Page 1
Jan. 29, 2024 | Legislative Reporter This was the third week of the legislative session. The latest Bill Tracking Report as of the morning of Jan. 26 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 Attorney Fees and Costs: SB 702 (Sen. Martin) was reported favorably by the Senate Rules Committee, its final committee of reference, on Jan. 24 and placed on the Calendar on Second Reading. The bill creates s.57.106 regarding the recovery of attorney fees and costs in certain disputes regarding property rights. It provides that in a civil action brought against the owner of a parcel of real property to resolve a dispute concerning property rights, the court must award reasonable attorney fees and costs to the prevailing defendant if the improvements made to the property by the defendant property owner were made in substantial compliance with, or in reliance on, environmental or regulatory approvals or permits issued by a political subdivision of the state or a state agency. For purposes of the bill, the term “property rights” includes, but is not limited to, use rights, ingress and egress rights, and those rights incident to land bordering upon navigable waters as described in the riparian rights statute. A similar bill, HB 1167 (Rep. Yarkosky), was reported favorably by the House Civil Justice Subcommittee on Jan. 25 and moves to the House Local Administration, Federal Affairs & Special Districts Subcommittee, its second of three committees of reference. Jan. 29, 2024 | Legislative Reporter
APA FLORIDA
Page 2
Citizen Volunteer Advisory Committees: CS/SB 224 (Sen. Wright) was reported favorably, as amended, by the Senate Governmental Oversight and Accountability Committee on Jan. 22 and moves to the Senate Rules Committee, its final committee of reference. The bill creates ss.286.011(9) to authorize regional citizen volunteer advisory committees whose membership is composed solely of representatives of four or more counties, to conduct public meetings and workshops by means of communications media as defined in s.120.54(5)(b)2. The bill 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. Finally, the bill states 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. Note that the committee amended the bill to delete a previously proposed provision that stated that any other laws applicable to public meetings or workshops conducted by means of communications media technology must be liberally construed in their application to meetings and workshops conducted as provided in this subsection. A similar bill, HB 413 (Rep. Altman), is in the House Local Administration, Federal Affairs & Special Districts Subcommittee, its first of three committees of reference. Note this bill would apply to a regional advisory committee that is composed of representatives from four or more counties, and whose geographic distance between the county seats of the two most distant counties is at least 100 miles. County Commissioner Term Limits: CS/HB 57 (Rep. Salzman) was reported favorably by the House Ethics, Elections & Open Government Subcommittee on Jan. 24 and moves to the House State Affairs Committee, its final committee of reference. The bill provides 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 12 consecutive years. In counties where term limits are not imposed by a county charter as of July 1, 2024, the bill provides 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 which are more restrictive than the term limit imposed by the bill. A similar bill, SB 438 (Sen. Ingoglia), is in the Senate Community Affairs Committee, its second of three committees of reference. Development Permits and Orders: SB 1150 (Sen. Perry) was reported favorably by the Senate Community Affairs Committee on Jan. 22 and moves to the Senate Judiciary Committee, its second of three committees of reference. 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 provides that a municipality or county must issue a refund to an applicant equal to: • ten 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; • ten 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; • twenty 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; Jan. 29, 2024 | Legislative Reporter
APA FLORIDA
Page 3
• •
fifty 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 one 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-day 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. The bill also provides that 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. 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.” Lastly, the bill 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. A similar bill, HB 791 (Rep. Overdorf) was reported favorably by the House Local Administration, Federal Affairs & Special Districts on Jan. 25 and moves to the House Commerce Committee, its second of three committees of reference. Expedited Review of Residential Building Permits: CS/SB 812 (Sen. Ingoglia) was reported favorably, as amended, by the Senate Community Affairs Committee on Jan. 22 and moves to the Senate Regulated Industries Committee, its second of three committees of reference. The bill creates s.177.073 relating to the expedited approval of residential building permits before a final plat is recorded. It 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. By Oct. 1, 2024, the bill requires a governing body of a county that has 75,000 residents or more and a governing body of a municipality that has 30,000 residents or more to 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 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.
