BILL SUMMARY DETAILS

HB 1237 (Avila), SB 1698 (Diaz) and SB 1700 (Diaz) preempt any local government ordinance or regulation that prohibits or regulates pet stores. The bills specify requirements for sourcing, sale or transfer of animals from a pet store as well as impose inspections and other conditions on the pet store. SB 1698 creates the Florida Pet Protection Act requiring the Florida Department of Professional Regulation to adopt procedures and oversee the licensures and inspections of pet stores. SB 1700 requires a fee of $25 to acquire or maintain a pet store license. (Cook)

CS/CS/HB 133 (McClain) and CS/CS/SB 1332 (Hooper) require local governments to establish maximum rates for the towing and immobilization of vessels and prohibit a county or municipality from enacting a rule or ordinance that imposes a fee or charge on authorized wrecker operators. The bills provide that an authorized wrecker operator may impose and collect an administrative fee and is required to remit the fee to the county or municipality only after it has been collected. The bills prohibit local governments from adopting or enforcing ordinances or rules that impose fees on the registered owner or lien holder of a vehicle or vessel removed and impounded by an authorized wrecker operator. The bills provide that a wrecker operator that recovers, removes or stores a vehicle or vessel must have a lien on the vehicle or vessel that includes the value of the reasonable administrative fee or charge imposed by a county or municipality. The bills exempt certain counties with towing or immobilization licensing, regulatory or enforcement programs as of January 1, 2020, from the prohibition on imposing a fee or charge on an authorized wrecker operator or on a towing business. The bill prohibits a municipality or county from enacting an ordinance or rule requiring an authorized wrecker operator or towing business to accept credit cards as a form of payment.

CS/CS/SB 1332 was amended to remove the lien holder of a vehicle or vessel as an entity that may be assessed a charge or fee by a county or city when the vehicle or vessel is towed from public property by a towing business or by an authorized wrecker operator. CS/CS/HB 133 passed the House (76-41) and is on the way to the Senate. (Cook)

HB 283 (Toledo) and CS/SB 802 (Judiciary) – Liens and Bonds

CS/CS/HB 733 (Smith, D.) and CS/SB 802 (Perry) revise the Marketable Record Title Act (MRTA) to clarify an exception to its main provisions and to bolster the current prohibition on discriminatory deed provisions. Specifically, the bills amend Section 712.04, Florida Statutes, to include covenants or restrictions based on a zoning requirement or development permit among the types of interests extinguished by MRTA. The bills, in contrast to a recent court opinion, provide that the rights extinguished by MRTA include restrictive covenants that were recorded in connection with a zoning regulation. The bills provide for summary removal of discriminatory restrictions from the governing documents of a property owners’ association. (Cruz)

SB 250 (Berman) and HB 6019 (Casello) would repeal a provision of HB 7103 that was passed during the 2019 session regarding challenges of development orders. Current law now allows the prevailing party in a challenge to a development order to recover reasonable attorney fees and costs incurred in defending the development order. SB 250 and HB 6019 bill would repeal this attorney fees provision. (Cruz)

HB 6063 (Jenne) and SB 1680 (Berman) repeal legislation passed in 2018 regarding customary use. Under current law, a governmental entity may not maintain an ordinance or rule that is based on customary use granting access to the public on private property of a beach above the mean high-water line unless it is based on a judicial declaration. (Cruz)

SB 748 (Flores) and HB 587 (Rashcein) provides that a local government entity located within an area of critical state concern shall split with the state any award of compensation, costs, attorney fees and prejudgment interest awarded to a property owner if the court has found liability against the state and the local government. The bills also state that a governmental entity is not liable for post-judgement interest on a judgement entered against another governmental entity. (Cruz)

CS/CS/HB 637 (DiCeglie) and CS/CS/CS/SB 1066 (Gruters) are comprehensive bills regarding impact fees. The Senate bill prohibits the application of a new or increased impact fee to pending permit applications unless the result is to reduce the total impact fees or mitigation costs imposed on the applicant. CS/CS/CS/SB 1066 authorizes local governments with charters that contain provisions providing for school capacity to require contributions related to public education that are used to mitigate impacts not otherwise funded by impact fees or other exactions related to public education facilities, under certain circumstances. Lastly, CS/CS/CS/SB 1066 provides that impact fee credits are assignable and transferable at any time after establishment within the same impact fee zone or impact fee district, or an adjoining zone or district within the same local jurisdiction. CS/CS/CS/SB 1066 is awaiting final action in the Senate.

