March 21, 2025 | Legislative Reporter
This past week was the third week of the 2025 Legislative Session, scheduled to end on May 2.
The Bill Tracking Report, as of March 21, can be viewed here. Please review it to see the filed bills that APA Florida is tracking and their status. 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 interest had action this week.
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. Please note that not all bills are covered in all legislative reports. 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
Alternative Plans Review and Inspections: CS/SB 1134 (Sen. Calatayud) was reported favorably, reflecting an amendment to correct a technical error, by the Senate Community Affairs Committee on March 17 and moves to the Senate Regulated Industries Committee, its second of three committees of reference.
The bill amends s.553.791 to allow private providers to perform “single-trade plans review,” an analogous concept to the existing single-trade inspections provided for in current law. Such single-trade plans review may be conducted using an automated or software-based plans review system to determine compliance with applicable codes, provided that the provider specifies in the required affidavit any such system used. Additionally, where the local building official must issue a permit within 20 business days after receipt of an application and private provider affidavit, the bill requires action within 5 business days if the permit application is related to single-trade plans review for single-family or two-family dwellings.
The bill also expands the universe of valid trade work for which private providers can perform inspections, and now plans review, to include solar energy and energy storage installations or alterations.
Finally, the bill specifically allows private providers to perform single-trade inspections virtually and requires the notice to the building official pursuant to s.553.791(5) include whether inspections will be conducted virtually or in person. A similar bill, CS/HB 1071 (Rep. Benarroch), was reported favorably by the House Industries & Professional Activities Subcommittee on March 19 and moves to the House Intergovernmental Affairs Subcommittee, its second of three committees of reference.
Annexing State-owned Lands: CS/CS/SB 384 (Sen. Burton) was reported favorably, reflecting an amendment, by the Senate Environment and Natural Resources Committee on March 17 and moves to the Senate Rules Committee, its third and final committee of reference.
The bill amends s.171.0413 to provide that, upon advertising for the first public hearing on adopting an ordinance proposing to annex state-owned lands, a municipality must notify by writing or e-mail each member of the legislative delegation of the county in which the land is located. Note that the committee deleted language in the bill that provided that each ordinance proposing annexation may propose only one reasonably compact area to be annexed and reverted back to current law which requires each ordinance to propose only one reasonably compact area to be annexed.
A similar bill, CS/HB 275 (Rep. Albert) was reported favorably by the House Intergovernmental Affairs Subcommittee on March 19 and moves to the House State Affairs Committee, its second and final committee of reference.
Areas of Critical State Concern: HB 995 (Rep. Mooney, Jr.) was reported favorably by the House Natural Resources & Disasters Subcommittee on March 18 and moves to the House Ways and Means Committee, its second of four committees of reference.
The bill requires Monroe County, the Village of Islamorada, and the cities of Marathon, Layton, and Key West to maintain building permit allocation systems limiting the number of building permits issued for new residential dwelling units. The bill also requires the Administration Commission to distribute 500 building permit allocations over a period of at least 10 years. The building permits must be allocated as follows: 283 for Monroe County, 64 for the Village of Islamorada, 103 for the City of Marathon, and 50 for the City of Key West, which must be for affordable housing.
Of the 500 building permit allocations, the bill requires at least 70 percent to be designated as workforce housing, with an exception for those allocations distributed to the City of Key West. The bill defines “workforce housing” to mean residential dwelling units restricted to occupancy by households that derive at least 70 percent of their household income from gainful employment in Monroe County supplying goods or services to Monroe County residents or visitors for at least 99 years. The bill requires the 500 building permit allocations to be awarded to a vacant, buildable parcel, and specifies that only one building permit allocation may be awarded to any parcel, with an exception for those allocations distributed to the City of Key West.
The bill also increases the hurricane evacuation clearance time for permanent residents in the Florida Keys Area of Critical State Concern. The bill requires a hurricane evacuation clearance time of no more than 24.5 hours, or 280 building permit allocations beyond a 24-hour hurricane clearance time, whichever is less, instead of the current 24-hour period.
Furthermore, it specifies that, pursuant to the 2023 completed hurricane evacuation clearance time modeling by the state land planning agency, there are currently 220 permit allocations available within the 24-hour hurricane evacuation clearance time.
It modifies one of the conditions that portions of property in a multifamily project must meet in order to be considered property used for a charitable purpose and therefore eligible to receive an ad valorem property tax exemption. For such property located in an area of critical state concern, instead of requiring the property to be within a newly constructed multifamily project that contains more than 10 affordable housing units, the bill requires the property to have one or more affordable housing units.
The bill exempts a person who enters into a formal contract with the state or any county, city, political subdivision, or other public authority or private entity for the construction, completion, or repair of public buildings or public works from executing the required payment and performance bond if the following conditions are met:
• the work is done on property located within an area of critical state concern that is subject to a long-term ground lease of 99 years or more with Habitat for Humanity International, Inc., or any of its local affiliates, at the discretion of the official or board that owns the subject underlying property in fee simple; and
• the leasehold interest created by the ground lease of 99 years or more is subject to any claims by claimants who are lienors and applicable lien provisions. The underlying real property owned by the state, or any county, city, or political subdivision thereof, or other public authority is not subject to any lien rights established in Chapter 713, F.S.
Finally, the bill extends the period during which at least $5 million of Florida Forever funding must be spent each fiscal year on land acquisition within the Florida Keys Area. Specifically, the bill requires such spending to continue through the 2035-36 fiscal year, instead of ending after the 2026-27 fiscal year.
A similar bill, SB 1326 (Sen. Rodriguez) is scheduled to be heard in the Senate Environment and Natural Resources Committee, its first of three committees of reference, on March 25.
Building Permits for Single-family Dwellings: CS/HB 1035 (Rep. Esposito), a delete-all amendment, was reported favorably by the House Industries and Professional Activities Subcommittee on March 19 and moves to the House Intergovernmental Affairs Subcommittee, its second of three committees of reference.
