BILL SUMMARY DETAILS

CS/CS/SB 250 (Martin) and CS/HB 7057 (Giallombardo) are bills dealing with natural emergencies that impact the state. Of interest to cities, the bills do the following:

Building Permits and Contracts

•Require the Division of Emergency Management to post on its website a model debris removal contract for the benefit of local governments. 

•Encourage local governments to create emergency financial plans in preparation for major natural disasters.

•Authorize local governments to create specialized building inspection teams following a natural disaster and encourage interlocal agreements for additional building inspection services during a state of emergency. 

•Require local governments to expedite the issuance of permits following a natural disaster.

•Prohibit counties and municipalities located in areas designated in the Federal Emergency Management Agency disaster declaration for Hurricane Ian or Hurricane Nicole from increasing building fees before October 1, 2024. This preemption expires on June 30, 2025. 

•CS/HB 7057 prohibits counties and municipalities within 100 miles of landfall of Hurricane Ian or Hurricane Nicole from proposing or adopting a moratorium on construction, reconstruction or redevelopment of properties damaged by these storms. The bill provides that public utilities are not liable for damages based in whole or in part on changes in the reliability, continuity or quality of utility services that arise out of an emergency or disaster.

Tolling and Contractors

•Increase the extension of certain building permits following a declaration of a state of emergency from six to 24 months and cap such extension at 48 months in the event of multiple natural emergencies.

•Allow registered contractors to engage in contracting for the types of work covered by their registration within areas for which a state of emergency has been declared. This authorization terminates 24 months after the expiration of the declared state of emergency. 

•CS/HB 7057 was amended to provide that the tolling and extension of permits and other authorizations under a declared state of emergency apply retroactively to September 28, 2022.

Zoning and Funding

•Provide that counties and municipalities cannot prohibit a resident from placing a temporary residential structure on their property for up to 36 months following a natural emergency under certain circumstances.

•Prohibit counties and municipalities within the disaster declaration for Hurricane Ian or Hurricane Nicole from adopting more restrictive procedures for proposing amendments to its comprehensive plan or land development regulations or for issuing a development permit or development order before October 1, 2024.

•Make the Local Government Emergency Bridge Loan Program a revolving program and makes funds available for local governments impacted by federally declared disasters until July 1, 2038. 

CS/CS/SB 250 passed the Senate (39-0) and is awaiting action by the House. (Branch)

CS/SB 718 (Yarborough) and CS/HB 653 (Canady) specify that before starting annexation procedures, a local government shall prepare a feasibility study for the proposed area. To provide needed clarification on the process of contraction, the bills require a city to get permission from at least 50% of owners in an area proposed to be de-annexed when more than 70% of the land is owned by individuals, corporations or legal entities. "Contraction" means the reversion of property within municipal boundaries to an unincorporated status. Currently property owners who are not registered to vote from the property from the land in question have no voice in this process. The goal of the legislation is to prevent situations where a small group of property owners has requested a contraction of a large area of land and most of the land in question is owned by a property owner who is opposed to the contraction but is not registered to vote from the parcels in question. (Cruz)

CS/SB 1096 (Martin) and CS/HB 1607 (Black) provide that any person or entity that damages, defaces, destroys or removes an existing monument or memorial will be civilly liable for the costs to return, repair or replace the monument or memorial unless the person was authorized or the entity was the owner. The bills provide legal standing to any resident of this state to bring a civil action against any person or entity for damaging a monument or memorial displayed on public property. The bills clarify that these provisions do not prevent an agency from relocating a monument or memorial when necessary for the construction, expansion or alteration of publicly owned buildings, roadways or other transportation projects. The agency must relocate the monument or memorial to a site of similar prominence, honor and visibility within the same jurisdiction. (Taggart)

CS/CS/SB 1570 (Hooper)/HB 1625 (Mooney) and SB 1584 (Perry)/CS/HB 1383 (Trabulsy) would allow municipalities to impose certain occupational licenses if the local government imposed a licensing requirement before January 1, 2021. HB 1383 prohibits a local government from requiring a license as a prerequisite to submit a bid for public work projects if the work to be performed does not require a license under general law. The bills change the expiration of local government occupational licenses to July 1, 2024. (Branch)

SB 920 (DiCeglie) prohibits a local government from denying a request for a variance or an exception if the local floodplain management requirements exceed the minimum standards for the National Flood Insurance Program. (Branch)

HB 169 (Lopez) and CS/SB 314 (Rodriguez) require employers of first responders to pay for up to 12 hours of licensed counseling following a work-related traumatic event. This benefit would be in addition to any potential workers' compensation claim or counseling services covered by health insurance. Covered first responders include firefighters, paramedics, emergency medical technicians and law enforcement officers, including those working on a volunteer basis. The bills also hold the employing agency responsible for paying for up to an additional 24 hours of treatment if a mental health specialist finds that the first responder requires more hours of counseling. CS/SB 314 was amended to cap the cost of employer-paid counseling at $500 per hour. The bill was also further expanded to include correctional officers. (Cruz)

CS/CS/HB 807 (Borrero) and SB 1700 (DiCeglie) would allow a person who holds a valid vehicle for hire license or permit from any city or county the ability to operate a vehicle for hire in another city or county without being subject to additional licensing or permitting requirements. CS/CS/HB 807 was amended to exclude public-use airports and vehicles used to transport handicap individuals. (Branch)

CS/CS/HB 3 (Rommel) and CS/SB 302 (Grall) are comprehensive bills aimed at eliminating the consideration of environmental, social and governance (ESG) from government investment strategies, procurements, bond issuances and use of banks. The relevant provisions to local governments are as follows: 

•The bills require fiduciaries of all government retirement plans to make investment decisions that only consider pecuniary factors, which 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. 

