Legislative Reporter | Feb. 24, 2023

Feb. 24, 2023 | Legislative Reporter

This week was the last week for scheduled interim committee meetings, with more than 1,000 bills being filed to date Session will begin on March 7 and is scheduled to run through May 5. A summary of the major 2023 Legislative Session dates can be viewed here.

The Bill Tracking Report, as of Feb. 24, 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.

Please note: 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. Thank you.

Since the last update, the following bills of interest have been filed that would do the following:

• Amend ss.163.3167(8), F.S. to add a prohibition against initiatives or referendum related to any amendment to land development regulations (Currently, this subsection prohibits initiatives or referendums for development orders and certain comprehensive plan or map amendments.) This prohibition would apply retroactively to any initiative or referendum process commenced after June 1, 2011. (SB 856, Sen. Rodriguez. Note this bill is similar to HB 41 [Rep.Garcia] previously filed.)

• Amend ss.212.055(2), F.S. to provide that a local government infrastructure surtax can, in addition to the finance, planning, and construction of infrastructure, also be used for maintaining infrastructure. (SB 882, Sen. Brodeur and HB 885, Rep. Plasencia)

• Repeal s.163.045, F.S., which prohibits local governments from requiring notice, application, approval, permit, fee or mitigation for the tree pruning, trimming, or removal on residential property if certain documentation is possessed by the property owner. (SB 886, Sen. Stewart. Note that this preemption was adopted in 2019 and bills to repeal it have been filed each year since then.)

• Amend ss.553.73(5), F.S., to prohibit local governments who have adopted technical amendments to the Florida Building Code to implement the National Flood Insurance Program or incentives, and the local requirement exceeds minimum standards for the National Flood Insurance Program, from denying a request for a variance or exception to such a requirement if the requested variance or exception meets the minimum standards. (SB 920, Sen. DiCeglie)

• Propose amendments to the Florida Forever Act including extending its bond retirement date from 2040 to 2054; revising the distribution of proceeds from the Florida Forever Trust Fund for land acquisition and capital project expenditures; and amending s.375.041, F.S., related to the Land Acquisition Trust Fund to provide that up to $300 million be appropriated annually to the Florida Forever Trust Fund. (SB 928, Senator Stewart. Note this bill is similar to HB 559 [Rep. Roth] previously filed.)

• Create ss. 377.24(10), F.S., to prohibit the drilling or exploration for, or production of, oil, gas, or other petroleum products on the lands and waters of the state; create s.377.821(10), F.S., to direct the Office of Energy within the Department of Agriculture and Consumer Services to develop a unified statewide plan that will result in 100 percent of electricity used in the state being generated from 100 percent renewable energy by 2050 and reduce state’s carbon emissions to net zero by 2051. (HB 957, Rep. Eskamani and SB 970, Sen. Berman)

• Create new s.403.706 (23), F.S. to provide that a municipality or county may not prohibit or unreasonably restrain private entity from providing recycling or solid waste management services to commercial, industrial, or multifamily residential properties, including condominiums, within their jurisdiction; allows county or municipality to require the private entity to obtain a permit, license, or nonexclusive franchise equivalent. (HB 975, Rep. Holcomb and SB 798, Sen. Ingoglia)

• Amend s.403.816, F.S. to require that, as a condition of a permit issued for maintenance dredging of deepwater ports, a habitat equivalency analysis to determine the adverse impacts of the dredging activity on the natural habitat must be conducted by an independent contractor selected by the local government. (SB 1072, Sen. Rodriguez and HB 979, Rep. Gossett-Seidman)

• Amend s.380.093, F.S., to provide that under the Resilient Florida Grant Program, effective July 1, 2024, the Department of Environmental Protection may provide grants to coastal counties to conduct vulnerability assessments analyzing the effects of saltwater intrusion on a county’s water supply and the preparedness of the county to respond to such a threat. Threats include water utility infrastructure, wellfield protection, and fresh water supply. (HB 1079, Rep. Cross. Note that this bill is identical to SB 734 [Sen. Polsky] previously filed.)

The following bills had action since the last Legislative Update:

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.

GROWTH MANAGEMENT

Local Government Comprehensive Plans: CS/HB 359 (Rep. Duggan), was reported favorably by the House Local Administration, Federal Affairs & Special Districts Subcommittee on Feb. 22 and moves to the House Civil Justice Subcommittee, its second of three committees of reference. The amended bill does the following:

• amends s.163.3184, F.S., to entitle the prevailing party in administrative challenges to a comprehensive plan or plan amendment to recover attorney fees and costs including reasonable appellate attorney fees and costs;

• amends s.163.3187, F.S., to permit the prevailing party in small scale plan amendment challenge to recover attorney fees and costs including reasonable appellate attorney fees and costs; and

• amends s.163.3215, F.S., to clarify that the scope of review for a challenge to a local government decision to grant or deny a development order is limited to whether the development order would materially alter the use, density, or intensity of use on a property rendering it not consistent with the comprehensive plan.

