Legislative Reporter | April 18

Page 1


April 18, 2025 | Legislative Reporter

There are just two weeks left until the 2025 legislative session is scheduled to end on May 2. Some committees have already stopped meeting as the focus turns to budget negotiations. Bills that have not yet been heard in committee or have moved slowly through the process are likely to not be passed this year.

To date, 11 bills have passed both chambers. Pursuant to Article III Section 8 of the Florida Constitution, every bill passed by the legislature is presented to the governor for approval and becomes law if the governor approves and signs it, or fails to veto it within seven consecutive days after presentation. If during that period or on the seventh day the legislature adjourns sine die or takes a recess of more than 30 days, the governor has 15 consecutive days from the date of presentation to act on the bill.

You can follow Governor DeSantis’s bill actions by going to his office website. Scroll down to the Quick Links section and click on the button titled “2025 Bill Actions”.

The Bill Tracking Report, as of April 18 can be viewed here Please review it to see the filed bills that APA Florida is tracking and their status. Note that if you click on the bill number, you will be linked to more information about the bill.

The following bills of interest had action this week.

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. Please note that not all bills are covered in all legislative reports. The reports focus on bills of particular interest that have had action over the previous week. You can use the Bill Tracking Report to see the status of other bills.

PRIORITY BILLS

SB 184 (ADUs)

SB 1264 (Rural/Business Enterprise)

SB 1080/HB 579 (Land Regulation)

SB 140 (Charter Schools)

HB 943 (Live Local Act)

HB 209 (State Parks)

SB 1730 (Affordable Housing)

Bill history here

Bill history here

Requires counties and municipalities to adopt an ordinance by Dec. 1, 2025, to allow accessory dwelling units (ADUs) in any area zoned for single-family residential use. (No movement.)

Repeals Regional Planning Councils, minority business enterprises and redefines a rural community. (page 10)

Bill history here. Amends certain statutes regulating the development permit review and approval and order applications by local governments. (page 5)

Bill history here

Limits who may apply for a conversion charter school to only parents with children enrolled at the school and certain municipalities seeking a job engine charter school to attract job-producing entities to the municipality. (page 11)

Bill history here. Amends various provisions in the Live Local Act relating to affordable housing, certain building moratoriums, and reporting requirements (page 13)

Bill history here

Bill history here

Creates the State Park Preservation Act. It requires state parks or preserves to be managed in a manner that provides the greatest combination of benefits to the public and the land’s natural resources (page 12)

Requires local governments to authorize multifamily and mixed use residential as allowable uses in portions of any flexibly zoned area such as a planned unit development permitted for commercial, industrial, or mixed use, if at least 40 percent of the residential units in a proposed multifamily development are rental units that, for a period of at least 30 years, are affordable. (page )

GROWTH MANAGEMENT

Areas of Critical State Concern: CS/CS/HB 995 (Rep. Mooney, Jr.) was reported favorably by the House State Affairs Committee, its final committee of reference, on April 17 and placed on the House Special Order Calendar for April 24.

The bill amends s.255.05 to exempt a person who enters into a formal contract with the state or any county, city, political subdivision, or other public authority or private entity for the construction, completion, or repair of public buildings or public works from executing the required payment and performance bond if the following conditions are met:

• the work is done on property located within an area of critical state concern that is subject to a long-term ground lease of 99 years or more with Habitat for Humanity International, Inc., or any of its local affiliates, at the discretion of the official or board that owns the subject underlying property in fee simple; and

• the leasehold interest created by the ground lease of 99 years or more is subject to any claims by claimants who are lienors and applicable lien provisions; the underlying real property owned by the state, or any county, city, or political subdivision thereof, or other public authority is not subject to any lien rights established in Chapter 713.

The bill also amends s.259.105 to extend the date through which at least $5 million of the funds allocated from the Florida Forever Act to the Florida Department of Environmental Protection for the acquisition of lands and capital project expenditures must be spent on land acquisition within the Florida Keys Area of Critical State Concern. The funding requirement currently extends through fiscal year 2026-27 and the bill extends it through fiscal year 2035-36.

Additionally, it amends s.380.0552, which establishes the Florida Keys Area of Critical State Concern, to revise the requirement that local comprehensive plans maintain a hurricane evacuation clearance time for permanent residents of no more than 24 hours by extending it to no more than 24.5 hours or 825 permit allocations, whichever is less. The bill also adds that, to ensure the hurricane evacuation clearance time is met, Monroe County, the Village of Islamorada, the cities of Marathon, Layton, and Key West must each continue to maintain permit allocation systems limiting the number of permits issued for new residential dwelling units.

The bill provides that the Administration Commission must distribute 825 permit allocations over a period of at least 10 years, as follows:

• Monroe County must receive 539 permit allocations, all of which must be issued to vacant, buildable parcels. Only one of the allocated building permits shall be awarded to any individual parcel and 377 must be issued only for workforce housing;

• The City of Marathon must receive 187 permit allocations, all of which must be issued to vacant, buildable parcels. Only one of the allocated building permits shall be awarded to any individual parcel. Distribution of the permits must prioritize allocations for owner-occupied residences, affordable housing, and workforce housing;

• The City of Islamorada must receive 71 permit allocations, all of which must be issued to vacant, buildable parcels. Only one of the allocated building permits shall be awarded to any individual parcel. Distribution of the permits must prioritize allocations for owner-occupied residences, affordable housing, and workforce housing; and

• The City of Key West must receive 28 permit allocations. The housing constructed pursuant to the allocated permits must be affordable.

The bill defines “workforce housing” as residential dwelling units restricted for a period of at least 99 years to occupancy by households who derive at least 70 percent of their household income from gainful employment in Monroe County supplying goods or services to Monroe County residents or visitors.

A similar bill, CS/CS/SB 1326 (Sen. Rodriguez) is in the Senate Rules Committee, its final committee of reference.

Construction and Facilities: CS/HB 569 (Rep. Kendall) was passed by the House on April 16, received by the Senate, and referred to the Senate Rules Committee.

The bill does the following:

• revises s.163.3180 to provide that, with respect to the concurrency requirement, a charter school is a public facility;

• amends ss.163.31801(5) to provide that, if a local government or special district charges and collects an education impact fee, a developer may contract with a school district or charter school to provide an improvement or contribution, including monetary contributions, land dedications, site planning and design, or construction, and shall be credited against the collection of the education impact fee on a dollar-for-dollar basis at fair market value. The public school that benefits from the improvement or contribution must be within a 3-mile radius of the development and the credits must be approved by the local government or special district;

• creates s.316.18941 to provide that local authorities may not impose or enforce any vehicular stacking ordinance or regulation against any public school or private school during adopted school hours, including during student drop-off and pick-up hours, if such ordinance or regulation would limit enrollment; and

• amends s.1002.33 to prohibit local government from also enforcing any local building requirements or site-development restrictions on charter schools that are more stringent than those found in the State Requirements for Education Facilities of the Florida Building Code, and to prohibit a local government from requiring a charter school to obtain a special exemption or conditional use approval to be an allowable use under the local government’s land development code. SB 1188 (Sen. McClain), a similar bill, is in the Senate Rules Committee, its final committee of reference.

Construction Regulations: CS/CS/SB 712 (Sen. Grall), a delete-all amendment, was reported favorably by the Senate Appropriations Committee on Agriculture, Environment, and General Government on April 15 and is scheduled to be heard in the Senate Rules Committee, its final committee of reference, on April 21.

The bill creates s.125.572 to direct the Department of Environmental Protection (DEP) to adopt minimum standards for the installation of synthetic turf on single-family residential properties one acre or less in size. These standards must consider material type, color, permeability, stormwater management, potable water conservation, water quality, proximity to trees and other vegetation, and other factors impacting environmental conditions of adjacent properties.

