BILL SUMMARY DETAILS

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, Inc. SB 434 delays the repeal from 2023 to 2031, while HB 489 delays the repeal from 2023 to 2028. (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 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. 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)

SB 1694 (Hutson) exempts from public record any criminal intelligence information that reveals information that could allow unauthorized access to any electronic device, software or network. (Taggart)

SB 1670 (Hutson) requires each local government by January 1, 2024, to adopt cybersecurity standards for all information technology (IT) and operational technology, that comply with the National Institute of Standards and Technology (NIST) cybersecurity framework that is appropriate for the size of the organization. At a minimum, these standards must include routine backups of critical information and multifactor authentication. The bill also requires local governments to: 

•Conduct vulnerability testing of its IT and operational technology at least every two years

•Require all employees with access to a local government network to receive training when they begin employment and at intervals that will be specified by the Florida Digital Service

•Require all local government IT professionals and persons with access to highly sensitive information to undergo intensive cybersecurity training 

•Report all attacks on a computer or network, including ransomware attacks and data breaches, to the State Watch Office within the Division of Emergency Management. "Attacks" is not defined in the bill. 

The bill directs the Florida Digital Service and the Florida Cybersecurity Advisory Council to develop the training requirements and conduct the trainings virtually at certain times of the year. Local governments will be required to report all ransomware incidents to the State Watch Office, Florida Digital Service, the Executive Office of the Governor, the Department of Law Enforcement and the local law enforcement agency within 12 hours of discovery. The bill requires local governments to communicate with the Florida Digital Service and the local law enforcement agencies prior to paying a ransom if a ransomware incident occurs. The bill also requires the Florida Digital Service to create a checklist for local governments to utilize while responding to ransomware incidents. Finally, the bill allocates $1 million in recurring funding to Florida Digital Service to disburse funds to local governments for the training required under the bill. (Taggart)

SB 828 (Hutson) requires local governments who operate critical infrastructure to have those systems and controls comply with and meet operational standards as defined in the ISA/IED 62443 series of standards as determined by the National Institute of Standards and Technology (NIST) Cybersecurity Framework by July 1, 2024. ISA/IED 62443 standards are an international series of standards for industrial communication networks and systems developed by the International Society of Automation. The bill also requires local governments who operate these systems to conduct an annual risk assessment and create a mitigation plan. Systems that fall under these requirements include, but are not limited to, public transportation, water and wastewater treatment facilities, public utilities, public services subject to jurisdiction by the Public Service Commission, and public buildings. By July 1, 2026, 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. Additionally, the bill specifies civil penalties for noncompliance if a local government does not make a good-faith effort to comply with these standards and an incident occurs. 

HB 1147 (Giallombardo) is similar to 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 the National Institute of Standards and Technology (NIST) Cybersecurity Framework. The bill also encourages asset owners to annually conduct a risk assessment and create a risk mitigation plan. 

(Taggart)

SB 352 (Hooper) – Construction Liens

HB 263 (Bell) – Notice of Commencement Requirements

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

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)

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)

HB 1365 (Maggard) and SB 1784 (Burgess) create the Rural Roads Initiative Pilot Program within the Florida Department of Transportation with the purpose of paving state, county or municipal roads within East Pasco County that are currently unpaved. Within the program, Pasco County Board of County Commissioners or the governing board of a municipality within East Pasco County may apply to the Department of Transportation for funding to pave roads that are currently unpaved and the cost of which cannot be met by the residents. The bills specify that a road paving project funded under the program is subject only to construction standards established by the county or the municipality in which the road is located and is not subject to department standards. (Branch)

HB 6057 (Eskamani) removes provisions requiring counties and municipalities to provide incentives to fully offset the costs of certain affordable housing contributions or linkage fees. (Branch)

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 three 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. (Branch)

SB 758 (Diaz) and HB 865 (Rizo) create the Charter School Review Commission within the Florida Department of Education. Of concern to cities, the bills would remove the requirement that any facility used as a charter school obtain a special exemption from existing zoning and land use designations. (Branch)

SB 1942 (Pizzo) and HB 1393 (Geller) address inspection and reserve requirements for community associations. Of interest to municipalities, the bills:

•Require the local jurisdiction to issue a notice or required recertification inspection to the association when the condominium building is 20 years of age or older

•Requiresthe architect or engineer who performed the inspection to submit a sealed copy of the report to the local authority within seven days after the board receives the completed report

•Require the Condominium Board to complete any repairs or modifications within six months after receipt of the recertification report according to the Florida Building Code

•Requires the Board, under a seal signature of a licensed architect or engineer and within seven days of the completion of repairs or modifications, to provide the local authority a copy affirming that the remedial action has been completed

•Require the Board of Directors to provide a copy of the reserve study or financial statement to the local authority having jurisdiction within a specified time

•Authorize the local authority having jurisdiction to order a mandatory evacuation of the residential condominium under certain circumstances. (Branch)

SB 1780 (Pizzo) and HB 1391 (Geller) address inspection requirements for community associations. Of interest to municipalities, the bills require each association to include in their bylaws the following: for a building that is four stories or more and located within a one-half mile radius of the Gulf of Mexico or the Atlantic Ocean, the Board must have the building inspected by a licensed architect or engineer once the building reaches 30 years of age and every five years thereafter, and provide that report to the local authority having jurisdiction. (Branch)

SB 1020 (Perry), SB 976 (Perry) and 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)

HB 423 (LaMarca) and SB 644 (Brodeur) does the following:

•Increase 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.

•Allow 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.

•Prohibit 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.

•Clarify 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.

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

•Require building officials to issue occupancy or completion certificates within 10 days of a "deemed granted" certificate. (Branch)

SB 512 (Burgess) and 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. 

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 properties 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)

SB 974 (Gruters) and HB 985 (Beltran) revise the statutory limits on liability for tort claims against the state and its agencies and subdivisions (which include cities). The bills seek 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. The bills 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). (Cruz)