estate brokers and sales associates are encouraged to distribute
  589  the brochure to clients before the purchase of a home. The
  590  brochures may be made available electronically.
  591         (4) FUNDING.—The department may seek out and leverage
  592  local, state, federal, or private funds to enhance the financial
  593  resources of the program.
  594         (5) RULES.—The Department of Financial Services shall adopt
  595  rules pursuant to ss. 120.536(1) and 120.54 to govern the
  596  program; implement the provisions of this section; including
  597  rules governing hurricane mitigation inspections and grants,
  598  mitigation contractors, and training of inspectors and
  599  contractors; and carry out the duties of the department under
  600  this section.
  601         (6) HURRICANE MITIGATION INSPECTOR LIST.—The department
  602  shall develop and maintain as a public record a current list of
  603  hurricane mitigation inspectors authorized to conduct hurricane
  604  mitigation inspections pursuant to this section.
  605         (7) CONTRACT MANAGEMENT.—
  606         (a) The department may contract with third parties for
  607  grants management, inspection services, contractor services for
  608  low-income homeowners, information technology, educational
  609  outreach, and auditing services. Such contracts are considered
  610  direct costs of the program and are not subject to
  611  administrative cost limits. The department shall contract with
  612  providers that have a demonstrated record of successful business
  613  operations in areas directly related to the services to be
  614  provided and shall ensure the highest accountability for use of
  615  state funds, consistent with this section.
  616         (b) The department shall implement a quality assurance and
  617  reinspection program that determines whether initial inspections
  618  and home improvements are completed in a manner consistent with
  619  the intent of the program. The department may use valid random
  620  sampling in order to perform the quality assurance portion of
  621  the program.
  622         (8) INTENT.—It is the intent of the Legislature that grants
  623  made to residential property owners under this section shall be
  624  considered disaster-relief assistance within the meaning of s.
  625  139 of the Internal Revenue Code of 1986, as amended.
  626         (9) REPORTS.—The department shall make an annual report on
  627  the activities of the program that shall account for the use of
  628  state funds and indicate the number of inspections requested,
  629  the number of inspections performed, the number of grant
  630  applications received, the number and value of grants approved,
  631  and the estimated average annual amount of insurance premium
  632  discounts and total estimated annual amount of insurance premium
  633  discounts homeowners received from insurers as a result of
  634  mitigation funded through the program. The report must be
  635  delivered to the President of the Senate and the Speaker of the
  636  House of Representatives by February 1 of each year.
  637         Section 6. (1) For the 2023-2024 fiscal year, the sum of
  638  $176,170,000 in nonrecurring funds is appropriated from the
  639  General Revenue Fund to the Department of Financial Services to
  640  provide mitigation grants pursuant to s. 215.5586(2), Florida
  641  Statutes, under the My Safe Florida Home Program. Funds must be
  642  used for applications submitted on or before October 15, 2023.
  643  The department may not continue to accept applications or to
  644  create a waiting list in anticipation of additional funding
  645  unless the Legislature provides express authority to implement
  646  such actions.
  647         (2) For the 2023-2024 fiscal year, the sum of $5,285,100 in
  648  nonrecurring funds is appropriated from the General Revenue Fund
  649  to the Department of Financial Services for administrative costs
  650  related to implementation of mitigation grants pursuant to s.
  651  215.5586(2), Florida Statutes, under the My Safe Florida Home
  652  Program.
  653         Section 7. Paragraph (d) is added to subsection (5) of
  654  section 252.37, Florida Statutes, to read:
