BILL SUMMARY DETAILS

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. (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. (O’Hara)

CS/CS/CS/SB 974 (Gruters) and CS/HB 985 (Beltran) revise the statutory limits on liability for tort claims against the state and its agencies and subdivisions (which include cities). CS/HB 985 seeks to increase the current statutory limits for claims from $200,000 per person and $300,000 per incident to $1 million per person and no per-incident cap. Beginning July 1, 2023, the legislation would tie the revised limit to a consumer price index to automatically increase with inflation every year. CS/HB 985 was amended to shorten the timeframe for a government entity to make final disposition of a claim from six months to three months. The House bill will retroactively apply these new limits to any pending claims that have not been settled by the effective date of the bill (July 1, 2022). 

CS/CS/CS/SB 974 was amended to change the current statutory limits for claims from $200,000 per person and $300,000 per incident to a tier 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. (O'Hara)

CS/SB 1694 (Hutson) creates a public records exemption for all information related to a cybersecurity or ransomware incident held by a local government, state agency or sheriff. The bill also creates a public meeting exemption for any portion of a meeting that would reveal information related to a local government’s physical or virtual data or information or information technology resources. A transcript and recording must be made of the exempt portion of the meeting, and those records are exempt from the public. 

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. (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)

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/SB 1670 (Hutson) was significantly amended to only require all employees with access to a local government network to receive training when they begin employment and annually thereafter. The bill also requires all local government IT professionals and persons with access to highly sensitive information to undergo intensive cybersecurity training. Finally, the bill directs the Florida Digital Service to develop the training requirements and specifies that the training may be conducted by the agency, the state cybercrime office, the Department of Law Enforcement, a private sector entity, or an entity of the state university system. (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 recommended committee budget includes over $60 million of nonrecurring state funding to assist local governments in complying with the provisions of the bill. 

CS/HB 7055 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. (Taggart)

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

•Creates a statewide building recertification requirement for condominiums and cooperative buildings that are three stories or more 30 years after initial occupancy and for buildings located within three miles of the coast, 25 years after initial occupancy

•Requires periodic recertifications every 10 years after a building’s initial recertification

•Requires an additional, more intensive inspection, or a “phase 2” inspection, if a building recertification reveals substantial damage to certain structural or life-safety systems

•Requires building officials to provide written notice to associations when buildings must be recertified

•Requires recertification and phase 2 reports be submitted to building officials and unit owners

•Provides local building officials with the ability to assess penalties for failing to comply with the requirements for building recertifications and phase 2 inspections

•Requires condominiums and cooperatives to conduct reserve studies every 10 years for buildings that are three stories or more and prohibits waiver of funding for certain reserves

•Requires developers to complete reserve studies for every building that is three stories or more prior to turning over an association to the unit owners

•Repeals the ability of developers to waive the collection of all types of reserve funds

•Requires reserve study inspections and recertification and phase 2 inspections to be performed by licensed engineers or architects

•Provides that reserve studies and recertification and phase 2 inspection reports are a part of an association’s official records and must be provided to a potential purchaser of a unit

•Provides for an additional way for condominium associations to terminate if the cost of repairs identified in a phase 2 inspection are more than 65% of the total fair market value of the units in the association

•Requires the Department of Business and Professional Regulation (DBPR) to enforce the reserve studies and recertification and phase 2 inspection requirement 

•Requires associations to notify DBPR about the number of buildings in their association that are three stories or more. (Branch)

CS/SB 620 (Hutson) and CS/HB 569 (McClure) allow 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 bills provide 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 bills provide 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 bills specify that in action to recover damages, the courts may award attorney fees and costs to the prevailing party. The bills are 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 is awaiting action by the House. (O’Hara)

HB 35 (Roach)  and SB 244 (Gruters) – Partisan Elections for Members of District School Boards

SB 442 (Rodriguez) and HB 571 (Mooney) – Powers of Land Authorities

HB 309 (Fetterhoff) and SB 856 (Brodeur) – Private Provider Inspections of Onsite Sewage Treatment  and Disposal Systems

SB 536 (Diaz) and HB 337 (McClain) – Administrative Procedures

SB 690 (Rodriguez, A.) and HB 691 (Slosberg) – Resilience-related Advisory Committees

HB 421 (Truenow) and SB 834 (Brodeur) – Long-term Cleanup of Water Bodies

SB 602 (Rodriguez, A.) and HB 449 (Mooney) – Land Acquisition Trust Fund (Florida Keys)

HB 603 (Bell) and SB 1400 (Burgess) – Land Acquisition Trust Fund (Heartland Headwaters)

HB 441 (Fabricio) and SB 984 (Diaz) – Construction Materials Mining Activities

HB 6071 (Fabricio) – Construction Materials Mining Activities Admin Recovery Act

HB 6073 (Fabricio) – Construction Materials Mining Activities Admin Recovery Act

HB 579 (Melo) and SB 1128 (Harrell) – Aquatic Plant Management

SB 840 (Albritton) and HB 841 (DiCeglie) – Residential Property Riparian Rights

HB 513 (Bartleman) and SB 1326 (Rodriguez) – Comprehensive Review Study of the Central and Southern Florida Project

SB 1000 (Albritton) and HB 1291 (McClure) – Nutrient Application Rates

HB 6085 (Eskamani) and SB 1102 (Farmer) – Farming Operations

HB 711 (Diamond) and SB 238 (Jones) – Endangered and Threatened Species

SB 1110 (Rouson) and HB 1177 (Chaney) – Grease Waste Removal and Disposal

HB 901 (Chambliss) and SB 1212 (Polsky) – Roadside Farm Stand Signage

HB 7003 (Public Integrity  and Elections Committee) – Implementation of Constitutional Prohibition Against Lobbying by a Former Justice of Judge

SB 1432 (Rodriguez) and HB 1065 (Mooney) – Vessel Anchoring

SB 1352 (Brodeur) and HB 921 (Drake) – Limitations on Political Contributions

SB 416 (Garcia) and HB 1129 (Avila) – Mangrove Planting  and Restoration

SB 1914 (Taddeo) and HB 1353 (Thompson) – Elections

SB 1722 (Jones) and HB 6105 (Hinson) – Elections

SB 1586 (Polsky) and HB 1217 (Diamond) – Elections 

HB 1381 (Silvers) – Retail Petroleum Fuel Measuring Devices

SB 1612 (Ausley) and HB 1289 (Alexander) – Department of Agriculture  and Consumer Services

SB 1678 (Gibson) and HB 1285 (Hinson) – Energy Equity Task Force

SB 1584 (Gruters) – Outstanding Florida Springs

SB 208 (Farmer) creates the Stop Fracking Act. The bill prohibits extreme well stimulation, which is defined to include the various forms of fracking used to increase the production at an oil or gas well. (O'Hara)

HB 349 (Sirois) authorizes the Board of Trustees of the Internal Improvement Trust Fund (Board) to grant easements for mitigation banks under certain conditions. The bill also exempts certain docks on recorded easements from state permit requirements and authorizes such docks to use submerged lands upon the Board's approval. (O'Hara)