Legislative Reporter | Sine Die | March 15

Sine Die | March 15, 2024 | Legislative Reporter

The 2024 Florida Legislative Session ended as scheduled on March 8.

The legislature passed its $117.46 billion budget (HB 5001) which will now go to Governor DeSantis, who has lineitem veto powers. The spending plan includes about $49.4 billion in general revenue funding and more than $68 billion in trust fund spending that’s mostly earmarked for specific types of needs.

Highlights of the budget cited by lawmakers this year included a 3 percent pay increase for state workers, a $450 million toll rebate program sought by Gov. Ron DeSantis, a $1.8 billion increase for PreK-12 schools, $717 million to expand Florida’s health care workforce, $100 million in recurring funding for prison infrastructure, more money for the environment and around $500 million to help pay off outstanding debt.

A total of 1,902 bills of all types were filed, with only 324 bills finally being passed by both chambers. An additional 294 bills were “laid on the table” indicating their companion measure passed.

The Bill Tracking Report, as of March 14, can be viewed here. Please review it to see the final status of the bills that APA Florida tracked over the session.

Bills that Died:

Of interest the following bills were among those that failed to pass this year:

• Municipal Water and Sewer Utility Rates (SB 104, HB 47)

• County Commissioner Term Limits (SB 438, HB 57)

• Trees on Residential Property (SB 122)

• Governing Body Meetings (SB 894, HB 157)

• Dredging and Beach Restoration Projects (SB 608, HB 163)

• Conversion Charter Schools (SB 246, HB 109)

• Saltwater Intrusion Vulnerability Assessments (SB 298, HB 1079)

• School District Levies (SB 1062, HB 333)

• Requiring Broader Public Support of Constitutional Amendments or Revisions (HB 335)

• Agritourism (SB 696, HB 339)

• Preemption of Recyclable and Polystyrene Materials (SB 498)

• Limitation on Local Fees for Virtual Offices (SB 578, HB 503)

• Movable Tiny Homes (HB 557)

• Local Business Taxes (SB 1144, HB 609)

• Agritourism (SB 696, HB 339)

• Everglades Protection Area (SB 1364, HB 723)

• Traffic Infraction Detectors (SB 1042, HB 805)

• Environmental Management (SB 738, HB 798)

• Development Permits and Orders (SB 1150, HB 791)

• Airports (SB 854, HB 1643)

• Traffic and Pedestrian Safety (SB 980)

• Economic Development in Gaming Concentrated Counties (SB 1056, HB 1125)

• Land Development (SB 1110, HB 1177)

• Land Use and Development Regulations (SB 1184, HB 1221)

• Florida Main Street Program and Historic Preservation Tax Credits (SB 1166, HB 1183)

• Millage Rates ( SB 1322, HB 1195)

• Resilience Districts (SB 1330)

• Affordable Housing Property Tax Exemptions for Accessory Dwelling Units (SB 1440, HB 1299)

Bills Passed by the Legislature

Every bill passed by the legislature is presented to the governor for approval and becomes a 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 thirty days, the governor has fifteen consecutive days from the date of presentation to act on the bill. To track Gov DeSantis’s action on bills, go to flgov.com and click on “2024 Bill Actions” on the right side of the page.

The following bills of interest were among those passed by both chambers but have not yet been submitted to the governor for his action:

• Broadband (HB 1147, Rep. Tomkow): Extends the expiration date of a promotional rate for broadband attachments to municipal electric utility poles from July 1, 2024, to Dec. 31, 2028.

• Hurricane Protections for Homeowners Associations (CS/HB 293ER, Rep. Sirois): Requires board or committee of homeowners’ association to adopt hurricane protection specifications; prohibits board or committee of association from denying application for installation, enhancement, or replacement of certain hurricane protection.

• Spaceports (SM 370ER, Sen. Wright): Urges Congress to add spaceports as a qualified tax-exempt category of private activity bonds.

• Easements Affecting Real Property Owned by Same Owner (HB 799ER, Rep. Robinson, Jr): Authorizes owner of real property to create easement, servitude, or other interest in owner’s real property, and provides that such easement, servitude, or other interest is valid.

• My Safe Florida Condominium Pilot Project (CS/CS/CS/HB 1029ER, Rep. Lopez):EstablishesMySafeFlorida CondominiumPilotProgramwithintheDepartmentofFinancialsServiceswiththeintentthattheprogramprovide licensedinspectorstoperforminspectionsforandgrantstoeligibleassociations,asfundingallows.

• Inactive Special Districts (CS/HB 7011ER, Rep. Persons-Mulicka): Dissolves special districts that have been declared inactive & repeals their enabling laws.

• My Safe Florida Home Program (CS/SB 7028ER, Senate Banking and Insurance Committee): Specifies eligibility requirements for hurricane mitigation inspections under the program; authorizing applicants who meet specified requirements to receive a home inspection under the program without being eligible for, or applying for, a grant; specifying eligibility requirements for hurricane mitigation grants; revising improvements that grants for eligible homes may be used for.

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The following significant bills of interest were passed by both chambers.

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

GROWTH MANGEMENT

Attorney Fees and Costs: SB 702ER (Sen. Martin) was passed by the legislature on March 6. The effective date identified in the bill is upon becoming law. As of the date of this report, the bill has not been transmitted to Gov. DeSantis for his action.

The bill creates s.57.106regarding the recovery of attorney fees andcosts in certain disputesregardingproperty rights. It provides that in a civil action brought against the owner of a parcel of real property toresolve adispute concerning property rights, the court must award reasonable attorney fees andcosts to the prevailing defendant if the improvements made to the propertyby thedefendant propertyownerwere made in substantial compliance with,or inreliance on, environmental or regulatory approvalsor permits issuedby a political subdivisionof thestate or astate agency.

For the purpose of this section, the term “property rights” includes, but is not limited to, use rights, ingress and egress rights, and those rights incident to land bordering upon navigable waters as described in s.253.141.

Building Regulations: CS/CS/CS/HB 267ER (Rep. Esposito) was passed by the legislature on March 7 after the House concurred with an amendment made on the Senate floor. The effective date identified in the bill is “except as otherwise expressly provided in this act and except for this section, which shall take effect upon this act becoming a law, this act shall take effect Jan. 1, 2025.” As of the date of this report, the bill has not been transmitted to Gov. DeSantis for his action.

The bill does the following:

• revises the eligibility requirements a person must meet to take an examination for certification as a building code inspector or plans examiner;

• requires the Florida Building Commission to provide an exception in the Building Code relating to sealed drawings by a design professional for replacement windows, doors, and garages in an existing one- or twofamily dwelling or townhouse under certain conditions;

• deletes s.553.79(16)a-e;

• amends s.553.791 dealing with alternative plans review and inspections to:

o provide a definition of “private provider firm”;

o delete the requirement that a private provider must provide notice to the building inspector of an inspection no later than the prior business day by 2 pm;

o require that, where the private provider is a licensed professional engineer or architect and seals the required affidavit, the building official must issue the requested permit or provide written notice identifying specific plan features that do not comply with the applicable code, as well as the specific code chapters and sections, within 10 business days of receipt;

o require the local business official to provide with specificity the plan’s deficiencies, reasons the permit failed and applicable codes being violated in the notice;

o if the specific notice is not provided within the 10-day period, the permit application is deemed approved and must be issued by the building official on the next business day; and

o provide that each local building code enforcement agency may not audit the performance of building code inspection services by private providers operating within the local jurisdiction until the agency has created standard operating private provider audit procedures for the agency’s internal inspection and review staff:

▪ the private provider audit procedures must be publicly available online and a printed version must be readily accessible in agency buildings;

▪ the private provider audit results of staff for the prior two quarters also must be publicly available;

▪ theagency’sauditprocessesmustadhere totheagency’s postedstandardoperatingauditprocedures;and

▪ the same private provider or private provider firm may not be audited more than four times in a year unless the local building official determines a condition of a building constitutes an immediate threat to public safety and welfare, which must be communicated in writing to the private provider or private provider firm.

• amends ss.553.792(1) and (2) to:

o require a local government to approve, approvewith conditions, or deny acomplete and sufficient building permit application within the following timeframes unless the applicant waivesthe limitation in writing:

▪ 30 business days for applicants using a local government plans reviewer to obtain the following building permits if the structure is less than 7,500 square feet: residential units, including a singlefamily residential unit or a single-family residential dwelling, accessory structure, alarm, electrical, irrigation, landscaping, mechanical, plumbing, or roofing;

▪ 60 business days for an applicant using a local government plans reviewer to obtain the following building permits if the structure is 7,500 square feet or more: residential units, including a singlefamily residential unit or a single-family residential dwelling, accessory structure, alarm, electrical, irrigation, landscaping, mechanical, plumbing, or roofing;

▪ 60 business days for an applicant using a local government plans reviewer to obtain the following building permits: signs or nonresidential buildings that are less than 25,000 square feet;

▪ 60 business days for an applicant using a local government plans reviewer to obtain the following building permits: multifamily residential, not exceeding 50 units; site plan approvals and subdivision plats not requiring public hearing or public notice; and lot grading and site alteration;

▪ 12 business days for an applicant using a master building permit consistent with s.553.794 to obtain a site-specific building permit; and

▪ 10businessdaysforanapplicantforasingle-familyresidentialdwellingappliedforbyacontractor licensed inthisstateonbehalfofapropertyownerwhoparticipatesinaCommunityDevelopmentBlock Grant-DisasterRecoveryprogram administeredbytheDepartmentofCommerce,unlessthepermit applicationfailstosatisfytheFloridaBuildingCodeortheenforcingagency’slawsorordinances.

o provide that a local government may not require the waiver of the timeframes as a condition precedent to reviewing the application;

o provide that a local government must meet the timeframes set forth for reviewing building permit applications unless timeframes set by local ordinance or more stringent;

o require a local government to determine if a building permit application is complete within five business days of receiving the application, previously set at 10 days; the building permit application is automatically deemed or determined to be properly completed and accepted if the local government does not provide timely notice;

o provide an exception to the existing fee reduction provision for when the parties agree in writing to a reasonable extension of time, when a delay is caused by the applicant, or the delay is attributable to a force majeure or other extraordinary circumstance;

o provide that the local enforcement agency does not have to reduce the building permit fee if it provides written notice to the applicant by e-mail or United States Postal Service within the respective timeframes

which specifically states the reasons the permit application fails to satisfy the Florida Building Code or the enforcing agency’s laws or ordinances:

▪ theapplicanthas10daystosubmitrevisionsandfailuretodosowillresultinadenialoftheapplication.

o if the applicant submits revisions within 10 business days after receiving the written notice, the local enforcement agency has 10 business days after receiving such revisions to approve or deny the building permit unless the applicant agrees to a longer period in writing; and

o if the local enforcement agency fails to issue or deny the building permit within 10 business days after receiving the revisions, it must reduce the building permit fee by 20 percent for each business day that it fails to meet the deadline unless the applicant agrees to a longer period in writing.

