March 3, 2023 | Legislative Reporter
There were no committee meetings this week, but bills continued to be filed, totaling more than 1,400 bills for this legislative session. Session will begin on March 7 and is scheduled to run through May 5. A summary of the major 2023 Legislative Session can be viewed here.
The Bill Tracking Report, as of March 3, can be viewed here. Please review it to see the bills filed that APA Florida is tracking. Note that these tracking reports contain a new feature; if you click on the bill number, you are linked to more information about the bill.
If you would like any bills added to this report or would like more information about a specific bill, please contact Stefanie Svisco at ssvisco@floridaplanning.org.
Please note: Not all bills are covered in all legislative reports. If a bill was covered in a previous reporter, and no action has taken place since that reporter, the bill will not be discussed until further action has occurred. Thank you.
Since the last update, the following bills of interest have been filed that would do the following:
• Amends s.s.253.025 and 570.715, F.S., to require, rather than authorize, the Department of Environmental Protection and the Department of Agriculture and Consumer Services to disclose appraisal reports to private landowners or their representatives during acquisition negotiations. It also requires private landowners and their representatives to maintain the confidentiality of such reports or information disclosed by these entities and requires final purchase price in certain options contracts for state land acquisitions and less than fee simple conservation easement acquisitions to be the fair market value as determined by the highest appraisal. The bill also removes provisions subjecting the final purchase price in certain contracts to approval by the Board of Trustees of the Internal Improvement Trust Fund or the Secretary of Environmental Protection as applicable. (HB 1271, Rep. Canady and SB 1476, Sen. Simon)
• Amends s.s.125.01055 and s.s.166.04151, F.S., to exclude land designated as an area of critical state concern from county and municipality affordable housing provisions. It also amends s.s.420.9075, F.S., to exclude land designated as an area of critical state of concern within a specific time period from award requirements made to specified sponsors or persons for the purpose of providing eligible housing as part of the local housing assistance plan. (HB 1293, Rep. Mooney, Jr.)
• Amends s.287.057, F. S., to exempt the rating agency services from competitive solicitation requirements for the procurement of commodities or contractual services by the Florida Department of Transportation (FDOT). It also amends Section 6 of s.s.288.9606, F.S., to note that the subsection does not prohibit the use of proceeds of bonds of the corporation for the purpose of financing the acquisition or construction of a transportation facility under a public-private partnership agreement authorized by s.334.30. The legislation also amends s.s.334.044 under powers and duties of FDOT to include that, at its discretion, to expend funds for education and certificate courses; for examination fees; and for license, permit, certification, recertification, membership, and professional registration fees for employees who are required to have a license, permit, certification, membership, or professional registration as a condition of employment. The department may develop policies or procedures for expending funds under this subsection. (HB 1305, Rep. Abbott)
• Creates s.s.166.281, F.S., that would allow the governing authority of a municipality to impose and collect a surcharge of up to 10 percent on municipal utility customers located outside the municipal boundaries. A municipal utility that imposes a surcharge authorized by this section may not use the proceeds of such surcharge in a manner that is substantially similar to the levy of a public service tax by a municipality under s.166.231. (HB 1331, Rep. Busatta Cabrera and SB 1380, Martin)
• Creates s.373.027, F.S., that would prohibit counties and municipalities from adopting laws, regulations, rules, or policies relating to water quality or quantity, pollution control, pollutant discharge prevention, or removal of wetlands. Preempts regulation to the state, providing applicability and construction and requiring the Department of Environmental Projection to notify the Chief Financial Officer of certain violations. Also requires the Chief Financial Officer to withhold state funds to which the county or municipality may be entitled. (SB 1240, Sen. Burgess)
• Amends s.604.73, F.S., to redefine the term “urban agriculture” to include new commercial agricultural uses. Updated to read, “any new or existing noncommercial or new commercial agricultural uses on land that is within a dense urban land area.” (SB 1268, Sen. Rouson)
• Amends s.125.01, F.S., to increase the nonresidential farm building just value threshold for certain special assessments. (HB 1343, Rep. Tuck). The bill also:
o Amends Section 2 of s.s.163.3162 to include Framework Housing construction or installation of housing for migrant farmworkers as defined in s.381.008 is authorized on land zoned for agricultural use and operated as a bona fide farm. Construction or installation of housing under the subsection:
May not exceed 5,000 square feet per parcel of land.