Upon the adoption of such standards, local governments are prohibited from adopting or enforcing any ordinance, resolution, order, rule, or policy that prohibits, or is enforced to prohibit, a property owner from installing synthetic turf on his or her land that complies with these standards which apply to single family residential properties. The bill also prohibits a local government from adopting or enforcing any ordinance, resolution, order, rule, or policy that regulates synthetic turf which is inconsistent with the standards adopted. “Synthetic turf” is defined to mean “a manufactured product that resembles natural grass and is used as a surface for landscaping and recreational areas.” The bill directs the DEP to adopt rules to implement the section.

The bill creates s.218.755 to provide that, beginning on or after July 1, 2025, if a local government receives a price quote from its contractor for a change order requested or issued by the local government, and the price quote meets all statutory and contractual requirements for the project, the local government must provide written notice to the contractor approving or denying the price quote within 35 days. If a local government denies the price quote, the written notice must specify the alleged deficiencies in the quote and list the actions necessary to remedy the deficiencies. If a local government fails to provide the contractor with a notice in compliance with this section, the change order and price quote are deemed approved and the local government must pay the contractor the amount stated in the price quote upon completion of the change order. A contract between a local government and a contractor may not alter these provisions. (The committee amended the time-frame for acting on price quotes from 30 days to 35 days.)

The bill amends s.255.0992 to provide that the state or any political subdivision, when scoring or evaluating bids for a public works project, may not penalize a bidder for performing a larger volume of construction work for the state or political subdivision, or reward a bidder for performing a smaller volume of construction work for the state or political subdivision. (The committee added the language regarding scoring or evaluating bids for public works projects.)

It further amends s.399.035 related to elevator accessibility requirements for the physically handicapped, s.489.105 related to pool and spa contractors, s.489.113 related to contractors, and s.489.505 related to certified alarm system contractors. (The first three amendments were added by the committee.)

The language changes s.553.73 to provide that, by Jan 1, 2026, or the next update of the Florida Building Code (currently scheduled for the end of 2026), the Florida Building Commission must amend the Florida Building Code to be consistent with the 2024 International Building Code provisions recognizing tall mass timber as allowable material for certain construction types. It also provides total exemption from the Florida Building Code for any system or equipment, whether affixed or movable, which is located on property within a spaceport territory, and which is used for the production, erection, alteration, modification, repair, launch, processing, recovery, transport, integration, fueling, conditioning, or equipping of a space launch vehicle, payload, or spacecraft.

It also amends s.553.79 to provide that a local enforcement agency may not require a copy of a contract between a builder and an owner, any copies of these contracts, or any associated documents including, but not limited to, letters of intent, material cost lists, labor costs, or overhead or profit statements as a requirement to apply for or receive a building permit. Finally, it changes the alternative plans review and inspection process (s.553.791). These changes added by committee are:

• expands permit application requirements to include, in the case of a single-trade plan review where a private provider uses an automated or software-based plans review system, the information reviewed by the automated or softwarebased plans review system to determine compliance with one or more applicable codes;

• includes solar energy and energy storage installations or alterations in the definition of what can be part of a single trade inspection or plan review;

• allows, for single-trade plans review, the use of automated or software-based plans review systems designed to determine compliance with one or more applicable codes, including but not limited to, the National Electrical Code and the Florida Building Code; and

• for permit applications related to a single-trade plans review for a single-family or two-family dwelling, requires the local government to approve a permit or provide written notice of deficiencies within 5 business days after receipt

A similar bill, CS/CS/CS/HB 683 (Rep. Griffitts, Jr.) was reported favorably, reflecting a delete-all amendment, by the House Commerce Committee, its final committee of reference, on April 15 and placed on the House Special Order Calendar for April 23.

Department of Agriculture and Consumer Services: CS/CS/CS/SB 700 E1 (Sen. Truenow) was passed by the Senate on April 16 and is in Messages to the House.

This comprehensive bill makes several changes to regulations related to the Department of Agriculture and Consumer Services

Of particular interest, the bill amends s.163.3162 to address housing for legally verified agricultural workers. The legislation defines “housing site” as the totality of development supporting authorized housing, including buildings, mobile homes, barracks, dormitories used as living areas, parking areas, common areas such as athletic fields or playgrounds, storage structures, and other related structures.

It also defines “legally verified agricultural worker” as a person who:

• is lawfully present in the United States;

• meets the definition of eligible worker pursuant to 29 C.F.R. s.502.10;

• has been verified according to the state’s employment eligibility verification requirements and is authorized to work at the time of employment.;

• is seasonally or annually employed in a bona fide agricultural production;

• remains lawfully present and authorized to work throughout the duration of that employment; and

• is not an unauthorized alien as defined in s.448.095(1)

A governmental entity may not adopt or enforce any legislation, regulation, or ordinance to inhibit the construction or installation of housing for legally verified agricultural workers on land classified as agricultural land pursuant to s.193.461, which is operated as a bona fide farm, except as provided.

The text also provides that construction or installation of housing units for legally verified agricultural workers on parcels of land classified as agricultural land must satisfy all of the following criteria:

• must meet federal, local and state building standards, including migrant farmworker housing standards regulated by the Department of Health and federal standards for H-2A visa housing; if written notice of intent is required to be submitted to the Department of Health, the appropriate local governmental entity with jurisdiction over the agricultural lands may also require a copy of the written notice;

• must be maintained in a neat, orderly, and safe manner;

• all structures containing dwelling units must be located a minimum of 10 feet apart

• the square footage of the housing site’s climate-controlled facilities may not exceed 1.5 percent of the property’s area or 35,000 square feet, whichever is less;

• must provide 50-foot setbacks on all sides; however an internal project driveway may be located in the required yard space if the yard is adjacent to a public roadway or to property that is under common ownership with the housing site;

• may not be located less than 100 feet from a property line adjacent to property zoned for residential use;

• if within 250 feet of a property line, must provide screening, meeting specified designs, between the housing site and any residentially developed adjacent parcels that are under different ownership; and

• must cover access drives with relatively dust-free material such as packed shell or gravel

• It states that a local ordinance adopted must comply with all state and federal regulations for migrant farmworker housing, as applicable. A local government may validly adopt less restrictive land use regulations, but they must still meet specified Department of Health regulations and specified federal regulations. However, the ordinance may not conflict with the definition and requirements of a legally verified agricultural worker.

The bill further provides that, beginning July 1, 2025, a property owner must maintain records of all approved permits, including successor permits, for migrant labor camps or residential migrant housing for three years, and make the records available for inspection within 14 days after receiving a request by a governmental entity.

It also states that a housing site may not continue to be used and may be required to be removed under the following circumstances:

• if a housing site is not being used for legally verified agricultural workers for longer than 365 days, any structure used as living quarters must be removed with 180 days after receipt of written notice from the county unless the property owner can demonstrate use of the site for housing for legally verified agricultural workers will occur within 90 days;

• if the property on which the housing site is located ceases to be classified as agricultural land pursuant to s.193.461;

• if the permit authorized by the Department of Health for the housing site is revoked, all structures must be removed within 180 days of notice from the county unless the permit is reinstated by the Department of Health; and

• if a housing site is found to be occupied by any person who does not meet the definition of a legally verified agricultural worker, or is otherwise unlawfully present in the United States; the property owner, shall be imposed a Class I fine not to exceed $1,000, for the first violation and a Class II fine, not to exceed $5,000, for any subsequent violations.

The construction or installation of housing sites for legally verified agricultural workers in the Florida Keys and the City of Key West areas of critical state concern is subject to the permit allocation systems and allows that any 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 new requirements, unless the housing site will be enlarged, remodeled, renovated, or rehabilitated.

It also changes s.366.94 to allow local governments to issue permits for electric vehicle charging stations based solely on standards established by CADS rule and other provisions of state law. DEP must prescribe by rule the period for approving or denying permit applications.

