Legislative Reporter | Jan. 12, 2024

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Jan. 12, 2024 | Legislative Reporter The 2024 Legislative Session convened on Jan. 9 and is scheduled to end on March 8. Governor DeSantis delivered his State of the State Address to the joint legislative session.

The deadline for introducing bills was noon on Jan. 9; 1,654 general bills have been filed. Since the last update, close to 60 additional bills have been added to the Bill Tracking Report.

The latest Bill Tracking Report for Jan. 12 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.

Since the last update, the following bills of particular interest have been filed: SB 980 (Sen. Perry) requires that all plans submitted on or after July 1, 2024, for the construction of a pedestrian crosswalk on a public highway, street, or road that is located at any point other than at an intersection with another public highway, street, or road must include coordinated traffic control signal devices and pedestrian control signals that conform with specified requirements.

SB 1032 (Sen. Gruters) specifies that after July 1, 2024, no additional MPOs shall be designated 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.

HB 1051 (Rep. Tuck) and SB 1082 (Sen. Collins) are similar bills that prohibit a governmental entity from adopting or enforcing legislation that inhibits the construction or installation of housing for agricultural workers on land classified as agricultural land pursuant to s.193.461 that is operated as a bona fide farm.

HB 1079 (Rep. McFarland) provides that only coastal counties and municipalities that received written authorization from DEP may establish construction zoning and building code exceptions to coastal construction control lines.

HB 1071 (Rep. Alvarez) and SB 1084 (Sen. Collins) are identical bills that preempt the regulation of electric vehicle charging stations to the state.

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SB 1110 (Sen. DiCeglie) and HB 1177 (Rep. Duggan) are identical bills that revise the scope of power and responsibility of municipalities and counties under the Community Planning Act; modify requirements for local governments implementing transportation concurrency system; clarify circumstances under which local government or special district must credit contributions toward the collection of impact fees; remove the provision that exempts water and sewer connection fees from Florida Impact Fee Act; authorize changes to multimodal pathways, or substitution of such pathways, in previously approved developments of regional impact; specify certain changes to comprehensive plan policies & land development regulations do not apply to a development of regional impact that has vested rights.

HB 1195 (Rep. Garrison) and SB 1322 (Rep. Ingoglia) are identical bills that permit millage rates increases only if approved by a two-thirds vote of the membership of the governing body of the county, municipality, or independent district.

HB 1167 (Rep. Yarkosky) and SB 702 (Sen. Martin) are similar bills that would require courts to award reasonable attorney fees and costs to the prevailing defendant in certain civil actions relating to property rights.

SB 1184 (Sen. Ingoglia) and revises the types of data upon which comprehensive plans and plan amendments must be based; requires that future land use plans be based on data that includes elements related to the amount of land required to accommodate anticipated growth for specified types of development and the amount of certain land located outside of urban service areas; requires local land development regulations to establish minimum lot sizes in certain districts and infill development standards for specified housing units.

HB 1221 (Rep. McClain) revises mechanisms by which owners of agricultural lands apply for and are granted rezonings; revises requirements for use by local governments in reviewing applications for agricultural enclaves; revises types of data that comprehensive plans and plan amendments must be based on; revises means by which application of methodology used in data collection or whether a particular methodology is professionally accepted and evaluated; revises criteria for adopting small scale development amendment; revises content requirements for local land development regulations; revises mechanisms by which applications for infill development must be administratively approved.

HB 1263 (Rep. LaMarca) revises provisions related to My Safe Florida Home Program including legislative intent, eligibility requirements, applications, home inspections, grants, hurricane mitigation, matching fund grants, and priority of applications and providing appropriations.

SB 1330 (Sen. Calatayud) creates the Resilience District Act that provides for the creation of citizen-initiated financing districts created pursuant to this act and limited to the performance of those specialized functions that address infrastructure and resilience problems affecting the district’s geographic area, specifically for public infrastructure.

The following bills of 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 Citizen Volunteer Advisory Committees: SB 224 (Sen. Wright) was reported favorably by the Senate Community Affairs Committee on Jan. 9 and moves to the Senate Government Oversight and Accountability Committee, its second of three committees of reference.