  655         252.37 Financing.—
  656         (5) Unless otherwise specified in the General
  657  Appropriations Act:
  658         (d) Subject to appropriation, and notwithstanding paragraph
  659  (a), the Legislature intends to provide the entire match
  660  requirement for Public Assistance Program grants to local
  661  governments within a county designated for individual assistance
  662  and public assistance (categories A-G) in the Federal Emergency
  663  Management Agency disaster declaration for Hurricane Idalia.
  664  Such local governments must enter into agreements with the
  665  division to have their portions of the match requirements waived
  666  and must agree to use an equal amount of funds toward further
  667  disaster recovery or mitigation. Funds shall be allocated on a
  668  first-come, first-served basis. Notwithstanding paragraph (a), a
  669  local government in an agreement with the division under this
  670  paragraph is not required to provide one-half of the required
  671  match before it receives Public Assistance Program financial
  672  assistance. The division shall report quarterly to the Executive
  673  Office of the Governor and the chair of each legislative
  674  appropriations committee on the amount of match requirements
  675  waived, agreements entered into with local governments, and the
  676  amount of remaining appropriated funds. This paragraph expires
  677  June 30, 2028.
  678         Section 8. For the 2023-2024 fiscal year, the nonrecurring
  679  sum of $30 million from the General Revenue Fund is appropriated
  680  to the Division of Emergency Management within the Executive
  681  Office of the Governor to provide the match requirement for
  682  Public Assistance Program grants pursuant to s. 252.37(5)(d),
  683  Florida Statutes, as created by this act. Appropriated funds may
  684  only be used to meet federal match requirements as provided in
  685  s. 252.37(5)(d), Florida Statutes, as created by this act.
  686  Notwithstanding s. 216.301, Florida Statutes, and pursuant to s.
  687  216.351, Florida Statutes, the balance of this appropriation
  688  which is not disbursed by June 30, 2024, may be carried forward
  689  for up to 5 years after the effective date of this act.
  690         Section 9. Subsection (8) of section 252.71, Florida
  691  Statutes, is amended to read:
  692         252.71 Florida Emergency Management Assistance Foundation.—
  693         (8) This section is repealed October 1, 2027 December 31,
  694  2024, unless reviewed and saved from repeal by the Legislature.
  695         Section 10. Paragraph (c) of subsection (3) of section
  696  288.066, Florida Statutes, is amended to read:
  697         288.066 Local Government Emergency Revolving Bridge Loan
  698  Program.—
  699         (3) LOAN TERMS.—
  700         (c) The term of the loan is up to 5 years 24 months.
  701  However, the department may extend loan terms for up to 6 months
  702  based on the local government’s financial condition.
  703         Section 11. The Department of Commerce is authorized to
  704  amend a loan agreement executed before November 1, 2023, and
  705  made pursuant to s. 288.066, Florida Statutes, in order to
  706  increase the loan term to a total of 5 years from the original
  707  date of execution, as authorized by this act, upon request of
  708  the local government and as determined by the department to be
  709  in the best interests of the state.
  710         Section 12. (1) For the 2023-2024 fiscal year, the
  711  nonrecurring sum of $25 million from the Local Government
  712  Housing Trust Fund is appropriated in the Affordable Housing for
  713  Hurricane Recovery appropriation category to the Florida Housing
  714  Finance Corporation. The corporation shall use these funds for
  715  hurricane recovery purposes through the Hurricane Housing
  716  Recovery Program, to be administered in accordance with part VII
  717  of chapter 420, Florida Statutes, for eligible counties and
  718  municipalities based on Hurricane Idalia Federal Emergency
  719  Management Agency damage assessment data and population.
  720  Hurricane recovery purposes may include, but are not limited to,
  721  any of the following:
  722         (a) Site preparation, demolition, repair, and replacement
  723  of housing.
  724         (b) Repair, replacement, and relocation assistance for
  725  manufactured homes.
  726         (c) Acquisition of building materials for home repair and
  727  construction.
  728         (d) Assistance to homeowners to pay insurance deductibles.
  729         (e) Down payment assistance.
  730         (f) Housing reentry assistance, such as security deposits,
  731  utility deposits, and temporary storage of household
  732  furnishings.
  733         (2) The Florida Housing Finance Corporation shall
  734  coordinate with the Division of Emergency Management within the
  735  Executive Office of the Governor and the Department of Commerce
  736  to prevent duplication of benefits related to other state or
  737  federal programs for recipients of funds appropriated under this
  738  section.
