BILL SUMMARY DETAILS

HB 1103 (Tramont) and SB 1314 (Wright) authorize counties and municipalities to establish certain portions of the Florida Intracoastal Waterway slow speed, minimum wake boating-restricted areas within 500 feet of any private or public marina pumpout. (O’Hara)

CS/SB 880 (Brodeur) and CS/CS/HB 1405 (Tuck) authorize the Department of Environmental Protection to provide grants for projects that convert wastewater residuals to Class A biosolids and Class AA biosolids. (O'Hara)

SB 64 (Hooper) and HB 425 (Esposito) – Department of Transportation

HB 155 (Holcomb) and SB 198 (DiCeglie) – Tampa Bay Area Regional Transit Authority

HB 349 (Bankson) and SB 1122 (Harrell) promote the development of a network of vertiports that will provide residents in Florida with equitable access to advanced air mobility operations for passenger and cargo services. For vertiports to operate in the state, the owner must comply with the Federal Aviation Administration's regulations and guidance relating to vertiport design and performance standards as well as submit a layout plan to the administrator of the Federal Aviation Administration. The bills specify that a local government may not exercise its zoning and land use authority to give an exclusive right to one or more vertiport owners or operators. (Branch)

HB 85 (Snyder) and SB 360 (Hutson) – Causes of Action Based on Improvements to Real Property

HB 315 (Andrade) and SB 738 (Brodeur) – Civil Remedies for Unlawful Employment Practices

HB 843 (Cross) and SB 816 (Polsky) – Challenges to Development Orders

HB 837 (Fabricio), SB 236 (Hutson) and HB 1165 (Duggan) – Civil Remedies

HB 1205 (Andrade) and SB 1246 (Yarborough) – Advertisement for Legal Services

HB 7059 (Gregory) reduces the statute of limitations from four years to two years for a negligence claim against the state or an agency or subdivision of the state (including cities). The bill also reduces the pre-suit notice period from three years to 18 months for such claims. The bill decreases from six months to four months the amount of time a government entity has to make a final disposition of a claim during the pre-suit process, after which time the plaintiff may bring a lawsuit. HB 7059 passed the House (80-29) and is awaiting action by the Senate. (Cruz)

CS/HB 401 (Beltran) and SB 604 (Gruters) increase the statutory limits on liability for tort claims against the state and its agencies and subdivisions (which include cities). The current statutory limits for claims are $200,000 per person and $300,000 per incident. CS/HB 401 was amended to increase the caps for damages against state and local government entities to $2,500,000 per person and $5,000,000 per incident. SB 604 (Gruters) would increase the caps to $400,000 per person and $600,000 per incident. (Cruz)

SB 92 (Garcia) and HB 105 (Basabe) codify the ability of local governments to require vacation rental owners or operators to designate and maintain at all times the name and contact information of a responsible party who is able to respond to complaints and other immediate problems related to the property. (Taggart)

CS/CS/HB 833 (Duggan) and CS/CS/CS/SB 714 (DiCeglie) 

Impact on Local Governments

The bills maintain the current preemption on local governments from adopting zoning ordinances specific to short-term rentals, as well as regulating the duration of stays and the frequency in which the properties are rented. The bills expand this preemption to include local regulations on advertising platforms. For cities that adopted ordinances prior to June 1, 2011, the bills maintain the "grandfather" currently in place but clarify that those cities may amend their ordinances to be less restrictive or to comply with a local registration program. For cities that do not have "grandfathered" ordinances, the bills preempt cities from licensing short-term rentals; however, they authorize local governments to have a local registration program. 

Local governments who choose to adopt a local registration program may impose a fine for failure to register. CS/CS/HB 833 was amended to remove this provision from the bill. The local government has 15 days after receiving an application for registration to either accept the application or issue a written notice specifying all deficiencies. Both parties may agree to extend the timeline. If a municipality does not accept or deny an application within that 15-day window, that application is deemed approved. As a condition of registration, the local registration programs may only require the owner or operator of a vacation rental to:

•Pay a fee of no more than $150 for processing an individual registration application or $200 for a collective application (CS/CS/SB 714 limits collective registrations to 25 units) 

•Renew their registration no more than once per year unless the property has a change in ownership 

•CS/CS/SB 714 was amended to allow cities to charge a reasonable fee to inspect a short-term rental to verify compliance with the Florida Building and Fire Prevention Code

•Submit identifying information about the owner or the property manager and the short-term rental being registered

•Obtain a license as a transient public lodging establishment by the Department of Business and Professional Regulation (DBPR) within 60 days of local registration

•Obtain all required tax registration, receipts or certificates issued by the Department of Revenue, a county or a municipal government 

•Maintain all registration information on a continuing basis so it is current

•Comply with parking and solid waste handling requirements; these requirements cannot be imposed solely on short-term rentals

•Designate and maintain a property designee who can respond to complaints and other immediate problems related to the property, including being available by phone (CS/CS/CS/SB 714 clarifies they must be available 24 hours a day, 7 days a week)

•Pay in full all municipal or county code liens against the property being registered. CS/CS/HB 833 was amended to remove this provision from the bill

•The bills were amended to include a statement of the maximum occupancy for short-term rentals based on the number of sleeping accommodations for the persons staying overnight in the vacation rental. Local governments must apply these occupancy limits uniformly to all residential properties.

