BILL SUMMARY DETAILS

CS/CS/HB 423 (LaMarca) does the following:

•Increases the minimum hours of training required in multifamily training programs for a fire safety inspector to qualify to take the building inspector or plans examiner certification exam

•Allows those that have completed a four-year internship certification program with a private provider (instead of with a local government) to qualify to take the building inspector or plans examiner certification exam

•Prohibits the Florida Building Code Administrators and Inspectors Board from requiring employment with a local government as a condition for the issuance of a provisional certificate

•Clarifies that applicants that use private providers can only be charged permit fees based on the costs actually incurred by the local government to process the permit

•Requires that local governments give private providers equal access to permitting and inspection documents

•Requires building officials to issue occupancy or completion certificates within 10 days of a "deemed granted" certificate

•Allows an owner, builder or an association of owners located in Florida that has a valid building permit issued by a local government for a fee to bring a civil action under certain circumstances 

•Provides that a local government may not prohibit or restrict a property owner to obtain a building permit to demolish any single-family residential structure located in certain flood hazard areas provided that the permit otherwise complies with applicable building code requirements.

CS/CS/HB 423 passed the House (113-0) and the Senate (38-0) and is awaiting action by the Governor. (Branch)

SB 1020 (Perry), SB 976 (Perry) and CS/CS/HB 635 (Maggard) prohibit local building code administrators, inspectors and fire safety marshals from making changes to certain building plans under specified circumstances once the local building department has approved and sealed the plans. 

HB 1281 (DiCeglie) and SB 976 prohibit any governmental entity from requiring participation in a paid subscription service to access solicitations of competitive bids or proposals which must be publicly advertised. The bills require that such solicitations be available on the publicly accessible website of the applicable governmental entity after the solicitation has been advertised. (Branch)

CS/SB 512 (Burgess) and CS/HB 325 (Fischer) 

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” protections, 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 the registration 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. 

CS/HB 325 was amended in committee to change the fee structure for ordinances adopted after 2014. CS/HB 325 now prohibits local governments from charging a fee for a local vacation rental registration. However, the amendment “grandfathers” in the fee structure for local governments with ordinances in place up until the bill takes effect. Going forward, local governments who receive “grandfathered” protections of their fee would not be permitted to increase them, only reduce or eliminate the amount. Additionally, the amendment includes a cure period for vacation rental owners who fail to register with the local government. The bill now mandates local governments waive the fine for failure to register if the owner becomes complaint within 30 days of receiving the notice. These provisions are not contained in CS/SB 512. 

CS/SB 512 was amended to account for collective licenses at the local level and caps the registration fee at $100. 

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, 2023, 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. CS/SB 512 was amended to specify that these violations must be brought by a code enforcement board. (Taggart)

CS/HB 7071 (Ways and Means Committee) is the tax package for the 2022 Legislative Session. The bill provides for several tax reductions and other tax-related modifications. Several provisions in the bill are related to property taxes including increasing the value of property exempt from ad valorem taxation for residents who are widows, widowers, blind, or totally and permanently disabled from $500 to $5,000. The bill provides property tax abatement for residential property rendered uninhabitable for 30 days or more due to a catastrophic event and provides relief from all assessments to owners affected by the sudden and unforeseen collapse of a residential building in 2021. The bill clarifies how the start date is calculated relating to the 15-year waiting period for an affordable housing exemption. The bill also modifies the assessment methodology for land used in the production of aquaculture products. The bill includes the “Florida Motor Fuel Tax Relief Act of 2022,” which is a one-month holiday reducing certain motor fuel taxes. The bill includes numerous sales tax holidays, two new sales tax exemptions and a reduction in the sales tax on new mobile homes. (Hughes)

CS/HB 7053 (Environment, Agriculture & Flooding Subcommittee) establishes the Office of Resiliency within the Executive Office of the Governor and provides for the appointment of a Chief Resilience Officer. The bill requires the Department of Transportation to develop a resilience action plan for the State Highway System. The bill makes various revisions to current law relating to statewide resiliency funding and planning, including: authorizing the use of Resilient Florida Grant Program funds for preconstruction activities for projects in municipalities and counties meeting certain population thresholds, but not for projects that adapt critical assets to flooding and sea-level rise; extending by one year the dates by which the Comprehensive Statewide Flood Vulnerability and Sea-Level Rise Data Set and the Assessment must be completed; requiring the Florida Flood Hub to provide tidal and storm surge flooding data to cities and counties for vulnerability assessments; and requires DEP to rank and include in its annual Statewide Flooding and Sea Level Rise Resilience Plan all eligible projects that were submitted and to include a detailed overview describing how the plan was developed; specifying that the DEP plan submitted in 2023 must be an update to the preliminary plan submitted in 2021; and authorizes drainage districts, erosion control districts, regional water supply authorities, and certain special districts to submit proposed projects for the plan under certain circumstances. HB 7053 passed the House (114-1) and the Senate (37-0) and is awaiting action by the Governor. (O’Hara)

