BILL SUMMARY DETAILS

SB 440 (Wright) authorizes a utility terrain vehicle (UTV) to legally operate on two-lane county roads and two-lane municipal streets in which the posted speed limit is less than 55 miles per hour. The bill allows a local government to enact an ordinance regulating UTV operation and equipment that is more restrictive than statutory requirements. A local government can prohibit the operation of a UTV on any road under its jurisdiction if the governing body determines that such prohibition is necessary in the interest of safety. (Branch)

HB 1301 (Abbott) and CS/SB 1226 (DiCeglie) address matters related to transportation. Of concern to cities, the bills provide that a public transit provider may not expend state funds directly, indirectly, or through a grant or agreement for any of the following marketing or advertising activities:

•A marketing or public awareness campaign, whether through a digital or print medium, including the use of any wrap, tinting or paint on a bus, commercial motor vehicle or motor vehicle, as in support of any social, political or ideological interest. 

•Use of an asset owned or funded by a public transit provider, including an existing or future asset, which displays, contains or markets, whether through a digital or print medium, any social, political or ideological interest. (Branch)

CS/CS/SB 266 (Hooper), CS/SB 1032 (Gruters), HB 7049 (McFarland) and CS/HB 287 (Esposito) are the legislative priority bills for the Florida Department of Transportation (FDOT). These bills outline various requirements for FDOT and local agencies related to transportation projects. FDOT is mandated to oversee funded projects on behalf of the Federal Highway Administration, update project cost estimates and include contingency amounts. Local agencies must prioritize and budget projects through their respective metropolitan planning organizations (MPOs), be certified by FDOT and incorporate specific contractual requirements and contingency amounts for unforeseen conditions. CS/SB 1032 and HB 7049 specifically prohibit the creation of new MPOs, with exceptions for urbanized areas defined by the U.S. Census Bureau.

In CS/HB 287 only, the permit or relocation agreement for utility installation, location or relocation must:

•Include a reasonable utility relocation schedule to expedite the completion of FDOT’s construction or maintenance project.

•Define a reasonable liquidated damage amount for each day the work exceeds the specified time frame.

•Require the utility to be responsible for any damage resulting from the work performed under such permit or relocation agreement. (Branch)

SB 980 (Perry) requires that all plans submitted on or before July 1, 2024, for the construction of crosswalks located at any place other than an intersection of a public street, highway or road be controlled by pedestrian and traffic signals and meet requirements of the Florida Department of Transportation Manual on Uniform Traffic Control Devices. (Branch)

SB 1464 (Calatayud) and HB 1363 (Busatta Cabrera) are bills related to the use of traffic cameras. Of interest to cities, the bills do the following:

•Prohibit the use of camera systems made by Chinese manufacturers or using materials from China for traffic enforcement in Florida. 

•Require local governments to approve any new camera contracts or renewals in a public meeting.

•Requires local governments to enact ordinances allowing traffic cameras. 

•Require local governments to show evidence the cameras are needed for safety before installation. 

•Mandate local governments submit reports on traffic camera use every year to the state. 

•Noncompliance with rules results in suspension of traffic camera use. (Branch)

HB 1275 (Berfield) and SB 1506 (DiCeglie) require the Florida Department of Transportation (FDOT) to develop a Strategic Infrastructure Investment Plan to address freight mobility infrastructure. The bills require FDOT to consult with relevant stakeholders including county and municipal governments. Beginning July 1, 2025, the department is required to distribute $150 million to the State Transportation Trust Fund to fund the projects identified in the Strategic Infrastructure Investment Plan. (Branch)

CS/SB 28 (Hooper) increases the annual fees required for electric and hybrid vehicles. Beginning January 1, 2029, the annual fee for electric vehicles (EVs) would increase from $200 to $250, and the annual fee for hybrid vehicles would increase from $50 to $100. The bill specifies that 64% of the proceeds be deposited into the State Transportation Trust Fund (STTF), and 36% must be allocated to the county where the vehicle is registered. Local governments can use these funds for transportation expenditures. The EV fee is not included in CS/CS/HB 107 (Esposito). CS/CS/HB 107 requires the Revenue Estimating Conference to estimate the impact on the General Revenue Fund from the sales tax levied from charging EVs and directs the Department of Revenue to distribute funds into the STTF. (Branch)

SB 1084 (Collins) and HB 1071 (Alvarez) are the legislative priority bills for the Department of Agriculture and Consumer Services. Of concern to cities, the bills preempt a local government from enacting an ordinance regulating electric vehicle charging stations. (Branch)

HB 619 (Tuck) and SB 1534 (Bradley) – Civil Liability

HB 651 (Persons-Mulicka) – Civil Liability for the Wrongful Death of an Unborn Child

SB 476 (Grall) – Civil Liability

SB 170 (Polsky) – Legal Representation Contracts (Cruz)