•The bills prohibit local governments from the issuance of bonds used to further an ESG purpose. The bills define 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. 

•The bills require that any contract between a government entity and an investment manager include provisions requiring a disclaimer be included in any communications from the investment manager. The disclaimer the investment manager must include states: "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." 

•The bills amend 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.

•Lastly, the bills amend 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. 

CS/CS/HB 3 passed the House (80-31) and the Senate (28-12) and is awaiting action by the Governor. (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/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 if 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. (Branch)

CS/CS/CS/SB 1068 (Collins) and CS/CS/CS/HB 1071 (Duggan) prohibit local governments from withholding issuance of a business tax receipt or enacting or enforcing an ordinance or resolution that prohibits a drone delivery service’s operation based on the location of the delivery service’s drone port. As amended, the bills exempt drone ports from the Florida Fire Prevention Code, including national codes and the Life Safety Code. The bills allow local governments to enforce minimum setback and landscaping regulations that are generally applicable to permitted uses in the drone port site’s zoning district. CS/CS/CS/SB 1068 passed the Senate (40-0) and is awaiting action by the House. (Branch)

CS/SB 782 (Hooper) and CS/CS/HB 869 (McClain) are a broad agency package for the Department of Business and Professional Regulation. Within this package is a new requirement for vacation rental licensees or licensed agents to create an online account and provide an email contact for all communications. Any changes made to the address or number of houses/units under a license must be submitted to the division within 30 days. (Taggart)

CS/SB 998 (Burgess) prohibits a municipality from terminating a police chief without providing written notice, including just cause, and give them the opportunity to defend themselves against the termination in a public hearing. The chief may be represented by counsel at the public meeting at their own cost. The bill clarifies that these provisions do not supersede any written employment contract, discipline, or termination standards or procedures.  

CS/CS/HB 935 (Jacques) is similar but narrower in scope. The bill prohibits a municipality from terminating a police chief without first providing them written notice and allowing them the opportunity to offer a response at the next regularly scheduled council meeting. The bill specifies that a municipality cannot waive or modify this requirement in a contract or include a nondisclosure clause that prohibits a police chief from responding to their termination. (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/HB 359 (Duggan) and CS/CS/SB 540 (DiCeglie) would allow for the Capital Improvement Element of Local Comprehensive Plans to have the option to modified administratively if all the projects have been adopted by the project’s appropriate board. Additionally, the bills amend language to allow for the prevailing party in a challenge to recover attorney fees and costs in challenging or defending a plan or plan amendment, including reasonable appellate attorney fees and costs. The bills extend the deadline by which that small scale and large scale plan amendments must be adopted. The bills also prohibit local governments from enforcing any land development regulations, other than those related to density or intensity, on any of the institutions within the Florida College System. (Chapman)

CS/CS/CS/HB 439 (McClain) and CS/CS/SB 1604 (Ingoglia):

As amended, CS/CS/CS/HB 439 in its current form revises and amends a variety of elements impacting local government comprehensive planning as well as methodologies in data usage and planning period timeframes. The bills include local governments must comply with Special Magistrate decisions where land use decisions were challenged by petitioners who were previously denied. The amendments included in CS/CS/CS/439 removed the sections pertaining to several key terms which were redefined such as Density, Intensity, Urban Service Area, and Urban Sprawl. The amendment to the bill also removed the requirement for the use the State Office of Economics, Demographics, and Research as the sole source of data for Comprehensive Planning. Further, the amendment deleted the removal of the consideration of Levels of Service as a basis for denying a petition. Planned Unit Developments are removed from this section of Florida Statutes pertaining to architectural/design standards. The bills also prohibit the formation of new Design Review Boards unless established before January 1, 2020. The bills have a retroactive date of January 1, 2023.  

CS/CS/SB 1604 includes many of the same provisions of CS/CS/CS/HB 439 but does not include the Special Magistrate mandate and data source requirements are different to allow for local data input into comprehensive plans. CS/CS/SB 1604 was amended to remove the original language pertaining to the Special Magistrate decisions, the redefinitions section, the limitation on the use of local data, and the prohibition of using levels of service as a basis for denial. CS/CS/SB 1604 removes the ability of local governments to require certain design elements to single-family or two-family dwellings located in a planned unit development or master planned community. The bill also limits the application of those elements in communities with a design review board to only those boards adopted prior to January 1, 2020.

Both CS/CS/SB 1604 and CS/CS/CS/HB 439 were amended to allow for the review of the development agreement by an independent special district executed within three months preceding the effective date of a law modifying the makeup of the governing board. The new board shall review any development agreements within the initial four months of taking office.

CS/CS/CS/HB 439 was additionally amended to include the following:

•Electric substation approval process in Florida Statutes 163.3208 changes 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. The language further includes that new and existing electric substations shall be permitted use in all land use categories in the application of local government comprehensive plan and zoning districts.

•Affordable housing approval process that would allow an applicant of a development order of an existing development of housing with demonstrated 25% of the dwelling units are affordable as defined in Section 420.0004 may be granted approval to expand the development to adjacent property in any future land use category if at least 25% of the expanded dwelling units are affordable at the time of the initial sale or lease.

•Local government mobility fees: If a local government adopts an alternative mobility funding system under Section 163.3180(5)(i), 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 of the impact fee was first established. (Chapman)