BILL SUMMARY DETAILS

HB 7019 (Buchanan) is the implementing bill for HJR 7015 and HJR 7017 if it is voter-approved and would increase the maximum amount of the exemption on homestead property from a maximum amount of $25,000 to a maximum amount of $50,000, for homestead property with an assessed value greater than $50,000. (Chapman)

HB 665 (McClain) and SB 812 (Ingoglia) are comprehensive bills dealing with the expedited approval of residential building permits. Of concern to municipalities, the bills do the following:

•Require counties with a population of 75,000 or more and municipalities with a population of 30,000 or more to create a program to expedite the process of issuing building permits for residential subdivisions by August 15, 2024.

•Create a two-step application process that would include the adoption of a preliminary plat and a final plat in order to expedite the issuance of building permits.

•Allow cities to work with the appropriate local government agencies to issue an address and a temporary parcel identification number for lot lines and lot sizes based on the metes and bounds of the plat contained in the application.

•Require applicants to have a performance bond for up to 130%.

•Require applicants to indemnify local governments that issue the permit.

•Specify that upon an applicant's request, a local government must issue no less than 50% of the permits for dwellings to be built. (Chapman)

HJR 7017 (Buchanan) proposes an amendment to the constitution to authorize the Legislature to require an annual adjustment to the value of certain homestead exemptions. The constitutional amendment must be approved by at least 60% of electors at the November 2024 general election and will take effect on January 1, 2025. (Chapman)

HB 479 (Robinson, W.) and SB 688 (Martin) revise and provide additional guidance concerning the use of mobility plans and the collection of mobility fees. The bills provide definitions for “mobility fee” and “mobility plan” to be used within the Community Planning Act. The bills prohibit local governments from charging for transportation impacts if they are not the local government that is issuing a building permit, require that local governments collect for extra jurisdictional impacts if they are issuing building permits and prohibit local governments from assessing multiple charges for the same transportation impact. Concerning impact fees, the bills provide that local governments adopting and collecting impact fees by ordinance or resolution must use localized data available within the previous 12 months of adoption for the local government’s calculation of impact fees. (Cruz)

HB 579 (Griffitts) allows private providers the ability to handle plans review and inspection tasks. Of concerns to cities, the bill does the following:

•Defines "Private Provider Firm" as a business organization offering building code services to the public through licensed agents, including architects and engineers.

•Requires private provider firms to qualify as business organizations if using licensed architects and engineers.

•Allows building owners or their contractors to hire private providers for building code inspection services with a written contract.

•Permits fee owners to use private providers for plans review or building inspections, with the possibility of requiring both if plans review is chosen.

•Requires equal access to permitting and inspection documents for private providers, owners and contractors.

•Prohibits the local building official from conducting their own plans review or inspections if a private provider is hired.

•Specifies a timeframe of 12 business days for local building officials to issue permits or provide written notices regarding plan deficiencies.

•If the local building official does not provide specific written notice to the permit applicant within the prescribed 12-day period, the permit application is deemed approved as a matter of law, and the permit must be issued by the local building official on the next business day.

•Establishes a complaint process through the Department of Commerce for fee owners or contractors if local jurisdictions fail to reduce fees as required. (Branch)

CS/HB 267 (Esposito) and SB 684 (DiCeglie) are comprehensive building permit bills. Of concern to cities, the bills do the following:

Expedited Approval of Residential Permits

•Require municipalities with a population of 30,000 or more to create a program to expedite the process of issuing building permits for residential subdivisions by August 15, 2024.

•Create a two-step application process that would include the adoption of a preliminary plat and a final plat in order to expedite the issuance of building permits.

•Allow cities to work with the appropriate local government agencies to issue an address and a temporary parcel identification number for lot lines and lot sizes based on the metes and bounds of the plat contained in the application.

•CS/HB 267 was amended to require applicants to have a performance bond for up to 130%. The Senate Companion, SB 684, requires applicants to have a performance bond for up to 120%.

•Require applicants to indemnify local governments that issue the permit.

•Specifies that upon an applicant's request, a local government must issue no less than 50% of the permits for dwellings to be built.

Shorten Timeframes for Building Permits  (applies to all municipalities)

•CS/HB 267 was amended to remove the requirement for the local jurisdiction to reduce the permit fee by 75% if an owner retains a private provider. SB 684 maintains this provision. 

