Legislative Reporter | Feb. 16

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Feb. 16, 2024 | Legislative Reporter There are three weeks remaining in the legislative session, with March 8 scheduled as the last day.

The latest Bill Tracking Report as of the morning of Feb. 16 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.

The following bills of particular interest had action this past week.

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 MANAGEMENT Building Regulations: CS/CS/CS/HB 267 (Rep. Esposito) was reported favorably, reflecting amendments, by the House Commerce Committee, its final committee of reference, on Feb. 15.

The amended bill now does the following: • amends s.399.035 regarding elevator car support rails and s.468.069 regarding eligibility to take the building inspector or plans examiner certification exam (this was added in committee); • 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 (the reference to the dwelling types the exception applies to and an additional condition was added in committee); • amend s.553.791 dealing with alternative plans review and inspections to require: o 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, within10 business days of receipt;

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o the local business official must provide with specificity the plan’s deficiencies, reasons the permit failed and applicable codes being violated in the notice; and o if the specific notice is not provided within the 10-day period, the permit application is deemed approved must be issued by the building official on the next business day.

(All three provisions were added in committee) amends s.553.79(16) to delete requirement that single-family residential dwelling permits to issued within 30 days unless the application does not conform to the Building Code or local laws or ordinances; adds 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; 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; o 15 business days for applicants using private provider services; o 10 business days for applicants for a master plan permit; 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 Grant-Disaster Recovery program, unless the application fails to satisfy the Building Code or enforcing agencies laws or ordinances; and o 60 business days for applicants for multifamily units. require that 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 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 five 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; provides an exception to the existing fee reduction provision when a delay is caused by the applicant or by a force majeure or other extraordinary circumstance; and provide that the local government must process the permit application with 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.

The bill creates s.553.9065 dealing with thermal efficiency standards for unvented attic and unvented enclosed rafter assemblies. (This provision was added in committee.)

It 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 enforcement of the Florida Building Code.

CS/SB 684 (Sen. DiCeglie), which also deals with residential building permits, is in the Senate Fiscal Policy Committee, its second of three committees of reference.

Citizen Voluntary Advisory Committees: CS/CS/SB 224 (Sen. Wright) was unanimously passed by the Senate on Feb. 14 and is in Messages to the House.

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The bill amends s.286.011 to authorize citizen 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 would be allowed 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.

A similar bill, CS/HB 413 (Rep. Altman) was reported favorably by the House State Affairs Committee, its final committee of reference, on Feb. 14 and placed on the House Calendar on Second Reading.

Development Permits and Orders: CS/HB 791 (Rep. Esposito) was reported favorably by the House State Affairs Committee, its final committee of reference, on Feb. 14 and placed on the House Calendar on Second Reading.

The bill amends ss.125.022 and 166.033 to make changes to the process of issuing development permits and orders to applicants for counties and municipalities, respectively. It requires municipalities and counties to specify in writing the minimum information that must be submitted in an application for a zoning approval, rezoning approval, subdivision approval, certification, special exception, or variance. A municipality or county must make the minimum information available for inspection and copying at the location where the local government receives applications for development permits and orders, and provide the information to the applicant at a pre-application meeting or post it on the local government’s website.

Within five business days after receiving an application for approval of a development permit or development order, the county or municipality must confirm receipt of the application. Within 30 days after receiving an application for approval of a development permit or development order, a county or municipality must review the application for completeness and issue a written notice to the applicant indicating that all required information is submitted or specify any areas that are deficient.

The bill provides that, for applications that do not require final action through a quasi-judicial hearing or a public hearing, the local government must take action on an application for a development permit or development order within 120 days after the application is considered complete.

The bill requires any extensions in time agreed upon by an applicant and a county or municipality to be in writing.

It specifies that all timeframes related to issuing development permits and orders restart if an applicant makes a “substantive change” to the application, defined in the bill as “an applicant initiated change of 15 percent or more in the proposed density, intensity, or square footage of a parcel.”

