Legislative Reporter | May 20

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May 20, 2025 | Legislative Reporter

“May andJune is a lovely time to bein Tallahassee,andwe all lookforward to being here.” Thatwasthe quote from Senate Appropriations Chairman EdHooper after announcing the need for more time to passthe state budget. The legislature concluded itspolicyworkon Friday,May 2,finishingwith a total of255 enrolled bills,33 of which have already been signed by the Governor and 56bills are pending hisapproval or veto.However,legislatorsmust come back to complete their only constitutional duty… to passa state budget beforeJuly 1. As it has forthe last few weeks, a compromise ontax reductionpolicy eluded legislative negotiators, thus makinga budget agreement impossible to complete in the 60-day legislative session.

LateintheeveningonMay2,theHouseandSenatepassedHCR1631,aconcurrentresolutionextendingthe2025Regular SessionoftheFloridaLegislatureuntil11:59p.m.onFriday,June6,2025.Whilebudgetconferencecommitteeswere expectedtobeannouncedfortheweekofMay12,legislatorshaveyettoreturntoTallahasseewithaplanorscheduleto beginnegotiatingthedetailsofabudgetcompromise.

HouseSpeakerDanny Perez and SenatePresident BenAlbritton originally announcedwith theresolution to extend session an agreement to approve an overall budget lower than the $115.6billion proposedby the governor and atax relief package that totals $2.8 billion,with $1.6 billionbeing a recurringsales taxcut.After the announcement, Governor DeSantissaid hewouldveto any legislation ortax package that includesa broadcut to thestate sales tax. The governorbelieves the revenue lost by providingsucha tax break would likely not leave enough room toprovide a cut to property taxes benefiting Floridaresidents. Thisannouncement disrupted the agreed-upon budget framework and delayed overall allocation agreements between theHouse and Senatewhich are neededto startbudget conferencing. The House held a floorsession onMay13to passa resolution extending thesession toJune30; however, the Senate does not agree to another extension and intends topass abudget byJune6. House Memo /Senate Memo

AsofMay20,progressseemstobeemerging.TheHouseandSenatehaveannouncedapotentialreturntoTallahasseeafter theMemorialDayweekendholiday,andintheirlatestoffertotheSenate,theHousedidnotincludearecurringsalestax reductionbutinsteadfocusedonabusinessrenttaxreduction.Hopefullyprogresswillcontinue.

When budget negotiations do resume, the session extension is limited to only the following budget-related bills:

SB 110 – Rural Communities

SB 2500 – Appropriations

SB 2502 – 2025-26 General Appropriations Act

SB 2504 – State Employees

SB 2506 – Natural Resources

SB 2508 – Judges

SB 2510 – Pre-K through Grade 12 Education

SB 2514 – Health and Human Services

HB 5013 – State-funded Property Reinsurance

HB 5015 – State Group Insurance

HB 5203 – Capitol Center

HB 5501 – Documentary Stamp Tax Distributions

SB 7022 – Retirement

SB 7030 – Educational Scholarship Programs

HB 7031 – Sales Tax Rate Reductions

HB 7033 – Taxation

Property Tax Select Committee:

The Florida House of Representatives announcedthe creation of the Select Committee onProperty Taxes,aiming to develop tax relief proposals for homeowners. Theselect committee is Co-chaired byRep. Toby Overdorf (R-Stuart) and Rep. Vicki Lopez (R-Miami) andwill examine over thecoming months,reforms to ease the rising cost of homeownership acrossFlorida. The announcement follows GovernorDeSantis’ continuedcalls forreducingor eliminating property taxesandSenate President Albritton’ssupport forgathering more informationfrom local governments and economists on what a property tax cutwould like in Florida.

HouseSpeakerPerez announced five proposalsintended to be a “springboard” for discussion:

• Requiring cities, counties andspecial districts to hold referendums on eliminating homesteadproperty taxes.

• Creating a $500,000homestead exemptionfornon-school property taxes,whichwould increase to $1 million for residentswho areage 65 and olderorwho havehada homestead formore than30 years, applicable to all non-school taxes.

• Authorizing the legislature toraise the homestead exemption by law, so futureincreaseswouldn’t haveto go to the ballot.

• Modifyingthe assessment increase limitationson property values.

• Prohibitinggovernments fromforeclosing onhomesteaded propertydue to apropertytax lien.

