BILL SUMMARY DETAILS

CS/CS/SB 774 (Brodeur) requires elected mayors and elected members of the governing body of a municipality, as well as candidates for such offices and members of the Florida Commission on Ethics, to file an annual full disclosure of financial interests (Form 6), beginning January 1, 2024. These individuals are currently required to file simple financial disclosures (Form 1). The bill also addresses requirements for e-filing of financial disclosures. It maintains the requirement that Form 6 filers submit their disclosures to the Commission on Ethics' electronic filing system beginning January 1, 2023, and requires Form 1 filers to submit their disclosures electronically beginning January 1, 2024. In addition, it allows filers to submit federal tax returns for purposes of showing income. The bill also increases the maximum civil penalty for violations of the Code of Ethics to $20,000 from $10,000. In addition, the bill adds commissioners of a community redevelopment agency to the list of officers exempt from having to complete ethics training in the year they begin their term if the term begins after March 31. The bill also clarifies that a candidate may submit a verification or receipt of a previous financial disclosure filing to the qualifying officer in lieu of the full financial disclosure. 

Effective date: Upon becoming law except as otherwise specified. (O'Hara)

CS/HB 199 (Hunschofsky, Daley) addresses ethical conflicts of officers of independent taxing districts. The bill clarifies that certain conduct by such officers, such as misuse of public position and disclosure of information for personal benefit, is prohibited despite the current law exemption relating to the officers' conflicting employment and contractual relationships. The bill also requires elected local officers of independent special districts to undergo four hours of annual ethics training. 

Effective date: July 1, 2023. (O'Hara)

HB 473 (Eskamani) – Agreement for Best Practices in Economic Development

SB 1664 (Hooper) – Economic Development

HB 251 (Trabulsy) and SB 476 (Gruters) create the Florida First Production Partnership Program within the Department of Economic Opportunity. The purpose of the program is to boost Florida's economic prosperity by providing a tax credit award to certified film projects that provide the greatest return on investment and economic benefit to the State. (Taggart)

CS/HB 413 (Abbott) and SB 1628 (Simon) prohibit agency agreements from requiring local governments within a rural area of opportunity to expend funds in order to be reimbursed. Agency funding may be advanced to cities and counties based on an analysis of estimated costs, pay service providers or vendors directly or undertake other options to meet the requirements of the agreement. (Taggart)

CS/CS/HB 5 (Esposito) eliminates Enterprise Florida, Inc. (EFI) and transfers all its duties, functions, records, existing contracts, administrative authority and unexpended balances of appropriations and allocations relating to its programs to the Department of Commerce, which is created in the bill 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 completed by December 1, 2023. The bill appropriates $5 million to the new international trade direct-support organization created in the bill, $5 million and 20 FTE to DEO and $2 million to EFI to implement the transition.  

The bill repeals several obsolete or expired economic development incentive programs, including the entertainment industry tax credit, corporate income tax credits for spaceflight projects, the qualified defense contractor and space flight business tax refund program, tax refunds for qualified target industry (QTI) businesses, the economic gardening business loan pilot program, the economic gardening technical assistance pilot program, the quick action closing fund, the innovation incentive program, the Florida small business technology growth program, the new markets tax credit, the microfinance loan program, the Golf Hall of Fame, and the International Game Fish Association World Center facility. Existing contracts authorized under programs remain in force, but new certifications or agreements may not be made. The bill also renames the Division of Strategic Business Development as the Division of Economic Development, repeals the Office of Film and Entertainment and eliminates the Film Advisory Council. The bill requires the Florida Sports Foundation (recreated in the bill) and VISIT FLORIDA to contract with the Department as direct-support organizations.

Effective date: July 1, 2023. (Taggart)

CS/CS/CS/HB 1209 (Shoaf) specifies that an agency agreement that provides state or federal financial assistance to local government entities within a rural area of opportunity (RAO) must allow the agency to provide for the payment of invoices to the county, municipality or RAO for verified and eligible performance that has been completed in accordance with the terms and conditions in the agreement. The bill amends the Rural Infrastructure Fund to:

•Increase the maximum grant award from 50% to 75% of the total infrastructure cost, or up to 100% of the total infrastructure project cost for a project that is located in a rural community that is also located in a fiscally constrained county or in 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;

•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 remove the limitation that the grant not exceed 30% of the total project cost; and

•Remove the 33% local match requirement for grants for surveys, feasibility studies and the preclearance review of land for projects in an RAO.