The bill also provides that a municipality or county must issue a refund to an applicant equal to: • 10 percent of the application fee if the county or municipality fails to issue written notification of completeness or written specification of areas of deficiency within 30 days after receiving the application; • 10 percent of the application fee if the county or municipality fails to issue written notification of completeness or written specification of areas of deficiency within 30 days after receiving the additional information upon an initial request; • 20 percent of the application fee if the county or municipality fails to issue written notification of completeness or written specification of areas of deficiency within 10 days after receiving the additional information upon a second request; Feb. 16, 2024 | Legislative Reporter

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50 percent of the application fee if the county or municipality fails to approve, approve with conditions, or deny the application within 30 days after conclusion of the 120-day or 180-day application completion timeline; and 100 hundred percent of the application fee if the county or municipality fails to approve, approve with conditions, or deny an application 31 days or more after conclusion of the 120- or 180-day application completion timeline.

Refunds are not required to be issued if the applicant and the local government agree to an extension of time, the delay is caused by the applicant or a third party, or the delay is attributable to a force majeure or other extraordinary circumstance.

A similar bill, SB 1150 (Sen. Perry) is in the Senate Judiciary Committee, its second of three committees of reference.

Expedited Approval of Residential Building Permits: CS/CS/CS/SB 812 (Sen. Ingoglia) was reported favorably, reflecting amendments, by the Senates Rules Committee its final committee of reference, on Feb. 15.

The amended bill creates s.177.073 relating to the expedited approval of residential building permits before a final plat is recorded.

By Oct. 1, 2024, 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 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 shall 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. (The Senate Rules Committee amended the application of this provision to municipalities from municipalities with 30,000 residents or more to those with 25 acres or more as described above.)

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. 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 such a governing body 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. However, such a local government may issue building permits that exceed 75 percent of the residential subdivision or planned community.

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.

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 indicated in the preliminary plat; • 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.

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In accordance with the timelines above, 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; • the applicant provides proof to the governing body that the applicant has provided a copy of the approved preliminary plat, along with the approved plans, to the relevant electric, gas, water, and wastewater utilities; and • the applicant holds a valid performance bond for up to 130 percent of the necessary improvements that have not been completed upon submission of the application under this section. For purposes of a master planned community, a valid performance bond is required on a phase-by-phase basis.

The bill allows an applicant to use a private provider to expedite the application process.

The governing body is required to establish a registry of at least three qualified contractors whom 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. (These provisions were added by the Senate Rules Committee.)

It also allows a governing body 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. 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.

The bill prohibits an applicant 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.

Additionally, 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.

It 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 • liability or disputes resulting from the issuance of 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.

The bill provides definitions for the following terms: applicant, final plat, local building official, plans, preliminary plat, and qualified contractor. (This last term was added by the Senate Rules Committee.)

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Note that the Senate Rules Committee also deleted previously proposed language that would have exempted Monroe County from the provisions that require the governing body to create a program to expedite the issuance of building permits. The committee also deleted previously proposed language that exempted a municipality with 25 acres or less of contiguous land zoned for residential development or agricultural purposes from the Oct. 1, 2024 requirement and exempts a municipality with 25 acres or less of land zoned for residential development or agricultural purposes from the Dec. 31, 2027 requirement.

Land Development: CS/CS/HB 1177 (Rep. Duggan), a delete-all amendment; was reported favorably by the House Ways & Means Committee, its second of three committees of reference, on Feb. 14 and moves to the House State Affairs Committee, its final committee of reference.

The bill does the following: • amend s.125.01 to provide that county commissions have the power to hear appeals of final orders and decisions of municipal historic preservations boards (added by the committee); • creates s.163.046 to provide that a local government may not require a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on property being used for the construction or development of a veterans healthcare facility, as approved by the United States Department of Veterans Affairs. Additionally, a local government may not require a property owner to replant a tree that was pruned, trimmed, or removed in accordance with this section. (These provisions were added by the committee); • amends s.163.3167 to provide that notwithstanding any other provision of general law, except any law pertaining to the protection and restoration of the Everglades, municipalities and counties have specified exclusive powers, and adds the power to evaluate transportation impacts, apply concurrency, or assess any fee related to transportation improvements. (The reference to the Everglades was not included in the previous bill version); • amends ss.163.3180(5)(h)1 to: o provide that a local government that continues to implement a transportation concurrency system must comply with existing statutory requirements notwithstanding any provision in a development order, an agreement, a local comprehensive plan, or a local land development regulation; o require local governments that implement a transportation concurrency system to credit the fair market value of any land dedicated to a governmental entity for transportation facilities against the total proportionate share payments computed pursuant to general law; and o remove the authority for local governments to cumulatively analyze trips from a previous stage or phase of development that did not result in impacts for which mitigation was required or provided when determining requiring mitigation for a subsequent stage or phase of development.