Jan. 29, 2024 | Legislative Reporter
APA FLORIDA
Page 4
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. The bill exempts Monroe County from the provisions which require the governing body to create a program to issue a percentage of permits pursuant to a preliminary plat. 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. 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. 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 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. The 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 is continuing 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. The bill 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 Jan. 29, 2024 | Legislative Reporter
APA FLORIDA
Page 5
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, and preliminary plat. An identical bill, CS/HB 665 (Rep. McClain), is in the House Local Administration, Federal Affairs & Special Districts Subcommittee, its second of three committees of reference. Land Development: CS/HB 1177 (Rep. Duggan), reflecting committee amendments, was reported favorably by the House Local Administration, Federal Affairs & Special Districts Subcommittee on Jan. 25 and moves to the House Ways & Means Committee, its second of three committees of reference. The bill does the following: • amends s.163.3167. to specify that the powers and responsibilities of municipalities and counties under the Community Planning Act include evaluating transportation impacts, applying concurrency, or assessing any fee related to transportation improvements. The bill also provides that counties and municipalities, notwithstanding any other provision of general law, exclusively hold the powers and responsibilities assigned to those units of government under the Community Planning Act • 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. The bill removes the exception for water and sewer connection fees. • 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 agreements to apply to: 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 (note the language regarding changes or exchanges was added by the committee); 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; Jan. 29, 2024 | Legislative Reporter
APA FLORIDA
Page 6
•
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 road ways 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. Land Use and Development Regulations: CS/HB 1221 (Rep. McClain), a delete-all amendment, was reported favorably by the House Local Administration, Federal Affairs & Special Districts Subcommittee on Jan. 25 and moves to the Agriculture, Conservation & Resiliency Subcommittee, its second of three committees of reference. The amended bill removed previously proposed provisions revising the process for rezoning an agricultural enclave and added a provision concerning the local minimum distance requirements when expanding a self-service storage facility. The bill does the following: • creates s.83.8085 to provide that the expansion of a self-storage facility that is adjacent to and abutting an existing self-storage facility, and that is owned and managed by the same person or entity, may not be considered or deemed a new storage facility and is considered to be an integral part of the existing facility for the purposes of satisfying any minimum distance requirements established by a local authority; • amends the definitions in s.163.3164 to: o amend the definition for “density” to reflect dwelling units per acre, rather than the current residents or employees/acre; o provide a definition for “infill residential development” as the expansion of an existing residential development on a contiguous vacant parcel of no more than 20 acres in size within a residential future land use category and a residential zoning district that is contiguous on the majority of all sides by residential development. For the purposes of this definition, “contiguous” is defined as the touching, bordering, or adjoining along a boundary. Properties separated by a roadway, railroad, canal, or other public easement are considered contiguous if they would be contiguous but for the easement; o revise the definition of “Intensity” to provide that the term shall be expressed in square feet per unit of land; o amend the definition of “urban service area,” to mean areas where public facilities and services, including, but not limited to, central water and sewer capacity and roads, are already in place or may be expanded through investment by the local government or the private sector as evidenced by an executed agreement with the local government to provide urban services within the local government’s 20-year planning period; and o amend the definition of “urban sprawl,” to mean an unplanned or uncontrolled development pattern. • amends s.163.3177 to:
Jan. 29, 2024 | Legislative Reporter
APA FLORIDA
Page 7
• •
o require comprehensive plan elements and amendments to be based on relevant data, removes the consideration of community goals and vision as a separate component of a local government’s analysis, and remove a provision that allows local governments to collect and use original data in their analysis; o direct comprehensive plans to be based on the greater of the estimates and projections published by the Office of Economic and Demographic Research or those generated by the local government based on a professionally acceptable methodology; o prohibit optional elements of a comprehensive plan from containing policies that restrict the density or intensity established in the future land use element portion of a comprehensive plan; o require the future land use element to account for: ▪ the amount of land necessary to accommodate single-family, two-family, and fee simple townhome development; ▪ the amount of land outside of the urban service area (excluding lands designated for conservation, preservation, or other public use); and ▪ the encouragement for the location of schools proximate to urban service areas to the extent possible and in all areas necessary to provide adequate school capacity to serve residential development. amends s.163.3187 to increase the maximum size of a small-scale amendment from 50 acres to 150 acres; amends s.163.3202 to: o require local land development regulations to establish minimum lot sizes within single-family, two-family and fee-simple, single-family townhouse zoning districts to accommodate the maximum density authorized in the comprehensive plan, net of the land area required for subdivision roads, sidewalks, stormwater ponds, open space, landscape buffers, and any other mandatory land development regulations that require land to be set aside that could otherwise be used for development of these types of residential use; and o require that applications for infill development must be administratively approved and no comprehensive plan amendment, rezoning, or variance is required if the proposed infill development has the same or less gross density as the existing development and is generally consistent with the development standards, including lot size and setbacks, of existing development. Development orders issued pursuant to this provision are to be deemed consistent with all local comprehensive plans and land development regulations. This provision applies notwithstanding any ordinance existing on July 1, 2024.
