Legislative Reporter | Nov. 9, 2023

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Nov. 9, 2023 | Legislative Reporter The 2024 Legislative Session convenes on Jan. 9, 2024, and is scheduled to end on March 8, 2024. A special session, discussed below, was called for Nov. 6 - 9, during which the legislature addressed several issues including expanding and funding recovery and resiliency efforts related to natural disasters, support for Israel, and sanctions against Iran.

There are three weeks of interim committee meetings remaining: Nov. 13 - 17, Dec. 4 – 7, and Dec. 11 - 15.

The latest Bill Tracking Report for the regular session, as of Nov. 9, can be viewed here. Please review it to see the bills filed that APA Florida is tracking. Note that if you click on the bill number, you will be linked to more information about the bill. If you would like any bills added to this report or would like more information about a specific bill, please contact Stefanie Svisco at ssvisco@floridaplanning.org.

As a note of interest, the Senate Committee on Community Affairs met on Nov. 7 and listened to a presentation by the Florida Housing Finance Corporation on the implementation of the Live Local Act (SB 102) adopted last session. You can watch the video of this meeting here.

Since the last update regarding the regular session, the following bills of interest have been filed: SB 276 (Sen. Wright) requires that each executive agency that has an adjunct advisory body must annually upload a report by Aug. 15 to the website maintained by its executive office; identifies what the report must contain; specifies that a law creating, or authorizing the creation of, an advisory body must provide for the repeal of the advisory body on Oct. 2 of the third year after enactment unless the law is reviewed and saved from repeal through reenactment by the legislature.

HB 329 (Rep. Edmonds) creates in the Department of Commerce a Homeowners’ Assistance Fund to mitigate financial hardships by providing such funds as are appropriated by the legislature to eligible entities to prevent homeowner mortgage delinquencies, defaults, foreclosures, loss of utilities or home energy services, and displacements of homeowners experiencing financial hardship after July 1, 2024, through qualified expenses related to mortgages and housing.

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HB 335 (Rep. Roth) proposes an amendment to the state constitution to increase the percentage of elector votes required to approve an amendment to or revision of the Florida Constitution from 60 percent to 66.67 percent.

(Note Rep. Roth has filed a similar bill each year since 2021. Last year the bill was passed by the House but died in the Senate.)

HB 339 (Rep. Roth) prohibits local governments from adopting ordinances, regulations, rules, or policies that: 1) require certificates of use for any agricultural use land, agricultural-related facility, or agritourism venue unless specifically provided by general law; or 2) limits any state-regulated activity associated with agritourism, including a farm stand, farmers market, brewery, winery, distillery, food processing and preparation activity, food truck, or mobile food service operation associated with agritourism agricultural products; states that any ordinance, rule, or other measure adopted or enforced by a local government that requires a certificate of use for any agricultural use land, agricultural-related facility, or agritourism venue shall terminate and expire within one year after the effective date of this act and may not be extended or renewed except by the adoption or maintenance in effect of a new ordinance, rule, or other measure that meets all the requirements of the bill.

SB 370 (Sen. Wright) urges Congress to add spaceports as a qualified tax-exempt category of private activity bonds. (Note this bill is identical to HB 143 previously filed by Rep. Sirois.)

SB 386 (Sen. Osgood) requires counties and municipalities to reduce parking requirements for a proposed development if at least 75 percent of the residential units in the proposed development are, for a period of at least 30 years, affordable as defined in s.420.0004; the development is located within one-half mile of a major transportation hub; and the major transportation hub is accessible from the development. Defines the term “major transportation hub” as any bus, train, or light rail station that contains mixed-use development and multimodal transportation fully integrated within such station.

Special Session 2023 C

This week, a special session was held, during which the legislature addressed several issues including expanding and funding recovery and resiliency efforts related to natural disasters, the Family Empowerment Scholarship Program, support for Israel, and sanctions against Iran. Twenty-one bills were filed for consideration in this special session and four bills were passed. See the special session bill tracking report here.

Of particular interest is HB 1CER (Rep. Shoaf) which deals with disaster relief. This bill was passed by the legislature and ordered enrolled on Nov. 8. It takes effect upon becoming law.

The bill contains a provision that amends local building restrictions adopted last session. Following the 2022 hurricane season, the legislature passed a hurricane resiliency bill (SB 250) that, in part, provided that a local government, located within 100 miles of where Hurricane Ian or Hurricane Nicole made landfall, shall not adopt more restrictive or burdensome procedures to its comprehensive plan or land development regulations concerning the review, approval or issuance of a site plan, development permit, or development order, or propose any such adoption of amendment before Oct. 1, 2024.