• amends s.163.31801 to: o clarify that a special district may only levy impact fees if authorized to do so by special act; and o require local governments to provide credit against the collection of the impact fee for any contributions related to public facilities or infrastructure, notwithstanding the provisions of any agreement. (Note that the amended bill restores the previously deleted exception for water and sewer connection fees.); • creates s.166.04152 to provide that: o any final order or decision made by an historic preservation board established pursuant to municipal charter or ordinance may be appealed to the board of county commissioners of the county in which the municipality is located; o the board of county commissioners shall hold a public hearing on the appeal within 30 days of receipt of the appeal; o the board of county commissioners, after the public hearing, may approve or reject the final order or decision and the determination of the board of county commissioners is final; and o this section is supplemental to all other remedies available under law.

(These four provisions were added by the committee.)

• amends s.380.06 (5) to revise the exception for when credits against local impact fees must be maintained when an amendment is made to a development order for an approved DRI to apply to: Feb. 16, 2024 | Legislative Reporter

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o internal, private facilities required by local regulations; or o offsite facilities necessary to provide safe and adequate services solely to the development and not the general public amends s.380.06(7) to: o remove the requirement that a local government review a proposed change to a DRI based on the local comprehensive plan at the time the development was originally approved; o provide that a change to DRI that has the effect of reducing the originally approved height, density, or intensity of the development or that changes only the location, types, or acreage of uses and infrastructure or exchanges permitted uses must be administratively approved and is not subject to review by the local government; o provide that any local government review of any proposed change to a DRI and of any development order required to construct developments in the DRI must abide by any prior agreements or other actions vesting the laws and policies governing the development o remove the requirement that any new condition in an amendment to a development order approving or denying an application for a proposed change to a DRI must be consistent with the local government’s comprehensive plan and land development regulations; o require any proposed change to a DRI that includes a dedicated multimodal pathway suitable for bicycles, pedestrians, and low-speed vehicles along any internal roadway must be approved if the rightof-way remains sufficient for the ultimate number of lanes of the internal roadway; o require the approval of any proposed change to a DRI substituting a multimodal pathway suitable for bicycles, pedestrians, and low-speed vehicles in lieu of an internal road if the change does not result in any road within or adjacent to the DRI falling below the local government’s adopted level of service and does not increase the original distribution of trips on any road analyzed as part of the DRI by more than 20 percent; and o require local governments to return any interest it may have in the right-of-way to the developer if the developer has already dedicated the right-of-way to the local government for proposed internal roadways as part of the approval process for the proposed change. amends ss.380.06(8) to: o provide that comprehensive plans and land development regulations adopted after a DRI has vested do not apply to proposed changes to an approved DRI or to development approvals required to implement the DRI; and o provide that the conveyance of property or compensation, or the agreement to convey property or compensation, to the state or local government is an act of reliance to vest rights, removing the requirement that the conveyance be part of a zoning change.

A similar bill, SB 1110 (Sen. DiCeglie), has been referred to three committees but has yet to be heard.

Municipal Utilities: CS/CS/SB 1277 (Sen. Busatta Cabrera) was reported favorably by the Senate Commerce Committee on Feb. 15 and placed on the House Calendar on Second Reading.

Under this bill, a municipality that intends to offer retail electric, natural gas, water, or sewer utility service in another municipality or unincorporated area outside of the municipality’s boundaries must hold a public meeting in conjunction with the governing body of each municipality or unincorporated area to be served before a new agreement to provide such service, or a renewal, extension, or material amendment of an existing agreement, may take effect. The public meeting must be held within each municipality and unincorporated area to be served for the purpose of providing information and soliciting public input on: • the nature of the service to be provided or changes to the service being provided; • the rates, fees, and charges to be imposed for the services provided or intended to be provided, including any differential with the rates, fees, and charges imposed for the same service on customers located within the boundaries of the serving municipality, the basis for the differential, and the length of time that the differential is expected to exist; Feb. 16, 2024 | Legislative Reporter

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the extent to which revenues generated from the provision of the service will be used to fund or finance nonutility government functions or services; and any other matters deemed relevant by the parties to the agreement.

