BILL SUMMARY DETAILS

SB 1124 (Gruters) creates the "Wage Mandate Preemption Act," which revises prohibitions relating to political subdivisions, including municipalities. The bill prohibits a political subdivision from enacting a wage mandate on an employer in an amount greater than the state minimum wage. This bill does not apply to employees of the political subdivision or if federal law requires the payment of a minimum wage to persons working on projects funded by federal funds. (Hughes)

SB 994 (Diaz) and HB 849 (Fernandez-Barquin) create a statewide regulatory scheme for the licensure, regulation and inspection of retail pet stores by the Department of Business and Professional Regulation. The bills specify that local governments may adopt ordinances that regulate but do not prohibit the operation of retail pet stores or the breeding, purchase, or sale of household pets, provided that the ordinance is not in conflict with the statewide regulations specified in the bills. The bills clarify that ordinances adopted prior to June 1, 2021, are "grandfathered" in addition to ordinances adopted prior to June 1, 2022, which impose a moratorium on new pet stores or are solely regulatory in nature. Additionally, the bills impose new requirements on animal shelters, including disclosing bite history prior to the animal's adoption and a prohibition on intentional breeding of animals for sale. 

SB 996 (Diaz) sets the initial and renewal fee for a retail pet store license by the Department of Business and Professional Regulation at $25 per licensed location. (Taggart)

HB 707 (Learned) and SB 1158 (Jones) define "home kitchen operations" as a person or business entity that sells directly from their home to the consumer any food product (excluding raw milk and raw oysters). The bills exempt these operations from the requirements imposed on traditional public food service establishments. Additionally, the bills specify that local governments are preempted from directly regulating these operations; however, they must comply with any applicable home-based business regulations. A home kitchen operation cannot exceed annual gross sales of $250,000. (Taggart)

HB 689 (Giallombardo) and SB 1066 (Burgess) specify that the time for notice of an injury or death in a compensable post-traumatic stress disorder claim must be properly noticed within 52 weeks after the qualifying event or the diagnosis of the disorder, whichever is later. (Cruz)

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) revises the statutory limits on liability for tort claims against the state and its agencies and subdivisions (which include cities). The bill seeks to increase the current statutory limits for claims from $200,000 per person and $300,000 per incident to $1 million per person. Beginning July 1, 2023, the legislation would tie the revised limit to a consumer price index to automatically increase with inflation every year. The 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). (Cruz)

HB 105 (Fine) and SB 224 (Gruters) authorize cities and counties to restrict smoking within the boundaries of any public beach or park they own. The bills specify that municipalities can restrict smoking within the boundaries of a beach or park that is owned by the county but located within the city, as long as it does not conflict with any county ordinance. The Senate bill language prohibits smoking within state parks; the House bill does not contain this language. (Taggart)

HB 417 (Fernandez-Barquin) and SB 572 (Garcia) revise factors that a property appraiser must consider in deriving just valuation for a property. For example, the property appraiser may not consider the highest and best use if the necessary zoning changes, concurrency requirement or permits to achieve the highest and best use are not in place on January 1 of the assessment year. (Hughes)

HB 425 (Fischer) and SB 664 (Bradley) expand workers' compensation coverage for post-traumatic stress disorder (PTSD) for first responders to also include correctional officers, part-time correctional officers, part-time law enforcement officers and auxiliary law enforcement officers. PTSD is an occupational disease compensable by workers' compensation benefits. In order to receive benefits under this bill, the post-traumatic stress disorder must be demonstrated by clear and convincing medical evidence. (Cruz)

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 own municipal boundaries. (Branch)

HB 777 (Robinson) and SB 1194 (Boyd) require referenda elections related to tourist development taxes, tourist impact taxes, increases in municipal and county ad valorem tax millages, children's services and independent special district property taxes, ninth-cent fuel tax, local option fuel taxes and certain school millages to be held at the general election. (Hughes)