•Reduce the timeframe when municipalities must provide written notice of receipt and any other additional information that is required for a properly completed application to an applicant.

•Reduce the number of times a municipality can ask an applicant for additional information.

•Allow an application to be “deemed” approved if municipalities fail to meet any of the timeframes. (Branch)

SB 742 (Grall) and HB 705 (Shoaf) revise and expand the definition of "public works project" to include an activity that is paid using any local or state-appropriated funds. Under current law, this is defined as any state funds. Of concern to cities, the bills prohibit municipalities that contract for a public works project from requiring a contractor to do the following:

•Pay employees a predetermined amount of wages or prescribe any wage rate

•Provide employees a specified type, amount or rate of employee benefits

•Control, limit or expand staffing

•Recruit, train or hire employees from a designated, restricted or single source.

The bills also prohibit a local government from denying the ability of a licensed contractor within the state from receiving information about a public works opportunity or from submitting a bid on a project. (Branch)

HB 665 (McClain) and SB 812 (Ingoglia) are comprehensive bills dealing with the expedited approval of residential building permits. Of concern to municipalities, the bills do the following:

•Require counties with a population of 75,000 or more and municipalities with a population of 30,000 or more to create a program to expedite the process of issuing building permits for residential subdivisions by August 15, 2024.

•Create a two-step application process that would include the adoption of a preliminary plat and a final plat in order to expedite the issuance of building permits.

•Allow cities to work with the appropriate local government agencies to issue an address and a temporary parcel identification number for lot lines and lot sizes based on the metes and bounds of the plat contained in the application.

•Require applicants to have a performance bond for up to 130%.

•Require applicants to indemnify local governments that issue the permit.

•Specify that upon an applicant's request, a local government must issue no less than 50% of the permits for dwellings to be built. (Chapman)

SB 472 (Brodeur) and 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. To reflect inflation, the bills require caps to be adjusted annually on July 1 to reflect changes in the regional Consumer Price Index. The bills prohibit an insurance policy from conditioning the payout of a claim on the passage of a claims bill. HB 569 allows a subdivision of the state to settle a claim above the statutory limits without the need for a claims bill. HB 569 narrows the statute of limitation on negligence claims against government entities from four years to two years. Both the House and Senate bills allow 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. (Cruz)

SB 280 (DiCeglie) is a comprehensive bill dealing with short-term rentals. Of concern to cities, the bill does the following:

Impact on Local Governments

SB 280 maintains 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 local government has 15 business 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 program may only require the owner or operator of a vacation rental to:

•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. 

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

•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, 7 days a week.

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

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

June 1, 2011, Grandfather Provision

The bill maintains the grandfathering of ordinances that were adopted prior to June 1, 2011. Additionally, the bill clarifies 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 subject of a final order or judgment directing the termination of the premises’ use as a vacation rental.

•A local government may suspend a local registration for up to 30 days if a short-term rental is found to have one or more violations on five separate days for violations of another local law, ordinance or regulation in a 30, 60 or 90-day period. (Wagoner)

CS/HB 267 (Esposito) and SB 684 (DiCeglie) are comprehensive building permit bills. Of concern to cities, the bills do the following:

Expedited Approval of Residential Permits

•Require municipalities with a population of 30,000 or more to create a program to expedite the process of issuing building permits for residential subdivisions by August 15, 2024.

•Create a two-step application process that would include the adoption of a preliminary plat and a final plat in order to expedite the issuance of building permits.

•Allow cities to work with the appropriate local government agencies to issue an address and a temporary parcel identification number for lot lines and lot sizes based on the metes and bounds of the plat contained in the application.

•CS/HB 267 was amended to require applicants to have a performance bond for up to 130%. The Senate Companion, SB 684, requires applicants to have a performance bond for up to 120%.

•Require applicants to indemnify local governments that issue the permit.

•Specifies that upon an applicant's request, a local government must issue no less than 50% of the permits for dwellings to be built.

Shorten Timeframes for Building Permits  (applies to all municipalities)

•CS/HB 267 was amended to remove the requirement for the local jurisdiction to reduce the permit fee by 75% if an owner retains a private provider. SB 684 maintains this provision. 

•Reduce the timeframe when municipalities must provide written notice of receipt and any other additional information that is required for a properly completed application to an applicant.

•Reduce the number of times a municipality can ask an applicant for additional information.