The bill amends s.125.56 and 553.79 to provide that a building permit issued by a county or local government, respectively, for a single-family dwelling may not expire before 180 days after the issuance of the permit or the effective date of the next edition of the Florida Building Code, which is updated every three years pursuant to s.553.73(7)(a), whichever is later.
The bill also provides that a local government that issues building permits shall not require an owner of a single-family dwelling or an owner’s contractor to obtain a building permit to perform any work, which is valued at less than $7,500, on the single-family dwelling’s lot. However, a local government may require a building permit for any electrical, plumbing, or structural work, not including the repair or replacement of exterior doors or windows, performed on a lot containing a single-family dwelling regardless of the value of the work. A contractor who performs work that does not require a permit must keep a record in writing of the work performed, the property address where the work was performed, and the value of such work as proof that such work meets this requirement.
The bill also amends s.553.792 to provide that a local government must approve, approve with conditions or deny a building permit application within five business days after receiving a complete and sufficient application, for an applicant using a local government plans reviewer to obtain the following building permits for an existing single-family residential dwelling if the value of the work is less than $15,000: structural, accessory structure, alarm, electrical, irrigation, landscaping, mechanical, plumbing, or roofing.
It provides that a permit application for the construction of a single-family dwelling in a jurisdiction for which a state of emergency was issued within the preceding 24 months, and which is signed and sealed with an attestation by a licensed architect or engineer that the plans in the permit comply with the Florida Building Code, is deemed approved. The local government is required to issue the permit within two days after approval.
A similar bill, CS/SB 1128 (Sen. Ingoglia) is in the Senate Regulated Industries Committee, its second of three committees of reference.
Department of Agriculture and Consumer Services: CS/HB 651 (Rep. Tuck and Rep. D. Alvarez), a delete-all amendment, was reported favorably by the House Housing, Agriculture & Tourism Subcommittee, on March 18 and moves to the House Criminal Justice Subcommittee, its second of four committees of reference.
This comprehensive bill makes several changes to regulations related to the Department of Agriculture and Consumer Services.
Of particular interest, the bill creates s.163.3162 to address housing for legally verified agricultural workers. (Added by the committee.) The bill defines “housing site” as the totality of development supporting authorized housing, including buildings, mobile homes, barracks, dormitories used as living areas, parking areas, common areas such as athletic fields or playgrounds, storage structures, and other related structures.
The bill also defines “legally verified agricultural worker” as a person who:
• is lawfully present in the United States;
• meets the definition of eligible worker pursuant to 29 C.F.R. s.502.10;
• has been verified according to the state’s employment eligibility verification requirements and is authorized to work at the time of employment.;
• is seasonally or annually employed in a bona fide agricultural production;
• remains lawfully present and authorized to work throughout the duration of that employment ; and
• is not an unauthorized alien as defined in s.448.095(1)
It also states that a governmental entity may not adopt or enforce any legislation, regulation, or ordinance to inhibit the construction or installation of housing for legally verified agricultural workers on land classified as agricultural land pursuant to s.193.461 which is operated as a bona fide farm, except as provided in this subsection.
Additionally, construction or installation of housing units for legally verified agricultural workers on parcels of lands classified as agricultural land must satisfy all the following criteria:
• must meet federal, local and state building standards, including migrant farmworker housing standards regulated by the Department of Health and federal standards for H-2A visa housing; if written notice of intent is required to be submitted to the Department of Health, the appropriate local governmental entity with jurisdiction over the agricultural lands may also require a copy of the written notice;
• must be maintained in a neat, orderly, and safe manner;
• all structures containing dwelling units must be located a minimum of 10 feet apart;
• the square footage of the housing site’s climate-controlled facilities may not exceed 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 100 feet from a property line adjacent to property zoned for residential use;
• if within 250 feet of a property line, must provide screening, meeting specified designs, between the housing site and any residentially developed adjacent parcels that are under different ownership; and
• must cover access drives with relatively dust-free material such as packed shell or gravel
A local ordinance adopted pursuant to this subsection must comply with all state and federal regulations for migrant farmworker housing, as applicable. A local government may validly adopt less restrictive land use regulations than this subsection, but must meet specified Department of Health regulations and specified federal regulations. However, the ordinance may not conflict with the definition and requirements of a legally verified agricultural worker.
The bill further provides that, beginning July 1, 2025, a property owner must maintain records of all approved permits for migrant labor camps or residential housing for three years, and make the records available for inspection within 14 days after receiving a request by a governmental entity.
Under the legislation, a housing site may not continue to be used and may be required to be removed under the following circumstances:
• if a housing site is not being used for legally verified agricultural workers for longer than 365 days, any structure used as living quarters must be removed with 180 days after receipt of written notice from the county unless the property owner can demonstrate use of the site for housing for legally verified agricultural workers will occur within 90 days;
• if the property on which the housing site is located ceases to be classified as agricultural land pursuant to s.193.461;
• if the housing site permit authorized by the health department is revoked, all structures must be removed within 180 days of notice from the county unless the permit is reinstated by the department; and
• if a housing site is found to be occupied by any person who does not meet the definition of a legally verified agricultural worker, or is otherwise unlawfully present in the United States; the property owner, shall be imposed a Class I fine not to exceed $1,000, for the first violation and a Class II fine, not to exceed $5,000, for any subsequent violations.
The bill proposes that the construction or installation of housing sites for legally verified agricultural workers in the Florida Keys and the City of Key West areas of critical state concern are subject to the permit allocation systems.
Additionally, it states 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 subsection, unless the housing site will be enlarged, remodeled, renovated, or rehabilitated.
It amends s.366.94 to allow local governments to issue permits for charging stations.
The bill also prohibits a local government from adopting any ordinance, regulation, rule, or policy to prohibit, restrict, regulate, or otherwise limit any activities of public education facilities and auxiliary facilities constructed by a board for agricultural education, for Future Farmers of America or 4-H activities, or the storage of any animal or equipment thereof.
It also provides that lands used for agricultural education or for Future Farmers of America or 4-H activities are considered agricultural lands pursuant to s.193.461 and subject to s.823.14.
