Legislative Reporter | Feb. 14

Page 1


Feb. 14, 2025 | Legislative Reporter

The 2025 Legislative Session convenes on March 4, 2025, and is scheduled to end on May 2, 2025.

This past week, the House and Senate called for Special Session C, beginning at noon on Tuesday and ending on Friday, for the exclusive purpose of passing revised legislation to combat illegal immigration. A joint memorandum, issued by Senate President Albritton and House Speaker Perez, can be read here. On Feb. 13, the legislature passed SB 2C and SB 4C and Gov. DeSantis signed them into law. Gov. DeSantis also signed SM 6-C, a memorial that seeks guidance from the secretary of the U.S. Department of Homeland Security about immigration enforcement efforts.

The Bill Tracking Report, as of Feb. 14, can be viewed here. Please review it to see the filed bills that APA Florida is tracking and their status. 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

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.

Since the Feb. 7 Reporter, the following bills of interest have been filed:

SB 462 (Sen. DiCeglie) makes numerous amendments to transportation-related processes and responsibilities related to the Department of Transportation

HB 503 (Rep. Botana) amends several local business tax requirements, including a provision that, beginning Oct 1, 2025, the total revenue generated by the business tax each fiscal year may not exceed the revenue base as defined in the bill, identifying actions that must be taken if that the revenue base is exceeded, including refunds.

SB 556 (Sen. Wright) creates s.193.0181, which deals with resale-restricted affordable housing for homeownership

• provides that resale-restricted affordable housing is a land use regulation and a limitation on the highest and best use of the property during the period the property is resale-restricted; and

• provides that the property appraiser is required to consider this limitation to arrive at just valuation of the property under s.193.011

HB 567 (Rep. McFarland) makes numerous revisions to transportation-related issues:

• includes several amendments to s.339.175 dealing with metropolitan planning districts (MPOs), including providing that after July 1, 2025, no additional MPOs may be designated except in urbanized areas, as defined by the Census Bureau, where the urbanized area boundary is not contiguous to an urbanized area designated before the 2020 census; and

• deletes the MPO Advisory Council.

HB 579 (Rep. Overdorf) revises the process for zoning and development applications:

• requires counties and municipalities to specify in writing the minimum information that must be submitted in an application

• requires confirmation of receipt of an application

• requires written notification to the applicant that it is sufficient or specifying deficient areas, defining “substantive change”; and

• specifies application fee refunds if certain actions by the county or municipality are not timely taken.

(Note this bill is similar to HB 791 which was filed last year by Rep. Overdorf and died on Second Reading.)

SB 582 (Sen. Leek) provides heightened penalties for the unlawful demolition of buildings listed in the National Register of Historic Places or contribution resources to a National Register-listed district.

HB 589 (Rep. Brackett) exempts any agricultural improvements used for an agricultural purpose located on lands classified for assessment purposes as agricultural lands are exempt from assessment, beginning with the 2026 ad valorem tax roll.

SB 592 (Sen. Leek) revises eligibility and requirements for the My Safe Condominium Pilot Program, including limiting participation to condominiums that are three stories or more in height and the structure or building that is the subject of the mitigation grant must include at least one residential unit within such structure or building. (Note this bill is identical to HB 393 [Rep. V. Lopez and Rep. Hunschofsky] identified in the Feb. 7 Legislative Reporter.)

HB 617 (Rep. J. Lopez) allows a local government to approve a project used to provide affordable housing for an ad valorem tax exemption under certain conditions.

HB 621 (Rep. Eskamani) amends s.366.91, which:

• prohibits the drilling or exploration for, or production of, oil, gas, or other petroleum products on the lands and waters of the state;

• provides that a new structure intended to drill or explore for, or produce or transport, oil, gas, or other petroleum products may not be permitted or constructed on the lands or waters of the state; and

• sets a goal for generating all electricity from renewable sources by 2050 and achieving net zero carbon emissions by 2051. (Note Rep. Eskamani has filed similar bills since 2020.)

SB 634 (Sen. Martin) creates s.163.31773 dealing with single-family home ownership categories:

• defines “single-family hybrid use” and “single-family owner use”;

• allows a local government to provide for these two types in the future land use element and in its land development regulations;

• allows a local government to prohibit single-family hybrid use with in a land use category in the future land use element while allowing single-family owner use within that land use category and land use regulations; and

• provides this new section does not apply to property owned or developed by a state or local governmental entity, or to a developer engaged in the construction and sale of new homes while the homes are unoccupied.