The bill, as originally filed, also contained language that would have amended s.163.3177, F.S., to authorize administrative approval of modifications to update the capital improvements component of a plan if all projects are adopted by appropriate board. This language was deleted by the committee as part of CS/HB 359.

SB 540 (Sen. DiCeglie), an identical bill to HB 359 as originally filed, is in the Senate Community Affairs Committee, its first of three committees of reference.

Local Ordinances: CS/CS/SB 170 was reported favorably by the Senate Rules Committee, its last committee of reference, on Feb. 23. The bill does the following:

• amends s.57.112, F.S., to provide that when an ordinance is successfully challenged in court as arbitrary or unreasonable, the court may, but is not required to, award up to $50,000 in attorney fees and costs to the prevailing plaintiff. These fees are not applicable where the plaintiff prevails on a separate claim regarding the same ordinance, or for fees and costs associated with litigating over attorney fees. This section applies prospectively to ordinances adopted on or after Oct. 1, 2023;

• amends s.125.66 and s.166.041, F.S., to require counties and cities, respectively, to produce or have produced a “business impact estimate” prior to passing an ordinance; but specifies that this requirement should not be construed to require a county or city to hire an accountant or other financial consultant in preparing the estimate. The business impact estimate must include the following:

 a summary of the proposed ordinance, including a statement of the public purpose to be served by the proposed ordinance;

 an estimate of the direct economic impact of the proposed ordinance on private for-profit businesses in the county or city, including 1) an estimate of direct compliance costs for businesses; 2) identification of new charges and fees; and 3) an estimate of the county’s or city’s regulatory costs;

 a good faith estimate of the number of businesses likely impacted; and

 any additional information deemed useful;

• provides that a business impact estimate is not required for the following types of ordinances:

 emergency ordinances;

 growth policy, county and municipal planning, and land development regulations under Part II of Ch.163, F.S.;

 building code ordinances under s.553.73, F.S.;

 fire prevention code ordinances under s.633.202, F.S.;

 ordinances establishing or terminating Community Development Districts under ss.190.005 and 190.046, F.S.;

 ordinances required to comply with federal or state law or regulation;

 ordinances relating to financial obligations or issuance or refinancing of debt;

 ordinances related to the adoption of county or municipal budgets or budget amendments;

 ordinances required to implement a contract or agreement, to include federal, state, local, or private grants or other financial assistance;

• creates ss.125.675 and 166.0411, F.S., to set conditions on lawsuits brought by any party to challenge local ordinances as preempted by the State Constitution or by state law, or is arbitrary, or unreasonable. The bill requires the local government to suspend enforcement of an ordinance subject to such an action, including appeals, if:

 the action was filed with the court no later than 90 days after the adoption date of the ordinance;

 the plaintiff or petitioner requests suspension in the initial complaint or petition; and

 the county or city has been served with a copy of the complaint or petition.

Unless the plaintiff obtains a stay of the lower court’s order pending appeal, the local government may enforce the ordinance 45 days after the entry of the lower court’s order. In filing such an action, a party certifies that they do not file such a suit for frivolous or improper purposes, and may be subject to sanctions and fees if they do so. The court must 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 provisions regarding an ordinance’s stay and priority docketing do not apply to the same ordinances as listed above for the business impact estimates

The Senate Rules Committee also amended the bill to add a new provision in s.125.66 and s.166.041, F.S., to provide that consideration of a proposed ordinance at a meeting properly noticed may be continued to a subsequent meeting if, at the meeting, the date, time, and place of the subsequent meetings is publicly stated. No further publication, mailing, or posted notice is required except that the continued consideration must be listed in an agenda or similar communication produced for the subsequent meeting. The bill further provides that this provision is remedial in nature, is intended to clarify existing law, and shall apply retroactively.

Currently, there is no companion bill filed in the House.