The bill requires that a new agreement to provide these utility services beyond a municipality’s boundaries, or an extension, renewal, or material amendment to an existing agreement, must be in writing. Any agreement to provide water or sewer utility service must comply with the other provisions of the bill limiting rates charged to consumers outside city limits when providing such services.

An appointed representative of each municipality providing utility service in another municipality or unincorporated area outside of the municipality’s boundaries must conduct an annual customer meeting in conjunction with the governing body of each municipality and unincorporated area in which it provides service. The purpose of this meeting is to receive public input on utility-related matters, including rates and service. The bill provides this meeting does not need to be a separate public meeting conducted specifically for this purpose.

A municipality may not transfer more than 10 percent of the gross revenues it generates from electric, natural gas, water, or sewer service provided to consumers outside its municipal boundaries to fund or finance non-utility governmental functions. Further, the bill requires that the revenues remaining after a transfer must be reinvested into the municipal utility or returned to customers living beyond the municipality’s corporate limits.

The bill requires that by Nov. 1, 2024, and annually thereafter, each municipality which provides utility service outside its municipal boundaries report to the Public Service Commission (PSC), for each type of utility service it provides outside of municipal boundaries, the following information: • the number and percentage of customers that receive utility service provided by the municipality at a location outside the boundaries of the municipality; • the volume and percentage of sales made to such customers, and the gross revenues generated from such sales; and • whether the rates, fees, and charges imposed on customers that receive service at a location outside the municipality’s boundaries are different than the rates, fees, and charges imposed on customers within the boundaries of the municipality, and, if so, the amount and percentage of the differential.

The bill requires the PSC to compile this information and report it to the Speaker of the House of Representatives, the Senate President, and the Governor by Jan. 31, 2025, and annually thereafter. The bill provides that it does not modify or extend the authority of the PSC otherwise provided by law with respect to any municipal utility that must report this information.

The bill removes the provision from current law allowing water or sewer utilities to add, for consumers outside of its boundaries, a surcharge of up to 25 percent of the rates, fees, and charges imposed on consumers within its boundaries without a public meeting. Furthermore, the bill changes the limit on the rates, fees, and charges such utilities can impose on customers outside of municipal boundaries to no more than 25 percent above the total amount the municipal water or sewer utility charges customers within the municipal boundaries, provided rates for outside customers are set in a public hearing using the same methods as rates for other customers.

Finally, the bill limits the rates, fees, and charges that a municipal water or sewer utility that provides service to consumers within the boundaries of a separate municipality, using a water treatment plant or sewer treatment plant located within the boundaries of that separate municipality, by requiring that such charges are no more than the rates, fees, and charges imposed on consumers inside its own municipal boundaries.

CS/HB 47 (Rep. Robinson), which also deals with municipal water sewer utility rates, was reported favorably by the House Commerce Committee, its final committee of reference, on Feb. 15 and added to the House Calendar on Second Reading. This bill simply amends s.180.191 to provide that a municipality which operates a water or sewer utility outside its municipal boundaries must charge consumers outside its boundaries the same rates, fees, and charges as it charges consumers within its boundaries if: Feb. 16, 2024 | Legislative Reporter

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the consumers are located in a separate municipality; and the charging municipality uses a water or sewer treatment plant located in the separate municipality to serve those consumers.

Special Districts: CS/SB 1058 (Sen. Hutson) was reported favorably by the Senate Rules Committee, its final committee of reference, on Feb. 14 and placed on the House Calendar on Second Reading.

