Legislative Reporter | Jan. 19, 2024

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Jan. 19, 2024 | Legislative Reporter This was the second week of the legislative session. The latest Bill Tracking Report as of the morning of Jan. 19 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 reported favorably by the Senate Judiciary Committee on Jan. 16 and moves to the Senate Rules Committee, its second and final committee of reference.

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, HB 1167 (Rep. Yarkosky), is in the House Civil Justice Subcommittee, its first of three committees of reference.

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Everglades Protection Area: SB 1364 (Sen. Calatayud) was reported favorably by the Senate Community Affairs Committee on Jan. 16 and moves to the Senate Agriculture Committee, its second of three committees of reference.

SB 1364 amends s.163.3184 to require that any proposed comprehensive plan or plan amendment by a county as defined in s.125.011(1) or any municipality located therein which applies to land within, or within two miles of, the Everglades Protection Area as defined in s.373.4592(2), such as lands within Miami-Dade, Broward, or Monroe count, must be reviewed under the State Coordinated Review Process.

The Florida Department of Environmental Protection (DEP) is tasked with determining whether the plan or plan amendment will adversely impact the Everglades Protection Area or Everglades restoration and protection objectives in state law. It has 30 days after receipt of the plan or plan amendment to issue a written determination identifying any adverse impacts. Before adoption, DEP must coordinate with the Department of Commerce and the local government to identify any planning strategies or measures that the local government could include in the proposed plan or plan amendment to eliminate or mitigate any adverse impacts. If any portion of the proposed plan or plan amendment will result in adverse impacts, then the local government must either include planning strategies or measures to eliminate or mitigate the adverse impacts, or not adopt that portion of the proposed plan or plan amendment.

The bill provides that the act may not be construed to limit the Right to Farm Act. It also amends s.163.3187 to: • clarify that site-specific text changes relating directly to, and adopted simultaneously with, a small-scale future land use map amendment are permissible under that section; • provide that a small-scale comprehensive plan amendment is not permitted for property that is located in Miami-Dade, Broward, or Monroe County which is the subject of a proposed amendment by a county as defined in s. 125.011(1) (i.e., Miami-Dade County) or any municipality within, or within two miles of, the Everglades Protection Area as defined under state law; and • provide that within 10 days after the adoption of a small-scale development amendment, a county whose boundaries include any portion of the Everglades Protection Area as defined under state law, and the municipalities within the county, must transmit a copy of the amendment to the Department of Commerce for recordkeeping purposes.

A similar bill, HB 723 (Rep. Busatta Cabrera), is in the House Agriculture, Conservation & Resiliency Subcommittee, its first of three committees of reference.

Expedited Approval of Residential Building Permits: CS/HB 665 (Rep. McClain), a delete-all amendment, was reported favorably by the House Regulatory Reform & Economic Development Subcommittee on Jan. 17 and moves to the House Local Administration, Federal Affairs & Special Districts Subcommittee, its second of three committees of reference.

The bill creates s.177.073 relating to the 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 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; and • 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 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 Oct. 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 Jan. 12, 2024 | Legislative Reporter

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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.

Per the timelines above, the bill mandates 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: • 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

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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 applies 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.

A similar bill, SB 812 (Sen. Igoglia), is scheduled to be heard in the Senate Community Affairs Committee on Jan. 22.

Governing Bodies: SB 894 (Sen. Bradley) was reported favorably by the Senate Community Affairs Committee on Jan. 16 and moves to the Senate Governmental Oversight and Accountability Committee, its second of three committees of reference. The bill amends s.166.0213 to allow the governing body of a municipality to convene meetings and conduct official business via teleconferencing or other technological means as long as such meetings meet all the requirements of public notice, public access, and public participation two times per calendar year.

Meetings that include formal actions on ordinances or are quasi-judicial may not be conducted in via teleconferencing or other technological means. The limitations placed on meetings conducted via teleconferencing relating to public notice, access, and participation may be suspended upon the declaration of a state of emergency issued by the governor under Chapter 252 of the Florida Statute.

