May 1, 2023 | Legislative Reporter
This is the last week of the legislative session. To date, 1,828 bills have been filed and 102 have passed both chambers. At this late date in session, bills that have not made progress in committee are likely not to pass before session is scheduled to end this Friday, May 5.
Every bill passed by the legislature is presented to the governor for approval and becomes a law if the governor approves and signs it, or fails to veto it within seven consecutive days after presentation. If during that period or on the seventh day the legislature adjourns sine die or takes a recess of more than thirty days, the governor has 15 consecutive days from the date of presentation to act on the bill. To track Governor DeSantis’s action on bills, go to flgov.com and click on “2023 Bill Actions” on the right side of the page.
The Bill Tracking Report, as of April 28, 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.
GROWTH MANAGEMENT
Building Construction: CS/CS/HB 89 (Rep. Maggard), which was passed by the House on April 19, was substituted for CS/CS/SB 512 (Sen. Hooper) by the Senate on April 28. The bill was amended on Second Reading and subsequently passed by the Senate on April 28. It is currently in Messages back to the House.
The Senate amendment removed Section 1 of the bill that expanded the scope of work for air conditioning and mechanical contractors. Similar language had been deleted from SB 512 during the committee.
The bill makes changes to notification requirements a local government must provide regarding the specific reasons why building plans do not comply with the Florida Building Code and other specified codes. It amends ss.553.79(2), F.S., to provide that if the building code administrator, plans examiner, or inspector requests another local enforcing agency employee or person contracted by the local enforcing agency to review the plans and such person identifies specific plan features that do not comply with applicable codes, the building code administrator, plans examiner, or inspector, must provide this information to the local enforcing agency.
After a local enforcement agency issues a permit, the local enforcing agency may not make or require any substantive changes to the plans or specifications unless the changes are required for compliance with the Florida Building Code, the Fire Prevention Code, Life Safety Code, or local amendments thereto.
If a local enforcing agency makes or requires substantive changes to the plans or specifications after a permit has been issued, the local enforcing agency:
• must identify specific parts of the plan that do not comply with the applicable codes;
• identify the specific code chapters and sections upon which the finding is based; and
• provide this information to the permitholder in writing.
A plans examiner or inspector who fails to provide the building code administrator with the reasons for making or requiring substantive changes to building plans or specifications is subject to disciplinary action against their certificate. Additionally, a building code administrator who fails to provide a permit applicant or permit holder with the reasons for making or requiring substantive changes to building plans or specifications is subject to disciplinary action against their certificate.
The bill also amends ss.633.208(2), F.S. to:
• provide that if a county, municipality, or special district determines that the building plans for a building permit application do not comply with the Florida Fire Prevention Code or Life Safety Code or local amendments thereto, the local fire official must identify the specific plan features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the determination is based, and provide the information to the permit applicant;
• provide that, after a municipality, county, or special district issues a building permit, it may not make or require any substantive changes to the building plans except those required for compliance with the Florida Fire Prevention Code, or the Life Safety Code, or local amendments thereto. If substantive changes are made or required, the local fire official must identify the specific plan features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the determination is based, and provide the information to permit holder; and
• specify that a local fire official, who is also a certified fire safety inspector, who fails to comply with the requirements identified in the above two bullets, is subject to disciplinary action against their certificate.
Local Government: CS/CS/SB 718 (Sen. Yarbrough) was reported favorably, reflecting committee amendments, by the Senate Rules Committee, its last committee of reference, on April 24 and subsequently passed by the Senate on April 26. It has been placed on the House Special Order Calendar for May 1.
The bill amends the Municipal Annexation or Contraction Act in Ch. 171, F.S. The bill identifies the report a municipality must prepare prior to any annexation or contraction action as a “feasibility study,” and defines the study
as an analysis conducted by qualified staff or consultants of the economic, market, technical, financial, and management feasibility of the proposed annexation or contraction.
As it pertains to contraction, the bill removes the requirement that a municipality provide specific findings when rejecting a petition from the voters in an area desiring to be excluded from the municipal boundaries, and specifies that such rejection is a legislative decision.
The bill also revises the contraction procedures in situations where more than 70 percent of the acres proposed to be contracted are owned by private entities that are not registered electors. The bill requires in these instances that the owners of more than 50 percent of the acreage consent to such contraction. This provision mirrors requirements in current law for municipal annexation.
The committee amended the bill to modify s.163.3167, F.S., to prohibit any initiative or referendum in regard to land development regulations. The committee also added a provision that provides that the amendments included in the bill related to contraction are intended to be prospective in nature and only apply to petitions filed on or after July 1, 2023.
CS/HB 653 (Rep. Canady), a similar bill, is in the House Ethics, Elections & Open Government Subcommittee, its second of three committees of reference.
Vacation Rentals: CS/CS/CS/SB 714 E1 (Sen. DiCeglie) was reported favorably by the Senate Fiscal Policy Committee, its final committee of reference on April 25 and subsequently passed by the Senate with amendments on April 27. It is in Messages to the House.
The bill:
• amends s.509.032(7) to preempt the regulation of advertising platforms to the state;
• amends s.509.032(7) to preempt the licensing of vacation rentals to the state;
• creates s.509.013(17) to define the term “advertising platform”; and
• amends s.212.03 and creates s.509.243, both effective Jan. 1, 2024, to provide requirements, including tax collection and remittance requirements, for an advertising platform.
It also amends ss.509.032(7) to allow any “grandfathered” local law, ordinance, or regulation adopted on or before June 1, 2011, to be amended to be less restrictive or to comply with local registration requirements. Additionally, a local government that had such a grandfathered regulation on June 1, 2011, may pass a new, less restrictive ordinance and states that a local government is not prohibited from adopting a local law, ordinance, or regulation that restricts the maximum occupancy for residential properties that are rented if it is uniformly applied without regard to whether the residential property is used as a vacation rental.
The bill provides that a local government may require vacation rentals to be registered. The registration fee may not exceed $150 for an individual or $200 for a collective vacation rental registration up to 25 individual vacation rentals. A local government may impose a fine for failure to register a vacation rental and may charge a reasonable fee to inspect a vacation rental after registration to verify compliance with the Florida Building Code and the Florida Fire Prevention Code.
A local government registration program may only require the owner or operator of a vacation rental to:
• register no more than once per year; however, a new owner may be required to submit a new application for registration;
• submit identifying information about the owner or the owner’s agents and the subject vacation rental property;
• obtain a license as a transient public lodging establishment issued by the state;
• obtain all required tax registrations, receipts, or certificates issued by the Department of Revenue, a county, or a municipal government;
• update required information on a continuing basis to ensure it is current;
• comply with parking standards and solid waste handling and containment requirements, so long as such standards and requirements are not imposed solely on vacation rentals;
• designate and maintain at all times a responsible party who is capable of responding to complaints and other immediate problems related to the vacation rental, including being available by telephone at a listed phone number 24 hours a day, seven days a week, and receiving legal notices of violations on behalf of the owner (reflected in senate amendment);
• state the maximum occupancy for the vacation rental based on the sleeping accommodations for persons staying overnight at the vacation rental;
• pay in full all recorded municipal or county code liens against the subject property. The local government may withdraw its acceptance of a registration on the basis of an unsatisfied recorded municipal or county code lien; and
• provide guests information related to health and safety concerns and applicable laws, ordinances, or regulations by posting on the property or by delivery to guests (reflected the Senate amendment).