ENVIRONMENT/NATURAL RESOURCES

Land Acquisition Trust Fund: SB 320 (Sen. Harrell) was reported favorably by the Senate Environment and Natural Resources Committee on Feb. 21 and moves to the Senate Appropriations Committee on Agriculture, Environment and General Government, its second of three committees of reference. The bill does the following:

• amends s.371.041, F.S., to appropriate from the Land Acquisition Trust Fund (LATF) a minimum of the lesser of 7.6 percent of the LATF funds remaining after the payments of the debt service or $50 million annually for projects dedicated to the conservation and management of the Indian River Lagoon (IRL). The distribution must be reduced by an amount equal to the debt service paid out of the LATF on bonds issued for conservation and management of the IRL after July 1, 2023;

• requires the Department of Environmental Protection (DEP) to use the funds to make grants for projects that implement the 2008 updated Indian River Lagoon Comprehensive Conservation and Management Plan, including multiyear grants for the planning and construction of the projects. DEP must coordinate all grants with the St. Johns River and South Florida Water Management Districts. DEP and the St. Johns and South Florida Water Management Districts must coordinate with other water management districts, as necessary;

• requires that priority must be given to projects for: ecosystem monitoring and habitat restoration; connection of onsite sewage treatment and disposal systems to central sewer systems; and management of stormwater, freshwater, and agricultural discharges;

• provides that grants for sewer system connection projects and discharge management projects must require a minimum 50 percent local match;

• requires that, beginning Jan. 1, 2024, DEP must submit an annual report regarding the projects funded pursuant to this bill to the Governor, the President of the Senate, and the Speaker of the House of Representatives.

A similar bill, HB 547 (Rep. Sirois), is in the House Agriculture & Natural Resources Appropriations Subcommittee, its first of three committees of reference.

HOUSING

Live Local Act: CS/SB 102 (Sen. Calatayud), which incorporates a delete-all amendment, was reported favorably by the Senate Appropriations Committee, its last committee of reference, on Feb. 22. The bill, a priority of Senate President Passidomo, is likely to be heard by the full Senate in the opening days of session. HB 627 (Rep. Busatta Cabrera and Rep V. Lopez), identical to SB 102 as originally filed, is in the House State Affairs Committee, its first of three committees of reference.

Cited as the Live Local Act, CS/SB 102 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, 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. Among the changes, the bill provides up to $150 million annually to the SAIL program to be used for certain specified projects as identified in the newly created s.420.50871, F.S. This provision sunsets July 1, 2033. The bill also significantly amends the state housing strategy delineated in s.420.0003, F.S. The bill also creates s.420.50872, F.S., Live Local Program, a new tax donation program to allow taxpayers to direct certain tax payments, up to $100 million annually, to help fund the SAIL program.

However, the bill also includes several changes that impact local government. Specifically, the bill would do the following:

Rent Control

• amend s.125.0103 and s.166.043, F.S., to remove the authority of local government to enact ordinances controlling the price of rents.

Expedited Development Projects for Affordable Housing

• amend s.125.01055(6), F.S., and 166.04151(6) F.S. to provide that a county or municipality may approve the development of affordable housing, including but not limited to a mixed-use development, on any parcel zoned for commercial or industrial use, so long as at least 10 percent of the housing units in the project are affordable. (This amended language deletes current statutory language which included parcels zoned for residential, and required that the developer of the project agree not to seek funding under the SAIL program.)

Comprehensive Plans/Zoning Regulations

• create ss.125.01055(7) and ss.166.04151(7) F.S to:

 require counties and municipalities to authorize multifamily and mixed-use residential as allowable uses in any area zoned for commercial or mixed use if at least 40 percent of the residential units in a proposed multifamily rental development are, for a period of at least 30 years, affordable as defined in s.420.004, F.S.;

 prohibit a county or municipality from requiring the proposed multifamily development to get a zoning or land use change, special exception, conditional use approval, variance or comprehensive plan amendment for the building height, zoning, and densities;

 require that at least 65 percent of the total square footage in a mixed-use residential project must be used for residential purposes;

 prohibit a county or municipality from restricting the density of a proposed development authorized under these subsections below the highest allowed density on county unincorporated land or land within the municipality respectively where residential development is allowed;

 prohibit a county or municipality from restricting the height of a proposed development authorized under these subsections below the highest currently allowed height for a commercial or residential development in its jurisdiction within 1 mile of the proposed development or three stories, whichever is higher;

 require that a proposed development authorized under these subsections must be administratively approved and no further action required if the development satisfies the local land development regulations (including but not limited to regulations relating to setbacks and parking requirements) for multifamily developments in areas zoned for such use and is otherwise consistent with the comprehensive plan, with the exception of provisions establishing allowable densities, height and land use;

 require that counties and municipalities must consider reducing parking requirements if the proposed development is located within one-half mile of a major transit stop, as defined in the land development code, and the major transit stop is accessible from the development;

 specify that except as otherwise provided in these subsections, a development authorized under these provisions must comply with all applicable state and local laws and regulations;

 state that these subsections expire on October 1, 2033.

