Feb. 10, 2023 | Legislative Reporter
The fifth week of committee meetings has ended, and bills continue to be filed. The regular session is scheduled to begin on March 7. A special session convened on Feb. 6 and is scheduled to run through Feb. 17 to cover issues related to Emergency Management, Illegal Immigration, and Intercollegiate Athletics, as well as Local Bills related to Reedy Creek Improvement District, Sunshine Water Control District, and Eastpoint Water and Sewer District.
The Bill Tracking Report, as of Feb. 10, can be viewed here. Please review it to see the bills filed that APA Florida is tracking. Note that these tracking reports contain a new feature; if you click on the bill number, you are 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
Since the last update, the following bills of interest have been filed that would do the following:
• Authorizes the Department of Environmental Protection to provide wastewater grants for projects that are directed at or focused on a water body included on the verified list of impaired waters developed by the department pursuant to s.403.067 (4), F.S. (SB 458, Sen. Rodriguez)
• Amends s.403.7032, F.S., to require the Department of Environmental Protection to develop a comprehensive waste reduction and recycling plan for Florida by July 1, 2024, based on recommendations from the department’s Florida and the 2020 75% Recycling Goal Final Report. (SB 506, Sen. Stewart)
• Proposes several changes to the Florida building code, including amending s.553.79, F.S., to provide that after a local enforcing agency issues a permit, it may not make or require any substantive changes to the plans or specifications except changes required for compliance with the Florida Building Code, Florida Fire Prevention Code, Florida Safety Code, or local amendments thereto. (SB 512, Sen. Hooper)
• Authorizes governmental entities to create workforce housing by creating homeowner associations and allowing governmental entities the option to enter into contracts with infrastructure service companies to construct the basic site infrastructure for a workforce housing community (HB 665, Rep. Roth)
The following bills of interest have had action since the last Legislative Update. (Note that 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.)
Florida Shared-Use Nonmotorized Trail Network. SB 106 (Sen. Brodeur) was reported favorably by the Senate Transportation Committee on Feb. 7 and is now its second and last committee of reference for review, Senate Appropriations Committee. The bill expands the existing Shared-Use Nonmotorized (SUN) Trail Network and enhances the coordination of the state’s trail system with the Florida Wildlife Corridor.
Specifically, the bill:
• Prioritizes the development of “regionally significant trails” that are defined as trails crossing multiple counties; serving economic and ecotourism development; showcasing the state’s wildlife areas, ecology, and natural resources; and serving as main corridors for trail connectedness across the state;
• Enhances the planning, coordination, and marketing of the state’s bicycle and pedestrian trail system and the Wildlife Corridor;
• Stipulates that trails developed within the Wildlife Corridor maximize the use of previously disturbed lands, such as abandoned roads and railroads, canal corridors, and drainage berms, and be compatible with applicable land use provisions;
• Requires the Florida Department of Transportation (FDOT) to erect uniform signage identifying trails that are part of the SUN Trail Network and to submit a periodic report on the status of the SUN Trail Network;
• Authorizes the FDOT and local governments to enter into sponsorship agreements for trails and to use associated revenues for maintenance, signage, and related amenities;
• Recognizes “trail town” communities and directs specified entities to promote the use of trails as economic assets, including the promotion of trail-based tourism; and
• Increases recurring funding for the SUN Trail Network from $25 million to $50 million and provides a nonrecurring appropriation of $200 million to plan, design, and construct the SUN Trail Network.
Note that a House companion bill has not yet been filed
Tampa Bay Area Regional Transit Authority. CS/HB 155 (Rep. Holcomb) a proposed committee substitute, was reported favorably by the House Transportation & Modals Subcommittee on Feb. 8 and is now in its second of three committees of reference, House Infrastructure & Tourism Appropriations Subcommittee.
The Tampa Bay Area Regional Transit Authority (TBARTA), established in 2007, covers Hernando, Hillsborough, Manatee, Pasco, and Pinellas Counties. TBARTA currently offers a vanpool service, known as Commute Tampa Bay. It has also conducted various transit planning studies for the Tampa Bay area, including its Envision 2030 plan. On Jan. 20, 2023, TBARTA’s board adopted a plan to wind down and close its operations.
The bill repeals Ch. 343, Part III, F.S., relating to TBARTA. The bill dissolves TBARTA effective June 30, 2024, and requires TBARTA to provide for the discharge of any liabilities, settle and close its affairs, transfer any pending activities such as its vanpool program, close and appropriately dispense any applicable federal or state funds, provide for the distribution of any remaining assets, notify the Department of Economic Opportunity and each entity represented on TBARTA’s board that it is dissolved, and forward its records to the Department of State.
A similar bill, CS/ SB 198 (Sen. DiCeglie) was reported favorably by the Senate Transportation Committee on Feb. 7 and now moves to its second of three committees of reference, the Senate Appropriations Committee on Transportation, Tourism, and Economic Development.