Additionally, the bill requires local governments to review a registration application for completeness and accept or issue a written notice specifying deficient areas within 15 days of receipt of an application. The vacation rental owner or operator may agree to an extension of this time period and such notice may be provided by mail or electronically. If an application is denied, the local government must provide written notice to the applicant and specify with particularity the factual reasons for denial, including a citation to the applicable portions of an ordinance or other legal authority for the denial. The local government may not deny an applicant from reapplying if the applicant cures the identified deficiencies. The bill also provides that an application is deemed accepted if the local government fails to accept or deny the registration within the timeframes.
A local government may terminate or refuse to issue or renew a vacation rental registration if:
• there is an unsatisfied recorded municipal lien or county lien on the property, provided local governments give a vacation rental owner at least 60 days to satisfy the lien before termination the local registration; or
• the premises and its owner are the subject of a final order or judgement lawfully directing the termination of the premises’ use as a vacation rental.
As added through the Senate amendment, the bill states that when the subject premises, the owner, or operator has been found by the code enforcement board or special magistrate pursuant to s.162.06, to have violated a registration requirement authorized pursuant to this paragraph or to have violated a local law, ordinance, or regulation that does not apply solely to vacation rentals, if the local government has issued a written warning or notice after each violation, it may:
• suspend a registration for a period of up to 30 days for three or more violations during a 90-day period; and
• suspend a registration for a period of up to six months for a subsequent violation within six months of the prior suspension period.
It states that the division may grant a temporary license to permit the operation of the vacation rental while the license application is pending and authorizes the division to revoke, refuse to issue or renew, or suspend for no more than 30 days, state vacation rental licenses for certain specified violations.
The bill provides that the application of vacation rental provisions created by the bill do not supersede any current or future declaration or declaration of condominium, cooperative documents, or declaration of covenants or declaration for a homeowners’ association. The bill takes effect July 1, 2023. However, the provisions relating to the regulation of advertising platforms take effect Jan. 1, 2024.
CS/CS/HB 833 (Rep. Duggan), a similar bill, is on the House Calendar on Second Reading.
Agricultural Lands: CS/CS/CS/HB 1343 E1 (Rep. Tuck), was passed by the House, with amendments, on April 28 and is in the Senate Appropriations Committee.
The bill prohibits a county from levying any special assessment on lands classified as agricultural, including nonresidential agricultural structures, unless the revenue from the assessment is pledged for debt service. The House amendments added that the revenue additionally must be necessary to meet obligations of bonds or certificates
issued by the county which remain outstanding on July 1, 2023, including refunds thereof for debt service savings where the maturity of the debt is not extended. For bonds or certificates issued after July 1, 2023, special assessments securing such bonds may not be levied on lands classified as agricultural under s.193.461, F.S. The bill specifies that this prohibition does not apply to nonagricultural structures, including residential and nonresidential structures and their curtilage.
The House amendments changed the proposed term “agricultural employee” to “seasonal agriculture employee” and deleted the previously proposed definition. The bill creates s.163.3161, F.S., to specify that the construction or installation of housing for seasonal agricultural employees working in Florida pursuant to 8.U.S.C. s.1188 is authorized on land zoned for agricultural use and operated as a bona fide farm. Such construction or installation of housing must be meet the following minimum criteria unless the local government has a less restrictive ordinance that is not in conflict with any federal law or requirement in which chase the local ordinance applies (reflected a house amendment):
• located on a parcel of land no less than 10 acres in size;
• must meet, at a minimum, the criteria set forth in 29 C.F.R 1910.142 and 64E-14, Florida Administrative Code (reflected a house amendment);
• may not located within 150 feet of the property line; if the adjoining parcel is zoned for residential use, it must meet certain setback or buffer requirements (reflected a house amendment);
• may not exceed 2,500 heated and cooled square feet per building on an eligible parcel of land (reflected a house amendment);
• may not be more than 3 structures per 10-acre parcel of land (reflected a house amendment); and
• must meet all local and state building standards for securing a residential certificate of occupancy.
Approval of this type of housing does not require approval by ordinance or resolution of the governmental entity where the land is located.
The bill specifies that if agricultural operations are discontinued on the property for a minimum of three years and the agricultural land classification of the property is no longer valid, then the agricultural employee housing is no longer eligible for residential use unless and until approved by the local jurisdiction under its zoning and land use regulations for the intended non-agricultural use.
The House also added a provision that provides that the construction or installation of seasonal agricultural employee housing in the Florida Keys Area of Critical State Concern (ACSC) is subject to the allocation systems of this ACSC and the City of Key West ACSC.
The bill prohibits a county or municipality from requiring the removal or relinquishment of an agricultural classification for land that is subject to a contract for sale that requires a development permit as a condition precedent of sale if the landowner notifies the county or municipality in writing at the time of application for the development permit that the reclassification is requested as a condition precedent for a pending sale of land. The agricultural classification for the land may not be removed or relinquished solely on the issuance of the development permit until such time that the landowner provides written notice to the county or municipality that the contract has closed, and the property has been conveyed to the contract purchaser.
CS/CS/SB 1184 (Sen. Collins), which was similar to the House bill before the recent amendments, is in its third of 3 committees, the Senate Appropriations Committee.
Land Use and Development Regulations: CS/CS/SB 1604 E1 (Sen. Ingoglia) was passed by the Senate with amendments on April 26 and has been placed on the House Special Order Calendar for May 1.
The bill does the following:
• amends ss.163.3177(5)(a) to amend the planning periods for comprehensive plans from at least 5 and 10 years to at least 10 and 20 years;
• amends ss.163.3191(1) to specify that the notification sent by a local government to DEO regarding an EAR determination must include a separate affidavit:
o signed by the county governing body chair or the municipality mayor, attesting that all the elements of its comprehensive plan comply with the requirements of s.163.3191(1);
o including a certification that the adopted plan contains the minimum planning period of 10 year; and
o citing the source and date of the population projections utilized in establishing the 10-year planning period.
• amends ss.163.3191(3) to:
o state that local governments are required, versus encouraged, to comprehensively evaluate and, as necessary, update comprehensive plans to reflect changes in local conditions; and
o add that updates to the required elements and optional elements must be processed in the same plan amendment cycle.
• amends ss.163.3191(4) and adds a new subsection (5) to provide that if a local government fails to provide its EAR notification and affidavit or fails to transmit its plan update within a year of transmitting the notification, it may not initiate or adopt any publicly initiated plan amendments until it complies, unless otherwise required by general law:
o this prohibition does not apply to privately initiated plan amendments;
o the failure of a local government to update its plan in a timely manner is not the basis for the denial of a privately initiated comprehensive plan amendment;
o if a local government fails to update its comprehensive plan, the state land planning agency must provide the required population projections that must be used by the local government and the local government must initiate an update within 3 months of receipt and transmit the update within 12 months;
o if the state land planning agency finds the update is not in compliance, it must establish the timeline to address the deficiencies, not to exceed an additional 12-month period;
o if the update is challenged by a third party, the local government may seek approval from the state land planning agency to process publicly initiated plan amendments that are necessary to accommodate the population growth during the pendency of the litigation; and
o during the update process, the local government can provide alternative population projections based on professionally acceptable methodologies, but only if they exceed the ones provided by the state land planning agencies and only if the update is completed in the timeframe.
