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Dec. 15, 2023 | Legislative Reporter This past week marked the last week of interim committee meetings before the 2024 Legislative Session convenes on Jan. 9, 2024. The latest Bill Tracking Report for the regular session, as of Dec. 15, can be viewed here. Please review it to see the bills filed that APA Florida is tracking. 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. For brevity, bills impacting the Florida Statutes will look like s.XXX.XXX(x). We will note the chapter when needed. Since the last update, the following bills of interest have been filed: HB 805 (Rep. Borrero) proposes a state constitutional amendment to prohibit the use of traffic infraction devices within Florida. SB 836 (Sen. Simon) amends s.373.414 related to mitigation areas and assessments, to specify conditions under which the degree of risk may not be considered when a uniform mitigation assessment method is being applied and to provide that certain encumbrances of real property may not be required for mitigation areas that meet specified criteria. SB 854 (Sen. Martin) prohibits a commercial airport authority created by a special act of the legislature at the request or with the consent of the local government according to s.189.02 from allowing an aircraft to land at the authority’s airport unless the aircraft meets specified criteria, and also authorizes an airport authority to treat certain aircraft differently concerning landing frequency and timelines, landing fees, and hangar and storage facility fees. SB 870 (Sen. Boyd) proposes several amendments to s.255.065 related to unsolicited proposals for public-private partnerships. It would allow the responsible public entity to proceed with an unsolicited proposal for a qualifying project without engaging in a public bidding process if the responsible public entity holds a duly noticed public meeting at which the proposal is presented, affected public entities and members of the public are able to provide comment, and the responsible public entity determines that the proposal is in the public’s interest. (Note this bill is identical to HB 781 filed earlier by Rep. Clemons, Sr.) Dec. 8, 2023 | Legislative Reporter
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SB 894 (Sen. Bradley) authorizes governing bodies of municipalities to convene meetings and conduct official business via teleconferencing or other technological means up to twice per calendar year as long as such meetings meet all of the requirements for public notice, public access, and public participation. Meetings that include formal action on ordinances or are quasi-judicial hearings may not be conducted in this manner. (Note this bill is identical to HB 157 filed earlier by Rep. Caruso.) **Please note that not all bills are covered in all legislative reports. If a bill was covered in a previous reporter and no action has taken place since that reporter, the bill will not be discussed until further action has occurred. The following bills of interest had action this past week. (Note these summaries are based on a review of the bill language and legislative staff analysis. You are encouraged to read the actual bill language of bills that interest you.) GROWTH MANAGEMENT Residential Building Permits: CS/HB 267 (Rep. Esposito) was reported favorably by the House Regulatory Reform & Economic Development Subcommittee, reflecting a committee substitute, on Dec. 13 and moves to the House Local Administration, Federal Affairs & Special Districts Subcommittee, its second of three committees of reference. The bill creates s.177.073 dealing with the expedited approval of residential building permits before a final plat is approved, which does the following: • provides definitions for the following terms: applicant, final plat, local building official, plans, and preliminary plat; • requires the governing body of a county that has 75,000 residents or more and the governing body of a municipality that has 30,000 residents or more to create a program, by Aug. 15, 2024, 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. Such expedited process must include an application for 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, not to exceed 50 percent of 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; • provides that if a governing body had a program in place before July 1, 2023, to expedite the building permit process, such governing body only has to 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 to comply with this requirement; • require the governing body of a county that has 75,000 residents or more and the governing body of a municipality that has 30,000 residents or more to update its expedited process, by Dec. 31, 2027, to contain an application that allows an applicant to request an increased percentage of up to 75 percent of building permits for planned homes that the local governing body must issue for the residential subdivision or planned community. However, such a local government may issue building permits that exceed 75 percent of the residential subdivision or planned community. • requires a governing body to create: o a two-step application process for the adoption of a preliminary plat and for a final plat in order to expedite the issuance of building permits related to such plats. The application must allow an applicant to identify the percentage of planned homes or the number of building permits, that the governing body must issue for the residential subdivision or planned community indicated in the preliminary plat. o a master building permit process for applicants seeking multiple building permits for residential subdivisions or planned communities; • requires the governing body to issue the number or percentage of building permits requested by an applicant in accordance with the Florida Building Code and the bill requirements, provided the residential buildings or structures are unoccupied and specified conditions are met; Dec. 8, 2023 | Legislative Reporter
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allows an applicant to contract to sell, but not transfer ownership of, a residential structure or building located in the preliminary plat before the final plat is approved; prohibits an applicant from obtaining a final certificate of occupancy until the final plat is approved and recorded in the public records; and provides that an applicant has a vested right in a preliminary plat that has been approved with conditions by a governing entity if: 1) the applicant relies in good faith on the approved preliminary plat and any amendments thereto and 2) the applicant commences and is continuing in good faith with development; prohibits the governing entity from making substantive changes to such a preliminary plat without the applicant’s written consent.