Finally, the language also amends s.1013.373 to prohibit a local government from adopting any ordinance, regulation, rule, or policy to prohibit, restrict, regulate, or otherwise limit any activities of public education facilities and auxiliary facilities constructed by a board for agricultural education, for Future Farmers of America or 4-H activities, or the storage of any animal or equipment thereof. It also provides that lands used for agricultural education or for Future Farmers of America or 4-H activities are considered agricultural lands pursuant to s.193.461,F.S. and subject to s.823.14.

A similar bill, CS/CS/CS/HB 651 (Rep. Tuck and Rep. Alvarez) was reported favorably by the House Commerce Committee, its final committee of reference, on April 15.

Farm Products: HB 211 (Rep. Cobb and Rep. Hunschofsky) was reported favorably by the House Commerce Committee, its final committee of reference, on April 15 and placed on the House Special Order Calendar for April 23.

The bill amends the definition of “farm products” in s.163.3162 to mean plants and plant products, regardless of whether the plants and plant products are edible or nonedible, or any animal useful to humans and includes, but is not limited to, any product derived therefrom.

Also, s.163.3162(3)(a) is changed to provide that a bona fide farm operation, that cannot be regulated or limited by a local government, includes, but is not limited to, the collection, storage, processing, and distribution of a farm product.

SB 374 (Sen. Truenow), an identical bill, is in the Senate Community Affairs Committee, its second committee of reference.

Local Government Land Regulation: CS/SB 1080 (Sen. McClain) was reported favorably, reflecting amendments, by the Senate Rule Committee, its final committee of reference, on April 16. As discussed below, the committee expanded the bill to add new provisions related to agricultural enclaves, concurrency, and impact fee increases.

Among the changes, s.125.022 and s.166.033 would require that a county or municipality respectively must specify in writing the minimum information that must be submitted in an application for a zoning approval, rezoning approval, subdivision approval, certification, special exception, or variance. Under the bill, the local government must:

• make the minimum information available for inspection and copying at the location where the local government receives applications for development permits and orders;

• provide the minimum information to the applicant at a preapplication meeting; or

• post the minimum information on the local government’s website

Within five business days after receiving an application for approval of a development permit or development order, the bill requires that a local government must confirm receipt of the application using the contact information provided by the applicant. The bill clarifies that, within 30 days after receiving an application for approval of a development permit or order, a local government must review the application for completeness and either issue a written notification to the applicant indicating that all required information is submitted or specify, with particularity and in writing, any areas that are deficient.

For an application for a development permit or order that does not require final action through a quasi-judicial hearing or public hearing, the bill requires a local government to, within 120 days after the local government has deemed the application complete, approve the application, approve the application with conditions or deny the application.

For an application for a development permit or order that does require final action through a quasi-judicial hearing or public hearing, the bill requires a local government to, within 180 days after the local government has deemed the application complete, approve the application, approve the application with conditions or deny the application.

The bill prohibits a local government from limiting the number of quasi-judicial hearings or public hearings held each month if such limitation causes any delay in the consideration of an application for approval of a development permit or order.

Additionally, the bill clarifies that a local government and an applicant may agree in writing to an extension of time for processing an application, particularly in the event of a force majeure or other extraordinary circumstance.

It also provides that these timeframes restart if an applicant makes a substantive change to the application. The term is defined as an applicant-initiated change of 15 percent or more in the proposed density, intensity, or square footage of a parcel.

The bill requires a local government to issue specified refunds to an applicant if timeframes are not met. However, a local government is not required to issue a refund if:

• the applicant and the local government agree to an extension of time;

• the delay is caused by the applicant; or

• the delay is attributable to a force majeure or other extraordinary circumstance

It further revises ss.163.3162(4) related to agricultural enclaves. These committee changes to do the following:

• allows the owner of a parcel of land to apply to the local governing body for certification of the parcel as an agricultural enclave if one or more adjacent parcels or an adjacent development permits the same density as, or higher density than, the proposed development;

• requires the local government to provide the applicant with a written report detailing the application’s compliance with this subsection with 30 days after receipt of the applications;

• requires the local government to hold a public hearing, withing 30 days after providing the above report, to approve or deny the certification;

• if the local government does not approve or deny the certification within 90 days after receipt of the application, the parcel must be certified as an agricultural enclave;

• if the application is denied, the local government must issue its decision in writing with detailed findings of fact and conclusions of law; the applicant may seek review of the denial by filing a petition for writ of certiorari in the circuit court within 30 days after the local government renders its decision;

• if the application is approved, the parcel owner may submit development plans for single-family residential housing which are consistent with the land use requirements, or future land use designations, including uses, density, and intensity, of one or more adjacent parcels or an adjacent development; the submitted development must be treated as a conforming use;

• prohibits a local government from enacting or enforcing a law or regulation for an agricultural enclave which is more burdensome than for other types of applications for comparable uses or densities;

• requires a local government to treat an agricultural enclave that is adjacent to an urban service district as if it is within that district;

• within 30 days after receipt of the development plans, the local government and parcel owner must agree in writing to a process and schedule for information submittal, analysis, and final approval, which may be administrative in nature, of the development plans; the local government may not require the owner to agree to a process that is longer than 180 days or that includes further review of the plans in a quasi-judicial process or public hearing; and

• provides that nothing in this subsection preempts or replaces any protection currently existing for property located within the boundaries of a military installation or range identified in s.163.3175(2)

The committee changed ss.163.3164(4) to revise the definition of “agricultural enclave” to mean an unincorporated parcel, or parcels, that as of Jan 1, 2025:

• are owned or controlled by a single person or entity;

• have been in continuous use for bona fide agricultural purposes, as defined by s.193.461, for a period of 5 years before the date of any comprehensive plan amendment or development application;

• are surrounded on at least 75 percent of their perimeter by:

◦ a parcel or parcels that have existing industrial, commercial, or residential development, or

◦ a parcel or parcels that the local government has designated, in the local government’s comprehensive plan, zoning map, and future land use map, as land that is to be developed for industrial, commercial, or residential purposes, and at least 75 percent of such parcel or parcels exist industrial, commercial, or residential development;

◦ do not exceed 700 acres and are surrounded on at least 50 percent of their perimeter by a parcel or parcels that the local government has designated on the local government’s future land use map as land that is to be developed for industrial, commercial, or residential purposes; and the parcel or parcels are surrounded on at least 50 percent of their perimeter by a parcel or parcels within an urban service district, area, or line; or

◦ are located within the boundary of an established rural study area adopted in the local government’s comprehensive plan which was intended to be developed with residential uses and is surrounded on at least 50 percent of its perimeter by a parcel or parcels that the local government has designated on the local government’s future land use plan as land that can be developed for industrial, commercial, or residential purposes.

• have public services, including water, wastewater, transportation, schools, and recreation facilities, available or such public services are scheduled in the capital improvement element to be provided by the local government or can be provided by an alternative provider of local government infrastructure in order to ensure consistency with applicable concurrency provisions of s.163.3180, or the applicant offers to enter into a binding agreement to pay for, construct, or contribute land for its proportionate share of such improvements;

• do not exceed 1,280 acres; however, if the parcel or parcels are surrounded by existing or authorized residential development that will result in a density at buildout of at least 1,000 residents per square mile, then the area must be determined to be urban, and the parcel or parcels may not exceed 4,480 acres; and

• are located within a county with a population of 1.75 million or less. For purposes of this subsection, population shall be determined in accordance with the most recent official estimate pursuant to s.186.901

The bill provides that where a right-of-way, body of water, or canal exists along the perimeter of a parcel, the perimeter calculations of the agricultural enclave must be based on the adjacent parcel or parcels across the right-of-way, body of water, or canal. (This was added by the committee.)

