THE BILL ITSELF
SB 612
Construction Disruption Assistance
Florida Senate - 2026 SB 612 By Senator Smith 17-00052-26 2026612__
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A bill to be entitled
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An act relating to construction disruption assistance;
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creating part XIII of ch. 288, F.S., to be entitled
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the “Construction Disruption Assistance Act”; creating
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s. 288.9991, F.S.; providing a short title; creating
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s. 288.9992, F.S.; providing legislative findings and
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purpose; creating s. 288.9993, F.S.; defining terms;
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creating s. 288.9994, F.S.; establishing rulemaking
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authority; creating s. 288.9995, F.S.; establishing
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the Construction Impact Relief Revolving Loan Program
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within the Department of Commerce; authorizing the
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Legislature to fund the program; requiring the
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department to provide specified financial assistance
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to eligible small businesses within construction
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zones; requiring the department to develop a public
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awareness and marketing campaign to promote the
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program in partnership with specified entities;
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providing requirements for the campaign; requiring
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applicants to submit specified information with their
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applications; requiring an applicant to agree to
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accept consultation from the Florida Small Business
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Development Center Network as a condition to
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participate in the program; prohibiting an applicant
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from participating in the program under certain
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circumstances; creating s. 288.9996, F.S.; directing
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the department to maintain and publish certain
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information about the program on its website, to
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update such information as changes occur, and to
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ensure that the website is accessible to certain
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persons with disabilities; creating s. 288.9997, F.S.;
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providing that the department or any of its officers,
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employees, agents, or contractors are not liable in
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any civil action arising out of or relating to
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specified duties of the program; requiring an
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applicant to acknowledge that submitting an
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application does not guarantee funding; providing that
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the department is not liable for any damages resulting
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from the department denying an applicant a loan or
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delaying loan disbursement or from certain activities;
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providing construction; providing that certain
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determinations, prioritizations, and decisions made
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are deemed final agency action and not subject to
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further judicial review; providing an exception;
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authorizing the department to adopt rules; creating s.
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288.9998, F.S.; requiring the department, by a
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specified date, to submit an annual report containing
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certain information to the Governor and the
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Legislature; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Part XIII of chapter 288, Florida Statutes,
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consisting of ss. 288.9991-288.9998, Florida Statutes, is
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created and entitled “Construction Disruption Assistance Act.”
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Section 2. Section 288.9991, Florida Statutes, is created
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to read:
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288.9991 Short title.—This part shall be known and may be
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cited as the “Construction Disruption Assistance Act.”
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Section 3. Section 288.9992, Florida Statutes, is created
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to read:
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288.9992 Legislative findings; purpose.—The Legislature
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finds and declares that:
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(1) Prolonged state and local government construction
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projects that directly block access to small businesses cause
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significant financial and operational hardships that negatively
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impact local economies and threaten the livelihoods of business
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owners and employees.
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(2) It is the purpose of this act to establish a program to
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provide financial relief, promotional support, and loss coverage
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to small businesses adversely impacted by state and local
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government construction projects, ensuring the resilience and
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viability of affected businesses during essential infrastructure
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improvements.
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Section 4. Section 288.9993, Florida Statutes, is created
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to read:
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288.9993 Definitions.—As used in this part, the term:
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(1) “Construction zone” means the immediate area where
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construction activities directly restrict physical or visual
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access to a small business, including partial or complete
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obstruction of entryways, parking, or signage visibility.
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(2) “Demonstrable loss” means a verifiable reduction in
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revenue, increased operating costs, or property damage directly
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attributed to state or local government construction activities.
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(3) “Department” means the Department of Commerce.
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(4) “Eligible small business” means a business with 50 or
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fewer employees whose primary access points are obstructed by
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state or local government construction activities directly
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adjacent to or in front of the business, as determined by the
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department.
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(5) “Program” means the Construction Impact Relief
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Revolving Loan Program established in s. 288.9995.
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Section 5. Section 288.9994, Florida Statutes, is created
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to read:
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288.9994 Rulemaking authority.—By October 1, 2026, the
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department shall adopt rules to implement this part, including,
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but not limited to, developing guidelines for the award of loans
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under the program and creating application forms for the
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program.