CS/SB 472 (Brodeur) and CS/CS/HB 569 (McFarland) increase 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. Both bills would increase the caps to $400,000 per person and $600,000 per incident. CS/HB 569 initially required caps to be adjusted annually on July 1 to reflect changes in the regional Consumer Price Index, but this was removed from CS/CS/HB 569 in committee, while CS/SB 472 was amended to require this adjustment to occur on July 1, 2029, and to occur every five years thereafter. The bills prohibit an insurance policy from conditioning the payout of a claim on the passage of a claims bill. Both bills allow a subdivision of the state to settle a claim above the statutory limits without the need for a claims bill. The bills narrow the statute of limitation on negligence claims against government entities from four years to two years. CS/SB 472 was amended to mirror the provision in CS/CS/HB 569 that lowers the required pre-suit notice from three years to 18 months. Both bills also abolish the common law doctrine of “home venue privilege” in relation to negligence suits against the state. The Senate bill allows the limitations of liability in effect on the date a final judgment is entered to apply to the claim. Therefore, allowing claims that occurred prior to implementation of these new limits to avail themselves to the increase in caps. On the other hand, the House bill was amended to apply the increased caps to apply to accidents that occur after the effective date of the bill, October 1, 2024. (Cruz)

HB 1167 (Yarkosky) and SB 702 (Martin) create a provision for the recovery of attorney fees and costs in a civil action regarding disputes over property rights. The bills define the term “property rights” to include use rights, ingress and egress rights, and those rights incident to land bordering upon navigable waters. In a civil action brought against the owner of a parcel of real property to resolve a dispute concerning these property rights, the bills would require the award of prevailing party attorney fees if the prevailing defendant made improvements in substantial compliance with, or in reliance on, environmental or regulatory approvals or permits issued by a political subdivision or a state agency. HB 1167 also defines the term “improvement” to include anything done to increase the value, use or benefit of real property, whether physical, material, legal or otherwise. (Cruz)

HB 1207 (Harris) requires vacation rentals with swimming pools to post various safety notices regarding, but not limited to, the prevention of drowning, having responsible adults supervise young children and requiring that alcohol or drugs cannot be consumed before and during swimming. (Wagoner)

CS/SB 280 (DiCeglie) and CS/HB 1537 (Griffitts) are comprehensive bills dealing with short-term rentals. Here is a brief description of how the bills are different:

CS/HB 1537:

•Pay a fee of no more than $150 per unit for processing an individual registration application and a $50 per unit yearly renewal. A local government may impose a $300 fine for failure to register.  

•State the maximum occupancy of the short-term rental based on the number of sleeping accommodations for persons staying in the short-term rental. 

•Requires the responsible party to respond to a complaint or emergency by 9 a.m. the next calendar day.

•After five violations occur over a period of time, suspensions are set at 15 days, 30 days and 60 days, respectively. 

CS/SB 280:

•Pay a “reasonable fee” per unit for processing an individual registration application and renewal. A local government may impose a $500 fine for failure to register. 

•State the maximum occupancy of the short-term rental is no more than two people per room plus two, or at a minimum of 50 sq ft. per person. 

•Display their individual registration number in a conspicuous location in the vacation rental. 

•After five violations occur over a period of time, suspensions are set at 30 days, 60 days and 90 days, respectively. 

Below are how the bills remain identical:

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. 

Local Registration Programs 

The bills create a statewide process for the local registration of vacation rentals. Under the program, a local government has 15 days after receiving an application for registration to 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 program may only require the owner or operator of a vacation rental to:

•Charge a reasonable fee for inspections to ensure compliance with the Florida Building and Fire Prevention Codes. 

•Renew their registration no more than once per year per unit, 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).

•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.

•Designate and maintain a property designee who can respond to complaints and other immediate problems related to the property, including being available by phone 24 hours a day, seven days a week.

•Pay in full all municipal or county code liens against the property being registered. 

June 1, 2011, Grandfather Provision

The bills maintain the grandfathering of ordinances that were adopted prior to June 1, 2011. Additionally, the bills clarify that cities may amend grandfathered ordinances to be less restrictive without voiding those ordinances. 

Impact on Advertising Platforms and DBPR

Advertising platforms will now be required to:

•Collect and remit all required taxes.

•Require each person listing a property as a vacation rental to include in the advertisement the state license number and, if applicable, the local registration number. They will also be required to attest that the license and registration numbers are valid.

•By January 1, 2026, the advertising platform will be required to check and verify the license number of all listings with DBPR prior to posting the advertisement. Additionally, license numbers must be checked at the end of each calendar quarter with the department.

•Remove from public view an advertisement from their website within 15 business days after notification by DBPR in writing that a vacation rental fails to display a valid license number.

•Adopt an anti-discrimination policy.

Revocation/Denial of License

A local government may revoke or refuse to renew a vacation rental registration:

•An owner’s vacation rental registration has been suspended three times.

