ENROLLED
       2022 Legislature                           SB 4-A, 1st Engrossed
       
       
       
       
       
       
                                                               20224Aer
    1  
    2         An act relating to disaster relief; amending s.
    3         161.101, F.S.; authorizing the Department of
    4         Environmental Protection to waive or reduce match
    5         requirements for certain local governments; amending
    6         s. 194.032, F.S.; conforming provisions to changes
    7         made by the act; creating s. 197.3181, F.S.; providing
    8         definitions; authorizing the refund of ad valorem
    9         taxes for residential improvements rendered
   10         uninhabitable by certain hurricanes; providing
   11         procedures and requirements to receive a refund;
   12         requiring property appraisers and tax collectors to
   13         take certain actions; providing construction;
   14         providing retroactive applicability; providing for
   15         expiration; creating s. 197.3182, F.S.; providing for
   16         the extension and suspension of payments and discounts
   17         of certain taxes and assessments; providing for
   18         retroactive operation; providing for expiration;
   19         amending s. 252.37, F.S.; providing legislative
   20         intent; requiring the Division of Emergency Management
   21         and local governments to enter into certain agreements
   22         to receive specified funds; providing requirements for
   23         such agreements; providing for availability of funds;
   24         requiring the division to report progress on a certain
   25         timetable to specified parties; providing for
   26         expiration; creating s. 252.71, F.S.; providing
   27         definitions; providing for the organization and
   28         operation of the Florida Emergency Management
   29         Assistance Foundation within the division; providing
   30         for a board of directors; requiring the foundation to
   31         operate under a written contract with the division;
   32         specifying requirements for such contract; providing
   33         requirements for the governance, organization, and
   34         operations of the foundation; providing for the use of
   35         property, facilities, and personal services of the
   36         division by the foundation; requiring the submission
   37         of annual budgets and reports; requiring an annual
   38         audit; providing for future repeal; authorizing the
   39         Department of Revenue to adopt emergency rules;
   40         providing for the expiration of such authority;
   41         providing appropriations; requiring such
   42         appropriations to be spent in specified ways;
   43         requiring the Florida Housing Finance Corporation to
   44         coordinate with the division and the Department of
   45         Economic Opportunity for a specified purpose; creating
   46         the Hurricane Restoration Reimbursement Grant Program
   47         within the Department of Environmental Protection;
   48         providing purpose and eligibility requirements for
   49         such program; authorizing emergency rulemaking for the
   50         administration of such program; requiring the
   51         department to administer such program; providing
   52         requirements for such administration; providing for
   53         the expiration of such program; specifying that grants
   54         may only be used for reimbursement of specified costs;
   55         requiring cost-sharing; creating the Hurricane
   56         Stormwater and Wastewater Assistance Grant Program
   57         within the Department of Environmental Protection;
   58         providing purpose and eligibility requirements for
   59         such program; authorizing emergency rulemaking for the
   60         administration of such program; requiring the
   61         department to administer such program; providing
   62         requirements for such administration; providing for
   63         the expiration of such program; providing
   64         appropriations; requiring such appropriations be spent
   65         in a specified way; providing an effective date.
   66          
   67  Be It Enacted by the Legislature of the State of Florida:
   68  
   69         Section 1. Subsection (22) of section 161.101, Florida
   70  Statutes, is amended to read:
   71         161.101 State and local participation in authorized
   72  projects and studies relating to beach management and erosion
   73  control.—
   74         (22) Notwithstanding subsections (1), (15), and (16), and
   75  for the 2022-2023 2021-2022 fiscal year, for in the event that
   76  beaches located in Brevard, Broward, Charlotte, Collier, Duval,
   77  Flagler, Indian River, Lee, Manatee, Martin, Nassau, Palm Beach,
   78  Saint Johns, Saint Lucie, Sarasota, and Volusia Counties, are
   79  impacted by Hurricane Ian hurricanes or Hurricane Nicole other
   80  storm events within communities with a per capita annual income
   81  that is less than the state’s per capita annual income as shown
   82  in the most recent release from the United States Census Bureau
   83  of the United States Department of Commerce which includes both
   84  measurements, the department may waive or reduce the match
   85  requirements for local governments. This subsection expires July
   86  1, 2023 2022.