(Note that HB 401 (Rep. Jacques), as identified in the Jan. 7 Legislative Reporter, also deals with similar concepts.)

SB 650 (Sen. Leek) revises the criteria for determining hazardous walking conditions for public school students.

SB 700 (Sen. Truenow) is a bill related to the Department of Agriculture and Consumer Services that revises multiple regulations concerning agriculture, utilities, consumer services and health:

• includes a provision that lands owned or leased by an electric utility as defined in s.361.11(2), which may also be the site of solar energy systems as defined in s.212.02(26) and bona fide agricultural uses of the land, and that comply with all other provisions of s.193.461, must be classified agricultural by the property appraiser; and

• includes a requirement that if a proposed power plant site is located on land that has, at any time during the previous five years, been classified as agricultural lands pursuant to s.193.461, the electric utility must submit the plan to the county commission of the county in which the proposed site is located and the county must provide the Public Service Commission with the county commission’s findings upon completion of the preliminary study of the proposed plan.

SB 712 (Sen. Grall) prohibits local governments from adopting or enforcing any ordinance, resolution, order, rule, or policy that prohibits, or is enforced so as to prohibit, property owners from installing synthetic turf on their land The bill also prohibits local governments from adopting or enforcing any ordinance, resolution, order, rule, or policy that regulates synthetic turf installed in single-family residential areas 1 acre or less in size.

SB 736 (Sen. Truenow) makes several revisions related to brownfields rehabilitation, including revising the persons and sites eligible for participation in the brownfield program and revising requirements for such participation.

The following bills of interest had action this week:

The reports focus on bills of particular interest that have had action over the previous week. You can use the Bill Tracking Report to see the status of other bills.

GROWTH MANAGEMENT

Resilient Buildings: CS/SB 62 (Sen. Rodriguez) was reported favorably by the Senate Environment and Natural Resources Committee, reflecting committee amendments, on Feb. 11 and moves to the Senate Finance and Tax, its second of three committees of reference.

CS/SB 62 creates s.220.197, establishing the resilient building tax credit program. This program provides a corporate income tax credit for taxable years beginning on or after Jan. 1, 2026, to owners of “resilient buildings,” defined as buildings with a Leadership in Energy and Environmental Design (LEED) certification of silver, gold, or platinum in Building Design and Construction (BD+C) or Operations and Maintenance (O+M) that meets the requirements for the LEED resilience pathway. The tax credits are based on the type and level of LEED certification and range from $0.50 to $2.00 per square foot annually for five years.

The bill requires building owners to submit an application to the Department of Business and Professional Regulation (DBPR) by March 1 of the year following certification. The application must include documentation evidencing LEED certification, the date on which the certification was granted, and a commitment to report energy use every year for the five-year credit period. DBPR must review the application within 30 days and either approve it and issue an eligibility letter or notify the applicant of ineligibility. The bill provides that the tax credit may be transferred or carried forward for up to five years.

The bill directs DBPR and the Department of Revenue to adopt rules to implement the program.

The bill also creates s. 553.972, which establishes the Florida Resilient Building Advisory Council adjunct to DBPR. This entity is to provide DBPR and the legislature with recommendations on policies to foster and enhance resilient buildings and hurricane resiliency in Florida. The bill provides that members of the advisory council must have specialized knowledge regarding resilient building design and construction, resilient building operations and maintenance, policy innovation and incentives, and building and community challenges. The members will be appointed by the Governor, the President of the Senate, and the Speaker of the House of Representatives. (Note the committee added two additional advisory council members from state universities [Florida International University and the University of Central Florida]. The committee also amended the term and length of the initial appointments).

The bill requires appointments to be made by Aug. 1, 2025. The bill also provides that the council must hold its first meeting by Nov. 1, 2025, meet at least semiannually thereafter, and post proposed policies on DBPR’s website. This section is repealed Oct. 2, 2028, unless it is reenacted by the legislature.

(Note that the original bill identified the Department of Environmental Protection throughout; the committee changed this to the Department of Business and Professional Regulation during its discussion.)

HB 143 (Rep. Barnaby), a similar bill, is in the House Natural Resources & Disasters Subcommittee, its first of four committees of reference.

ENVIRONMENT AND NATURAL RESOURCES

Comprehensive Waster Reduction and Recycling Plan: SB 200 (Sen. Berman) was reported favorably by the Senate Environment and Natural Resources Committee on Feb. 11 and moves to the Senate Appropriations Committee on Agriculture, Environment and General Government, its second of three committees of reference.