The bill creates s.553.9065 dealing with thermal efficiency standards for unvented attic and unvented enclosed rafter assemblies. The bill also amends s.553.80(7) to allow a local government to use any excess funds, that it is prohibited from carrying forward to rebate and reduce fees, for upgrading technology hardware and software systems used to enhance service delivery.

Citizen Voluntary Advisory Committees: CS/CS/SB 224ER (Sen. Wright) passed on March 6. The effective date identified in the bill is upon becoming law. As of the date of this report, the bill has not been transmitted to Gov. DeSantis for his action

The bill amends s.286.011 to authorize regional citizen volunteer advisory committees created to provide technical expertise and support to the National Estuary Program established by Congress under s.320 of the Clean Water Act whose membership is composed of representatives of four or more counties, to conduct public meetings and workshops by means of communications media technology.

It also provides that an advisory committee member who participates in a meeting or workshop by means of communications media technology is deemed to be present at such meeting. It requires that communications media technology allow for all persons attending such public meeting or workshop to audibly communicate as if they were physically present.

Additionally, the bill requires that notice for such a meeting or workshop must state whether it will be conducted using communications media technology, how an interested person may participate, and the locations of any facilities where communications media technology will be available.

Counties Designated as Areas of Critical State Concern: CS/CS/SB 1456 (Sen. Rodriguez) was passed by the legislature on March 5. The effective date identified in the bill is July 1, 2024. As of the date of this report, the bill has not been transmitted to Gov. DeSantis for his action.

The bill makes the following changes to current law, applying specifically to the Florida Keys or the City of Key West Areas of Critical State Concern:

• amends s.380.0552 to make changes related to local comprehensive plan requirements. It provides that mobile home residents are not considered permanent residents for purposes of hurricane evacuation clearance time. Additionally, it specifies that the City of Key West Area of Critical State Concern must be included in the Department of Commerce’s hurricane evacuation study and is subject to the evacuation requirements;

• authorizes land authorities to require compliance with income limitations on land conveyed for affordable housing by memorializing the original land authority funding or contribution in a recordable perpetual deed restriction:

o if a purchase receives state or federal funding that requires a priority lien position over the land authority deed restriction, the land authority funding or contribution may be subordinate to a first purchase money mortgage and the state or federal funding lien.

• exempts a county or municipality whose land has been designated by the legislature as an area of critical state concern within the past five years, and for which the legislature has declared an intent to provide

affordable housing, from a requirement to specified portions of the local housing assistance trust fund to aid very-low-income and low-income persons:

o this provision expires on July 1, 2029, and applies retroactively.

• allows a county that has been designated as an area of critical state concern and that levies a tourist development tax and a tourist impact tax to use the accumulated surplus from those taxes incurred through Sept. 30, 2024 for affordable housing:

o the expenditure of funds cannot exceed $35 million and is subject to approval by a majority vote of the board of county commissioners;

o affordablehousing mustbeavailabletoemployeesofprivatesectortourism-relatedbusinessesinthe county;

o any housing financed from the accumulated surplus must be used to provide affordable housing for no less than 99 years;

o expenditureofthefunds issubjecttoapprovalbyamajorityvoteoftheboardofcountycommissioners;and

o defines “accumulated surplus” as the accumulated excess of revenue over expenditure from prior years which has not been set aside for a specific purpose.

Department of Commerce: CS/CS/SB 1420ER (Sen. Burgess) was passed by the legislature on March 6. The effective date identified in the bill is “except as otherwise expressly provided in this act and except for this section, which shall take effect upon this act becoming a law, this act shall take effect July 1, 2024.” As of the date of this report, the bill has not been transmitted to Gov. DeSantis for his action.

Thebillmakesanumberofchanges thataffect theDepartmentofCommerce,amongwhichdothefollowing:

• amend s.163.3167(8) to provide that a citizen-led county charter amendment that is not required to be approved by the board of county commissioners preempting any development order, land development regulation, comprehensive plan, or voluntary annexation is prohibited unless expressly authorized in a county charter that was lawful and in effect on Jan. 1, 2024. Note the bill provides that this provision goes into effect upon becoming law;

• amends s.163.3184(3) Expedited State Review Process, to provide that:

o if the local government fails, within 180 days of receipt of agency comments, to hold the second public hearing, and to adopt the comprehensive plan amendments, the amendments are deemed to be withdrawn unless extended by agreement; and

o if the local government fails to transmit the comprehensive plan amendments within 10 working days after the final adoption hearing, the amendments are deemed withdrawn.

• amends s.163.3184(4) State Coordinated Review Process, to provide that if the local government fails:

o to hold thesecond hearing and adopt the amendmentswithin 180 days afterreceipt of thestate land planning agency’s report, the amendments shall be deemed withdrawn unless extended by agreement; and

o to transmit the comprehensive plan amendments within 10 working days after the final adoption hearing, the amendments are deemed withdrawn.

• creates s.288.102 to establish a Supply Chain Innovation Grant Program to fund, subject to appropriation by the legislature, proposed projects that support supply chain innovation

o this section expires on June 30, 2034.

Expedited Approval of Residential Building Permits: CS/CS/CS/SB 812ER (Sen. Ingoglia) was passed by the Legislature on March 6. The effective date identified in the bill is upon becoming law. As of the date of this report, the bill has not been transmitted to Gov. DeSantis for his action.

The bill creates s.177.073 relating to the expedited approval of residential building permits before a final plat is recorded. It provides definitions for the following terms: applicant, final plat, local building official, plans, preliminary plat, and qualified contractor.

By Oct. 1, 2024, the bill requires the following entities to create a program to expedite the process for issuing building permits for residential subdivisions or planned communities before a final plat is recorded with the clerk of the circuit court a governing body of a:

• county that has 75,000 residents or more; and

• municipality that has 10,000 residents or more and 25 acres or more of contiguous land that the local government has designated in the local comprehensive plan and future land use map as land that is agricultural or to be developed for residential purposes.

The expedited process must include an application for an applicant to identify up to 50 percent of planned homes, or the number of building permits that the governing body must issue for the residential subdivision or planned community:

• a local government may issue building permits that exceed 50 percent of the residential subdivision or planned community;

• the application or the local government’s final approval may not alter or restrict the applicant from receiving the number of building permits requested, so long as the request does not exceed 50 percent of the planned homes of the residential subdivision or planned community or the number of building permits; and

• this provision does not apply to a county subject to s.380.0552.

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

By Dec. 31, 2027, the bill requires a governing body of a county that has 75,000 residents or more and any governing body of a municipality that has 10,000 residents or more and 25 acres or more of contiguous land that the local government has designated in the local comprehensive plan and future land use map as land that is agricultural or to be developed for residential purpose to update its expedited process to contain an application that allows an applicant to request an increased percentage of up to 75 percent of building permits for planned homes that the local governing body must issue for the residential subdivision or planned community. This provision does not apply to a county subject to s.380.0552. The local government may issue more than 75 percent of the building permits.

The bill requires a governing body to create:

• a two-step application process for the adoption of a preliminary plat, inclusive of any plans, in order to expedite the issuance of building permits related to such plats. The application must allow an applicant to identify the percentage of planned homes, or the number of building permits, that the governing body must issue for the residential subdivision or planned community; and

• a master building permit process consistent with existing master building permit application requirements for applicants seeking multiple building permits for residential subdivisions or planned communities:

o provides that a master building permit issued pursuant to this requirement is valid for three consecutive years after its issuance or until the adoption of a new Florida Building Code, whichever is earlier; and

o after a new Building Code is adopted, the applicant may apply for a new master building permit, which, upon approval, is valid for three consecutive years.

Applicants can use a private provider to expedite the application process for building permits after a preliminary plat is approved. The governing body is required to establish a registry of at least three qualified contractors who can be used to supplement staff resources for processing and expediting preliminary plats and related plans. However, a qualified contractor who is hired to review an application, or any part thereof., may not have a conflict of interest, as defined in s.112.312, with the applicant.

A governing body is allowed to work with appropriate local government agencies to issue an address and a temporary parcel identification number for lot lines and lot sizes based on the metes and bounds of the plat contained in an application.

