Legislative Reporter | Feb. 2

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Feb. 2, 2024 | Legislative Reporter This was the fourth week of the legislative session. The latest Bill Tracking Report as of the morning of Feb. 2 can be viewed here. Please review it to see the bills filed that APA Florida is tracking. Note that if you click on the bill number, you will be linked to more information about the bill.

If you would like any bills added to this report or would like more information about a specific bill, please contact Stefanie Svisco at ssvisco@floridaplanning.org.

The following bills of particular interest had action this past week.

Please note: These summaries are based on a review of the bill language and legislative staff analysis. You are encouraged to read the actual bill language of bills that interest you. For brevity, bills impacting the Florida Statutes will look like s.XXX.XXX(x). We will note the chapter when required.

GROWTH MANAGEMENT Attorney Fees and Costs: SB 702 (Sen. Martin) was passed unanimously by the Senate on Feb. 1.

The bill creates s.57.106 regarding the recovery of attorney fees and costs in certain disputes regarding property rights.

It provides that in a civil action brought against the owner of a parcel of real property to resolve a dispute concerning property rights, the court must award reasonable attorney fees and costs to the prevailing defendant if the improvements made to the property by the defendant property owner were made in substantial compliance with, or in reliance on, environmental or regulatory approvals or permits issued by a political subdivision of the state or a state agency.

For purposes of the bill, the term “property rights” includes, but is not limited to, use rights, ingress and egress rights, and those rights incident to land bordering upon navigable waters as described in the riparian rights statute.

A similar bill, CS/HB 1167 (Rep. Yarkosky) was reported favorably, reflecting amendments, by the House Local Administration, Federal Affairs & Special Districts Subcommittee on Jan. 31 and moves to the House Judiciary Committee, its final committee of reference. CS/HB 1167 creates s.57.106 to provide that, in a civil action brought against the owner of a parcel of real property to resolve a property rights dispute, the court may award reasonable attorney fees and costs to the prevailing defendant if the improvements made to the property by the defendant property owner were made in substantial compliance with, or in reliance on, environmental or regulatory approvals Feb. 2, 2024 | Legislative Reporter

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or permits issued by a political subdivision of the state or a state agency. (Note: the committee amended the bill to state the court may an award of fees and costs versus must award.)

The following definitions, as amended by the committee, are included in the bill: • “Improvement” means an act done to increase the value or benefit of real property • “Property rights” means zoning, future land use designations, easement rights, ingress and egress rights, environmental resource and impact permits, and those rights incident to land bordering on navigable waters.

The bill provides a plaintiff is not liable for attorney fees if the environmental or regulatory permit was issued by the governmental entity based on a material mistake of fact or law or otherwise not in compliance with law. (This exception was added by the committee.)

Building Regulations: CS/CS/HB 267, a delete-all amendment, was reported favorably by the House Local Administration, Federal Affairs & Special Districts Subcommittee on Jan. 31 and moves to the House Commerce Committee, its last of three committees of reference.

Note that the subcommittee deleted previously proposed language that would have created s.177.073 dealing with the expedited approval of residential building permits before a final plat is approved.

The amended bill now does the following: • requires the Florida Building Commission to provide an exception in the Building Code relating to sealed drawings by a design professional for replacement windows, doors, and garages (added by subcommittee); • amends s.553.79(16) to delete requirement that single-family residential dwelling permits to issued within 30 days unless the application does not conform to the Building Code or local laws or ordinances; • adds residential units including a single-family residential unit or a single-family residential dwelling to the existing list of building permit applications identified in s.553.792(2) that the procedures above would apply to; • amends s.553.792(1) and (2) to require a local government to approve, approve with conditions, or deny a complete and sufficient building permit application within the following timeframes unless the applicant waives the limitation in writing: o 30 business days for applicants using local government review services, previously set at 120 days; o 15 business days for applicants using private provider services, previously set at 120 days; o 10 business days for applicants for a master plan permit, previously set at 120 days; o 10 business days for an applicant for a single-family residential dwelling applied for by a contractor licensed in Florida on behalf of a property owner who participates in a Community Block Grant-Disaster Recovery program, unless the application fails to satisfy the Building Code or enforcing agencies laws or ordinances (currently set at 15 days; and o 60 business days for applicants for multifamily units (added by subcommittee).

• require that building permit application is deemed approved if the local government does not approve, approve with conditions, or deny the completed and sufficient application within the required timeframes. A local government must meet the timeframes set forth for reviewing building permit applications unless timeframes set by local ordinance or more stringent; • require a local government to determine if a building permit application is complete within 5 business days of receiving the application, previously set at 10 days, and to determine if a building permit application is sufficient within 10 business days of receiving a completed application, previously set at 45 days; • provide that a local government can request additional information from an applicant two times, unless the applicant agrees otherwise, previously set at three times, and must provide an opportunity for a virtual meeting, instead of just an in-person meeting, before a second request for additional information may be made. A second request must be made within 10 business days of receiving the initial additional information and sufficiency must be determined within 10 business days of receiving the additional information. The application is deemed sufficient if the local government does not provide timely written notice that the applicant must provide additional information; and Feb. 2, 2024 | Legislative Reporter

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provide that the local government must process the permit application with 10 business days, at the applicant’s written request, when the applicant believes the additional information request is not authorized by ordinance, rule, statute, or other legal authority.

The bill also amends s.553.80(7) to allow building permit fees, fines, and investments to be used for upgrading technology hardware and software used in enforcement of the Florida Building Code.

CS/SB 812 (Sen. Ingoglia), which requires certain local governments to create a program to expedite the process for issuing residential building permits before a final plat is recorded, is scheduled to be heard in the Regulated Industries Committee on Feb. 5.

Citizens Voluntary Advisory Committees: CS/CS/SB 224 (Sen. Wright) was reported favorably, as amended, by the Senate Rules Committee, its final committee of reference, on Jan. 30 and placed on the Senate Calendar on Second Reading.

CS/CS/SB 224 authorizes citizen volunteer advisory committees created to provide technical expertise and support to the National Estuary Program to conduct public meetings and workshops by means of communications media technology, as permitted by the Administrative Procedures Act. Note that the language clarifying that the bill applies to citizen volunteer advisory committees, created to provide technical expertise and support to the National Estuary Program established by Congress under s.320 of the Clean Water Act was added by the committee.

