BILL SUMMARY DETAILS

HB 423 (Cross) and SB 1538 (Stewart) require septic tank owners to have the system inspected every five years and direct the Department of Environmental Protection to implement the inspection program. The bills require basin management action plans to include estimated pollutant load reductions that meet or exceed the amount of load reductions needed to meet the total maximum daily load requirements under the plan. The bills require the allocation of pollutant load reductions in a basin management action plan to consider projected increases in pollutant loading due to growth in population or agricultural activity and require the plan to provide strategies for mitigating or eliminating pollutant load increases for the life of the plan. They also require the Department of Environmental Protection to conduct assessments of projects included in a plan to determine whether the project is working as intended. (O'Hara)

CS/SB 106 (Brodeur) and CS/HB 915 (Botana) authorize the Department of Environmental Protection to establish a program to recognize local communities located along or in proximity to one or more long-distance nonmotorized recreational trails as "trail towns." The bills revise provisions relating to the Florida Greenways and Trails Program. The bills authorize the Greenways and Trails Council to recommend priorities for regionally significant trails for inclusion by the Florida Department of Transportation in the Florida Shared Use Nonmotorized Trail Network. The bills revise the responsibilities of the Division of Tourism Marketing to include promotion of the Florida Greenways and Trails System and the Florida Shared-Use Nonmotorized Trail Network and to coordinate with the Office of Greenways and Trails to promote and assist local communities to maximize use of nearby trails as economic assets. They direct the Department of Transportation to give funding priority to specified trails and to ensure that local support exists for projects and trail segments. The bills authorize state agencies and local governments to obtain sponsorships from nonprofit or commercial entities and to use the sponsorship revenue for maintenance, signage, and amenities. (O'Hara)

CS/HB 847 (Stark) and SB 1082 (DiCeglie) amend Section 403.813, Florida Statutes, which currently authorizes exemptions from certain state and local permitting requirements for floating vessel platforms and floating boat lifts under specified circumstances. HB 847 provides that structures associated with a dock or structures wholly contained within a boat slip that do not exceed 500 square feet (or 200 feet in an Outstanding Florida Water) as specified in Section 403.813(1)(s)2., Florida Statutes, create a presumption of compliance with certain environmental impact requirements of the Florida Department of Environmental Protection. The bills provide that local governments may require only a one-time registration of all other floating vessel platforms where the platform owner self-certifies compliance with the statutory exemption criteria to ensure compliance with ordinances, codes, state-delegated programs or regulations relating to building or zoning, which may not be applied more stringently or inconsistently with the exemption criteria of the statute. (O'Hara)

SB 810 (Gruters) and CS/HB 1151 (Amesty) amend Section 163.08, Florida Statutes, relating to Property Assessed Clean Energy (PACE) programs and financing. The bills expand the purpose of the program to include resiliency-qualifying improvements to commercial or residential property. The bills define commercial property to include multifamily, commercial, industrial, agricultural, nonprofit, long-term care facilities or government-commercial property. Government-commercial property is defined as real property owned by a local government and leased to a nongovernmental lessee. The bills amend the current law definition of "qualifying improvement" to include any other improvements necessary to achieve a sustainable building rating or compliance with a national model green building code. The bills provide that a non-ad valorem assessment on a commercial property securing financing for a qualifying improvement is subject to a maximum annual fee of 1% of the annual assessment collected or $5,000, whichever is less. They specify that a delinquent assessment pursuant to a financing agreement with a nongovernmental lessee must be enforced in the manner provided by law for taxes and assessments on property owned by nongovernmental lessees of government commercial property. The bills specify conditions for entering financing agreements with commercial properties and governmental-commercial properties, as well as residential properties. They clarify the changes made by the bill are prospective and do not affect or amend any existing non-ad valorem assessment or any existing interlocal agreement between local governments. (O'Hara)

HB 175 (Busatta Cabrera) and CS/CS/SB 192 (Avila) require comprehensive plans and plan amendments by a county in Section 125.011(1) or any municipality therein, that apply to any land within, or within two miles of, the Everglades Protection Area (EPA) to follow the state-coordinated review process for state agency compliance review under Part II, Chapter 163, Florida Statutes, and requires the Department of Environmental Protection (DEP) to coordinate with the affected local governments on mitigation measures for plans or plan amendments that would impact Everglades restoration. The EPA consists of the three state-designated Water Conservations Areas (WCA-1, WCA-2 and WCA-3) as well as Everglades National Park. If DEP determines that any portion of a proposed plan or proposed amendment will adversely impact the EPA or Everglades restoration objectives, the local government must modify the plan or plan amendment to mitigate such impacts before adoption of the plan or amendment, or that portion of the plan or amendment may not be adopted. Plan amendments that apply to any land within, or within two miles of, the EPA must be transmitted to DEP within 10 days of the second public hearing on the amendment. Finally, the bills require a county whose boundaries include any portion of the EPA, and the municipalities within the county (any municipality within Palm Beach, Broward or Miami-Dade County), to transmit a copy of any small-scale plan amendment to the Department of Economic Opportunity within 10 days after adoption. (O'Hara)