  739         Section 13. (1) For the 2023-2024 fiscal year, the
  740  nonrecurring sum of $50 million from the General Revenue Fund is
  741  appropriated to the Division of Emergency Management within the
  742  Executive Office of the Governor to provide grants or loans for
  743  hurricane repair and recovery projects within counties
  744  designated for individual assistance and public assistance
  745  (categories A-G) in the Federal Emergency Management Agency
  746  disaster declaration for Hurricane Idalia. Local governments,
  747  independent special districts, and school boards, including
  748  charter schools, may apply to the division for the appropriated
  749  funds in a manner designated by the division. At the time of the
  750  application, a local government, an independent special
  751  district, or a school board requesting funding for
  752  infrastructure repair projects, beach renourishment projects, or
  753  dredging of public waterway projects must have secured matching
  754  funds of at least 50 percent of the project costs. The matching
  755  requirement for a project within a fiscally constrained county
  756  may be waived.
  757         (2) Applications to the division must contain a
  758  certification that includes, but is not limited to, both of the
  759  following statements:
  760         (a) That the funding requested is necessary to maintain
  761  services or infrastructure essential to support health, safety,
  762  and welfare functions, and to reimburse the local government,
  763  independent special district, or school board for unanticipated
  764  expenses related to responding to Hurricane Idalia or for the
  765  loss of revenues related to the impact of Hurricane Idalia.
  766         (b) That insufficient state funds, federal funds, private
  767  funds, or insurance proceeds are available and that should
  768  sufficient funds subsequently become available to meet the need
  769  of the original application, the local government or entity will
  770  reimburse the state in the amount of such funds subsequently
  771  received.
  772         (3) The division is authorized to request budget amendments
  773  up to $50 million which request the release of funds pursuant to
  774  chapter 216, Florida Statutes, to provide resources to fund gaps
  775  in the following projects:
  776         (a) Mitigation of local and county revenue losses and
  777  operating deficits.
  778         (b) Infrastructure repair and replacement, including road,
  779  sewer, and water facilities.
  780         (c) Beach renourishment.
  781         (d) Debris removal.
  782         (e) Dredging of public waterways.
  783         (4) The division shall coordinate with other state agencies
  784  and the local government, independent special district, or
  785  school board to ensure there is no duplication of benefits
  786  between these funds and other funding sources, such as insurance
  787  proceeds and any other federal or state programs, including
  788  Public Assistance Program requests to the Federal Emergency
  789  Management Agency and Community Development Block Grant Disaster
  790  Recovery grants. Applications approved by the division for
  791  funding which are for projects ineligible for any other funding
  792  sources, whether federal or state programs, may be provided as
  793  grants. Funding for requests approved by the division, which
  794  requests are for projects eligible for other funding sources,
  795  must be provided as loans that must be repayable up to the
  796  amount of other funding sources subsequently received. Any funds
  797  reimbursed to the state must be deposited in the General Revenue
  798  Fund.
  799         Section 14. For the 2023-2024 fiscal year, the nonrecurring
  800  sum of $10 million from the State Transportation Trust Fund is
  801  appropriated to the Department of Transportation for
  802  transportation projects under the Small County Outreach Program
  803  under s. 339.2818, Florida Statutes, within counties designated
  804  for individual assistance and public assistance (categories A-G)
  805  in the Federal Emergency Management Agency disaster declaration
  806  for Hurricane Idalia.