The bill provides that an advisory committee member who participates in a meeting or workshop by means of communications media technology is deemed to be present at such meeting or workshop. The bill also provides notice requirements and audible communication requirements for such meetings.

A similar bill, HB 413 (Rep. Altman), is in the House Local Administration, Federal Affairs & Special Districts Subcommittee, its first of three committees of reference. Note that this bill refers to regional advisory committees that are composed of representatives from four or more counties, and whose geographic distance between the county seats of the two most distant counties is at least 100 miles.

Coastal Construction and Assessments: HB 1079 (Rep. McFarland) was reported favorably by the House Agriculture, Conservation & Resiliency Subcommittee on Jan. 29 and moves to the House Agriculture & Natural Resources Appropriations Subcommittee, its second of three committees of reference.

The bill removes DEP’s authority to delegate the establishment of coastal construction zoning and building codes to a coastal county or coastal municipality in lieu of the state established coastal construction control line (CCCL) unless such codes were approved in writing on or before Dec. 1, 2023. In addition, any exceptions to locally established coastal construction zoning or building codes may not be granted unless previously approved by DEP before Dec. 1, 2023.

The bill expands the Resilient Florida Grant Program to allow DEP to provide grants to coastal counties for saltwater intrusion vulnerability assessments that analyze the effects of saltwater intrusion on the county’s water supply and the preparedness of the county to respond to such a threat. A saltwater intrusion vulnerability assessment funded through the grant program must include an analysis on: • the coastal county’s primary water utilities; • current maps of the county’s freshwater wellfields and latest saltwater intrusion impact lines; • projections of saltwater intrusion over the next decade, including specific wells that may be impacted; and • the necessary costs to relocate freshwater wellfields anticipated to be impacted, including current projects that are underway to relocate the freshwater wellfields.

The bill also directs DEP to: • use the information in a coastal county’s saltwater intrusion vulnerability assessment to update its comprehensive statewide flood vulnerability and SLR data set; Feb. 2, 2024 | Legislative Reporter

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make any appropriate information from a saltwater intrusion vulnerability assessment it receives publicly available on DEP’s website; and provide 50 percent cost-share funding up to $250,000 for each grant awarded. A coastal county with a population of 50,000 or less is not required to contribute to the cost share.

A similar bill, SB 298 (Sen. Polsky), has been placed on the Senate Calendar on Second Reading.

Everglades Protection Area: HB 723 (Rep. Busatta Cabrera) was reported favorably by the House Agriculture, Conservation & Resiliency Subcommittee on Jan. 29 and moves to the House Agriculture & Natural Resources Appropriations Subcommittee, its second of three committees of reference.

The bill requires comprehensive plans and plan amendments that apply to any land within, or within two miles of, the Everglades Protection Area (EPA) to follow the State Coordinated Review process. As part of the review process for these plans and plan amendments, the bill also requires DEP to determine whether the plan or plan amendment adversely impacts the EPA or the Everglades restoration and protection objectives identified in s.373.4592. DEP must provide a written determination to the state land planning agency and the local government within 30 days after receipt of the proposed plan or plan amendment. The determination must identify any adverse impacts and can be provided as part of the agency’s comments.

The bill further requires DEP to work in coordination with the state land planning agency and the local government to identify any planning strategies or measures the local government could include to eliminate or mitigate any adverse impacts to the EPA or Everglades restoration and protection. If DEP determines that any portion of the plan or plan amendment will adversely impact the EPA or Everglades restoration and protection objectives, the local government must modify that portion of the proposed plan or plan amendment to include planning strategies or measures to eliminate or mitigate such adverse impacts before adopting the proposed plan or plan amendment. If the local government does not modify that portion of the plan or plan amendment, the proposed plan or plan amendment may not be adopted.

If a plan or any plan amendment that applies to any land within, or within two miles of, the EPA is adopted at its second public hearing, the bill requires the local government to transmit such plan or amendment to DEP, in addition to the Department of Commerce, within 10 working days after the second public hearing.

The bill requires the state land planning agency, when determining compliance of a plan or plan amendment, to limit its objections to the objections raised in the review of planning strategies or measures adopted.

The bill prohibits a proposed amendment impacting property that is located within, or within two miles of, the EPA from being considered a small-scale development amendment. The bill requires that, within 10 days after the adoption of a small-scale development amendment, a county whose boundaries include any portion of the EPA, and all municipalities within the county, must transmit a copy of the amendment to the state land planning agency for recordkeeping purposes.

Finally, the bill specifies that a site-specific text change that relates directly to, and is adopted simultaneously with, a small-scale future land use map amendment may be included in a small-scale development amendment.

A similar bill, SB 1364 (Sen. Calatayud), is scheduled to be heard in the Senate Agriculture Committee, its second of three committees of reference, on Feb. 6.

Expedited Approval of Residential Building Permits: CS/HB 665 (Rep. McClain) was reported favorably by the House Local Administration, Federal Affairs & Special Districts Subcommittee on Jan. 31 and moves to the House Commerce Committee, its final of three committees of reference.

The bill creates s.177.073 relating to approval of certain building permits pursuant to a preliminary plat. It requires a governing body to create: • a two-step application process for the adoption of a preliminary plat, inclusive of any plans, in order to expedite the issuance of building permits related to such plats. The application must allow an applicant to Feb. 2, 2024 | Legislative Reporter

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identify the percentage of planned homes, or the number of building permits, that the governing body must issue for the residential subdivision or planned community indicated in the preliminary plat; • a master building permit process consistent with existing master building permit application requirements for applicants seeking multiple building permits for residential subdivisions or planned communities: o provides that a master building permit issued pursuant to this requirement is valid for three consecutive years after its issuance or until the adoption of a new Building Code, whichever is earlier; and o after a new Building Code is adopted, the applicant may apply for a new master building permit, which, upon approval, is valid for three consecutive years.

By October 1, 2024, the bill requires a governing body of a county that has 75,000 residents or more and a governing body of a municipality that has 30,000 residents or more to create a program to expedite the process for issuing building permits for residential subdivisions or planned communities before a final plat is recorded with the clerk of the circuit court. The expedited process must include an application for an applicant to identify up to 50 percent of planned homes, or the number of building permits, that the governing body must issue for the residential subdivision or planned community. However, such a local government may issue building permits that exceed 50 percent of the residential subdivision or planned community.