HB 157 (Rep. Caruso), an identical bill, is in the House Local Administration, Federal Affairs & Special Districts Subcommittee, its first of three committees of reference.

Main Street Historical Tourism and Revitalization Act: CS/SB 1166 (Sen. DiCeglie) was reported favorably by the Senate Commerce and Tourism Committee on Jan. 16 and moves to the Senate Finance and Tax Committee, its second of three committees of reference.

The bill creates the Main Street Historical Tourism and Revitalization Act, which provides a tax credit against corporate income taxes and insurance premium taxes for qualified expenses incurred in the rehabilitation of a certified historic structure.

The tax credit may not exceed 20 percent (up to a maximum of $200,000) of qualified expenses incurred in the rehabilitation of a certified historic structure that has been approved by the National Park Service to receive a federal historic rehabilitation tax credit, or 30 percent (up to a maximum of $200,000) of the total qualified expenses incurred in the rehabilitation of such a structure that is located within a Florida Main Street or Orlando Main Streets Program.

Any unused amount may be carried forward for a period of up to five taxable years. Tax credits may also be sold or transferred. There is a limit of two transactions for the sale or transfer of all or part of a tax credit. However, qualified expenses may only be counted once in determining the amount of an available tax credit, and no more than one taxpayer may claim a tax credit for the same qualified expenses.

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The annual state revenue loss may not exceed $25 million in any fiscal year. A single entity or individual is authorized to receive up to $1 million in tax credits cumulatively for a single development project. Tax credits purchased from another taxpayer or entity, and any carryover tax credits, may be used in addition to the $1 million limit. If the annual amount exceeds $25 million, applications must be rolled over and awarded the following fiscal year.

A similar bill, HB 1183 (Rep. Barnaby), is in the House Ways & Means Committee, its first of three committees of reference.

Special Districts: CS/HB 7013, a delete-all amendment, was reported favorably by the House Ways & Means Committee on Jan. 17 and moves to the House State Affairs Committee, its second and final committee of reference.

The amended bill revises provisions relating to special districts by: • creating a 12-year term limit for elected members of governing bodies of most types of independent special districts; • 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 meet the requirements of existing bond covenants and contractual obligations; • requiring all special districts to establish goals and objectives for each program and activity undertaken by the district, as well as performance measures and standards to determine if the district’s goals and objectives are being achieved, by Oct. 1, 2024, or the end of the first full fiscal years after its creation, whichever is later. Each district is required to prepare an annual report by Oct. 1 of each year thereafter describing the goals and objectives achieved by the district, as well as performance measures and standards used by the district to make this determination, and any goals or objectives the district failed to achieve; • repealing s.165.0615 that allows a special district to convert itself into a municipality without legislative approval; • requiring any petition to create a CDD include a sworn affidavit, signed by the petitioner, attesting that the planned development of the proposed district will contain sufficient residential units for at least 250 qualified electors within a proposed district of 5,000 acres or less, or at least 500 qualified electors within a proposed district exceeding 5,000 acres or a compact, urban, mixed-use district; • requiring independent special fire control districts to annually 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, SB 1058 (Sen. Hutson), is in the Senate Community Affairs Committee, its first of two committees of reference.

Term Limits: SB 438 (Sen. Ingoglia) was reported favorably by the Senate Ethics and Elections Committee on Jan. 16 and moves to the Senate Community Affairs Committee, its second of three committees of reference.

The bill creates a term limit for county commissioners, providing that a county commissioner may not appear on a ballot for reelection if, by the end of his or her current term of office, the commissioner will have served, or would have served if not for resignation, in that office for eight consecutive years. In a county without imposed term limits, service of a term of office which began before Nov. 8, 2022 is not counted towards the new term limits. The bill Jan. 12, 2024 | Legislative Reporter

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specifies that the statutory term limits for county commissioners does not supersede any more restrictive term limits imposed by a county charter.

The bill also provides that a county commissioner who completes 8 consecutive years of service may not qualify for or appear on the ballot for a different district seat or at-large seat of the county commission until 2 years after the end date of his or her initial term.