It also provides that the amendments to ss.163.3162(4) and 163.3164(4) expire on Jan. 1, 2027, and the text of those subsections shall revert to that in existence on September 30, 2025, except that any amendments to such text enacted other than by this bill will be preserved and continue to operate to the extent that such amendments are not dependent upon the portions of text which expire pursuant to this section. (This language was added by the committee.)

The bill amends s.163.3180 related to concurrency, to provide that a school district may not collect, charge, or impose any alternative fee in lieu of an impact fee to mitigate the impact of development on educational facilities unless such fee meets the requirements of s.163.31801(4)(f) and (g). In any action challenging a fee under this paragraph, the school district has the burden of proving by a preponderance of the evidence that the imposition and amount of the fee meet the requirements of state legal precedent. (These provisions were added by the committee.)

The bill also amends ss.163.31801(6)(g) related an increase in impact fees by a local government, school district or special district. The bill requires that the impact fee increase ordinance is unanimously approved by the governing body, as opposed to the currently required two-thirds vote. It also requires that an impact fee increase approved under this paragraph must be implemented in at least two but not more than four equal annual increments beginning with the date on which the impact fee increase ordinance is adopted. Additionally, a local government may not increase an impact fee rate beyond the phase-in limitations under this paragraph if the local government has not increased the impact fee within the past seven years. Any year in which the local government is prohibited from increasing an impact fee because the jurisdiction is in a hurricane disaster area is not included in the seven-year period. (These revisions were added by the committee.)

It deletes current language that provides that the requirements of s.163.31801(6) apply retroactively to Jan. 1, 2021. (This was added by the committee.)

The bill also amends s.163.3184 dealing with the expedited state review process, clarify that that the local government must transmit adopted plan amendments and appropriate supporting data and analyses to the reviewing agencies within ten working days after the date of adoption. It provides that the local government is in compliance if the second public hearing is held within the 180-day period following receipt of agency comments, even if the amendments are approved at a subsequent hearing.

A similar bill, CS/HB 579 (Rep. Overdorf), is in the House Commerce Committee, its final committee of reference. Local Option Taxes: CS/CS/SB 1664 (Sen. Trumbull), a delete-all amendment, was reported favorably by the Senate Finance and Tax Committee on April 15 and is scheduled to be heard in the Senate Appropriations Committee, its final committee of reference, on April 22.

The bill amends requirements for local discretionary sales surtaxes, tourist development taxes, and local option food and beverage taxes in Miami-Dade County, as follows:

Local Discretionary Sales Surtaxes: The bill requires that, for any local discretionary sales surtax that currently must be enacted pursuant to a referendum and that is in effect on June 30, 2025, the local government must renew or continue such tax by a referendum on or before Jan 1, 2033 or the expiration date for the tax as of June 30, 2025, whichever is later, in order for the tax to remain in effect after Jan. 1, 2033, or the existing expiration date.

Additionally, a tax approved by voters in a referendum before July 1, 2025, which has not yet been levied, must be renewed or continued by an ordinance approved in a referendum on or before 8 years from the date the tax takes effect, or the expiration date for the tax as of June 30, 2025, whichever is later, in order to remain in effect.

A tax which is required to be approved by voters in a referendum must have an expiration date and be subject to approval by a majority of the electors voting in a subsequent referendum in order to be renewed or continued.

If taxes are pledged for debt service, the levy may continue until the debt is retired, and the levy will be subject to renewal the following January 1

Additionally, if proceeds are used for the purpose of servicing bond indebtedness, the ordinance enacting a new tax or reenacting an existing tax must specify that the proceeds from the tax will be used for the purpose of servicing bond indebtedness and that the maximum duration of such bond indebtedness is not to exceed 30 years. The ordinance must also provide specificity regarding the purposes of the bond indebtedness. The referendum question on the ballot must specify that the proceeds of the tax will be used for that purpose and must include a brief and general description of the purposes for which the indebtedness will be incurred and the maximum length of time the tax may be imposed.

None of these changes affect the pension liability discretionary sales surtax found in s.212.055(9)

Tourist Development Taxes: For any tourist development tax that currently must be enacted pursuant to a referendum and that is in effect on June 30, 2025, the local government must renew or reenact such tax by a referendum on or before Jan. 1, 2033 or the expiration date for the tax as of June 30, 2025, whichever is later, in order for the tax to remain in effect after Jan. 1, 2033, or the existing expiration date.

Additionally, a tax approved by voters in a referendum before July 1, 2025, which has not yet been levied, must be renewed or reenacted by an ordinance approved in a referendum on or before eight years from the date the tax takes effect, or the expiration date for the tax as of June 30, 2025, whichever is later, in order to remain in effect.

A tax which is required to be approved by voters in a referendum must have an expiration date and be subject to approval by a majority of the electors voting in a subsequent referendum in order to be renewed or reenacted.

If tax levies are pledged for debt service, the levy may continue until the debt is retired, and the levy will be subject to renewal the following January 1.

Additionally, if proceeds will be used for the purpose of servicing bond indebtedness, the ordinance enacting a new tax or renewing or reenacting an existing tax must specify that the proceeds from the tax will be used for the purpose of servicing bond indebtedness and that the maximum duration of such bond indebtedness is not to exceed 30 years. The ordinance must also provide specificity regarding the purposes of the bond indebtedness. The referendum question on the ballot must specify that the proceeds of the tax will be used for that purpose and must include a brief and general description of the purposes for which the indebtedness will be incurred and the maximum length of time the tax may be imposed.

Local Option Food & Beverage Tax (Miami-Dade): The bill also provides requirements for the imposition of the local option food and beverage tax in those cities in Miami-Dade County that currently levy the municipal resort tax. Any tax levied and in effect on June 30, 2025, must be reenacted by an ordinance approved in a referendum on or before Jan. 1, 2033, or the expiration date for the tax as of June 30, 2025, whichever is later, in order to remain in effect after Jan. 1, 2033, or the existing expiration date. Any tax levied must also have an expiration date.

A similar bill, CS/HB 1221 (Rep. Miller), is in the House State Committee, its final committee of reference.

Municipal Water and Sewer Rates: CS/SB 202 (Sen. Jones) was reported favorably, reflecting amendments, by the Senate Rules Committee, its final committee of reference, on April 16 and placed on the Senate Calendar on Second Reading.

The bill amends s.180.191 to create an exception to the maximum rates that municipalities may charge municipal water and sewer utility customers that are outside of the municipality’s boundaries. It provides that if a municipal utility provides water and sewer services to a second municipality, and serves that second municipality using a facility or water or sewer plant located within that second municipality, that municipality must charge the customers within that second municipality the same rates, fees, and charges as the customers within its own municipal boundaries.

The bill provides that this provision only applies to a municipality located within a county as defined in s.125.011(1) (This last sentence was added by the committee.) Note these counties are ones that have adopted a home rule charter, by resolution of its board of county commissioners, pursuant to subsections 10, 11, and 24 of Article VIII of the Florida Constitution of 1885, as preserved by Art. VIII, s.6(e) of the State Constitution.

The bill includes the following definitions:

• “Facility” means a water treatment facility, a wastewater treatment facility, an intake station, a pumping station, a well, and other physical components of a water or wastewater system. The term does not include: pipes, tanks, pumps, or other facilities that transport water from a water source or treatment facility to the consumer; or pipes, conduits, and associated appurtenances that transport wastewater from the point of entry to a wastewater treatment facility;

• “Wastewater treatment facility” means a facility that accepts and treats domestic wastewater or industrial wastewater; and

• “Water treatment facility” means a facility within a water system which can alter the physical, chemical, or bacteriological quality of water.

A similar bill, HB 11 (Rep. F. Robinson) was passed by the House on March 26 and is in the Senate Rules Committee. Note this bill does not include the definitions included in the Senate version and does not include the limitation to only certain counties added to the Senate bill.