SB 200 amends s. 403.7032, to direct the Department of Environmental Protection (DEP) to develop a comprehensive waste reduction and recycling plan by July 1, 2026, based on recommendations from DEP’s “Florida and the 2020 75% Recycling Goal: Final Report.” The bill requires DEP to create and convene a technical assistance group to help develop the plan.

The bill provides that the plan, at a minimum, must:

• 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

◦ local government recycling assistance. DEP must evaluate the benefits and challenges of the former state Recycling and Education Grant Program and provide recommendations for reinstating the program or consider other means of providing assistance to local governments.

◦ recycling materials market development. DEP must consider and recommend plans to develop and promote markets for recycling materials.

The bill directs DEP to provide a report to the Senate President and House Speaker upon completion of the comprehensive waste reduction and recycling plan. The bill requires that the report include any recommendations for statutory changes necessary to achieve the recycling goals and strategies identified in the plan.

HB 295 (Rep. Casello), an identical bill, and HB 189 (Rep. Hart), a bill which also requires DEP to develop a comprehensive waste reduction and recycling plan but includes provisions to incentivize private business recycling, are both in the House Natural Resources & Disasters Subcommittee, their first of three committees of reference.

Nature-based

Methods for Improving

Coastal Resilience: SB 50 (Sen. Garcia) was reported favorably by the Senate Environment and Natural Resources Committee on Feb. 11 and moves to the Senate Appropriations Committee on Agriculture, Environment and General Government, its second of three committees of reference.

SB 50 amends s.380.0933 to direct the Florida Flood Hub for Applied Research and Innovation to develop guidelines and standards for optimal combinations of green and gray infrastructure, to address sea level rise and the impact of storm surges, and to model the effects of green and gray infrastructure on the state’s coastal resilience.

The bill also creates s.380.0938 that directs the DEP to adopt rules governing nature-based methods for improving coastal resilience. The rules must do the following:

• address significant erosion in areas of critical state concern;

• identify ways that new development can avoid or mitigate their impacts on mangrove systems;

• encourage local government entities to develop or participate in mangrove replanting and hydrological restoration programs, and the restoration of oyster reefs, salt marshes, and coral reefs;

• identify and monitor threats to mangroves;

• protect barrier and spoil islands;

• assist efforts to improve coastal resilience using green infrastructure, beach renourishment, dune restoration, living seawalls, shoreline and vegetation planting, stormwater planters, permeable pavements, and ecologically sound building materials;

• promote public awareness of the value of green infrastructure and statewide education campaigns conducted by local government entities;

• identify vulnerable public and private properties along the coastline and encourage partnerships with local governmental entities to create local protection and restoration zone programs for implementing these rules;

• protect and maintain access to and navigation of the marked channel and the right-of-way of the Florida Intracoastal Waterway;

• create permitting incentives and approvals of, and encourage the use of, new strategies and technologies, such as 3D printing, for living shorelines and nature-based features for coastal protection;

• assist in the development of workforce training, including flood and sea level rise research, prediction, and adaptation and mitigation strategies, and provide incentives to local communities that apply for funding through the Workforce Development Capitalization Grant Program to implement such training;

• encourage partnerships with local governmental entities to create green infrastructure projects through the Resilient Florida Grant Program;

• develop guidelines for determining when a green infrastructure project is clearly in the public interest under s.373.414(1)(a);

• streamline the permitting process under s.373.4131 for green infrastructure projects; and

• streamline permitting after designated storm events or disasters to replace failed coastal infrastructure with green or hybrid green-gray infrastructure that follows established green and green-gray design guidelines.

The bill also requires DEP, in consultation with the Division of Insurance Agent and Agency Services, to conduct a statewide feasibility study to determine the value of nature-based methods for coastal flood risk reduction within coastal communities to reduce insurance premiums and improve local governments’ community ratings in the National Flood Insurance Program Community Rating System. The DEP shall submit a report on the findings to the Governor, Senate President and House Speaker by July 1, 2026.

This bill is identical to HB 371 (Rep. Mooney, Jr.) which is in the House Natural Resources & Disasters Subcommittee, its first of three committees of reference.

State Land Management: CS/SB 80 (Sen. Harrell), reflecting committee amendments, was reported favorably by the Senate Environment and Natural Resources Committee on Feb. 11 and moves to the Senate Appropriations Committee on Agriculture, Environment and General Government, its second of three committees of reference.