   87         Section 2. Paragraph (b) of subsection (1) of section
   88  194.032, Florida Statutes, is amended to read:
   89         194.032 Hearing purposes; timetable.—
   90         (1)
   91         (b) Notwithstanding the provisions of paragraph (a), the
   92  value adjustment board may meet prior to the approval of the
   93  assessment rolls by the Department of Revenue, but not earlier
   94  than July 1, to hear appeals pertaining to the denial by the
   95  property appraiser of exemptions, tax abatements under s.
   96  197.3195, tax refunds under ss. 197.3181 and 197.319 s. 197.319,
   97  agricultural and high-water recharge classifications,
   98  classifications as historic property used for commercial or
   99  certain nonprofit purposes, and deferrals under subparagraphs
  100  (a)2., 3., and 4. In such event, however, the board may not
  101  certify any assessments under s. 193.122 until the Department of
  102  Revenue has approved the assessments in accordance with s.
  103  193.1142 and all hearings have been held with respect to the
  104  particular parcel under appeal.
  105         Section 3. Section 197.3181, Florida Statutes, is created
  106  to read:
  107         197.3181 Refund of taxes for residential improvements
  108  rendered uninhabitable by Hurricane Ian or Hurricane Nicole.—
  109         (1) As used in this section, the term:
  110         (a) “Damage differential” means the product arrived at by
  111  multiplying the percent change in value by a ratio, the
  112  numerator of which is the number of days the residential
  113  improvement was rendered uninhabitable in 2022, and the
  114  denominator of which is 365.
  115         (b) “Disaster relief refund” means the product arrived at
  116  by multiplying the damage differential by the amount of timely
  117  paid taxes initially levied in 2022.
  118         (c) “Percent change in value” means the difference between
  119  the just value of a residential parcel as of January 1, 2022,
  120  and its postdisaster just value, expressed as a percentage of
  121  the just value of the parcel as of January 1, 2022.
  122         (d) “Postdisaster just value” means the just value of the
  123  residential parcel on January 1, 2022, adjusted by subtracting
  124  the just value of the residential improvement on January 1,
  125  2022.
  126         (e) “Residential improvement” means a residential dwelling
  127  or house on real estate used and owned as a homestead as defined
  128  in s. 196.012(13) or used as nonhomestead residential property
  129  as defined in s. 193.1554(1). A residential improvement does not
  130  include a structure that is not essential to the use and
  131  occupancy of the residential dwelling or house, including, but
  132  not limited to, a detached utility building, detached carport,
  133  detached garage, bulkhead, fence, or swimming pool, and does not
  134  include land.
  135         (f) “Uninhabitable” means the loss of use and occupancy of
  136  a residential improvement for the purpose for which it was
  137  constructed resulting from damage to or destruction of, or from
  138  a condition that compromises the structural integrity of, the
  139  residential improvement which was caused by Hurricane Ian or
  140  Hurricane Nicole during the 2022 calendar year.
  141         (2) If a residential improvement is rendered uninhabitable
  142  for at least 30 days, taxes originally levied and paid for 2022
  143  may be refunded in the following manner:
  144         (a) The property owner must file an application for refund
  145  with the property appraiser on a form prescribed by the
  146  department and furnished by the property appraiser, no sooner
  147  than January 1, 2023, and no later than April 1, 2023. The
  148  property appraiser may allow applications to be filed
  149  electronically.
  150         (b) The application for refund must identify the
  151  residential parcel upon which the residential improvement was
  152  rendered uninhabitable and the number of days that the
  153  residential improvement was uninhabitable during 2022. For
  154  purposes of determining uninhabitability, the application must
  155  be accompanied by supporting documentation, including, but not
  156  limited to, utility bills, insurance information, contractors’
  157  statements, building permit applications, or building inspection
  158  certificates of occupancy.
  159         (c) The application for refund must be verified under oath
  160  and is subject to penalty of perjury.
  161         (d) The property appraiser shall review the application and
  162  determine if the applicant is entitled to a refund of taxes. No
  163  later than June 1, 2023, the property appraiser must:
  164         1. Notify the applicant if the property appraiser
  165  determines that the applicant is not entitled to receive a
  166  refund. If the property appraiser determines that the applicant
  167  is not entitled to a refund, the applicant may file a petition
  168  with the value adjustment board, pursuant to s. 194.011(3),
  169  requesting that the refund be granted. The petition must be
  170  filed with the value adjustment board on or before the 30th day
  171  following the issuance of the notice by the property appraiser.