In accordance with the Florida Building Code and this section, the bill requires the governing body to issue the number or percentage of building permits requested by an applicant, provided the residential buildings or structures are unoccupied and all of the following conditions are met:

• the governing body has approved a preliminary plat for each residential subdivision or planned community;

• theapplicantprovidesprooftothegoverningbody that theapplicanthasprovided acopyoftheapproved preliminaryplat,alongwiththeapprovedplans,totherelevantelectric,gas,water,andwastewaterutilities; and

• the applicant holds a valid performance bond for up to 130 percent of the necessary improvements, as defined in s.177.031(9) that have not been completed upon submission of the application under this section. For purposes of a master planned community as defined in s.163.3202(5)(b) a valid performance bond is required on a phase-by-phase basis.

Applicants are allowed to contract to sell, but not transfer ownership of, a residential structure or building located in the residential subdivision or planned community until the final plat is approved by the governing body and recorded in the public records by the clerk of the circuit court.

Applicants are prohibited from obtaining a temporary or final certificate of occupancy for each residential structure or building for which a building permit is issued until the final plat is approved by the governing body and recorded in the public records by the clerk of the circuit court.

The bill provides that an applicant has a vested right in a preliminary plat that has been approved by a governing body if all of the following conditions are met:

• the applicant relies in good faith on the approved preliminary plat or any amendments thereto; and

• the applicant incurs obligations and expenses, commences construction of the residential subdivision or planned community, and continues in good faith with the development of the property.

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

The bill also requires an applicant to indemnify and hold harmless the local government, its governing body, its agents, and its employees from liability or damages resulting from the issuance of:

• a building permit or the construction, reconstruction, or improvement or repair of a residential building or structure, including any associated utilities, located in the residential subdivision or planned community; and

• a certificate of occupancy for a residential building or structure that is constructed, reconstructed, improved, or repaired before the approval and recordation of the final plat of the qualified project

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

Local Government Actions: CS/CS/SB 1628ER (Sen. Collins) was passed by the legislature on March 6. The effective date indicated in the bill is Oct. 1, 2024. As of the date of this report, the bill has not been transmitted to Gov. DeSantis for his action.

The bill amends s.100.261 to require that that if a bond issue amount is greater than $500 million, the required bond referendum must be held at a general election.

Additionally, the bill also amends ss.125.66 and 166.041 to revise the exemptions to the requirement that counties and cities, respectively, produce or have produced a “business impact estimate” prior to passing an ordinance.

Whereas current law exempts the entirety of growth policy, county and municipal planning, and land development regulations under part II of ch. 163 the bill limits this exemption to:

• development orders and development permits, as those terms are defined in s.163.3164; and

• development agreements, as authorized by the Florida Local Government Development Agreement Act under ss.163.3220-163.3243.

It also provides that this requirement to provide the business impact statement does not apply to those comprehensive plan amendments and development regulation amendments initiated by an application of a private party other than the county or municipality.

Public Works Projects: CS/HB 705ER (Rep. Shoaf) was passed by the legislature on March 4. The effective date identified in the bill is July 1, 2024. As of the date of this report, the bill has not been transmitted to Gov. DeSantis for his action

The bill amends s.255.0992 to:

• revise the definition of the term “public works project” to include all projects paid for with local funds in addition to state funds;

• specify that the term does not include the provision of goods, services, or work incidental to the public works project, such as the provision of security services, janitorial services, landscaping services, maintenance services, transportation services, or other services that do not require a construction contracting license or involve supplying or carrying construction materials for a public works project; and

• maintain the ability for municipalities and counties to preclude certain contractors from bidding on a public works project based on the geographic location of the contractor’s headquarters or offices, if the project is paid solely with local funds.

Review of Advisory Bodies: SB 276ER (Sen. Avila) was passed by the legislature on March 6. The effective date identified in the bill is July 1, 2024. As of the date of this report, the bill has not been transmitted to Governor DeSantis for his action.

The bill requires each executive agency with an adjunct advisory body to annually upload a report by Aug. 15 to the Florida Fiscal Portal website maintained by the Executive Office of the Governor. The report must include:

• the statutory authority for the advisory body;

• a brief description of the purpose or objective of the advisory body;

• specified information regarding the advisory body’s membership;

• a list of the meeting dates and times for the preceding three fiscal years;

• a brief summary of the work plan for the current fiscal year and next two fiscal years;

• the amount of funds appropriated and staff time used each fiscal year; and

• a recommendation by the agency, with supporting rationale, on whether to continue, terminate, or modify each advisory body.

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

Special Districts: CS/CS/HB 7013ER (Rep. Persons-Mulicka) was passed by the legislature on March 7 after the House concurred with an amendment made previously on the Senate floor. The effective date identified in the bill is July 1, 2024. As of the date of this report, the bill has not been transmitted to Gov. DeSantis for his action.

The bill revises provisions relating to special districts by:

• repealing s.163.3756 dealing with inactive community redevelopment agencies;

• prohibiting the creation of new safe neighborhood improvement districts on or after July 1, 2024 but safe neighborhood improvement districts created before this date may continue to operate as provided by current law;

• repealing s.165.0615 dealing with municipal conversion of independent special districts upon electorinitiated and approved referendum;

• creating s.189.0312 to:

o provide that members elected by the qualified electors of the district to the governing board of an independent special district may not serve for more than 12 consecutive years, unless the district’s charter provides for more restrictive terms of office:

▪ service of a term of office that commenced before Nov. 5, 2024 does not count towards this limitation.

o does not apply to a community development district established under Chapter190, or an independent special district created pursuant to a special act that provides that any amendment to Chapter 190 to grant additional powers constitutes a power of that district; and

o does not require an independent special district governed by an appointed governing body to convert to an elected governing body.

• creating s.189.0313 to provide that boundaries of independent special districts may only be changed by general law or a special act, with an exception for community development districts established pursuant to Chapter 190;

• amending s.189.062 to:

o add additional criteria for declaring a special district inactive:

▪ the district is an independent special district or a community redevelopment district created under Part III of Chapter 163 that has reported no revenue, no expenditures, and no debt under s.189.016(9) or s.218.32 for at least five consecutive fiscal years beginning no earlier than Oct. 1, 2018:

- does not apply to a community development district established under Chapter 190 or to any independent special district operating pursuant to a special act that provides that any amendment to Chapter 190 to grant additional powers constitutes a power of that district.

▪ for a mosquito control district created pursuant to chapter 388, the department has received notice from the Department of Agriculture and Consumer Services that the district has failed to file a tentative work plan and tentative detailed work plan budget as required by s.388.271.

o revise notice and procedures for proposed declaration of inactive status; and

o authorize special districts that have been declared inactive to only expend funds as necessary to service outstanding debt and to comply with existing bond covenants and other contractual obligations.

• creating s.189.0694 related to special districts’ performance measures and standards, to:

o require a special district, beginning October 2024 or by the end of the first full fiscal year after its creation, whichever is later, to establish goals and objectives for each program and activity undertaken by the district, as well as performance measures and standards to determine if those goals and objectives are being achieved; and

o require a special district to publish, on its website, an annual report, by December 1 of each year, describing the goals and objectives achieved by the district, as well as performance measures and standards used to make this determination, and any goals and objectives the district failed to achieve.

• amending s.189.0695 to require the Office of Program Policy Analysis and Government Accountability to conduct a performance review of existing safe neighborhood improvement districts by Sept. 30, 2025;

• repealing s.190.047 dealing with the incorporation or annexation of a district;

• amending s.193.013 to require independent special fire control districts to report certain information to the Division of the State Fire Marshal by October 1 of each year;

• amending Chapter 388 to:

o provide that the boundaries of each mosquito control district may only be changed by special act of the legislature;

o reduce the maximum ad valorem millage rate that may be levied by a mosquito control district from 10 mills to one mill:

▪ allow this to be increased to no more than 2 mills if the increase is approved by a referendum of the qualified electors of the district held at a general election.

o require mosquito control districts must submit a tentative work plan and tentative detailed work plan budget providing for the control of arthropods by July 15 of a year to participate in state programs; and

o provide that if a special district fails to submit a tentative work plan and tentative detailed work plan budget, the Department of Agriculture and Consumer Services must send notice to the Department of Commerce within 30 days.

Vacation Rentals: CS/SB 280ER (Sen. DiCeglie) was passed by the legislature on March 7 after the Senate concurred with an amendment made on the House floor. The effective date identified in the bill is “except as otherwise expressly provided in this 1067 act, this act shall take effect July 1, 2024” As of the date of this report, the bill has not been transmitted to Gov. DeSantis for his action.