CS/SB 700 (Sen. Truenow), which also deals with the Department of Agriculture and Consumer Services, is in the Senate Appropriations Committee on Agriculture, Environment, and General Government, its second of three committees of reference.
Land Use and Development Regulations: CS/SB 1118 ( Sen. McClain), a delete-all amendment, was reported favorably by the Senate Community Affairs Committee on March 17 and moves to the Senate Regulated Industries Committee, its second of three committees of reference.
CS/SB 1118 amends various provisions of law relating to comprehensive planning, land use regulations, and homeowners’ associations as follows.
Agricultural Enclaves:
The bill amends s.163.3162 to provide a substantially new mechanism for agricultural enclaves. Under the bill, the owner of an agricultural enclave may apply for administrative approval of development regardless of the future land use map designation of the parcel or any conflicting comprehensive plan goals, objectives, or policies if the owner’s request includes land uses and densities and intensities consistent with those approved for the industrial, commercial, or residential areas surrounding the parcel
A proposed development authorized under this section must be administratively approved within 120 days, and no further action by the governing body of the local government is required. A local government may not enact or enforce regulations or laws more burdensome for agricultural enclave development than other types of development. Development so authorized must be treated going forward as a conforming use, notwithstanding the local government’s comprehensive plan and land use regulations.
Further, a local government must approve an application for development if it otherwise meets the section’s requirements and proposes only single-family residential, community gathering, and recreational uses at a density not exceeding the average density of adjacent parcels. A local government must treat an agricultural enclave adjacent to an urban service district as if it were within the urban service district.
The bill also amends s.163.3164(4) the definition of “agricultural enclave.” The bill expands the definition to include that an agricultural enclave may include multiple parcels. The bill also provides that, as an alternative to the requirement that an enclave be 75 percent surrounded by existing development or planned development, a parcel or set of parcels may be either:
• less than 700 acres 50 percent surrounded by planned development and sharing 50 percent of its perimeter with an urban service district, area, or line satisfies the requirement to be considered an enclave; or
• located within the boundary of a rural study area adopted in the local government’s comprehensive plan as of January 1, 2025, which was intended to be developed with residential uses at a density of at least one dwelling unit per acre and at least 50 percent surrounded by parcels designated for industrial, commercial, or residential purposes.
The amended definition also provides that property not currently equipped with public services may nonetheless be an agricultural enclave if the applicant offers to agree to pay for, construct, or contribute proportionate share for concurrency purposes.
Comprehensive Plan Elements and Amendments:
The bill amends s.163.3162 to provide that, for the purposes of agricultural land uses, the production of ethanol from plants and plant products by fermentation, distillation, and drying is not chemical manufacturing or refining. The section provides that this provision is intended to be remedial and clarifying and, as such, apply retroactively.
It amends s.163.3164(9) the definition of “compatibility” for the purposes of the Community Planning Act, to provide that all residential land use categories, residential zoning categories, and housing types are compatible with each other.
It also amends s.163.3177 to make two amendments to required and optional elements of a comprehensive plan. First, the bill provides that a local government must not mandate that one particular professionally accepted methodology in data
collection in support of a comprehensive plan amendment is better than another. Second, the bill prohibits optional elements of the comprehensive plan from containing policies which restrict the density or intensity established in the future land use element.
The bill also amends s.163.3184(11) to provide that the adoption by ordinance of a comprehensive plan or plan amendment that contains more restrictive or burdensome procedures concerning development must be approved by a supermajority vote of the members of the governing body.
It amends s.163.3184(14) to provide that an owner of real property subject to a comprehensive plan amendment or an applicant for such an amendment not adopted by the local government and who is not provided the opportunity for a hearing within 180 days after filing the application, may file a civil action for declaratory, injunctive, or other relief, which must be reviewed de novo. In such a proceeding the local government has the burden of providing by a preponderance of the evidence that the application is inconsistent with the local government’s comprehensive plan. The court may not use a deferential standard for the benefit of the local government, and shall independently determine whether the local government’s existing comprehensive plan is in compliance.
Land Development Regulations:
The bill amends ss. 125.022 and 166.033 to provide that a county or municipality, respectively, may not require an applicant to install, pay a fee for, or reimburse the costs of a work of art as a condition of processing or issuing a development permit or order.
It amends s.163.3206 to amend the definition of “fuel terminal” to include situations where fuel is transferred and loaded through means other than from a loading rack into trucks or rail cars. Further, the term includes adjacent submerged lands or waters used by marine vessels or marine barges for loading and offloading. The bill further provides that a prohibition on amending land use and development regulations in a manner that would conflict with a fuel terminal’s classification does not apply if the fuel terminal’s owner notifies the local government that the fuel terminal is to be decommissioned. The bill amends s.177.071 to provide that an agency approving a plat, which may include a board, committee, employee, or consultant, shall administer plat submittals and, within 45 days after receipt of a plat submittal, must recommend approval or provide written comments specifying areas of noncompliance. Upon recommending approval, the governing body shall at its next regularly scheduled meeting grant final administrative approval of the plat unless it determines error to have occurred in the recommendation.
Impact Fees:
The bill amends s.163.31801 to provide a definition of “extraordinary circumstance” for the purposes of raising impact fees beyond the statutorily prescribed percentage:
• for a county, an extraordinary circumstance is when the permanent population estimate determined for the county by the University of Florida Bureau of Economic and Business Research is at least 1.25 times the five-year highseries population projection for the county as published immediately before the year of the population estimate
• for a municipality, an extraordinary circumstance is when the municipality is located within a county experiencing extraordinary circumstances as above, and the municipality demonstrates that it has maintained a proportionate share of population growth over the preceding five years
Municipal Annexation:
The bill amends s.163.3167 to provide that, for the purposes of an existing prohibition on initiative or referendum processes regarding land development regulations, the term “land development regulation” includes any code, ordinance, rule, or charter provision regulating or affecting the use of land, including density regulations, municipal boundary lines, and regulations that could otherwise be accomplished or affected through the comprehensive planning process.