•Allow an application to be “deemed” approved if municipalities fail to meet any of the timeframes. (Branch)

HB 777 (Brackett) and SB 1088 (Martin) remove statutory authorization for municipalities to impose any surcharge for serving customers outside their municipal boundaries. The bills specify that rates, fees, and charges for extraterritorial customers must be just and equitable and be based on the same factors used to fix rates, fees and charges for customers inside the municipality’s boundaries. The bills also require municipal utilities to conduct a rate study by January 1, 2027, and every seven years thereafter.  (O’Hara)

HB 609 (Botana) and SB 1144 (DiCeglie) seek to repeal local governments' ability to levy a local business tax. (Chapman)

WMC3 (Ways and Means Committee) is the implementing bill for WMC1 if it is voter-approved and would increase the maximum amount of the exemption on homestead property from a maximum amount of $25,000 to a maximum amount of $50,000 for homestead property with an assessed value greater than $50,000. (Chapman)

WMC1 (Ways and Means Committee) proposes an amendment to the constitution to authorize the Legislature to increase the maximum amount of the exemption on homestead property from a maximum amount of $25,000 to a maximum amount of $50,000 for homestead property with an assessed value greater than $50,000. The constitutional amendment must be approved by at least 60% of electors at the November 2024 General Election and will take effect on January 1, 2025. (Chapman)

HB 665 (McClain) and SB 812 (Ingoglia) are comprehensive bills dealing with the expedited approval of residential building permits. Of concern to municipalities, the bills do the following:

•Require counties with a population of 75,000 or more and municipalities with a population of 30,000 or more to create a program to expedite the process of issuing building permits for residential subdivisions by August 15, 2024.

•Create a two-step application process that would include the adoption of a preliminary plat and a final plat in order to expedite the issuance of building permits.

•Allow cities to work with the appropriate local government agencies to issue an address and a temporary parcel identification number for lot lines and lot sizes based on the metes and bounds of the plat contained in the application.

•Require applicants to have a performance bond for up to 130%.

•Require applicants to indemnify local governments that issue the permit.

•Specify that upon an applicant's request, a local government must issue no less than 50% of the permits for dwellings to be built. (Chapman)

WMC2 (Ways and Means Committee) proposes an amendment to the constitution to authorize the Legislature to require an annual adjustment to the value of certain homestead exemptions. The constitutional amendment must be approved by at least 60% of electors at the November 2024 general election and will take effect on January 1, 2025. (Chapman)

HB 479 (Robinson, W.) and SB 688 (Martin) revise and provide additional guidance concerning the use of mobility plans and the collection of mobility fees. The bills provide definitions for “mobility fee” and “mobility plan” to be used within the Community Planning Act. The bills prohibit local governments from charging for transportation impacts if they are not the local government that is issuing a building permit, require that local governments collect for extra jurisdictional impacts if they are issuing building permits and prohibit local governments from assessing multiple charges for the same transportation impact. Concerning impact fees, the bills provide that local governments adopting and collecting impact fees by ordinance or resolution must use localized data available within the previous 12 months of adoption for the local government’s calculation of impact fees. (Cruz)

SB 192 (Garcia, I.) – Anchoring of Vessels in Anchoring Limitation Areas (Biscayne Bay)

SB 452 (Burton) and HB 451 (Bell) – Land Acquisition Trust Fund (Heartland Headwaters)

HB 437 (Porras) – Anchoring Limitation Areas (Biscayne Bay)

SB 484 (Bradley) and HB 1049 (Hunchofsky) – Flood Disclosure in the Sale of Real Property

SB 566 (Rodriguez) – Land Acquisition Trust Fund (Florida Keys)

HB 815 (Smith) and SB 998 (Collins) – Liquified Petroleum Gas

HB 1075 (Truenow) – Soil and Water Conservation Districts

SB 1136 (Trumbull) and HB 1163 (McClain) – Regulation of Water Resources/Water Well Contractors

SB 1210 (Martin) – Estero Bay Aquatic Preserve

HB 1119 (Antone) and SB 38 (Stewart) – Flood Zone Disclosures for Dwelling Units

SB 708 (Burton) and HB 825 (Koster) revise the timeframe within which an excavator is required to provide information through the free-access notification system established by Sunshine State One-Call Florida, Inc., before beginning certain excavation or demolition activities. In addition, the bills revise the timeframes during which member operators who receive such notifications are required to mark the horizontal route of an underground facility and provide a positive response to the system. (O’Hara)