•CS/CS/CS/SB 714 was amended to allow local governments to require owners to provide guests important health/safety information or information regarding local ordinances.

Impact on Advertising Platforms and DBPR

Advertising platforms must include in all listings the property's state license number and, if applicable, the local registration number. After July 1, 2024, the advertising platform will be required to check and verify the license number of all listings with DBPR. Additionally, by that date, DBPR will be required to maintain all short-term rental license information in an electronic format to ensure prompt compliance. Advertising platforms will be required to remove unlicensed listings within 15 days after notification by DBPR, as well as collect and remit all required taxes. 

CS/CS/CS/SB 714 was amended to appropriate funding to DBPR in order to fund six full-time positions. 

Termination/Denial of License

A local government may terminate, refuse to issue, or renew when:

•There is an unsatisfied municipal or county code lien, so long as the local government allows the owner at least 60 days before the termination to satisfy the lien.

•The premises and its owner are subject of a final order or judgement directing the termination of the premises’ use as a vacation rental.

A local government may suspend a local registration for up to 30 days if a short-term rental is found to have three or more violations of local registration requirements or for violations of another local law, ordinance, or regulation. If a fourth violation occurs in the following six months, the registration may be suspended for up to six months.

DBPR may revoke, refuse to issue or renew a short-term rental license or suspend the license for up to 30 days under several circumstances:

•The property owner violates the terms of any lease or applicable condominium, coop or homeowner's association restrictions 

•The local registration is terminated by a local government 

•The property and property owner are subject to a final order or judgment directing termination of the property's short-term rental status

CS/CS/HB 833 was amended to remove several key enforcement provisions for local governments. The amendment removed the ability for cities to terminate a short-term rental registration for noncompliance with other local ordinances. Additionally, the amendment removed provisions requiring DBPR to suspend or terminate a state license if the local registration is terminated. (Taggart)

HB 1399 (Cassel/Woodson) and SB 1422 (Pizzo) would require an applicant for a vacation rental license to provide the Division of Hotels and Restaurants of the Department of Business and Professional Regulation (DBPR) with proof of inspection and compliance with municipal codes when it changes in use from single-family residential to a transient public lodging establishment. The bills would also require that the applicant provide proof that the underlying homeowner’s insurance policy allows the structure to be used as a transient public lodging establishment and a signed affidavit from the chief executive of the local government where the property is located confirming the operation is allowed. (Taggart)

HB 25 (Benjamin) and SB 812 (Simon) – Citizen's Arrest

HB 45 (Skidmore) and SB 66 (Berman) – Risk Protection Orders

HB 119 (Benjamin) and SB 1510 (Pizzo) – Visiting County and Municipal Detention Facilities

HB 217 (Rayner-Goolsby) and SB 584 (Book) – Rights of Children

HB 151 (Daley) and SB 146 (Polsky) – Sale or Transfer of Ammunition

HB 153 (Daley) and SB 148 (Polsky) – Pub. Rec./Sales of Ammunition

HB 187 (Waldron) and SB 208 (Polsky) – Sale, Transfer, or Storage of Firearms

HB 165 (Hunschofsky) and SB 164 (Polsky) – Controlled Substance Testing

SB 214 (Burgess) and HB 221 (Snyder) – Sales of Firearms and Ammunition

HB 571 (Hinson) and HB 277 (Hinson)– Storage of Firearms in Private Conveyances and Vessels

HB 353 (Skidmore) and SB 318 (Polsky) – Conditions of Pretrial Release

HB 335 (Amesty) – School Safety Training

SB 428 (Rouson) and HB 403 (Basabe) – Community Violence Intervention and Prevention Grant Program

SB 462 (Berman) and HB 579 (Eskamani) – Assault Weapons and Large-capacity Magazines

HB 1081 (Benjamin) and SB 1556 (Perry) – Contraband Forfeiture

SB 1300 (Burton) and HB 1047 (Killebrew) – Animals Working with Law Enforcement Officers

HB 1543 (Payne) – Minimum Age for Firearm Purchase or Transfer

CS/HB 899 (Canady) and CS/SB 870 (Burton) authorize the use of newborn infant safety devices by hospitals, emergency medical services stations and fire stations. The devices are used to safely surrender newborn infants and must meet designated safety requirements. If an agency chooses to use the device, it must be monitored 24 hours per day, and the alarm must be checked at least twice per week. CS/HB 899 passed the House (110-0) and is awaiting action by the Senate. (Taggart)

CS/SB 784 (Burgess) allows a local law enforcement agency to develop and maintain a Special Persons Registry. The registry contains a list of persons who have developmental, psychological or other disabilities or conditions that may be relevant to their interactions with law enforcement officers. CS/SB 786 (Burgess) creates a public records exemption for all records, data, information, correspondence and communications relating to and submitted in connection with the enrollment of persons in the Special Persons Registry. (Taggart)

CS/HB 1575 (Brackett) and CS/SB 1614 (Rodriguez) require local authorities to have a qualified third party certify that the jurisdiction’s public safety emergency communications system meets or exceeds the minimum radio coverage design criteria for emergency services communications systems in the current edition of the National Fire Protection Association (NFPA) before the local authority having jurisdiction requires an assessment for the need of a two-way radio communications enhancement system in a new or existing building. If the third party proves the authority has a valid radio coverage design certification, the authority may only require an assessment of a new or existing building’s interior radio coverage and signal strength in such building once every three years for high-rise buildings or once every five years for any other buildings in order to determine the need for a two-way radio communications enhancement system.