The bill deletes ss.553.79(16)(a) through (e). The bill amends ss.553.792(1) and (2) to: • require a local government to approve, approve with conditions, or deny a complete and sufficient building permit application within the following timeframes unless the applicant waives the limitation in writing: o 30 business days for applicants using local government review services, previously set at 120 days; o 15 business days for applicants using private provider services, previously set at 120 days; o 10 business days for applicants. for a master plan permit, previously set at 120 days; and o 10 business days for an applicant for a single-family residential dwelling applied for by a contractor licensed in Florida on behalf of a property owner who participates in a Community Block GrantDisaster Recovery program. • require that a building permit application is deemed approved if the local government does not approve, approve with conditions, or deny the completed and sufficient application within the required timeframes. A local government must meet the timeframes set forth in this section for reviewing building permit applications unless timeframes set by local ordinance or more stringent; • require a local government to determine if a building permit application is complete within 5 business days of receiving the application, previously set at 10 days, and to determine if a building permit application is sufficient within 10 business days of receiving a completed application, previously set at 45 days; • provide that a local government can request additional information from an applicant two times, unless the applicant agrees otherwise, previously set at three times, and must provide an opportunity for a virtual meeting, instead of just an in-person meeting, before a second request for additional information may be made. A second request must be made within 10 business days of receiving the initial additional information and sufficiency must be determined within 10 business days of receiving the additional information. The application is deemed sufficient if the local government does not provide timely written notice that the applicant must provide additional information; • provide that the local government must process the permit application within 10 business days, at the applicant’s written request, when the applicant believes the additional information request is not authorized by ordinance, rule, statute, or other legal authority; and • add residential units including a single-family residential unit or a single-family residential dwelling to the existing list of building permit applications identified in s.553.792(2) that the procedures above would apply to. The bill also amends s.553.80(7) to allow building permit fees, fines, and investments to be used for upgrading technology hardware and software used in the enforcement of the Florida Building Code. A similar bill, SB 684 (Sen. DiCeglie) is in the Senate Community Affairs Committee, its first of three committees of reference. Note that this bill only requires governing bodies that have 30,000 residents or more to create a program to expedite the process of issuing building permits for residential subdivisions. Vacation Rentals: SB 280 (Sen. DiCeglie) proposes a number of provisions related to vacation rentals. It was reported favorably by the Senate Regulated Industries Committee on Dec. 13 and moves to the Senate Fiscal Policy Committee, its second and final committee of reference. Dec. 8, 2023 | Legislative Reporter
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Specifically, the bill would do the following: • amend 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; • amend s.509.032(7) to preempt the licensing of vacation rentals to the state; • allow a “grandfathered” local law, ordinance, or regulation adopted on or before June 1, 2011, to be amended to be less restrictive or to comply with local registration requirements; • permit a local government that had a “grandfathered” regulation in effect on June 1, 2011, to pass a new, less restrictive ordinance that would be “grandfathered” as well; • create s.509.013(17) to define the term “advertising platform”; • amend s.212.03(3) to require advertising platforms to collect and report taxes imposed under Chapter 212; • creates s.509.234(4) to require advertising platforms to collect and remit taxes resulting from the reservation of a vacation rental property and payment therefor through an advertising platform; • provide that a local government is not prohibited from adopting a law, ordinance, or regulation if it is uniformly applied without regard to whether the residential property is used as a vacation rental; • create s.509.032(8) to permit local governments to require vacation rentals to register under a local registration program: o a local registration fee may not exceed $150 per unit for processing a registration application an annual renewal fee may not be more than $50; 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 the information required to be provided by the 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 specifying deficient areas within 15 days of receipt of an application; o if a local government denies an application, the written notice of denial may be sent by United States mail or electronically and must state with particularity the factual reasons for the denial and the applicable portions of an ordinance, rule, statute, or other legal authority for the denial; o a local government cannot deny a registration application if the applicant cures the identified deficiency; o if a local government fails to accept or deny the registrations within the provided timeframes, the application is deemed accepted; o allows a local government may fine a vacation rental operator up to $300 for failing to continue to meet the registration requirement or operating a vacation rental without registering with the local government and also permits the local governments to file a lien on the real property on which the violation occurred; o authorizes a local government to suspend a registration for material violations of an ordinance that does not apply solely to vacation rentals, and the violations occur on and are related to the vacation rental property; provides that the finding of a material violation must be made by the code enforcement board or a special magistrate; o allows a local government may revoke or refuse to renew a vacation rental registration if: the owner’s registration has been suspended three times; there is an unsatisfied recorded municipal lien or county lien on the real property of the vacation rental, provided local governments give a vacation rental owner at least 60 days to satisfy a recorded municipal or county code lien before terminating a local registration because of the unsatisfied lien; or the premises and its owner are the subject of a final order or judgment lawfully directing the termination of the premises’ use as a vacation rental; and o allows a vacation rental owner to appeal a denial, suspension, termination, or nonrenewal of a vacation rental registration to the circuit court within 30 days after the issuance of the denial,