By Dec. 31, 2027, the bill requires such a governing body to update its expedited process to contain an application that allows an applicant to request an increased percentage of up to 75 percent of building permits for planned homes that the local governing body must issue for the residential subdivision or planned community. However, such a local government may issue building permits that exceed 75 percent of the residential subdivision or planned community.

The timelines for creating such applications do not apply to a county subject to the designation of the Florida Keys as an area of critical state concern in s.380.0552, which is Monroe County.

If a governing body had a program in place before July 1, 2023, to expedite the building permit process, the bill requires such governing body to only update their program to approve an applicant’s written application to issue up to 50 percent of the building permits for the residential subdivision or planned community. However, such a local government may issue building permits that exceed 50 percent of the residential subdivision or planned community.

In accordance with the timelines above, the bill requires the governing body to issue the number or percentage of building permits requested by an applicant, provided the residential buildings or structures are unoccupied and all of the following conditions are met: • the governing body has approved a preliminary plat for each residential subdivision or planned community; • the applicant provides proof to the governing body that the applicant has provided a copy of the approved preliminary plat, along with the approved plans, to the relevant electric, gas, water, and wastewater utilities; and • the applicant holds a valid performance bond for up to 130 percent of the necessary improvements that have not been completed upon submission of the application under this section. For purposes of a master planned community, a valid performance bond is required on a phase-by-phase basis.

The bill allows an applicant to use a private provider to expedite the application process. It also allows a governing body to work with appropriate local government agencies to issue an address and a temporary parcel identification number for lot lines and lot sizes based on the metes and bounds of the plat contained in an application. Applicants are allowed to contract to sell, but not transfer ownership of, a residential structure or building located in the residential subdivision or planned community until the final plat is approved by the governing body and recorded in the public records by the clerk of the circuit court. The bill prohibits an applicant from obtaining a final certificate of occupancy for each residential structure or building for which a building permit is issued until the final plat is approved by the governing body and recorded in the public records by the clerk of the circuit court.

The bill provides that an applicant has a vested right in a preliminary plat that has been approved by a governing body if all of the following conditions are met: Feb. 2, 2024 | Legislative Reporter

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the applicant relies in good faith on the approved preliminary plat or any amendments thereto; and the applicant incurs obligations and expenses, commences construction of the residential subdivision or planned community, and continues in good faith with the development of the property.

The bill provides that upon the establishment of an applicant’s vested rights, a governing body may not make substantive changes to the preliminary plat without the applicant’s written consent.

The bill also requires an applicant to indemnify and hold harmless the local government, its governing body, its agents, and its employees from: • liability or damages resulting from the issuance of a building permit or the construction, reconstruction, or improvement or repair of a residential building or structure, including any associated utilities, located in the residential subdivision or planned community; and • liability or disputes resulting from the issuance of a certificate of occupancy for a residential building or structure that is constructed, reconstructed, improved, or repaired before the approval and recordation of the final plat of the qualified project.

This indemnification includes, but is not limited to, any liability and damage resulting from wind, fire, flood, construction defects, bodily injury, and any actions, issues, or disputes arising out of a contract or other agreement between the developer and a utility operating in the residential subdivision or planned community. However, this indemnification does not extend to governmental actions that infringe on the applicant’s vested rights.

The bill provides the following definitions: • “applicant” means a homebuilder or developer that files an application with the local governing body to identify the percentage of planned homes, or the number of building permits, that the local governing body must issue for a residential subdivision or planned community; • “final plat” means the final tracing, map, or site plan presented by the subdivider to a governing body for final approval, and, upon approval by the appropriate governing body, is submitted to the clerk of the circuit court for recording; and • “preliminary plat” means a map or delineated representation of the subdivision of lands that is a complete and exact representation of the residential subdivision or planned community and contains required land boundary information.

An identical bill, CS/SB 812 (Sen. Ingoglia), is scheduled to be heard in the Senate Regulated Industries Committee, the second of three committees of reference, on Feb. 5.

Millage Rates: CS/HB 1195 (Rep. Garrison) was reported favorably by the House Local Administration, Federal Affairs & Special Districts Subcommittee on Jan. 31 and moves to the House State Affairs Committees, its final committee of reference.

The bill amends s.200.065(5) requiring a two-thirds vote of the governing body of a county, municipality, or independent special district in order to pass any millage rate increase, other than a millage rate increase that already requires a three-fourths, unanimous vote, or approval in a referendum under current law.

A similar bill, SB 1322 (Sen. Ingoglia), is in the Senate Finance and Tax Committee, its second of three committees of reference.

Municipal Water and Sewer Utility Rates: SB 104 (Sen. Jones) was reported favorably by the Senate Regulated Industries Committee on Jan. 29 and is scheduled to be heard in the Senate Community Affairs Committee, its second of three committees of reference, on Feb. 6.

The bill creates an exception to the maximum rates that may be charged to municipal water and sewer utility customers that are outside of the municipality’s boundaries in s.180.191. The bill provides that if a municipal utility provides water or sewer services to a second municipality, and serves that second municipality using a facility or Feb. 2, 2024 | Legislative Reporter

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water or sewer plant located within that second municipality, it must charge its customers within that second municipality the same rates, fees, and charges as the customers within its own municipal boundaries.

A similar bill, CS/HB 47 (Rep. F. Robinson), was reported favorably by the House Local Administration, Federal Affairs & Special Districts Subcommittee on Jan. 31 and moves to the House Commerce Committee, its final committee of reference.

CS/CS/HB 1277 (Rep. Busatta Cabrera), which also deals with municipal water and sewer utilities, was reported favorably by the House Local Administration, Federal Affairs & Special Districts Subcommittee on Jan. 31 and moves to the House Commerce Committee, its final committee of reference. Among its provisions, this bill changes the limit on the rates, fees, and charges such utilities can impose on customers outside of municipal boundaries to no more than 25 percent above the total amount the municipal water or sewer utility charges customers within the municipal boundaries, provided rates for outside customers are set in a public hearing using the same methods as rates for other customers.

Public Works Projects: CS/HB 705 (Rep. Shoaf) was reported favorably by the House State Affairs Committee, its final committee of reference, on Jan. 30 and placed on the House Calendar on Second Reading.