  807         Section 15. Section 14 of chapter 2023-304, Laws of
  808  Florida, is amended to read:
  809         Section 14. (1) Due to the impacts of Hurricane Ian,
  810  Charlotte, Collier, Desoto, Glades, Hardee, Hendry, Highlands,
  811  Lee, Manatee, and Sarasota Counties, and any a county or
  812  municipality located within one of those counties, may entirely
  813  or partially within 100 miles of where either Hurricane Ian or
  814  Hurricane Nicole made landfall shall not propose or adopt any
  815  moratorium on construction, reconstruction, or redevelopment of
  816  any property damaged by Hurricane Ian or Hurricane Nicole;
  817  propose or adopt more restrictive or burdensome amendments to
  818  its comprehensive plan or land development regulations; or
  819  propose or adopt more restrictive or burdensome procedures
  820  concerning review, approval, or issuance of a site plan,
  821  development permit, or development order, to the extent that
  822  those terms are defined by s. 163.3164, Florida Statutes, before
  823  October 1, 2026 2024, and any such moratorium or restrictive or
  824  burdensome comprehensive plan amendment, land development
  825  regulation, or procedure shall be null and void ab initio. This
  826  subsection applies retroactively to September 28, 2022.
  827         (2) Notwithstanding subsection (1), any comprehensive plan
  828  amendment, land development regulation amendment, site plan,
  829  development permit, or development order approved or adopted by
  830  a county or municipality before or after the effective date of
  831  this section may be enforced if:
  832         (a) The associated application is initiated by a private
  833  party other than the county or municipality.
  834         (b) The property that is the subject of the application is
  835  owned by the initiating private party.
  836         (3) This section shall take effect upon becoming a law and
  837  expire June 30, 2027 2025.
  838         Section 16. (1) For the 2023-2024 fiscal year, the
  839  nonrecurring sum of $3 million in Fixed Capital Outlay from the
  840  General Revenue Fund is appropriated to the Division of
  841  Emergency Management within the Executive Office of the Governor
  842  to provide planning and design grants for new facilities for
  843  emergency operations to the following fiscally constrained
  844  counties impacted by Hurricane Idalia: Columbia, Dixie,
  845  Gilchrist, Hamilton, Jefferson, Lafayette, Levy, Madison,
  846  Suwannee, and Taylor counties.
  847         (2) Such fiscally constrained counties may apply to the
  848  division in a manner designated by the division for a grant to
  849  be used for engineering, planning, and design services. The
  850  division shall prioritize applications for grants that will fund
  851  public safety complexes, combining emergency operations, fire
  852  services, police services, emergency medical services, or
  853  dispatch in one facility.
  854         (3) The division must also conduct an assessment of need of
  855  the applicants and award grants based on the greatest need. The
  856  division, in awarding a grant, shall consider all of the
  857  following information:
  858         (a) Whether current structures are damaged or unsafe.
  859         (b) Whether current structures are aged or appropriately
  860  hurricane rated for the geographic location or proposed site.
  861         (c) The need for a consolidated and updated facility.
  862         (d) Whether the proposed facility can be expanded in the
  863  future as population increases or needs of the locality change.
  864         Section 17. Subsection (7) is added to section 288.0655,
  865  Florida Statutes, to read:
  866         288.0655 Rural Infrastructure Fund.—
  867         (7) For the 2023-2024 fiscal year, the Department of
  868  Commerce may award grants for the following fiscally constrained
  869  counties impacted by Hurricane Idalia: Columbia, Dixie,
  870  Gilchrist, Hamilton, Jefferson, Lafayette, Levy, Madison,
  871  Suwannee, and Taylor. The purpose of the grants is to facilitate
  872  the planning, preparing, and financing of infrastructure
  873  projects. Eligible uses of the grants include roads or other
  874  remedies to transportation impediments, stormwater systems,
  875  water or wastewater facilities, and telecommunications
  876  facilities. This subsection expires July 1, 2024.
  877         Section 18. For the 2023-2024 fiscal year, the nonrecurring
  878  sum of $5 million in Fixed Capital Outlay from the General
  879  Revenue Fund is appropriated to the Department of Commerce for
  880  grants awarded pursuant to s. 288.0655(7), Florida Statutes.
