26879493, 73AER23-1 - Florida Administrative Rules, Law, Code, Register

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Notice: 26879493

Notice of Emergency Rule

Department:

DEPARTMENT OF COMMERCE

Division:

Division of Economic Development

Overview

RULE:

73AER23-1

Local Government Emergency Bridge Loan Program

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

The Local Government Emergency Bridge Loan (LGEBL) Program was created to provide financial assistance to local governments impacted by Hurricane Ian or Hurricane Nicole.  Absent the LGEBL Program, local governments would have difficulty bridging the gap between the time that the declared disasters occurred and the time that additional funding sources or revenues are secured to provide them with financial assistance.  This gap in local government resources presents an immediate danger to the public health, safety, and welfare of those affected local governments by limiting their ability to rapidly respond to the related effects of the declared disasters.  Further, this finding is deemed met, as a matter of law, pursuant to Section 2 of Senate Bill 2-B (Session 2023B), which was signed into law by Governor DeSantis on February 15, 2023. Specifically, Section 2 provides, in pertinent part, “The Department of Economic Opportunity may, and all conditions are deemed to be met to, adopt emergency rules pursuant to s. 120.54(4), Florida Statutes, to administer s. 288.066, Florida Statutes, as created by this act.”

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

The procedure used in adopting this emergency rule was the most expedient and appropriate means of implementing the Local Government Emergency Bridge Loan Program created by Senate Bill 2-B.  Further, this condition is deemed met pursuant to Section 2 of Senate Bill 2-B (Session 2023B), which was signed into law by Governor DeSantis on February 15, 2023, authorizing the Department of Economic Opportunity to create an emergency rule. Specifically, Section 2 provides, in pertinent part, “The Department of Economic Opportunity may, and all conditions are deemed to be met to, adopt emergency rules pursuant to s. 120.54(4), Florida Statutes, to administer s. 288.066, Florida Statutes, as created by this act.”

SUMMARY:

Senate Bill 2-B (Session 2023B), signed into law by Governor DeSantis on February 15, 2023, created Section 288.066, Florida Statues, which establishes the Local Government Emergency Bridge Loan (LGEBL) Program within the Department of Economic Opportunity (DEO) to provide financial assistance to local governments impacted by Hurricane Ian or Hurricane Nicole. The purpose of the LGEBL Program is to assist these local governments in maintaining operations by bridging the gap between the time that the declared disaster occurred and the time that additional funding sources or revenues are secured to provide them with financial assistance.  Emergency Rule 73AER23-1 establishes LGEBL Program application submission requirements, application review requirements, and Program loan requirements.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Brandon W. White at brandon.white@deo.myflorida.com, 107 E. Madison St., Tallahassee, FL 32399, (850) 245-7150.

PRINT PUBLISH DATE:

3/1/2023 Vol. 49/41

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=73AER23-1&PDate=3/1/2023&Section=4

REFERENCE MATERIALS:

No reference(s).

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