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Section 6. Section 288.9995, Florida Statutes, is created
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to read:
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288.9995 Construction Impact Relief Revolving Loan
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Program.—
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(1) The Construction Impact Relief Revolving Loan Program
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is created within the department. The program may be funded by
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the Legislature. Under the program, the department shall:
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(a) Provide financial assistance to eligible small
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businesses within construction zones, including low-interest
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loans of up to $100,000, with interest not to exceed the federal
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funds rate at the time the loan is issued, for the operating
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costs of eligible small businesses during construction
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disruptions.
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(b) Develop a public awareness and marketing campaign to
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promote the program in partnership with local chambers of
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commerce and other business organizations and to encourage
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customer support for small businesses adversely impacted by
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state and local government construction activities. Such
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marketing campaign efforts must include, but are not limited to,
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all of the following:
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1. Digital advertising campaigns.
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2. Signage and outreach.
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(2) An applicant seeking to obtain financial assistance
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under paragraph (1)(a) must submit an application to the
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department. The application must require documentation of
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demonstrable loss and a plan for the use of funds. Proof of
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demonstrable loss must include, but is not limited to, all of
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the following:
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(a) Documentation of reduction in revenue from the start
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date of the state or local government construction activities to
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the week before an application is submitted to the department.
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Such proof may be made by comparing the applicant’s average
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weekly or monthly revenue of the year before the state or local
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government construction activities began and the applicant’s
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current weekly or monthly revenue.
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(b) Photo or video evidence of the obstruction to the
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applicant due to the construction zone. Such obstruction may
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include, but is not limited to, any of the following:
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1. Restricting parking or primary entry access to the
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eligible small business.
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2. Blocking visibility of the applicant’s premises from all
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directions of traffic flow along the road and adjoining
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sidewalks where the applicant is located, during each phase of
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construction.
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(3) An applicant must agree to accept consultation from the
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Florida Small Business Development Center Network created in s.
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288.001 as a condition to participate in the program. If an
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applicant is enrolled in any other loan program, the business is
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not eligible to participate in the program.
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Section 7. Section 288.9996, Florida Statutes, is created
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to read:
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288.9996 Publication on department website; accessibility.—
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(1) The department shall maintain and publish detailed
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information about the program on its website. The information
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must include, but is not limited to, all of the following:
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(a) A clear description of the application process.
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(b) Detailed eligibility criteria for applicants.
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(c) The timeline and procedures for review, approval, and
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disbursement of funds.
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(d) Contact information, including e-mail addresses and
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telephone numbers, applicants or interested parties may use to
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obtain additional information or assistance.
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(2) The department shall update the information as changes
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occur and shall ensure that the website is accessible to all
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potential applicants or interested parties, including those with
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disabilities, in accordance with applicable state and federal
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accessibility laws.
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Section 8. Section 288.9997, Florida Statutes, is created
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to read:
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288.9997 Liability.—
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(1) The department or any of its officers, employees,
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agents, or contractors may not be held liable in any civil
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action arising out of or relating to the administration,
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processing, approval, denial, or disbursement of funds under the
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program.
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(2) An applicant must acknowledge that, as a condition of
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applying to the program, submitting an application does not
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guarantee funding and that the department is not liable for any
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damages, including, but not limited to, lost profits or business
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interruptions resulting from the department denying a loan or
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delaying disbursement of a loan, or from government construction
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activities.
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(3) This part may not be construed to create a private
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right of action against the department or any of its officers,
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employees, agents, or contractors. Eligibility determinations,
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prioritization of applications, and loan award decisions made in
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accordance with applicable program rules and guidelines are
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considered final agency action and are not subject to further
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judicial review except as provided in s. 120.68.
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(4) The department may adopt rules establishing clear
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application procedures, evaluation criteria, and dispute
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resolution processes to ensure consistency and transparency in
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program administration.
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Section 9. Section 288.9998, Florida Statutes, is created
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to read:
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288.9998 Annual reporting requirement.—The department
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shall, by November 1 of each year, submit an annual report to
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the Governor, the President of the Senate, and the Speaker of
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the House of Representatives which summarizes the performance of
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the program, including the total number of small businesses and
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residents served, the total funds disbursed, and the outcomes of
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the program.
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Section 10. This act shall take effect July 1, 2026.