•There is an unsatisfied municipal or county code lien, so long as the local government allows the owner at least 60 days before the termination to satisfy the lien.

•The premises and its owner are the subject of a final order or judgment directing the termination of the premises’ use as a vacation rental. (Wagoner)

HB 27 (Benjamin) and SB 834 (Simon) – Citizen’s Arrest

SB 96 (Jones) and HB 787 (Rayner) – Use of Threatened Use of Force

SB 98 (Jones) and HB 383 (Edmonds) – Community Violence Task Force

SB 100 (Jones) and HB 237 (Hart)– Pregnant Woman in Custody

HB 145 (Daley) and SB 180 (Polsky) – Sales of Ammunition

HB 155 (Daley) and SB 182 (Polsky) – Pub Rec./Sales of Ammunition

SB 176 (Polsky), HB 291 (Hunschofsky), SB 518 (Polsky) – Sale, Transfer, and Storage of Firearms

HB 123 (Chambliss) and SB 274 (Rodriguez) – Child Water Safety Requirements

SB 254 (Book) – Picketing or Protesting in or Near Health Care Facilities

HB 259 (Waldron) and SB 270 (Berman) – Discharging a Firearm in Residential Areas

HB 463 (Bartleman) and SB 1158 (Bradley) – Lights Displayed on Police Equipment and Fire Department Vehicles

HB 485 (Brackett) and SB 1286 (Collins) – Return of Weapons and Arms Following an Arrest

HB 573 (Antone) and HB 575 (Antone) – Task Force on Public Safety in Urban and Inner-City Communities

HB 597 (Chamerblin) and SB 722 (Collins) – Fleeing or Attempting to Elude Law Enforcement Officer

HB 673 (Bartleman) and SB 610 (Book) – Domestic Violence Investigation

HB 729 (Baker) and SB 638 (Grall) – Lethality Assessments

HB 833 (Yarkosky) and SB 1708 (Yarborough)– Public Safety Programs

SB 1092 (Martin) and HB 1657 (Baker) – Criminal Offenses Against Law Enforcement Officers and Other Personnel

SB 1164 (Burton) and HB 1113 (Killebrew) – Use of Lights and Sirens on Emergency Vehicles 

HB 1131  (Temple) and SB 1190 (Ingoglia) – Online Sting Operations Grant Program

SB 1250 (Berman) and HB 1087 (Casello) – Safe Storage of Firearms and Ammunition Within Motor Vehicles and Vessels

SB 1704 (Yarborough) and HB 1447 (Duggan) – Sheriffs In Consolidated Governments

HB 419 (Hinson) prohibits the storage of firearms in unoccupied private conveyances and vessels unless the firearm is kept from ordinary view and locked within a trunk, utility or glove box, or another locked container, or secured with a device or mechanism that is securely affixed to the private conveyance or vessel. The bill requires local law enforcement agencies to engage in a promotional campaign to educate the public and gun owners about the requirements above. (Wagoner)

SB 130 (Berman) and HB 209 (Rayner) would prohibit the possession or use of a firearm in “sensitive locations.” The bills define a sensitive location as numerous public facilities including but not limited to buildings or facilities owned, leased or operated by government entities, including public transportation. (Wagoner)

CS/HB 75 (Rizo) and SB 184 (Avila) would make it unlawful for any person, after receiving a warning from a first responder not to approach, to violate such warning and approach or remain within 20 feet of a first responder who is engaged in the lawful performance of any legal or emergent duty, with the intent to: 1. Interrupt, disrupt, hinder, impede or interfere with the first responder’s ability to perform such duty; 2. Provoke a physical response from the first responder; or 3. Directly or indirectly harass the first responder or make so much noise that a first responder is prevented from performing their official duties or providing medical aid. SB 184 specifies that peaceful recording or observation is not harassment. (Wagoner)

CS/CS/HB 231 (Baker) and CS/SB 718 (Collins) provide criminal penalties for persons who unlawfully and intentionally possess and expose first responders who are acting in their official capacity to Fentanyl and Fentanyl Analogs. (Wagoner)

CS/HB 831 (Yarkosky) and SB 1586 (Collins) state that a facility that is licensed as an enhanced firearms training facility is exempt from unincorporated local government planning and zoning or public works restrictions if the facility is zoned for agricultural use or its equivalent. The bills provide licensing renewal requirements and allow the Department of Agriculture and Consumer Services to adopt rules to implement the bills. (Wagoner)

CS/CS/HB 49 (Chaney) and SB 1596 (Burgess) make changes to the employment restrictions for minors. Under CS/HB 49, minors 16 and 17 years of age will now be permitted to work the same number of hours as a person 18 years of age or older. Under SB 1596, these ages are set at 15. The bills would also prohibit local governments from adopting or enforcing curfews on minors that are more stringent than those listed within the bill. (Wagoner)