  881         Section 19. Section 570.82, Florida Statutes, is repealed.
  882         Section 20. Section 570.822, Florida Statutes, is created
  883  to read:
  884         570.822 Agriculture and Aquaculture Producers Natural
  885  Disaster Recovery Loan Program.—
  886         (1) DEFINITIONS.—As used in this section, the term:
  887         (a) “Bona fide farm operation” means a farm operation
  888  engaged in a good faith commercial agricultural use of land on
  889  land classified as agricultural pursuant to s. 193.461 or on
  890  sovereign submerged land that is leased to the applicant by the
  891  department pursuant to s. 597.010 and that produces agricultural
  892  products within the definition of agriculture under s. 570.02.
  893         (b) “Declared natural disaster” means a natural disaster
  894  for which a state of emergency is declared pursuant to s.
  895  252.36.
  896         (c) “Department” means the Department of Agriculture and
  897  Consumer Services.
  898         (d) “Essential physical property” means fences, equipment,
  899  structural production facilities, such as shade houses and
  900  greenhouses, or other agriculture or aquaculture facilities or
  901  infrastructure.
  902         (e) “Program” means the Agriculture and Aquaculture
  903  Producers Natural Disaster Recovery Loan Program.
  904         (2) USE OF LOAN FUNDS; LOAN TERMS.—
  905         (a) The program is established within the department to
  906  make loans to agriculture and aquaculture producers that have
  907  experienced damage or destruction from a declared natural
  908  disaster. Loan funds may be used to restore, repair, or replace
  909  essential physical property or remove vegetative debris from
  910  essential physical property. A structure or building constructed
  911  using loan proceeds must comply with storm-hardening standards
  912  for nonresidential farm buildings as defined in s. 604.50(2).
  913  The department shall adopt such standards by rule.
  914         (b) The department may make a low-interest or interest-free
  915  loan to an eligible applicant. The maximum amount that an
  916  applicant may receive during the application period for a loan
  917  is $500,000. An applicant may not receive more than one loan per
  918  application period and no more than two loans per year or no
  919  more than five loans in any 3-year period. A loan term is 10
  920  years.
  921         (3) ELIGIBLE APPLICANTS.—To be eligible for the program, an
  922  applicant must:
  923         (a) Own or lease a bona fide farm operation that is located
  924  in a county named in a declared natural disaster and that was
  925  damaged or destroyed as a result of such declared natural
  926  disaster.
  927         (b) Maintain complete and acceptable farm records, pursuant
  928  to criteria published by the department, and present them as
  929  proof of production levels and bona fide farm operations.
  930         (4) LOAN APPLICATION AND AGREEMENT.—
  931         (a) Requests for loans must be made by application to the
  932  department. Upon a determination that funding for loans is
  933  available, the department shall publicly notice an application
  934  period for the declared natural disaster, beginning within 60
  935  days after the date of the declared natural disaster and running
  936  up to 1 year after the date of the declared natural disaster or
  937  until all available loan funds are exhausted, whichever occurs
  938  first.
  939         (b) An applicant must demonstrate the need for financial
  940  assistance and an ability to repay or meet a standard credit
  941  rating determined by the department.
  942         (c) Loans must be made pursuant to written agreements
  943  specifying the terms and conditions agreed to by the approved
  944  applicant and the department. The loan agreement must specify
  945  that the loan is due upon sale if the property or other
  946  collateral for the loan is sold.
  947         (d) An approved applicant must agree to stay in production
  948  for the duration of the loan. A loan is not assumable.
  949         (5) LOAN SECURITY REQUIREMENTS.—All loans must be secured
  950  by a first lien on property or other collateral as set forth in
  951  the loan agreement. The specific type of collateral required may
  952  vary depending upon the loan purpose, repayment ability, and the
  953  particular circumstances of the applicant. The department shall
  954  record the lien in public records in the county where the
  955  property is located and, in the case of personal property,
  956  perfect the security interest by filing appropriate Uniform
  957  Commercial Code forms with the Florida Secured Transaction
  958  Registry as required pursuant to chapter 679.
  959         (6) LOAN REPAYMENT.—
  960         (a) A loan is due and payable in accordance with the terms
  961  of the loan agreement.