Finally, the amended bill includes a severability clause which provides that if any provision of the bill is held invalid with respect to any person or circumstances, the invalidity does not affect other provisions or applications of the bill which can be given effect without the invalid provision or application. SB 1184 (Sen. Ingoglia), which also deals with land use and development regulations, has been referred to three committees. Millage Rates: CS/HB 1195 (Rep. Garrison) was reported favorably, as amended, by the House Ways & Means Committee on Jan. 22 and moves to the House Local Administration, Federal Affairs & Special Districts Subcommittee, its second of three committees of reference. The bill amends s.200.065(5) requiring a two-thirds vote of the governing body of a county, municipality, or independent special district in order to pass any millage rate increase, other than a millage rate increase that already requires a threefourths, unanimous vote, or approval in a referendum under current law. (The exceptions were added in committee.) SB 1322 (Sen. Ingoglia) also deals with millage rates. This bill amends s.200.065 to simply provide that a county, municipality, or independent district may not increase a previous millage rate unless approved by a two-thirds vote of the membership of the governing body of the county, municipality, or independent district. It was reported favorably by the Senate Community Affairs Committee on Jan. 22 and moves to the Senate Finance and Tax Committee, its second of three committees of reference. Public Works Projects: CS/SB 742 (Sen. Grall) was reported favorably, as amended, by the Senate Community Affairs Committee on Jan. 22 and moves to the Senate Governmental Oversight and Accountability Committee, its second of three committees of reference. Jan. 29, 2024 | Legislative Reporter
APA FLORIDA
Page 8
The bill amends s.255.0992 to revise the definition of “public works project” to include all projects paid for with local or state funds, rather than just projects that include state funding. This change prevents the state or political subdivision from imposing the prohibited governmental actions for public works projects paid for with any amount of local funds. The bill does, however, maintains the ability for municipalities and counties to preclude certain contractors from bidding on a public works project based on the geographic location of the contractor’s headquarters or offices, for such public works projects paid solely with local funds. The bill also specifies that the term “public works project” does not include the provision of goods, services, or work incidental to the public works project, such as the provision of security services, janitorial services, landscaping services, maintenance services, transportation services, or other services that do not require a construction contracting license or involve supplying or carrying construction materials for a public works project. CS/HB 705 (Rep. Shoaf), which also revises the definition of “public works project” to include activities paid for with local funds, was reported favorably by the House Local Administration, Federal Affairs & Special Districts Subcommittee on Jan. 19 and moved to the House State Affairs Committee, its second and final committee of reference. Review of Advisory Bodies: HB 1211 (Rep. Botana) was reported favorably by the House Constitutional Rights, Rule of Law & Government Operations Subcommittee on Jan. 24 and moves to the State Affairs Committee, its second and final committee of reference. The bill requires each executive agency with an adjunct advisory body to upload a report by Aug. 15 of each year to the Florida Fiscal Portal website maintained by the Executive Office of the Governor. The report must include the following information: • the statutory authority pursuant to which each advisory body is created; • a brief description of the purpose or objective of each advisory body; • a list indicating the membership of the advisory body, the appointing authority for each member position, whether the member positions are filled or vacant, the term of each member position, and if vacant, when the vacancy occurred; • a list of the meeting dates and times of each advisory body for the preceding three fiscal years; • a brief summary of the work plan for each advisory body for the current fiscal year and the next two fiscal years; • the amount of appropriated funds and staff time used in each fiscal year to support each advisory body; and • a recommendation by the agency, with supporting rationale, to continue, terminate, or modify each advisory body. The bill also requires any law creating or authorizing the creation of an advisory body to include the repeal of the advisory body on Oct. 2 of the third year after enactment. The legislature may save the advisory body from repeal by reenactment of its authority before the date of repeal. An identical bill, SB 276 (Sen. Avila), was passed by the Senate on Jan. 10 and is in the House in Messages. Special Districts: CS/CS/HB 7013 (Rep. Persons-Mulicka) was reported favorably, as amended, by the House State Affairs Committee, its final committee of reference, on Jan. 23 and is placed on the Special Order Calendar for Feb. 1. The bill revises provisions relating to special districts by: • creating a 12-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; • 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; Jan. 29, 2024 | Legislative Reporter