The bill also amends s.171.044 to provide that an exclusive method of voluntary annexation provided in a county charter may not affect the powers granted to a municipality to assume control over the land use plan of the annexed area or prevent a municipality from exercising the municipal power to ratify a voluntary annexation. It also provides legislative intent that the grant of authority to charter counties to create a method of voluntary annexation was not intended to prevent municipalities from assuming control over land use regulations. The section is intended to be remedial and clarifying, and as such function retroactively.
The bill also amends s.171.062 to conform with the amendments made above. The section specifies that the assumption of land use regulation by the municipality is a power contemplated in s.4, Art. VIII of the State Constitution, including by those municipalities in counties with charters providing for voluntary annexation. The section is intended to be remedial and clarifying, and as such function retroactively.
Homeowner Associations:
The bill creates Part IV for Chapter 720 introducing the concept of recreational covenants to occupy the subject of amenity fees, dues, and expenses. The bill provides that certain dues may only be imposed and collected as provided in a recreational covenant, specifies requirements for such a document, and provides further requirements for the creation and use of the same.
Local Governing Authorities: SB 1188 (Sen. McClain) was reported favorably by the Senate Community Affairs Committee on March 17 and moves to the Senate Transportation Committee, its second of three committees of reference.
The bill does the following:
• amends s.163.3180 to provide that the construction of public facilities, to include public schools, must be exempt from concurrency, and provides that a local government may grant a construction project at a charter school an exemption from concurrency.
• amends ss.163.31801(5) to provide that, if a local government or special district charges and collects an education impact fee, a developer may contract with a school district or charter school to provide an improvement or contribution, such as a monetary contributions, land dedication, site planning and design, or construction, which must be credited against the collection of the education impact fee at fair market value. The public school that benefits from the improvement or contribution must be within a 3-mile radius of the development and the credits must be approved by the local government or special district.
• amends s.316. 008 to provide that local authorities may not impose or enforce any vehicular stacking ordinance or regulation against any public school or private school during adopted school hours, including during student dropoff and pick-up hours, in a manner that would limit enrollment
• amends s.1002.33 to prohibit local government from also enforcing any local building requirements or sitedevelopment restrictions on charter schools that are more stringent than those found in the State Requirements for Education Facilities of the Florida Building Code and the Florida Fire Prevention Code, and to prohibit a local governing authority from requiring a charter school to obtain a special exemption or conditional use approval to be an allowable use under the local land development code
A similar bill, CS/HB 569 (Rep. Kendall) is in the House Education Administration Subcommittee, its second of three committees of reference.
Local Government Impact Fees and Development Orders and Permits: HB 665 (Rep. Steele) was reported favorably by the House Housing, Agriculture & Tourism Subcommittee on March 18 and moves to the House Intergovernmental Affairs Subcommittee, its second of three committees of reference.
The bill prohibits a local government from requiring an applicant to install a work of art, pay a fee for a work of art, or reimburse the local government for any costs that the local government may incur related to a work of art, as a condition of processing or issuing a development permit or development order.
The bill amends s.163.31801 dealing with impact fees, to define “extraordinary circumstances” to mean:
• for a county, that the permanent population estimate determined for the county by the University of Florida Bureau of Economic and Business Research (UF Bureau) is at least 1.25 times the 5-year high-series population projection for the county as published by the UF Bureau immediately before the year of the population estimate; or
• for a municipality, that the municipality is located within a county with a permanent population estimate described above, and the municipality demonstrates that it has maintained a proportionate share of the county’s population growth during the preceding five-year period
Additionally, the bill requires a local government seeking to increase an impact fee rate beyond current phase-in limitations to identify in its demonstrated-need study the specific projects that will benefit, and how such projects will benefit, from exceeding the phase-in limitations on increases in impact fees.
An identical bill, SB 482 (Sen. DiCeglie) is scheduled to be heard in in the Senate Community Affairs Committee, its first of three committees of reference, on March 25.
Local Government Land Regulation: SB 1080 (Sen. McClain) was reported favorably by the Senate Community Affairs Committee on March 17 and moves to the Senate Judiciary Committee, its second of three committees of reference.
The bill amends s.125.022, F.S. and 166.033, F.S. to require that a county or municipality respectively must 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. Under the bill, the local government must:
• make the minimum information available for inspection and copying at the location where the local government receives applications for development permits and orders;
• provide the minimum information to the applicant at a preapplication meeting; or
• post the minimum information on the local government’s website.
Within 5 business days after receiving an application for approval of a development permit or development order, the bill requires that a local government must confirm receipt of the application using the contact information provided by the applicant. The bill clarifies that, within 30 days after receiving an application for approval of a development permit or order, a local government must review the application for completeness and either issue a written notification to the applicant indicating that all required information is submitted, or specify, with particularity and in writing, any areas that are deficient.
For an application for a development permit or order that does not require final action through a quasi-judicial hearing or public hearing, the bill requires a local government to, within 120 days after the local government has deemed the application complete, approve the application, approve the application with conditions or deny the application.
For an application for a development permit or order that does require final action through a quasi-judicial hearing or public hearing, the bill requires a local government to, within 180 days after the local government has deemed the application complete, approve the application, approve the application with conditions or deny the application.
The bill prohibits a local government from limiting the number of quasi-judicial hearings or public hearings held each month if such limitation causes any delay in the consideration of an application for approval of a development permit or order. Additionally, the bill clarifies that a local government and an applicant may agree in writing to an extension of time for processing an application, particularly in the event of a force majeure or other extraordinary circumstance.
It also provides that these timeframes restart if an applicant makes a substantive change to the application. The term is defined as an applicant-initiated change of 15 percent or more in the proposed density, intensity, or square footage of a parcel.
Furthermore, the bill requires a local government to issue specified refunds to an applicant if timeframes are not met. However, a local government is not required to issue a refund if:
• the applicant and the local government agree to an extension of time;
• the delay is caused by the applicant;
• or the delay is attributable to a force majeure or other extraordinary circumstance.