The Select Committee on Property Taxesheld itsfirstorganizational meeting on Friday, May 2 (Florida ChannelVideo) and its second meeting onTuesday, May13 (FloridaChannel Video).It is anticipated that many of thepolicy concepts considered by theSelect Committee will require constitutional amendments, meaning Floridavoterswouldultimately have the opportunity to approve any proposedchanges.SpeakerPerez announced the goal topass the house property tax plan the firstweek of the 2026 legislativesession andpotentially place the proposals on the ballot forvoter approval in November 2026.

Over the courseof the legislativesession,APA Floridaprioritized forreview andfollowup certainbills. The following are synopsesandstatus of those key bills. We willsendout an extended legislative reporterseparately in thenear future, as we continue to monitorthis extended session. Make sure youhave reviewedourprevious email aboutSB 180.

Enrolled Bills:

An enrolled bill is the final, certified version of a bill that has been passed by both the House and Senate in identical form. It is the bill that is presented to the governor for their signature, approval, or veto. This “enrolled” version is the official document that becomes law once signed by the governor or, if no action is taken, becomes law automatically.

CS/CS/HB 209 – State Land Management (Rep. Snyder / Sen. Harrell)

The bill creates the State Park PreservationAct,which requiresstate parks to be managedfor conservation-based recreational uses and in a manner that provides thegreatest combination ofbenefits tothe public and the land’s natural resources. The bill prohibits the Division ofRecreation and Parks (DRP)within the Department of Environmental Protection (DEP)from constructingsporting facilities within state parks. Additionally, the bill authorizesDRPto acquire, install, orpermit the installation of campsitesand cabins instate parks withincertain guidelinesand prohibits DRPfrom installing, orpermitting the installation of, lodging establishments,defined inChapter 509 Section242, within state parks

The bill redesignates the St. Marks River Preserve State Park as the Ney Landrum State Park. It also requires DEP to provide a report to the Governor and Legislature by Dec. 1, 2025, that includes park amenities or areas of state parks that have limited use or are closed due to needed repairs, are in need of repair or renovation, or lack the infrastructure necessary to support park purposes, a budget review, and a plan for addressing needs identified in the report. Additionally, the bill requires a public hearing when developing a new land management plan or updating an existing plan and requires all materials to be available at least 30 days before a public hearing on such plans.

CS/CS/HB 209 passed the Senate (37-0) and the House (112-0) and is awaiting final action by the governor.

CS/CS/SB 1730 – Affordable Housing (Sen. Calatayud / Rep. Lopez)

The bill revises the land use policy provisions within the Live Local Act. Specifically, the bill authorizes, but does not require, a municipality or county to authorize an affordable housing development on any parcel, including any contiguous parcel, owned by a religious institution and containing a house of worship, regardless of the underlying zoning if 10 percent of the units of such development are affordable. Allows multifamily and mixed-use residential 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 are rentals and affordable for a period of at least 30 years.

The bill specifies that a local government maynot require a Live Local Act project to obtain a density transfer or amendment to the development ofregional impact. In addition, it prohibits local government from requiringmore than 10 percent ofthe total square footageof mixed-use residential projects to be used for nonresidential purposes.It specifies that a local government may not restrict thedensity, height,orfloor arearatio of a proposed Live LocalAct project below thehighest currently allowed or allowed on July1, 2023, for a building located withinone mile ofthe project. The bill allows local governments torestrict height and regulate architectural design for developments in historic districts for structures listed in theNational RegisterforHistoricPlaces before Jan. 1,2020.Requires local governments to administratively approve the demolition of an existingstructure associatedwith proposed development.

The bill specifies that Live Local Act projects are subject to administrative approval by the local government, without further action required by the governing body or any quasi-judicial or administrative board or reviewing body, if the development satisfies the local government’s land development regulations for multifamily uses and is consistent with the comprehensive plan. If requested by an applicant, the local government must reduce parking requirements by at least 15 percent if the project is within ¼ mile of a transit stop, within ½ mile of a major transit hub, and parking is available within 600 feet of the project.