  172         2. Issue an official written statement to the tax collector
  173  and the applicant if the property appraiser determines that the
  174  applicant is entitled to a refund. The statement must provide:
  175         a. The just value of the residential improvement as
  176  determined by the property appraiser on January 1, 2022.
  177         b. The number of days during 2022 that the residential
  178  improvement was uninhabitable.
  179         c. The postdisaster just value of the residential parcel as
  180  determined by the property appraiser.
  181         d. The percent change in value applicable to the
  182  residential parcel.
  183         (3) Upon receipt of the written statement from the property
  184  appraiser, the tax collector shall calculate the damage
  185  differential pursuant to this section.
  186         (a) If the property taxes for 2022 have been paid, the tax
  187  collector must process a refund in an amount equal to the
  188  disaster relief refund.
  189         (b) If, at the time of receipt of the written statement
  190  from the property appraiser under this subsection, the property
  191  taxes have not yet been paid pursuant to s. 197.3182, the tax
  192  collector must process a refund in an amount equal to the
  193  disaster relief refund upon receipt of timely payment of the
  194  property taxes for 2022 in accordance with s. 197.3182.
  195         (4) A property owner who fails to file an application by
  196  April 1, 2023, waives a claim for a refund of taxes under this
  197  section.
  198         (5) By September 1, 2023, the tax collector shall notify:
  199         (a) The department of the total reduction in taxes for all
  200  properties that qualified for a refund pursuant to this section.
  201         (b) The governing board of each affected local government
  202  of the reduction in such local government’s taxes which occurred
  203  pursuant to this section.
  204         (6) For purposes of this section, a residential improvement
  205  that is uninhabitable has no value.
  206         (7) The disaster relief refund is determined only for
  207  purposes of calculating tax refunds for 2022 under this section
  208  and does not determine a parcel’s just value as of January 1,
  209  2023, or any subsequent year.
  210         (8) This section does not affect the requirements of s.
  211  197.333.
  212         (9) This section applies retroactively to January 1, 2022,
  213  and expires January 1, 2024.
  214         Section 4. Section 197.3182, Florida Statutes, is created
  215  to read:
  216         197.3182 Tax deadlines for real property destroyed or
  217  rendered uninhabitable by Hurricane Ian or Hurricane Nicole.—
  218         (1) Notwithstanding any other law, for ad valorem taxes and
  219  non-ad valorem assessments levied in 2022, for all real property
  220  that has been completely destroyed or otherwise rendered
  221  uninhabitable due to damage or destruction caused by Hurricane
  222  Ian or Hurricane Nicole:
  223         (a) The deadlines set forth in s. 197.333 are suspended and
  224  extended as follows:
  225         1. Ad valorem taxes and non-ad valorem assessments levied
  226  in 2022, shall be due and payable on January 1, 2023.
  227         2. Ad valorem taxes and non-ad valorem assessments shall
  228  become delinquent on June 1, 2023.
  229         3. All dates or time periods and their associated
  230  provisions relative to the collection of, or administrative
  231  procedures regarding, delinquent taxes and non-ad valorem
  232  assessments, including, but not limited to, the sale of tax
  233  certificates, are extended based on the June 1, 2023,
  234  delinquency date, in accordance with s. 197.333.
  235         (b) The deadlines set forth in s. 197.162 governing
  236  discounts for payments of all taxes assessed on the county tax
  237  rolls and collected by the county tax collector before the
  238  delinquency date are extended as follows:
  239         1. Four percent in November 2022, December 2022, and
  240  January 2023.
  241         2. Three percent in February 2023.
  242         3. Two percent in March 2023.
  243         4. One percent in April 2023.
  244         5. Zero percent in May 2023.
  245         (c) The deadlines set forth in s. 197.222(1)(c) and (d)
  246  governing ad valorem taxes prepaid in installments and the
  247  discounts applied to those payments are suspended and extended
  248  for 60 days.
  249         (2) This section operates retroactively to January 1, 2022,
  250  and expires January 1, 2024.
