BILL SUMMARY DETAILS

HB 777 (Brackett) removes statutory authorization for municipalities to impose any surcharge for serving customers outside their municipal boundaries. It specifies 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 bill also requires municipal utilities to conduct a rate study by January 1, 2027, and every seven years thereafter. (O’Hara)

HB 47 (Robinson, F.) and SB 104 (Jones) require a municipality that operates a water or sewer utility providing services to customers in another recipient municipality using a facility or plant located in the recipient municipality to charge customers in the recipient municipality the same rates, fees and charges it imposes on customers within its own municipal boundaries. (O'Hara)

HB 527 (Maggard) and SB 664 (Burgess) require a local government to use eminent domain to acquire any land or water buffer area that exceeds the minimum land or water buffer areas required under state law for development in or around wetlands. The bills also preempt dredge and fill permitting to the state and eliminate statutory authority for Land Management Review Teams at water management districts. (O’Hara)

SB 784 (Gruters) revises the application and installation requirements for uniform waterway markers. It requires that all waterway markers and information markers be affixed to plastic breakaway structures or floating buoys by January 1, 2025. The bill prohibits a governmental entity from affixing a waterway marker to a steel beam or wood piling. (O’Hara)

SB 770 (Martin) revises requirements relating to the Property Assessed Clean Energy (PACE) program. It defines “commercial property,” “facility,” “government commercial property,” nongovernmental lessee,” program administrator,” “qualifying improvement contractor,” “qualifying improvement program,” “qualifying improvement” and “residential property” for purposes of the PACE program. The bill authorizes local governments to enter financing agreements with property owners to finance or refinance qualifying improvements and requires such agreements to meet specified conditions. The definition of “qualifying improvement” is expanded to include wastewater improvements relating to repair, replacement or conversion of a septic tank system, and flood and water damage mitigation and resiliency improvements. The bill defines “qualifying improvements” for commercial properties. It revises and specifies public recording requirements for assessment financing agreements and notices of lien. It authorizes local governments to include in any contracts with program administrators provisions for performing annual reviews to confirm compliance. The bill prohibits liens relating to PACE improvements from being enforced in a manner that accelerates the remaining nondelinquent unpaid balance. It imposes numerous new consumer protection requirements on the approval of PACE financing agreements, including requirements that a local government or program administrator determine whether a property owner has the ability to pay the assessment, requirements for disclosures to property owners, requirements for obtaining the consent of certain mortgage holders or loan servicers, requirements for monitoring compliance by qualifying improvement contractors and requirements for annual reporting by local governments. (O’Hara)

HB 749 (Basabe) provides that the maximum voluntary freeboard requirements for new construction and substantial improvements to existing construction is 10 feet. The bill prohibits voluntary freeboard from being used to calculate the maximum allowable height of a structure. It defines “freeboard” as the additional height above the base flood elevation for determining the level at which a structure’s lowest floor or the bottom of the lowest horizontal structure member must be elevated in accordance with floodplain management regulations and the Florida Building Code. “Voluntary freeboard” is defined as the additional height above the freeboard required by floodplain management regulations and the Florida Building Code. It authorizes local governments to adopt by ordinance minimum freeboard requirements or maximum voluntary freeboard that exceeds minimum requirements. In addition, it requires the Florida Building Commission to adopt by rule minimum freeboard requirements and to incorporate such requirements into the next edition of the Florida Building Code and to review such requirements every five years. (O’Hara)

SB 510 (Stewart) imposes an excise tax on persons extracting water from waters of the state for commercial or industrial use. The bill specifies that tax proceeds must be deposited in the state Water Protection and Sustainability Program Trust Fund. In addition, it specifies that tax proceeds must also be used by the Department of Environmental Protection for geological surveys to monitor the health of waters of the state and for saltwater intrusion prevention and management. (O’Hara)

HB 789 (Overdorf) and SB 738 (Burgess) provide that a prevailing party in actions against the Department of Environmental Protection (DEP) or water management district relating to authorizations issued pursuant to chapters 403 or 373 is entitled to reasonable attorney costs and fees. The bills also require that nonindustrial stormwater management systems be designed with side slopes that meet certain minimum design requirements. The bills require DEP and water management districts to conduct reviews of their coastal permitting processes and permit programs and to submit reports of their findings and recommendations to the Governor and Legislature by December 2024. The review must include coastal construction control line permits, section 404 permits, and permitting processes related to water supply infrastructure, wastewater infrastructure and onsite sewage treatment and disposal systems. The purpose of the review is to identify areas of improvement and increase efficiency. (O’Hara)