CS/SB 80, cited as the State Park Preservation Act, amends s.253.034, to require at least one public hearing when conservation and nonconservation land management plans are updated. Current law only requires a public hearing when a land management plan is in development.

The bill also adds a deadline of at least 30 days before the public hearing by which the Department of Environmental Protection’s Division of State Lands must make an electronic copy of land management plans, for both parcels that exceed 160 acres in size and for parcels located within a state park, available to the public.

The bill also amends s.259.032, to require individual land management plans for parcels within a state park to be developed with input from an advisory group. Current law requires the advisory group to hold at least one public hearing within the county in which the parcel or project is located and contains notice requirements for such hearing.

The bill adds to the notice requirements that the public hearing must be noticed at least 30 days before it is held. It also requires that individual land management plans for parcels within a state park must be updated with input from an advisory group. (This last requirement was added by the committee.)

Additionally, the legislation amends s.258.004, to require all lands managed pursuant to the laws on state parks and preserves (Chapter 258) be managed for the greatest combination of benefits to the public and to the lands’ natural resources. The bill also requires lands to be managed for:

• conservation-based public outdoor recreational uses, defined to include fishing, camping, bicycling, hiking, nature study, swimming, boating, canoeing, horseback riding, diving, birding, sailing, jogging, and similar, conservation-based public recreational uses. The bill specifies that the term does not include sports that require sporting facilities, such as golf courses, tennis courts, pickleball courts, ball fields, and other similar facilities;

• public access and related amenities, including roads, parking areas, walkways, and visitor centers; and

• scientific research, including archaeology.

The bill states that these uses must be managed in a manner that is compatible with and that ensures the conservation of the state’s natural resources by minimizing impacts to undisturbed habitat and using disturbed upland regions to the maximum extent practicable.

It also amends s.258.007 to authorize the Division of Recreation and Parks to acquire, install, or permit the installation or operation of camping cabins that have a maximum occupancy of six guests at state parks. The installation and operation of any camping cabin in a state park must be compatible with the park’s land management plan and must be approved pursuant to the statutory requirements for land management plan approval. The bill also requires that camping cabins must, to the maximum extent practicable, be sited to avoid impacting a state park’s critical habitat and natural and historical resources.

Additionally, the legislation prohibits the Division of Recreation and Parks from authorizing uses or construction activities within a state park that may cause significant harm to the resources of the state park. This includes building or altering structures. It directs that any use or construction activity must, to the maximum extent practicable, be conducted to avoid impacts on a state park’s critical habitat and natural and historical resources. The bill further prohibits the Division of Recreation and Parks from installing or permitting the installation at state parks of any lodging establishment as defined in s.509.242. (This prohibition in the original bill version covered installation or operation of lodging facilities; the operation aspect was removed by the committee as it might prevent the operation of Wakulla Lodge or prevent the state from acquiring properties with preexisting lodging establishments.)

Finally, the bill directs DEP to submit a report to the Governor, Senate President, and House Speaker by Dec. 1, 2025 that includes the following information regarding the state park system:

• the number of state parks with amenities or areas that have limited use or are temporarily closed due to needed repairs or inadequate infrastructure necessary to support conservation- based public recreation uses;

• the system’s estimated budget allocation expenditures for the 2023-24 fiscal year, broken down by salaries and benefits, equipment costs, and contracting costs for the following categories: operations, maintenance and repair, park improvement, and administrative overhead; and

• estimated costs associated with the facility maintenance backlog by each state park, including a plan to reduce or eliminate the backlog for the state park system by July 1, 2035, to ensure access to and the safe enjoyment of such public lands for Florida residents and visitors

CS/SB 80, as originally filed, was identical to HB 209 (Rep. Snyder and Rep. Gossett-Seidman), currently in the House Natural Resources & Disasters Subcommittee, its first of two committees of reference.

Legislative

News

Lawmakers pass state crackdown on illegal immigration

The News Service of Florida | WFSU | Feb. 14

Lawmakers Target Golf Courses, Lodges in Parks

The News Service of Florida | Tallahassee Reports | Feb. 12

Florida Chamber of Commerce outlines Session Priorities in “Where We Stand 2025”

Drew Wilson | Florida Politics | Feb. 10,

Florida House bill aims to reduce food insecurity

Paola Tristan Arruda | WESH2 | Feb. 7

Lawmakers propose tax credits to enhance hurricane resilience

Andrew Powell | Florida Politics | Feb. 12

Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.