BILL SUMMARY DETAILS

CS/CS/HB 3 (Rommel) attempts to eliminate the consideration of environmental, social and governance (ESG) from government investment strategies, procurements, bond issuances and use of banks. Provisions relevant to local governments include: 

•Requires fiduciaries of all government retirement plans to make investment decisions that consider only pecuniary factors that do not include the consideration or furtherance of any social, political or ideological interests. By December 15, 2023, and by December 15 of each odd-numbered year thereafter, each government retirement system or plan shall file a comprehensive report detailing and reviewing the governance policies concerning decision-making in vote decisions and adherence to the fiduciary standards as required by the bill. 

•Prohibits local governments from the issuance of bonds used to further an ESG purpose. The bill defines ESG bonds to include bonds that will be used to finance a project with an ESG purpose including, but not limited to, green bonds, Certified Climate Bonds, GreenStar designated bonds and other environmental bonds marketed as promoting an environmental objective; social bonds marketed as promoting a social objective; and sustainability bonds and sustainable development goal bonds marketed as promoting both environmental and social objectives. 

•Requires that any contract between a government entity and an investment manager include provisions requiring a disclaimer be included in any communications discussing ESG interests from the investment manager. The disclaimer must state: “The views and opinions expressed in this communication are those of the sender and do not reflect the views and opinions of the people of the State of Florida.” 

•Amends the definition of a “qualified public depository” to prohibit government entities from depositing funds in banks that make it a practice to deny or cancel services of its customers based on a person’s political opinions, speech, affiliations, lawful ownership or sales of firearms, production of fossil fuels or other factors related to ESG. Pursuant to current law, all public deposits may only be deposited in a qualified public depository.

•Amends procurement requirements of all governmental entities to prohibit government bodies from giving a preference to vendors based on ESG factors or requesting information from vendors related to ESG. 

Effective date: July 1, 2023. (Cruz)

HB 1455 (Altman) and SB 1514 (Wright) would require all governmental agencies that use a drone not produced by an approved manufacturer to submit to the Department of Management Services a comprehensive plan for discontinuing the use of such drone by July 1, 2026. (Branch)

HB 727 (Rayner-Goolsby) and SB 778 (Rouson) authorize local governments to enact land development regulations to allow for small-footprint grocery stores within food insecure areas. Food insecure areas are areas where people have limited access to affordable, healthful and nutritious foods. The bills define a small-footprint grocery store as a store that has less than $1 million in gross sales, and 20% of its gross receipts are from the retail sale of nutrient-dense foods. The bills also give local governments the authority to require mandatory reporting of certain information from the small-footprint grocery store. (Cruz)

HB 859 (Basabe) and SB 1018 (Trumbull) would allow local governments to adopt by ordinance a minimum freeboard requirement or a maximum voluntary freeboard that exceeds the requirements in the Florida Building Code. (Branch)

SB 668 (Collins) and SB 1011 (Borerro) prohibit governmental agencies from displaying to the public any flag that does not follow the protocol adopted by the Governor. The current protocol of displaying flags is based on the United States Flag Code and the Florida Flag Code and directs the public and governmental agencies on how to display the United States Flag, the State Flag, the POW/MIA Flag, the Firefighter Memorial Flag and the Honor and Remember Flag. (Taggart)

CS/CS/CS/SB 588 (Rodriguez) and CS/CS/HB 657 (Koster) would authorize a local government to place or install an automated speed detection system under its jurisdiction or a state road when permitted by the Florida Department of Transportation (FDOT) to be used solely to enforce speed limits in school zones. The bills also require local governments to notify the public of the speed detection system through a 30-day public awareness campaign before enforcement. The bills require each county or municipality that operate a speed detection system to submit a report on October 1, 2024, and annually thereafter, to the Department of Highway Safety and Motor Vehicles. CS/CS/HB 657 passed the House (95-6) and the Senate (35-3) and is awaiting action by the Governor. (Branch)

CS/CS/CS/SB 1068 (Collins) prohibits a political subdivision from withholding the issuance of a business tax receipt or development permit, or enacting or enforcing an ordinance or resolution prohibiting a drone delivery service’s operation based on the location of the delivery service’s drone port, but does allow political subdivisions to enforce generally applicable minimum setback and landscaping regulations. The bill exempts drone ports, except for their stairwells, from the Florida Building Code, as well as from provisions concerning fire protection systems of the Florida Fire Prevention Code. The bill defines “drone delivery service” as a person engaged in the business of delivering goods via drone and who is covered by the Small Unmanned Aircraft Systems Rule. It defines “drone port” as a stand-alone building that does not exceed 1,500 square feet in area or 36 feet in height, is located in a nonresidential area, is used by a drone delivery service for the launch and landing of drones, was constructed using Type I or Type II construction as described in the Florida Building Code, and, if greater than one story in height, includes at least one stairwell that may be used for egress. 