The bill does the following:

• amends s.509.032(7) to preempt the regulation of advertising platforms to the state;

• effective Jan. 1, 2025, create s.509.243 to provide requirements for an advertising platform, including tax collection and remittance requirements;

• amends s.509.032(7) to preempt the licensing of vacation rentals to the state;

• allow a “grandfathered” local law, ordinance, or regulation adopted on or before June 1, 2011, to be amended to be less restrictive or to comply with local registration requirements;

• permits a local government that had a “grandfathered” regulation in effect on June 1, 2011, to pass a new, less restrictive ordinance that would be “grandfathered” as well;

• amends s.509.013 to define the term “advertising platform”;

• amends s.212.03(3) to require advertising platforms to collect and report taxes ;

• creates s.509.243(4) to require advertising platforms to collect and remit taxes resulting from the reservation of a vacation rental property and payment therefor through an advertising platform;

• provides that a local government is not prohibited from adopting a law, ordinance, or regulation if it is uniformly applied without regard to whether the residential property is used as a vacation rental;

• creates s.509.032(8) to permit local governments to require vacation rentals to register under a local registration program:

o provides that this section does not apply to any county law, ordinance or regulation initially adopted on or before Jan. 1,2016, that established county registration requirements for rental of vacation homes, and any amendments thereto adopted before Jan. 1, 2024:

▪ such law, ordinance or regulation may not be amended or altered except to be less restrictive or to adopt registration requirements as provided in this section.

o allows a local government to impose a fine for failure to register under the local program;

o requires a local government to prepare a business impact estimate in accordance with s.125.66(3) or s.166.041(4), as applicable, before implementing a vacation rental registration program;

o allows local government to charge a reasonable fee per unit to process a registration fee and a reasonable fee to process an annual renewal application;

o allows local governments to charge a reasonable fee to inspect a vacation rental after registration to verify compliance with the Florida Building Code and the Florida Fire Prevention Code;

o specifies information and actions required to be provided by owner or operator of a vacation rental;

o requires local governments to review a registration application for completeness and accept the registration or issue a written notice of denial specifying deficient areas within 15 days of receipt of an application;

o if a local government denies an application, the written notice of denial may be sent by United States mail or electronically and must state with particularity the factual reasons for the denial and include a citation to the applicable portions of an ordinance, rule, statute, or other legal authority for the denial;

o a local government cannot prohibit an applicant from reapplying if the applicant cures the identified deficiencies;

o if a local government fails to accept or deny the registration within the provided timeframes, the application is deemed accepted;

o requires local government to assign unique registration number to the vacation rental unit, provide the number to the rental operator, and provide the number to the state;

o allows a local government to fine a vacation rental operator up to $500 for failing to continue to meet the registration requirement or operating a vacation rental without registering with the local government:

▪ before issuing a fine, the local government must issue a written notice of violation and provide 15 days to cure the violation;

▪ if the violation is not cured within the 15 days, the fine may be issued; and

▪ a lien may be recorded against the real property on with the violation occurred.

o if a code violation is found by the code enforcement board or special magistrate to be a material violation of a local law, ordinance or regulation that does not solely apply to vacation rentals, and the violation is directly related to the vacation rental premises, the local government must issue a written notice of the violation:

▪ code enforcements board or special magistrate must make a recommendation as to whether the vacation rental registration should be suspended.

o suspension must be recommended if there are one or more violations:

▪ on five separate days during a 60-day period;

▪ on five separate days during a 30-day period; and

▪ after two prior suspensions of the registration.

o a local government may not suspend a vacation rental registration of violations of local laws, ordinances, or regulations that are not directly related to the vacation rental premises;

o allows a local government to revoke or refuse to renew a vacation rental registration if: the owner’s registration has been suspended three times; there is an unsatisfied recorded municipal lien or county lien on the real property of the vacation rental, provided local governments give a vacation rental owner at least 60 days to satisfy a recorded municipal or county code lien before terminating a local registration because of the unsatisfied lien; or the premises and its owner are the subject of a final order or judgment lawfully directing the termination of the premises’ use as a vacation rental; and

o allows a vacation rental owner to appeal a denial, suspension, revocation, or refusal to renew of a vacation rental registration to the circuit court within 30 days after the issuance of the denial, suspension, revocation, or refusal to renew , and provides that the court may assess and award reasonable attorney fees and costs and damages to the prevailing party.

• effective Jan. 1, 2025, amends ss.509.241 relating to the license application process for vacation rentals within the Division of Hotels and Restaurants in the Department of Business and Professional Regulation;

• amends s.509.261 to authorize the Division of Hotels and Restaurants to revoke, refuse to issue or renew, or suspend for a period of not more than 30 days a vacation rental license when:

o the operation of the subject premises violates the terms of an applicable lease or property restriction, including any property restriction adopted pursuant to ch. 718, 719, or 720 as determined by a final order of a court or an arbitrator’s written decision;

o the registration of the vacation rental is suspended or revoked by a local government as provided in s.509.032(8); or

o the premises and its owner are the subject of a final order or judgment lawfully directing the termination of the premises’ use as a vacation rental

• creates s.509.244 to require the Division of Hotels and Restaurants to create and maintain, by July 1, 2025, a vacation rental information system readily accessible through an application program interface:

o effective Jan. 1, 2026, local governments are required to use this system to provide notice of the revocation of or refusal to renew a vacation rental registration to the division.

• provides that the application of vacation rental provisions created by the bill do not supersede any current or future declaration or declaration of condominium adopted pursuant to Chapter 718 any cooperative document adopted pursuant to Chapter 719 or any declaration or declaration of covenant adopted pursuant to Chapter 720;

• providestheDepartmentofRevenueauthoritytoadoptemergencyrulesforpurposeofimplementingthebill;and

• appropriates funds for the 2024-25 fiscal year to the Department of Business and Professional Regulation, including nine full-time equivalent positions, for the purpose of implementing bill.

ECONOMIC DEVELOPMENT

Economic Development: CS/HB141ER (Rep.Abbott)was passedby the legislature onMarch4. The effectivedate in the bill is July 1,2024. As of the date of this report, the bill has not been transmitted to Gov. DeSantis for his action.

The bill amends s.288.018 to eliminate several requirements related to the Regional Rural Development Grants Program removes the requirement:

• for grant funds received by a regional development organization to be matched each year by nonstate resources in an amount equal to 25 percent of the state contributions;

• for local governments and private businesses to make financial or in-kind commitments to the regional organization; and

• that the Department of Commerce consider the demonstrated need of the applicant for assistance when approving participants for the program.

It also amends s.288.8013 to allow Triumph Gulf Coast, Inc., to retain interest earned on the funds in its trust account rather than having those funds revert to the Triumph Gulf Coast Trust Fund. The funds held are required to be used to make awards or for administrative costs.

Unsolicited Proposals for Public-Private Partnerships: CS/HB 781 (Rep. Clemons, Sr.) was passed by the legislature on March 4. The effective date identified in the bill is July 1, 2024. As of the date of this report, the bill has not been transmitted to Gov DeSantis for his action.

The bill amends s.255.065(3) to provide an alternative to the requirement that a responsible public entity (RPE) seek, via competitive procurement, additional proposals after its receipt of an unsolicited proposal that it intends to entertain for contract. The RPE may instead hold a duly noticed public meeting at which it presents the unsolicited proposal and entertains comments from affected public entities and members of the public.

At a second duly noticed public meeting, the RPE must present its determination whether the unsolicited proposal is in the public’s interest, based on the:

• benefits to the public;

• financial structure of and any economic efficiencies that are achieved by the proposal;

• submitting private entity’s qualifications and experience, and ability to perform the project;

• project’s compatibility with regional infrastructure plans; and

• public comments submitted at the meeting.

The determination must explain why the proposal should proceed and address any public comments.

If the RPE decides to proceed with the unsolicited proposal without engaging in a public bidding process, it must then publish a report in the Florida Administrative Register for at least seven days, that includes:

• the public interest determination;

• the factors it considered in making its determination; and

• its findings based on each considered factor.

If the proposal is unsolicited, the RPE must determine that the proposed project has been determined to be in the public’s interest before approving a comprehensive agreement.

The bill also requires the RPE to specifically determine the public benefits, apart from ownership of the project, if ownership of the project will not be conveyed to the RPE within 10 years of commencement of the project’s public operation. This statement must be included in the determination of public interest upon its presentation at a public meeting. This requirement does not apply to projects that are procured pursuant to competitive procurement.

Additionally, it amends s.255.065(5) to make conforming changes, clarifying that the RPE’s duty to rank and competitively negotiate applies only where an unsolicited proposal is submitted and noticed for public bidding.

ENVIRONMENT AND NATURAL RESOURCES

Energy Resources: CS/CS/HB 1645ER (Rep. Payne) was passed by the legislature on March 7 after the House concurred with an amendment made on the Senate floor. The effective date identified in the bill is July 1, 2024. As of the date of this report, the bill has not been transmitted to Gov. DeSantis for his action.

The bill amends several sections of Florida law and creates new statutory provisions relating to energy resources. Among these amendments are the following which:

• creates s.163.3210 which provides that a resiliency facility is a permitted use in all commercial, industrial, and manufacturing land use categories in a local government comprehensive plan and all commercial, industrial, and manufacturing districts:

o such facilities must comply with setback and landscape criteria that would apply to other similar uses;

o local governments may adopt ordinances specifying buffer and landscaping requirements for these facilities, provided that the requirements do not exceed requirements for similar uses involving the construction of other facilities that are permitted uses in commercial, industrial, and manufacturing land use categories and zoning districts;

o after July 1, 2024, local governments may not amend their comprehensive plans, land use maps, zoning districts, or land development regulations in a manner that would conflict with a resiliency facility’s classification as a permitted and allowable use, including, but not limited to, an amendment that causes a resiliency facility to be a non-conforming use, structure or development; and

o defines “resiliency facility” to mean a facility owned and operated by a public utility for the purposes of assembling, creating, holding, securing, or deploying natural gas reserves for temporary use during a system outage or natural disaster.

• amends s.366.032 to add community development districts created pursuant to Chapter 190 to a provision that prohibits local government from enacting or enforcing a resolution, ordinance, rule, code, or policy or taking any action that restricts or prohibits or has the effect of restricting or prohibiting the types or fuel sources of energy production which may be used, delivered, converted, or supplied by specified entities;

• adds community development districts to a provision in s.366.032 that prohibits local government from enacting or enforcing a resolution, ordinance, rule, code, or policy or taking any action that restricts or prohibits or has the effect of restricting or prohibiting the use of an appliance using fuels or energy types supplied by specified entities;

• creates s.366.042 to require that, for the purposes of restoring power following a natural disaster that is subject to a state of emergency:

o all rural cooperatives and municipal electric facilities must enter into and maintain, at a minimum, one of the following:

▪ a mutual aid agreement with a municipal electric utility;

▪ a mutual aid agreement with a rural electric cooperative;

▪ a mutual aid agreement with a public utility; and

▪ a pre-event agreement with a private contractor.

o all rural electric cooperatives and municipal electric utilities must annually submit to the Florida Public Service Commission, by May 15, an attestation that the organization has complied with these requirements;

o a rural electric cooperative or municipal electric utility that submits the attestation is eligible to receive state financial assistance, if such funding is available, for power restoration efforts following a natural disaster that is subject to a state of emergency declared by the governor. A rural electric cooperative or municipal electric utility that does not submit an attestation is ineligible to receive state financial assistance.