A similar bill, HB 57 (Rep. Salzman), is scheduled to be heard in the House Local Administration, Federal Affairs & Special Districts Subcommittee, its first of three committees of reference, on Jan. 19.

Vacation Rentals: CS/SB 280 (Sen. DiCeglie) was reported favorably by the Senate Fiscal Policy Committee, its final committee of reference, on Jan. 18.

Specifically, the amended bill would do the following: • amend s.509.032(7) to preempt the regulation of advertising platforms to the state; • effective Jan. 1, 2025, creates s.509.243 to provide requirements for an advertising platform, including tax collection and remittance requirements; • 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.509.234(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 local government to charge a reasonable fee to process a registration fee and a reasonable fee to process an annual renewal application (previously the bill provided these fees could not exceed $150 and $50 respectively); 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; o a local government cannot deny a registration application 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 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;

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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; and 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 (previously the bill awarded fees only to the vacation rental owner); effective Jan. 1, 2025, amend ss.509.241(2) and (3) 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 of the Florida Statute 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 according to Chapter 718 cooperative documents adopted pursuant to Chapter 719or declaration of covenants or declaration for a homeowners’ association adopted under Chapter 720 of the Florida Statute.

A similar bill, HB 1537 (Rep. Griffitts Jr.), is in the House Regulatory Reform & Economic Development Subcommittee, its first of three committees of reference.

ENVIRONMENT AND NATURAL RESOURCES Saltwater Intrusion Vulnerability Assessments: CS/SB 298 (Sen. Polsky) was reported favorably by the Senate Fiscal Policy Committee, its second and final committee of reference, on Jan. 18.

The bill amends the Resilient Florida Grant Program, s.380.093 to authorize DEP, beginning July 1, 2025, to provide grants to coastal counties to conduct vulnerability assessments analyzing the effects of saltwater intrusion on their water supplies and the preparedness to respond to such a threat.

Each vulnerability assessment must include an analysis of all of the following information: • the coastal county’s primary water utilities; • current maps of the coastal 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 during that timeframe; and • the costs necessary to relocate freshwater wellfields that are anticipated to be impacted, including current projects that are underway to relocate the freshwater wellfields.

The bill also requires DEP to do all of the following: • use the information contained in a coastal county’s saltwater intrusion vulnerability assessment to update its Comprehensive Statewide Flood Vulnerability and Sea Level Rise Data Set; • make publicly available on DEP’s website any appropriate information from a saltwater intrusion vulnerability assessment it receives from coastal counties; and Jan. 12, 2024 | Legislative Reporter

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provide 50 percent cost-share funding up to $250,000 for each grant awarded under this section of the Resilient Florida Grant Program. A coastal county with a population of 50,000 or less is not required to contribute to the cost share.

The Senate Fiscal Policy Committee amended the bill to provide that only coastal counties or coastal municipalities that received written authorization from DEP may establish construction zoning and building code exceptions to coastal construction control lines. The committee also added a provision that DEP may not delegate authority for coastal construction zoning and building codes to coastal counties or coastal municipalities that did not receive local coastal construction zoning and building code exceptions to the coastal control line on or before Dec. 1, 2023.

A similar bill, HB 1079 (Rep. McFarland), is in the House Agriculture, Conservation & Resiliency Subcommittee, its first of three committees of reference.

Renewable Natural Gas: SB 480 (Sen. DiCeglie) was reported favorably by the Senate Appropriations Committee on Agriculture, Environment, and General Government on Jan. 17 and moves to the Senate Fiscal Policy Committee, its final committee 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.

The bill also provides additional revisions to Florida statutes to encourage the use and development of RNG by: • amending s.373.807 to require DEP, 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.403.067to 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.

HOUSING Affordable Housing Property Tax Exemptions for Accessory Dwelling Units: CS/SB 1440 (Sen. Calatayud) was reported favorably as amended by the Senate Community Affairs Committee on Jan. 16 and moves to the Senate Finance and Tax Committee, its second of three committees of reference.