Platting: CS/CS/CS/SB 784 (Sen. Ingoglia) was passed by the Senate on April 16 and is in Messages to the House.

The bill amends s.177.071 in connection with how local governments review and approve plats. Specifically, the bill requires local governments to review, process, and approve plats or replat submittals without action or approval by the governing body through an administrative authority and official designated by ordinance.

The administrative authority must be a department, division, or other agency of the local government, and includes an administrative officer or employee which may be a county or city administrator or manager, or assistant or deputy thereto, or other high-ranking county or city department or division director with direct or indirect oversight responsibility for the local government’s land development, housing, utilities, or public works programs.

Under the bill, the authority must provide written notice in response to a submittal within seven days acknowledging receipt, identifying any missing documents or information required, and providing information regarding the approval process including requirements and timeframes.

Unless the applicant requests an extension, the authority must approve, approve with conditions, or deny the submittal within the timeframe identified in the initial written notice. A denial must be accompanied by an explanation of why the submittal was denied, specifically citing unmet requirements. The authority or local government may not request or require an extension of time.

A similar bill, CS/CS/CS/HB 381 (Rep. Holcomb), was reported favorably by the House Commerce Committee, its final committee of reference, on April 15. Note the House bill creates s.177.1115 that requires a local governing body responsible for reviewing and approving a plat to issue the street and mailing address, along with the individual parcel identification number within 20 business days after a final plat is recorded by the circuit court clerk or other recording officer. This language was previously deleted from the Senate version.

Sewer Collection Systems: HB 1123 (Rep. Cassel and Rep. Woodson) was reported favorably by the House State Affairs Subcommittee, its final committee of reference, on April 17 and placed on the House Calendar on Second Reading.

The bill amends s.180.03 to authorize municipalities that operate a sewer utility to use revenue generated by a municipality’s operation of a central sewage system to expand the central sewage system.

An identical bill, SB 1784 (Sen Pizzo) is in the Senate Community Affairs Committee, its second committee of reference. Transportation Concurrency: CS/HB 203 (Rep. Grow) was reported favorably by the House Commerce Committee, its final committee of reference, on April 15 and placed on the House Special Order Calendar for April 23.

The bill amends s.163.3180 with respect to transportation concurrency, to provide that the capital improvements element must identify facilities necessary to meet adopted levels of service during a five-year period or to maintain current levels of service for small counties as defined in s.339.2818(2)

SB 1074 (Sen. McClain), identical to HB 203 as originally filed, is in the Senate Community Affairs Committee, its first committee of reference. SB 1738 (Sen. Ingoglia), also identical to HB 203 as originally filed, is in the Senate Rules Committee, its final committee of reference.

ECONOMIC DEVELOPMENT

Rural and Urban Business Enterprises: CS/CS/SB 1264 (Sen. Collins) was reported favorably, reflecting amendments, by the Senate Appropriations Committee on Transportation, Tourism, and Economic Development on April 15 and is be scheduled to be heard in the Senate Rules Committee, its final committee of reference, on April 21.

The bill makes several changes relating to business enterprises. Specifically, the bill:

• repeals and replaces statutory references to minority business enterprises with “certified rural or urban business enterprises,” which are defined as businesses located in a defined geographic area where either the per capita income in the area is less than 80% of Florida’s per capita income or the unemployment rate in the area is greater than the unemployment rate for Florida by more than 1% over the previous 24 months;

• repeals regional planning councils and allows local governments to enter into agreements to form regional planning entities;

• includes business development in rural or urban areas as one of the programs the Department of Commerce (department) must implement;

• revises the department’s Division of Economic Development’s (division) responsibilities to require the division to establish the Office of Secure Florida, which is responsible for administering and enforcing E-Verify, employment authorization compliance, and the prohibition against the purchase and registration of real property in Florida by foreign principals;

• revises the information required in the department’s annual incentives report to include a description of trends relating to business interest in and usage of the various incentives and the number of small businesses and businesses in rural or urban areas receiving incentives;

• creates the Research, Innovation, Science, and Engineering (RISE) Investment Tax Credit Program within the department to increase venture capital investment in Florida;

• revises the eligibility requirements for the Law Enforcement Recruitment Bonus Payment Program for newly employed law enforcement officers by removing the requirement that the officer maintain continuous full-time employment or at least two years from the date on which certification was obtained, extends the break in service from 15 calendar days to 180 days, and specifies that any break in service will not count toward satisfying the two-year fulltime employment requirement; also deletes the expiration date of the program;

• repeals the expiration of the sales tax exemption for certain data centers on June 30, 2027;

• provides an exemption from land being reverted to the Board of Trustees if land conveyances are at less than the appraised value for federal government agencies, including the Department of Defense, the Army, the Navy, the Air Force, and the U.S. Coast Guard, if the primary purpose of remaining as a military installation buffer continues, even though the specific military purpose, mission, and function on the conveyed land is modified or changes from that which was present or proposed at the time of the conveyance;

• renames the Office of Supplier Diversity to the Office of Supplier Development under the Department of Management Services (DMS);

• renames the Florida Advisory Council on Small and Minority Business Development to the Florida Advisory Council on Small, Rural, and Urban Business Development under the DMS;

• specifies that Space Florida is not an agency under s.287.055 for purposes of its ability to bid and contract in professional or construction services, or both, under an arrangement with a person under certain circumstances; and

• revises the definition of “managerial employees” to include those who have a significant and specific role executing statewide business and economic development projects in support of business recruitment, retention, and expansion, which has the effect of classifying such employees as Selected Exempt Service

Note that the committee deleted previously proposed language that would have required the Department of Emergency Management’s statewide emergency shelter plan to identify the general location and square footage of special needs shelters annually through 2030, and required the Division of Emergency Management to give funding priority to projects for the Hurricane Loss Mitigation Program in regional planning council regions as such regions existed on Jan. 1, 2025.

EDUCATION

Charter Schools: CS/CS/SB 140 (Sen. Gaetz), reflecting amendments, was reported favorably by the Senate Rules Committee, its final committee of reference, on April 16 and placed on the Senate Calendar on Second Reading.

The bill modifies charter school conversions and establishes “job engine” charter schools. It does the following:

• provides that a charter school application submitted by parents for a conversion charter school must be made specifically by parents of children enrolled in the school to be converted, and removes the required demonstration of support of teachers;

• allows a municipality to apply to establish a “job engine” new or conversion charter school and allows an enrollment preference for child of an employee of a job producing entity that has been identified; and

• includes charter schools in the Workforce Development Capitalization Incentive Grant Program and specifies that the grant program is for grades 6-12. Additionally, the grant program is required to give priority to an application from a “job engine” charter school.

Note that the committee deleted previously proposed language which provided additional requirements for district school boards related to the acquisition and disposal of property, including:

• modifying s.1013.15 to require district school boards to approve a 5-year plan prior to occupying real property that addresses specific elements such as enrollment growth, demographic shifts, and changes in curriculum;

• requiring that, if enrollment in the district has declined by more than 4 percent in the preceding 5-year period, the district is required to demonstrate actual or projected 5-year growth in certain areas of the district prior to acquiring real property;

• requiring that, if the overall decline in enrollment is more than 4 percent, the district school board is required to dispose of real property in the areas of the district where there is declining enrollment; and

• requiring that surplus real property must be disposed of only in the best interest of the public, but priority must be given for conversion to affordable housing for teachers, first responders, or military servicemembers; charter school facilities; or the use by a local government for development of a local recreational facility

A similar bill, CS/HB 123 (Rep. Andrade), is on the House Calendar on Second Reading.

ENVIRONMENT + NATURAL RESOURCES

Comprehensive Waster Reduction and Recycling Plan: HB 295 (Rep. Casello and Rep. Hart) was passed by the House on April 16, received by the Senate and referred to the Senate Fiscal Policy Committee.