  251         Section 5. Paragraph (c) is added to subsection (5) of
  252  section 252.37, Florida Statutes, to read:
  253         252.37 Financing.—
  254         (5)Unless otherwise specified in the General Appropriations
  255  Act:
  256         (c) Subject to appropriation, and notwithstanding paragraph
  257  (a), the Legislature intends to provide the entire match
  258  requirement for Public Assistance Program grants to local
  259  governments within a county designated in the Federal Emergency
  260  Management Agency disaster declarations for Hurricane Ian or
  261  Hurricane Nicole. Local governments named in such Federal
  262  Emergency Management Agency disaster declarations must enter
  263  into agreements with the division to have their portions of the
  264  match requirements waived and must agree to use an equal amount
  265  of funds toward further disaster recovery or mitigation. Funds
  266  shall be allocated on a first-come, first-served basis.
  267  Notwithstanding paragraph (a), a local government in an
  268  agreement with the division under this paragraph is not required
  269  to provide one-half of the required match prior to receipt of
  270  Public Assistance Program financial assistance. The division
  271  shall report quarterly to the Executive Office of the Governor
  272  and the chair of each legislative appropriations committee on
  273  the amount of match requirements waived, agreements entered into
  274  with local governments, and the amount of remaining appropriated
  275  funds. This paragraph expires June 30, 2027.
  276         Section 6. Section 252.71, Florida Statutes, is created to
  277  read:
  278         252.71 Florida Emergency Management Assistance Foundation.—
  279         (1) As used in this section, the term:
  280         (a) “Foundation” means the Florida Emergency Management
  281  Assistance Foundation for the division.
  282         (b) “Personal services” includes full-time or part-time
  283  personnel of the division.
  284         (2) The foundation is hereby created as a direct-support
  285  organization of the division to provide assistance, funding, and
  286  support to the division in its disaster response, recovery, and
  287  relief efforts for natural emergencies.
  288         (a) The foundation must be an organization that is a
  289  Florida nonprofit corporation incorporated under chapter 617,
  290  approved by the Department of State, and recognized under s.
  291  501(c)(3) of the Internal Revenue Code. The foundation is exempt
  292  from paying fees under s. 617.0122.
  293         (b) The foundation is organized and operated exclusively to
  294  obtain funds; request and receive grants, gifts, and bequests of
  295  moneys or other items; acquire, receive, hold, invest, and
  296  administer in its own name securities, funds, or property; and
  297  make expenditures to or for the direct or indirect benefit of
  298  the division, political subdivisions of this state, and
  299  individuals adversely impacted by a natural emergency occurring
  300  within this state.
  301         (c) The division must determine that the foundation is
  302  operating in a manner consistent with the goals of the division
  303  and in the best interest of the state.
  304         (3) The foundation shall be governed by a board of
  305  directors.
  306         (a) The board of directors shall consist of five members
  307  appointed by the director of the division. A majority of the
  308  members must be knowledgeable about emergency management
  309  activities and programs. The importance of geographic
  310  representation shall be considered in appointing members.
  311  Members must be residents of this state at the time of
  312  appointment and throughout their terms.
  313         (b) The term of office of the appointed members of the
  314  board of directors shall be 3 years, except that the initial
  315  terms of appointment shall be two members for 1 year, two
  316  members for 2 years, and one member for 3 years. A member may be
  317  reappointed when his or her term expires and may continue to
  318  serve in such capacity upon expiration of his or her term until
  319  an appointment is made to fill the vacancy. However, a member
  320  may not serve more than two consecutive terms.
  321         (c) Upon a finding based on a majority vote of the board of
  322  directors, the director of the division may remove any member of
  323  the board for cause.
  324         (d) Any vacancy that occurs shall be filled in the same
  325  manner as the original appointment for the unexpired term of
  326  that seat.
  327         (e) Members of the board of directors shall serve without
  328  compensation, but are entitled to receive reimbursement for per
  329  diem and travel expenses in accordance with s. 112.061, and
  330  shall be paid from funds managed by the foundation.
  331         (f) Moneys of the foundation must be held in a separate
  332  depository account in the name of the foundation, subject to the
  333  provisions of the contract with the division, and shall be used
  334  in a manner consistent with the goals of the foundation.
