Read the full stored bill text
Florida Senate
-
2026
SB 612
By
Senator Smith
17-00052-26 2026612__
1 A bill to be entitled
2 An act relating to construction disruption assistance;
3 creating part XIII of ch. 288, F.S., to be entitled
4 the “Construction Disruption Assistance Act”; creating
5 s. 288.9991, F.S.; providing a short title; creating
6 s. 288.9992, F.S.; providing legislative findings and
7 purpose; creating s. 288.9993, F.S.; defining terms;
8 creating s. 288.9994, F.S.; establishing rulemaking
9 authority; creating s. 288.9995, F.S.; establishing
10 the Construction Impact Relief Revolving Loan Program
11 within the Department of Commerce; authorizing the
12 Legislature to fund the program; requiring the
13 department to provide specified financial assistance
14 to eligible small businesses within construction
15 zones; requiring the department to develop a public
16 awareness and marketing campaign to promote the
17 program in partnership with specified entities;
18 providing requirements for the campaign; requiring
19 applicants to submit specified information with their
20 applications; requiring an applicant to agree to
21 accept consultation from the Florida Small Business
22 Development Center Network as a condition to
23 participate in the program; prohibiting an applicant
24 from participating in the program under certain
25 circumstances; creating s. 288.9996, F.S.; directing
26 the department to maintain and publish certain
27 information about the program on its website, to
28 update such information as changes occur, and to
29 ensure that the website is accessible to certain
30 persons with disabilities; creating s. 288.9997, F.S.;
31 providing that the department or any of its officers,
32 employees, agents, or contractors are not liable in
33 any civil action arising out of or relating to
34 specified duties of the program; requiring an
35 applicant to acknowledge that submitting an
36 application does not guarantee funding; providing that
37 the department is not liable for any damages resulting
38 from the department denying an applicant a loan or
39 delaying loan disbursement or from certain activities;
40 providing construction; providing that certain
41 determinations, prioritizations, and decisions made
42 are deemed final agency action and not subject to
43 further judicial review; providing an exception;
44 authorizing the department to adopt rules; creating s.
45 288.9998, F.S.; requiring the department, by a
46 specified date, to submit an annual report containing
47 certain information to the Governor and the
48 Legislature; providing an effective date.
49
50 Be It Enacted by the Legislature of the State of Florida:
51
52 Section 1.
Part XIII of chapter 288, Florida Statutes,
53
consisting of ss. 288.9991-288.9998, Florida Statutes, is
54
created and entitled “Construction Disruption Assistance Act.”
55 Section 2. Section 288.9991, Florida Statutes, is created
56 to read:
57
288.9991
Short title.—This part shall be known and may be
58
cited as the “Construction Disruption Assistance Act.”
59 Section 3. Section 288.9992, Florida Statutes, is created
60 to read:
61
288.9992
Legislative findings; purpose.—The Legislature
62
finds and declares that:
63
(1)
Prolonged state and local government construction
64
projects that directly block access to small businesses cause
65
significant financial and operational hardships that negatively
66
impact local economies and threaten the livelihoods of business
67
owners and employees.
68
(2)
It is the purpose of this act to establish a program to
69
provide financial relief, promotional support, and loss coverage
70
to small businesses adversely impacted by state and local
71
government construction projects, ensuring the resilience and
72
viability
of affected businesses
during essential infrastructure
73
improvements.
74 Section 4. Section 288.9993, Florida Statutes, is created
75 to read:
76
288.9993
Definitions.—As used in this part, the term:
77
(1)
“Construction zone” means the immediate area where
78
construction activities directly restrict physical or visual
79
access to a small business, including partial or complete
80
obstruction of entryways, parking, or signage visibility.
81
(2)
“Demonstrable loss” means a verifiable reduction in
82
revenue, increased operati
ng
costs
, or property damage
directly
83
attributed to state or local government construction activities.
84
(3)
“Department” means the Department of Commerce.
85
(4)
“Eligible small business” means a business with 50 or
86
fewer employees whose primary access points are obstructed by
87
state or local government construction activities directly
88
adjacent to or in front of the business, as determined by the
89
department.
90
(5)
“Program” means the Construction Impact Relief
91
Revolving Loan Program established in s. 288.9995.
92 Section 5. Section 288.9994, Florida Statutes, is created
93 to read:
94
288.9994
Rulemaking authority.—By October 1, 202
6
, the
95
department shall adopt rules to implement this part, including,
96
but not limited to, developing guidelines for the award of loans
97
under the program and creating application forms for the
98
program.