APA FLORIDA
Page 9
• • • • • • • • • • • • •
providing that boundaries of independent special districts may only be changed by an act of the legislature, with an exception for 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 dept 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 Dec. 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 and objectives the district failed to achieve; repealing provisions that allow special districts to convert to a municipality without legislative approval; requiring each petition to create a community development district to contain a sworn affidavit, signed by the petitioner, attesting that a majority of the acreage within the district will be used for residential development; 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; and 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
A similar bill, SB 1058 (Sen. Hutson), is scheduled to be heard in the Senate Community Affairs Committee, its first committee of reference, on Jan. 29. ECONOMIC DEVELOPMENT Unsolicited Proposals for Public-Private Partnerships: CS/SB 870 (Sen. Boyd) was reported favorably, as amended, by the Senate Governmental Oversight and Accountability Committee and moves to the Senate Community Affairs Committee, its second of three committees of reference. The bill amends s.255.065(3) to provide an alternative to the requirement that a responsible public entity (RPE) seek, via competitive procurement, additional proposals after its receipt of an unsolicited proposal that it intends to entertain for contract. The RPE may instead hold a duly noticed public meeting at which it presents the unsolicited proposal and entertains comment from affected public entities and members of the public. At a second duly noticed public meeting, the RPE must present its determination whether the unsolicited proposal is in the public’s interest, based on the: • benefits to the public; • financial structure of and any economic efficiencies that are achieved by the proposal; • submitting private entity’s qualifications and experience, and ability to perform the project; • project’s compatibility with regional infrastructure plans; and • public comments submitted at the meeting. The determination must explain why the proposal should proceed and address any public comments. The RPE must then publish this determination of public interest in the Florida Administrative Register for at least seven days, include the factors it considered in making its determination, and its findings based on those factors. The bill also requires the RPE to specifically determine the public benefits, apart from ownership of the project, if ownership of the project will not be conveyed to the RPE within 10 years of commencement of the project’s public Jan. 29, 2024 | Legislative Reporter
APA FLORIDA
Page 10
operation. This statement must be included in the determination of public interest upon its presentation at a public meeting. This requirement does not apply to projects that are procured pursuant to competitive procurement. The bill also amends s.255.065(5) to make conforming changes, clarifying that the RPE’s duty to rank and competitively negotiate applies only where an unsolicited proposal is submitted and noticed for public bidding. Note that the committee amended the bill to include the requirement for the second public meeting, the requirement that a the RPE include both the factors it considered, and its findings based on those factors in its determination of public interest report, and the requirement that a RPE must present an additional factor in its public benefit determination if ownership of the proposed project will not be conveyed to the RPE within 10 years after the project begins operation. A similar bill, HB 781 (Rep. Clemons, Sr.), is in the House Constitutional Rights, Rule of Law & Government Operations Subcommittee, its first committee of reference. ENVIRONMENT AND NATURAL RESOURCES Environmental Management: CS/HB 789 (Rep. Overdorf), a proposed committee substitute, was reported favorably by the House Water Quality, Supply & Treatment Subcommittee on Jan. 24 and moves to the House Agriculture & Natural Resources Appropriations Subcommittee, its second of three committees of reference. The committee amendments delete previously proposed language that would have revised s.120.595 to entitle a prevailing party to recover reasonable costs and fees when challenging or defending a DEP or water management authorization issued pursuant to Chapters 403 or 373 of the Florida Statute. The committee also deleted previously proposed language requiring a mandated review and specific reporting requirements for DEP