The bill revises provisions relating to special districts by: • repealing s.163.3756 relating to inactive community development redevelopment agencies; • creating a 12 consecutive year term limit for elected members of governing bodies of independent special districts unless the district’s charter provides for more restrictive terms of office. Service of a term of office commenced before Nov. 5, 2024 does not count towards this limitation; • providing that the above term limits do not apply to a community development district, 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; • providing that boundaries of independent special districts may only be changed by an act of the legislature; this does not apply to community development districts; • adding additional criteria for declaring a special district inactive; • revising notice and procedures for proposed declaration of inactive status; • authorizing 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; • requiring a special district, beginning October 2024 or by the end of the first full fiscal year after its creation, to adopt goals and objectives, as well as performance measures and standards to determine if those goals and objectives are being achieved; • requiring a special district to prepare 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 or objectives the district failed to achieve. This report must be published on the district’s website; • repealing provisions that allow special districts to convert to a municipality without legislative approval; • requiring independent special fire control districts to report certain information to the Division of the State Fire Marshal; • reducing the maximum ad valorem millage rate that may be levied by a mosquito control district from 10 mills to one mill; • requiring mosquito control districts to meet certain conditions required to participate in state programs; • prohibiting the creation of new safe neighborhood improvement districts effective July 1, 2024 but safe neighborhood improvement districts created before this date may continue to operate as provided by current law; • requiring the Office of Program Policy Analysis and Government Accountability to conduct a performance review of existing safe neighborhood improvement districts by Sept. 30, 2025; and • repealing s.190.407 relating to incorporation or annexation of community development districts.

A similar bill, CS/CS/HB 7013 (Rep. Persons-Mulicka), was passed by the House on Feb. 1 and is in the Senate Rules Committee.

County Commissioner Term Limits: CS/CS/HB 57 (Rep. Salzman), a delete-all amendment, was reported favorably by the House State Affairs Committee, its final of three committees of reference, on Feb. 14.

The amended bill creates s.124.012 to provide that, notwithstanding any county charter provision to the contrary, a person may not appear on the ballot for reelection to the office of county commissioner if that person has served, or would have served but for resignation, in that office for eight consecutive years. The bill prohibits a person from qualifying for or appearing on the ballot for a different district seat of the county commission or an at-large county

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commission seat of the county after his or her initial eight-year term of office until two years after the end date of his or her initial term.

In counties where term limits are not imposed by a county charter as of July 1, 2024, the bill provides that the term limits provided in the bill apply to such counties and that service in a term of office that begins before Nov. 8, 2022, may not be counted toward the limitation imposed by the bill. The bill does not supersede any term limits imposed by a county charter that are more restrictive than the term limit imposed by the bill and does not authorize a person subject to such term limits to serve an additional eight consecutive years.

The bill requires a county whose charter authorizes county commissioners to serve longer than the limits imposed by the bill to hold a referendum election that coincides with the 2024 general election to determine whether the term limits imposed apply to such county. The bill requires such referendum election to occur on Nov. 5, 2024, and be conducted by the county supervisor of elections in accordance with the Florida Election Code. It also provides the form for the referendum election.

The bill provides that if a county rejects the term limits during the referendum election, then the bill’s term limits do not apply for that county.

An identical bill, CS/SB 438 (Sen. Ingoglia) was temporarily postponed in the Senate Rules Committee on Feb. 14.

ECONOMIC DEVELOPMENT Regional Rural Development Grants Program: CS/HB 141 (Rep. Abbott), a proposed committee substitute, was reported favorably by the House Ways & Means Committee on Feb. 14 and moves to the House Commerce Committee, its final committee of reference.

The bill eliminates several requirements related to the Regional Rural Development Grants Program: • amends s.288.018 to specify that funding provided under the Regional Rural Development Grants Program are not matching grants; • removes the requirements 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; • removes the requirement for local governments and private businesses to make financial or in-kind commitments to the regional organization; and • removes the requirement that the Department of Commerce consider the demonstrated need of the applicant for assistance when approving participants for the program.

The committee added language that allows 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.

A similar bill, CS/SB 196 (Sen. Simon) was reported favorably by the Senate Fiscal Policy Committee, its final committee of reference, on Feb. 15.

ENVIRONMENT AND NATURAL RESOURCES Comprehensive Waste Reduction and Recycling Plan: HB 455 (Rep. Casello) was passed unanimously by the Senate on Feb. 15 and is in Messages to the House. An identical bill, SB 36 (Sen. Stewart) is in the Senate Appropriations Committee on Agriculture, Environment and General Government, its second of three committees of reference.