  962         (b) The department shall defer payments for the first 3
  963  years of the loan. After 3 years, the department shall reduce
  964  the principal balance annually through the end of the loan term
  965  such that the original principal balance is reduced by 30
  966  percent. If the principal balance is repaid before the end of
  967  the 10th year, the applicant may not be required to pay more
  968  than 70 percent of the original principal balance. The approved
  969  applicant must continue to be actively engaged in production in
  970  order to receive the original principal balance reductions and
  971  must continue to meet the loan agreement terms to the
  972  satisfaction of the department.
  973         (c) An approved applicant may make payments on the loan at
  974  any time without penalty. Early repayment is encouraged as other
  975  funding sources or revenues become available to the approved
  976  applicant.
  977         (d) All repayments of principal and interest, if
  978  applicable, received by the department in a fiscal year must be
  979  returned to the loan fund and made available for loans to other
  980  applicants in the next application period.
  981         (e) The department may periodically review an approved
  982  applicant to determine whether he or she continues to be in
  983  compliance with the terms of the loan agreement. If the
  984  department finds that an applicant is no longer in production or
  985  has otherwise violated the loan agreement, the department may
  986  seek repayment of the full original principal balance
  987  outstanding, including any interest or costs, as applicable, and
  988  excluding any applied or anticipated original principal balance
  989  reductions.
  990         (7) ADMINISTRATION.—
  991         (a) The department shall create and maintain a separate
  992  account in the General Inspection Trust Fund as a fund for the
  993  program. All repayments must be returned to the loan fund and
  994  made available as provided in this section. Notwithstanding s.
  995  216.301, funds appropriated for the loan program are not subject
  996  to reversion. The department shall manage the fund, establishing
  997  loan practices that must include, but are not limited to,
  998  procedures for establishing loan interest rates, uses of
  999  funding, application procedures, and application review
 1000  procedures. The department is authorized to contract with a
 1001  third-party administrator to administer the program and manage
 1002  the loan fund. A contract for a third-party administrator that
 1003  includes management of the loan fund must, at a minimum, require
 1004  maintenance of the loan fund to ensure that the program may
 1005  operate in a revolving manner.
 1006         (b) The department shall coordinate with other state
 1007  agencies and other entities to ensure to the greatest extent
 1008  possible that agriculture and aquaculture producers in this
 1009  state have access to the maximum financial assistance available
 1010  following a natural disaster. The coordination must endeavor to
 1011  ensure that there is no duplication of financial assistance
 1012  between the loan program and other funding sources, such as any
 1013  federal or other state programs, including public assistance
 1014  requests to the Federal Emergency Management Agency or financial
 1015  assistance from the United States Department of Agriculture,
 1016  which could render the approved applicant ineligible for other
 1017  financial assistance.
 1018         (8) RULES.—The department shall adopt rules to implement
 1019  this section.
 1020         (9) REPORTS.—By December 1, 2024, and each December 1
 1021  thereafter, the department shall provide a report on program
 1022  activities during the previous fiscal year to the President of
 1023  the Senate and the Speaker of the House of Representatives. The
 1024  report must include information on noticed application periods,
 1025  the number and value of loans awarded under the program for each
 1026  application period, the number and value of loans outstanding,
 1027  the number and value of any loan repayments received, and an
 1028  anticipated repayment schedule for all loans.
 1029         (10) SUNSET.—This section expires July 1, 2043, unless
 1030  reviewed and saved from repeal through reenactment by the
 1031  Legislature.
 1032         Section 21. Subsection (3) of section 201.25, Florida
 1033  Statutes, is amended to read:
 1034         201.25 Tax exemptions for certain loans.—There shall be
 1035  exempt from all taxes imposed by this chapter:
 1036         (3) Any loan made by the Agriculture and Aquaculture
 1037  Producers Natural Disaster Recovery Loan Program pursuant to s.
 1038  570.822 Agricultural Economic Development Program pursuant to s.
 1039  570.82.