The bill amends s.403.7032 to direct the Department of Environmental Protection (DEP) to develop a comprehensive waste reduction and recycling plan by July 1, 2026, based on recommendations from DEP’s Florida and the 2020 75% Recycling Goal: Final Report. The bill requires DEP to create and convene a technical assistance group to help develop the plan.

The bill provides that the plan, at a minimum, must:

• 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;

◦ local government recycling assistance. DEP must evaluate the benefits and challenges of the former state Recycling and Education Grant Program and provide recommendations for reinstating the program or consider other means of providing assistance to local governments; and

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

The bill directs DEP to provide a report to the Senate President and House Speaker upon completion of the comprehensive waste reduction and recycling plan. The bill requires that the report include any recommendations for statutory changes necessary to achieve the recycling goals and strategies identified in the plan.

SB 200 (Sen. Bergman), an identical bill, was reported favorably by the Senate Appropriations Committee on Agriculture, Environment and General Government on April 15 and is scheduled to be heard in the Senate Fiscal Policy Committee, its final committee of reference, on April 21.

Infrastructure and Resilience: CS/SB 1580 (Sen. Rodriguez) was reported favorably by the Senate Appropriations Committee on Agriculture, Environment, and General Government on April 15 and is scheduled to be heard in the Senate Rules Committee, its final committee of reference, on April 21.

The bill amends s.255.065 regarding public-private partnerships. The bill adds coastal resiliency projects as defined in s.380.0934 (created by this bill) to the definition of “qualifying projects.”

The bill creates s.380.0934 regarding public-private partnerships for coastal resiliency projects. It provides that “coastal resiliency project” means:

• the planning, contracting, and execution of a project to address flooding and sea level rise in a coastal or inland community in this state pursuant to the Statewide Flooding and Sea Level Rise Resilience Plan

• public infrastructure repair and upgrades to seawalls and stormwater drainage; and

• resiliency measures designed to withstand extreme weather, mitigate flooding, and prevent coastal erosion, including:

◦ acquisition of at-risk coastal and flood-prone properties

◦ acquisition of properties in areas at high risk of flooding

◦ infrastructure hardening and development of natural barriers

◦ construction of large-scale seawalls, levees, and elevated flood barriers

◦ expansion and restoration of natural protective systems

The bill provides that the Department of Environmental Protection (DEP) has the exclusive authority to execute coastal resiliency projects through public-private partnerships. The bill defines “public-private partnerships” as a coastal resiliency project entered into by DEP under s.255.065

The bill also provides that, to encourage investment from the private sector in coastal resiliency projects, DEP may:

• enter into long-term revenue-sharing agreements;

• provide expedited permitting for construction;

• seek comments from local governments and the public during project planning and execution and incorporate actions responsive to such comments into the project; and

• engage in-state vocational schools and apprenticeship programs to train workers in specialized resiliency construction.

Finally, the bill requires DEP to publish biennial progress reports for each coastal resiliency project funded through a publicprivate partnership, including project milestones, expenditures, and public benefits, on DEP’s website. DEP must also create and maintain on its website an online dashboard for real-time updates on project execution.

An identical bill, CS/HB 1345 (Rep. LaMarca) is in the House Agriculture & Natural Resources Budget Subcommittee, its second of three committees of reference. (Note that, on April 2, references to the House Government Operations Subcommittee and the House Budget Committee were removed, and a reference to the House Agriculture & Natural Resources Budget Subcommittee was added.)

Permits for Drilling, Exploration, and Extraction of Oil and Gas Resources: HB 1143 (Rep. Shoaf and Rep. Tant) was passed by the House on April 16, received by the Senate, and referred to the Senate Rules Committee.

The bill amends s.377.24 to, notwithstanding any law or rule to the contrary, prohibit drilling, exploration, or production of oil, gas, or other petroleum products within 10 miles of a national estuarine research reserve.

The bill also amends s.377.242 to require the Department of Environmental Protection (DEP) to conduct a balancing test when granting a permit for oil and gas activities in areas within one mile inland from the shoreline of the coast or other bodies of water. DEP must balance the measures in place to protect the natural resources with the potential harm to the natural resources when determining whether a natural resource will be adequately protected in the event of an accident or a blowout from oil or gas drilling or exploration activities. The bill requires the balancing test to assess the potential impact of an accident or a blowout on the natural resources of such bodies of water and shore areas, including the ecological functions and any water quality impacts. The balancing test must include the community’s current condition, hydrological connection, uniqueness, location, fish and wildlife use, time lag, and the potential cost of restoration.

A similar bill, SB 1300 (Sen. Simon), was reported favorably by the Senate Rules Committee, its final committee of reference, on April 16 and placed on the Senate Calendar on Second Reading.

State Land Management: CS/CS/ HB 209 (Rep. Snyder) was passed by the House on April 16, received by the Senate and referred to the Senate Fiscal Policy Committee.

The bill creates the State Park Preservation Act. It requires state parks or preserves to be managed in a manner that provides the greatest combination of benefits to the public and the land’s natural resources. Additionally, the bill requires state parks or preserves to be managed for conservation-based recreational uses; public access and related amenities, including roads, parking areas, walkways, and visitor centers; and scientific research, including archaeology. Such uses must be managed in a manner that is compatible with and that ensures the conservation of the state’s natural resources by minimizing impacts to undisturbed habitat.

To ensure the protection of state park resources, native habitats, and archaeological or historical sites, the bill prohibits sporting facilities, including, but not limited to, golf courses, tennis courts, pickleball courts, ball fields, or other similar facilities, from being constructed in state parks.

The bill defines “conservation-based recreational uses” to mean public outdoor recreational activities that do not significantly invade, degrade, or displace the natural resources, native habitats, or archaeological or historical sites that are preserved within state parks. These activities include, but are not limited to, fishing, camping, bicycling, hiking, nature study, swimming, boating, canoeing, horseback riding, diving, birding, sailing, and jogging.

The bill authorizes the Department of Environmental Protection’s (DEP) Division of Recreation and Parks (DRP) to acquire, install, or permit the installation or operation of camping cabins that have a maximum capacity of six guests in state parks. The installation and operation of the cabins must be compatible with the state park’s land management plan and must be approved through the land management plan approval process. Additionally, camping cabins must be sited to avoid impacts to the state park’s critical habitat and natural historical resources.

The bill prohibits DRP from authorizing uses or construction activities, including the building or alteration of structures, within a state park that may cause significant harm to the park’s resources. Any use or construction activity must be conducted in a manner that avoids impacts to a state park’s critical habitat and natural and historical resources. The bill prohibits DRP from installing, or permitting the installation, of any lodging establishment at a state park.

By Dec 1, 2025, the bill requires DEP to submit a report to the Governor and Legislature that includes the following:

• the number of state parks with amenities or areas that have limited use or are temporarily closed due to needed repairs or inadequate infrastructure necessary to support conservation-based recreational use;

• the state park system’s estimated budget allocation expenditures for the 2023-24 fiscal year, broken down by salaries and benefits, equipment costs, and contracting costs for the categories of operations, maintenance and repair, park improvement, and administrative overhead; and

• the estimated costs associated with the facility maintenance backlog of each state park, including a plan to reduce or eliminate the backlog by July 1, 2035, to ensure access to and the safe enjoyment of the parks for the residents and visitors of Florida.

The bill specifies that in addition to the current requirement for a land management agency to hold a public hearing when developing a new land management plan, the agency must also hold a public hearing when updating an existing plan. It also requires DEP’s Division of State Lands to make electronic copies of land management plans for parcels over 160 acres or parcels within state parks publicly available at least 30 days before a public hearing on such plans. The bill requires individual management plans, and any updates to such plans, for parcels of land within state parks to be developed with input from an advisory group. A public hearing conducted by an advisory group on an individual management plan must be noticed at least 30 days before the public hearing.