HB 1CER also extends the prohibition on building restrictions to Oct. 1, 2026. The 100-mile radius restriction is removed and the bills subject the following counties and municipalities located therein to the prohibition of the adoption of more restrictive or burdensome procedures to comprehensive plan or land development regulations: Charlotte, Collier, Desoto, Glades, Hardee, Hendry, Highlands, Lee, Manatee, and Sarasota. Additionally, the reference to Hurricane Nichole is deleted.

The bill also would do the following: • provide that certain agricultural equipment that was unable to be used for 60 days due to Hurricane Idalia would be assessed at salvage value on the 2024 property tax roll.

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grant refunds of sales tax paid on fencing materials used to repair or replace farm fences on lands classified as agriculture and were damaged due to Hurricane Idalia. grant refunds of sales tax paid on building materials used to repair or replace nonresidential farm buildings damaged as a result of Hurricane Idalia. grant refunds of motor fuel taxes used for agricultural shipments and debris removal after Hurricane Idalia. fund applications current as of Oct. 15 for the My Safe Florida Home program and direct the Department of Financial Services to stop taking applications when available funding is exhausted. authorize the Division of Emergency Management (DEM) to enter into agreements with eligible local governments impacted by Hurricane Idalia to provide funds for the non-federal share of the FEMA reimbursement program. authorize the Department of Commerce to extend loans made under the Local Government Emergency Revolving Bridge Loan program from 24 months to 5 years. direct the Florida Housing Finance Corporation to use appropriated funds for the Hurricane Housing Recovery Program within eligible counties impacted by Hurricane Idalia and provide the activities for which funds may be used direct the DEM to provide grants and loans for hurricane repair and recovery projects within certain counties designated under the FEMA disaster declaration for Hurricane Idalia. direct the FDOT to fund transportation projects under the Small County Outreach Program within counties designated for individual assistance and public assistance under the FEMA disaster declaration for Hurricane Idalia. direct the DEM to provide planning and design grants to fiscally constrained counties designated in the FEMA disaster declaration for Hurricane Idalia for new facilities for emergency operations. authorize the Department of Commerce to award grants to fiscally constrained counties impacted by Hurricane Idalia under the Rural Infrastructure Fund. create the Agriculture and Aquaculture Producers Natural Disaster Recovery Loan Program within the Department of Agriculture and Consumer Services (DACS) to provide low-interest or interest-free loans to agricultural producers that have experienced damage or destruction from a declared natural disaster. authorize the DACS to award cost-sharing grants to assist timber landowners with site preparation and tree replanting in specified counties impacted by Hurricane Idalia.

For the 2023-24 fiscal year, the bill appropriates: • $176,170,000 in nonrecurring funds from the General Revenue Fund to the DFS to provide mitigation grants under the My Florida Safe Home Program for applications submitted on or before Oct. 15, 2023, and $5,280,100 in nonrecurring funds from the General Revenue fund for administrative costs for implementation of the mitigation grants.

• $30 million in nonrecurring funds from the General Revenue Fund to the DEM to provide the required matching funds for FEMA Public Assistance grants related to Hurricane Idalia.

• $25 million in nonrecurring funds from the Local Government Housing Trust Fund to the Florida Housing Finance Corporation for hurricane recovery purposes related to Hurricane Idalia.

• $50 million in nonrecurring funds from the General Revenue Fund to the DEM to provide grants or loans for hurricane repair and recovery projects related to Hurricane Idalia.

• $10 million in nonrecurring funds from the State Transportation Trust Fund to the Department of Transportation for transportation projects under the Small County Outreach Program for projects related to Hurricane Idalia.

• $3 million in nonrecurring funds from the General Revenue Fund to the DEM to provide planning and design grants for new emergency operations facilities in specified fiscally constrained counties impacted

by Hurricane Idalia.

• $5 million in nonrecurring funds from the General Revenue Fund to the Department of Commerce for the Rural Infrastructure Fund for projects in fiscally constrained counties impacted by Hurricane Idalia.

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$75 million in nonrecurring funds from the General Inspection Trust Fund within the DACS as fixed capital outlay for the Agriculture and Aquaculture Producers Natural Disaster Recovery Loan Program after the sum is transferred from the General Revenue Fund into the General Inspection Trust Fund. $37.5 million in nonrecurring funds from the General Revenue Fund to the DACS as fixed capital outlay to administer a cost-sharing grant program to assist timber landowners in specified eligible counties impacted by Hurricane Idalia.

Legislative News

Florida Senate approves $176 million in house-hardening funding Caden DeLisa | The Capitolist | Nov. 8 Florida lawmakers wrap up special session Jason Delgado | Spectrum News | Nov. 9 Florida Legislature passes bills sanctioning Iran, increasing security at Jewish schools Jim Saunders | The News Service of Florida | Nov. 9

Nov. 9, 2023 | Legislative Reporter

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