  335         (4) The foundation shall operate under a written contract
  336  with the division. The written contract must, at a minimum,
  337  provide for:
  338         (a) Approval of the articles of incorporation and bylaws of
  339  the foundation by the director of the division.
  340         (b) Certification by the division that the foundation is
  341  complying with the terms of the contract and is doing so
  342  consistent with the goals and purposes of the division and in
  343  the best interests of the state. The division must make this
  344  certification annually and it must be reported in the official
  345  minutes of a meeting of the foundation.
  346         (c) Reversion of moneys and property held by the foundation
  347  to the:
  348         1. Division if the foundation is no longer approved to
  349  operate by the division;
  350         2. Division if the foundation fails to maintain its tax
  351  exempt status pursuant to s. 501(c)(3) of the Internal Revenue
  352  Code;
  353         3. Division if the foundation ceases to exist; or
  354         4. State if the division ceases to exist.
  355         (d) Prominent disclosure of the distinction between the
  356  division and the foundation to donors, including such disclosure
  357  in all promotional and fundraising publications or activities.
  358         (e) Approval by the board of directors of an annual
  359  operating budget for the foundation.
  360         (f) Adoption of an ethics code as required by s. 112.3251.
  361         (5) The division may permit the use of its property,
  362  facilities, and personal services by the foundation and shall
  363  set forth any requirements or conditions on such use in the
  364  contract between the division and the foundation, including
  365  provisions governing the use of such property, facilities, and
  366  personal services during a declared state of emergency for a
  367  natural emergency. However, the division may not permit the use
  368  of such property, facilities, or personal services by the
  369  foundation if it does not provide equal employment opportunities
  370  to all persons regardless of race, color, national origin,
  371  gender, age, or religion.
  372         (6)(a) The fiscal year of the foundation shall begin on
  373  July 1 of each year and end on June 30 of the following year.
  374         (b) By August 1 of each year, the foundation shall submit
  375  to the division its federal Internal Revenue Service Application
  376  for Recognition of Exemption form (Form 1023) and federal
  377  Internal Revenue Service Return of Organization Exempt from
  378  Income Tax form (Form 990).
  379         (c) By September 30 of each year, the foundation shall
  380  submit the budget and a report of contributions and expenditures
  381  to the division in a manner prescribed by the division.
  382         (7) The foundation shall provide for an annual financial
  383  audit in accordance with s. 215.981.
  384         (8) This section is repealed December 31, 2024, unless
  385  reviewed and saved from repeal by the Legislature.
  386         Section 7. The Department of Revenue may, and all
  387  conditions are deemed met to, adopt emergency rules pursuant to
  388  s. 120.54(4), Florida Statutes, to administer the creation of
  389  ss. 197.3181 and 197.3182, Florida Statutes, and the amendment
  390  made to s. 194.032, Florida Statutes, by this act.
  391  Notwithstanding any other law, emergency rules adopted pursuant
  392  to this section are effective for 6 months after adoption and
  393  may be renewed during the pendency of procedures to adopt
  394  permanent rules addressing the subject of the emergency rules.
  395  This section expires July 1, 2024.
  396         Section 8. For the 2022-2023 fiscal year, the nonrecurring
  397  sum of $350,000,000 from the General Revenue Fund is
  398  appropriated to the Division of Emergency Management within the
  399  Executive Office of the Governor to provide the match
  400  requirement for Public Assistance Program grants pursuant to s.
  401  252.37(5)(c), Florida Statutes, as created by this act.
  402  Appropriated funds may only be used to meet federal match
  403  requirements as provided in s. 252.37(5)(c), Florida Statutes,
  404  as created by this act. Notwithstanding s. 216.301, Florida
  405  Statutes, and pursuant to s. 216.351, Florida Statutes, the
  406  balance of this appropriation which is not disbursed by June 30,
  407  2023, may be carried forward for up to 5 years after the
  408  effective date of this act.