These bills amend s.403.7032 to require the Florida Department of Environment Protection (DEP), by July 1, 2025, to develop a comprehensive waste reduction and recycling plan (plan) for the state based on recommendations from the 2020 report. DEP must convene a technical advisory group to help develop the plan. At a minimum, the bills require the plan to identify recycling goals based on sustainable materials management and waste diversion and include a three-year plan to implement the following strategies: • recycling education and outreach. DEP must propose statewide solutions to provide local recycling information and education throughout the state; Feb. 16, 2024 | Legislative Reporter

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local government recycling assistance. DEP is required to evaluate the benefits and challenges of the former state Recycling and Education Grant Program and provide recommendations for reinstating the program or considering other means of providing recycling assistance to local governments; and recycling materials market development. DEP must consider and recommend plans to develop and promote markets for recycling materials.

Upon completion of the plan, the bills require DEP to provide a report to the President of the Senate and the Speaker of the House of Representatives. The report must include an update on the status of the plan and any recommendations for statutory changes necessary to achieve the recycling goals or strategies identified in the plan.

Environmental Management: CS/CS/CS/SB 738 (Sen. Burgess) was reported favorably, reflecting amendments, by the Senate Fiscal Policy Committee, its final committee of reference, on Feb. 15.

The bill requires the side slopes of nonindustrial stormwater management systems, in or adjacent to residential or urban areas that are accessible to the general public, to be designed with a horizontal-to-vertical ratio no steeper than 4:1 to a depth of at least two feet below the control elevation and be stabilized with vegetation. The bill provides an exception if the slope incorporates erosion and sediment control best management practices and is fenced, greenscaped, or has other barriers installed to prevent accidental incursion into the system. The bill supersedes all side slope rules that have been adopted by the Department of Environment Protection (DEP), water management districts (WMD), or delegated programs as of July 1, 2024.

In addition, the bill clarifies that causes of action under the Water Quality Assurance Act must be limited to damages to real or personal property directly resulting from pollution that was not authorized by any government approval or permit. The bill provides that the strict liability exceptions to such causes of action include those specified in s.376.82 regarding the rehabilitation of a brownfields site.

Note that the Senate Fiscal Policy Committee deleted previously proposed language which would have required DEP and each WMD to conduct a holistic review of their respective agency’s current coastal permitting processes and other permit programs to identify areas of improvement and to increase efficiency within each process and program.

A similar bill, CS/CS/HB 789 was reported favorably, reflecting amendments, by the House Infrastructure Strategies Committee, its final committee of reference, on Feb. 15.

Funding for Environmental Resource Management: CS/SB 1638, a delete-all amendment, was reported favorably by the Senate Fiscal Policy Committee, its final committee of reference, on Feb. 15.

The amended bill creates s.380.095 related 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 dedicated 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 Trust Fund within the Department of Financial Service and distributed as follows: • $100 million to support the wildlife corridor as defined in s.259.1005, including the acquisition of lands or conservation easements with the wildlife corridor; • $100 million for the management of uplands and the removal of invasive species, divided as follows: o $32 million to the State Park Trust Fund with the Department of Environmental Protection (DEP) for land management activities within the state park system; o $4 million to the Internal Improvement Trust Fund within DEP for the purpose of implementing the Local Trail Management Grant Program established in s.260.0145; o $32 million to the Incidental Trust fund within the Department of Agriculture and Consumer Services for land management acquisition; and Feb. 16, 2024 | Legislative Reporter

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o $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. $100 million to the Resilient Florida Trust Fund within DEP for the Statewide Flooding and Sea Level Rise Resilience Plan; and the remainder to go to the Water Protection and Sustainability Program Trust Fund with DEP for the Water Quality Improvement Grant Program.

The bill creates s.260.0145 that 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 user; and • other necessary maintenance, such as pressure washing, bush pruning, and clearing debris.

DEP 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 provided specific information about each one.

The bill also amends s.259.1055 to add language regarding management techniques with the Florida Wildlife Corridor. It authorizes the Fish and Wildlife Conservation Commission to enter into voluntary agreements with private landowners for environmental services within the corridor. The agreements must require that: • the landowner protect and restore water resources; 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; 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 Subject to appropriation, land management funds received pursuant to s.380.095 may be used for this purpose.

The bill requires the Land Management Uniform Accounting Council (LMUAC) to recommend the mosey 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 amends s.407.0673 dealing with the water quality improvement grant program. It amends the list of projects that are to be prioritized, and also requires the annual report that DEP is required to submit to include a list projects not receiving funding which were determined to be eligible by the department and were able to demonstrate project readiness. Additionally, the report must include the progress made in the implementation of multi-year projects.