• creates s.377.708 Wind Energy, to:

o prohibit the following the construction or expansion of:

▪ offshore wind energy facilities;

▪ wind turbines or wind energy facility located on real property within one mile of the state’s coastline;

▪ a wind turbine or wind energy facility on real property within one mile of the Atlantic Intracoastal Waterway or Gulf Intracoastal Waterway; and

▪ a wind turbine or wind energy facility on waters of the state and any submerged lands.

o provide that this does not prohibit:

▪ affixation of a wind turbine directly a vessel for the purpose of providing power to electronic equipment located onboard the vessel; and

▪ operation of a wind turbine installed before July 1, 2024.

o provide that Department of Environmental Protection shall review all applications for federal wind energy leases in the territorial waters of the United States adjacent to waters of this state and shall signify its approval of or objection to each application; and

o provide that the Department of Environmental Protection may bring an action for injunctive relief against any person who owns, constructs, or operates an offshore wind energy facility or a wind turbine in this state in violation of this section.

Funding for Environmental Resource Management: CS/SB 1638ER (Sen. Hutson) was passed on March 5. The effective date identified in the bill is upon becoming a law if SB 7080 or similar legislation is adopted in the same legislative session or an extension thereof and becomes a law. As of the date of this report, the bill has not been transmitted to Gov. DeSantis for his action.

(Note that SB 7080ER, which creates the Indian Gaming Revenue Clearing Trust Fund within the Department of Financial Services to act as a depository for revenue-sharing payments from the gaming compact, was passed by on March 5 but has not yet been transmitted to the governor.)

CS/SB 1638ER creates s.380.095 relating to dedicated funding for conservation lands, resiliency, and clean water infrastructure. It provides legislative intent and states that the legislature finds it is in the best interests of the residents of the State of Florida to dedicate revenues from the gaming compact between the Seminole Tribe of Florida and the State of Florida to acquire and manage conservation lands, and to make significant investments in resiliency efforts and clean water infrastructure.

The bill requires the Department of Revenue to deposit 96 percent of any revenue share payment received under the compact into the Indian Gaming Revenue Clearing Trust Fund within the Department of Financial Service and distributed as follows the lesser of:

• 26.042 percent or $100 million each fiscal year to support the wildlife corridor as defined in s.259.1005, including the acquisition of lands or conservation easements within the wildlife corridor:

o to be eligible for funding, the acquisition project must be included on a land acquisition priority list developed pursuant to s.259.035 or s.570.71;

o the funds must be appropriated in Administered Funds each fiscal year;

o eligible state agencies may, on a first-come, first-served basis, submit a budget amendment to request release of funds pursuant to Chapter 216; and

o release is contingent upon approval, if required.

• 26.042 percent or $100 million each fiscal year for the management of uplands and the removal of invasive species, applied as follows the lesser of:

o 36 percent or $36 million to the Department of Environmental Protection divided as follows the lesser or:

▪ 88.889 percent or $32 million to the State Park Trust Fund for land management activities within the state park system:

- land manager may not use more than 25 percent of the distribution for operation capital outlay or capital assets.

▪ 11.111 percent or $4 million to the Internal Improvement Trust Fund for the purpose of implementing the Local Trail Management Grant Program established in s.260.0145.

o 32 percent or $32 million to the Incidental Trust Fund within the Department of Agriculture and Consumer Services for land management acquisition. The land manager may not use more than 25 percent of the distribution for operation capital outlay or capital assets; and

o 32 percent or $32 million to the State Game Trust Fund with the Fish and Wildlife Conservation Commission for land management activities, including management activities for gopher tortoises and Florida panthers. The land manager may not use more than 25 percent of the distribution for operation capital outlay or capital assets.

• 26.042 percent or $100 million to the Resilient Florida Trust Fund within DEP for the Statewide Flooding and Sea Level Rise Resilience Plan to be used in accordance with s.380.093; and

The remainder each fiscal year to go to the Water Protection and Sustainability Program Trust Fund with DEP for the Water Quality Improvement Grant Program to be used in accordance with s.403.0673.

Furthermore, the bill creates s.260.0145, which establishes the Local Trail Management Grant Program, designed to assist local governments with costs associated with the operation and maintenance of trails within the Florida Greenways and Trails system. Priority is given to:

• a local government that provides cost share for the costs associated with the operation and maintenance of the trails, except for trails with fiscally constrained counties or rural areas of opportunity; and

• trails within the Florida wildlife corridor as defined in s.259.1055.

A local government may not use grant funds for the planning, design, or construction of trails. Grant funds may only be used for the operation and maintenance of trails, including, but not limited to:

• the purchase of equipment and capital assets;

• the funding of necessary repairs to ensure the safety of trail users; and

• other necessary maintenance, such as pressure washing, bush pruning, and clearing debris.

The Department of Environmental Protection is required to submit a report each January 15, beginning in 2025, to the Governor, Senate President, and House Speaker. The report must list the grants awarded and provide specific information about each one.

The bill also amendss.259,1055 to add languageregarding management techniqueswith the Florida Wildlife Corridor. It authorizes the Fishand Wildlife ConservationCommission(Commission) toenter into voluntary agreementswith private landowners for environmental services withinthe corridor.The agreements must require that:

• the landowner protect and restore water resources;

• the landowner improve management of wildlife habitat, including the long-term conservation of forest and grassland soils and native plants;

• the landowner manage the land in a manner that keeps the desired ecosystem healthy for protected species, such as the gopher tortoise and the Florida panther; and

• or provide other incentives to landowners to continue and improve land uses that are both economically sustainable and beneficial to the environment of this state.

The Commission is required to ensure that any agreement for environmental services requires the landowner to manage the land in a manner that improves or enhances the land beyond what is required under any other agreement or contract the landowner may have with the state.

Moreover, it bill requires the Land Management Uniform Accounting Council (LMUAC) to recommend the most effective and efficient use of funds available to state agencies for land management activities pursuant to s.380.095. The initial recommendation must be adopted and submitted to the Executive Office of the Governor, the Senate President, and the House Speaker by Jan. 3, 2027. After that, LMUAC must update its recommendation in its biennial report developed pursuant to s.259.037.

The bill also amendss.407.0673 dealingwith thewaterquality improvement grantprogram.It amendsthe list of projects that are tobe prioritized andalsorequiresthe annual report thatDEP is required tosubmit to include a list projects notreceiving fundingwhich were determined tobe eligible by the department and were able to demonstrate project readiness. Additionally, the report must include the progress madein the implementation of multi-yearprojects.

The bill also sets forth the following distribution of funds for the 2024-25 fiscal year:

• $2 million in recurring funds from the General Revenue Fund is appropriated to the University of Florida to continually update the Florida Wildlife Corridor plan and the Florida Ecological Greenways Network plan;

• $5 million in nonrecurring funds from the Water Protection and Sustainability Trust Fund within the Department of Environmental Protection is appropriated to the department to coordinate with the Water School at Florida Gulf Coast University to conduct a study to identify and analyze potential regional projects that meet the eligibility criteria set forth in s.403.0673:

o at a minimum, the study must include the collection and consolidation of data regarding water quality to identify potential regional projects, including stormwater, hydrologic improvements, and innovative technologies, which reduce nutrient loading to water bodies identified in s.403.0673(1); and

o the department shall submit a report to the Executive Office of the Governor, the President of the Senate, and the Speaker of the House of Representatives by Jan. 3, 2025.

• $100 million in nonrecurring funds from funds distributed to the Indian Gaming Revenue Clearing Trust Fund is appropriated to Administered Funds for land acquisition pursuant to s.380.095(2)(a);

• $4 million in nonrecurring funds from the Internal Improvement Trust Fund within the Department of Environmental Protection is appropriated for the purpose of implementing the Local Trail Management Grant Program;

• $32 million in nonrecurring funds from the State Park Trust Fund within the Department of Environmental Protection is appropriated for land management activities as specified in s.380.095(2)(b)1.a;

• $32 million in nonrecurring funds from the Incidental Trust Fund within the Department of Agriculture and Consumer Services is appropriated for land management activities as specified in s.380.095(2)(b)2;

• $32 million in nonrecurring funds from the State Game Trust Fund within the Fish and Wildlife Conservation Commission is appropriated for control of invasive species and upland land management activities pursuant to s.380.095(2)(b)3 or s.259.1055;

• $100 million in nonrecurring funds from the Resilient Florida Trust Fund within the Department of Environmental Protection is appropriated for the Statewide Flooding and Sea Level Rise Resilience Plan pursuant to s.380.093;

• $79 million in nonrecurring funds from the Water Protection and Sustainability Program Trust Fund within the Department of Environmental Protection is appropriated for the Water Quality Improvement Grant Program pursuant to s.403.0673;

• $150 million in nonrecurring funds from the General Revenue Fund is appropriated in the Aid to Local Governments – Grants and Aids – South Florida Water Management District – Operations appropriation category to the South Florida Water Management District for operations and maintenance responsibilities under the purview of the district:

o the funds must be placed in reserve;

o from the funds, the district shall enter into a contract with the Water School at Florida Gulf Coast University to conduct a study of the health and ecosystem of Lake Okeechobee;

o the study must consider the health of plant, fish, and wildlife to be used for future planning of invasive plant control, replanting of native vegetation, and fish and game management;

o a report must be submitted by Jan. 1, 2025, to the Executive Office of the Governor, the President of the Senate, and the Speaker of the House of Representatives; and

o the Department of Environmental Protection is authorized to submit budget amendments to request release of funds pursuant to chapter 216, Florida Statutes. Release is contingent upon the submission of a spending plan and negotiated draft contract between the South Florida Water Management District and the Florida Gulf Coast University Water School.