The House and Senate bill differ on various key points. CS/CS/HB 637 requires an annual financial report for each impact fee trust fund. Local governments would be prohibited from collecting impact fees earlier than the date the building permit is issued. Under the House bill, each municipality is required to establish an impact fee review committee composed of two members from the local government, two members of the business community, two local contractors and one at large member. CS/CS/HB 637 was amended in committee to define the term "infrastructure" and in doing so, limits the use of impact fee revenue to capital expenditures specifically listed in the definition. (Cruz)

CS/HB 537 (Donalds) and SB 778 (Perry) define a "home-based business" and preempt local governments from licensing and regulating home-based businesses. Local governments would be prohibited from enacting or enforcing any ordinance, regulation or policy regarding home-based businesses. However, such home-based businesses could not substantially increase traffic, noise, waste or recycling.  CS/HB 537 was amended to specify that a home-based business may not be regulated or licensed in a manner that is different from other businesses within a local government's jurisdiction. The bill now allows a party to challenge any local government action that violates the preemption. The prevailing party is entitled to recover attorney's fees and costs. (Cruz)

CS/CS/SB 772 (Hutson) and CS/CS/CS/HB 647 (Drake) preempt local government regulations to allow any recreational vehicle park that is damaged or destroyed as a result of wind, water or other natural disaster to be rebuilt on the same site using the same density standards that were approved or permitted before the park was damaged or destroyed. CS/CS/CS/HB 647 adds an exemption from supervision and regulation by the Department of Health for certain surf pools. (Cruz)

CS/CS/SB 410 (Perry) and CS/CS/HB 203 (McClain) are this session’s comprehensive growth management package. Both bills require local governments to adopt by July 1, 2023, a new mandatory element in their comprehensive plans that addresses the protection of private property rights. However, the House and Senate bills differ in certain key provisions. CS/CS/SB 410 was amended to require the Department of Economic Opportunity to give funding preference for technical assistance to certain counties and municipalities. CS/CS/HB 203 now provides that a municipality may not annex an area within another municipal jurisdiction without consent from the other municipality. Both the House and the Senate bill also provides that a Development of Regional Impact may be amended by the development order process, allowing a change in land use if the change does not increase impact to public facilities. The bills also allow existing Developments of Regional Impact agreements that are classified as essentially built out and were valid on or before April 6, 2018, to exchange land uses under certain circumstances. Only CS/CS/HB 203 prohibits a municipality after July 1, 2020 from extending new water or sewer services into the unincorporated area of a county without consent of the county if the county already provides the same service. Both bills require that all utility permit applications for use of the public right of way be processed within the timeframe that currently applies only to permit applications submitted by communications services providers. (See also HB 7099.) Both bills require the Department of Economic Opportunity to give preference to counties and municipalities with populations less than 200,000 when selecting applications for funding for technical assistance related to certain determinations that need to be made when developing or amending a local government's comprehensive plan. Another key difference in the bills is language in the House bill that allows the prevailing party in a challenge to certain local ordinances for local growth policy and land development regulation to seek attorney fees and costs. CS/CS/SB 410 passed the Senate and is awaiting action by the House. (Cruz)

CS/HB 519 (Grant, J.) and CS/SB 1766 (Lee) open the door for an explosion of potential lawsuits against cities by making one-sided changes to the Bert J. Harris Act and leaving taxpayers to pay the price. The Harris Act gives landowners a way to seek compensation when a local government takes action that impacts the use/potential use of their property. The Harris Act is detailed and fair. It allows local governments to negotiate with property owners who are filing a claim and calls on courts to consider the unique conditions of each claim.

CS/HB 519 was amended on the House floor to remove problematic provisions dealing with “similarily situated” from the bill. Additionally the amendment removed provisions allowing for business damages to be included in a Bert Harris claim. The amendment modified current law as it relates to attorney fees for Harris claims. The amended version would no longer allow courts to consider pre-suit settlement offers that would have resolved a claim when awarding attorney fees to the property owner. The bill also reduces the pre-suit notice period from 150 days to 90 days and includes a provision that addresses the “ripeness” of claims by allowing a property owner to bring a claim prior to being officially denied a permit. CS/HB 519 is awaiting action by the full House.