Current law prohibits the state or any political subdivision that contracts for a public works project using state appropriated funds from imposing certain requirements on contractors for public works projects, with certain exceptions. Current law defines “public works project” as an activity that is paid for with any state-appropriated funds and that consists of the construction, maintenance, repair, renovation, remodeling, or improvement of a building, road, street, sewer, storm drain, water system, site development, irrigation system, reclamation project, gas or electrical distribution system, gas or electrical substation, or other facility, project, or portion thereof owned in whole or in part by any political subdivision.

The bill amends s.255.0992 to revise the definition of “public works project” to include all projects paid for with local funds in addition to state funds.

CS/SB 742 (Sen. Grall), which also includes the above revision, is in the Senate Governmental Oversight and Accountability Committee, its second of three committees of reference.

Special Districts: CS/CS/HB 7013 (Rep. Persons-Mulicka) was unanimously passed by the House on Feb. 1 and is in Messages to the Senate. The bill revises provisions relating to special districts by: • creating a 12-year term limit for elected members of governing bodies of independent special districts unless the district’s charter provides for more restrictive terms of office; • providing that the above term limits do not apply to a community development district, or an independent special district created pursuant to a special act that provides that any amendment to chapter 190 to grant additional powers constitutes a power of that district; • providing that boundaries of independent special districts may only be changed by an act of the legislature, with an exception for community development districts; • adding additional criteria for declaring a special district inactive; • revising notice and procedures for proposed declaration of inactive status; • authorizing districts that have been declared inactive to only expend funds as necessary to service outstanding debt and to comply with existing bond covenants and other contractual obligations; • requiring a special district, beginning October 2024 or by the end of the first full fiscal year after its creation, to adopt goals and objectives, as well as performance measures and standards to determine if those goals and objectives are being achieved; • requiring a special district to prepare an annual report, by Dec. 1 of each year, describing the goals and objectives achieved by the district, as well as performance measures and standards used to make this determination, and any goals and objectives the district failed to achieve; • repealing provisions that allow special districts to convert to a municipality without legislative approval; Feb. 2, 2024 | Legislative Reporter

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requiring each petition to create a community development district to contain a sworn affidavit, signed by the petitioner, attesting that a majority of the acreage within the district will be used for residential development; requiring independent special fire control districts to report certain information to the Division of the State Fire Marshal; reducing the maximum ad valorem millage rate that may be levied by a mosquito control district from 10 mills to one mill; requiring mosquito control districts to meet certain conditions required to participate in state programs; prohibiting the creation of new safe neighborhood improvement districts effective July 1, 2024 but safe neighborhood improvement districts created before this date may continue to operate as provided by current law; and requiring the Office of Program Policy Analysis and Government Accountability to conduct a performance review of existing safe neighborhood improvement districts by Sept. 30, 2025

A similar bill, CS/SB 1058 (Sen. Hutson), was reported favorably by the Senate Community Affairs Committee on Jan. 29 and moves to the Senate Rules Committee, its final of two committees of reference.

Vacation Rentals: SB 280E1 was passed by the Senate, reflecting floor amendments, on Feb. 1. The vote was 27 Yeas/13 Nays.

The bill does the following: • amend s.509.032(7) to preempt the regulation of advertising platforms to the state; • effective Jan. 1, 2025, create s.509.243 to provide requirements for an advertising platform, including tax collection and remittance requirements (requirements amended on the floor); • amend s.509.032(7) to preempt the licensing of vacation rentals to the state; • allow a “grandfathered” local law, ordinance, or regulation adopted on or before June 1, 2011, to be amended to be less restrictive or to comply with local registration requirements; • permit a local government that had a “grandfathered” regulation in effect on June 1, 2011, to pass a new, less restrictive ordinance that would be “grandfathered” as well; • amend s.509.013 to define the term “advertising platform”; • amend s.212.03(3) to require advertising platforms to collect and report taxes; • creates s.509.243(4) to require advertising platforms to collect and remit taxes resulting from the reservation of a vacation rental property and payment therefor through an advertising platform; • provide that a local government is not prohibited from adopting a law, ordinance, or regulation if it is uniformly applied without regard to whether the residential property is used as a vacation rental; • create s.509.032(8) to permit local governments to require vacation rentals to register under a local registration program: o allows a local government to impose a fine for failure to register under the local program; o requires a local government to prepare a business impact estimate in accordance with s.125.66(3) or s.166.041(4), as applicable, before implementing a vacation rental registration program (added as a floor amendment); o allows local government to charge a reasonable fee to process a registration fee and a reasonable fee to process an annual renewal application; o allows local governments to charge a reasonable fee to inspect a vacation rental after registration to verify compliance with the Florida Building Code and the Florida Fire Prevention Code; o specifies information required to be provided by owner or operator of a vacation rental; o requires local governments to review a registration application for completeness and accept the registration or issue a written notice of denial specifying deficient areas within 15 days of receipt of an application; o if a local government denies an application, the written notice of denial may be sent by United States mail or electronically and must state with particularity the factual reasons for the denial and the applicable portions of an ordinance, rule, statute, or other legal authority for the denial; Feb. 2, 2024 | Legislative Reporter