Mitigation: CS/CS/CS/SB 1532ER (Sen. Brodeur) passed on March 5. The effective date identified in the bill is July 1, 2024. As of the date of this report, the bill has not been transmitted to Gov. DeSantis for his action.

CS/CS/CS/SB 1532ER expands the water quality enhancement credit program to allow private entities to purchase credits. Specifically, the bill provides that water quality enhancement credits may be sold to governmental entities

seeking to meet an assigned basin management action plan allocation or reasonable assurance plan or to private or governmental applicants for the purpose of achieving net improvement or meeting environmental resource permit performance standards.

Regarding mitigation banking, the bill allows limited use of local government land for private mitigation banks, provided that the private mitigation banks are located in credit-deficient basins and would produce certain habitat type credits that are unavailable or insufficient in such basins. A local government with land in a credit-deficient basin may consider a proposal from a private entity for the right to establish a mitigation bank on the local government land, including such lands purchased for conservation purposes, provided acquisition encumbrances do not exist to the contrary. The bill provides that if such a mitigation bank is to be established and operated on local government land, the local government and private applicant must enter into a use agreement that meets certain requirements. The bill does not apply to lands owned by the state or a water management district

The bill providesthat, in determiningthe numberof mitigation bank credits to be awarded toa mitigation bank established pursuant to thissubsection, theproposed mitigation bank’s location in or adjacent to the local government conservation lands maynot increase the uniformmitigation assessment method location factor assessment and scoring value, even if the conservationstatus of the mitigationbank land is improved due tosuch location.

The bill also does the following:

• clarifies that water quality enhancement areas (WQEAs) are a valuable tool in providing net improvement of the water quality in a receiving waterbody that does not meet standards or in satisfying environmental resource permit performance standards;

• changes the definition of “applicant” to mean a governmental entity seeking to purchase WQEA credits to meet an assigned basin management action plan or reasonable assurance plan or a governmental entity or a private sector entity that seeks to purchase WQEA credits to achieve net improvement or satisfy environmental resource permit performance standards;

• provides that applicants may purchase WQEA credits to address impacts of activities regulated under ss.373.403-373.443 instead of the entire Part IV of Chapter 373 as this section currently provides;

• provides that WQEA credits may be sold to governmental entities seeking to meet allocations under a basin management action plan or reasonable assurance plan, or to applicants (private and government) to achieve net improvement or meet environmental resource permit performance standards; and

• provides that WQEAs must be used to address contributions of one or more pollutants or other constituents in the watershed, basin, sub-basin, targeted restoration area, waterbody, or section of waterbody, as determined by the Department of Environmental Protection, in which the WQEA is located that do not meet applicable state water quality standards or environmental resource permit performance standards.

HOUSING

Affordable Housing: CS/CS/SB328ER(Sen.Calatayud)passedthe Legislatureon February28.Theeffectivedateinthe billisuponbecominglaw. As of the date of this report, the bill has not been transmitted to Gov. DeSantis for his action.

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

As it pertains to the Act’s preemption of certain local zoning and land use regulations to expedite development of affordable housing, the bill amends s.125.01055(7) and s.166.04151(7) to:

• prohibit local government from restricting the density of a proposed development authorized under s.125.01055(7) or s.166.04151(7) below the highest currently allowed density on land where residential development is allowed under the land development regulations:

o the term “highest currently allowed density” does not include the density of any development that met the requirements of this subsection or the density of any development which has received any bonus,

variance, or other special exception for density provided in the land development regulations as an incentive for development.

• prohibit local government from restricting the floor area ratio of a proposed development authorized under s.125.01055(7) or s.166.04151(7) below 150 percent of the highest currently allowed floor area ratio on land where development is allowed under the land development regulations:

o the term “highest currently allowed floor area ratio” does not include the floor area ratio of any development that met the requirements of this subsection or the floor area ratio of any development which has received any bonus, variance, or other special exception for floor area ratio provided in the land development regulations as an incentive for development. For purposes of this subsection, the term floor area ratio includes floor lot ratio.

• clarify that the term “highest currently allowed height” does not include the height of any building that met the requirements of this subsection or the height of any building which has received any bonus, variance, or other special exception for height provided in land development regulations as an incentive for development;

• provide that if the proposed development is adjacent to, on two or more sides, a parcel zoned for singlefamily residential use that is within a single-family residential development with at least 25 contiguous single-family homes, the local government may restrict the height of the proposed development to 150 percent of the tallest building on adjacent property, the highest currently allowed height for the property allowed in the land development regulations or three stories, whichever is higher:

o the term “adjacent to” means those properties sharing more than one point of a property line, but does not include properties separated by a public road.

• prohibit qualifying developments within one-quarter mile of a military installation identified in s.163.3175(2) from utilizing the Act’s administrative approval process;

• require local government to reduce parking requirements by at least 20 percent for a proposed development if the development:

o is located within one-half mile of a major transportation hub that is accessible from the proposed development by safe, pedestrian-friendly means, such as sidewalks, crosswalks, elevated pedestrian or bike paths, or other multimodal design features;

o has available parking within 600 feet of the proposed development which may consist of options such as on-street parking, parking lots, or parking garages available for use by residents of the proposed development. However, a local government may not require that the available parking compensate for the reduction in parking requirements; and

o for purposes of this retirement, the term “major transportation hub” means any transit station, whether bus, train, or light rail, which is served by public transit with a mix of other transportation options.

• require a local government to eliminate parking requirements for a proposed mixed-use residential development within an area recognized by the county as a transit-oriented development or area:

o a proposed development authorized under this subsection which is located within a transit-oriented development or area must be mixed-use residential and otherwise comply with requirements of the local government regulations applicable to the transit-oriented development or area except for use, height, density, floor area ratio, and parking as provided in this subsection or as otherwise agreed to by the local government and the applicant for the development.

• provide that localgovernmentmaygrantabonus,variance,conditionaluse,orotherspecialexceptionforheight, density,orfloorarearatioinaddition totheheight,density,andfloor arearatiorequirements inthissubsection;

• provide that a proposed development authorized under this subsection may receive a bonus for density, height, or floor area ratio pursuant to an ordinance or regulation of the jurisdiction where the proposed development is located if the proposed development satisfies the conditions to receive the bonus except for any condition that conflicts with this subsection:

o if a proposed development qualifies for such bonus, the bonus must be administratively approved by the local government.

• provide that these subsections do not apply to an airport-impacted area as provided in s.333.03; and

• require local governments to publish on its website a policy containing procedures and expectations for the administrative approval of qualifying developments.

Furthermore, the bill creates s.125.01055(8) and s.166.04151(8) to require that:

• qualifying developments must be treated as a conforming use even after expiration of the development’s affordability period and after the expiration of the applicable statutes on Oct. 1, 2033, notwithstanding the comprehensive plan, future land use designation, or zoning:

o if at any point during the development’s affordability period the development violates the affordability period requirement, the development must be allowed a reasonable time to cure such violation; and

o if the violation is not cured within a reasonable time, the development must be treated as a nonconforming use.

It also does the following:

• clarifies that only the affordable units in a qualifying development must be rental units; and

• allows applicantsfora proposeddevelopment authorized unders.125.01055(7)ors.166.04151(7), who submitted an application,written request ornotice to utilize these provisionsand the requestwasreceived by the local government before the effective date of the bill,can notify the local government by July 1,2024 that they want toproceed under the provisions as they existed at the time of submittal. Local government must also give the applicant an opportunity tosubmit arevised application etc. to account for thechangesin the bill.

The bill also amends s.330.03 to provide that s.125.01055(7) and s.166.04151(7) do not apply to any of the following a proposed development:

• near a runway within one-quarter of a mile laterally from the runway edge and within an area that is the width of one-quarter of a mile extending at right angles from the end of the runway for a distance of 10,000 feet of any existing airport runway or planned airport runway identified in the local government’s airport master plan;

• within any airport noise zone identified in the federal land use compatibility table or in a land-use zoning or airport noise regulation adopted by the local government; and

• that exceeds maximum height restrictions identified in the political subdivision’s airport zoning regulation adopted pursuant to this section.

As it pertains to the Act’s ad valorem tax exemption for newly constructed multifamily developments, the bill makes the following changes:

• requires more than 10 units, rather than 70 units, to be set aside for income-limited persons and families in Florida Keys to qualify for the exemption;

• clarifies that the Florida Housing Finance Corporation’s (FHFC) duties are ministerial in certifying eligibility for exemption, while local property appraisers maintain authority to grant tax exemptions; and

• outlines the method for property appraisers to determine values of tax-exempt units.

The bill also appropriates, for the 2024-25 fiscal year, $100 million in non-recurring funds from the state’s allocation from the federal Coronavirus State Fiscal Recovery Fund in the General Revenue Fund to the FHFC to implement the Florida Hometown Hero Program and makes one programmatic change, and expands the authority for the FHFC to preclude developers from participating in its programs for certain violations.

Housing for Legally Verified Agricultural Workers: CS/SB 1082ER (Sen. Collins) was passed by the legislature on March 5. The effective date identified in the bill is July 1, 2024. As of the date of this report, the bill has not been transmitted to Gov. DeSantis for his action.

The bill amends s.163.3162 to define “legally verified agricultural worker” as a person who:

• is lawfully present in the United States;

• has been verified through the process provided in s.488.095 and is authorized to work at the time of employment;

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

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

The bill defines “housing site” as the totality of development supporting authorized housing, including buildings, mobile homes, barracks, dormitories used as living quarters, parking areas, common areas such as athletic fields or playgrounds, storage structures, and other related structures.