It also amends s.163.3184 that pertains to the expedited state review process, to provide that the local government is in compliance if the second public hearing is held within the 180-day period following receipt of agency comments, even if the amendments are approved at a subsequent hearing.
A similar bill, HB 579 (Rep. Overdorf) is in the House Intergovernmental Affairs Subcommittee, its second of three committees of reference.
Municipal Water and Sewer Utility Rates: HB 11 (Rep. F. Robinson) was reported favorably by the House Commerce Committee, its final committee of reference, on March 17 and has been placed on the House Special Order Calendar for March 26.
The bill amends s.180.191 to provide that any municipality that operates a water or sewer utility providing service to consumers within the boundaries of a separate municipality using a water treatment plant or sewer treatment plant located within the boundaries of that separate municipality shall charge consumers in the separate municipality the same rates, fees, and charges as it charges the consumers within its own municipal boundaries.
A similar bill, SB 202 (Sen. Jones), is in the Community Affairs Committee, its second of three committees of reference. This bill also includes definitions for facility, wastewater treatment facility and water treatment facility.
Platting: CS/SB 784 (Sen. Ingoglia), a delete-all amendment, was reported favorably by the Community Affairs Committee on March 17 and moves to the Judiciary Committee, its second of three committees of reference.
The bill amends s.177.071 to provide that plat or replat submittals must be reviewed and approved administratively by a designee or designees of the appropriate local governing body within 15 days. In that time, written comments specifying any noncompliance must be provided to the applicant. The submittal must ultimately be approved, approved with conditions, or denied within 30 working days from the submittal. An applicant may, and the governing body may not, request an extension of time.
The bill also creates s.177.1115 to provide that the appropriate governing body must issue street and mailing addresses and individual parcel identification numbers within 14 business days after a plat is recorded. If they fail to do so, an applicant may engage with a private provider, duly registered in this state, to generate the information in accordance with applicable local, state, and national standards. Upon completion, the private provider must submit the assigned address and parcel identification number to the governing body for verification. The governing body must complete its verification process within 5 business days after receiving the submission. If the governing body fails to verify the submitted address and parcel identification number within 5 business days, the address assigned by the private provider must be deemed approved for all official purposes. The governing body may not collect an addressing fee if it fails to issue the required address and parcel identification number within the timeframes specified in this section.
CS/HB 381 (Rep. Holcomb), which also address issuance of address and parcel identification numbers, was reported favorably, reflecting amendments, by the House Agriculture & Tourism Subcommittee on March 18 and moves to the House Intergovernmental Affairs Subcommittee, its second of three committees of reference. The amended bill mandates that within 20 business days after a plat is recorded, the governing body must issue the street and mailing address, along with individual parcel identification numbers. It also stipulates that if the governing body fails to issue these details within the specified 20 business day period, the addressing fee shall be reduced by 10 percent for each business day the body fails to issue such information. Note the committee amended the originally proposed time period of two weeks to 20 business days.
Regulation of Presidential Libraries:
SB 118 (Sen. Brodeur), was passed by the Senate on March 19 and is in Messages to the House.
The bill creates s.257.51 to preempt to the state all regulations of the establishment, maintenance, activities, and operations of any presidential library within its jurisdiction and defers regulation of such institutions to the federal government. It also provides a legislative finding that presidential libraries are unique national institutions designated to house, preserve, and make accessible the records of former presidents.
The bill defines “presidential library” to mean an institution administered or designated under the Presidential Libraries Act, as amended, Pub. L. No. 99-323, established for the preservation and accessibility of presidential records and related historical materials.
The bill prohibits a county, a municipality, or another political subdivision of this state from enacting or enforcing any ordinance, resolution, rule, or other measure governing the establishment, maintenance, or operation of a presidential library or imposing any requirement or restriction thereon, except as otherwise authorized by federal law.
CS/HB 69 (Rep. Andrade), a similar bill, was reported favorably by the House State Affairs, its second and final committee of reference, on March 13 and placed on the House Calendar on Second Reading. This bill does not include the language which preempts regulation to the state.
Sewer Collection Systems: HB 1123 (Rep. Cassel) was reported favorably by the House Intergovernmental Affairs Subcommittee on March 19 and moves to the House Economic Infrastructure Subcommittee, its second of three committees of reference.
The bill amends s.180.03 to authorize municipalities that operate a sewer utility to use revenue generated by a municipality’s operation of a central sewage system to expand the central sewage system.
An identical bill, SB 1784 (Sen Pizzo) is scheduled to be heard in the Environmental and Natural Resources Committee, its first of three committees of reference, on March 25.
Transportation Concurrency: SB 1738 (Sen. Ingoglia) was reported favorably by the Community Affairs Committee on March 17 and is scheduled to be heard in the Transportation Committee, its second of three committees of reference, on March 25.
The bill amends s.163.3180(5) to provide that the capital improvements element shall identify facilities necessary to meet adopted levels of service during a five-year period or to maintain current levels of service.
HB 203 (Rep. Grow), an identical bill, is in the House Housing, Agriculture & Tourism Subcommittee, its first committee of reference. SB 1074 (Sen. McClain), a similar bill, is in the Community Affairs Committee, its first of three committees of reference.
Unlawful Demolition of Historical Buildings and Structures: HB 717 (Rep. Greco) was reported favorably by the House Industries & Professional Activities Subcommittee on March 19 and moves to the House State Affairs Committee, its final committee of reference.
The bill amends s.162.09 to authorize a code enforcement board or special magistrate to impose a fine that exceeds the limits specified in s.162.09 for the demolition of a building or structure that is individually listed on the National Register of Historic Places or is a contributing resource to a district listed on the National Register. To impose the fine, a code enforcement board or special magistrate must find, based on competent substantial evidence, that the demolition of the historic structure was knowing and willful and not permitted or the result of a natural disaster. The fine may not exceed 20 percent of the fair or just market value of the property before demolition, as determined by the property appraiser.