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o a local government cannot prohibit an applicant from reapplying if the applicant cures the identified deficiency; o if a local government fails to accept or deny the registrations within the provided timeframes, the application is deemed accepted; o requires local government to assign unique registration number to the vacation rental unit, provide the number to the rental operator, and provide the number to the state; o allows a local government may fine a vacation rental operator up to $500 for failing to continue to meet the registration requirement or operating a vacation rental without registering with the local government, or failing to provide unique local registration number to the state and also permits the local governments to file a lien on the real property on which the violation occurred; o authorizes a local government to suspend a registration for material violations of an ordinance that does not apply solely to vacation rentals, and the violations are directly related to the vacation rental property; provides that the finding of a material violation must be made by the code enforcement board or a special magistrate; o allows a local government to revoke or refuse to renew a vacation rental registration if:  the owner’s registration has been suspended three times;  there is an unsatisfied recorded municipal lien or county lien on the real property of the vacation rental, provided local governments give a vacation rental owner at least 60 days to satisfy a recorded municipal or county code lien before terminating a local registration because of the unsatisfied lien; or  the premises and its owner are the subject of a final order or judgment lawfully directing the termination of the premises’ use as a vacation rental. o allows a vacation rental owner to appeal a denial, suspension, termination, or nonrenewal of a vacation rental registration to the circuit court within 30 days after the issuance of the denial, suspension, or termination, and provides that the court may assess and award reasonable attorney fees and costs and damages to the prevailing party. effective Jan. 1, 2025, amend ss.509.241 relating to the license application process for vacation rentals within the Division of Hotels and Restaurants in the Department of Business and Professional Regulation; amend s.509.261 to authorize the Division of Hotels and Restaurants to revoke, refuse to issue or renew, or suspend for a period of not more than 30 days a vacation rental license when: o the operation of the subject premises violates the terms of an applicable lease or property restriction, including any property restriction adopted pursuant to Chapters 718, 719, or 720 as determined by a final order of a court or an arbitrator’s written decision; o the registration of the vacation rental is suspended or revoked by a local government as provided in s.509.032(8); or o the premises and its owner are the subject of a final order or judgment lawfully directing the termination of the premises’ use as a vacation rental create s.509.244 to require the Division of Hotels and Restaurants to create and maintain, by July 1, 2025, a vacation rental information system readily accessible through an application program interface; provide that the application of vacation rental provisions created by the bill do not supersede any current or future declaration or declaration of condominium adopted pursuant to Chapter 718 cooperative documents adopted pursuant to Chapter 719 or declaration of covenants or declaration for a homeowners’ association adopted pursuant to Chapter 720 of the Florida Statute; provide the Department of Revenue authority to adopt emergency rules for purpose of implementing the bill; and appropriate funds to the Department of Business and Professional Regulation, including nine full-time equivalent positions, for purpose of implementing bill.

A similar bill, CS/HB 1537 (Rep. Griffitts Jr.) was reported favorably, reflecting amendments, by the House Regulatory Reform & Economic Development Subcommittee on Feb. 1 and moves to the House Ways & Means Committee, its second of three committees of reference.

CONSITUTIONAL AMENDMENTS

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Requiring Broader Support for Constitutional Amendments or Revisions: HB 335 (Rep. Roth and Rep. Beltran), a joint resolution bill, would change the threshold required to approve an amendment or revision from 60 percent of the electors voting on the measure to 66.67 percent of such electors. The joint resolution, if passed by the legislature, would be considered by the electorate at the next general election on November 5, 2024. If adopted at this election, the joint resolution would take effect Jan. 7, 2025.

The bill was reported favorably by the House Ethics, Elections & Open Government Subcommittee on Jan. 29 and moves to the House Judiciary Committee, its second of three committees of reference. A Senate version of the bill has not been filed to date.

ECONOMIC DEVELOPMENT Unsolicited Proposals for Public-Private Partnerships: CS/HB 781 (Rep. Clemons Sr.), a proposed committee substitute, was reported favorably by the House Constitutional Rights, Rule of Law & Government Operations Subcommittee on Feb. 1 and moves to the House State Administration & Technology Appropriations Subcommittee, its second of three committees of reference.

The bill authorizes a responsible public entity (RPE) to proceed with an unsolicited proposal for a qualifying project without engaging in a public bidding process. To do so, an RPE must hold an initial duly noticed public meeting at which the proposal is presented and affected public entities and members of the public are able to provide comment.

The RPE then must hold a second duly noticed public meeting at which the RPE determines that the proposal is in the public’s interest based on specified factors.

It also provides that an RPE is authorized, but no longer required, to publish notice in the Florida Administrative Register (FAR) and a newspaper of general circulation and mail a copy to each affected local government in the affected area if the RPE intends to execute a comprehensive agreement for a project arising from an unsolicited proposal. If the RPE decides to proceed with an unsolicited proposal without engaging in the public bidding process, the RPE must publish a report that provides the public interest determination, and specifically detailed information, in the FAR for at least seven days.

Additionally, the bill amends the agreement approval process by no longer requiring the RPE to determine that an unsolicited proposed project will be owned by the RPE. If ownership will not be conveyed to the RPE within 10 years after the initial public operation begins, the public benefits apart from ownership must be identified and stated by the RPE. The RPE will only be required to determine if the proposed project is in the public’s best interest if the proposal was solicited.

An identical bill, CS/SB 870 (Sen. Boyd), is scheduled to be heard in the Senate Community Affairs Committees, its second of three committees of reference, on Feb. 6.

ENVIRONMENT AND NATURAL RESOURCES Comprehensive Waste Reduction and Recycling Plan: HB 455 (Rep. Casello) was reported favorably by the House Agriculture & Natural Resources Appropriations Subcommittee on Jan. 31 and moves to the House Infrastructure Strategies Committee, its final committee of reference.

The bill amends s.403.7032 to require DEP, by July 1, 2025, to develop a comprehensive waste reduction and recycling plan for the state based on recommendations from the 2020 report. DEP must convene a technical advisory group to help develop the plan. At a minimum, the bill requires the plan to identify recycling goals based on sustainable materials management and waste diversion and include a three-year plan to implement the following strategies: • recycling education and outreach. DEP must propose statewide solutions to provide local recycling information and education throughout the state; • local government recycling assistance. DEP is required to evaluate the benefits and challenges of the former state Recycling and Education Grant Program and provide recommendations for reinstating the program or considering other means of providing recycling assistance to local governments; and

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recycling materials market development. DEP must consider and recommend plans to develop and promote markets for recycling materials.

Upon completion of the plan, the bill requires DEP to provide a report to the President of the Senate and the Speaker of the House of Representatives. The report must include an update on the status of the plan and any recommendations for statutory changes necessary to achieve the recycling goals or strategies identified in the plan.

An identical bill, SB 36 (Sen. Stewart), is in the Senate Appropriations Committee on Agriculture, Environment, and General Government, its second of three committees of reference.

Environmental Management: CS/CS/SB 738 (Sen. Burgess) was reported favorably, as amended, by the Senate Judiciary Committee on Jan. 29 and moves to the Senate Fiscal Committee, its final of three committees of reference.