It also provides that a governmental entity may not adopt or enforce any legislation which inhibits the construction or installation of housing for legally verified agricultural employees on land classified as agricultural use and operated as a bona fide farm, except as provided in the bill.

A housing site authorized under this section:

• must meet all local and state building standards, including standards regulated by the Department of Health and federal standards for H-2A visa housing:

o if written notice of intent is required to be submitted to the Department of Health, the appropriate governmental entity with jurisdiction over the agricultural lands may also require submittal of a copy of the written notice.

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

• must have structures containing dwelling units placed a minimum of 10 feet apart;

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

• must provide 50-foot setbacks on all sides:

o 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 250 feet from a property line adjacent to property zoned for residential use:

o if located less than 500 feet of a property line, must provide screening, consisting of tree, wall, berm or fence coverage of specified sizes and opacity, between the housing site and any residentially developed adjacent parcels under different ownership.

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

A local ordinance adopted pursuant to this section must comply with state and federal regulations for migrant farmworker housing, including rules adopted by the Department of Health pursuant to ss. 381.008 – 381.00897 and federal regulations under the Migrant and Seasonal Agricultural Worker Protection Act or the H-2A visa program.

The bill also provides that a local government may validly adopt less restrictive land use regulations.

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

If,foranyreason,ahousingsiteisnotusedforagriculturalworkersforlongerthan365days,structuresusedasdwelling unitsmustberemovedwithin180days afternoticefromthelocalgovernmentunlessthepropertyownerdemonstrates thatitsintendedusewillresumewithin90days.Ifthepropertyceasestobeclassifiedasagricultural,housingestablished underthissectionisnolongereligibleforresidentialusewithoutfurtherapprovalunder thelocal jurisdiction’szoningand landuseregulations.Additionally,ifDepartmentofHealthpermitsforagriculturalhousinguses arerevoked,structures mustberemovedwithin180daysofnoticefromthe localgovernmentunless thepermitisreinstated.

Notwithstanding the provisions herein, the construction or installation of housing for legal agricultural employees in the Florida Keys and City of Key West Areas of Critical State Concern is subject to the permit allocation systems of those areas.

Finally, the bill provides that a housing site constructed and in use before July 1, 2024, may continue to be used, and the property owner may not be required to make changes to meet the requirements in this bill, unless the housing site will be enlarged, remodeled, renovated, or rehabilitated. The property owner of a housing site must provide regular

maintenance and repair, including compliance with health and safety regulations and maintenance standards, for such housing site to ensure the health, safety, and habitability of the housing site.

TRANSPORTATION

Alternative Mobility Funding Systems: CS/HB479ER(Rep. Robinson, Jr.) passedonMarch 4. The effective date in the bill is Oct.1, 2024. As of the date of this report, the bill has not been transmitted to Gov. DeSantis for his action.

Specifically, the bill does the following:

• amends s.163.3164 to provide the following definitions to be used within the Community Planning Act:

o “mobility fee” means a local government fee schedule established by ordinance and based on the projects included in the local government’s adopted mobility plan; and

o “mobility plan” means an alternative transportation system mobility study developed by using a planbased methodology and adopted into a local government comprehensive plan that promotes a compact, mixed use, and interconnected development served by a multimodal transportation system in an area that is urban in character, or designated to be urban in character, as defined in s.171.031.

• amends s.163.3180 to provide that:

o a proportionate share agreement must provide that, after an applicant makes its contribution or constructs its proportionate share, the project shall be considered to have mitigated its transportation impacts and must be allowed to proceed if the applicant has satisfied all other local government development requirements for the project; and

o local governments may not prevent a single applicant from proceeding after the applicant has satisfied its proportionate-share contribution if the applicant has satisfied all other local government development requirements for the project; and

o if a local government elects to repeal transportation concurrency, it may adopt an alternative transportation system that is mobility-plan and fee-based or an alternative transportation system that is not mobility-plan or fee-based.

• creates s.163.3180(5)(j) to require that, if a county and municipality charge the developer of a new development or redevelopment a fee for transportation capacity impacts, the county and municipality must create and execute an interlocal agreement to coordinate the mitigation of their respective transportation capacity impacts:

o the interlocal agreement must, at a minimum, require:

▪ that any new development or redevelopment is not charged twice for the same transportation capacity impacts;

▪ establish a plan-based methodology for determining the legally permissible fee to be charged to a new development or redevelopment;

▪ require the county or municipality issuing the building permit to collect the fee, unless agreed to otherwise; and

▪ provide a method for the proportionate distribution of the revenue collected by the county or municipality to address the transportation capacity impacts of a new development or redevelopment, or provide a method of assigning responsibility for the mitigation of the transportation capacity impacts belonging to the county and the municipality.

o if an interlocal agreement is not executed by Oct. 1, 2025:

▪ the fee charged to a new development or redevelopment shall be based on the transportation capacity impacts apportioned to the county and municipality as identified in the developer’s traffic impact study or the mobility plan adopted by the county or municipality;

▪ the developer shall receive a 10 percent reduction in the total fee calculated ;

▪ the county or municipality issuing the building permit must collect the fee charged and distribute the proceeds of such fee to the county and municipality within 60 days after the developer’s payment.

• provides that s.163.3180(5)(j) does not apply to:

o a county as defined in s.125.011(1); and

o a county or municipality that has entered into, or otherwise updated, an existing interlocal agreement, as of Oct. 1, 2024, to coordinate the mitigation of transportation impacts. However, if such existing interlocal agreement is terminated, the affected county and municipality that have entered into the agreement shall be subject to the requirements of this paragraph unless the county and municipality mutually agree to extend the existing interlocal agreement before the expiration of the agreement.

• amends s.163.31801 to provide that:

o local governments adopting and collecting impact fees must ensure that the fee calculation is based on a study using the most recent and localized data available within four years of the current impact fee update. The new study must be adopted by the local government within 12 months of the initiation of the new impact fee study if the local government increases the impact;

o local governments must also credit against the collection of the impact any contribution identified in the development order or any form of exaction, including monetary contributions; and

o holders of transportation or road impact fee credits which existed before the adoption of the alternative transportation system, are entitled to the full benefit of the intensity and density prepaid by the credit balance as of the date the alternative transportation system was first established.

Department of Agriculture and Consumer Services: CS/CS/SB 1084ER (Sen. Collins) was passed by the legislature on March 6. The effective date identified in the bill is: “Except as otherwise expressly provided in this act and except for this section, which shall take effect upon this act becoming a law, this act shall take effect July 1, 2024.” As of the date of this report, the bill has not been transmitted to Gov. DeSantis for his action.

The bill contains modifications to several agricultural, consumer services, and licensure activities under the jurisdiction of the Department of Agriculture and Consumer Services. Among the changes, it amends s.366.94 to preempt the regulation of electric vehicle charging stations to the state and prohibits local governmental entities from enacting or enforcing such regulations. The effective date of these provisions appears to be July 1, 2024.

Department of Transportation: CS/CS/CS/HB 1301ER (Rep. Abbott) was passed by the legislature on March 7 after the House concurred with an amendment made on the Senate floor. The effective date identified in the bill is July 1, 2024. As of the date of this report, the bill has not been transmitted to Gov. DeSantis for his action.

The bill addresses matters related to transportation. Specifically, the bill now:

• deletes the requirement that the Secretary of Transportation be appointed from among three persons nominated by the Florida Transportation Commission;

• amends s.20.23 to add the following to department’s areas of responsibility:

o modal development (replaced public transportation);

o transportation technology;

o work program and budget (replaced management and budget);

o statewide corridors;

o forecasting and performance;

o emergency management;

o safety;

o infrastructure and innovation;

o permitting; and

o traffic operations.

• deletes language that requires the Florida Department of Transportation (FDOT) Secretary to appoint FDOT’s inspector general;

• provides that, beginning with the 2024-25 fiscal year through the 2029-30 fiscal year, $15 million in recurring funds shall be made available from the State Transportation Trust Fund for the Intermodal Logistics Center Infrastructure Support Program. FDOT shall include projects proposed to be funded under this section in the tentative work program developed pursuant to s.339.135(4);

• amends s.333.03toprovidethat, when an airport authority or othergoverning body operating a public-use airport hasnot conducted a noise study, the airport landuse compatibility zoningregulationsmust address the

prohibition ofresidential construction and educational facilities within an area contiguousto the airport measuring one-half the lengthof the longest runwayoneither side of and at the endof each runwaycenterline:

o exceptions to this are made for aviation school facilities or residential property near a public-use airport that has as its sole runway a turf runway measuring less than 2,800 feet in length.

• amends s.334.046 which deals with FDOT’s mission, goals, and objectives;

• creates s.334.61 to provide that, whenever a governmental entity proposes any project that will repurpose one or more existing traffic lanes, the governmental entity shall include a traffic study to address any potential adverse impacts of the project, including, but not limited to, changes in traffic congestion and impacts on safety:

o if, following the study, the governmental entity elects to continue with the design of the project, it must notify all affected property owners, impacted municipalities, and the counties in which the project is located at least 180 days before the design phase of the project is completed;

o the notice must provide a written explanation regarding the need for the project, include information on how to review the traffic study and indicate that all affected parties will be given an opportunity to provide comments to the proposing entity regarding potential impacts of the change;

o the governmental entity shall hold at leastone public meeting, with at least 30 days’ prior notice,before completing the designphaseof the project in the jurisdiction where theproject is located.At thepublic meeting, the governmental entityshall explain the purpose of theproject and receive public input, including possible alternatives, todetermine the manner inwhich the project will affect the community; and

o the governmental entity shall review all comments from the public meeting and take the comments and any alternatives presented during the meeting into consideration in the final design of the project.