and each water management district relating to their respective coastal permitting processes and programs. The amended bill sets a maximum side slope design requirement of a 4:1 horizontal-to-vertical ratio to a depth of at least two feet below the control elevation for a nonindustrial stormwater management system that is accessible to the general public and is in or adjacent to residential or urban areas. The side slope must be stabilized with vegetation to prevent erosion and provide for pollutant removal. The bill provides that a side slope may be designed with a steeper ratio if the slope incorporates adequate temporary and permanent erosion and sediment control best management practices. For purposes of public safety, the bill requires a stormwater management system designed or authorized with a side slope steeper than a 4:1 ratio to be fenced, greenscaped or other barriers installed, sufficient to prevent accidental incursion into the system. The bill limits a cause of action under the Water Quality Assurance Act to damages for real or personal property directly resulting from pollution which was not authorized by any government approval or permit pursuant to Chapter 373 relating to water resources, Chapter 376 relating to pollutant discharge prevention and removal, and Chapter 403 of the Florida Statute. The bill provides that the strict liability exceptions to such a cause of action include those specified in s.376.308 and adds s.376.82 relating to the rehabilitation of a brownfields site. CS/SB 738 (Sen. Burgess), identical to CS/HB 789 as it was originally filed, is scheduled to be heard in the Senate Judiciary Committee on Jan. 29. HOUSING Housing for Agricultural Workers: SB 1082 (Sen. Collins) was reported favorably by the Senate Agriculture Committee on Jan. 23 and moves to the Senate Rules Committee, its final of three committees of reference. The bill amends s.163.3162 to define “agricultural worker” as a person who: • is seasonally or annually employed in agricultural production; • is lawfully present in the United States; • is authorized, and remains allowed, to work; and • has been verified according to the state’s employment eligibility verification requirements. This term includes a migrant farmworker as defined in s.381.008 and a worker with an H2A visa. Jan. 29, 2024 | Legislative Reporter
APA FLORIDA
Page 11
The bill defines “housing site” as the totality of development supporting authorized housing, including buildings, mobile homes, barracks, dormitories, parking areas, common areas, storage structures, and related structures. The bill provides that a governmental entity may not adopt or enforce any legislation which inhibits the construction or installation of housing for agricultural employees on land zoned for agricultural use and operated as a bona fide farm, except as provided by law. The bill provides that local governments may require that a housing site authorized under this section: • must meet all local and state building standards, including migrant farmworker housing standards regulated by the Department of Health and federal standards for H-2A visa housing; • must be maintained in a neat, orderly, and safe manner; • must have structures placed a minimum of 10 feet apart; • may not exceed square footage of 1.5 percent of the property’s area or 35,000 square feet, whichever is less; • must provide 50-foot setbacks on all sides; • may not be located less than 250 feet from a property line adjacent to property zoned for residential use; • if within 500 feet of a property line adjacent to property zoned for residential use, must contain screening consisting of tree, wall, berm or fence coverage at least six feet in height; and • must cover access drives with dust-free material such as packed shell or gravel. The bill also provides that a local ordinance adopted pursuant to this section must comply with state and federal regulations for migrant farmworker housing, and that a local government may validly adopt less restrictive land use regulations. The bill further provides that, beginning July 1, 2024, a property owner must maintain records of all permits for such housing for three years, and make the records available for inspection within 14 days. If agricultural operations are discontinued on the property for at least 365 days, structures used as living quarters must be removed within 180 days after notice from the local government unless the property owner demonstrates that its intended use will resume within 90 days. If the property ceases to be classified as agricultural, housing established under this section is no longer eligible for residential use without further approval under the local jurisdiction’s zoning and land use regulations. Additionally, if Department of Health permits for agricultural housing uses are revoked, structures used as living quarters must be removed within 180 days of notice from the local government unless the permit is reinstated. The bill provides that, notwithstanding the provisions herein, the construction or installation of housing