SB 582 (Sen. Leek) an identical bill, is scheduled to be heard in the Senate Government Oversight and Accountability Committee, its second of three committees of reference, on March 25.
CONSTITUTIONAL AMENDMENTS
Term Limits for Members of Boards of County Commissioners and District School Boards: SJR 802 (Sen. Ingoglia) was reported favorably by the Senate Ethics and Elections Committee on March 17 and moves to the Senate Community Affairs Committee, its second of three committees of reference.
The joint resolution bill proposes an amendment to the Florida Constitution to create a new term limit of eight consecutive years for county commissioners. Service in a term of office which commences on or before Nov 3, 2026, (the general election at which the proposal will be on the ballot), will not count toward the new term limit. The joint resolution specifies that existing statutory provisions governing single-member districts after decennial redistricting will still apply. The joint resolution also proposes adding to the Florida Constitution the term limit of eight consecutive years for school board members that currently exist in statute. It maintains the statutory specification that service in a term of office which commenced before Nov. 8, 2022, does not count toward the term limit.
If adopted by the legislature, the proposed amendment will be submitted to Florida’s electors for approval or rejection at the next general election in November 2026. If approved by at least 60 percent of the electors voting on the measure, the proposed amendment takes effect upon such approval.
An identical bill, HJR 679 (Rep. Salzman) was reported favorably by the House Intergovernmental Affairs Subcommittee on March 19 and moves to the House Education Administration Subcommittee, its second of three committees of reference.
ECONOMIC DEVELOPMENT
Local Business Taxes: HB 503 (Rep. Botana) was reported favorably by the House Intergovernmental Affairs Subcommittee on March 19 and moves to the House State Affairs Committee, its final committee of reference.
The bill creates a limitation on the amount of revenue a local government may receive from local business taxes under Chapter 205 based on the revenue from those taxes that the local government received in the local Fiscal Year (FY) ending Sept. 30, 2024, or ending Sept. 30, 2025, whichever is greater (the “revenue base”). If a local government receives more local business tax revenue than the revenue base allows, the local government must proportionally reduce its tax rates and must issue refunds or credits to taxpayers. The bill provides guidance on how those refunds and credits must be calculated and when they must occur.
The bill provides that local business tax rate structures, classifications, and rates may not be increased or modified, other than to repeal them, after Oct. 1, 2025. The limitations created by the bill do not apply to local governments that impose a business tax measured by gross receipts from the sale of merchandise or services, or both, and do not apply to fiscally constrained counties, as defined in s.218.67 or to any municipality within a fiscally constrained county, for any year in which the county meets that definition.
The bill creates a new s.205.046 which requires the local government’s annual financial audit report to include an affidavit signed by the chair of the governing board of the local government stating the local government has complied with the requirements of s.205.0535 as revised by the bill. If the local government has not complied, the affidavit must include a description of the noncompliance and the corrective action taken by the local government to correct the noncompliance and prevent such noncompliance in the future.
The bill also requires the Auditor General to request evidence of corrective action from each local government not in compliance with s.205.0535 and requires such local government to provide evidence of the initiation of corrective action within 45 days and evidence of completion of corrective action within 180 days after the date it is requested by the Auditor General. The Auditor General must notify the Joint Legislative Auditing Committee if the local government does not take corrective action within the specified timeframe or fails to comply with the Auditor General’s request.
SB 1196 (Sen. Truenow), a similar bill, is in the Community Affairs Committee, its first of three committees of reference.
Local Option Taxes: CS/HB 1221 (House Ways & Means Committee), a proposed committee substitute, was reported favorably by the House Ways & Means Committee on March 20 and moves to the House Intergovernmental Affairs Subcommittee, its second of three committees of reference.
The bill requires that for any local discretionary sales surtax, tourist development tax, or local option food and beverage tax in effect on June 30, 2025, for which a referendum must currently be held to enact the tax, the local government must renew such tax on or before Jan. 1, 2033, in accordance with existing requirements for a referendum. If a referendum is not held on or before that date, the surtax will no longer be in effect beginning Jan 1, 2033, unless such levies are pledged for debt service. Any levy pledged for debt service may continue until the debt is retired, and the levy will be subject to renewal the following Jan 1.
The bill also establishes an eight-year maximum time limit for all new levies of discretionary sales and tourist development taxes that are subject to approval by referendum, except for the .25 percent trauma center discretionary sales surtax that may be levied for counties with a population of fewer than 800,000 residents. The bill retains the existing four-year limitation for that surtax.
The bill provides an exception to the eight-year limitation for levies used to service bond indebtedness, and instead of an eight-year limitation, allows for a levy for no more than 30 years if: the ordinance or resolution levying the tax specifies that the proceeds will be used for the purpose of servicing bond indebtedness, and provides specific information on what the debt will be used for, and the ballot voted on in the referendum specifies that the proceeds will be used to service bond indebtedness and includes a brief and general description of what the debt will be used for.
The bill also provides a similar eight-year limitation for the imposition of the local option food and beverage tax under s.212.0306 in those cities in Miami-Dade County that currently levy the municipal resort tax pursuant to Chapter 67-930, L.O.F.
A similar bill, SB 1664 (Sen. Trumbull) is in the Community Affairs Committee, its first of three committees of reference. Rural Communities: CS/SB 110 E1 (Sen. Simon) was passed by the Senate, reflecting a floor amendment, on March 19 and is in Messages to the House.
This comprehensive bill addresses a number of issues for the benefit of rural communities in the state. Namely, the bill creates a statewide office to coordinate the advancement of rural communities and opportunity therein, and amends a number of programs and regulations, related to health, transportation, affordable housing and education, across various departments and policy areas.
