BILL SUMMARY DETAILS

SB 1666 (Albritton) and HB 619 (Overdorf) authorize that electronic billboards may be placed on lands designated as agricultural lands if:

•the parcel can accommodate the billboard. 

•there are sufficient utilities to support the operation. 

• local government zoning ordinances allow the placement. (Branch)

SB 1594 (Powell) and HB 1263 (Watson, C.) prohibit individuals from influencing fire-safety inspectors by threatening, coercing, persuading or compensating to interfere with an inspection. The bills also provide criminal penalties for these violations. (Branch)

SB 710 (Albritton) establishes new requirements to the Florida Building Code that the entire envelope of multistory residential buildings, certain new coastal construction, new residential construction in a high-velocity hurricane zone and hurricane shelters be constructed with high wind-resistant construction materials. The bill requires that all parts or systems of a building or structure envelope meet impact test criteria. (Branch)

HB 85 (Casello) requires the Florida Building Commission to incorporate into the Florida Building Code specified requirements relating to the installation of “diesel exhaust capture systems” in fire stations. (Branch/Hughes)

SB 954 (Perry) and CS/HB 459 (Overdorf) preempt local governments from adopting zoning and development regulations that require specific building design elements for single- and two-family dwellings, unless certain conditions are met. The bills define the term “building design elements” to mean exterior color, type or style of exterior cladding; style or material of roof structures or porches; exterior nonstructural architectural ornamentation; location or architectural styling of windows or doors; and number, type, and layout of rooms.

The bills allow local governments to adopt and enforce regulations that require “building design elements” for single- and two-family dwellings if they are listed on the Historical Preservation Registry or if regulations are adopted in order to implement the National Flood Insurance Program.

The bills also allow a substantially affected person to petition the Florida Building Commission to review a local government regulation to determine if the regulation is actually an unauthorized amendment to the Building Code. (Branch)

SB 474 (Albritton) deals with the deregulation of certain professions and occupations. Of concern to cities, the bill deletes the ability of the Florida League of Cities and the Florida Association of Counties to recommend a list of candidates for consideration to the Florida Building Commission. Under current law, FLC and FAC have a joint representative on the commission. The bill revises the membership of the Florida Building Commission from 27 members to 19. (Branch)

CS/SB 504 (Perry) and HB 279 (Smith, D.) require the local government and other specified entities, in deciding whether it is in the public’s best interest for the local government to perform a public building construction project using its own services, to consider the estimated costs of the project using generally accepted cost-accounting principles. This requirement includes all costs associated with performing and completing the work, including employee compensation and benefits and other determining factors.

The bills also require a local government that performs a public building construction project using its own services to disclose the actual costs of the project after completion to the auditor general. CS/SB 504 was amended in committee to remove language prohibiting a local government from performing the project using its own services, employees and equipment if the project requires an increase in the number of government employees or an increase in such capital expenditures. (Branch)

CS/SB 246 (Hooper) and CS/HB 101 (Andrade) would allow municipalities the ability to retain only up to 5% across an entire construction project. Currently, municipalities can withhold up to 10% of retainage for the first half of a construction project and up to 5% on the last half. Retainage serves as a safeguard against possible overpayment to the general contractor when the estimated percentage of project completion, used for periodic payments, exceeds the actual percentage completed. Additionally, retainage helps to ensure that the project is 100% complete prior to funds being released to the contractor. (Branch)

HB 1237 (Avila), SB 1698 (Diaz) and SB 1700 (Avila) 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/HB 133 (McClain) and SB 1332 (Hooper) require local governments to establish maximum rates for the towing and immobilization of vessels and prohibits 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 who 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. (Cook)

HB 31 (Hill) preempts the ability of local governments to remove, alter, rename or otherwise disturb a memorial or monument on public property placed in memory of a veteran or war. This preemption includes the removal of Civil War memorials made to honor or commemorate the war, soldiers or government officials that aided the war effort. The legislation specifies that a remembrance erected, named or dedicated on or after March 22, 1822, on public property may be relocated, removed, altered, renamed, rededicated or otherwise disturbed only if necessary to accommodate construction, repair or improvements to the remembrance or to the surrounding property on which the remembrance is located. Additionally, the bill requires that a remembrance on public property that is sold or repurposed must be relocated to a location of equal prominence as the original location. (Cruz)

SB 162 (Perry) and HB 195 (Rodrigues) are two bills relating to public record requests. SB 162 provides that if an agency files an action for declaratory judgement that certain records are confidential or exempt, and the court determines that the records are neither, the court must assess the reasonable costs of enforcement, including attorney fees, against the responsible agency for the benefit of the named respondent.