The bill amends s.196.1979 to provide that, in addition to existing options for the local option tax exemption for affordable housing, a county or municipality may exempt up to 100 percent of the assessed value of an accessory dwelling unit meeting the same affordable housing requirements of the existing exemptions. The changes made by the bill first apply to the 2025 ad valorem tax roll, and the bill takes effect July 1, 2024.

Note that the Senate Community Affairs Committee deleted a previously proposed provision of the bill removing the requirement that ordinances adopting the local option tax exemption for affordable housing expire before the fourth Jan. 1 after adoption.

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A similar bill, HB 1299 (Rep. Cross), is in the House Ways & Means Committee, its first of three committees of reference.

Housing for Agricultural Workers: SB 1082 (Sen. Collins) was reported favorably by the Senate Community Affairs Committee on Jan. 16 and moves to the Senate Agriculture Committee, its second of three committees of reference.

The bill amends s.163.3162 to define “agricultural worker” as a person who: • is seasonally or annually employed in agricultural production; • is lawfully present in the United States; • is authorized, and remains allowed, to work; and • has been verified according to the state’s employment eligibility verification requirements.

This term includes a migrant farmworker as defined in s.381.008 and a worker with an H2A visa.

The bill defines “housing site” as the totality of development supporting authorized housing, including buildings, mobile homes, barracks, dormitories, parking areas, common areas, storage structures, and related structures.

The bill provides that a governmental entity may not adopt or enforce any legislation which inhibits the construction or installation of housing for agricultural employees on land zoned for agricultural use and operated as a bona fide farm, except as provided by law. The bill provides that local governments may require that a housing site authorized under this section: • must meet all local and state building standards, including migrant farmworker housing standards regulated by the Department of Health and federal standards for H-2A visa housing; • must be maintained in a neat, orderly, and safe manner; • must have structures placed a minimum of 10 feet apart; • may not exceed square footage of 1.5 percent of the property’s area or 35,000 square feet, whichever is less; • must provide 50 foot setbacks on all sides; • may not be located less than 250 feet from a property line adjacent to property zoned for residential use; • if within 500 feet of a property line adjacent to property zoned for residential use, must contain screening consisting of tree, wall, berm or fence coverage at least six feet in height; and • must cover access drives with dust-free material such as packed shell or gravel.

The bill also provides that a local ordinance adopted pursuant to this section must comply with state and federal regulations for migrant farmworker housing, and that a local government may validly adopt less restrictive land use regulations.

The bill further provides that, beginning July 1, 2024, a property owner must maintain records of all permits for such housing for three years, and make the records available for inspection within 14 days.

If agricultural operations are discontinued on the property for at least 365 days, structures used as living quarters must be removed within 180 days after notice from the local government unless the property owner demonstrates that its intended use will resume within 90 days. If the property ceases to be classified as agricultural, housing established under this section is no longer eligible for residential use without further approval under the local jurisdiction’s zoning and land use regulations. Additionally, if Department of Health permits for agricultural housing uses are revoked, structures used as living quarters must be removed within 180 days of notice from the local government unless the permit is reinstated.

The bill provides that, notwithstanding the provisions herein, the construction or installation of housing for seasonal agricultural employees in the Florida Keys and City of Key West Areas of Critical State Concern is subject to the permit allocation system. The bill finally provides that a housing site constructed and in use before July 1, 2024, may continue to be used, and the property owner may not be required to make changes to meet the requirements of this section, unless the housing site will be enlarged, remodeled, renovated, or rehabilitated.

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A similar bill, HB 1051 (Rep. Tuck), is in the House Agriculture, Conservation & Resiliency Subcommittee, its first of three committees of reference.

TRANSPORTATION Alternative Mobility Funding Systems: HB 479 (Rep. Robinson Jr.) was reported favorably by the House Ways and Means Committee on Jan. 17 and moves to the House Commerce Committee, its final committee of reference.

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.

An identical bill, SB 688 (Sen. Martin), is in the Senate Transportation Committee, its second of three committees of reference.

