BILL SUMMARY DETAILS

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)

HB 601 (Duggan) and SB 576 (Ingoglia) make it unlawful for municipalities or citizen oversight boards to pass or enforce any ordinance relating to the receipt, processing or investigation of complaints of misconduct by law enforcement officers and correctional officers. The bills also prohibit the creation of any laws in relation to civilian oversight of a law enforcement agency in relation to the investigation of complaints. (Wagoner)

CS/SB 350 (Osgood) and HB 837 (Benjamin) address cold case murders by establishing a process for reviewing and reinvestigating such cases. The bills mandate that law enforcement agencies review cold cases upon receiving a written application from a designated person and outlines the criteria for conducting a full reinvestigation, including the identification of new probative leads or a likely perpetrator. The bills require law enforcement agencies to develop a written application for cold case reviews and mandate training for employees on the procedures and requirements outlined in the bill. 

The bills also require law enforcement agencies to report quarterly all relevant data to the Global Forensic and Justice Center at Florida International University. The bills direct the Center to establish a case tracking system and searchable public website. The bills also allow medical examiners to issue death certificates with nonspecific causes of death and manner of murder under certain conditions. (Wagoner)

HB 191 (Brackett) – Town of Orchid, Indian River County

SB 528 (Pizzo), SB 526 (Pizzo) and HB 299 (Woodson) – Public Records/Property Appraiser

HB 289 (Woodson) and HB 243 (Woodson)– Public Records/Property Appraiser

HB 1237 (Dunkley) and SB 1272 (Yarborough) – Public Records/Medical Examiners

HB 1461 (McFarland). Rec./Investigations by the Department of Legal Affairs

SB 1682 (Bradley) – Pub Public Records/Artificial Intelligence Transparency Violations

SB 290 (Wright) requires that certain public agency contracts include a requirement that service providers comply with public records laws. The bill defines a services provider as an individual, a partnership, a corporation or a business entity that enters into a contract for services with a public agency and is not acting on behalf of the public agency. Linked to SB 290, SB 292 (Wright) creates a public records exemption for contractors' and service providers' records related to audit or claims resolution, which are provided to a public agency pursuant to contract requirements. (Wagoner)

SB 1494 (Pizzo) provides that a public agency that has custody of a public record may not charge a fee once an agency has received a request to produce records. The bill provides that any person who violates this chapter (Chapter 119, Florida Statutes) may be punished by a $5,000 fine and if the custodian knowingly deters a public records request, they commit a first degree misdemeanor. Lastly, the bill requires courts to set priority for public records cases over other pending hearings. (Wagoner)

CS/HB 103 (Arrington) and CS/SB 712 (Powell) create a public records exemption for the personal identifying and location information of current county and city attorneys and assistant/deputy county and city attorneys, as well as information regarding the spouses and children of those attorneys. (Wagoner)

SB 811 (Gottlieb) and HB 862 (Jones) create a public records exemption for the personal identifying and location information of current county administrators and assistant/deputy county and city managers, as well as information regarding the names and locations of schools and day care facilities attended by the children of current administrators, deputy and assistant county managers, city managers, deputy city managers and assistant city managers. (Wagoner)

HB 157 (Caruso) and SB 894 (Bradley) allow local governments to meet and conduct official business via teleconferencing or other technological means, no more than two times per calendar year, as long as the meetings meet all of the requirements for public notice, public access and public participation. The bills do specify that meetings that include formal action on ordinances or are quasi-judicial hearings may not be conducted via teleconferencing or other technological means. (Wagoner)

CS/CS/SB 224 (Wright) and HB 413 (Altman) authorize citizen volunteer advisory committees that are comprised of representatives from four or more counties to conduct virtual public meetings and workshops using communications media technology. HB 413 specifies that there must also be a 100-mile distance between the two most distant counties. The public notice must specify whether the meeting or workshop will be held in person or virtually and how members of the public can participate. (Wagoner)

HB 161 (Daley) and SB 362 (Bradley) – Medical Treatment Under the Workers’ Compensation Law

HB 1415 (Chamberlin) and SB 1712 (Bradley) – Peer Support for First Responders

HB 839 (Benjamin) – Employment Leave for Crime Victims and Witnesses

HB 945 (Gottlieb) and SB 762 (Rouson) – Heat Illness Prevention

HB 505 (Truenow) and SB 958 (Martin) – Local Government Employees 

HB 599 (Chamberlin) and SB 1382 (Martin) – Gender Identity Employment Practices

HB 1089 (Shoaf) and SB 560 (Bradley) – Special Risk Class