It also authorizes a local government to include an adjacent parcel of land to be included in a project authorized under the Live Local Act. Provides for priority docketing and prevailing party attorneys’ fees and costs, up to $250,000, in lawsuits brought under the Live Local Act. Provides that the Live Local Act does not apply in the Wekiva Study Area or Everglades Protection Area. It defines the terms “commercial use,” “industrial use,” and “mixed-use.” It excludes home-based businesses, cottage food operations, and vacation rentals from the definition of “commercial.” It also excludes from the definitions of “commercial,” “industrial,” and “mixed-use” uses that are accessory, temporary, ancillary, or incidental to the allowable uses. Also excluded from these definitions are recreational use, such as golf courses, tennis courts, swimming pools, and clubhouses, within an area designated for residential use.

The bill prohibits local governments from enforcing building moratoria that would have the effect of delaying the permitting or construction of affordable housing developments, except in certain circumstances, and authorizes civil action for violation of this prohibition, including award of prevailing party attorneys’ fees and costs up to $250,000. Requires annual reporting beginning Nov. 1, 2026, of litigation related to and projects proposed or approved under the Live Local Act. The bill provides that an applicant in the process of utilizing the Live Local Act prior to the amendments may opt to utilize the law as it existed upon their initial application.

CS/CS/SB 1730 passed the Senate (37-0) and the House (105-0) and is awaiting final action by the governor.

CS/SB 1080 – Local Government Land Regulation (Sen. McClain / Rep. Overdorf)

The bill makes four major policy changes related to the approval of development permits and order applications by local governments, impact fees, building code fees, and comprehensive plan amendments. Specifically, the bill requires local governments to specify the minimum information required for an application for zoning approval, rezoning approval, subdivision approval, certification, special exception, or variance.

The bill clarifies the timeline local governments must follow and provides that local government must issue refunds to applicants if they fail to meet certain timeframes when processing the application. Related to impact fees, the bill provides 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 dual rational nexus test imposed on all impact fees.

Additionally, it provides that an impact fee increase by a local government, school district, or special district beyond the phase-in limitations under the auspices of “extraordinary circumstances” requires unanimous support from the governing body and must be implemented in at least two but not more than four equal annual increments. The bill provides that local governments may use money from fees and fines under the building code to fund processes related to obtaining or finalizing a building permit.

Itrequiresthatwithin5businessdaysafterreceivinganapplicationforapprovalofadevelopmentpermitordevelopment order,acountyshallconfirmreceiptof theapplicationusingcontactinformationprovidedby theapplicant.

Lastly, the bill provides that if comprehensive plan amendments are not adopted at the second public hearing, the amendments shall be formally adopted by the local government within 180 days after the second public hearing or the amendments are deemed withdrawn.

CS/SB 1080 passed the House (84-29) and the Senate (29-8) and is awaiting final action by the governor.

CS/CS/CS/SB 462

– Transportation (Sen. DiCeglie / Rep. McFarland)

The bill addresses various provisions relating to transportation. Of note, the bill revises provisions regarding metropolitan planning organizations (MPOs), including requiring the exchange of best practices, and accountability and transparency requirements. The bill provides that after July 1, 2025, no additional MPOs may be designated in Florida except in urbanized areas where the urbanized area is not contiguous to an urbanized area designated before the 2020 census.

The language requires FDOT to, at least annually, convene MPOs of similar size, based on population served, to exchange best practices. At FDOT’s discretion, training for new MPO governing board members must be provided by a selected entity. The bill requires FDOT to establish, in collaboration with each MPO, quality performance metrics such as safety, infrastructure condition, congestion relief, and mobility. Each MPO, as part of its LRTP, in direct coordination with FDOT, must develop targets for each performance measure within the metropolitan planning area and report progress towards established targets. The bill does not repeal the MPOAC.

CS/CS/CS/SB 462 passed the Senate (37-0) and the House (114-0) and is awaiting final action by the governor.

CS/CS/HB 85 – Hazardous Walking Conditions (Rep. Kendall / Sen. Leek)

The bill expands the criteria for identifying hazardous walking conditions for public elementary school students to include walkways along a limited access facility, as defined in the Florida transportation code. Clarifies that a walkway along a limited access facility, as defined in statute, is considered a hazardous walking condition, rather than walkways along freeways or expressways, including any entrance ramp, exit ramp, or interchange.

CS/CS/HB 85 passed the House (113-0) and the Senate (38-0) and is awaiting final action by the governor.

