BILL SUMMARY DETAILS

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) – Civil Remedies

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

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

HB 119 (Benjamin) – 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

SB 368 (Osgood) – Machine Guns

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 899 (Canady) and 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. (Taggart)

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. 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)

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)

HB 341 (Amesty) revises the time period that a 911 public safety telecommunicator certificate may remain inactive or be reactivated from 180 days to 6 years. (Taggart)

HB 364 (Avila) and 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. (Taggart)

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

SB 842 (Harrell) provides a public records exemption for the personal identifying information of a person reporting a potential code violation. (Taggart)

HB 157 (Holcomb) and SB 518 (DiCeglie) provide a public records exemption for the personal information of individuals who foster or adopt an animal from an animal shelter or animal control agency operated by a local government. (Taggart)

SB 216 (Burgess) and HB 525 (Arrington) create a public records exemption for the personal identifying and location information of current and former county and city attorneys and assistant/deputy county and city attorneys, as well as information regarding the spouses and children of those attorneys. (Taggart)

SB 552 (Hooper) provides a public records exemption for certain information relating to communications services locations, project proposals, and challenges submitted to the Department of Economic Opportunity under the Broadband Opportunity Program. (Taggart)

HB 495 (Antone) creates the Commission on Public Safety in Urban and Inner-City Communities within the Department of Law Enforcement. The purpose of the commission is to investigate system failures and the causes and reasons for high crime and gun violence incidents in urban and inner-city neighborhoods and communities and to develop recommendations for system improvements. Linked to HB 495, HB 497 (Antone) creates a public meeting exemption for the Commission on Public Safety in Urban and Inner-City Communities when exempt or confidential information is discussed. This provision is set to sunset in 2028. (Taggart)

HB 7007 (Ethics, Elections & Open Government Subcommittee) saves from repeal the public record and public meeting exemption for security or firesafety system plans for any property owned by or leased to the state or any of its political subdivisions or for any privately owned or leased property held by an agency, information related to such systems, as well as any portion of a meeting relating directly to or that would reveal such systems, plans or information. (Taggart)

HB 7001 (Yarkosky) and SB 7006 (Governmental Oversight and Accountability) save from repeal the public record exemption for information related to the Nationwide Public Safety Broadband Network. (Taggart)

HB 7009 (Ethics, Elections & Open Government Subcommittee) and SB 7008 (Governmental Oversight and Accountability) save from repeal the public record exemption for building plans, blueprints and schematic drawings. The exemption does not apply to comprehensive plans or site plans that are submitted for approval or that have been approved under local land development regulations, local zoning regulations or development-of-regional-impact review. (Taggart)

HB 279 (Jacques) and SB 310 (Collins) would require federal law enforcement agencies that are not subject to the Freedom of Information Act and have a physical office in Florida to comply with the state's public records requirements. (Taggart)