CS/CS/CS/SB 974 (Gruters) and CS/CS/HB 985 (Beltran) revise 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/CS/HB 985, as amended, seeks to increase statutory limits for claims to $400,000 per person and $600,000 per incident.

CS/CS/CS/SB 974 was amended to change the current statutory limits to a tiered system based on a population threshold. A city or county whose population is 50,000 or less maintains the current limits of $200,000 per person and $300,000 per occurrence. For a city or county whose population is between 50,001-250,000, the limits increase to $300,000 per person and $400,000 per occurrence. Lastly, for a city or county whose population is greater than 250,001, the limits would be increased to $400,000 per person and $600,000 per occurrence. (Cruz)

CS/HB 1475 (McClure) provides that if the U.S. Environmental Protection Agency has not finalized its standards for Per- and Polyfluoroalkyl Substances (PFAS) in drinking water, groundwater and soil by January 2025, the Department of Environmental Protection (DEP) must adopt by rule statewide cleanup target levels for PFAS in drinking water, soil and groundwater, with priority given to PFOA and PFOS. The DEP rules may not take effect until ratified by the Legislature. In addition, until the department’s rule for a particular PFAS constituent has been ratified by the Legislature, a governmental agency or private water supplier may not be subject to any administrative or judicial action under Chapter 376 brought by any state or local governmental entity to compel or enjoin site rehabilitation, to require payment for the cost of rehabilitation, or to require payment of any fines or penalties regarding rehabilitation based on the presence of that particular PFAS constituent. CS/HB 1475 passed the House (111-0) and the Senate (38-0) and is awaiting action by the Governor. (O’Hara)

CS/SB 518 (Brodeur) clarifies current law section 163.045, F.S., which provides that a local government may not require a notice, application, permit, fee, or mitigation for pruning, trimming, or removing a tree on a residential property if the owner obtains documentation from an arborist or licensed landscape architect that the tree presents a danger to persons or property. The bill defines “documentation” as an onsite assessment performed in accordance with tree risk assessment procedures outlined in Best Management Practices – Tree Risk Assessment, Second Edition (2017) by an arborist certified by the International Society of Arboriculture (ISA) or a Florida licensed landscape architect, and signed by the arborist or landscape architect. It defines “residential property” as a single-family, detached building located on a lot actively used for single-family residential purposes and that is either a conforming use or a legally recognized non-conforming use. The bill removes reference to the term “danger” and replaces it with the phrase “unacceptable risk”. It specifies a tree presents an unacceptable risk if removal is the only means of practically mitigating its risk before moderate, as determined by the tree risk assessment procedures outlined in the Best Management Practices – Tree Risk Assessment, Second Edition (2017). CS/SB 518 passed the Senate (38-0) and the House (116-1) and is awaiting action by the Governor. (O'Hara)

SB 886 (Jones) and HB 515 (Robinson, F.) require a municipal water or sewer utility that serves customers in another recipient municipality using infrastructure located in the recipient municipality to charge consumers in the recipient municipality the same rates, fees and charges as it does the consumers inside its municipal boundaries. (Branch)