The bill amends s.286.011 to: • authorize citizen advisory committees, whose membership is composed solely of representatives of four or more counties, to conduct public meetings and workshops by means of communications media technology pursuant to the rules of the Administrative Procedures Act; Jan. 12, 2024 | Legislative Reporter

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provide 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; require that communications media technology must allow for all persons attending such public meeting or workshop to audibly communicate, as would be allowed if they were physically present; state that notice for such a meeting or workshop must state whether it will be conducted using communications media technology, how an interested person may participate, and the location of any facilities where communications media technology will be available; and clarify that other public meetings laws must be liberally construed 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.

Development: CS/SB 328 (Sen. Calatayud) was reported favorably reflecting committee amendments by the Senate Community Affairs Committee on Jan. 9 and moves to the Senate Fiscal Policy Committee, its second and final committee of reference.

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: • removes the directive for local governments to approve qualified developments in industrial areas, leaving the provisions applicable only to areas zoned for commercial and mixed-use; • preempts a local government’s “floor area ratio” for qualified developments; • limits the height preemption by entitling qualified developments to the highest currently allowed height for a building within one-quarter mile (instead of one mile) and provides additional considerations if the height of all adjacent buildings are three stories or less; • prohibits qualified developments within one-quarter mile of a military installation from utilizing the Act’s administrative approval process and exempts certain airport impacted areas from the act’s provisions; • clarifies that a local government’s “currently allowed” density, height, and floor area ratio does not include any bonuses, variances, or other special exceptions provided in their regulations; • 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 (added by committee); • requires local governments to publish on its website a policy containing procedures and expectations for the administrative approval of qualifying developments (added by committee); • clarifies that only the affordable units in a qualifying development must be rental units (added by committee); and • requires a qualifying development within a transit-oriented development or area to be mixed-use residential (added by committee).

As it pertains to the Act’s ad valorem tax exemption for newly constructed multifamily developments, the bill makes the following changes: • clarifies that “substantially renovated” units may qualify for the exemption, and provides a definition; • requires 10 units, rather than 70 units, to be set aside for income-limited persons and families in Florida Keys 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.

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The bill also appropriates $100 million in non-recurring funds from the General Revenue Fund to the FHFC to administer the Florida Hometown Hero Program and makes one administrative programmatic change for more efficient administration. It also expands the authority for the FHFC to preclude developers from participating in its programs for certain violations (added by committee.)

HB 1239 (Rep. V. Lopez), identical to SB 328 as it was originally filed, is awaiting a committee assignment.

Municipal Water and Sewer Utility Rates: CS/HB 47 (Rep. F. Robinson) was reported favorably by the House Energy, Communications & Cybersecurity Subcommittee on Jan. 10 and moves to the House Local Administration, Federal Affairs & Special Districts Subcommittee, its second of three committees of reference.

The bill amends s.180.191 to provide that a municipality which operates a water or sewer utility must charge customers outside its municipal boundaries the same rates, fees, and charges as it charges customers within its boundaries if: • the customers are located in another municipality; and • the charging municipality uses a water treatment or sewer treatment plant located in the recipient municipality to serve those customers.

CS/HB 777 (Rep. Brackett) also proposes amendments to s.180.191. This bill would do the following: • require a municipality providing water or sewer service to customers outside of the municipality’s boundaries to charge those customers rate, fees and charges that are just and equitable and are the same rates, fees, and charges for customers inside of the municipal boundaries; • require a public hearing prior to the municipality fixing any rates, fees, or charges for customers outside of the municipal boundaries; • eliminate the ability of a municipality providing water or sewer service outside of its boundaries to charge any surcharge; and • require each municipality that provides water or sewer service outside of its boundaries to conduct a rate study which evaluates specified components by Jan. 1, 2027, and every seven years thereafter.

CS/HB 777 was reported favorably, as amended by the House Energy, Communications & Cybersecurity Subcommittee, on Jan. 10 and now moves to the House Local Administration, Federal Affairs & Special Districts Subcommittee, its second of three committees of reference.

Regional Rural Development Grants Program: CS/SB 196 (Sen. Simon) amends s. 288.018 to specify that funding provided under the Regional Rural Development Grants Program are not matching grants. The bill eliminates the requirement that grant funds received by a regional economic development organization must be matched each year by nonstate resources in an amount equal to 25 percent of the state contributions. It also removes the requirement that the DOC consider the demonstrated need of the applicant for assistance when approving participants for the program. Lastly, the bill removes the requirement that an applicant must show proof that each local government and the private sector made a financial or in-kind commitment to the regional organization in order to receive funding.