The bill also sets forth the following distribution of funds for the 2024-25 fiscal year, subject to sufficient funds being distributed: • $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 Feb. 16, 2024 | Legislative Reporter

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that meet the eligibility criteria set forth in s.403.0673, Florida Statutes. 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), Florida Statutes. The department shall submit the 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 trust funds is appropriated to Administered Funds for land acquisition pursuant to s.380.095(2)(a); $4 million in nonrecurring 262 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 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 Resilient Florida Grant Program 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; $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 the study must be submitted by Jan. 1, 2025, to the Executive Office of the Governor, the President 320 of the Senate, and the Speaker of the House of Representatives; and o DEP 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 spend plan and negotiated draft contract between the South Florida Water Management District and the Florida Gulf Coast University Water School.

A similar bill, CS/HB 1417 (Rep. Buchanan), a delete-all amendment, was reported favorably by the House Infrastructure Strategies Committee on Feb. 15.

Mitigation: CS/CS/CS/SB 1532 (Sen. Brodeur) was reported favorably, reflecting amendments, by the Senate Rules Committee, its final committee of reference, on Feb. 14.

The bill 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 Feb. 16, 2024 | Legislative Reporter

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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 Senate Rules Committee added this last provision.)

It also provides that, in determining the number of mitigation bank credits to be awarded to a mitigation bank established pursuant to this subsection, the proposed mitigation bank’s location in or adjacent to the local government conservation lands may not increase the uniform mitigation assessment method location factor assessment and scoring value, even if the conservation status of the mitigation bank land is improved due to such location.

CS/CS/CS/SB 1532 also reflects additional amendments by the Senate Rules Committee which do the following: • clarify 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 to 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.

CS/HB 1073 (Rep. Truenow), which also deals with mitigation issues, is in the House Infrastructure Committee, its final committee of reference.

Renewable Natural Gas: CS/SB 480 (Sen. DiCeglie), a delete-all amendment, was reported favorably by the Senate Fiscal Policy Committee, its final committee of reference, on Feb. 15. The bill previously amended s.366.91 relating to Florida’s renewable energy policy to allow public utilities to recover, through an appropriate cost-recovery mechanism administered by the Florida Public Service Commission (PSC), reasonably incurred costs for certain renewable natural gas (RNG) infrastructure projects. It also would have amended multiple Florida statutes to encourage the use and development of RNG. The bill now simply creates ss.366.075(3) to allow the Public Service Commission to establish an experimental mechanism to facilitate energy infrastructure investment consistent with the structure set forth in s.366.96(7) and (8), the intent of s.366.91(1), and the definition of s. 366.91(2)(f). Such gas infrastructure investment may include only investments that collect, prepare, clean, process, transport, or inject gas as defined in s.366.91(2)(f) for pipeline distribution. The commission has discretion to determine whether such mechanism is conducted in an annual proceeding. The commission is required to adopt rules to implement and administer this subsection and must propose the rules for adoption as soon as practicable but no later than Jan. 1, 2025.

A similar bill, CS/HB 683 (Rep. Yeager), is in the House Commerce Committee, its final committee of reference.

TRANSPORTATION Department of Agriculture and Consumer Services: CS/HB 1071 (Rep. Alvarez), was reported favorably by the House Agriculture & Natural Resources Appropriations Subcommittee on Feb. 12 and moves to the House Infrastructure Strategies Committee, its final of three committees of reference.

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The bill makes a number of changes to regulations of the Department of Agriculture and Consumer Services.

Among the changes, the bill amends s.366.94 to preempt the regulation of electric vehicle charging stations to the state and prohibit local governmental entities from enacting or enforcing such regulations.

A similar bill, CS/SB 1084 (Sen. Collins), is in the Senate Fiscal Policy Committee, its final committee of reference.

Department of Transportation: CS/CS/CS/HB 1301 (Rep. Abbott and Rep. Berfield) was reported favorably, reflecting amendments, by the House Infrastructure Strategies Committee, its final committee of reference, on Feb. 15.

