BILL SUMMARY DETAILS

CS/CS/HB 685 (Drake) reduces the required non-state match amount for the Regional Rural Development Grants Program from 25% to 15% and allows in-kind contributions to count toward this threshold. The bill removes the requirement that repaid funds from the Rural Community Development Revolving Loan Fund be matched to be retained to fund future loans. Finally, the bill revises the uses of the Rural Infrastructure Fund to remove the requirement that grants be linked to financing specific projects. It increases the proportion of an infrastructure project that may be covered by the grant from 50% to 75% and increases the maximum grant for infrastructure feasibility studies, design and engineering activities, or other infrastructure planning and preparation activities to $300,000 for all projects. The bill removes the local match requirement for surveys, feasibility studies, and other activities related to the identification and preclearance review of land which is suitable for preclearance review and removes the requirement that a grant for an employment project creates a minimum number of jobs. (Taggart)

SB 434 (Hooper) and HB 489 (Chaney) delay the scheduled repeal of the Florida Tourism Industry Marketing Corporation (Visit Florida) and the Division of Tourism Marketing of Enterprise Florida, from 2023 to 2028. HB 434 passed the House (98-17) and is awaiting action by the Senate. (Taggart)

CS/SB 800 (Albritton) authorizes municipalities to exempt by ordinance the public service tax on electrical energy for qualified purchasers determined by the Department of Revenue (DOR). The bill also provides a sales tax exemption for building materials being used to revitalize real property located within an opportunity zone. The bill specifies that the sales tax exemption will be distributed in the form of a refund on previously paid taxes if the property owner, lessee or lessor files an application with the local government that the opportunity zone is located. The bill specifies the information that the applicant will be required to provide in their application to the local government and give the local government 10 business days to certify the application for completeness and transmit it to DOR. The applicant is also required to forward the application to DOR. Applications for a sales tax refund must be submitted to DOR within six months of the real property being deemed “substantially completed” by the local building inspector. Applicants are limited to one application per property, and the amount must exceed $500. Additionally, the bill expands this tax exemption to include electrical energy being used by a business that operates in an opportunity zone for up to 50% of the tax imposed if the municipality chooses to adopt an ordinance. The bill also modifies some parameters of the Rural Job Tax Credit Program by removing the minimum number of employees and increasing the tax credit per employee from $1,000 to $2,500. The bill also creates the Rural Opportunity Tax Refund Program intended to provide tax relief for new, qualified targeted businesses that bring economic diversity and high-wage jobs to rural areas. In order for a qualified targeted business to receive this tax benefit, the municipality where the business will be located must adopt a resolution recommending the applicant be approved. (Taggart)

HB 499 (Gregory) and SB 1298 (Gruters) require agreements between a governmental entity and a professional sports team or sporting event entered into after July 1, 2022, to include a requirement that the U.S. National Anthem be played at the beginning of each sporting event if the agreement includes a financial commitment from the governmental agency. The government that enters into the agreement would be responsible for enforcing this requirement. The bills also specify penalties for the sports entity for failure to comply. (Taggart)

SB 1740 (Wright) and CS/CS/HB 1287 (Botana) provide an exemption from public records information related to threat technology and operational technology systems of a utility owned or operated by a unit of local government, including but not limited to plans and actions made or taken in response to a ransomware attack or other cyberattack. CS/CS/HB 1287 was amended to expand the exemption to include insurance information and critical energy infrastructure information to information held by all local governments, not just utilities owned or operated by a local government. The amendment also added a public meeting exemption for portions of a meeting of a local government that would reveal data or information made confidential under the bill. The bills also exempt from public record information related to insurance or other risk mitigation products or coverages, including but not limited to deductible or self-insurance amounts, coverage limits, and policy terms and conditions. (Taggart)

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/SB 828 (Hutson) requires local governments when procuring automation and control system components, services, or solutions or entering into a contract for the construction, reconstruction, alteration, or design of a critical infrastructure facility that such components, services, and solutions conform to the ISA 62443 series of standards as referenced by the National Institute of Standards and Technology Cybersecurity Framework (NIST CSF), beginning July 1, 2022. The bill also requires local governments to ensure that all contracts for the construction, reconstruction, alteration, or design of a critical infrastructure facility require that installed automation and control system components meet the minimum standards for cybersecurity as defined in the ISA 62443 series of standards as referenced by NIST CSF. 