The bill was reported favorably by the Senate Appropriations Committee on Transportation, Tourism, and Economic Development on Jan. 11 and moves to the Senate Fiscal Policy Committee, its final of three committees of reference.

An identical bill, HB 141 (Rep. Abbott), is in the House Regulatory Reform & Economic Development Subcommittee, its first committee of reference.

Review of Advisory Bodies: SB 276 (Sen. Avila) was unanimously passed by the Senate on Jan. 10 and is in Messages to the House. The bill requires each executive agency with an adjunct advisory body to annually upload a report by Aug. 15 to the Florida Fiscal Portal website maintained by the Executive Office of the Governor. The report must identify the statutory authority for the advisory body, the purpose or objective of the advisory body, the information regarding the advisory body’s membership, a list of the meeting dates and times for the preceding three Jan. 12, 2024 | Legislative Reporter

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fiscal years, a summary of the work plan for the current fiscal year and next two fiscal years, the amount of funds appropriated and staff time used each fiscal year, and a recommendation by the agency on whether to continue, terminate, or modify each advisory body.

The bill also requires any law that creates or authorizes the creation of an advisory body to include a sunset review process wherein the advisory body’s authority would repeal on Oct. 2 of the third year after its enactment, unless saved from repeal through reenactment by the legislature.

An identical bill, HB 1211 (Rep. Botana), was filed on Jan. 4 and is awaiting committee assignment.

ENVIRONMENT AND NATURAL RESOURCES Easements Affecting Real Property Owned by the Same Owner: HB 799 (Rep. W. Robinson) creates s.704.09 to provide that a real property owner may create an easement, servitude, or other interest in the owner’s real property and such easement, servitude, or other interest is valid even though the owner owns all of the affected real property.

The bill: • applies to any easement, surface water management agreement, or any other rights in the nature of an easement, servitude, profit, use right, restriction, obligation, condition, reservation, or other covenant, contained in a written instrument, however denominated; and • does not revive or reinstate any right or interest that has been fully and finally adjudicated as invalid before the bill’s effective date.

The bill was reported favorably by the House Civil Justice Subcommittee on Jan. 11 and moves to the House Infrastructure Strategies Committee, its second of three committees of reference. An identical bill, SB 814 (Sen. Yarborough), is in the Senate Judiciary Committee, its first of two committees of reference.

Environmental Management: CS/SB 738 (Sen. Burgess) was reported favorably as amended by the Senate Environmental and Natural Resources Committee on Jan. 10 and moves to the Senate Judiciary Committee, its second of three committees of reference.

CS/SB 738 provides that the prevailing party in a challenge filed against an authorization by the Department of Environmental Protection (DEP) or a water management district (WMD) is entitled to recover reasonable costs and attorney fees in challenging or defending such authorization, regardless of whether the nonprevailing party participated in the proceeding with an improper purpose.

The bill requires the side slopes of nonindustrial stormwater management systems, in or adjacent to residential or urban areas, 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 sufficiently fenced to prevent accidental incursion into the system. The bill supersedes all side slope rules that have been adopted by DEP, WMDs, 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 which 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.

Finally, the bill also requires DEP and each 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, 2024, DEP and each WMD must provide their findings and proposed solutions in a report to the governor and legislature.

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Ann identical bill, HB 789 (Rep. Overdorf), is in the House Water Quality, Supply & Treatment Subcommittee, its first of three committees of reference.

Land Acquisition Trust Fund: SB 452 (Sen. Burton) would provide an annual appropriation of $20 milion from the Land Acquisition Trust Fund to the Department of Environmental Protection to implement the Heartland Headwaters Protection and Sustainability Act. The funds must be used to enter into financial assistance agreements and distributed in accordance with the projects identified in the Heartland Headwaters Annual Report that protect, restore, or enhance the headwaters of the river systems located in the Heartland Region of Central Florida.

The bill was reported favorably by the Senate Environment and Natural Resources Committee on Jan. 10 and moves to the Senate Appropriations Committee on Agriculture, Environment and General Government, its second of three committees of reference. An identical bill, HB 451 (Rep. Bell), is in the House Agriculture & Natural Resources Appropriations Subcommittee, its first of three committees of reference.