Effective date: July 1, 2023. (Taggart)

SB 2508 (Appropriations) transfers the Cybersecurity Operations Center (CSOC) and its associated duties, responsibilities, contracts, unexpended balances of appropriations, allocations, and positions from the Florida Digital Service (FDS) within the Department of Management Services (DMS) to the Florida Department of Law Enforcement (FDLE). In accordance with the recommendations of the February 1, 2021, Florida Cybersecurity Task Force Final Report, the bill also requires state agencies to conduct comprehensive risk assessments on an annual basis instead of once every three years. (Taggart)

CS/HB 1511 (Giallombardo) and CS/SB 1708 (DiCeglie) make several changes to the Local Government Cybersecurity (Act). The bills revise the definition of “cyber incident” and revise timelines for local governments to report cybersecurity incidents. The bills would require local governments to report cybersecurity incidents within four hours of discovery; current law allows for 48 hours. Ransomware incidents would be required to be reported within two hours of discovery; current law allows for 12 hours. Incidents would be reported to Florida Digital Service, the Cybersecurity Operations Center, the Cybercrime Office of the Department of Law Enforcement and the sheriff who has jurisdiction. The bills establish an operations committee within the Florida Digital Service to assist with collaboration between state agencies and local governments. The bills also provide municipalities with a presumption from liability in connection with a cybersecurity incident for entities that are substantially compliant with the Act. The bills do clarify that they do not establish a private cause of action, and failure of a municipality to implement a cybersecurity program does not constitute negligence. (Taggart)

SB 682 (DiCeglie) and CS/HB 671 (Esposito) are comprehensive building permit bills. Of concern to cities, the bills do the following:

•Require the local jurisdiction to reduce the permit fee by 75% if an owner retains a private provider.

•Reduce the time frame of when municipalities must provide written notice of receipt and any other additional information that is required for a properly completed application to an applicant.

•Reduce the amount of times a municipality can ask an applicant for additional information.

•Allow an application to be “deemed” approved if municipalities fail to meet any of the timeframes. 

CS/HB 671 was amended to 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)

CS/CS/SB 346 (DiCeglie) requires contracts for construction services between a local government and a contractor to include a “punch list” of items to render complete, satisfactory and acceptable the construction services contracted for, which outlines the estimated cost of each item necessary to complete the work. The bill requires the local government to pay the entire contract balance, except for 150% of the portion attributed to those projects on the list, within 20 days after the list is created. It limits a local government’s ability to withhold certain amounts under the contract to only those subject to a written good faith dispute or claims against public surety bonds. A local government must pay the undisputed portions of a contract within 20 days. It requires the local government to pay the contractor for the remaining list of projects upon their total completion. The bill makes similar changes to requirements for construction contracts with public entities. Lastly, the bill amends the definition of “public works project” by preempting any local preference requirements in competitively procured public construction projects when any state funds are used for the project. 

Effective date: July 1, 2023. (Branch)

CS/CS/HB 327 (Bell) provides that a Contractor I or II may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation or deletion of 249 or fewer sprinklers and the addition of 49 sprinklers, as long as the cumulative total number of fire sprinklers being added, relocated or deleted does not exceed 249. The bill also creates an expedited permitting process for certain “fire sprinkler system projects.” A contractor must submit a completed application and payment to the local enforcement agency but is not required to submit plans or specifications as a condition of obtaining a permit for such projects. The agency must issue the permit in person or electronically. The agency must require at least one inspection of the project. A “fire sprinkler system project” means a fire protection system alteration of a total of 20 or fewer fire sprinklers, or the installation or replacement of an equivalent fire sprinkler system component in an existing commercial, residential, apartment, cooperative or condominium building. 