• amends ss.163.3202(5) to:
o allow the application of building design element regulations to single-family or two-family dwellings located in a planned unit development or a master planned community that was created before July 1, 2023 (reflected in a senate amendment)
o revise the provision regarding the application of building design regulations to single family or twofamily dwellings within a local government that has a design review board or architectural review board to require that the board has to have been created before Jan. 1, 2020.
• adds a new ss.189.031 (7) dealing with the review of development agreements of independent special districts, and appears on its face to be aimed at the Walt Disney Co. The new language provides that an independent special district is precluded from complying with the terms of any development agreement executed within the three months preceding the effective date of a law modifying the manner of selecting the members of the district’s governing body. The new governing body has four months after taking office to review any development agreement and vote on whether to seek readoption of such agreement. This applies to any development agreement that is in effect on, or is executed after, the effective date of this new section which is stated to be upon becoming law. This new subsection expires July 1, 2028 unless reenacted by the Legislature.
CS/CS/CS/HB 439 (Rep. McClain), which is more expansive than the Senate bill above, was placed on the House Calendar for a Second Reading on April 21. The amended bill:
• revises s.70.51, the Florida Land Use and Environmental Dispute Resolution Act, to allow a negotiated settlement between a property owner and a local government to include the same types of relief that could be
ordered by the special magistrate and provides that a special magistrate’s recommendation or a negotiated settlement between the property owner and the local government may contain relief that would otherwise be inconsistent with the local government’s comprehensive plan if the local government finds the relief protects the public interest served by the comprehensive plan provisions with which it is inconsistent. Also clarifies that any recommendation of the special magistrate with respect to a rezoning is not considered contract zoning;
• amends ss. 163.3177(1)(f) to:
o delete existing language that identifies community goals and vision as a type of relevant data and analysis for required and optional comprehensive plan elements; and
o add language to require support data or summaries be subject to the compliance review process; and
o require that support data or summaries be based on current data and analysis, which is relevant to and correlates to the proposed amendment amends ss.163.3177(1)(f)(2) F.S. to delete existing language that limits how methodology used in data collection may be evaluated and deletes language indicating the local government may use original data if the methodology is professionally accepted.
• amends ss.163.3177(1)(f)(3) to require that the comprehensive plan population estimates (both permanent and seasonal) must be based on the greater of those published by the Office of Economic and Demographic Research or those generated by the local government based on a professionally acceptable methodology;
• amends ss.163.3177(2) to provide those optional elements of a comprehensive plan may not contain policies that restrict the density or intensity established in the future land use element and require that when data is relevant to optional and required elements, consistent data must be used, including population estimates and projections;
• amends ss.163.3177(5)(a) to amend the planning periods for comprehensive plans from at least 5 and 10 years to at least 10 and 20 years;
• amends ss.163.3177(6)(a) to:
o expand the data regarding the amount of land needed to accommodate anticipated growth, on which future land use plans and amendments must be based, to include the amount needed to accommodate single- or two-family, and fee simple townhome development;
o expand the data on which future land use plans and amendments must be based to include the amount of land located outside the urban service area, excluding lands designated for conservation, preservation, or other public use; and
o encourage the location of schools proximate to urban service areas (current law says urban residential areas) and encourage the location of schools in all areas as necessary to provide adequate school capacity to serve residential development.
• amends ss. 163.3191(1) to specify that:
o the EAR evaluation must include a determining if plan amendments are necessary to reflect a minimum planning horizon of at least 10 years;
o the notification sent by a local government to DEO regarding an EAR determination must include a separate affidavit:
signed by the county governing body chair or the municipality mayor, attesting that all the elements of its comprehensive plan comply with this paragraph;
including a certification that the adopted plan contains a minimum planning period of 10 years; and
cite the source and date of the population projections utilized in establishing the 10-year planning period.
• amends ss.163.3191(3) to add that local governments:
o must, versus are encouraged to, evaluate changes in local conditions and, as necessary, update comprehensive plans to reflect these changes; and
o must process required and optional elements in the same plan amendment cycle.
• amends ss.163.3191(4) and add a new subsection (5) to provide that if a local government fails to provide its EAR notification and affidavit or fails to transmit a plan update within a year of transmitting the notification,
it may not initiate or adopt any publicly initiated plan amendments until it complies, unless otherwise required by general law:
o this prohibition does not apply to privately initiated plan amendments;
o the failure of a local government to update its plan in a timely manner is not the basis for the denial of a privately initiated comprehensive plan amendment;
o if a local government fails to update its comprehensive plan, the state land planning agency shall provide the required population projections to be used by the local government and the local government must initiate an update within three months of receipt and transmit within 12 months. During the update process the local government can provide alternative population projections but only if they exceed the ones provided by the state land planning agencies and only if the update is completed in the time frame;
o if the update is found not to be in compliance, the state land planning agency must establish the timeline to address the deficiencies, not to exceed an additional 12-month period; and
o if the update is challenged by a third party, the local government may seek approval from the state land planning agency to process publicly initiated plan amendments that are necessary to accommodate the population growth during the pendency of the litigation.
• amends s.163.3202 to require that land development regulations must:
o establish minimum lot sizes within single- and two-family, and fee simple, single-family town-home zoning districts to accommodate the maximum density authorized in the comprehensive plan, net of the land area required to be set aside for subdivision roads, sidewalk, stormwater ponds, open space, landscape buffers and other mandatory land development regulations that require land to be set aside that could otherwise be utilized for the development of these types of housing; and
o establish infill development standards for single- and two-family homes and fee-simple townhome dwelling units to allow for the administrative approval of these types of development.
• amends ss.163.3202(5) to:
o delete existing language that allows the application of building design element regulations to singlefamily or two-family dwellings located in a planned unit development or a master-planned community;
o revise the provision regarding the application of building design regulations to single- or two-family dwellings within a local government that has a design review board or architectural review board to require that the board has to have been created before Jan. 1, 2020; and
o delete the definition of planned unit development and master-planned community.
• amends ss.163.31801(7) dealing with impact fees, to provide that if a local government adopts an alternative mobility funding system in s.163.3180(5)(i), the holder of a transportation or road impact fee credits which were in existence before the adoption is entitled to the full benefit of the density or intensity prepaid by the credit balance as of the date the impact fee was first established;
• creates s.163.32021 dealing with the affordable housing approval process. This would provide that an applicant of a development order of an existing development of housing that demonstrates, at the time of submission of the application, that at least 25 percent of the dwelling units are affordable as defined in s.420.0004 may be granted approval to expand development to adjacent property in any future land use category if at least 25 percent of the new dwelling units are affordable, as defined in s.420.0004 at the time of the initial sale or lease:
o the development order granting an application for this proposed development must be issued in accordance with Chapter 120 and applicable rules, and may not require further action by the local governing body if the new development is consistent with the same land development standards, including but not limited to, lot size and setbacks, as the existing development. An issued development order Is deemed to be consistent with the local government’s land development regulations
o notwithstanding any other law, local ordinance, or regulation to the contrary, an application submitted under this provision that requires a zoning or land use change may not be approved. A development order issued under this new subsection is deemed to be in compliance with the local comprehensive plan;
o upon issuing a development order approving the proposed development, a local government may not restrict:
the density of the new development below the density of the existing development; and
the height of the new development below the highest currently allowed height in the existing development.
o except as otherwise provided in this new provision, a development approved under it must comply with all state and local laws and regulations; and
o these provisions are self-executing and do not require the local government to adopt an ordinance or local regulation before using this approval process.