  409         Section 9. For the 2022-2023 fiscal year, the nonrecurring
  410  sum of $150,000,000 from the General Revenue Fund is
  411  appropriated in the Affordable Housing for Hurricane Recovery
  412  appropriation category to the Florida Housing Finance
  413  Corporation.
  414         (1) From these funds, $60,000,000 shall be used to fund the
  415  Hurricane Housing Recovery Program, to be administered in
  416  accordance with part VII of chapter 420, Florida Statutes, for
  417  eligible counties and municipalities based on Hurricane Ian and
  418  Hurricane Nicole Federal Emergency Management Agency damage
  419  assessment data and population. Hurricane recovery purposes may
  420  include, but are not limited to, repair and replacement of
  421  housing; repair, replacement, and relocation assistance for
  422  manufactured homes; acquisition of building materials for home
  423  repair and construction; or housing reentry assistance, such as
  424  security deposits, utility deposits, and temporary storage of
  425  household furnishings. Of this amount for the Hurricane Housing
  426  Recovery Program, up to $25,000,000 may be used to provide
  427  assistance to homeowners to pay insurance deductibles.
  428         (2) From these funds, $90,000,000 shall be used to fund the
  429  Rental Recovery Loan Program for eligible counties and
  430  municipalities based on Hurricane Ian and Hurricane Nicole
  431  Federal Emergency Management Agency damage assessment data and
  432  population.
  433         (3) The Florida Housing Finance Corporation shall
  434  coordinate with the Executive Office of the Governor’s Division
  435  of Emergency Management and the Department of Economic
  436  Opportunity to prevent duplication of benefits related to other
  437  state or federal programs for recipients of funds appropriated
  438  under this section.
  439         Section 10. Hurricane Restoration Reimbursement Grant
  440  Program.—
  441         (1) There is hereby created within the Department of
  442  Environmental Protection the Hurricane Restoration Reimbursement
  443  Grant Program for the purpose of providing financial assistance
  444  to mitigate coastal beach erosion for coastal homeowners whose
  445  property was significantly impacted by Hurricane Ian or
  446  Hurricane Nicole in 2022. The department is authorized to
  447  provide financial assistance grants to eligible recipients
  448  located in Brevard, Broward, Charlotte, Collier, Duval, Flagler,
  449  Indian River, Lee, Manatee, Martin, Nassau, Palm Beach, Saint
  450  Johns, Saint Lucie, Sarasota, and Volusia Counties.
  451         (2) The department may provide grants to property owners to
  452  mitigate for coastal beach erosion caused by Hurricane Ian or
  453  Hurricane Nicole during 2022. Grant funding may only be used to
  454  reimburse a property owner for construction costs:
  455         (a) Related to sand placement and temporary or permanent
  456  coastal armoring construction projects to mitigate coastal beach
  457  erosion and may not be used for the repair of residential
  458  structures.
  459         (b) Incurred as a result of preparation for or damage
  460  sustained from Hurricane Ian or Hurricane Nicole in 2022.
  461         (c) Incurred after September 23, 2022.
  462         (d) Related to a project that has been permitted, is exempt
  463  from permitting requirements, or is otherwise authorized by law.
  464         (3) Financial assistance grants may only be provided to
  465  mitigate damage to property located in Brevard, Broward,
  466  Charlotte, Collier, Duval, Flagler, Indian River, Lee, Manatee,
  467  Martin, Nassau, Palm Beach, Saint Johns, Saint Lucie, Sarasota,
  468  and Volusia Counties that is a:
  469         (a) Residential property that meets the following
  470  requirements:
  471         1. The parcel must be a single-family, site-built,
  472  residential property; and
  473         2. The homeowner must have been granted a homestead
  474  exemption on the home under chapter 196, Florida Statutes;
  475         (b) Residential condominium, as defined in chapter 718,
  476  Florida Statutes; or
  477         (c) Cooperative, as defined in chapter 719, Florida
  478  Statutes.
  479         (4)(a) The department shall cost-share with $1 provided by
  480  the property owner for every $1 provided by the state with a
  481  maximum of $150,000 in state funding toward the actual cost of
  482  an eligible project. The department shall prioritize applicants
  483  who are low-income or moderate-income persons, as defined in s.
  484  420.0004, Florida Statutes. Grants will be awarded to property
  485  owners for eligible projects following the receipt of a
  486  completed application on a first-come, first-served basis until
  487  funding is exhausted.
  488         1. Applications may be submitted beginning February 1,
  489  2023.
  490         2. Applicants must include evidence that the project meets
  491  the criteria in subsections (2) and (3).