HB 195 prohibits a city, after receiving a public record request, from filing an action for declaratory judgement against the individual or entity making the request. This bill would prevent cities from seeking clarification from the courts as to whether a record is public or not. (Cook)

HB 6083 (Rodriguez, Anthony) preempts cities, counties and the Florida Department of Highway Safety and Motor Vehicles from installing, maintaining, or utilizing red light cameras effective July 1, 2023. (Branch)

HB 305 (Rommel) and SB 1126 (Gruters) prohibit a political subdivision, including a municipality, from establishing, mandating or otherwise requiring an employer to offer conditions of employment not otherwise required by state or federal law. An “employer” is defined as any person who is engaged in any activity, enterprise or business in this state and employs at least one employee. The bills expressly preempt the regulation of minimum wage and other conditions of employment to the state. The bills do not limit the authority of a political subdivision to regulate minimum wage or to require conditions of employment for employees of the political subdivision, employees of a contractor or subcontractor who provides goods or services to the political subdivision and employees of an employer receiving a direct tax abatement or subsidy from the political subdivision as a condition of the direct tax abatement or subsidy. Any ordinance, regulation or policy of a political subdivision that is preempted by the bills and which existed before or on the effective date of this act is void. (Hughes)

HB 215 (Casello) and CS/SB 620 (Hooper) revise the current process that must be followed for the interrogation of firefighters. The bills revise the definition of “interrogation” to include questioning related to informal inquiries. The bills require all witnesses to be interviewed prior to beginning the interrogation of the firefighter when possible. The bills also require that the firefighter be provided the complaint, all witness statements and all other existing evidence before the interrogation. A firefighter being interrogated may not be threatened with transfer, dismissal or disciplinary action. The bills also set a timeline for certain information to be provided to the firefighter and prohibit any retaliatory action against the firefighter for exercising his or her rights. The complaint and other investigative information are confidential and exempt from public records pursuant to the current law, and the “informal inquiry” does not include discussions such as safety sessions, normal operations fire debriefings and routine work-related discussions. (Hughes)

CS/SB 998 (Hutson) and HB 1339 (Yarborough) makes varied and comprehensive changes to Florida law that impact affordable housing.

Of concern to municipalities, the bills:

•require local governments to allow Accessory Dwelling Units in all single-family residential zones. 

•permit a mobile home park damaged or destroyed by wind, water or other natural force to be rebuilt on the same site with the same density as was approved, permitted or built before being damaged or destroyed. (Branch)

SB 474 (Albritton) deals with the deregulation of certain professions and occupations. Of concern to cities, the bill deletes the ability of the Florida League of Cities and the Florida Association of Counties to recommend a list of candidates for consideration to the Florida Building Commission. Under current law, FLC and FAC have a joint representative on the commission. The bill revises the membership of the Florida Building Commission from 27 members to 19. (Branch)

CS/SB 246 (Hooper) and CS/HB 101 (Andrade) would allow municipalities the ability to retain only up to 5% across an entire construction project. Currently, municipalities can withhold up to 10% of retainage for the first half of a construction project and up to 5% on the last half. Retainage serves as a safeguard against possible overpayment to the general contractor when the estimated percentage of project completion, used for periodic payments, exceeds the actual percentage completed. Additionally, retainage helps to ensure that the project is 100% complete prior to funds being released to the contractor. (Branch)

HB 637 (DiCeglie) and SB 1066 (Gruters) are comprehensive bills regarding impact fees. The bills require a financial report for each impact fee trust fund annually. Local governments would be prohibited from collecting impact fees earlier than the date the building permit is issued. The bills allow impact fee credits to be transferred from one development to another within the same impact fee jurisdiction for the same type of facility. 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. (Cruz)

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 not be able to enact or enforce any ordinance, regulation or policy regarding home-based businesses. However, such home-based businesses could not substantially increase traffic, noise, waste or recycling. (Cruz)