CS/CS/SB 738 requires the side slopes of nonindustrial stormwater management systems, in or adjacent to residential or urban areas that are accessible to the general public, to be designed with a horizontal-to-vertical ratio no steeper than 4:1 to a depth of at least two feet below the control elevation and be stabilized with vegetation. The bill provides an exception if the slope incorporates erosion and sediment control best management practices and is fenced, greenscaped, or has other barriers installed to prevent accidental incursion into the system. The bill supersedes all side slope rules that have been adopted by DEP, water management districts (WMD), or delegated programs as of July 1, 2024.

In addition, the bill clarifies that causes of action under the Water Quality Assurance Act must be limited to damages to real or personal property directly resulting from pollution that was not authorized by any government approval or permit. The bill provides that the strict liability exceptions to such causes of action include those specified in s.376.82 regarding the rehabilitation of a brownfields site.

The bill also requires DEP and WMD to conduct a holistic review of their respective agency’s current coastal permitting processes and other permit programs to identify areas of improvement and to increase efficiency within each process and program. The bill specifies the factors DEP and WMDs must consider during their reviews. In addition, the bill provides that, by Dec. 31, 2025, DEP and each WMD must provide their findings and proposed solutions in a report to the governor and legislature.

Note that the Judiciary Committee, among its changes, eliminated a previously proposed provision entitling prevailing parties in challenges filed against the Department of Environmental Protection or water management district authorizations to costs and attorney fees.

A similar bill, CS/HB 789 (Rep. Overdorf), was reported favorably by the House Agriculture & Natural Resources Appropriations Subcommittee on Jan. 31 and moves to the House Infrastructure Strategies Committee, its final of three committees of reference.

Mitigation: CS/HB 1073 (Rep. Truenow), a proposed committee substitute, was reported favorably by the House Water Quality, Supply, & Treatment Subcommittee on Jan. 29 and moves to the House Agriculture & Natural Resources Appropriations Subcommittee, its second of three committees of reference.

The bill does the following: • for the purposes of Chapter 373, Part IV relating to management and storage of surface waters, defines “private-sector sponsor” as an individual or entity that establishes and operates a wetland mitigation bank project and is responsible for compliance with any permit or authorization, including, but not limited to, funding and undertaking wetland enhancement, restoration or creation activities, and the provision of financial assurances, as well as any required monitoring, reporting, and maintenance of the mitigation bank; • adds “applicants” as eligible entities that may purchase water quality enhancement areas (WQEA) credits and defines applicants to mean a governmental entity or private sector entity that wishes to purchase water quality enhancement credits to meet an assigned basin management action plan (BMAP) allocation or reasonable assurance plan (RAP) for the purpose of achieving the net improvement performance standard; Feb. 2, 2024 | Legislative Reporter

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directs DEP and the water management districts (WMDs) to encourage the establishment of private mitigation banks and offsite regional mitigation on private and public lands owned by a local government; removes the authorization for DEP and the WMDs to participate in the establishment of public mitigation banks; clarifies that, when a local government allows a public or private mitigation project to be created on land it has purchased for conservation purposes, the exception applies to instances when a local government has allowed a public or private mitigation project, including permittee-responsible mitigation, to be created on land it has purchased for conservation purposes; provides that a local government may, through a public procurement process, solicit proposals from privatesector sponsors for a mitigation bank on public lands purchased for conservation purposes: o if such a mitigation bank is to be established and operated on public land, the local government and private-sector sponsor must enter into an agreement requiring the private-sector sponsor to establish and operate the mitigation bank to conform to the mitigation banking permitting requirements; and o the agreement must require the private-sector sponsor to pay a usage fee to the local government which reflects the market value of the public land, as determined by a competitive process in accordance with state law or such other method of assuring that the cost of the use of the public land is fully accounted for in the pricing of mitigation credits. provides that, in determining the number of mitigation bank credits assigned to the mitigation bank, DEP or the WMD must reflect the conservation status of the land in the location factor set forth in the uniform mitigation assessment method, and provides that these requirements apply to drainage basins or corresponding hydrologic units if the private-sector sponsor demonstrates to DEP or the WMD that in-kind credits are not available.

A similar bill, CS/SB 1532 (Sen. Brodeur), is scheduled to be heard in the Senate Community Affairs Committee, its second of three committees of reference, on Feb. 6.

HOUSING Affordable Housing: CS/CS/SB 328 (Sen. Calatayud) was reported favorably, reflecting amendments, by the Senate Fiscal Policy Committee, its final of two committees of reference, on Jan. 31 and is on the Senate Special Order Calendar for Feb. 7.

CS/SB 328 amends various provisions of the Live Local Act (act), passed during the 2023 Regular Session, which made substantial changes and additions to affordable housing related programs and policies at both the state and local level.

As it pertains to the act’s preemption of certain local zoning and land use regulations to expedite development of affordable housing, the bill: • deletes previously proposed language that would have eliminated the directive for local governments to approve qualifying developments in industrial areas; • prohibits local government from restricting the density of a proposed development authorized under s.125.01055(7) or s.166.04151(7) below the highest currently allowed density on land where residential development is allowed under the land development regulations: o the term “highest currently allowed density” does not include the density of any development that met the requirements of this subsection or the density of any development which has received any bonus, variance, or other special exception for density provided in the county’s land development regulations as an incentive for development • prohibits local government from restricting the floor area ratio of a proposed development authorized under s.125.01055(7) or s.166.04151(7) below the highest currently allowed floor area ratio on land where development is allowed under the land development regulations o the term “highest currently allowed floor area ratio” does not include the floor area ratio of any development that met the requirements of this subsection or the floor area ratio of any development which has received any bonus, variance, or other special exception for floor area ratio provided in the county’s land development regulations as an incentive for development. For purposes of this subsection, the term floor area ratio includes floor lot ratio.

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removes previously proposed language that would have changed height restriction from currently allowed heights within one mile to those within one-quarter mile; clarifies that the term “highest currently allowed height” does not include the height of any development that met the requirements of this subsection or the height of any development which has received any bonus, variance, or other special exception for height provided in land development regulations as an incentive for development; provides that if the proposed development is adjacent to, on two or more sides, a parcel zoned for singlefamily residential use that is within a single-family residential development with at least 25 contiguous single-family homes, the local government may restrict the height of the proposed development to 150 percent of the tallest building on property within one-quarter mile of the proposed development or 3 stories, whichever is higher; prohibits qualifying developments within one-quarter mile of a military installation from utilizing the act’s administrative approval process; exempts certain airport impacted areas from the act’s provisions (amended by the committee); requires developments authorized under the act be treated as a conforming use even after expiration of the development’s affordability period and after the expiration of the applicable statutes; modifies parking reduction requirements for qualifying developments located near certain transportation facilities; requires local governments to publish on its website a policy containing procedures and expectations for the administrative approval of qualifying developments; clarifies that only the affordable units in a qualifying development must be rental units; and requires a qualifying development within a transit-oriented development or area to be mixed-use residential.