Must meet all local and state building standards for securing a certificate of occupancy.
Does not require approval by ordinance or resolution of the governmental entity where the land is located.
o Amends Section 3(b)(3) of s.193.461, F.S. to include that a local government may not adopt a land use or zoning restriction, condition, or regulation that requires the termination of an agricultural classification or any property or the surrender of an agricultural classification for any
property or the surrender of an agricultural classification for any property owner. Such restrictions, conditions, or regulations adopted before July 1, 2023, are invalid and unenforceable.
• Amends s.553.79 to include that if structure is a nonconforming structure located in a coastal highhazard area which fails to meet Federal Emergency Management Agency standards for new construction or if the structure is determined to be unsafe by the local building official or is ordered to be demolished by a local government with proper jurisdiction. However, a local law, ordinance, or regulation may prohibit or otherwise restrict the demolition of such a structure if the enforcement agency or local building official determines that demolition of the structure is a threat to public safety. Also creates s.553.8991, F.S., the Resiliency and Safe Structures Act. (SB 1346, Sen. Avila)
• Amends s.163.3177, F.S., requiring the schedule for capital improvements in local government comprehensive plans to include a list of certain pollutant load reduction projects pursuant to s.403.067(7). Also requires the schedule to include revising the general sanitary sewer, solid waste, drainage, potable water, and natural groundwater aquifer recharge element requirements for such comprehensive plans. (HB 1379, Rep. Steele)
• Amends s.553.79, F.S., to specify that local building code administrators and inspectors and fire safety marshals and inspectors do not have discretionary authority to change certain building plans under specific circumstances. Amendment includes that if a fire safety marshal or inspector is required to approve the plans of a commercial building or structure, and such plans have already been approved and sealed by the local building department, the local building code administrator or inspector and the fire safety marshal or inspector do not have the discretionary authority to change the plans. Effective date of July 1, 2023. (SB 1394, Sen. Perry)
• Amends s.215.971, F.S., to prohibit certain agency agreements from requiring the expenditure of funds before reimbursement. States that agreements funded with federal or state assistance notwithstanding any other law to the contrary, an agency agreement that provides state or federal financial assistance to a county or municipal entity within a rural area of opportunity, as defined in s.288.0656(2), may not require the county or municipal entity to expend funds in order to be reimbursed. For such counties or municipal entities, an agency may advance funding based on an analysis of estimated costs, pay service providers and vendors directly, or undertake other options to meet the requirements of this section. This subsection may not be construed to alter or limit any other provision of this section. Also amends s.288.018, F.S., to specify that funding provided under the Reginal Rural Development Grant Program as not matching grants and reviews the required criteria the Department of Economic Opportunity must consider approving a participant in the program. (SB 1482, Sen. Simon)
NEWSCLIPS
Lake Okeechobee discharges resume; Army Corps says algae controlled Treasure Coast Newspapers | March 2
Jason Brodeur wants pay-to-play blog posts about elected officials reported with the state Florida Politics | March 1
Buchanan tours Manatee train derailment site, calls for federal attention to aging rails
Sarasota Herald-Tribune | March 2
Bills would allow radioactive byproducts of phosphate mining in roadbed test projects
WUSF Public Media | March 1
Senate, House bills shield private campgrounds from liability claims
Florida Politics | March 1
Federal judge nixes part of Florida’s lobby ban for officeholders
Florida Politics | Feb. 28
DeSantis enacts Disney punishment, appoints oversight board on eve of book launch
USA TODAY | Feb. 27
Experts “cautiously optimistic” on manatee recovery
Axios | Feb. 28
Proposed bills would overturn local pit bull prohibitions
Florida Politics | Feb. 24