CS/CS/SB 280 (Hutson) and CS/HB 403 (Giallombardo) impose new substantive requirements on municipalities for adopting and enforcing ordinances. First, the bills require a municipality to prepare a business impact estimate before adopting an ordinance and specifies the minimum content that must be included in the statement. The estimate must be posted on the municipality’s website no later than the date of publication of notice of the proposed ordinance. Second, the bills require a municipality to suspend enforcement of an ordinance that is the subject of a civil action challenging the ordinance’s validity on grounds that it is arbitrary or unreasonable or expressly preempted by state law. This requirement applies only if: the action was filed within 90 days of the ordinance’s effective date; suspension of the ordinance was requested in the complaint; and the municipality was served with a copy of the complaint. If the municipality prevails in the civil action and an appeal is taken, the bills authorize the court to consider continuing or lifting the stay of enforcement of the ordinance. Third, the bills authorize the award of attorney fees, costs and damages to a prevailing plaintiff in a civil action commenced after October 1, 2022, in which an ordinance is alleged to be arbitrary or unreasonable. The bills require courts to prioritize and expedite the disposition of cases in which enforcement of an ordinance is suspended. The bills exempt various ordinances from the stay of enforcement provision. CS/CS/SB 280 passed the Senate (28-8) and died in the House. (O'Hara)

SB 1944 (Baxley) and CS/CS/HB 1241 (Hawkins) address local governments’ contractual remedies against a solid waste or recycling vendor if the vendor fails to perform under the contract with the local government. SB 1944 prohibits local governments from seeking liquidated damages, administrative fees, or other similar charges against a solid waste management or recycling entity for action or inaction during a local, state or federal emergency. SB 1944 also caps the amount of liquidated damages, administrative fees or other similar charges that may be sought against a waste or recycling company to 50% of the amount billed to the customer for collection services at the daily rate. CS/CS/HB 1241 would prohibit a local government from assessing liquidated damages against a vendor that misses a scheduled collection during a declared emergency, so long as the vendor provides the missed collection service within 36 hours of the scheduled service. If the vendor fails to provide the collection service after 36 hours, the local government is not required to pay for that service. The bill does not apply to missed collections that are due to the fault of the vendor, and the bill does not apply to contracts or contractual provisions for the collection of storm-generated yard trash. Both bills apply to contracts executed or renewed on or after July 1, 2022. (O’Hara)

HB 621 (Fine) and SB 1162 (Broxson) prohibit specified state agencies and water management districts from disbursing state funds (including grants) for local government infrastructure, water and resiliency projects if the local government transfers its utility revenues (other than the costs of administrative and support services under a cost allocation plan) for use in providing general government functions and services. (Branch)

HB 9241 (Giallombardo) would provide a nonrecurring sum of $5 million to fund the Cyber Florida - Local Government Infrastructure and Technical Assistance. This funding would create a program for Cyber Florida to offer threat assessments and grant funding to help local governments update their information technology. (Taggart)

CS/HB 7057 (State Administration and Technology Appropriations Subcommittee, Giallombardo) provides a public records exemption for coverage limits and deductible or self-insurance amounts of insurance or risk mitigation coverages acquired for the protection of information technology systems, operational technology systems or data of a local government. The bill also exempts information related to an agency’s critical infrastructure. Additionally, any information related to an agency’s network schematics, hardware and software configurations, or encryption information or details that identify detection, investigation, or response practices or confirmed cybersecurity incidents are exempt under the bill. Finally, the bill creates a public meeting exemption for any portion of a meeting that would reveal the confidential and exempt information described above. The meetings must be recorded and transcribed, but those records are exempt. CS/HB 7057 passed the House (111-0) and the Senate (38-0) and is awaiting action by the Governor. (Taggart)

CS/HB 7055 (State Administration and Technology Appropriations Subcommittee, Giallombardo) creates the Local Government Cybersecurity Act. The bill requires all local government employees with access to the government’s network to complete a basic cybersecurity training within 30 days after they begin employment and annually thereafter. All local government technology employees and employees with access to highly sensitive information will be required to complete more advanced cybersecurity training. The Florida Digital Service will develop and provide these trainings. The bill also requires local governments to adopt cybersecurity standards that safeguard their data, information technology and information technology resources to ensure availability, confidentiality and integrity. The standards must be consistent with generally accepted best practices for cybersecurity, including the National Institute of Standards and Technology (NIST) and Technology Cybersecurity Framework. Municipalities with a population over 25,000 must comply by January 1, 2024. Municipalities with a population under 25,000 must comply by January 1, 2025. The bill also requires local governments to report cybersecurity incidents and ransomware incidents to the State Watch Office as soon as possible but no later than 48 hours after discovery for a cybersecurity incident and 12 hours after discovery for a ransomware incident. The bill also prohibits state agencies, counties and municipalities from paying or otherwise complying with a ransom demand. The budget includes $67 million of nonrecurring state funding to assist local governments in complying with the provisions of the bill. 