As it pertains to the act’s ad valorem tax exemption for newly constructed multifamily developments, the bill makes the following changes: • deletes previously proposed language that provided that “substantially renovated” units may qualify for the exemption, and provided a definition; • requires more than 10 units, rather than 70 units, to be set aside for income-limited persons and families in Florida Keys to qualify for the exemption; • clarifies that the Florida Housing Finance Corporation’s (FHFC) duties are ministerial in certifying eligibility for exemption, while local property appraisers maintain authority to grant tax exemptions; and • outlines the method for property appraisers to determine values of tax-exempt units and deletes previously proposed language which identified criteria for a required market value analysis.

The bill also appropriates $100 million in non-recurring funds from the state’s allocation from the federal Coronavirus State Fiscal Recovery Fund in the General Revenue Fund to the FHFC to implement the Florida Hometown Hero Program and makes one programmatic change, and expands the authority for the FHFC to preclude developers from participating in its programs for certain violations.

HB 1239 (Rep. Lopez), which also addresses similar issues, is in the House State Affairs Committee, its first of three committees of reference.

Affordable Housing in Counties Designated as Areas of Critical State Concern: CS/HB 1297 (Rep. Mooney, Jr.) was reported favorably, reflecting amendments, by the House Local Administration, Federal Affairs & Special Districts Subcommittee on Jan. 31 and moves to the House Ways & Means Committee, its second of three committees of reference.

The bill does the following: • provides that the authorization for a local government to approve the development that would otherwise be precluded by state or local law or regulation does not apply in the Florida Keys Area of Critical State Concern; • revises eligibility for the local option affordable housing ad valorem tax exemption by allowing a county or municipality located in the Florida Keys Area of Critical State Concern or the Key West Area of Critical Feb. 2, 2024 | Legislative Reporter

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State Concern to provide an ad valorem property tax exemption up to 100 percent of the assessed value for single-family residential units or residential duplexes used to provide affordable housing; revises hurricane evacuation clearance time modeling criteria; authorizes land authorities to require compliance with income limitations on land conveyed for affordable housing by memorializing the original land authority funding or donation in a recordable perpetual deed restriction; exempts a county or municipality whose land has been designated by the Legislature as an area of critical state concern within the past five years, and for which the Legislature has declared an intent to provide affordable housing, from a requirement to specified portions of the local housing assistance trust fund to aid very-low-income and low-income persons; and allows for a county that has been designated as an area of critical state concern that levies a tourist development tax and a tourist impact tax to transfer its cumulative surplus from those taxes incurred through Sept. 30, 2024, for the purpose of providing affordable housing for employees whose housing opportunities are impacted by the operation of tourist-related businesses in the county. Any housing financed with funds from this surplus will maintain its status as affordable housing for a minimum of 99 years.

A similar bill, SB 1456 (Sen. Rodriguez) is scheduled to be heard in the Senate Community Affairs Committee, its first of three committees of reference, on Feb. 6.

Movable Tiny Homes: CS/HB 557 (Rep. Stevenson) was reported favorably by House Transportation & Modals Subcommittee on Jan. 31 and moves to the House Commerce Committee, its final committee of reference.

The bill allows a movable tiny home, when built in accordance with the Florida Building Code, to be utilized for year-round living. It amends s.320.01(4) to include “movable tiny home” in the definition of “trailer;” and creates s.320.8201 to provide standards for movable tiny homes.

Under the bill, a “movable tiny home” means a trailer: • that is transportable unit with a house affixed to a single chassis; • designed to provide permanent living quarters for no more than one household; • with a body width not exceeding 14 feet; • with a total area in set up mode that does not exceed 500 square feet; • connected to utilities necessary for operation of installed fixtures and appliances; • constructed and inspected in accordance with the Building Code; and • with a sticker or other documentation certifying that it was inspected and certified for compliance with the Building Code by a licensed professional engineer, architect, or third-party inspector for compliance with the Building Code.

The bill also requires the Building Commission to review any updates to such codes which pertain to requirements for movable tiny homes.

Note there is no Senate companion bill to date.

TRANSPORTATION Alternative Mobility Funding Systems: CS/HB 479 (Rep. Robinson, Jr.) was reported favorably, reflecting amendments, by the House Commerce Committee, its final committee of reference, on Jan. 30 and placed on the House Calendar on Second Reading.

Specifically, the bill does the following: • amends s.163.3164 to provide definitions for “mobility fee” and “mobility plan” to be used within the Community Planning Act; • amends s.163.3180 to provide that: o pursuant to a transportation concurrency agreement, after an applicant makes its contribution or constructs its proportionate share, the project shall be considered to have mitigated its transportation impacts and must be allowed to proceed; Feb. 2, 2024 | Legislative Reporter

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o local governments may not prevent a single applicant from proceeding after the applicant has satisfied its proportionate-share contribution; and o prohibit local governments from charging for transportation impacts if they are not the local government that is issuing a building permit, requires that local governments collect for extra-jurisdictional impacts if they are issuing building permits, and prohibits local governments from assessing multiple charges for the same transportation impact. amends s.163.31801 to provide that: o local governments adopting and collecting impact fees must use localized data available within the previous 12 months of adoption for the local government’s calculation of impact fees if the ordinance or resolution increases the impact fee (the language related to increasing the impact fee was added by the committee); o local governments must also credit against the collection of the impact any contribution identified in the development order or any form of exaction, including monetary contributions; and o holders of transportation or road impact fee credits which existed before the adoption of the mobility feebased funding system, are entitled to the full benefit of the intensity and density prepaid by the credit balance as of the date it was first established.

A similar bill, SB 688 (Sen. Martin), was reported favorably by the Senate Transportation Committee on Jan. 30 and moves to the Senate Rules Committee, its final committee of reference.