• amends s.163.3208 dealing with the substation approval process, to make a number of changes, among which are the following:
o change the term “distribution electric substation” to “electric substation” and include accessory administration or maintenance buildings and related accessory uses and structures to its definition; and
o allow local governments, except for electric substations in s.163.3205(2)c, to adopt and enforce land development regulations for existing electric substations, as well as for new ones.
• adds a new ss.189.031 (7) dealing with the review of development agreements of independent special districts, consistent with the change made in CS/CS/SB 1604 described above and which appears on its face to be aimed at the Walt Disney Company.
Local Regulation of Nonconforming or Unsafe Structures: CS/CS/CS/SB 1346 E1 (Sen. Avila) was passed by the Senate on April 28, with amendments adopted on Second Reading, and is in Messages to the House.
The bill creates s.553.8991, which establishes the Resiliency and Safe Structures Act, and applies to all of the following qualifying structures:
• “nonconforming structures” on properties that are, or have a portion that is, seaward of the coastal construction control line and that are also within zones V, VE, AO, or AE, as identified in the Flood Insurance Rate Map issued by FEMA;
• any structure determined to be unsafe by a local building official; and
• any structure ordered to be demolished by a local government that has proper jurisdiction.
The bill defines “nonconforming structure” as a structure that does not conform to base flood elevation requirements for new construction issued by the National Flood Insurance Program.
Reflecting a Senate amendment, the bill now specifies that this new section does not apply to any of the following structures;
• a structure individually listed on the National Register of Historic places;
• a single family home;
• a structure within an area of critical state concern;
• a structure located within a municipality that has a total population of 10,000 or less according to the most recent decennial census; and
• a structure located in a municipality within which there are at least three buildings that were originally erected more than 200 years ago.
The bill provides that a local government (municipality, county, special district, or any other political subdivision of the state) may not prohibit, restrict, or prevent the demolition of any qualifying structure identified in this new section for any reason other than public safety.
A local government may review an application for a demolition permit sought pursuant to this section only administratively for compliance with the Florida Building Code, Florida Fire Prevention Code, and the Life Safety Code, or local amendments thereto, and any regulation applicable to a similarly situated parcel. The local government may not subject an application to additional land development regulations or public hearings.
The bill requires that a local government authorize “replacement structures” to be developed to the maximum height and overall building size authorized by local development regulations. A “replacement structure” is defined as a new structure built on a property where a structure was demolished or will be demolished in accordance with this section.
A local government may not do any of the following:
• limit, for any reason, the development potential of replacement structures below the maximum allowed by the local development regulations;
• require replication of a demolished structure;
• require preservation of any element of a demolished structure; and
• impose additional regulatory or building requirements on a replacement structure, demolished pursuant to this section, which would not otherwise be applicable to a similarly situated vacant parcel.
The Senate also added language to provide that development applications submitted for replacement structures must be processed in accordance with the process outlined in the local land development regulations, including any required public hearings before the local historic board. However, the local government may not impose additional public hearings or administrative processes that would not otherwise be applicable to a similarly situated vacant parcel.
The bill states that s.553.8991 applies prospectively and retroactively to any “law” – defined to include any statute, ordinance, rule, regulation, policy, resolution, code enforcement order, agreement, or other governmental act - that is contrary to this section or its intent. The bill also provides that it does not apply to s.553.79(25), which deals with the demolition of single-family residential structures in certain high-hazard areas and flood zones.
The bill also includes a preemption provision that prohibits a local government from adopting or enforcing a law that in any way limits the demolition of any structures or that limits the development of replacement structures that fall under this section. A local government may not penalize an owner or developer of a replacement structure for a demolition pursuant to this section or otherwise enact laws that defeat the intent of this section. Any local government law contrary to this section is void.
CS/CS/HB 1317 (Rep. Roach), a similar bill, is on the House Calendar on Second Reading.
ECONOMIC DEVELOPMENT
Economic Development: CS/CS/CS/HB 1209 E1 (Rep. Shoaf) was passed unanimously by the House, reflecting an amendment on Second Reading, on April 26 and has been referred to the Senate Fiscal Policy Committee.
The bill amends s.271.971 to require agency agreements that provide state or federal financial assistance to a county or municipality which is a rural community or rural area of opportunity to include a provision allowing for the payment of certain invoices for verified performance.
The bill also makes a number of changes to economic development programs.
Related to the Regional Rural Development Grants Program, the bill:
• removes the match requirements; and
• removes the requirement for local governments and private businesses to make financial or in-kind commitments to the regional organization.
Related to the Rural Infrastructure Fund, the bill:
• allows the Department of Economic Opportunity (DEO) to award grants for up to 75 percent of the total infrastructure project cost, an increase from 50 percent;
• allows DEO to award grants for up to 100 percent of the total infrastructure project cost for a project located in a rural community or a rural area of opportunity, if the county is also fiscally constrained; and
• removes the requirement related to infrastructure feasibility studies and other infrastructure planning activities that grants awarded be limited to 30 percent of the total project cost.
Related to the Florida Development Finance Corporation, the bill:
• removes the repeal of the corporation in current law; and
• provides that after July 1, 2023, the corporation may not establish any new residential Property Assessed Clean Energy (PACE) agreements.
Related to Triumph Gulf Coast, Inc., the bill:
• specifies that awards for public infrastructure projects may include projects for workforce housing and clarifies that awards for public infrastructure projects may include support for workforce housing properties owned by a local government in a disproportionately affected county; and
• defines workforce housing as rented or leased housing for residents of the eight disproportionately affected counties.
Related to the Everglades Restoration Agricultural Community Employment Training Program, the bill:
• specifies definitions and changes the phrase “areas of high agricultural unemployment” to “Everglades Agricultural Area and rural areas of opportunity with a boundary that is within 75 miles of the Everglades Agricultural Area that provide for water storage and dispersed water storage as part of the Everglades restoration efforts.” (reflects a floor amendment);
• specifies that DEO must prioritize grants under the Everglades Restoration Agricultural Community Employment Training Program that assist training programs located in a rural area of opportunity with a boundary that is within 75 miles of the Everglades Agricultural Area (reflects a floor amendment);
• clarifies that the legislature also supports projects to improve the economy in rural areas of opportunity with a boundary that is within 75 miles of the Everglades Agricultural Area that provide for water storage and dispersed water storage as part of the Everglades restoration efforts (reflects a floor amendment);
• allows grant funds provided to employer-based or institution-based training programs to be used for the purchase of training equipment, hiring instructors or any other purpose directly associate with the program (the addition of institution-based training programs to this provision reflects the floor amendment);
• provides that, for the first six months of each fiscal year, 50 percent of the appropriated funds must be set aside to fund employer-based training programs; any unencumbered funds remaining undisbursed from this set-aside at the end of the 6-month period may be used to provide funding for institution-based training programs (reflects a floor amendment); and
• revises the amount of time a resident must reside in the area to receive a grant for tuition to a training program, under the Everglades Restoration Agricultural Community Employment Training Program, to the preceding 12 months; allows tuition grants to be given to participants who reside in a rural area of opportunity with a boundary that is within 75 miles of the Everglades Agricultural Area that provides for water storage dispersed water storage as part of the Everglades restoration effort (the latter provision reflects the floor amendment).