Effective date: July 1, 2023. (Branch)

CS/CS/HB 869 (McClain) addresses various regulatory functions of the Department of Business and Professional Regulation. Two sections of the bill may be of interest to local governments. First, section 6 of the bill requires each licensee issued a license or licensed agent managing a license classified as a vacation rental to submit any change in the street or unit address or number of houses or units included under the license within 30 days after the change. Second, section 8 of the bill amends section 553.73, Florida Statutes, relating to the Florida Building Code, to authorize the Florida Building Commission to delay the effective date of the energy provisions of the Florida Building Code for up to three additional months if energy code compliance software is not approved by the Commission at least three months before the effective date of the updated Florida Building Code. 

Effective date: July 1, 2023. (Taggart)

CS/CS/HB 935 (Giallombardo, Jacques) prohibits a municipality from terminating a chief of police without providing the chief a written notice of the termination. After a chief receives a notice of termination, a municipality must provide an opportunity for the chief to appear at the next regularly scheduled public meeting of the governing body of the municipality and provide a response to the termination. The bill also prohibits an employment contract between a municipality and a chief of police from waiving or modifying any requirements of the bill or including a nondisclosure clause that prohibits a chief from responding to the termination at a public meeting. 

Effective date: July 1, 2023. (Taggart)

HB 347 (Bankson) specifies that a person who owns, operates or uses a public-use airport is not subject to civil liability or criminal prosecution as it relates to noise or nuisances that result from operation or use. The bill does not prohibit a local government from regulating the location and construction of a public-use airport after July 1, 2023. (Branch)

CS/CS/HB 1317 (Roach) and CS/CS/CS/SB 1346 (Avila) allow private property owners to obtain a building permit to demolish any nonconforming structure, including those which are designated on the National Register of Historic Places or the State Inventory of Historic Places. To be demolished, the structure must be a nonconforming use, located in a coastal high-hazard area, and fail to meet current Federal Emergency Management Agency (FEMA) flood standards for new construction. A local government may only prohibit 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. Once the structure in question is demolished, the bills will automatically authorize a replacement structure to be built provided that the existing nature and degree of nonconformity is not increased. A local government may not impose or enforce any limitation or condition on the approval of the replacement structure other than compliance with applicable current zoning and building regulations. Local governments may not require the replication of the demolished structure or limit the size or height of the replacement structure.  The bills have been amended in committee to address local government concerns by limiting the scope of the bill to not apply to the demolition of a property on the National Register of Historic Places or to single-family homes. The bills have also been amended to require a qualifying nonconforming structures that will qualify for demolition and the building of a replacement structure to be located within one-half mile of the coastline and within flood zones V, VE, AO or AE, as identified in Flood Insurance Rate Map. (Cruz)

CS/CS/SB 1604 (Ingoglia) makes a variety of changes relating to comprehensive plans and land development regulations.

Required Planning Periods for Comprehensive Plans

The bill revises the two statutory required planning periods that must be covered in a local government comprehensive plan from five to 10 years and from 10 to 20 years.  

Evaluation and Appraisal Reports, EAR-based Amendments and Population Projections

With respect to Evaluation and Appraisal Reports (EAR), the bill requires that when local governments notify the state land planning agency of a determination whether EAR-based plan amendments are needed, the notification must include a separate affidavit signed by the Chair or Mayor of the governing body, attesting that all elements of its comprehensive plan comply with section 163.3191, Florida Statutes. The affidavit must also certify that the adopted plan covers the minimum 10-year planning period and cite the source and date of the population projections used in establishing the 10-year planning period. The bill requires, rather than encourages, local governments to update plans to reflect changes in local conditions and specifies that updates to the required elements and optional elements of the plan be processed in the same amendment cycle. It specifies that if a local government fails to submit the letter and affidavit to the state land planning agency or fails to transmit the update to its plan within one year after the date the letter was transmitted to the state, the local government may not initiate or adopt any publicly initiated plan amendments until such time it complies with the requirements. It provides that the failure of a local government to timely update its plan may not be the basis for the denial of privately initiated plan amendments. If a local government fails to update its plan pursuant to state law, the state land planning agency must provide the required population projections to the local government. The local government must initiate an update to its plan within three months following receipt of the projections and shall transmit the update within 12 months. The bill authorizes local governments to provide alternative population projections based on professionally accepted methodologies, but only if those projections exceed the projections provided by the state. 