HB 723 (Busatta Cabrera) requires comprehensive plans and plan amendments that apply to any land within, or within two miles of, the Everglades Protection Area (EPA) to follow the state-coordinated review process for state agency compliance review under Part II, Chapter 163, Florida Statutes, and requires the Department of Environmental Protection (DEP) to coordinate with the affected local governments on mitigation measures for plans or plan amendments that would impact Everglades restoration. The EPA consists of the three state-designated Water Conservations Areas (WCA-1, WCA-2 and WCA-3) as well as Everglades National Park. Plan amendments that apply to any land within, or within two miles of, the EPA must be transmitted to DEP within 10 days of the second public hearing on the amendment. Finally, the bills require a county whose boundaries include any portion of the EPA, and the municipalities within the county (any municipality within Palm Beach, Broward or Miami-Dade County), to transmit a copy of any small-scale plan amendment to the Department of Economic Opportunity within 10 days after adoption. (O'Hara)

HB 163 (Gossett-Seidman) and SB 608 (Rodriguez) direct the Department of Environmental Protection to require, as a condition of a permit issued for the maintenance dredging of deepwater ports and for beach restoration projects, that any adverse impact analysis conducted for the activity be conducted by an independent contractor selected by the local government and in a manner prescribed by the Department. The bill specifies the independent contractor may not be associated with certain projects for one year prior and for one year after commencing the impact analysis. The bill also requires a local government to provide notice of its intent to conduct an analysis to adjacent local governments that may be affected by the activity. The bill’s requirements do not apply to any port dredging currently permitted or maintained by the U.S. Army Corps of Engineers. The bill specifies fines for violations of its requirements. (O’Hara)

SB 198 (Avila) and HB 245 (Fabricio) specifies a ground vibration limit for construction materials mining activities within 1 mile of residentially zoned areas, which may not exceed .15 inches per second. It authorizes the State Fire Marshal to modify the standards, limits and regulations for the use of explosives in connection with construction materials mining activities within 1 mile of residentially zoned areas, which may include the temporary cessation of blasting. (O’Hara)

SB 36 (Stewart) and HB 455 (Casello) require the Department of Environmental Protection to develop a comprehensive waste reduction and recycling plan by July 2025, based on recommendations from the Department's 2020 75% Recycling Goal Final Report. The bill also requires the Department to convene a technical assistance group to help develop the plan. The plan must include the following: recycling goals based on sustainable materials management and waste diversion; a 30-year plan to implement strategies relating to recycling education and outreach; local government recycling assistance; and recycling materials market development. The bill requires the Department to submit a report and recommendations to the Legislature following completion of the plan. (O'Hara)

HB 769 (Bankson) revises the definition of “renewable energy source device” in section 193.624 relating to the assessed value of real property attributable to a renewable energy source device, to include equipment that collects, transmits, stores or uses biogas. The equipment includes materials and machinery used in the production, storage, compression, transportation, processing and conversion of biogas from landfill waste, livestock farm waste, food waste or treated wastewater into renewable natural gas suitable for pipeline injection. (O’Hara)

HB 287 (Esposito) and SB 266 (Hooper) – Transportation

HB 805 (Borrero) – Traffic Infraction Detectors

HB 107 (Esposito) and CS/SB 28 (Hooper) increase the annual fees required for electric and hybrid vehicles. Beginning January 1, 2029, the annual fee for electric vehicles would increase from $200 to $250, and the annual fee for hybrid vehicles would increase from $50 to $100. The bills specify that 64% of the proceeds be deposited into the State Transportation Trust Fund, and 36% must be allocated to the county where the vehicle is registered. Local governments can use these funds for transportation expenditures. The bills are set to Sunset on June 30, 2034. (Branch)

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

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 4 years to 2 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 702 (Martin) defines 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 bill 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. (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)

HB 27 (Benjamin) – Citizen’s Arrest

SB 96 (Jones) – 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) – Lights Displayed on Police Equipment and Fire Department Vehicles

HB 485 (Brackett) – 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