CS/SB 1766 was substantially amended in the Senate Judiciary Committee. Like the House companion, the Senate bill no longer contains the similarly situated concept. It no longer has any provisions affecting how attorney fees are determined, nor does it open the door to include business damages as part of any Harris claim. Similar to the House bill, CS/SB 1766 reduces the presuit timeframe to respond to claims from 150 days to 90 days and a provision that address the “ripeness” of claims by allowing a property owner to bring a claim prior to being officially denied a permit. (Cruz)

HB 7101 (State Affairs Committee) establishes the Local Government Efficiency Task Force within the Legislature. The task force will consist of six members (two members each will be appointed by the Governor, the Speaker of the House of Representatives, and the President of the Senate. The bill directs the task force to convene its first meeting by November 2020 and submit a report to the governor and the legislature by June 2022. The bill directs the task force to review the governance structure and function of local governments and whether any changes are necessary to make such governments more efficient. In addition, the bill establishes the Urban Core Crime and Violence Task Force within the Florida Department of Law Enforcement. The nine-member task force (comprised of three members each appointed by the governor, House Speaker and Senate President) is directed to review system failures and causes of crime and violence in urban core neighborhood and communities, and to develop recommendations to help facilitate the reduction of crime and violence. The task force is given authority to request and access information or records pertaining to crime or violent incidents, including exempt and confidential records (the task force may not disclose such records). The task force is directed to submit a report on its findings to the Governor, House Speaker and Senate President by June 2021. (O’Hara)

CS/HB 7037 (Judiciary Committee) and SB 1794 (Rader) strengthen the requirements and processes for amending the Florida constitution by petition. The legislation creates additional requirements for petition circulators and political action committees that back petitions. The bills increase the number of signatures that must be gathered from 10% to 50% before the secretary of state refers the petition to the attorney general. CS/HB 7037 was amended to require the signature threshold for starting the referral process be met in half of the state's 29 Congressional districts. The amendment provides each county supervisor of elections an extra 30 days to verify any petitions submitted before December 1 of an odd-numbered year. The amendment removed requirements that required a group sponsoring an amendment to disclose the percentage of contributions received from in-state persons and required that a  percentage of contributions obtained from in-state donors must appear on the ballot. The amendment clarified that petitions gathered before the bill's effective date are governed by the law in effect when the petitions were gathered. (Cruz)

HB 545 (Geller) and SB 1452 (Torres) create the right for citizens to propose legislation by ballot initiative. The bills define the process by which proposed legislation by ballot initiative would need to abide by, as well as the criteria that said legislation must comply with. The bills also set forth the process by which laws adopted by citizen initiative could be changed or repealed. The bills provide exceptions for types of proposed legislation if said legislation is proposed by legislative initiative. Of interest to cities: laws that change the boundaries of any municipality, county or special legislative or congressional district may not be proposed by initiative. (Cruz)

SB 1674 (Farmer) provides that the legislature may not preempt to the state a field of regulation or other subject of legislation unless it is passed by a two-thirds vote of each house. The bill also requires a supermajority vote of each house for a general law that preempts a subject of legislation to the state. (Cruz)

SB 1522 (Broxson) and CS/HB 1209 (Fischer) expand the instances whereby voters can vote to dissolve a municipality. Under the bills, a municipality can be dissolved by a referendum by a majority vote of qualified voters. The referendum must be held if a municipality meets one or more of the following criteria: the municipality has been in a state of financial emergency for two years or more, a financial emergency board has been established in response to a financial emergency and the municipality has failed to comply with the terms included in a signed agreement with the Governor's office, the municipality has submitted its annual financial report or annual financial audit report significantly late for two or more years consecutively or a grand jury or auditor general audit report issued within the past three years identifies significant problems with the municipality.

Within 30 days after one of the above criteria are met, the governing body of the municipality or, in the event the municipal government does not act, the governing body of the county or counties that the municipality is in, shall set the date of the referendum to dissolve the municipality. The referendum shall be at the next regularly scheduled election or a special election can be called. The election shall be noticed at least once a week for two weeks before the election in a newspaper of general circulation in the municipality. (Cruz)

HB 173 (Polo) – Nonenforcement of Immigration Detainers and Nonjudicial Immigration Warrants

HB 6023 (Polo) would repeal legislation from the 2019 Session relating to state and local government enforcement of federal immigration laws. (Cruz)

SB 1466 (Baxley) and HB 855 (Payne) – Special Districts 

SB 856 (Pizzo) and HB 1459 (Silvers) – Affordable Housing Tax Reduction

SB 1434 (Torres) and HB 493 (Cortes) – Community Development Districts

HB 163 (Altman) and SB 68 (Book) – Homelessness