Regulation of Single-Family Residential Design Elements

In 2022, the Legislature amended section 163.3202 to prohibit local governments from regulating building design elements for single-family and two-family homes, with specified exceptions. The bill narrows two of the current law exceptions relating to planned unit developments and architectural review boards by specifying the exception applies only to planned unit developments approved before July 2023 and architectural review boards created before January 2020.  

Substation Approval Process

The bill amends the electric substation approval process in section 163.3208, Florida Statutes, by changing the definition of “distribution electric substation” to “electric substation” and expands the scope of the definition to include accessory administration, maintenance buildings and related accessory uses and structures. In addition, the new language specifies that new and existing substations shall be a permitted use in all land use and zoning categories. 

Mobility Fees

The bill clarifies that if a local government adopts an alternative mobility funding system under section 163.3180(5)(i), Florida Statutes, the holder of any transportation or road impact fee credits previously granted is entitled to the full benefit of the density or intensity prepaid by the credit balance as of the date the impact fee was established.

Development Agreements of Independent Special Districts

Finally, the bill authorizes the review of a development agreement by an independent special district executed within three months preceding the effective date of a law modifying the makeup of the special district’s governing board. It requires the new governing board to review any development agreements within the initial four months of taking office.  

Effective date: July 1, 2023, except as otherwise provided. (Chapman)

CS/CS/SB 540 (DiCeglie) allows the prevailing party in a legal challenge to a comprehensive plan or plan amendment to recover attorney fees and costs, including reasonable appellate fees and costs. The bill resolves a split among Florida district courts of appeal by clarifying the scope of review under section 163.3215, Florida Statutes, for a local government to grant or deny a development order by providing the order may be challenged only if it would materially alter the use, density or intensity of the property in a manner not consistent with the comprehensive plan. Finally, the bill prohibits local governments from enforcing any land development regulations, other than those relating to density and intensity, against any of the institutions within the Florida College System.  

Effective date: July 1, 2023. (Chapman)

CS/CS/HB 41 (Garcia) and SB 856 (Rodriguez) would prohibit an initiative or referendum process for any amendment to local land development regulations. Under current law, the initiative or referendum process is prohibited for any development order and, under certain circumstances, local comprehensive plan or map amendments. The bills would now also prohibit the use of initiatives or referendums for any amendment to land development regulations. The bills are drafted to be remedial in nature and would render null and void any referenda or initiative actions pertaining to land development regulations commenced after June 11, 2011. The bills were amended to remove the language which would have made them remedial in nature. As such, the bills no longer render land development regulations commenced after June 1, 2011 null and void. The substance of HB 41 was later amended onto SB 718. See the summary for SB 718 for more details. (Chapman)

CS/CS/HB 235 (Robinson, W.) and SB 350 (Brodeur) provide clarity to local government adoption of a mobility plan and a mobility fee system. A mobility plan identifies various multimodal projects necessary to permit redevelopment, infill projects, and development. A mobility fee is a one-time fee paid by a developer to a local government to cover the costs of the improvements necessary to fully mitigate the development's impact on the transportation system. The bill would prohibit a transportation impact fee or fee that is not a mobility-based fee from being imposed within the area that is within a mobility plan. The bills would require mobility fees to be updated every five years once adopted or updated. The bills outline the comprehensive requirements a local government must follow in implementing the mobility plan and mobility fee system. In addition, the bills make a revision to the impact fee statute that was substantially amended during the 2021 Legislative Session. Current law now limits the amount impact fees can be increased by, and it requires a phase-in period depending on the amount an impact fee is increased by. However, current law also provides an exception to the impact fee increase process by allowing for increases to be greater than the requirements if the governmental entity establishes the need for the increased fee pursuant to the rational nexus test, uses a study (completed within the 12 months preceding the increase) showing that extraordinary circumstances require the additional increase, holds at least two publicly noticed workshops, and adopts the increase by a 2/3 vote. SB 350 will eliminate this exception to impact fee increases. Therefore, all impact fee increases will have to comply with the increase limits and phase-in requirements provided for in the current law, with no exception. CS/CS/HB 235 was amended to delete all provisions which would have restricted a local government’s ability to increase impact fees. (Cruz)