Transportation: HB 7049 (Rep. McFarland) was reported favorably by the House Infrastructure & Tourism Appropriations Subcommittee on Feb. 1 and moves to the House Infrastructure Strategies Committee, its final of two committees of reference.

The bill addresses matters related to transportation. Specifically, the bill: • revises the membership of the Center for Urban Transportation Research (CUTR) advisory board; • makes a technical change to the name of a member of the Implementing Solutions from Transportation Research and Evaluating Emerging Technologies Living Lab (I-STREET) advisory board; • creates a moratorium on new metropolitan planning organizations (MPOs) by requiring that after July 1, 2024, no additional MPOs be designated in this state except in urbanized areas, as defined by the United States Bureau of the Census, where the urbanized area boundary is not contiguous to an urbanized area designated before the 2020 census; • repeals the Metropolitan Planning Organization Advisory Council; • requires the Florida Department of Transportation (FDOT) to, at least annually, convene MPOs of similar size for the purpose of exchanging best practices; • creates the following MPO accountability and transparency provisions: o requires FDOT to review each MPO’s long-range transportation plan; o requires FDOT to create quality performance metrics to evaluate each MPO; o beginning Dec. 1, 2025, requires each MPO to annually report its score for each quality performance metric and publish the score and supporting data on its website; o requires FDOT to validate each MPO’s score calculation and adjust as needed; o beginning in December 2026, and every three years thereafter, provides that an MPO that does not achieve the minimum acceptable quality performance score will be placed under the control of the Secretary of Transportation for a period not to exceed one year; and o subject to appropriation, beginning in December 2026, and every three years thereafter, provides that the MPO with the highest quality performance score will receive $5 million from the State Transportation Trust Fund for projects approved in its work program.

• revises the items that each MPO must consider when developing its long-range transportation plan by: o eliminating the provision that requires the Metropolitan Planning Organization Council to review the plans; o allowing, in the financial plan requirement, public-private partnerships to be included as an innovative financing technique to be used to fund needed projects and programs; and

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o revising the list of proposed transportation enhancement activities that an MPO must indicate, as appropriate, to include integration of advanced air mobility, and integration of autonomous and electric vehicles, electric bicycles, and motorized scooters used for freight, commuter, or micromobility purposes. The list of activities no longer is required to indicate historic preservation, mitigation of water pollution due to highway runoff, and control of outdoor advertising. revises the items that each MPO must consider when developing its LRTP and TIP to include projects and strategies that will conserve natural resources and reduce traffic and congestion; requires, by Feb. 2025, the M.P.O.s serving Lee and Collier counties to submit a report considering the feasibility of consolidation into a single MPO; requires, by October 31, 2024, DOT to submit a report to the governor and legislature that provides a comprehensive review of the boundaries of each of DOT’s districts and whether any district boundaries should be redrawn as a result of population growth and increased urban density; and requires, by Oct. 1, 2024, the Department of Highway Safety and Motor Vehicles to begin implementation of a redesigned standard state license plate.

SB 1032 (Sen. Gruters), which also addresses some of the same issues as HB 7049, is scheduled to be heard in the Senate Transportation Committee, its first of three committees of reference, on Feb. 6.

Transportation: CS/CS/HB 287 (Rep. Esposito) was reported favorably, reflecting amendments, by the House Infrastructure & Tourism Appropriations Subcommittee on Feb. 1 and moves to the House Infrastructure Strategies Committee, its final of three committees of reference.

The bill addresses matters related to transportation. Specifically, the bill: • provides that the Florida Department of Transportation (FDOT) may not annually commit more than 20 percent of the revenue derived from state fuel taxes and motor vehicle license-related fees deposited into the State Transportation Trust Fund for public transit projects, with exceptions; • amends statutory requirements for vehicles equipped with teleoperation systems; • increases from five to eight the number of Department of Highway Safety and Motor Vehicles (DHSMV)approved Basic Driver Improvement course elections that are allowed in a lifetime for a person without a commercial driver license or commercial learner’s permit who is cited for a noncriminal moving violation while driving a noncommercial motor vehicle; • requires DHSMV to annually review changes made to major traffic laws of this state and to require course content for certain driving courses to be modified accordingly; • amends the law relating to public-private transportation facilities and partnerships to align with industry terms and practices and to improve current processes; • adds phased design-build contracts to the requirements that FDOT receive at least three letters of interest in order to proceed with a request for proposals and that FDOT request proposals from no fewer than three of the firms submitting letters of interest; • provides in law, rather than as a requirement in an FDOT contract, that a motor vehicle used for the performance of road or bridge construction or maintenance work on an FDOT project must be registered in compliance with Chapter 320 of the Florida Statute; • shortens the deadline for a claimant to institute an action, except an action for recovery of retainage, against the contractor or surety to within 365 days after performance of the labor or completion of delivery of the materials or supplies, rather than within 365 days after the final acceptance of the contract work by FDOT; • amends provisions relating to the limitation on liability of FDOT and its contractors by providing new definitions, revising conditions under which a contractor is immune from liability, and adding an additional circumstance wherein it is presumed that the driver’s operation of the vehicle was the sole proximate cause of her or his own death, injury, or damage from a motor vehicle crash within a construction zone; • creates a working group for the purpose of streamlining the process of developing, executing, and revising utility relocation agreements to facilitate timely relocation of utilities that are in conflict with the department’s construction projects; and Feb. 2, 2024 | Legislative Reporter

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codifies the Local Agency Program (LAP) within FDOT.

Note that the committee removed proposed changes made to s.337.401 and 337.043 relating to use of right-of-way for utilities and interference caused by utilities. The committee also added language which creates a working group for the purpose of streamlining the process of developing, executing, and revising utility relocation agreements to facilitate timely relocation of utilities that are in conflict with the department’s construction projects.

A similar bill, CS/SB 266 (Sen. Hooper), is in the Senate Appropriations Committee on Transportation, Tourism and Economic Development, its second of three committees of reference.

LEGISLATIVE NEWS Florida Senate, House face budget differences CSB Miami Team | CBS News Miami | Feb. 1 Homeowners urge legislators to address Florida’s insurance crisis Dave Elias | WESH2 | Jan. 31 House, Senate Budgets Top $115B Staff | Tallahassee Reports | Jan. 28

Feb. 2, 2024 | Legislative Reporter

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