• changes the time period a prepaid toll account can remain dormant from three years to 10;

• revises provisions regarding an interlocal agreement and FDOT’s funding of a fire station on Alligator Alley;

• amends s.339.08 to provide that FDOT may not expend any state funds to support a project or program of a public transit provider, authority, public-use airport, or a port, which is found in violation s.381.00316 and state funds will be withheld until the entity is in found to be compliance;

• provides that revenues deposited into the State Transportation Trust Fund (STTF) pursuant to s.320.20(5)(a) must first be available for appropriation for payments under a service contract entered into with the Florida Department of Transportation Financing Corporation to fund arterial highway projects:

o for the corporation’s bonding purposes, two or more of such projects in the department’s approved work program may be treated as a single project; and

o funds appropriated for payments under a service contract shall be available after funds pledged to payment on bonds but before other statutorily required distributions.

• allows FDOT to enter into a service contract with the Florida Department of Transportation Financing Corporation to finance projects authorized in s.215 of Chapters 2023-239, Laws of Florida, and in Budget Amendment EOG# 2024-B0112, and subsequently adopted into the five-year work program:

o service contract payments may not exceed 7 percent of the funds deposited in the State Transportation Trust Fund in each fiscal year;

o the annual payments under such service contract shall be included in the department’s work program and legislative budget request developed pursuant to s.339.135;

o the department shall ensure that the annual payments are programmed for the life of the service contract before execution of the service contract and shall remain programmed until fully paid; and

o allows FDOT to retain the interest earnings on funds appropriated to finance these projects and requires the interest must be used to implement the projects.

• amends s.339.2818 relating to the Small County Outreach Program, to allow a local government either wholly or partially within the Everglades Agricultural Area as defined in s.373.4592(15), the Peace River Basin, or the Suwannee River Basin to compete for additional funding at up to 100 percent of project costs on state or county roads used primarily as farm-to-market connections between rural agricultural areas and market distribution centers, excluding capacity improvement projects;

• amends s.341.051 to add that:

o any lane elimination or lane repurposing, recommendation, or application relating to public transit projects must be approved by a two-thirds vote of the transit authority board in a public meeting with a 30-day public notice;

o any action of eminent domain for acquisition of public transit facilities carried out by a public transit provider must be discussed by the public transit provider at a public meeting with a 30-day public notice; and

o the remaining unallocated New Starts Transit Program funds as of June 30, 2024 shall be reallocated for the purpose of the Strategic Intermodal System within the State Transportation Trust Fund; this provision expires June 30, 2026.

• creates s.341.051(8) to provide that:

o a public transit provider may not expend department funds for marketing or advertising activities, including any wrap, tinting, paint, or other medium displayed, attached, or affixed on a bus, commercial motor vehicle, or motor vehicle that is owned, leased, or operated by a public transit provider;

o these vehicles are limited to displaying a brand or logo of the public transit provider, the official seal of the jurisdictional government entity, or a state agency public service announcement;

o FDOT must incorporate guidelines for allowable marketing or advertising activities in the public transportation grant agreement entered with each transit provider; and

o any new wrap, tinting, paint, medium, or advertisement on the passenger windows of a vehicle used by a public transit provider may not be darker than the legally allowed window tinting requirements provided in s.316.2954.

• amends s.341.071 to:

o provide definitions of general administrative costs, public transit provider, Tier 1 provider, Tier 2 provider;

o beginning Nov. 1, 2024 and annually thereafter, require each public transit provider, at a publicly noticed meeting, to:

▪ certify that its budgeted and general administration costs are not greater than 20 percent above the annual state average of administrative costs for their respective tier;

▪ present a line-item budget report of its budgeted and actual general administrative costs; and

▪ disclose all salaried executive and management level employees’ total compensation package, ridership performance and metrics, and any gift accepted in exchange for contracts; this disclosure must be posted annually on the public transit provider’s website

o require FDOT to determine, by tier, the annual state average of administrative costs by determining the percentage of the total operating budget that is expended on general administration costs in this state annually by March 31 to inform the public transit provider’s budget for the following fiscal year. Upon review and certification by the department, costs budgeted and expended in association with nontransitrelated engineering and construction services may be excluded;

o require that a year-over-year cumulative increase of 5 percent or more of general administration costs must be reviewed before the start of the next fiscal year and must be reviewed and approved by FDOT before approval by the public transportation provider’s governing board.

• grants the Florida Rail Enterprise the power and duty to preserve and acquire future rail corridors and rights of way in accordance with FDOT’s planning of the State Highway System;

• amends s.316.1575 and s.316.1576 regarding requirements for obedience to traffic control devices at railroad-highway grade crossing, insufficient clearance at a railroad-highway grade crossing, and associated fines; and

• amends fines and points for certain traffic violations.

Transportation: CS/CS/CS/HB 287ER (Rep. Esposito) passed on March 5. The effective date identified in the bill is July 1, 2024. As of the date of this report, the bill has not been transmitted to Gov. DeSantis for his action.

The bill addresses matters related to transportation. Specifically, the bill:

• provides that FDOT may not annually commit more than 20 percent of the revenue derived from state fuel taxes and motor vehicle license-related fees deposited into the State Transportation Trust Fund for public transit projects, with the exception of the following public transit projects:

o a project that uses revenues to match funds made available by the federal government;

o a project included in an MPO’s Transportation Improvement Program adopted pursuant to s.339.175(8) and approved by a supermajority vote of the board of county commissioners where the project is located, or a supermajority vote of the governing board of a consolidated county and city government where the project is located; and

o a bus rapid transit or rail project that would result in maintaining or enhancing the level of service of the state highway system along the corridor of the project, provided that state funds do not exceed 50 percent of the non-federal share of the costs and the percent of the local share.

• amends s.288.9606 dealing with issue of revenue bonds, to replace the term “public-private partnership agreement” with “comprehensive agreement”;

• increases from five to eight the number of Department of Highway Safety and Motor Vehicles (DHSMV)approved Basic Driver Improvement course elections that are allowed in a lifetime for a person without a commercial driver license or commercial learner’s permit who is cited for a noncriminal moving violation while driving a noncommercial motor vehicle;

• requires the DHSMV to annually review changes made to major traffic laws of this state and to require course content for certain driving courses to be modified accordingly;

• amends s.334.30 relating to public-private transportation facilities and partnerships by:

o replacing the term “public-private partnership agreement” with the term “comprehensive agreement”;

o requiring a private entity, as part of the private entity proposal, to provide an independent traffic and revenue study prepared by a traffic and revenue expert, rather than an investment grade traffic and revenue study prepared by an internationally recognized traffic and revenue expert. The independent traffic and revenue study must be accepted by national bond rating agencies before closing on financing that supports the comprehensive agreement for the public-private partnership project;

o adding a minimum timeframe of 30 days for FDOT to accept other proposals on a project where FDOT has received an unsolicited proposal and providing FDOT discretion for how many days to accept other proposals based on the complexity of the project;

o authorizing FDOT, before or in connection with the negotiation of a comprehensive agreement, to enter into an interim agreement with the private entity proposing the development or operation of a qualifying project. An interim agreement does not obligate FDOT to enter into a comprehensive agreement. The interim agreement is discretionary with the parties and is not required on a project for which the parties may proceed directly to a comprehensive agreement without the need for an interim agreement. An interim agreement must be limited to any of the following provisions that:

▪ authorize the private entity to commence activities for which it may be compensated related to the proposed qualifying project, including, but not limited to, project planning and development, design, environmental analysis and mitigation, surveying, other activities concerning any part of the proposed qualifying project, and ascertaining the availability of financing for the proposed facility or facilities;

▪ establish the process and timing for the negotiation of the comprehensive agreement; and

▪ contain such other provisions related to an aspect of the development or operation of a qualifying project which FDOT and the private entity deem appropriate.

o providing that a comprehensive agreement with a term of more than 50 and no more than 75 years may only be authorized for projects that are partially or completely funded from project user fees; and

o require FDOT to notify the Division of Bond Finance prior to entering into an interim or comprehensive agreement, in addition to the already required consultation.

• provides that a local government may not adopt standards or specifications that deem reclaimed asphalt material as solid waste;

• adds design-build and phased design-build contracts to the requirements that FDOT receive at least three letters of interest in order to proceed with a request for proposals and that FDOT request proposals from no fewer than three of the firms submitting letters of interest;

• provides in law, rather than as a requirement in an FDOT contract, that a motor vehicle used for the performance of road or bridge construction or maintenance work on an FDOT project must be registered in compliance with Chapter 320;

• allows FDOT, with respect to phased design-build construction contracts under s.337.11(7)(b) to allow the issuance of multiple contract performance and payment bonds is succession to align with each phase of the contract to meet the bonding requirements;

• shortens the deadline for a claimant to institute an action, except an action for recovery of retainage, against the contractor or surety to within 365 days after performance of the labor or completion of delivery of the materials or supplies, rather than within 365 days after the final acceptance of the contract work by FDOT;

• provides that if within 10 years of FDOT’s acquisition of property, that it now determines it does not need, the previous owner notifies the department that he is interested in reacquiring the property, the right to receive the right of first refusal vests with the previous owner. The department must acknowledge receipt of this notice within 60 days of receiving it;

• amends interlocal agreement requirements and the reimbursement amount that a local government entity can be reimbursed for the direct actual costs of operating the fire station at Mile Marker 63 on Alligator Alley;

• codifies the Local Agency Program (LAP) within FDOT; and

• amends provisions relating to the limitation on liability of FDOT and its contractors.

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