  492         (b) If the department determines that an application meets
  493  the requirements of this section, the department shall enter
  494  into a cost-share grant agreement with the applicant consistent
  495  with this section.
  496         (c) The department shall disburse grant funds on a
  497  reimbursement basis. In order to receive reimbursement, property
  498  owners must submit, at a minimum:
  499         1. If applicable, the permit issued under chapter 161,
  500  Florida Statutes, or applicable statute, and evidence that the
  501  project complies with all permitting requirements.
  502         2. All invoices and payment receipts for eligible projects.
  503         3. If applicable, documentation that the eligible project
  504  was completed by a licensed professional or contractor.
  505         (5) No later than January 31, 2023, the department shall
  506  adopt emergency rules prescribing the procedures,
  507  administration, and criteria for approving the applications for
  508  the Hurricane Restoration Reimbursement Grant Program. The
  509  department is authorized, and all conditions are deemed met, to
  510  adopt emergency rules under ss. 120.536(1) and 120.54(4),
  511  Florida Statutes, to implement this section. The Legislature
  512  finds that such emergency rulemaking authority is necessary to
  513  address critical shoreline erosion which may result in the loss
  514  of property by homeowners in those areas of the state that
  515  sustained damage due to Hurricane Ian or Hurricane Nicole during
  516  2022. Such rules shall remain effective for 6 months after the
  517  date of adoption.
  518         (6) This section expires July 1, 2023.
  519         Section 11. Hurricane Stormwater and Wastewater Assistance
  520  Grant Program.—
  521         (1) There is hereby created within the Department of
  522  Environmental Protection the Hurricane Stormwater and Wastewater
  523  Assistance Grant Program for the purpose of providing financial
  524  assistance to local governments located in Brevard, Broward,
  525  Charlotte, Collier, Duval, Flagler, Indian River, Lee, Manatee,
  526  Martin, Nassau, Palm Beach, Saint Johns, Saint Lucie, Sarasota,
  527  and Volusia Counties and impacted by Hurricane Ian or Hurricane
  528  Nicole.
  529         (2) The department shall administer the Hurricane
  530  Stormwater and Wastewater Assistance Grant Program to remediate
  531  damage to stormwater and wastewater systems resulting from
  532  Hurricane Ian or Hurricane Nicole.
  533         (3) Eligible recipients of such grants include counties,
  534  municipalities, and special taxing districts that operate a
  535  stormwater or wastewater management system.
  536         (4) All information pertaining to the grant application
  537  process must be provided on the department’s website no later
  538  than February 1, 2023.
  539         (5) No later than January 31, 2023, the department must
  540  adopt emergency rules prescribing the procedure and application
  541  for the Hurricane Stormwater and Wastewater Assistance Grant
  542  Program. All conditions are deemed met to adopt such emergency
  543  rules under ss. 120.536(1) and 120.54(4), Florida Statutes, to
  544  implement this section. Such rules shall remain effective for 6
  545  months after the date of adoption.
  546         (6) Grant applications must be submitted to the department
  547  on or before March 31, 2023.
  548         (7) To be eligible for the program, the applicant must
  549  provide proof that:
  550         (a) The applicant’s stormwater or wastewater systems
  551  sustained damages as a result of Hurricane Ian or Hurricane
  552  Nicole.
  553         (b) The damage to the stormwater or wastewater system poses
  554  an immediate threat to the public health or the environment if
  555  not immediately addressed.
  556         (8) Grants may not exceed $10 million per project.
  557         (9) Grants must be awarded by May 1, 2023.
  558         (10) This section expires July 1, 2023.
  559         Section 12. For the 2022-2023 fiscal year, the sum of
  560  $251.5 million in nonrecurring funds is appropriated from the
  561  General Revenue Fund to the Department of Environmental
  562  Protection as follows: $250 million as Fixed Capital Outlay for
  563  damages related to Hurricane Ian or Hurricane Nicole, including
  564  $100 million for beach erosion projects as identified in s.
  565  161.101(22), Florida Statutes; $50 million for the Hurricane
  566  Restoration Reimbursement Grant Program; $100 million for the
  567  Hurricane Stormwater and Wastewater Assistance Grant Program;
  568  and $1.5 million as administrative costs for the department to
  569  implement this section.
  570         Section 13. This act shall take effect upon becoming a law.