Effective date: July 1, 2023. (Branch)

HB 765 (Roth) is a bill dealing with building permit applications. The bill would require municipalities to notify the owner of a property and the contractor listed on the permit within 60 days before the permit is set to expire. The bill increases the permit reduction fee by 25% for each business day the local government fails to meet the established timeframes. HB 765 also requires a municipality to accept applications electronically and post the status update of each building permit application on their website. The bill prohibits a municipality from using a permit application unless it includes an attachment with a specified “notice” statement that is referenced in the bill. (Branch)

CS/CS/HB 89 (Maggard) specifies that if a building code administrator, plans examiner or inspector requests another local enforcing agency employee or person contracted by the local enforcing agency to review building plans and that person or employee identifies specific plan features that do not comply with the Florida Building Code, the Florida Fire Code, Life Safety Code or applicable local amendments thereto, the building code administrator, plans examiner, inspector or fire official must provide this information to the local enforcing agency. In addition, the bill prohibits a local government from making or requiring substantive changes to building plans or specifications after a permit has been issued except for changes required for compliance with applicable codes. If substantive changes are made after a permit is issued, the local government must identify the specific plan features that do not comply with the Florida Building Code, the Florida Fire Prevention Code or the Life Safety Code or any local amendments thereto. The specific code chapters and sections upon which the finding is based must be provided to the permitholder. A plans examiner, inspector, building code administrator or fire official who fails to comply with these requirements will be subject to disciplinary action. 

Effective date: July 1, 2023. (Branch)

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)

SB 682 (DiCeglie) and CS/HB 671 (Esposito) are comprehensive building permit bills. Of concern to cities, the bills do the following:

•Require the local jurisdiction to reduce the permit fee by 75% if an owner retains a private provider.

•Reduce the time frame of when municipalities must provide written notice of receipt and any other additional information that is required for a properly completed application to an applicant.

•Reduce the amount of times a municipality can ask an applicant for additional information.

•Allow an application to be “deemed” approved if municipalities fail to meet any of the timeframes. 

CS/HB 671 was amended to 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)

CS/HB 1331 (Busatta Cabrera) substantially amends provisions of law relating to municipal water and electric utility extraterritorial surcharges, extraterritorial service and transfers of enterprise funds. The bill authorizes a municipal utility to transfer a portion of its earnings to the municipality for general government purposes. The revenues transferred to fund general government purposes may not exceed a rate equal to the amount derived by applying the average of the midpoints of the rates of return on equity approved by the PSC for investor-owned utilities in the state. The amount of the transfer must be further reduced based on the percentage of extraterritorial customers served by the utility. The bill eliminates the automatic 25% surcharge that may be added to the rates and fees charged to extraterritorial customers. (O’Hara)

SB 1380 (Martin) provides that any municipal electric utility serving any electric retail customer located outside of the municipality’s corporate boundaries is a “public utility” subject to regulation by the Public Service Commission (PSC) for a minimum of five years. The bill directs the PSC to develop rules for such regulation. (O’Hara)

SB 798 (Ingoglia) and CS/HB 975 (Holcomb) provide that a city or county may not prohibit or "unreasonably restrain" a private entity from providing recycling or solid waste services to commercial, industrial or multifamily residential properties. In addition, the bills authorize a local government to require such private entities to obtain a permit, license or non-exclusive franchise but specify the local government's fee may not exceed the local government's administrative cost and that the fee must be commensurate with fees for other industries. The bills prohibit the use of exclusive franchise agreements and restrict a local government from providing its own solid waste or recycling services. Current contracts and franchises in place as of January 2023 would be permitted to continue to their date of expiration, but the bills specify that a local government may not recognize an "evergreen" contract or additional renewal or extension of a contract or agreement. CS/HB 975 was amended to provide that the bill does not apply to a local government that is the sole provider of solid waste collection services in its jurisdiction performed by employees of a municipality or county using municipal or county-owned equipment. (O'Hara)

SJR 122 (Avila) and HJR 469 (Fernandez-Barquin) would reduce the limitation on annual increases of homestead property tax assessments from 3% to 2%. In 1994, the State of Florida established a 3% Save Our Homes (SOH) Cap assessment limit on all residential properties that receive a homestead exemption. The 3% SOH Cap limits any increase to the assessed value of a homestead exempt property for tax purposes to a maximum of 3% each year. SB 120 would reduce the assessment limit to a maximum of 2% each year. SJR 122 and HJR 469 are constitutional amendments and would require the approval of the Florida Legislature and the voters of Florida. (Chapman)