for seasonal agricultural employees in the Florida Keys and City of Key West Areas of Critical State Concern is subject to the permit allocation system. Finally, the bill provides that a housing site constructed and in use before July 1, 2024, may continue to be used, and the property owner may not be required to make changes to meet the requirements of this section, unless the housing site will be enlarged, remodeled, renovated, or rehabilitated. A similar bill, CS/HB 1051 was reported favorably by the House Agriculture, Conservation and Resiliency Subcommittee on Jan. 24 and moves to the House Local Administration, Federal Affairs & Special Districts Subcommittee, its second of three committees of reference. Movable Tiny Homes: CS/HB 557 (Rep. Stevenson), a delete-all amendment, was reported favorably by the House Regulatory Reform & Economic Development Subcommittee on Jan. 24 and moves to the House Transportation & Modals Subcommittee, its second of three committees of reference. The bill allows a movable tiny home, when built in accordance with the Florida Building Code, to be utilized for year-round living. It amends s.320.01(4) to include “movable tiny home” in the definition of “trailer;” and creates s.320.8201 to provide standards for movable tiny homes. Under the bill, a "movable tiny home" means a trailer: • that is transportable unit with a house affixed to a single chassis; • designed to provide permanent living quarters for no more than one household; Jan. 29, 2024 | Legislative Reporter
APA FLORIDA
Page 12
• • • • •
with a body width not exceeding 14 feet; with a total area in set up mode that does not exceed 500 square feet; connected to utilities necessary for operation of installed fixtures and appliances; constructed and inspected in accordance with the Building Code; and with a sticker or other documentation certifying that it was inspected and certified for compliance with the Building Code by a licensed professional engineer, architect, or third-party inspector for compliance with the Building Code.
The bill also requires the Building Commission to review any updates to such codes which pertain to requirements for movable tiny homes. Note there is no Senate companion bill to date. TRANSPORTATION Aviation: CS/HB 981 (Rep. Bankson), a proposed committee substitute, was reported favorably by the House Transportation and Modals Subcommittee on Jan. 25 and moves to the House Infrastructure & Tourism Subcommittee, its second of three committees of reference. The bill deals, in part with “advanced air mobility” (AAM), defined in federal law as a transportation system that transports people and property by air between two points in the United States using aircraft with advanced technologies, including electric aircraft, or electric vertical takeoff and landing (eVTOL) aircraft, in both controlled and uncontrolled airspace. The bill does the following: • provides that it is the intent of the Legislature to promote the development of vertical takeoff and landing aircraft and vertiports that will provide residents and visitors of this state with access to AAM operations; • specifies the approval process for a vertiport and requires FDOT to conduct a physical site inspection of a vertiport as part of the approval process; • directs FDOT to serve as a resource for local governments and developers and operators of vertical takeoff and landing aircraft and vertiports; • directs FDOT to designate an AAM subject matter expert who must be located in the office of FDOT’s District 5; • designates the Greater Orlando Aviation Authority as the AAM test site for this state; and • directs FDOT to provide an AAM report to the Governor and the Legislature by Dec. 31, 2024. Relating to airport regulations more generally, the bill also: • clarifies the definitions of “aircraft” and “airport” and deletes the definition of “ultralight aircraft”; • requires airport land use compatibility zoning regulations to “address”, rather than merely “consider”, the list of things specified in statute; • generally prohibits residential construction and educational facilities within a specified buffer zone adjacent to an airport, if the airport has not conducted a noise study in order to better define adjacent areas that are incompatible with residential construction and educational facilities; and • adds an exception to the buffer zone described above in order to allow residential property within the buffer zone of a public-use airport that has as its sole runway a turf runway measuring less than 2,800 in length. Note that the amended bill deleted previously proposed language that would have done the following: • preempt the determination of suitable sites and standards of vertiports to the state; • prohibits a county or municipality from licensing vertiports or controlling their location, or issuing occupational licenses to operators of vertiports; and • provide that local government land development regulations and zoning requirements do not apply to vertiport sites. Note that there is no Senate companion bill to date.