 1040         Section 22. The Department of Agriculture and Consumer
 1041  Services shall, and all conditions are deemed met to, adopt
 1042  emergency rules pursuant to s. 120.54(4), Florida Statutes, for
 1043  the purpose of implementing s. 570.822, Florida Statutes.
 1044  Notwithstanding any other law, emergency rules adopted pursuant
 1045  to this section are effective for 6 months after adoption and
 1046  may be renewed during the pendency of the procedure to adopt
 1047  permanent rules addressing the subject of the emergency rules.
 1048         Section 23. Within 30 days after this act becomes a law,
 1049  the Chief Financial Officer shall transfer $75 million in
 1050  nonrecurring funds from the General Revenue Fund to the General
 1051  Inspection Trust Fund within the Department of Agriculture and
 1052  Consumer Services. For the 2023-2024 fiscal year, the sum of $75
 1053  million in nonrecurring funds from the General Inspection Trust
 1054  Fund is appropriated in fixed capital outlay to the Department
 1055  of Agriculture and Consumer Services for the Agriculture and
 1056  Aquaculture Producers Natural Disaster Recovery Loan Program
 1057  established pursuant to s. 570.822, Florida Statutes. The
 1058  department is authorized to use up to 5 percent of the
 1059  appropriated funds for administrative costs to implement the
 1060  program. Notwithstanding s. 570.822(4)(a), Florida Statutes, as
 1061  created by this act, in order for the department to adopt
 1062  emergency rules and establish the administration of the program,
 1063  the department is authorized to publicly notice the opening of
 1064  the application period for Hurricane Idalia no later than 60
 1065  days after this act becomes a law.
 1066         Section 24. (1) For the 2023-2024 fiscal year, the sum of
 1067  $37.5 million in nonrecurring funds from the General Revenue
 1068  Fund in fixed capital outlay is appropriated to the Department
 1069  of Agriculture and Consumer Services to administer a cost
 1070  sharing grant program to assist timber landowners in Charlotte,
 1071  Citrus, Columbia, Dixie, Gilchrist, Hamilton, Hernando,
 1072  Jefferson, Lafayette, Levy, Madison, Manatee, Pasco, Pinellas,
 1073  Sarasota, Suwannee, and Taylor Counties whose timber land was
 1074  damaged as a result of Hurricane Idalia. Grants made to eligible
 1075  timber landowners must be for up to 75 percent of the costs for
 1076  site preparation and tree replanting on lands classified as
 1077  agricultural lands under s. 193.461, Florida Statutes. The
 1078  maximum grant award is $250,000. Site preparation work may
 1079  include downed tree removal by a variety of methods, including
 1080  mechanical harvesting or prescribed burns authorized by the
 1081  Florida Forest Service pursuant to s. 590.125, Florida Statutes.
 1082  The department may use up to $1 million of the appropriated
 1083  funds for administrative costs to implement the grant program.
 1084         (2) The department is authorized, and all conditions are
 1085  deemed met, to adopt emergency rules pursuant to s. 120.54(4),
 1086  Florida Statutes, for the purpose of implementing this section.
 1087  Notwithstanding any other provision of law, emergency rules
 1088  adopted pursuant to this subsection are effective for 6 months
 1089  after adoption and may be renewed during the pendency of
 1090  procedures to adopt permanent rules addressing the subject of
 1091  the emergency rules.
 1092         (3) The department shall coordinate with other state
 1093  agencies and other entities to ensure to the greatest extent
 1094  possible that timber landowners have access to the maximum
 1095  financial assistance available following Hurricane Idalia. The
 1096  coordination must endeavor to ensure that there is no
 1097  duplication of financial assistance between these funds and
 1098  other funding sources, such as any federal or other state
 1099  programs, including public assistance requests to the Federal
 1100  Emergency Management Agency or financial assistance from the
 1101  United States Department of Agriculture, which could render the
 1102  approved applicant ineligible for other financial assistance.
 1103         Section 25. This act shall take effect upon becoming a law.
 1104