SB 566 (Sen. Rodriguez) also relates to the Land Acquisition Trust Fund. This bill appropriates $20 million annually from the Land Acquisition Trust Fund to the Department of Environmental Protection (DEP) for the purpose of: • entering into financial assistance agreements with local governments located in the Florida Keys or the City of Key West Areas of Critical State Concern to promote the protection or restoration of Florida Bay, the Florida Keys, and nearshore marine ecosystems, including coral reefs; or • acquiring land within the Florida Keys Area of Critical State Concern with increased priority given to acquisitions that achieve a combination of conservation goals.

The bill prohibits DEP from using the appropriated funds to implement wastewater management projects or programs.

SB 566 was reported favorably by the Senate Environment and Natural Resources Committee on Jan. 10 and moves to the Senate Appropriations Committee on Agriculture, Environment and General Government, its second of three committees of reference.

Renewable Natural Gas: SB 480 (Sen. DiCeglie) was reported favorably by the Senate Regulated Industries Committee on Jan. 9 and now moves to the Senate Appropriations Committee on Agriculture, Environment, and General Government, its second of three committees of reference.

The bill amends s.366.91 relating to Florida’s renewable energy policy, to do the following: • allow public utilities to recover, through an appropriate cost-recovery mechanism administered by the Florida Public Service Commission, reasonably incurred costs for certain renewable natural gas (RNG) infrastructure projects; and • specify limitations and approval requirements for cost recovery for renewable natural gas infrastructure projects.

It also provides additional revisions to Florida statutes to encourage the use and development of RNG by: • amending s.373.807 to require the Department of Environmental Protection, in adopting basin management action plans (BMAPs) for Outstanding Florida Springs, to include identification of water quality improvement projects that can also produce and capture RNG; • amending s.403.067 to require, when implementing total maximum daily loads for BMAPs, under certain circumstances where a wastewater treatment plan is necessary, to include in that plan any renewable energy opportunities stemming from the production and capture of RNG; • amending s.403.7055 to add municipalities and RNG in a provision in current law encouraging counties to form multicounty regional solutions to the capture and reuse or sale of methane gas from landfills and wastewater treatment facilities; and • amending s.570.841 to revise the farm-to-fuel initiative program to provide that the initiative may address the production and capture of RNG. A similar bill, HB 683 (Rep. Yeager), is in the House Energy, Communications & Cybersecurity Subcommittee, its first committee of reference.

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TRANSPORTATION Alternative Mobility Funding Systems: SB 688 (Sen. Martin) was reported favorably by the Senate Community Affairs Committee on Jan. 9 and moves to the Senate Transportation Committee, its second of three committees of reference. The bill revises provisions concerning impact fees and concurrency while providing additional guidance concerning mobility fees.

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; 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; 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.

HB 479 (Rep. Robinson, Jr.), an identical bill, was reported favorably by the House Local Administration, Federal Affairs & Special Districts Subcommittee on Jan. 10 and moves to the House Ways & Means Committee, its second of three committees of reference.

Transportation: CS/HB 287, reflecting a proposed committee substitute, was reported favorably by the House Transportation & Modals Subcommittee on Jan. 10 and moves to the House Infrastructure & Tourism Appropriations Subcommittee, its second of three committees of reference.

The amended bill does the following: • provides that the 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 DHSMV-approved BDI 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; • 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; Jan. 12, 2024 | Legislative Reporter

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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; amends requirements relating to utility permits or relocation agreements as well as requirements relating to relocation of utilities which unreasonably interfere with use of or construction on public roads or publicly owned rail corridors; and codifies the Local Agency Program (LAP) within FDOT.

A similar bill, SB 266 (Sen. Hooper), is in the Senate Transportation Committee, its first of three committees of reference.

LEGISLATIVE NEWS Florida Senate passes scaled-back school “deregulation” plan CBS News Miami | Jan. 11 Gov. DeSantis opens 2024 Legislature by calling Florida the ‘envy of the nation’ John Kennedy | USAToday Florida Network | Jan. 9 As session starts, Fla. lawmakers will yet again debate rules for vacation rentals Chad Mills | WFTS Tampa Bay | Jan. 10 Florida lawmakers kick-start the 2024 legislative session with bills addressing different issues Destiny Wiggins | Spectrum News 13 | Jan. 10 Florida Republican files bill that would eliminate almost all mail-in voting News Service of Florida | Jan. 9 Kathleen Passidomo says it’s time to deregulate Florida’s public schools Jacob Ogles | Florida Politics | Jan. 9 Click on image to view agenda and register. Registration closes on Jan. 19 @ 5 pm ET.

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