Rural Development: CS/CS/SB 1482 (Sen. Simon), which also deals with rural economic development programs, was reported favorably, reflecting committee amendments, by the Senate Fiscal Policy Committee, its last committee of reference, on April 25 and placed on the Senate Special Order Calendar for May 2.
The bill modifies economic initiatives relating to rural development including certain agreements funded with federal or state assistance and the Rural Infrastructure Fund. The bill provides that agency agreements that provide state or federal financial assistance to a county or municipality that is a rural area of opportunity (RAO) must include a provision allowing the agency to provide for the payment of certain invoices to the county or municipality for verified and eligible performance that has been completed in accordance with the agreement.
The bill amends the Rural Infrastructure Fund to:
• increase the maximum grant award from 50 percent to 75 percent of the total infrastructure cost, or up to 100 percent of the total infrastructure project cost for a project that is located in a rural community which is also located in a fiscally constrained county, or a RAO;
• remove the requirement that projects must be linked to specific job-creation or job-retention opportunities;
• remove the currently permitted use of funds for improving access, availability, and improvement of broadband Internet service (this deletion was done by a committee);
• increase the maximum grant for infrastructure feasibility studies, design and engineering activities, or other infrastructure planning and preparation activities to $300,000 for all projects and removes the limitation that the grant not exceed 30 percent of the total project cost;
• remove the 50 percent local matching fund requirement for surveys, feasibility studies, and other activities related to the identification and preclearance review of land which is suitable for preclearance review; and
• removes the requirement that a grant for an employment project create or retain a minimum number of jobs.
Note that the Senate Fiscal Policy Committee also amended the bill to delete previously proposed language dealing with the Regional Rural Development Grants Program.
Economic Development: CS/CS/SB 1664 (Sen. Hooper), was reported favorably by its last committee of reference, the Senate Fiscal Policy Committee, on April 25, with a committee substitute. It has been placed on the Senate Special Order Calendar for May 3.
As amended by the committee substitute, the bill now eliminates Enterprise Florida, Inc. (EFI), and provides that all duties, functions, records, existing contracts, administrative authority, and unexpended balances of appropriations and allocations relating to the programs in EFI are transferred by a type two transfer to the Department of Commerce, which the bill creates by the renaming of the Department of Economic Opportunity (DEO). Duties related to international trade and development are transferred to a new direct-support organization under the department. The transition must be complete by December 1, 2023. The bill appropriates $5 million to the new international trade direct-support organization; $5 million and 20 FTE to DEO; and $2 million to EFI to implement the transition.
The bill repeals the following obsolete or expired economic development incentive programs: Entertainment Industry Tax Credit; Corporate income tax credits for spaceflight projects; Qualified defense contractor and space flight business tax refund program; Tax refund for qualified target industry businesses; Economic Gardening Business Loan Pilot Program; Economic Gardening Technical Assistance Pilot Program; Quick Action Closing Fund; Innovation Incentive Program; Florida Small Business Technology Growth Program; New Markets Tax Credit; Microfinance Loan Program; Quick Action Closing Fund; Golf Hall of Fame; and International Game Fish Association World Center facility. Existing contracts authorized under programs remain in force, however, new certifications or agreements may not be made.
The bill also renames the Division of Strategic Business Development as the Division of Economic Development, and eliminates the Film Advisory Council. The bill requires the Florida Sports Foundation (recreated in the bill) and VISIT Florida to contract with the newly named Department of Commerce as a direct-support organization of the department.
The bill also makes numerous conforming and technical changes.
ENVIRONMENT AND NATURAL RESOURCES
Saltwater Intrusion Vulnerability Assessments: SB 734 (Sen. Polsky) was reported favorably by its last committee of reference, the Senate Appropriations Committee on April 25 and passed unanimously by the Senate on April 27. It is now in Messages to the House.
The bill amends the Resilient Florida Grant Program to authorize the Department of Environmental Protection (DEP) to provide grants to coastal counties to conduct vulnerability assessments analyzing the effects of saltwater intrusion on their water supplies and the counties’ preparedness to respond to such threats, including water utility infrastructure, wellfield protection, and freshwater supply management. Each vulnerability assessment must include:
• the county’s primary water utilities;
• maps of the county’s freshwater wellfields and latest saltwater intrusion impact lines;
• projections of saltwater intrusion over the next decade; and
• an analysis of the costs necessary to relocate freshwater wellfields anticipated to be impacted.
The bill requires the DEP to use the information from counties’ saltwater intrusion vulnerability assessments to update the Comprehensive Statewide Flood Vulnerability and Sea Level Rise Data Set. DEP must also make any appropriate information from the vulnerability assessments available to the public on its website. The bill requires the DEP to provide 50 percent cost-share funding, up to $250,000, for each grant awarded. A county with a population of 50,000 or less is not required to contribute to the cost share.
An identical bill, HB 1079 (Rep. Cross) is in the House Agriculture, Conservation and Resiliency Subcommittee, its first of three committees of reference.
State Land Acquisition: CS/HB 7047 (Rep. Buchanan) was passed unanimously by the House on April 26 and has been referred to the Senate Fiscal Policy Committee. The bill makes various changes to the Florida Forever Program and the Rural and Family Lands Protection Program (RFLPP). Specifically, with respect to the Florida Forever Program, the bill:
• dedicates $100 million annually to the program from the Land Acquisition Trust Fund;
• increases the contract price for a land acquisition agreement that requires approval by the Board of Trustees of the Internal Improvement Trust Fund (Board) from $1 million to $5 million;
• revises appraisal requirements to increase the appraisal amount that requires a second appraisal to be conducted from $1 million to $5 million;
• requires the Department of Environmental Protection (DEP) to disclose appraisals to private landowners or their representatives during negotiations for acquisition;
• clarifies that the Board or, when applicable, DEP may acquire parcels of land for the full value of that parcel as determined by the highest approved appraisal;
• specifies that the Board is authorized to acquire lands that complete critical linkages through fee or lessthan-fee acquisition that will help preserve and protect the state’s green and blue infrastructure and vital habitat for wide-ranging wildlife, such as the Florida panther, with the Florida Wildlife Corridor;
• requires the Acquisition and Restoration Council (ARC) to give increased priority to projects within the Florida Wildlife Corridor and projects in imminent danger of development, loss of significant natural attributes or recreational open space, or subdivision.
In addition, for RFLPP, the bill:
• requires the Department of Agriculture and Consumer Services (DACS) to:
o update the RFLPP priority list and submit it to ARC by March 1, 2024. Any acquisitions for which funds have been obligated before July 1, 2023, to pay for an appraisal are not impacted by the updated priority list;
o give priority to lands in imminent danger of development or degradation as well as lands within the Florida Wildlife Corridor; and
o disclose appraisal reports to private landowners or their representatives during negotiations for acquisition.
• revises appraisal requirements to increase the appraisal amount that requires a second appraisal to be conducted from $1 million to $5 million; and
• specifies that DACS acquisitions only require approval by the Board of Trustees of the Internal Improvement Trust Fund when the purchase price exceeds $5 million.