Jan. 29, 2024 | Legislative Reporter
APA FLORIDA
Page 13
Department of Agriculture and Consumer Services: HB 1071 (Rep. Alvarez), was reported favorably by the House Regulatory Reform and Economic Development Subcommittee on Jan. 24 and moves to the House Agriculture & Natural Resources Subcommittee, its second of three committees of reference. The bill makes a number of changes to regulation 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. An identical bill, SB 1084 (Sen. Collins), is in the Senate Appropriations Committee on Agriculture, Environment and General Government, its second of three committees of reference. Department of Transportation: CS/HB 1301 (Rep. Abbott) was reported favorably, as amended, by the House Transportation and Modals Subcommittee on Jan. 25 and moves to the House Infrastructure & Tourism Appropriations Subcommittee, its second of three committees of reference. The bill addresses matters related to transportation. Specifically, the bill: • removes obsolete language that requires FDOT Secretary to appoint FDOT’s inspector general; • creates flexibility for FDOT by including the use of a tiered system that correlates with the cost of the construction project to meet the required percentage threshold for funding the purchase of plant materials; • expressly authorizes 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; • changes the time period a prepaid toll account can remain dormant from three 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 advertising, enforcing, promoting or displaying a recommendation, requirement or mandate relating to COVID-19 or any variant thereof which is produced, recommended, or enacted by: o the Centers for Disease Control and Prevention; o the U.S. Department of Health; o the Transportation Security Administration and any operating administration thereof; o any other governmental entity; State funds will be withheld until the recommendation, requirement or mandate is no longer being advertised, enforced, promoted or displayed. • 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: ▪ environmental, social, and corporate governance (ESG) interests; ▪ social governance standards, benchmarks and requirements, including, but not limited to, environmental or social justice; ▪ any initiative, action, framework, or target that advances or implements the goals of the Paris Agreement, defined as the resolution adopted by the United Nations Framework Convention on Climate Change’s 21st Conference of Parties in Paris France; ▪ any similar initiative adopted by the Federal Government or any agency thereof to achieve net zero emissions of carbon dioxide; Jan. 29, 2024 | Legislative Reporter
APA FLORIDA
Page 14
• • • •
•
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; provides 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 revert and are appropriated to the STTF; provides that each public transit provider, during a publicly noticed meeting, must annually certify that its budgeted and actual administrative costs are not greater than 10 percent above the annual state average of administrative costs; provides that a public transit provider may not expend state funds directly, indirectly, or through a grant or agreement, for: o a marketing or public awareness campaign in support of any social, political, or ideological interest, whether through a digital or print medium, including the use of any wrap, tinting, or paint on a bus, commercial motor vehicle or motor vehicle; o the use of an asset owned or funded by a public transit provider, including an existing or future asset, which displays, contains, or markets, whether through digital or print medium, any social, political, or ideological interest; and o prohibited activities include the promotion of environmental, social, and corporate governance (ESG) interests or any campaign related to environmental or social justice causes. This does not apply to the acknowledgment of recognized holidays under s.110.117. 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.
SB 1226 (Sen. DiCeglie), which also deals with the Department of Transportation, has been referred to three committees. This bill is more limited than CS/HB 1301 and would do the following: • delete the requirement that the secretary of the department appoint the department’s inspector general; • limit the percentage of the total contract amount which may be allocated for the purchase of plant materials based on the monetary size of the contract; • change the time period a prepaid toll account can remain dormant from three years to 10; • require each public transit provider to certify that its actual administrative costs are no greater than 10 percent above the annual statewide average for administrative costs; and • require the department to preserve a rail corridor within the right of way of Interstate 4 between Orlando and Tampa. LEGISLATIVE NEWS Florida Supreme Court to take up challenge to congressional redistricting plan Jim Saunders | News Service of Florida | Jan. 25 Florida bills could streamline agriculture workforce housing Andrew Shipley | Fox4 Southwest Florida | Jan. 24 U.S. Rep. Maxwell Frost, FL House Dems urge solutions for affordable housing, insurance crisis Jackie Llanos | Florida Phoenix | Jan. 24
Jan. 29, 2024 | Legislative Reporter
APA FLORIDA