CS/SB 80 (Sen. Harrell), a similar bill, was reported favorably by the Senate Appropriations Committee on Agriculture, Environment, and General Government on April 15 and is scheduled to be heard in the Senate Fiscal Policy Committee, its final committee of reference, on April 22.

HOUSING

Affordable Housing: CS/CS/SB 1730 E1 (Sen. Calatayud) was reported favorably, reflecting amendments, by the Senate on April 16 and is in Messages to the House.

The bill amends ss. 125.01055 and 166.04151 related to the administrative approval of certain affordable housing developments under the Live Local Act. Specifically, the bill amends s.125.01055(7) and s.166.04151(7) to:

• require local governments to authorize multifamily and mixed use residential as allowable uses in portions of any flexibly zoned area such as a planned unit development permitted for commercial, industrial, or mixed use, if at least 40 percent of the residential units in a proposed multifamily development are rental units that, for a period of at least 30 years, are affordable;

• prohibit local governments from requiring a transfer of density or development units, or an amendment to developments of regional impact for the building height, zoning, and densities authorized under this subsection;

• prohibits local governments from requiring more than 10 percent of the total square footage of a mixed use development be used for nonresidential purposes; and

• prohibit local governments from:

o restricting the density below the highest currently allowed, or allowed on July 1, 2023;

o restricting the floor area area ratio below 150 percent of the highest currently allowed or allowed on July 1, 2023;

o restricting the height below the highest currently allowed or allowed on July 1, 2023 for a commercial or residential building in its jurisdiction within 1 mile or 3 stories, whichever is higher;

o if a proposed development is adjacent to, on two or more sides, a parcel zoned for single-family residential use which is within a single-family development with at least 25 contiguous single-family homes, local governments may restrict the height to 150 percent of the tallest building on any property adjacent to the proposed development, the highest height currently allowed, or allowed on July 1, 2023, or three stories, whichever is higher but not to exceed 10 stories:

 for municipalities within an area of critical state concern as designated by s.380.0552. or chapter 28-36, defines “story” to include only the habitable space above the base flood area elevation as designated by FEMA in the most current Flood Insurance Rate Map; may not exceed 10 feet in height measured from finished floor to finished floor, including space for mechanical equipment, and the highest story may not exceed 10 feet from finished floor to the top plate (Note this language is only an amendment to s.166.04151(7).

o if a proposed development is adjacent to, on two or more sides, a parcel zoned for single-family residential use, local governments may restrict the height to 150 percent of the tallest residential building on any property adjacent to the proposed development, the highest height currently allowed, or allowed on July 1, 2023, or three stories, whichever is higher (This provision was added as part of a floor amendment.).

• clarifies that proposed developments authorized under these subsections must be administratively approved with no further action, including that of any quasi-judicial or administrative board or reviewing body;

• upon request of an applicant, requires local governments to reduce parking requirements, as opposed to considering such reduction, by 10 percent where certain conditions are met (This provision was amended on the floor to lower the percentage from 20 percent to 10 percent.);

• provide that, notwithstanding any other law or local ordinance or regulation to the contrary, local governments may allow an adjacent parcel of land to be included within a proposed multifamily development authorized under these subsections;

• specifies that these subsections do not apply to the Wekiva Study Area or the Everglades Protection Area;

• provides for priority docketing and prevailing party attorneys’ fees in lawsuits brought under the Live Local Act, not to exceed $200,000;

• provides definitions for commercial use, industrial use, mixed use, planned unit development;

• provides that a proposed development on a parcel of land primarily developed and maintained as a golf course, a tennis court, or a swimming pool, regardless of the zoning category assigned to such parcel, may use the approval process provided in these subsections (This provision was added as part of a floor amendment.);

• prohibits local governments from enforcing building moratoria that would have the effect of delaying the permitting or construction of a multifamily residential or mixed-use residential development authorized under these subsections except as follows:

o a local government may, by ordinance, impose such a building moratorium for no more than 90 days in any 3-year period. Before adoption of such a building moratorium, an assessment of the need for housing at the extremely-lowincome, very-low-income, low-income, or moderate-income limits specified in s.420.0004, including projections of such need for the next 5 years, must be prepared. This assessment must be posted on the local government’s website by the date the notice of proposed enactment is published, and presented at the same public meeting at which the proposed ordinance imposing the building moratorium is adopted. This assessment must be included in the business impact estimate for the ordinance imposing such a moratorium required by s.125.66(3).

• provides that the court must assess and award reasonable attorney fees and costs, not to exceed $200,000 to the prevailing party in civil actions filed against a local government for violation of this prohibition; and

• provides that the provisions regarding moratoria do not apply to moratoria imposed due to unavailability of public facilities or services or imposed to address stormwater or flood water management, if such moratoria apply equally to all types of multifamily or mixed-use residential development.

The bill also includes a provision that allows an applicant, who has submitted an application, written request or notice of intent to use the provisions of s.125.01055(7) or s.166.04151(7) and was received by the local government before July 1, 2025, may notify the local government by July 1, 2025 of its intent to proceed under the provisions of the applicable subsection as they existed at the time of submittal. Additionally, the local government must allow such an applicant the opportunity to submit a revised application, written request, or notice of intent to account for the changes made by this bill.

The bill amends s.380.0552, related to the Florida Keys Area to amend the hurricane evacuation clearance time which subject local governments must base comprehensive planning around from 24 to 26 hours.

The bill also creates s.420.5098 to institute a state housing policy on public sector and hospital employer-sponsored housing. The bill provides that it is the policy of the state to support housing for employees of hospitals, health care facilities, and governmental entities and to allow developers using federal low-income housing tax credits allocated pursuant to s.420.5099 local or state funds, or other sources of funding available to finance the development of affordable housing to create a preference for housing for such employees. However, such preference must conform with the requirements of s.42(g)(9) of the Internal Revenue Code.

Additionally, the bill amends s.760.26 to provide that it is unlawful to discriminate in land use decisions or in the permitting of development based on the nature of a development or proposed development as affordable housing, except as otherwise provided by law.

CS/CS/HB 943 (Rep. V. Lopez), which also includes some issues related to the Live Local Act, is in the Commerce Committee, its final committee of reference.

Local Housing Assistance Plans: CS/HB 701 (Rep. Stark and Rep. Berfield) was reported favorably by the House Commerce Committee, its final committee of reference, on April 15 and placed on the House Special Order Calendar for April 23.

The bill amends s.420.9072 to allow a local government participating in the State Housing Initiatives Partnership Program (SHIP) to use program funds to provide lot rental assistance to mobile homeowners not to exceed six months.

It amends s.420.9075 to require each local government participating in SHIP to address in its local housing assistance plan the needs of persons who are deprived of affordable housing due to the closure of a mobile home park. The bill also requires a local housing assistance plan to include a strategy for providing program funds to mobile homeowners, which must include lot rental assistance. It also specifies that lot rental assistance for mobile homeowners is an approved home ownership activity, and authorizes the use of SHIP funds for rehabilitation and emergency repairs for mobile homeowners. The bill also eliminates the restriction that limits the allocation of SHIP funds for manufactured housing to no more than 20 percent of the allocated amount.

An identical bill, CS/SB 1714 (Sen. Burton) is in the Senate Rules Committee, its final committee of reference.

TRANSPORTATION

Hazardous Walking Conditions: CS/CS/SB 650 (Sen. Leek) was reported favorably by the Senate Rules Committee, its final committee of reference, on April 16 and placed on the Senate Calendar on Second Reading

The bill amends s.1006.23 to expand the criteria for identifying hazardous walking conditions for students who walk to school to include a walkway along a limited access facility as defined in s.334.03(12)

An identical bill, CS/CS/HB 85 (Rep. Kendall), was passed by the House on March 26, received by the Senate, and referred to the Senate Rules Committee.