Environmental Protection: CS/CS/HB 1379 (Rep. Steele and Rep. Overdorf) was passed unanimously by the House on April 26 and has been referred to the Senate Fiscal Impact Committee. The major topics in this bill include wastewater treatment, onsite sewage treatment and disposal systems (OSTDSs), sanitary sewer services, basin management action plans (BMAPs), the wastewater grant program, the Indian River Lagoon (IRL), and the acquisition of state lands, and the Florida Forever Act. (Read the legislative staff report for an overview of the whole bill.) Among the provisions related to acquisition of state lands and the Florida Forever Act, the bill does the following:
• require DEP to disclose appraisal reports to private landowners or their representatives during negotiations for Florida Forever acquisitions;
• clarify the Board of the Internal Trust Fund (Board) may or, when applicable, DEP may acquire parcels of land for the full value of that parcel as determined by the highest approved appraisal;
• specifies that the Board is authorized to acquire lands that complete critical linkages through fee or less-thanfee acquisition;
• require DACS, by March 1, 2024, to submit an updated priority list to the Acquisition and Restoration Council (ARC) and specifies that any acquisitions for which funds have been obligated prior to July 1, 2023, to pay for an appraisal may not be impacted by the updated priority list;
• require ARC to give increased priority to projects in imminent danger of development, loss of significant natural attributes or recreational open space, or subdivision, which would result in multiple ownership and make acquisition of the project costly or less likely to be accomplished, and requires ARC to give lands located within the corridor increased priority;
• dedicate $100 million annually to DEP from the Land Acquisition Trust Fund for the acquisition of lands through the Florida Forever Program;
• require DACS to give priority to lands in imminent danger of development or degradation as well as lands within the Corridor;
• require DACS to submit purchase agreements to acquire perpetual, less-than-fee interest in land, to enter into agricultural protection agreements, and to enter into resource conservation agreements to the Board only if the purchase price exceeds $5 million;
• revise the appraisal requirements applicable to RFLPP acquisitions to increase the appraisal amount that requires a second appraisal to be conducted from $1 million to $5 million and allows, if both appraisals of a parcel exceed $5 million and differ significantly, a third appraisal to be conducted; and
• require DACS to disclose appraisal reports to private landowners or their representatives during negotiations for RFLPP acquisitions.
The bill also contains provisions that impact local government comprehensive plans as follows:
• amends ss.163.3177(3)(a) to include that, where applicable, the capital improvement schedule must include a list of projects necessary to achieve the pollutant load reduction attributable to the local government, as established in a basin management action plan pursuant to s.403.067(7);
• amends ss.163.3177(6)(c) to require that the sanitary sewer, solid waste, drainage, potable water, and natural groundwater aquifer recharge element addresses coordinating the treatment or upgrade in treatment of facilities to meet future needs, and prioritize advanced waste treatment for increased capacity;
• creates ss.163.3177(6)(c)(3) to require that in the sanitary sewer, solid waste, drainage, potable water, and natural groundwater aquifer recharge element, for any development of more than 50 residential lots, built or unbuilt, with more than 1 onsite sewage treatment and disposal system per 1 acre, the element must:
o consider the feasibility of providing sanitary sewer services within a 10- year planning horizon;
o an onsite sewage treatment and disposal system is presumed to exist on a parcel if sanitary sewer services are not available at or adjacent to the parcel boundary;
o must identify the name and location of the intended wastewater facility to receive sanitary sewer flows after connection; the capacity of the facility and any associated transmission facilities; the projected wastewater flow at that facility for the next 20 years, inclusive of expected future new construction and connections of onsite sewage treatment and disposal systems to sanitary sewer; and a timeline for the construction of the sanitary sewer system; and
o be updated in the comprehensive plan to include this information by July 1, 2024. This does not apply to a local government designated as a rural area of opportunity.
CS/CS/SB 1632 (Sen. Brodeur), a similar bill, was reported favorably, reflecting committee amendments, by the Senate Fiscal Policy Committee, the final committee of reference, on April 25 and has been placed on the Senate Calendar on Second Reading for May 2.
TRANSPORTATION
Department of Transportation: CS/CS/CS/SB 64 (Sen. Hooper), was reported favorably by the Senate Fiscal Policy Committee, its final committee of reference, on April 25, with a committee substitute. The bill was subsequently placed on the Senate Special Order Calendar for April 28 but was temporarily postponed on Second Reading and currently is retained on the calendar.
The bill contains various provisions relating to the Florida Department of Transportation (FDOT). The bill does the following:
• adds to Florida’s Move Over Law a disabled motor vehicle that is stopped and displaying warning lights or hazard lights or using emergency flares or posting emergency signage or is stopped and one or more persons are visibly present (added by committee substitute);
• revises provisions regarding airport land use compatibility zoning regulations and noise studies at airports (added by committee substitute);
• requires FDOT to coordinate with specified entities to establish standards by which the State Highway System (SHS) roads will be graded according to their compatibility with the operation of autonomous vehicles and requires incorporation of the grading standards into standards for specified transportation projects;
• revises the FDOT’s duty to provide a workforce development program and requires FDOT to allocate $5 million to the workforce development program beginning in the 2023- 24 fiscal year and annually thereafter for five years, to promote career paths in this state’s road and bridge industry (added by committee substitute);
• codifies the existing Implementing Solutions from Transportation Research and Evaluation of Emerging Technologies Living Lab, provides its minimal duties, requires a specified annual report, and creates an advisory board;
• revises the definition of “certified for use,” prohibits a producer from representing that an aggregate is certified for use unless such shipment is in compliance with FDOT’s rules, and requires a local government to accept electronic proof of delivery as an official record for a material delivery on the local governmental entity’s transportation project (added by committee substitute);
• requires each contract let by FDOT for performance of bridge construction or maintenance over navigable waters to contain a provision requiring marine general liability insurance, in an amount determined by FDOT, which covers third-party personal injury and property damage caused by vessels used by the contractor in the performance of the work;
• requires FDOT to implement strategies to reduce the cost of all project phases while ensuring the design and construction of project meet applicable federal and state standards, and to track such strategies and the projected savings to be realized therefrom;
• authorizes FDOT to share a portion of the construction cost savings realized due to a change in the construction contract design and scope, initiated after execution of the contract, with a design services consultant or a construction engineering and inspection services consultant to the extent that the consultant’s input and involvement contributed to such savings, not to exceed ten percent of the construction cost savings realized;
• clarifies that stipends paid by FDOT to non-selected design-build firms that have submitted responsive proposals for construction contracts contained in FDOT’s legislatively approved work program are not subject to existing documentation and notification requirements for stipend payments made by FDOT to resolve a bid protest through a settlement;
• revises authorization for an applying contractor who desires to bid exclusively on construction contracts with proposed budget estimates of $2 million (rather than $1 million) to submit reviewed (rather than audited, certified) annual or reviewed interim financial statements prepared by a certified public accountant;
• authorizes an applicant for an FDOT contractor certificate of qualification to submit with a timely submitted application a request to keep an existing certificate, with the current maximum capacity rating, in place until the expiration date;
• repeals a current provision of law providing temporary confidential and exempt status from public records requirements for a document that reveals the identity of a person who has requested or obtained a bid package, plan, or specifications pertaining to any project to be let by the FDOT;
• increases the allowable height of modular news racks, including advertising thereon, from 56 inches to 105 inches, but retains the limitation on total advertising space of 56 square feet (added by committee substitute);
• repeals a provision prohibiting FDOT from requesting legislative approval of a proposed turnpike project until the design phase of that project is at least thirty percent complete;
• requires increased coordination and consultation between Metropolitan Planning Organizations (MPOs); prohibits an MPO from performing project production or delivery for capital improvement projects on the SHS; revises various provisions to apply to contiguous urbanized metropolitan areas; requires certain MPOs to consider proportional representation of the area’s population when selecting technical advisory committee membership; abolishes the Chairs Coordinating Committee and requires the MPOs serving Hillsborough, Pasco and Pinellas Counties to submit a feasibility report exploring possible consolidation into a single MPO serving the contiguous urbanized area, with specified goals; and revises provisions relating to the MPO Advisory Council (added by committee substitute);
• provides legislative findings relating to aggregate supply chain demands on the Strategic Intermodal System and the transportation network; requires funding from the State Transportation Trust Fund (STTF) for seaport and rail line and rail facility projects that meet the public purpose of providing increased capacity and capability to move and store construction aggregate; provides project selection criteria; authorizes FDOT to adopt rules; and repeals these provisions on July 1, 2028, unless reenacted by the legislature (added by committee substitute); and
• revises multiple provisions relating to railroad special officers (added by committee substitute).