The bill generally does the following:
• modifies divisions and offices within the Department of Commerce, adding roles focused on rural prosperity and economic accountability;
• creates several programs aimed at developing infrastructure, including the Public Infrastructure Smart Technology Grant Program and Florida Arterial Road Modernization Program
• enhances healthcare accessibility through programs like the Rural Access to Primary and Preventive Care Grant Program and facilities improvement grants for rural hospitals
• implements educational support mechanisms such as the Rural Incentive for Professional Educators Program to encourage educators to work in rural areas
• adjusts funding mechanisms for various state and local entities to better allocate resources toward rural development initiatives
• supports housing and infrastructure development in rural areas by amending funding allocations and revising eligibility and planning requirements
• improves compliance and reporting measures across numerous rural funding and development programs to ensure efficient use of resources
HB 1427 (Rep. Griffitts, Jr.), a similar bill, is scheduled to be heard in the House Commerce Committee, its first of three committees of reference, on March 24.
ENVIRONMENT AND NATURAL RESOURCES
Advanced Wastewater Treatment: CS/SB 978 (Sen. Bergman), a delete-all amendment, was reported favorably by the Senate Environment and Natural Resources Committee on March 17 and moves to the Senate Appropriations Committee on Agriculture, Environment, and General Government, its second of three committees of reference.
CS/SB 978 provides that, by December 31, 2025, the Department of Environmental Protection (DEP), in collaboration with water management districts and wastewater facilities, must submit to the Governor and Legislature a report detailing specific information about all sewage disposal facilities with a permitted capacity of greater than 1 million gallons per day. The report must include, among other things, the year of construction and any maintenance or upgrades, permitted and actual wastewater treatment volumes, current treatment levels with concentrations of specified contaminants, pollutant load estimates, disposal methods and volumes discharged to receiving waterbodies, spill history, and facility location relative to floodplains and coastal hazards.
The bill provides that, by Dec 31, 2026, DEP must submit a report to the Governor and Legislature outlining a priority ranking process for upgrading all sewage disposal facilities with a permitted capacity of greater than 1 million gallons per day in the state to advanced waste treatment by 2036.
The bill also directs DEP to provide a progress report to the Governor and Legislature on the status of upgrades by June 30, 2027. This progress report must include the priority list identified above, preliminary cost estimates for the upgrades, projected timelines for upgrade commencement and completion, and the anticipated operational start dates of the upgraded facilities.
A similar bill, HB 861 (Rep. Cross) is in the House Natural Resources & Disasters Subcommittee, its first of three committees of reference.
Nature-based Methods for Improving Coastal Resilience: CS/SB 50 E1 (Sen. Garcia) was passed by the Senate, reflecting a floor amendment on March 19 and is in Messages to the House.
The bill amends s.380.0933 F.S. 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
• model the effects, including flood risk reduction and socioeconomic benefits, of conceptual designs of green infrastructure and hybrid green-gray infrastructure, and the integration of green natural systems into gray infrastructure systems, on this state’s coastal resilience
The bill was amended on floor to identify that an executive director appointed by the President of the University of South Florida, or the president’s designee, will lead the Hub.
The bill also creates s.380.0938 to direct the Department of Environmental Protection (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 projects using green infrastructure projects for coastal protection 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 Environmental Resource Permitting process for green infrastructure projects
• 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.
Additionally, for the 2025-2026 fiscal year, the bill provides that the sum of $250,000 in nonrecurring funds from the Resilient Florida Trust Fund is appropriated to the Department of Environmental Protection to conduct the feasibility study for coastal flood risk reduction required in the bill.
CS/HB 371 (Rep. Mooney, Jr.), a similar bill, was reported favorably by the House State Affairs Committee, its final committee of reference, on March 20 and placed on the House Calendar on Second Reading.
Release of Conservation Easements: SB 1142 (Sen. Rodriguez) was reported favorably by the Senate Environment and Natural Resources Committee on March 17 and is scheduled to be heard in the Senate Judiciary Committee, its second of three committees of reference, on March 25.
The bill amends s.704.06 to require a water management to release a conservation easement upon application by the fee simple owner of a parcel of land that is subject to a conservation easement if the following conditions are met:
• the land subject to the easement is less than 15 acres and is bordered on three or more sides by impervious surfaces;
• any undeveloped adjacent parcels of land are less than 15 acres and similarly bordered on three or more sides by impervious surfaces;
• the land contains no historical, architectural, archaeological, or cultural significance; and
• the applicant has secured sufficient mitigation credits using the uniform mitigation assessment method from a mitigation bank in Florida to offset the loss of wetlands located on the land subject to the conservation easement
The bill also provides that upon the water management district’s release of the conservation easement, the ad valorem taxes on the property must be based on the just value of the property, and the property may be used for development that is consistent with the zoning designation of the adjacent lands.
CS/HB 1175 (Rep. Duggan), which deals with mitigation banking, also contains the above provisions and is in House Agriculture & Natural Resources Budget Subcommittee, its second of three committees of reference.
Solar Facilities: CS/SB 1304 (Sen. Bradley) was reported favorably, reflecting an amendment, by the Senate Regulated Industries Committee on March 19 and moves to the Senate Community Affairs Committee, its second of three committees of reference.
The bill makes changes to Florida’s solar energy generating facility regulations in s.163.3205, F.S. by:
• deleting current language which provides that solar facilities are a permitted use in all agricultural land use categories in a local government comprehensive plan and all agricultural zoning districts within an unincorporated area;
• authorizing counties to adopt ordinances requiring decommissioning of solar facilities, over 2 megawatts in gross capacity as defined in s.403.503 F.S., which are constructed on agricultural land, at the end of such facilities’ useful life; and
• authorizing counties to require financial assurance for such decommissioning
Note the committee amended the bill to define 2 megawatts in terms of gross capacity.
A similar bill, HB 1595 (Rep. Koster) is in the House Intergovernmental Affairs Subcommittee, its first of three committees of reference.
Spring Restoration: HB 691 (Rep. Conerly and Rep. Duggan) was reported favorably by the House Natural Resources & Disasters Subcommittee on March 18 and moves to the House State Affairs Committee, its second and final committee of reference.