Department of Agriculture and Consumer Services: SB 1084 (Sen. Collins) was reported favorably by the Senate Agriculture Committee on Jan. 16 and moves to the Senate Appropriations Committee on Agriculture, Environment and General Government, its second of three committees of reference.

SB 1084 makes a number of changes to the regulation of the Department of Agriculture and Consumer Services.

Among the changes, the bill amends s.366.94 to preempt the regulation of electric vehicle charging stations to the state and prohibits local governmental entities from enacting or enforcing such regulations.

An identical bill, HB 1071 (Rep. Alvarez), is in the House Regulatory Reform and Economic Development Subcommittee, its first of three committees of reference.

Transportation: CS/SB 266 (Sen. Hooper) was reported favorably, as amended, by the Senate Transportation Committee on Jan. 17 and moves to the Senate Appropriations Committee on Transportation, Tourism and Economic Development, its second of three committees of reference.

CS/SB 266 contains various provisions relating to transportation. Specifically, the bill: • prohibits the Florida Department of Transportation (FDOT) from annually committing more than 20 percent of the revenues derived from state motor fuel taxes and motor vehicle license-related fees to public transit projects, with the following exceptions: o a public transit project that uses revenues derived from state fuel taxes and motor vehicle license related fees to match funds made available by the federal government; and Jan. 12, 2024 | Legislative Reporter

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o a public transit project included in the transportation improvement program and approved by a supermajority vote of the board of county commissioners where the project is located. amends provisions relating to FDOT’s authority regarding public-private partnerships to: o replace the term “public-private partnership agreement” with the term “comprehensive agreement”; o require an “independent,” instead of an “investment grade,” traffic and revenue study prepared by a traffic and revenue expert; o revise the timeframe, based on the project’s complexity, during which FDOT will accept other proposals for the same project as it received an unsolicited P3 proposal; o authorize FDOT to enter into an interim agreement with a private entity proposing the development or operation of a qualifying project; o limit the FDOT secretary’s power, upon written findings that a comprehensive agreement requires a term in excess of 50 years, to authorize a term of up to 75 years to projects partially or completely funded from project user fees; and o conform other statutory provisions referencing to public-private partnership agreements; provides that a claimant must institute an action against a contractor or surety within 365 days after the performance of the labor or completion of delivery of the materials or supplies; revises a presumption of sole proximate cause on the part of a driver of a vehicle involved in a crash within a construction zone to exclude low-THC cannabis; defines terms and expands contractor limits of liability for personal injury, property damage, or death arising from specified performance of work on a transportation facility or from specified acts or omissions of a third party; revises the application of immunity when the proximate cause of the injury, damage, or death is a latent condition, defect, error, or omission created by the contractor and in the contract documents, or when the proximate cause was the contractor’s failure to perform, update, or comply with the maintenance of traffic control plans, instead of with the traffic safety plan; removes current law providing that in any civil action against FDOT or its agents, consultants, engineers, or contractors for work performed, if FDOT and others specified are immune from liability or are not parties to the litigation, they may not be named on the verdict form or be found to be at fault or responsible for the personal injury, property damage, or death; 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; requires utility relocation agreements to contain provisions regarding liquidated damages; and codifies FDOT’s existing local agency program into Florida law and provides statutory requirements for the program.

A similar bill, CS/HB 287 (Rep. Esposito), is in the House Infrastructure & Tourism Appropriations Subcommittee, its second of three committees of reference.

LEGISLATIVE NEWS Florida TaxWatch report: Unlicensed vacation rentals cost Florida millions Drew Wilson | Florida Politics | Jan. 19 Florida Senate unanimously passed ‘comprehensive’ health plan News Service of Florida | Jan. 19 Changes proposed in ‘My Safe Florida Home’ program News Service of Florida | Jan. 17 Florida leaders launch Hurricane Idalia recovery programs for Florida farmers Channing Frampton | WTXL Tallahassee | Jan. 16

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Florida lawmakers push for fixes to a signature law on affordable housing Mitch Perry | Orlando Weekly | Jan. 15

Jan. 12, 2024 | Legislative Reporter

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