Dec. 8, 2023 | Legislative Reporter
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suspension, or termination, and provides that the court may assess and award reasonable attorney fees and costs and damages to a vacation rental owner. exempt local laws, ordinances, and regulations that are “grandfathered” under s.509.032(7)(b) from the local registration requirements in s.509.032(8); effective Jan. 1, 2025, amend ss.509.241(2) and (3) relating to the license application process for vacation rentals within the Division of Hotels and Restaurants in the Department of Business and Professional Regulation; amend s.509.261 to authorize the Division of Hotels and Restaurants to revoke, refuse to issue or renew, or suspend for 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 under Chapters 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. create s.509.244 to require the Division of Hotels and Restaurants to create and maintain, by July 1, 2025, a vacation rental information system readily accessible through an application program interface; provide that the application of vacation rental provisions created by the bill do not supersede any current or future declaration or declaration of condominium adopted under Chapter 718 cooperative documents adopted pursuant to Chapter 719 or declaration of covenants or declaration for a homeowners’ association adopted according to Chapter 720.
Review of Advisory Bodies: SB 276 (Sen. Avila) would amend s.20.052 to require each executive agency with an adjunct advisory body to annually upload a report by Aug. 15 to the Florida Fiscal Portal. The report must include the following information: • the statutory authority pursuant to which each advisory body is created; • a brief description of the purpose or objective of each advisory body; • a list indicating the membership of the advisory body, the appointing authority for each member position, whether the member positions are filled or vacant, the term of each member position, and if vacant, when the vacancy occurred; • a list of the meeting dates and times of each advisory body for the preceding three fiscal years • a brief summary of the work plan for each advisory body for the current fiscal year and the next two fiscal years; • the amount of appropriated funds and staff time used in each fiscal year to support each advisory body; and • a recommendation by the agency, with supporting rationale, to continue, terminate, or modify each advisory body. These new reporting requirements apply to councils, advisory councils, committees, and task forces as defined in s.20.052. The bill also requires any law creating or authorizing the creation of an advisory body to include the repeal of the advisory body on Oct. 2 of the third year after enactment. The legislature may save the advisory body from repeal by reenactment of its authority before the third year repeal. SB 276 was reported favorably by the Senate Rules Committee, its sole committee of reference, on Dec. 13 and has been placed on the House Calendar on Second Reading. Currently there is no House companion bill. Special Districts: HB 7013 (House Local Administration, Federal Affairs, and Special Districts Subcommittee) was reported favorably by that committee and filed on Dec. 13. The bill revises provisions relating to special districts by: • creating a 12-year term limit for elected members of governing bodies of most types of independent special districts; • requiring a continuation referendum for most independent special districts exercising ad valorem tax authority on a date certain and every 10 years thereafter; • providing dissolution process for special districts that voters elect to not continue; • adding additional criteria for declaring a special district inactive; Dec. 8, 2023 | Legislative Reporter
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revising notice and procedures for proposed declaration of inactive status; authorizing districts that have been declared inactive to expend funds as necessary to service outstanding debt; requiring all special districts to adopt goals and objectives, as well as performance measures and standards to determine if those goals and objectives are being achieved; repealing a provision that allows a special district to convert itself into a municipality without legislative approval; requiring each petition to create a community development district to contain a sworn affidavit concerning planned development; requiring independent special fire control districts to report certain information to the Division of the State Fire Marshal; requiring mosquito control districts to meet certain conditions required to participate in state program; prohibiting the creation of new Neighborhood Improvement Districts effective July 1, 2024, and provides that neighborhood improvement districts created before this date may continue to operate as provided by current law; and directing OPPAGA to conduct a performance review of Neighborhood Improvement Districts to be completed by Sept. 30, 2025.
LEGISLATIVE NEWS Florida plans to cut red tape for schools. But will lawmakers add some too? As the Legislature looks to deregulate public education, more rules are proposed. Jeffrey S. Solochek | Tampa Bay Times | Dec. 9 Orlando to Tampa rail proposal chugs along CBS News Miami | Dec. 11 Nick DiCeglie: Getting it right — vacation rentals and private property rights Nick DiCeglie | Florida Politics | Dec. 8 Click on image to view agenda and register.
Dec. 8, 2023 | Legislative Reporter
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