Local Ordinances. CS/SB 170 (Sen. Trumbull) as amended by the Senate Community Affairs Committee, was reported favorably on Feb. 8, and is now in its second and final committee of reference, the Senate Rules Committee.
The committee made a technical change to correct two references to municipal government. This bill adds to the process for local governments passing ordinances and gives certain additional rights to those challenging local ordinances. The bill amends ss.125.66 and 166.041, F.S., to require counties and cities to produce a “business impact estimate” prior to passing an ordinance, with exceptions, including an exception growth policy, county and municipal planning, and land development regulations under Part II of Ch. 163, F.S. The estimate must be published on the local government’s website and include certain information, such as the proposed ordinance’s purpose, estimated economic impact on businesses, and compliance costs.
Additionally, the bill creates ss.125.675 and 166.0411, F.S., to impose certain conditions on lawsuits brought by any party to challenge the legal validity of local ordinances as preempted by the state Constitution or by state law, arbitrary, or unreasonable. In these cases, the bill:
• Requires the local government to suspend enforcement of an ordinance of such legal challenge, under certain circumstances; and
• Requires the court to give those cases in which enforcement of the ordinance is suspended priority over other pending cases and render a preliminary or final decision as expeditiously as possible.
The bill also amends s.57.112, F.S., which provides that a court may award up to $50,000 in attorney fees to a prevailing plaintiff who successfully challenges an ordinance as arbitrary or unreasonable. This would apply prospectively to ordinances adopted on or after Oct. 1, 2023.
Housing. SB 102 (Sen. Calatayud), cited as the Live Local Act, was reported favorably by the Senate Community Affairs Committee on Feb. 8 and now moves to its second and last committee of reference, the Senate Appropriations Committee.
This bill makes various changes and additions to affordable housing-related programs and policies at both the state and local levels. Much of the bill involves the Florida Housing Finance Corporation (FHFC), a public-private entity that administers the two largest statewide affordable housing programs: the State Apartment Incentive Loan (SAIL) program and the State Housing Initiatives Partnership (SHIP) program.
However, the bill makes several changes that impact local government. The bill would amend s.125.01055, F.S., to preempt counties on zoning, density, and height for certain multi-family rental developments in commercial and mixed-use areas. Specifically, a county must authorize multi-family and mixed-use residential as allowable uses in any area zoned for commercial or mixed-use if at least 40 percent of the units will be affordable for at least 30 years and serve incomes up to 120 percent AMI. A county may not require a zoning, land use change, or a comprehensive plan amendment for such development. A county may not restrict the density of such development below the highest allowed density on any unincorporated land in the county where residential development is allowed.
Additionally, a county may not restrict the height of such development below the highest allowed height for commercial or residential development in its jurisdiction within one mile of the proposed development or three stories, whichever is higher. An application for such development must be administratively approved and may not require further action from the board of county commissioners if the development satisfies the county’s land development regulations for multifamily in areas zoned for such use. A county must consider reducing parking requirements for these developments if they are located within one-half mile of a major transit stop. These provisions expire on Oct 1, 2033
This bill would amend s.125.01055(6), F.S., and 166.04151, F.S., to remove counties’ and municipalities’ ability to approve affordable housing on residential parcels by bypassing state and local laws that may otherwise preclude such development. The bill also removes the SAIL restriction to allow SAIL developments to utilize this expedited approval process on commercial and industrial parcels.
It also amends ss.125.379 and 166.0451, F.S., respectively, to provide that counties and cities must produce their real property inventory lists referenced above by Oct. 1, 2023, and every three years thereafter, and make such list available on the county or city website. Counties and cities must also include real property owned by dependent special districts within their boundaries.
Additionally, it adds that acceptable uses of property identified as appropriate for affordable housing include utilization through a long-term land lease requiring the development and maintenance of affordable housing.
The bill includes certain best practices counties and cities are encouraged to adopt in creating surplus land programs, including:
• Establishing eligibility criteria for the receipt or purchase of surplus land by developers;
• Making the process for requesting surplus lands publicly available; and
• Ensuring long-term affordability through ground leases by retaining the right of first refusal to purchase property that would otherwise be sold or offered at market rate.
The bill amends s 420.531, F.S., to expressly authorize FHFC to contract with the Florida Housing Coalition, Florida’s provider for statewide training and technical assistance funded by the Catalyst Program to provide assistance to local governments related to surplus lands programs and executing contracts related to bidding for affordable housing projects and land-lease developments.
The bill amends s.553.792, F.S., to require that a local government maintain on its website a policy containing procedures and expectations for expedited processing of those building permits and development orders required by law to be expedited. The bill also amends ss.125.0103 and 166.0451, F.S., respectively, to preempt local governments from enacting ordinances controlling the rent price under any circumstances.
The bill provides three new property tax exemptions for non-profit land leases, newly constructed units providing affordable housing, and a local option affordable housing exemption.
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