Transportation: CS/CS/CS/HB 425 E1 (Reps. Esposito and Andrade), reflecting a strike-all amendment on Second Reading, was passed unanimously by the House on April 26 and has been referred to the Senate Fiscal Policy Committee.
The amended bill does the following:
• expands Florida’s existing Move Over Law to include disabled vehicles;
• requires the Florida Department of Transportation (FDOT) to coordinate with specified entities to establish standards by which the State Highway System will be graded according to their compatibility with the operation of autonomous vehicles;
• amends s.333.03(2) dealing with the adoption of airport zoning regulations to provide that where a specified noise study has not been conducted, the mitigation, versus prohibition, of potential incompatible uses associated with residential construction and educational facilities should be considered in the airport land use compatibility zoning regulations;
• codifies the Implementing Solutions from Transportation Research and Evaluating Emerging Technologies (ISTREET) Living Lab within the University of Florida and provides for its duties relating to transportation research, education, workforce development, and related issues;
• provides that a producer of construction aggregates (gravel, sand, etc.) may not represent that an aggregate is certified for use unless such aggregate complies with FDOT rules;
• provides that a local governmental entity must accept an electronic proof of delivery for construction materials;
• requires FDOT contracts for bridge work over navigable waters to require a marine general liability insurance provision in an amount determined by FDOT;
• requires FDOT to implement strategies to reduce project costs while still meeting applicable federal and state standards;
• authorizes FDOT to share up to 10 percent of construction cost savings with design and engineering consultants whose input was involved in realizing the cost savings;
• authorizes a contractor who desires to bid exclusively on construction contracts with proposed budget estimates of $2 million or less (increased from $1 million) to submit reviewed, rather than audited financial statements;
• authorizes an applicant for a contractor certificate of qualification to submit a request to keep an existing certificate, with the current maximum capacity rating, in place until the expiration date of the existing certificate;
• repeals a public records exemption for documents that reveal the identity of a person who has requested or obtained a bid package, plan, or specifications pertaining to any project to be let by FDOT;
• authorizes specific information panels to be placed on rights-of-way if specified conditions are met;
• authorizes FDOT to request legislative approval of a proposed turnpike project regardless of how complete the project’s design phase is;
• amends s.339.175 dealing with metropolitan planning agencies (MPOs) to:
o require each MPO designated for an area to consult with every other MPO designated for the area and the state to coordinate plans and transportation improvement programs and ensure, to the maximum extent practicable, the consistency of data used in the planning process;
o provide that an MPO may not perform project production or delivery for capital improvement projects on the State Highway System;
o require that, in developing the long-range transportation plan and transportation improvement program, MPOs must consider the contiguous urbanized metropolitan area and project/strategies for improving the resilience of transportation infrastructure;
o require that membership of an MPO technical advisory committee must consider the proportional representation of the area’s population and include intermodal logistics centers;
o require a report, due by Dec. 31, 2023, regarding the consolidation of the MPOs serving Hillsborough, Pasco, and Pinellas Counties which explores the benefits, costs, and process of consolidation into a single MPO serving the contiguous urbanized area. The report is to be done by these three MPOs and submitted to the Governor, Senate President and House Speaker; and
o revise provisions regarding the powers and duties of the MPO Advisory Council.
• creates s.339.651, Strategic Intermodal System supply-chain demands, to require that the FDOT must specifically address in its transportation plans, including the Florida Transportation Plan and the Strategic Intermodal System Plan, the movement and storage of construction aggregate materials essential for building roadways;
• requires FDOT to make $20 million available each year to provide for the movement and storage of aggregate;
• authorizes FDOT to use $5 million from the State Transportation Trust Fund for workforce development; and
• removes the requirement that railroad police be appointed by the Governor and gives them arrest powers in every county in which the railroad operates.
Department of Transportation: CS/CS/CS/HB 1305 E1 (Rep. Abbott), reflecting amendments on Second Reading, was passed by the House on a 87 to 28 vote, on April 27. It has been referred to the Senate Fiscal Policy Committee. This bill relates to the Florida Department of Transportation (FDOT) and does the following:
• increases the maximum debt service coverage level for the State Transportation Trust Fund from $350 million to $425 million;
• increases the term from 12 to 18 years for state bonds for federal aid highway construction;
• allows the DOT to provide 100 percent of project costs, under the Intermodal Logistics Center Infrastructure Support Program, for eligible projects in rural areas of opportunity (this provision was adopted on Second Reading);
• authorizes the Florida Development Finance Corporation to finance certain FDOT-related public private partnership projects;
• authorizes installation of automated license plate recognition systems within the rights-of-way of the State Highway System at FDOT’s discretion when installed at the request of a law enforcement agency for the purpose of collecting active criminal intelligence or investigative information;
• provides that FDOT may not, when granting airport site approval, require a written memorandum of understanding or letter of agreement with other airport sites regarding air traffic pattern separation procedures unless it is required by the FAA or is deemed necessary by FDOT;
• allows the FDOT to fund up to 100 percent of eligible project costs of all of the following at a publicly owned, publicly operated airport located in a rural community as defined in s. 288.0656 which does not have any scheduled commercial service:
o capital cost of runway and taxiway projects that add capacity. Such projects must be prioritized based on the amount of available nonstate matching funds; and
o economic development transportation projects pursuant to s.339.2821 (this provision was adopted on Second Reading).