The bill was amended to add more clarity regarding the type of cyber incidents that need to be reported by a local government. The amendment defines the levels of severity of a cybersecurity incident set by the U.S. Department of Homeland Security National Cyber Incident Response Plan. All incidents that could be described as levels 3-5 in severity shall be reported to the Cybersecurity Operations Center with the timelines specified above. Level 1-2 incidents may be reported if the local government chooses. The amendment also requires the advanced training to include training on the incident levels. CS/HB 7055 passed the House (110-0) and the Senate (38-0) and is awaiting action by the Governor. (Taggart)

CS/HB 7069 (Pandemics & Public Emergencies Committee) does the following:

•Creates a statewide structural inspection program for aging multifamily residential buildings

•Defines the term "milestone inspection" to mean a structural inspection of a building by a licensed architect or engineer authorized to practice in this state for the purposes of attesting to the life safety and adequacy of the structural components

•Makes known that the cost associated with the inspections are the responsibility of the condominium owner or association

•Requires multifamily residential buildings that are greater than three stories in height to have a milestone inspection performed by December 31 of the year in which the building reaches 30 years of age and every 10 years thereafter

•Requires multifamily residential buildings located within 3 miles of a coastline and are greater than three stories in height to have a milestone inspection performed by December 31 of the year in which the building reaches 25 years of age and every 10 years thereafter

•Requires local enforcement agencies to provide certain written notice to condominium associations and cooperative

•Requires the condominium association to complete the milestone inspection report within 180 days after receiving written notice

•Requires any multifamily residential building whose certificate of occupancy was issued on or before July 1, 1992, to have their initial milestone inspection performed before December 31, 2024

•Requires the architect or engineer who performed the inspection to submit a sealed copy of the report to each condominium unit owner and to the building official of the local government of jurisdiction

•Allows the local enforcement agency the ability to prescribe timelines and penalties with respect to compliance with the above section

•Allows a board of County Commissioners to adopt an ordinance specifying when repairs must commence. If the association fails to commence repairs within 365 days, the local enforcement agency must review and determine if the building is unsafe for human occupancy 

•Requires the Florida Building Commission to develop comprehensive structural and life safety standards for maintaining and inspecting all building types and structures by December 31, 2022. 

CS/HB 7069 passed the Senate (38-0) and is awaiting action by the House. (Branch)

CS/SB 620 (Hutson) allows a business that has been engaged in a lawful business in a municipality for at least three years to claim business damages from the municipality if it enacts or amends an ordinance or charter provision that will cause a reduction of at least 15% of the business’ profit as applied on a per-location basis of a business operated within the jurisdiction. The bill provides three ways for a municipality to cure the business’ claim and avoid paying damages: repeal the ordinance or charter provision; amend the ordinance or charter provision; or grant a waiver to the business from enforcement of the ordinance or charter provision. The bill provides exemptions from business damages claims for various ordinances and charter provisions: ordinances required to comply with, or expressly authorized by, state or federal law; emergency ordinances, declarations or orders adopted pursuant to the state Emergency Management Act; a temporary emergency ordinance that remains in effect for no more than 90 days; ordinances or charter provisions enacted to implement: Part II of Chapter 163 (including zoning, development orders and development permits); the Florida Building Code; the Florida Fire Code; a contract or an agreement, including contracts or agreements relating to grants or other financial assistance; debt issuance or refinancing; procurement; budgets or budget amendments, including revenue sources necessary to fund the budget. The bill specifies that in action to recover damages, the courts may award attorney fees and costs to the prevailing party. The bill is prospective and apply to ordinances and charter provisions enacted or amended after the legislation becomes law. CS/SB 620 passed the Senate (22-14) and the House (69-45) and is awaiting action by the Governor. (O’Hara)

SB 352 (Hooper) – Construction Liens

HB 263 (Bell) – Notice of Commencement Requirements

HB 1397 (Geller) and SB 1774 (Pizzo) – Condominium Associations

HB 626 (Wright) and SB 659 (Harding) change the effective date of the Florida Fire Prevention Code so that the Code will take effect no sooner than six months after the latest occurrence of the publication of the updated Florida Building Code. (Branch)

SB 1604 (Perry) and HB 771 (Andrade) require the Florida Building Commission to develop uniform standards for the maintenance and periodic inspections of existing building structures and facilities across the state. (Branch)