The bill amends s.403.064 which regulates the reuse of reclaimed water. It provides that a domestic wastewater facility with an approved plan for eliminating nonbeneficial surface water discharge may submit a request to the Department of Environmental Protection (DEP) to amend the plan to incorporate a reclaimed water project identified in an Outstanding Florida Springs recovery or prevention strategy. DEP must approve the request within 60 days after receipt of the request if all the following conditions are met:
• the identified use of reclaimed water will benefit a rural area of opportunity
• the project will provide at least 35 million gallons per day of reclaimed water to benefit an Outstanding Florida Spring
• the project involves more than one domestic wastewater treatment facility
• the project implementation and surface water discharge elimination schedule meets the minimum flows and minimum water levels requirements for Outstanding Florida Springs
An identical bill, SB 1228 (Sen. McClain) is in the Senate Regulated Industries Committee, its second of three committees of reference.
TRANSPORTATION
Transportation: CS/SB 462 (Sen. DiCeglie) was reported favorably, reflecting amendments by the Transportation Committee on March 19 and moves to the Regulated Industries Committee, its second of three committees of reference.
CS/SB 462 addresses various provisions relating to transportation. The bill:
• Revises provisions (added by the committee) regarding metropolitan planning organizations (MPO) to:
o repeal the Metropolitan Planning Organization Advisory Council (MPOAC);
o amend legislative intent regarding MPOs to emphasize: developing multimodal transportation systems, instead of surface transportation systems; and serving the mobility needs of people and freight and fostering economic growth and development throughout the urbanized areas of this state while balancing conservation of natural resource;
o provide that after July 1, 2025, no additional MPOs may be designated in Florida except in urbanized areas where the urbanized area is not contiguous to an urbanized area designated before the 2020 census; and
o repeal the requirement that when there is more than one MPO in an urbanized area, the MPOs must consult with every other MPO in the urbanized area and the state to coordinate plans and transportation improvement programs and to ensure consistency in data used in the planning process
• Amend the considerations required by each MPO in developing its Long-Range Transportation Plan (LRTP) and Transportation Improvement Program (TIP) to include conserving natural resources, instead of promoting energy conservation;
• Additionally, MPOs must consider projects and strategies to reduce traffic and congestion:
o require that the Florida Department of Transportation (FDOT) to at least annually, convene MPOs of similar size, based on population served, to exchange best practices, and authorize MPOs to develop committees or working groups as needed to accomplish such purpose;
o provide that, at FDOT’s discretion, training for new MPO governing board members must be provided by FDOT, an entity pursuant to a contract with FDOT, by the Center for Urban Transportation Research at the University of South Florida, or by the Implementing Solutions for Transportation Research and Evaluation of Emerging Technologies (I-STREET) Living Lab at the University of Florida;
o revise provisions relating to MPO LRTP’s by removing the requirement that multiple MPOs within a contiguous urbanized area to coordinate the development of LRTPs to be reviewed by the MPOAC;
o include public-private partnerships in the list of innovative financing techniques that MPOs may consider;
o regarding transportation enhancement activities, include the integration of advanced air mobility and integration of autonomous and electric vehicles, electric bicycles, and motorized scooters used for freight, commuter or micromobility purposes; remove historic preservation, mitigation of water pollution due to highway runoff, and control of outdoor advertising as potential transportation enhancement activities;
o authorize each MPO to execute a written agreement with FDOT, which must be reviewed, and updated as necessary, every five years, which clearly establishes the cooperative relationship essential to accomplish state and federal transportation planning requirements;
o require FDOT to establish, in collaboration with each MPO, quality performance metrics such as safety, infrastructure condition, congestion relief, and mobility; require each MPO, as part of its LRTP, in direct coordination with FDOT, to develop targets for each performance measure within the metropolitan planning area and report progress toward establishing performance targets for each measure annually in its transportation improvement plan:
▪ distributes $4.167 million monthly in sales tax revenues to the State Transportation Trust Fund to account for the impact of electric and hybrid vehicles;
▪ requires each county to annually submit specified transportation project data to FDOT;
▪ increases maximum allowable speed limits on certain highways by five miles per hour;
▪ authorizes public use airports to participate in the federal Airport Investment Partnership Program and make such airports eligible for certain state funds;
▪ authorizes FDOT to use eminent domain to preserve a corridor for future proposed improvements;
▪ authorizes FDOT to provide workforce development grants to state colleges and school districts to fund elective courses in heavy civil construction;
▪ requires certain studies regarding capacity improvements on limited access facilities to evaluate the use of elevated roadways;
▪ requires certain project development and environmental studies to be completed within 18 months;
▪ specifies that contractors who enter into construction and maintenance contracts with FDOT are providing a service to FDOT;
▪ provides requirements for FDOT to obtain best and final officers from bidders, and for rebidding certain contracts;
▪ revises provisions related to phased design-build contracts;
▪ provides additional insurance requirements for bridge-related contracts over navigable waters;
▪ prohibits FDOT, through the settlement of a bid protest, from creating a new contract unless the new contract is competitively procured;
▪ authorizes FDOT to waive prequalification for certain contracts of $1 million or less;
▪ requires contractors seeking to bid on certain FDOT maintenance contracts to possess the qualifications and equipment needed to perform such work;
▪ increases threshold amounts for contract disputes resolved by the State Arbitration Board;
▪ requires lawsuits related to warranty and construction defect claims made after final acceptance, must be made within 360 days after notification of the claim;
▪ requires certain underground utility facilities to be electronically detectable;
▪ requires utility owners to pay authorities (FDOT and local jurisdictions) reasonable damages for failure to or refusal to timely remove or relocate a utility;
▪ provides requirements for the use of as-built plans as it relates to utility work in the right-of-way;
▪ authorizes FDOT, if certain conditions are met, to reimburse a utility owner for a portion of its relocation costs;
▪ provides procedures for FDOT and the utility owner to follow related to notice requirements, the submission of relocation plans, and the need for additional work;
▪ requires FDOT to establish mediation boards to resolve utility-related disputes and provides requirements for such boards; and
▪ requires FDOT to develop and submit a report regarding the widening of Interstate 4
A similar bill, HB 567 (Rep. McFarland) is in the House Economic Infrastructure Subcommittee, its first of three committees of reference.