If an assessment of a new building’s interior radio coverage and signal strength determines that installation of a two-way radio communications enhancement system is required, the authority may not withhold the issuance of a certificate of occupancy for the building if the registered architect or professional engineer who designed the building determines, in his or her professional judgment, that a two-way radio communications enhancement system is not necessary in order for the building to meet the minimum standards for interior radio coverage and signal strength. The authority may not require the installation of a two-way radio communications enhancement system until at least 90 days after the building’s interior radio coverage and signal strength assessment report is completed. CS/HB 1575 passed the House (115-0) and is awaiting action by the Senate. (Taggart)

HB 215 (Rayner-Goolsby) and HB 456 (Berman) prohibit the possession or use of a firearm in "sensitive locations." The bills define a sensitive location as numerous public facilities including but not limited to buildings or facilities owned, leased or operated by government entities, including public transportation. (Taggart)

CS/HB 341 (Amesty) and CS/SB 980 (Brodeur) revise the time period that a 911 public safety telecommunicator certificate may remain inactive or be reactivated from 180 days to six years. CS/SB 980 was amended to remove the requirement that the certificate holder must request their inactive status and instead makes that automatic after six years and removes the $50 fee. CS/HB 341 passed the House (114-0) and the Senate (39-0) and is awaiting action by the Governor. (Taggart)

CS/CS/SB 1126 (Avila) and CS/CS/HB 1539 (Rizo) would make it unlawful for any person, after receiving a warning from a first responder not to approach, to violate such warning and approach or remain within 20 feet of a first responder who is engaged in the lawful performance of any legal or emergent duty, with the intent to: 1. Interrupt, disrupt, hinder, impede or interfere with the first responder’s ability to perform such duty; 2. Provoke a physical response from the first responder; or 3. Directly or indirectly harass the first responder or make so much noise that a first responder is prevented from performing their official duties or providing medical aid. CS/CS/SB 1126 was amended to reduce the distance to 14 feet or roughly the size of a midsize sedan vehicle. (Taggart)

CS/CS/CS/HB 1595 (Fernandez-Barquin, Yarkosky) and CS/SB 1588 (Burgess) – Current law sets out a process to prevent municipalities from reducing law enforcement budgets. The current process allows the state attorney or a member of the governing body of a city to file a petition to the Administration Commission (comprised of the Governor and Cabinet) within 30 days after the municipality posts its tentative budget if the budget contains a funding reduction to the operating budget of the municipal law enforcement agency. The governing body of the municipality then has five working days to file a reply with the Executive Office of the Governor and must deliver a copy of the reply to the petitioner. After receiving the petition, the Executive Office of the Governor must provide for a budget hearing to discuss the petition and the reply. The Administration Commission then has 30 days to provide a report of findings and approve or modify the municipal budget. The bills modify this process to have all petitions and hearings be overseen by the Division of Administrative Hearings instead of the Administration Commission and the Executive Office of the Governor. The bills also state that the budget reduction must be more than 5% compared to the previous year to qualify. The bills were amended to reduce the time limit for filing a petition challenging a municipal law enforcement budget from 30 days after a municipality posts a tentative budget to 10 days. (Taggart)

CS/CS/SB 364 (Avila) and CS/CS/HB 535 (Botana) allow a law enforcement agency to grant administrative leave, up to eight hours, to a law enforcement officer in order to attend a funeral of an officer killed in the line of duty. The bills specify that expenses incurred with bereavement travel are to be reimbursed by the agency. The bills also increase the amount to be paid toward the funeral and burial expenses of an officer from $1,000 to $10,000. Both bills were amended to limit travel to within the state of Florida. CS/CS/SB 364 was amended to apply these provisions to state employees only. CS/CS/HB 535 passed the House (110-0) and the Senate (39-0) and is awaiting action by the Governor. (Taggart)

HB 313 (Rudman) and SB 560 (Trumbull) – Pub. Rec./Active Duty Servicemembers and Families

SB 1316 (Broduer) – Information Dissemination

HB 1495 (Holcomb) and SB 1616 (Martin) – Pub. Rec./Security and Transportation Services Records

HB 1549 (McFarland) and SB 1648 (Bradley) – Pub. Rec./Investigations by the Department of Legal Affairs

SB 552 (Hooper) and HB 1437 (Esposito) – Public Records/Broadband Opportunity Program