Transportation: CS/CS/CS/SB 1662 (Sen. Collins) was reported favorably, reflecting amendments, by the Senate Appropriations Committee, its final committee of reference, on April 17.

The bill addresses various provisions relating to transportation. Specifically, it:

• provides position titles for the assistant secretaries of the Florida Department of Transportation (FDOT) and authorizes the Secretary of Transportation to appoint an Executive Director of Transportation Technology;

• revises provisions regarding the qualifications of Florida Transportation Commission (FTC) members and requires them to follow the standards for public officers provided in s.112.313;

• requires the FTC to monitor any transit entity receiving public transit block grant funding;

• creates the Florida Transportation Research Institute whose mission of the institute is to advance the state’s transportation infrastructure and systems through research, education, and engagement for a safer and more efficient, resilient, and innovative movement of people and goods throughout this state;

• amends FDOT’s areas of program responsibility to add operational technology, change modal development to supply chain and modal development, and change information systems to information technology;

• authorizes certain space-related and commercial shipbuilding projects to receive Florida Seaport Transportation and Economic Development funding;

• requires the Florida Seaport Mission Plan to provide specific recommendations for the construction of transportation facilities connecting any port to the space and aerospace industries;

• requires seaports to submit semiannual reports to FDOT regarding their operations and support of the state’s economic competitiveness and supply chain;

• prohibits state funding to a seaport near certain spaceport territory unless it agrees not to convert any planned or existing land, facility, or infrastructure designated for cargo purposes to any alternative purpose unless the conversion is approved by the seaport at a publicly noticed meeting as a separate line item on the agenda and with a reasonable opportunity for public comment;

• creates an intermodal logistics center working group within FDOT to coordinate the planning and development of intermodal logistic centers across the state (This provision was added by the committee);

• repeals provisions regarding high-occupancy vehicle lanes;

• authorizes the withholding of state transportation funds to local jurisdictions for traffic signals not in compliance with FDOT’s uniform system for traffic control devices until the local jurisdiction demonstrates compliance;

• allows FDOT to issue a mobile crane special blanket permit for certain purposes;

• revises provisions related to disabled veterans license plates (This was added by the committee);

• amends definitions in s.330.27 dealing with aircraft and airports;

• requires FDOT to certify private airports of public interest before aircraft operations are allowed; a private airport that was engaged in operations associated with a private airport of public interest on or before July 1, 2025, must obtain a certificate from the department by July 1, 2030;

• prohibits a publicly owned airport from charging a landing fee established on or after Jan. 1, 2025 for aircraft operations conducted by an accredited non-profit institution located in the state that offers a 4-year collegiate aviation program, if such aircraft operations are for flight training necessary for pilot certification and proficiency (This language was added by the committee);

• authorizes FDOT to fund certain infrastructure projects associated with spaceports as long as the project supports aerospace or launch support facilities within an adjacent spaceport territory boundary;

• requires airports to provide FDOT with the opportunity to use airport property that is not within the air navigation facility as a staging area for equipment and personnel during certain declared states of emergency;

• require each commercial service airport to establish and maintain a comprehensive infrastructure program to ensure the ongoing preservation and of airport infrastructure and facilities in safe and serviceable condition;

• expands the types of public airport and the aviation discretionary capacity improvement projects that FDOT shall provide priority funding in support of;

• revises s.332.0075 to amend the definition of “commercial service airport” to include airports providing commercial service, including large, medium, small, and nonhub airports as classified by the FAA;

• amends the information that commercial airports must post on their websites and submit annually to FDOT;

• requires commercial service airports to notify FDOT after receiving certain communications or directives from the federal government and following issues or incidents of concern;

• codifies advanced air mobility into Florida law;

• revises FDOT’s authorization regarding public information and education campaigns, and provides authorization to enter into insurance contracts and purchase heavy equipment and vehicles;

• retires that, on an annual basis, an amount equal to at least 1.5 percent of the total amount contracted for the average of the previous 3 completed fiscal years of construction projects must be allocate by FDOT on a statewide basis for the purchase of plant materials to enhance the State Highway System rights-of-ways and arterial facilities (This language was added by the committee);

• requires FDOT to develop standards for landscaping materials native to specific regions of the state which are reflective of the state’s heritage and natural landscapes (This language was added by the committee);

• provides that a parking authority established under the laws of this state or any of its counties, municipalities, or political subdivisions shall have full power to conduct business; to operate, manage, and control facilities; and to provide services to contiguous geographical boundaries of such counties, municipalities, or political subdivisions that originally chartered such authority. The parking authority may engage in activities outside of its chartering jurisdiction upon entering into an interlocal agreement with the governing body of the affected contiguous county, municipality, or political subdivision, as applicable;

• creates the Florida Transportation Academy, within FDOT, to coordinate with certain entities regarding transportation industry workforce development;

• authorizes FDOT, for access management permits issued after July 1, 1988, to require the modification of an existing connection to a state road if the connection would jeopardize public safety or negatively impact the highway’s operational characteristics;

• increases the size of a “small business” as it relates to FDOT’s business development program from less than $15 million in yearly gross receipts for road and bridge contracts to less than $25 million, and from less than $6.5 million in yearly gross receipts for professional and non-professional services contracts to less than $10 million;

• repeals FDOT’s disadvantaged business enterprise program and related provisions;

• authorizes FDOT, at the discretion of the Secretary of FDOT, to require a surety bond in an amount less than the awarded contract price;

• provides that a municipality may not prohibit, or require a permit for, the installation of a public sewer transmission line placed and maintained within and under publicly dedicated rights-of-way as part of a septic-to-sewer conversion where the work is being performed under permits issued by the Department of Transportation pursuant to this chapter and the Department of Environmental Protection, or its delegate, pursuant to Chapter 403;

• prohibits camping on right-of-way of the State Highway System, unless you are actively navigating the Florida National Scenic Trail with the appropriate permit;

• defines “energy policy of the state” as the policy described in s.377.601(3) and includes any intended or actual measure, obligation, target, or timeframe relate to a reduction in carbon dioxide emissions;

• prohibits FDOT from expending any state funds as described in s.215.31 to support a project or program of any of the following entities if such entities adopt or promote energy policy goals inconsistent with the energy policy of the state: a public transit provider as defined in s.341.031(1); an authority created pursuant to Chapter 343, Chapter 1181 348, or Chapter 349; a public-use airport as defined in s.332.004; a port listed in s.311.09(1);

• specifies that funds for rural transit operating block grants must be allocated to the FDOT districts pursuant to s.341.0525 (This language was added by the committee );

• amends the FDOT’s Strategic Intermodal System supply chain program by making FDOT’s funding permissive, and removing specific dates, including the 2028 repeal date, making the program permanent;

• revises and makes permanent the allocation of unused New Starts Transit funds to the Strategic Intermodal Systems;

• amends provisions related to the public transit block grant program (This was added by the committee);

• creates a rural transit operating block grant program within FDOT, available only to public transit providers not eligible to receive public transit block grants (This was added by the committee); and

• revises the membership of the Jacksonville Transportation Authority’s governing body

A similar bill, CS/CS/CS/HB 1397 (Rep. Abbott), was reported favorably by the House Commerce Committee, its final committee of reference, on April 15 and placed on the House Special Order Calendar for April 24.

LEGISLATIVE NEWS

Senate passes bill promoting affordable housing development

Andrew Powell | Florida Politics | April 16

“Rural Renaissance” bill gets full support from USDA

Andrew Powell | Florida Politics | April 15

Senate passes bill making accessory dwelling units more available to ease housing crisis

Andrew Powell | Florida Politics |April 11

Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.