99 Section 6. Section 288.9995, Florida Statutes, is created
100 to read:
101
288.9995
Construction Impact Relief Revolving Loan
102
Program.—
103
(1)
The Construction Impact Relief Revolving Loan Program
104
is created within the department. The program may be funded by
105
the Legislature. Under the program, the department shall:
106
(a)
Provide financial assistance to eligible small
107
businesses within construction zones, including low-interest
108
loans of up to $100,000, with interest not to exceed the federal
109
funds rate at the time the loan is issued, for the
operating
110
costs of eligible small businesses during construction
111
disruptions.
112
(b)
Develop a public awareness and marketing campaign to
113
promote the program in partnership with local chambers of
114
commerce and other business organizations and to encourage
115
customer support for small businesses adversely impacted by
116
state and local government construction activities. Such
117
marketing campaign efforts must include, but are not limited to,
118
all of the following:
119
1.
Digital advertising campaigns.
120
2.
Signage and outreach.
121
(2)
An applicant seeking to obtain financial assistance
122
under paragraph (1)(a) must submit an application to the
123
department. The application must require documentation of
124
demonstrable loss and a plan for the use of funds. Proof of
125
demonstrable loss must include, but is not limited to, all of
126
the following:
127
(a) Documentation of reduction in revenue from the start
128
date of the state or local government construction activities to
129
the week before an application is submitted to the department.
130
Such proof may be made by comparing the applicant’s average
131
weekly or monthly revenue of the year before the state or local
132
government construction activities began and the applicant’s
133
current weekly or monthly revenue.
134
(b) Photo or video evidence of the obstruction to the
135
applicant due to the construction zone. Such obstruction may
136
include, but is not limited to, any of the following:
137
1. Restricting parking or primary entry access to the
138
eligible small business.
139
2. Blocking visibility of the applicant
’s premises
from all
140
directions of traffic flow along the road and adjoining
141
sidewalks
where
the applicant is located, during each phase of
142
construction.
143
(3) An applicant must agree to accept consultation from the
144
Florida Small Business Development Center Network created in s.
145
288.001 as a condition to participate in the program. If an
146
applicant is enrolled in any other loan program,
the business
is
147
not eligible to participate in the program.
148 Section 7. Section 288.9996, Florida Statutes, is created
149 to read:
150
288.9996 Publication on department website; accessibility.
—
151
(1) The department shall maintain and publish detailed
152
information about the program on its website. The information
153
must include, but is not limited to, all of the following:
154
(a) A clear description of the application process.
155
(b) Detailed eligibility criteria for applicants.
156
(c) The timeline and procedures for review, approval, and
157
disbursement of funds.
158
(d) Contact information, including e-mail addresses and
159
telephone numbers, applicants or interested parties may
use to
160
obtain additional information or assistance.
161
(2) The department shall update the information as changes
162
occur and
shall
ensure
that
the website is accessible to all
163
potential applicants or interested parties, including those with
164
disabilities, in accordance with applicable state and federal
165
accessibility laws.
166 Section 8. Section 288.9997, Florida Statutes, is created
167 to read:
168
288.9997 Liability.—
169
(1) The department or any of its officers, employees,
170
agents, or contractors may not be held liable in any civil
171
action arising out of or relating to the administration,
172
processing, approval, denial, or disbursement of funds under the
173
program.
174
(2) An applicant must acknowledge
that
, as a condition of
175
applying to the program, submitting an application does not
176
guarantee funding and that the department is not liable for any
177
damages, including, but not limited to, lost profits or business
178
interruptions resulting from the department denying a loan or
179
delaying disbursement of a loan, or from government construction
180
activities.
181
(3) This part may not be construed to create a private
182
right of action against the department or any of its officers,
183
employees, agents, or contractors. Eligibility determinations,
184
prioritization of applications, and loan award decisions made in
185
accordance with applicable program rules and guidelines are
186
considered final agency action and are not subject to further
187
judicial review except as provided in s. 120.68.
188
(4) The department may adopt rules establishing clear
189
application procedures, evaluation criteria, and dispute
190
resolution processes to ensure consistency and transparency in
191
program administration.
192 Section 9. Section 288.9998, Florida Statutes, is created
193 to read:
194
288.9998
Annual reporting requirement.—The department
195
shall, by November 1 of each year, submit an annual report to
196
the Governor, the President of the Senate, and the Speaker of
197
the House of Representatives which summarizes the performance of
198
the program, including the total number of small businesses and
199
residents served, the total funds disbursed, and the
outcomes of
200
the
program.
201 Section 10. This act shall take effect July 1, 2026.