CS/CS/CS/HB 1343 (Tuck) and CS/CS/SB 1184 (Collins) increase the exemption from the levy of a county special assessment for fire protection services from $10,000 to $350,000 for the value of nonresidential farm buildings. The bills authorize the construction of housing for migrant farmworkers on land zoned agricultural without any local government approval by ordinance or resolution. The migrant farmworker housing may not exceed 7,500 square feet. The bills require that the migrant workers have legal status to work in the United States. The bills prohibit local governments from adopting a land use or zoning restriction, condition or regulation that requires the termination or surrender of an agricultural classification for any property. CS/CS/CS/HB 1343 and CS/CS/SB 1184 have been amended to completely prohibit counties from levying any special assessment on lands classified as agricultural that meet certain requirements. CS/CS/CS/HB 1343 was amended to clarify that the county prohibition from a county levying special assessments does not apply to nonagricultural structures, including both residential and nonresidential structures, and their curtilage. CS/CS/CS/HB 1343 was amended to remove the provisions that completely prohibit counties from levying any special assessment on lands classified as agricultural that meet certain requirements. This language was instead included in the 2023 tax package (HB 7063). (Cruz)

HB 321 (Stevenson), HB 323 (Stevenson), SB 1404 (Trumbull) and SB 1406 (Trumbull)– Movable Tiny Homes

SB 570 (Powell) – Building Permits

HB 611 (Lopez) – Bonds of Contractors Constructing Public Buildings

SB 1212 (Rodriguez) and HB 1293 (Mooney) – Affordable Housing

SB 1586 (Trumbull) and HB 1417 (Esposito) – Residential Tendencies

HB 1535 (Rizo) and SB 1682 (Rodriguez) – Fees for Enforcement of Florida Building Code

SB 1394 (Perry) – Building Plans

CS/SB 102 (Calatayud) creates the Live Local Act to address Florida’s affordable housing needs. The Act uses a combination of funding, tax credits, tax exemptions and land use controls to create incentives for affordable housing. 

Zoning and Land Use Controls and Local Government Requirements:

•For a 10-year period, the bill requires cities and counties to allow multifamily rental and mixed-use residential as allowable uses in any area zoned for commercial, industrial or mixed use if at least 40% of the units are affordable to income-eligible households for at least 30 years. For mixed-use projects, at least 65% of the total square footage must be used for residential purposes. The local government may not require the proposed project to obtain a zoning or land use change, special exception, conditional use approval, variance or comprehensive plan amendment for the height, densities and zoning authorized by the bill. 

oA local government may not restrict the height of an eligible project below the tallest currently allowed height for a commercial or residential development in the jurisdiction within 1 mile of the proposed project or three stories, whichever is higher.

oA local government may not restrict the density of an eligible project below the highest allowable density in the jurisdiction where residential development is allowed.

oApplications for eligible projects must be administratively approved by the local government with no further action by the governing body if the project satisfies applicable land development regulations and comprehensive plan requirements for mixed-use residential developments (other than height, density and zoning). 

oA local government must consider reducing parking requirements for eligible projects if the proposal is located within half a mile of a “major transit stop” (as defined by the local government).

oCities and certain counties with less than 20% of land zoned for commercial or industrial uses are only subject to these requirements for mixed-use developments (exclusively residential projects would not be eligible).

oRecreational and commercial working waterfront areas are exempt.

oThe proposed project must otherwise comply with applicable state and local laws. 

•Sections 125.01055(6) and 166.04151(6) currently authorize local governments to allow affordable housing developments on any parcel zoned residential, commercial or industrial, notwithstanding any other law to the contrary. The bill removes areas zoned residential from this provision. 

•Requires cities and counties, as well as independent special districts within local governments, to post annually an inventory of city- and county-owned lands appropriate for use as affordable housing on their websites. 

•Prohibits cities and counties from enacting rent control requirements. 

•Requires cities and counties to post on their websites policies for implementing state laws that require expedited processing of building permits and development orders. 

Tax Exemptions:

•Requires a new property tax exemption for newly constructed multifamily developments of over 70 affordable units that serve up to 120% AMI and do not have a Land Use Restriction Agreement with the Florida Housing Finance Corporation (FHFC); the exemption applies only to the affordable housing units.

•Authorizes cities and counties to implement additional property tax exemptions for developments that serve households at 60% AMI or below. Eligible projects must have at least 50 units and dedicate at least 20% of the units for affordable housing.

•Creates a new sales tax refund on building materials for affordable housing developments subject to an agreement with FHFC.

Funding and Tax Credits:

•Proposes $811 million for affordable housing programs, including $252 million for SHIP; $259 million for SAIL; $100 million for the Florida Hometown Hero Housing Program; $100 million for a competitive loan program for new construction projects that have not yet commenced construction and are experiencing verifiable cost increases due to market inflation; and up to $100 million for a new Live Local Tax Donation Program, whereby taxpayers can direct payments to the FHFC for use as SAIL funds in exchange for tax credits against corporate or insurance premium tax.