Did Not Pass:

CS/CS/CS SB 184 – Housing (Sen. Gaetz / Rep. Conerly)

The bill requires each county and municipality to enact an ordinance, by December 1, 2025, to allow accessory dwelling units (ADUs) in all single-family residential areas. The bill expressly allows local governments to regulate the permitting, construction, and use of ADUs, with specified exceptions. The Senate adopted an amendment to add reusable tenant screening reports. Ultimately, the House and Senate disagreed on language permitting local governments to ban the short-term rental of ADUs.

CS/CS/HB 991 / CS/SB 1242 – Community Redevelopment Agencies (Rep. Giallombardo / Sen. McClain)

The House bill morphed into a larger bill to prohibit the creation of new CRAs after July 1, 2025, prohibit new CRA projects after October 1, 2025, terminate all existing CRAs by 2045, repeal certain boards, councils, and commissions and continuing ed requirements licensed under DBPR, and included portions of Senate President Albritton’s Rural Renaissance package, such as creating the Office of Rural Prosperity and the rural housing, infrastructure, and broadband grant programs. The House bill was not accepted in the Senate. The Senate bill was amended to maintain

that CRAs formed after 2002 have 40 years to complete all redevelopment financed by increment revenues and updated the required board composition with the elected city or county members for all new CRAs.

HB 1125 / SB 1264 - Regional Planning and Economic Development (Rep. Owen / Sen. Collins)

This was the Florida Commerce Agency bill. A portion of the bill would have removed regional planning councils from statute. The House bill was never heard in committee.

CS/SB 7002 / CS/CS/CS/HB 1169 - Water Management Districts (Senate Environment and Natural Resources Committee / Rep. Conerly)

The bills amend laws concerning water management district funding, budgeting, and business practices, as well as Everglades restoration projects. The bills provide direct appropriations for listed Everglades restoration projects; provide that water management districts may not use state funds as a local match for any state grant program unless specifically appropriate for that purpose; specify new requirements for preliminary and tentative budgets; and require districts to give preference to the lowest responsible and responsive bid, proposal, or reply that includes a 10-year construction bond or that provides proof of a comparable financial assurance mechanism, for capital improvement projects costing $1 million or more. The Senate rejected a House amendment on May 1 that revised regulations on lobbying and procedural rules for water management districts in Florida. Specifically, the amendment mandated the Commission on Ethics to investigate lobbyists or principals failing to register, making prohibited expenditures, or submitting false reports, and to provide findings to the governor. The amendment prohibited lobbyists and principals from making expenditures to district employees and board members.

CS/SB 1118/ HB 1209 – Land Use and Development Regulations (Sen. McClain / Rep. Steele)

The bills amend various provisions of the law relating to comprehensive planning, land use regulations, and homeowners’ associations. The bills provide a substantially new mechanism for the administrative approval of development on agricultural enclaves and provides for court review of comprehensive plan amendments with more favorable standards of review than the existing challenge framework. Provides that the production of ethanol, as it is used in the context of agricultural purposes, is not considered chemical manufacturing or refining. Prohibits a county or municipality from requiring the installation of a work of art as a precondition to issuing a development permit. Regarding homeowners’ associations, introduces the concept of recreational covenants to occupy the subject of amenity fees, dues, and expenses. The bill was never heard in the House. The agricultural enclave policy was amended onto SB 1080 but failed to be approved on the senate floor.

HB 401 / SB 634 – Residential Land Use Development Regulations (Rep. Jacques / Sen. Martin)

The bills were never heard in committee. The bills create distinct land use categories for single-family residential and single-family hybrid housing, enabling local governments to limit rental-based ownership models and promote homeownership opportunities.

CS/CS/HB 123 / CS/CS/SB 140 – Charter Schools (Rep. Andrade / Sen. Gaetz)

The bills modify procedures regarding charter school conversions and establish “job engine” charter schools. Originally, the bills restricted school boards from buying or acquiring property if district enrollment has decreased in the past five years, and obligated disposal of surplus property. Prioritized surplus school property for conversion to affordable housing for teachers, first responders, military members, charter schools, or recreational facilities. This portion of the bill was removed from both bills before going to the House and Senate floor.

CS/HB 203 / SB 1738 – Transparency Concurrency (Rep. Grow / Sen. Ingoglia)

The bills amend Florida’s Community Planning Act. The bills allow a small county that has imposed transportation concurrency requirements to identify in its comprehensive plan only those facilities necessary to maintain current levels of service, rather than meeting adopted levels of service.

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