• amends the definition of a temporary airport and provides that site approval shall be granted for a temporary airport only after receipt of documentation in the form and manner FDOT deems necessary to specified conditions; this documentation must be included with the application for a temporary airport registration, and the bill specifies notice requirements for the receipt of the registration application (this language was adopted on Second Reading);
• authorizes FDOT to acquire promotional items and materials to promote electric vehicle use and charging and autonomous vehicles;
• authorizes FDOT, at its discretion, to expend funds for training, testing, and licensing for full-time FDOT employees who are required to have a valid Class A or Class B commercial driver license as a condition of employment with FDOT;
• increases from $120 million to $200 million the cap on innovative transportation project contracts that FDOT may annually award, and provides that the cap applies to design-build contracts (the latter provision was adopted on Second Reading);
• increases FDOT’s contracting cap where it is not required to receive competitive bids in certain circumstance from $250,000 to $500,000;
• expands the potential use of phased design-build by FDOT by authorizing them for any DOT project, not just specified ones;
• require that, by Dec. 31, 2023, the MPOs serving Hillsborough, Pasco and Pinellas Counties must submit a feasibility report exploring the benefits, costs, and process of consolidation into a single MPO serving the contiguous urbanized area to the Governor, Senate President, and House Speaker (this language was adopted on Second Reading);
• requires that public transit development plans of eligible providers of public transit block grants be consistent, to the maximum extent feasible, with the long-range transportation plans of the metropolitan planning organization in which the provider is located;
• removes the requirement that each public transit provider’s productivity and performance report specifically address potential enhancements to productivity and performance that would have the effect of increasing the farebox recovery ratio;
• requires public transit providers to publish productivity and performance information on its website, instead of in the local newspaper;
• transfers the Santa Rosa Bay Bridge Authority’s bridge system to FDOT and authorizes FDOT to transfer it to the Florida Turnpike Enterprise;
• repeals the Santa Rosa Bay Bridge Authority in statute; and
• provides that, upon the bill becoming law, the Greater Miami Expressway Agency is reestablished subject to revised powers and duties outlined in the bill (this language was adopted on Second Reading).
CS/CS/CS/SB 1250 (Sen. DiCeglie), a similar bill, was reported favorably by its last committee of reference, the Senate Fiscal Policy Committee, on April 25, with committee amendments. It was placed on the Senate Special Order Calendar for April 28, subsequently temporarily postponed and is currently retained on the calendar.
The bill contains the Florida Department of Transportation’s (FDOT) 2023 legislative proposals. The bill:
• increases the maximum amount of debt service coverage that may be transferred from the State Transportation Trust Fund to the Right-of-Way Acquisition and Bridge Construction Trust Fund from $350 million to $425 million (added by committee substitute);
• increases the maximum term of state bonds for federal aid highway construction from 12 to 18 years;
• provides that the prohibition against use of bond proceeds for acquisition of any building or facility that will be, during the pendency of financing, used by, occupied by, leased to, or paid for by any state, county or municipal agency or entity does not prohibit the use of proceeds from Florida Development Finance
Corporation (Corporation) private activity bonds to finance acquisition or construction of a transportation facility under a public-private partnership;
• authorizes the Corporation to issue revenue bonds to finance the costs of acquisition or construction of a transportation facility by a private entity or a consortium of private entities under a specified public-private partnership;
• authorizes the FDOT to fund up to 100 percent of project costs for eligible intermodal logistics center projects in rural areas of opportunity;
• authorizes installation, as specified, of automated license plate recognition systems within the rights-of-way of the State Highway System at the discretion of the FDOT when installed at the request of a law enforcement agency for the purpose of collecting active criminal intelligence or investigative information;
• prohibits the FDOT from requiring an applicant for airport site approval to provide a copy of a written memorandum of understanding or letter of agreement with other airport sites regarding air traffic pattern separation procedures unless such memorandum or letter is required by the Federal Aviation Administration or is deemed necessary by FDOT;
• authorizes the FDOT, subject to availability of appropriated funds, and unless otherwise provided in the General Appropriations Act or the Implementing bill, to fund certain projects at a publicly owned, publicly operated airport located in a rural community that does not have any scheduled commercial service;
• authorizes the FDOT to purchase promotional items for the promotion of electric vehicle use and charging stations, autonomous vehicles, and context design for electric vehicles and autonomous vehicles;
• authorizes the FDOT to expend funds, within its discretion, for training, testing, and licensing for full-time employees of the FDOT who are required to have a valid Class A or Class B commercial driver license as a condition of employment with the FDOT;
• increases from $250,000 to $500,000 the cap on entering into contracts for construction and maintenance without advertising and receiving competitive bids for reasons of public concern, economy, improved operations, or safety, and only when circumstances dictate rapid completion of the work;
• increases from $120 million to $200 million the annual cap on the award of contracts using innovative techniques of highway and bridge design, construction, maintenance, and finance (added by committee substitute);
• revises requirements for design-build contracts, allowing the FDOT to combine the design and construction phases of any transportation project (added by committee substitute);
• authorizes the FDOT to enter into phased design-build contracts under specified conditions, provides requirements for such contracts, and requires the FDOT to adopt rules for administering such contracts (added by committee substitute);
• abolishes the Chairs Coordinating Committee and requires the metropolitan planning organizations (MPOs) serving Hillsborough, Pasco, and Pinellas counties from to submit a feasibility report by Dec. 31, 2023, exploring the benefits, costs, and process of consolidation into a single MPO serving the contiguous urbanized area, with specified goals;
• requires that public transit development plans of eligible providers of public transit block grants be consistent, to the maximum extent feasible, with the long-range transportation plans of the metropolitan planning organization in which the provider is located;
• requires the FDOT to adopt by rule minimum safety standards for certain fixed-guideway transportation systems operating in this state and to conduct structural safety inspections of such systems as specified (added by committee substitute);
• removes from annual public transit provider reports a requirement to specifically address potential enhancements to productivity and performance that would have the effect of increasing farebox recovery ratio; and requires each public transit provider to publish on its website, rather than in the local newspaper, the productivity and performance measures established for the year and a report on attainment of such measures; and
• repeals part IV of Chapter 348, F.S., relating to the creation and operation of the Santa Rosa Bay Bridge Authority; transfers governance and control of the Authority and its bridge system and any remaining assets
and rights to the FDOT; authorizes the FDOT to assume legal liability for contractual obligations determined to be necessary and authorizes transfer of the bridge system to the Turnpike.
Note that the committee substitute also removes from the bill an extension of the expiration date of a provision allowing the chair and vice chair of the Legislative Budget Commission to authorize an FDOT work program amendment if the Commission does not meet or consider the amendment within 30 days after its submittal
Regional Transportation Planning: CS/HB 1397 E1 (Rep. McClure), was passed unanimously by the House on April 25, reflecting a strike all floor amendment, and has been referred to the Senate Fiscal Policy Committee.
The bill provides legislative intent to explore transformative changes to the policy management structure of HART to achieve organization efficiencies with the goal of streamlining decision making, improving transparency, and enhancing the effectiveness of local and regional public transit service delivery.
The bill requires DDOT, or its consultant, to conduct a study reviewing aspects of HART’s organizational structure and operations, including, but not limited to, the following:
• the HART charter to evaluate the authority’s governance structure, including governing board membership, funding, representation, terms, powers, duties and responsibilities;
• financial assets and obligations;
• facilities and operations;
• issues, advantages, disadvantages, and actions regarding the dissolution of HART as an agency and options to continue transit services in Hillsborough County in the absence of HART, including service delivery, funding, and asset management;
• issues, advantages, disadvantages, and action required regarding collaboration, consolidation, or merger with other transportation service providers in the Tampa Bay region within or adjacent to Hillsborough County, including service delivery, funding and asset management;
• policies adopted by the HART governing board and the proposal of amendments related to governance, roles, and responsibilities of governing board officers, the executive administrator or chief executive officer, and the general counsel; and
• any other natters deemed necessary or appropriate by the department.
By Jan. 1, 2024, the department shall submit a report detailing the results of the study to the Governor, the Senate President, and the House Speaker.
A similar bill, CS/SB 1532 (Sen. Burgess) was reported favorably the Senate Fiscal Policy Committee, its final committee of reference, on April 20, and is now on the Senate Special Order Calendar for May 3.