The bill addresses matters related to transportation. Specifically, the bill: • amends s.20.23 to add the following to department’s areas of responsibility (added by the committee): o modal development; o transportation technology; o work program development; o statewide corridors; o forecasting and performance; o emergency management; and o safety office.

• deletes language that requires the Florida Department of Transportation (FDOT) Secretary to appoint FDOT’s inspector general; • changes the time period a prepaid toll account can remain dormant from 3 years to 10; • provides 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 compliance. (Note the committee deleted previously proposed language which provided state funds could not be spent if any of these entities were advertising, enforcing, promoting or displaying a recommendation, requirement or mandate relating to COVID-19 or any variant thereof); • provides that the remainder of the revenues deposited into the State Transportation Trust Fund (STTF) derived from the registration of motor vehicles 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; • allows FDOT to enter into a service contract with the Florida Department of Transportation Financing Corporation to finance projects identified in the Moving Florida Forward Infrastructure Initiative in the work program; • creates s.339.155 which provides that when developing transportation plans, FDOT and Metropolitan Planning Organizations may not consider any nonpecuniary social, political, or ideological factor: o “nonpecuniary factor” means:  social, political, or ideological interests, including environmental, social, and corporate governance (ESG) interests (this was amended by the committee); and  social governance standards, benchmarks, and requirements, including any initiative adopted by the federal government or agency thereof to achieve a reduction in carbon dioxide emissions or thresholds to achieve net zero emissions of carbon dioxide.

(Note the committee deleted previously proposed language referencing the Paris Agreement) • creates s.339.652 to establish a Supply Chain Innovation Grant Program within the Department of Commerce to fund proposed projects that support supply change innovation; • amends s.341.051 to: o require 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 (added by the committee); o require that any action of eminent domain for acquisition of public transit facilities carried out by a public transit provider shall be discussed by the public transit provider at a public meeting with a 30-day public notice (added by the committee); and

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o provide that if no funds are allocated to projects that qualify for the New Starts Transit Program by June 30 of the current fiscal year, then such funds must be reallocated for the purpose of the Strategic Intermodal System (prior to the committee amendment, the funds reverted generally to the State Transportation Trust Fund). amends s.341.071 to: o provide definitions of general administrative costs, public transit provider, Tier 1 provider, Tier 2 provider (last two were added by the committee); o beginning Nov. 1, 2024 and annually thereafter, require each public transit provider, at a publicly noticed meeting, to:  annually 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 (the committee amended this from 10 percent to 20 percent);  annually present a line-item budget report of its budgeted and actual general administration costs (added by the committee); and  disclose all salaried executive and management level employees’ total compensation package, and post this report on the website (added by the committee). o require that a year-over-year cumulative increase of 2 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 the Florida Transportation Commission before approval by the public transportation provider’s governing board (added by the committee). creates s.341.072 relating to Public Transit Providers Marketing and Advertising Standards, which provides that: o a public transit provider may not expend state funds directly, indirectly, or through a grant or agreement, for marketing or advertising activities, including any wrap, tinting, or paint on a bus, commercial motor vehicle, or motor vehicle except those that are limited to displaying a brand or logo of the public transit provider, the official seal of the jurisdictional governmental entity, or state agency public service announcement; o FDOT has priority placement for marketing or advertising activities; and o FDOT must incorporate guidelines for the activities allowed in the public transportation grant agreement entered with each transit provider.

(Note that the committee changed the content of this section) provides that 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.

Note that the committee also deleted previously proposed language that would have expressly authorized FDOT to procure and establish contracts with one or more financial institutions, credit card companies, or other entities for the acceptance and processing of credit cards, charge cards, debit cards, electronic funds transfers, or any other means of electronic payment for the collection of amounts to which the turnpike enterprise is entitled.

CS/SB 1226 (Sen. DiCeglie), which also deals with FDOT, is scheduled to be heard in the Senate Appropriations Committee on Transportation, Tourism and Economic Development on Feb. 20.

LEGISLATIVE NEWS Passidomo rejects Florida GOP’s wish list Kimberly Leonard | Politico | Feb. 15 House panel signs off on tax plan News Service of Florida | The Capitolist | Feb. 15 Lawmakers close in on key priorities Kimberly Leonard | Politico | Feb. 16

Feb. 16, 2024 | Legislative Reporter

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