HB 1147 (Giallombardo) is similar to CS/SB 828 but has different implementing requirements and timelines. By July 1, 2022, when local governments procure automation and control system components, services, or solutions, or when contracting for facility upgrades for critical infrastructure, the local government must require those new components or services to meet the ISA/IEC 62443 standards. The main difference in these two bills is that HB 1147 encourages local governments who operate critical infrastructure to, by July 1, 2022, have those systems and controls comply with and meet operational standards as defined in the ISA/IED 62443 series of standards as determined by NIST CSF. The bill also encourages asset owners to annually conduct a risk assessment and create a risk mitigation plan. (Taggart)

CS/HB 7057 (State Administration and Technology Appropriations Subcommittee, Giallombardo) CS/CS/SB 1694 (Hutson) provide 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 bills also exempt 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 bills create 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. (Taggart)

CS/HB 7055 (State Administration and Technology Appropriations Subcommittee, Giallombardo) and CS/CS/SB 1670 (Hutson) create the Local Government Cybersecurity Act. The bills require 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 bills also require 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 bills also require 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 bills also prohibit state agencies, counties, and municipalities from paying or otherwise complying with a ransom demand. The recommended committee budget includes over $60 million of nonrecurring state funding to assist local governments in complying with the provisions of the bill. 

The bills were 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. (Taggart)

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 House 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 numerous sales tax holidays, two new sales tax exemptions and a reduction in the sales tax on new mobile homes. CS/HB 7071 passed the House (115-0) and is awaiting action by the Senate. (Hughes)

CS/SB 1940 (Brodeur) and HB 7053 (Environment, Agriculture & Flooding Subcommittee) establish the Office of Resiliency within the Executive Office of the Governor and provide for the appointment of a Chief Resilience Officer. The bills require the Department of Transportation to develop a resilience action plan for the State Highway System. The bills make 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; and revising the $100 million cap on funding proposed for each year to a minimum threshold of $100 million. HB 7053 passed the House (114-1) and is awaiting action by the Senate. (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)

SB 1418 (Albritton), CS/SB 7012 (Brodeur) and HB 1475 (McClure) require the Department of Environmental Protection to adopt rules for statewide cleanup target levels for perfluoroalkyl and polyfluoroalkyl substances (PFAS) in soil and groundwater. Such rules may not take effect until ratified by the Legislature. Until the rules for a particular PFAS constituent have been ratified by the Legislature, a person may not be subject to enforcement action by any state or local government entity to compel or enjoin site rehabilitation for that PFAS constituent. In addition, SB 1418 requires the Office of Program Policy Analysis and Government Accountability to conduct an analysis of assessment and cleanup programs used in other states and submit a report to the Governor and Legislature by a specified date. (O’Hara)

CS/SB 518 (Brodeur) and HB 1555 (McClain) amend current law provisions that prohibit local governments from requiring permits for the removal of "dangerous" trees on residential property. The bills clarify what constitutes residential property and clarify the level of assessment and type of documentation that must be provided by an arborist or landscape architect under the law. CS/SB 518 passed the Senate (38-0) and is awaiting action by the House. (O'Hara)

CS/HB 7057 (State Administration and Technology Appropriations Subcommittee, Giallombardo) CS/CS/SB 1694 (Hutson) provide 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 bills also exempt 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 bills create 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. (Taggart)

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 1702 (Bradley) 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 ten 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 20 years of age and every seven years thereafter

•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

•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

•Requires condominium and cooperative associations with a residential building that is three stories or more in height to conduct a reserve study at least once every three years

•Requires unit developer and non-developer unit owners to give prospective buyers of a unit a copy of the most recent reserve study and milestone inspection report before the applicable voidability period

•Expands unit owner access to records and provides additional disclosures relating to the funding of reserves. (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 is awaiting action by 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)