BILL SUMMARY DETAILS

CS/SB 124 (Avila) and CS/HB 161 (Borrero) increase the just value limit of real estate eligible for the homestead tax exemption that may be adopted by counties or municipalities for certain persons age 65 and older if SJR 126, HJR 159 or a similar constitutional amendment is approved by the voters at the next general election. (Cruz)

SJR 126 (Avila) and HJR 159 (Borrero) propose an amendment to the Florida Constitution to increase the just value of a home that may be eligible to receive an additional homestead exemption for homes owned by seniors 65 years or older from $250,000 to $300,000. Under current law, a county or city may authorize an additional homestead exemption for seniors over the age of 65 if the value of the home is $250,000 or less, has been a permanent residence for at least 25 years, and certain income limitations are met. The legislation would simply increase the just value limit of real estate eligible for the homestead tax exemption from $250,000 to $300,000. (Cruz)

HB 1153 (Steele) and SB 1432 (Trumbull) would freeze the current local tax rate for CST for three years, from January 2023 to January 2026. Additionally, the bills would prevent local governments from charging franchise fees for the location of the utilities in the public right of way. Lastly, the bill reduces the state tax rate for CST percentage by 1.44%. (Chapman)

HB 127 (Smith) and SB 566 (Wright) expand the current ad valorem tax exemption for not-for-profit homes for the aged to also allow a home for the aged owned by a separate entity that is owned by a not-for-profit corporation to also receive the exemption. (Cruz)

HB 405 (Tramont) proposes an amendment to the Florida Constitution that would prohibit nonpartisan municipal elections. The proposal also provides that only qualified electors in a municipal election with the same party affiliation as a candidate for office may vote in the primary election for such office (even if a candidate has no opponent with a different party affiliation). The same prohibitions and limitations are imposed on all other state, county and local primary elections, including school boards. In addition, the proposal specifies that a candidate for office may not be prohibited from disclosing his or her party affiliation to the electors and may not be prohibited from campaigning or qualifying for office based on party affiliation. (O'Hara)

SB 1372 (Ingoglia) and HB 1321 (Beltran) strike provisions in current law that prohibit the political advertisement of a candidate running for nonpartisan office from stating the candidate’s party affiliation and strikes provisions in current law that prohibit a candidate for nonpartisan office from campaigning based on party affiliation. This would authorize a candidate for a nonpartisan municipal election to state his or her party affiliation in a political advertisement. HB 1321 would require all candidates running for a partisan office to state their party affiliation in a political advertisement and would also require candidates running for any nonpartisan office (including municipal) to state their party affiliation or state “nonpartisan” in lieu of party affiliation. (O’Hara)

SB 1080 (Yarborough) prohibits the consideration of the residential addresses of current elected officials, and the favoring or disfavoring of any candidate or incumbent, in the district drawing process for counties, municipalities and school districts. In addition, the bill specifies that district changes may be made by counties, municipalities and school districts only in odd-numbered years. (O’Hara)

HB 37 (Roach) and SB 774 (Brodeur) require all municipal mayors, city commissioners, elected members of a municipal governing body, and all municipal and county managers to file an annual Full Disclosure of Financial Interests (Form 6) with the Florida Commission on Ethics. These individuals are currently required to file only a Limited Disclosure of Financial Interests (Form 1). (O'Hara)

HB 199 (Hunschofsky), SB 620 (DiCeglie) and HB 241 (Daley) would remove a current law exemption in the Code of Ethics for Public Officers and Employees for officers of certain special taxing districts created by general or special law relating to conflicting employment and contractual relationships. The effect of the revision would make such officers subject to the prohibition against holding conflicting employment or contractual relationships. In addition, HB 241 would require ethics training for elected local officers of independent special districts. (O'Hara)

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

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)

HB 1209 (Shoaf) and SB 1482 (Simon) modify provisions of the Rural Infrastructure Fund to increase the amount the Department of Economic Opportunity (DEO) may award for grants from 50% of the total infrastructure project cost to 75%. If the project is located within a rural community or a rural area of opportunity, they may receive up to 100% of the project cost. The bills also increase the grant award amount for infrastructure planning and preparation activities to $300,000 and remove the requirement for a local match. (Taggart)

HB 1511 (Giallombardo) and 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 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. (Branch)

CS/HB 383 (Griffitts) and SB 346 (DiCeglie) require a contract for construction services between a local government entity and a contractor to include the estimated cost of each item necessary to complete the work. The bills restrict the ability of local governments to withhold certain amounts under the contract only to those subject to good faith disputes or claims against public surety bonds. The bills also preempt the ability of a municipality to enact a local preference ordinance when awarding a public works project. (Branch)

CS/HB 327 (Bell) and SB 408 (Perry) define a fire sprinkler system project as an 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 building. The bills create an expedited permitting process for certain “fire sprinkler system projects,” which prohibits local enforcement agencies from requiring a fire protection system contractor to submit plans to obtain a building permit for a fire sprinkler system project. A local government may require a contractor as a condition of obtaining a permit for a fire sprinkler system project, but may not require a contractor to submit plans or specifications as a condition of obtaining the permit. All documents for a fire sprinkler system project must be available to the inspector at each inspection. (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/HB 89 (Maggard) and SB 512 (Hooper) would prohibit a local government from making substantive changes to building plans after a permit has been issued. 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 Fire Prevention Code or Life Safety or local amendments, identify the specific code chapters and sections upon which the finding is based and provide this information to the permitholder. A local fire inspector, plans reviewer or building official who fails to comply will be subject to disciplinary action. (Branch)

HB 833 (Duggan) and 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)