SB 280 (Hutson) and HB 403 (Giallombardo) change the legal standards and processes used by courts to assess the validity of municipal ordinances and imposes new substantive requirements on municipalities for adopting and enforcing ordinances. First, the bills require a municipality to prepare a business impact statement before adopting an ordinance and specifies the minimum content that must be included in the statement. Emergency ordinances are exempt. The statement must be posted on the municipality's website concurrent with a 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, including any appeals, challenging the ordinance's validity on the grounds that it is preempted by state law, is arbitrary or unreasonable, or is otherwise prohibited by law. This requirement applies only if: the action was filed within 20 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. Third, the bills authorize the award of attorney fees and costs to a prevailing plaintiff in a civil action commenced after October 1, 2022, in which the adoption or enforcement of an ordinance is alleged to be arbitrary or unreasonable or prohibited by law other than by express preemption (i.e., is impliedly preempted or is in conflict with state law). Ordinances adopted to implement Part II of Chapter 163 (comprehensive planning and land development regulation), section 553.73 (Building Code), or section 633.202 (Fire Code) are exempt from this provision. Fourth, the bill specifies factors a court must consider in determining whether an ordinance is arbitrary or unreasonable, including: the extent to which the ordinance protects public health, safety and welfare; the impact of the ordinance on the personal rights and privileges of municipal residents; the total economic impact of the ordinance; and the business impact statement prepared by the municipality. It requires courts to prioritize and expedite the disposition of cases in which enforcement of an ordinance is suspended. It authorizes the award of attorney fees and costs pursuant to section 57.112. The court prioritization and new legal standard do not apply to emergency ordinances, ordinances relating to comprehensive planning and land development regulations, ordinances implementing the Florida Building Code and ordinances implementing the Florida Fire Code. (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)

SB 1264 (Brandes) provides for the periodic increase in the additional property tax exemption on a homestead property if SJR 1266 or a similar constitutional amendment is approved by the voters at the 2022 general election. This bill would provide for recalculations of the additional homestead every five years and indexes the exemption amount to the House Price Index for Florida. (Hughes)

SJR 1266 (Brandes) and HJR 923 (Fischer) propose an amendment to the Florida Constitution to provide for the periodic increase of the twenty-five thousand dollar exemption on a homestead property’s assessed value that is greater than fifty thousand dollars. (Hughes)

HB 117 (Fetterhoff) and SB 774 (Gruters) add COVID-19 and infectious diseases to the list of conditions that, if suffered by an emergency rescue or public safety worker, are presumed to have been contracted while at work for purposes of workers' compensation. Unlike similar presumptions in current law for hepatitis, meningococcal meningitis and tuberculosis, the bills do not require the public safety worker or emergency rescue worker to receive immunization against COVID-19 in order to receive the presumptive eligibility provisions afforded by workers' compensation coverage. (Cruz)

SB 620 (Hutson) and HB 569 (McClure) require compensation for business damages caused by local government ordinances or charter provisions. A business that has been engaged in a lawful business in Florida for at least three years may claim business damages from a local government if the government enacts or amends an ordinance or charter provision that will cause a reduction of at least 15% of the business' revenue or profit. A local government is not liable for business damages caused by: ordinances required to comply with state or federal law; emergency ordinances, declarations or orders adopted pursuant to the state Emergency Management Act; a temporary emergency ordinance which remains in effect for no more than 90 days; ordinances that "increase economic freedom." The bills specify procedures and methodologies for a business to recover business damages, attorney fees and costs against a local government. The bills' provisions are nearly identical to the business damage procedures set forth in Florida's eminent domain statute. (O'Hara)

HB 6025 (Eskamani) and SB 316 (Stewart) repeal current law preempting specified local government regulations relating to tree pruning, trimming and removal on residential property. (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 & 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) – 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) – Comprehensive Review Study of the Central and Southern Florida Project

SB 1000 (Albritton) – 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) – Grease Waste Removal and Disposal

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

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

SB 954 (Brodeur) – Energy

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)