Effective date: July 1, 2023, except as otherwise specified. (Branch)

CS/CS/SB 154 (Bradley) revises the milestone inspection requirements for condominium and cooperative buildings that are three or more stories in height. In addition, the bill makes other changes concerning condominium and cooperative associations and reserve and structural integrity reserve study requirements. With respect to milestone inspection, the bill revises requirements to: 

•Limit the milestone inspection requirements to buildings that include a residential condominium or cooperative; 

•Provide that the milestone inspection requirements apply to buildings that in whole or in part are subject to the condominium or cooperative forms of ownership, such as mixed-ownership buildings; 

•Clarify that all owners of a mixed-ownership building in which portions of the building are subject to the condominium or cooperative form of ownership are responsible for ensuring compliance and must share the costs of the inspection; 

•Require a building that reaches 30 years of age before December 31, 2024, to have a milestone inspection before December 31, 2024; 

•Delete the 25-year milestone inspection requirements for buildings that are within three miles of the coastline; 

•Authorize the local enforcement agencies that are responsible for enforcing the milestone inspection requirements the option to set a 25-year inspection requirement if justified by local environmental conditions, including proximity to seawater; 

•Authorize the local enforcement agency to extend the inspection deadline for a building upon a petition showing good cause that the owner or owners of the building have entered into a contract with an architect or engineer to perform the milestone inspection services and the milestone inspection cannot reasonably be completed before the deadline; and permit local enforcement agencies to accept an inspection and report that was completed before July 1, 2022, if the inspection and report substantially complies with the milestone requirements; 

•Provide that the inspection services may be provided by a team of design professionals with an architect or engineer acting as a registered design professional in responsible charge; and 

•Clarify that an association must distribute a copy of the summary of the inspection reports to unit owners within 30 days of its receipt. 

The bill requires the Florida Building Commission (FBC) to establish by rule a building safety program to implement the milestone inspection requirements within the Florida Building Code. The FBC must specify the minimum requirements for the building safety program by December 31, 2024, including inspection criteria, testing protocols, standardized inspection and reporting forms that are adaptable to an electronic format, and record maintenance requirements for the local authority having jurisdiction. 

Effective date: Except for the dispute resolution provisions that take effect on July 1, 2027, the bill takes effect upon becoming law. (Branch)

CS/CS/SB 170 (Trumbull) imposes new requirements on municipalities for adopting and enforcing ordinances. First, the bill requires a municipality to prepare a business impact estimate before adopting an ordinance and specifies the minimum content that must be included in the statement. The bill exempts the following ordinances from this requirement: ordinances required to comply with federal or state laws or regulations; ordinances relating to the issuance or refinancing of debt; ordinances relating to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ordinances required to implement a contract or agreement, including grants or financial assistance; Emergency ordinances; ordinances relating to procurement; ordinances enacted to implement Part II, Ch. 163, including land development regulations, zoning, development orders, development agreements and development permits; ordinances enacted to implement Sections 190.005 and 190.046 (CDDs); ordinance enacted to implement the Florida Building Code; and ordinances enacted to implement the Florida Fire Prevention Code. The business impact estimate must be posted on the municipality's website no later than the date of publication of notice of the proposed ordinance. Second, the bill requires a municipality to suspend enforcement of an ordinance that is the subject of a civil action challenging the ordinance's validity on the grounds that it is arbitrary or unreasonable or expressly preempted by state law. This requirement applies only if: the action was filed within 90 days of the ordinance's effective date, suspension of the ordinance was requested in the complaint and the municipality was served with a copy of the complaint. If the municipality prevails in the civil action, the municipality may enforce the ordinance unless the plaintiff appeals the decision and obtains a stay of enforcement from the court. Third, the bill authorizes the award of attorney fees, costs and damages to a prevailing plaintiff in a civil action commenced after October 1, 2023, in which an ordinance is alleged to be arbitrary or unreasonable. Attorney fees, costs and damages are capped at $50,000. The bill authorizes a court to impose sanctions upon a party for filing a paper, pleading or motion for an improper purpose (such as to harass or delay). The bill requires courts to prioritize and expedite the disposition of cases in which enforcement of an ordinance is suspended. The bill exempts ordinances listed above from the stay of enforcement provision. Additionally, the bill clarifies current law relating to notice and publication of ordinances by specifying that consideration of an ordinance properly noticed may be continued to a subsequent meeting if the date, time and place of the subsequent meeting is publicly stated. This provision is retroactive. 

Effective date: October 1, 2023, except as otherwise specified. (O'Hara)