Building Permits

• amend ss.553.792(1)(a) F.S. to require that a local government must maintain on its website a policy containing the procedures and expectations for expedited processing of those building permits and development orders required by law to be expedited.

Local Government Owned Property

• amend s.125.379 and s.166.0451, F.S. to:

 provide that counties and cities must produce their real property inventory list identifying property that is appropriate for affordable housing by Oct. 1, 2023, and every three years after;

 require that the list be made publicly available on the applicable county or city website;

 require that counties and cities must include real property owned by dependent special districts within their boundaries on the inventory lists;

 provide that acceptable uses of property identified as appropriate for affordable housing includes utilization through a long-term land lease requiring the development and maintenance of affordable housing;

 encourage counties and cities to adopt best practices for surplus land programs, with the bill providing examples

Ad Valorem Tax Exemptions

• amend s.196.1978, F.S. to provide three new property tax exemptions:

 nonprofit land lease exemption for land that is owned entirely by a nonprofit entity that is a corporation not for profit that meets other specified conditions – first applies to the 2024 tax roll and is repealed on Dec. 31, 2059;

 exemption for units in a newly constructed multifamily project containing more than 70 units dedicated to housing natural persons or families below certain income limitations and meeting other specified conditions – first applies to the 2024 tax roll and is repealed on Dec 31, 2059

• create s.196.1979, F.S. to authorize a county or municipality to adopt a local ordinance to exempt those portions of property used to provide affordable housing meeting certain requirements – first applies to the

2024 tax roll and expires the fourth January 1 after adoption; however governing body may adopt a new ordinance to renew the exemption.

Keys Workforce Housing Initiative

• provide that the Department of Economic Opportunity’s Keys Workforce Housing Initiative, approved by the Administration Commission on June 13, 2018, is considered an exception to the evacuation time constraints of s.380.0552(9)(a)2, F.S., by requiring deed-restrictive affordable workforce housing properties to agree to evacuate at least 48 hours in advance of hurricane landfall. A comprehensive plan amendment approved by the Department of Economic Opportunity to implement the initiative is considered valid and the respective local governments may adopt local ordinances or regulations to implement such plan amendment.

TRANSPORTATION

Department of Transportation: CS/SB 64 (Sen. Hooper), a delete-all amendment, was reported favorably by the Senate Transportation Committee on Feb. 21 and moves to the Senate Appropriations Committee on Transportation, Tourism, and Economic Development, its second of three committees of reference.

The bill, as originally filed, deals with several issues under the purview of the Florida Department of Transportation. In particular, it included an amendment to s.206.46, F.S. that would have prohibited the department from annually committing to public transit projects more than 20 percent of the revenues derived from state fuel taxes and motor vehicle license-related fees deposited into the State Transportation Fund. This language was deleted by the Senate Transportation Committee.

A similar bill, which also originally contained this language, was heard in the House Transportation and Modals Subcommittee on Feb. 22. This committee reported favorably CS/HB 425 (Rep. Andrade and Esposito), a delete-all amendment, which among other changes removed this language. CS/HB 425 now moves to the House Infrastructure & Tourism Subcommittee, its second of three committees of reference.

Florida Share-Use Nonmotorized Trail Network: CS/SB 106 (Sen. Brodeur) expands the existing Shared-Use Nonmotorized (SUN) Trail Network and enhances coordination of the state’s trail system with the Florida Wildlife Corridor. It was reported favorably by the Senate Appropriations Committee, its last committee of reference, on Feb. 22.

Specifically, the bill:

• prioritizes the development of “regionally significant trails” which 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 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 non-recurring appropriation of $200 million to plan, design, and construct the SUN Trail Network.

The committee amended the original bill to delete a proposed change to reduce the number of tourist-related statewide associations representatives on the Florida Tourism Marketing Corporation Board of Directors from 7 representatives to 6 representatives.

HB 915 (Rep. Botana), identical to SB 106 as originally filed, is awaiting assignment to committees of reference.

NEWSCLIPS

Kathleen Passidomo priorities on affordable housing, wildlife corridor advance in Senate

Florida Politics | Feb. 22

DeSantis administration requires that events at the Capitol “align” with its mission

Florida Politics | Feb. 22

Florida Chamber of Commerce Highlights 2023 Legislative Agenda

Florida Daily | Feb. 23

DeSantis lays out timeline for 2024 decision

The Hill | Feb. 20

Days before Florida lawmakers gather, new protest limits are set. Here’s what to know Northwest Florida Daily News | Feb. 16

click on image to enter survey