HB 293 (Hinson) and SB 680 (Davis) would create the Energy Transition Task Force within the Department of Agriculture and Consumer Services to provide recommendations for fostering a fair and equitable transition of the state's energy infrastructure to renewable energy technologies within minority, underserved, rural and low-income communities. It directs the Task Force to submit a report with its recommendations to the Governor and Legislature by September 2024. (O'Hara)

SB 1238 (Rodgriguez) and HB 1217 (Melo) prohibit local governments from imposing certain requirements and prohibitions relating to energy-savings or energy-producing factors. The bills provide that, except for the purpose of compliance with building and fire safety laws, a local government may not require that a particular design or type of material be used in the construction of a building due to the design’s or the material’s energy saving or energy producing qualities. In addition, the bills prohibit a local government from prohibiting the use of a particular design or type of material in the construction of a building due to the material’s or design’s energy saving or energy producing qualities. The bills prohibit a local government from requiring a building or structure be retrofitted with a particular device or type of material because of its energy-saving or energy-producing qualities. The bills prohibit a local government from prohibiting the purchase or use of vehicles based on the type of energy used. The bills state that a local government may not prohibit or restrict the sale, installation, or use of natural gas home heating equipment, home appliances, outdoor heating appliances, torches, lamps, or other decorative features, or outdoor grills or stoves. The bills specify the prohibitions do not apply to any requirement included in a procurement document used to procure goods or services, including the construction or design of buildings, to be owned and used by the local government. The bills clarify that local governments may adopt bid specifications for public works projects that include energy savings or energy production provisions. (O’Hara)

SB 1164 (Collins) and CS/HB 1279 (Alvarez) amend various provisions relating to the Department of Agriculture, including provisions concerning the regulation of aquaculture. The bills express an intent to eliminate duplication of regulatory inspections of aquaculture products and preempt the regulatory and permitting authority of all aquaculture products to the Department. (O’Hara)

SB 1150 (Ingoglia) and HB 1307 (McClure) revise various provisions of law relating to the powers and duties of the Florida Department of Agriculture and Consumer Services. The bills amend the current law definition of “Category I liquefied petroleum gas dealer” to include persons engaged in the design of equipment for use of liquefied petroleum or natural gas. This definition has relevance to the current law preemption of local government prohibition of the types or fuel sources of energy production in Section 366.032, Florida Statutes, which includes a Category I liquefied petroleum gas dealer within the scope of the preemption. In addition, the bills amend the current law definition of “Category V LP gas installer to include persons engaged in the design of equipment for use of liquefied petroleum or natural gas. This definition, as well as the definition of “Category I liquefied petroleum gas dealer” are relevant to the current law restriction on local licensing and registration requirements for plumbing contractors in Section 489.105(3)(m), Florida Statutes. (O’Hara)

HB 77 (Fabricio) and SB 186 (Avila) provide that beginning July 2023, the ground vibration limit for construction materials mining activities within one mile of residentially zoned areas may not exceed .15 inches per second. The bills authorize the Chief Financial Officer to direct the State Fire Marshal to modify the standards for the use of explosives in connection with construction materials mining activities within one mile of residentially zoned areas. (O'Hara)

SB 506 (Stewart) and HB 1427 (Casello) require the Department of Environmental Protection to develop a comprehensive waste reduction and recycling plan by July 2024, based on recommendations from the Department's 2020 75% Recycling Goal Final Report. The bills also require the Department to convene a technical assistance group to help develop the plan. The plan must include the following: recycling goals based on sustainable materials management and waste diversion; a 30-year plan to implement strategies relating to recycling education and outreach; local government recycling assistance; and recycling materials market development. The bills require the Department to submit a report and recommendations to the Legislature following completion of the plan. (O'Hara)

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/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. The bills also prohibit the Department from authorizing a land application site permit for Class B biosolids within the subwatershed of a waterbody designated as impaired for either nitrogen or phosphorus or within an adjoining upstream subwatershed containing surface waters that flow to a waterbody designated as impaired for either nitrogen or phosphorus unless the applicant demonstrates the biosolids will not add to the nutrient load of the impaired watershed. The bills specify that new or renewed Class B biosolid land application site permits issued after July 2023 must meet the new requirements by July 2024 and that all permits for biosolid land application sites must meet the new requirements by July 2025. (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

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)

HB 833 (Duggan) and 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. 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 $50 for processing an individual registration application or $100 for a collective application

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

•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

•Pay in full all municipal or county code liens against the property being registered. 

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. 

Termination/Denial of License

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 owner fails to provide proof of local registration if one is required

•The local registration is terminated by a local government for violating any of the registration requirements described above

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

•DBPR may also suspend the license for up to 30 days when the short-term rental has been cited for two or more code enforcement violations during a 90-day period. (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)