BILL SUMMARY DETAILS

HB 85 (Snyder) and SB 360 (Hutson) – Causes of Action Based on Improvements to Real Property

HB 315 (Andrade) and SB 738 (Brodeur) – Civil Remedies for Unlawful Employment Practices

HB 843 (Cross) and SB 816 (Polsky) – Challenges to Development Orders

HB 837 (Fabricio), SB 236 (Hutson) and HB 1165 (Duggan) – Civil Remedies

HB 1205 (Andrade) and SB 1246 (Yarborough) – Advertisement for Legal Services

HB 7059 (Gregory) reduces the statute of limitations from four years to two years for a negligence claim against the state or an agency or subdivision of the state (including cities). The bill also reduces the pre-suit notice period from three years to 18 months for such claims. The bill decreases from six months to four months the amount of time a government entity has to make a final disposition of a claim during the pre-suit process, after which time the plaintiff may bring a lawsuit. (Cruz)

CS/HB 401 (Beltran) and SB 604 (Gruters) 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. CS/HB 401 was amended to increase the caps for damages against state and local government entities to $2,500,000 per person and $5,000,000 per incident. SB 604 (Gruters) would increase the caps to $400,000 per person and $600,000 per incident. (Cruz)

SB 92 (Garcia) and HB 105 (Basabe) codify the ability of local governments to require vacation rental owners or operators to designate and maintain at all times the name and contact information of a responsible party who is able to respond to complaints and other immediate problems related to the property. (Taggart)

HB 1399 (Cassel/Woodson) and SB 1422 (Pizzo) would require an applicant for a vacation rental license to provide the Division of Hotels and Restaurants of the Department of Business and Professional Regulation (DBPR) with proof of inspection and compliance with municipal codes when it changes in use from single-family residential to a transient public lodging establishment. The bills would also require that the applicant provide proof that the underlying homeowner’s insurance policy allows the structure to be used as a transient public lodging establishment and a signed affidavit from the chief executive of the local government where the property is located confirming the operation is allowed. (Taggart)

CS/CS/HB 833 (Duggan) is a comprehensive bill dealing with short-term rentals. Of concern to cities, the bill does the following:

Impact on Local Governments

CS/CS/HB 833 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. The bills expand this preemption to include local regulations on advertising platforms. 

Local Registration Programs 

The local government has 15 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 for processing an individual registration application or $200 for a collective application up to 75 properties or units. 

•Renew their registration no more than once per year 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.

•Comply with parking and solid waste handling requirements; these requirements cannot be imposed solely on short-term rentals.

•Designate and maintain a property designee who can respond to complaints and other immediate problems related to the property, including being available by phone.

•State the maximum occupancy of the short-term rental based on the number of sleeping accommodations for persons staying in the short-term rental. A municipality would first need to adopt by ordinance maximum occupancy limits for rented properties.

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 have the operator who places an advertisement on the platform:

•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 July 1, 2024, 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 antidiscrimination policy.

DBPR will now be required to:

•By July 1, 2024 maintain all vacation rental license information in a readily accessible electronic format.

•Impose fines on advertising platforms that are non-compliant with the requirements listed in this section.

Termination/Denial of License

DBPR may revoke, refuse to issue or renew a short-term rental license or suspend the license for up to 30 days under several circumstances:

•The property owner violates the terms of any lease or applicable condominium, coop or homeowner's association restrictions as determined by a final order of a court or by a written decision by an arbitrator authorized to oversee the dispute.

•The owner or operator fails to provide proof of local registration if required.

•The property and property owner are subject to a final order or judgment directing termination of the property's short-term rental status.

•The division may suspend a local registration for up to 30 days if a short-term rental is found to have two or more code enforcement violations found by the code enforcement board in a 90-day period. The division must issue a written warning and provide an opportunity to cure a violation before taking action. (Taggart)

CS/CS/CS/SB 714 (DiCeglie) is a comprehensive bill dealing with short-term rentals. Of concern to cities, the bill does the following:

Impact on Local Governments

SB 714 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. The bills expand this preemption to include local regulations on advertising platforms. 

Local Registration Programs 

The local government has 15 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 for processing an individual registration application or $200 for a collective application up to 25 properties or units. A local government may impose a fine for failure to register. 

•Charge a reasonable fee for inspections to ensure compliance with the Florida Building and Fire Prevention Code. Inspections cannot be a condition of receiving a local registration number.

•Renew their registration no more than once per year 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.

•Comply with parking and solid waste handling requirements; these requirements cannot be imposed solely on short-term rentals.

•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. A municipality would first need to adopt by ordinance maximum occupancy limits for rented properties.

•Provide to guests information related to health and safety concerns and applicable laws, ordinances, or regulations by posting on the property or by delivery to guests.

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 July 1, 2024, 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 antidiscrimination policy.

DBPR will now be required to:

•By July 1, 2024, maintain all vacation rental license information in a readily accessible electronic format.

•Impose fines on advertising platforms that are non-compliant with the requirements listed in this section.

Termination/Denial of License

A local government may terminate, refuse to issue or renew when:

•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 three or more violations of local registration requirements or for violations of another local law, ordinance, or regulation in a 90-day period. If a fourth violation occurs in the following six months, the registration may be suspended for up to six months.

DBPR may revoke, refuse to issue or renew a short-term rental license or suspend the license for up to 30 days under several circumstances:

•The property owner violates the terms of any lease or applicable condominium, coop or homeowner's association restrictions as determined by a final order of a court or by a written decision by an arbitrator authorized to oversee the dispute.

•The local registration is terminated by a local government for violating any of the registration requirements described above.

•The property and property owner are subject to a final order or judgment directing termination of the property's short-term rental status. (Taggart)

HB 25 (Benjamin) and SB 812 (Simon) – Citizen's Arrest

HB 45 (Skidmore) and SB 66 (Berman) – Risk Protection Orders

HB 119 (Benjamin) and SB 1510 (Pizzo) – Visiting County and Municipal Detention Facilities

HB 217 (Rayner-Goolsby) and SB 584 (Book) – Rights of Children

HB 151 (Daley) and SB 146 (Polsky) – Sale or Transfer of Ammunition

HB 153 (Daley) and SB 148 (Polsky) – Pub. Rec./Sales of Ammunition

HB 187 (Waldron) and SB 208 (Polsky) – Sale, Transfer, or Storage of Firearms

HB 165 (Hunschofsky) and SB 164 (Polsky) – Controlled Substance Testing

SB 214 (Burgess) and HB 221 (Snyder) – Sales of Firearms and Ammunition

HB 571 (Hinson) and HB 277 (Hinson)– Storage of Firearms in Private Conveyances and Vessels

HB 353 (Skidmore) and SB 318 (Polsky) – Conditions of Pretrial Release

HB 335 (Amesty) – School Safety Training

SB 428 (Rouson) and HB 403 (Basabe) – Community Violence Intervention and Prevention Grant Program

SB 462 (Berman) and HB 579 (Eskamani) – Assault Weapons and Large-capacity Magazines

HB 1081 (Benjamin) and SB 1556 (Perry) – Contraband Forfeiture

SB 1300 (Burton) and HB 1047 (Killebrew) – Animals Working with Law Enforcement Officers

HB 1543 (Payne) – Minimum Age for Firearm Purchase or Transfer

CS/HB 899 (Canady) and CS/SB 870 (Burton) authorize the use of newborn infant safety devices by hospitals, emergency medical services stations and fire stations. The devices are used to safely surrender newborn infants and must meet designated safety requirements. If an agency chooses to use the device, it must be monitored 24 hours per day, and the alarm must be checked at least twice per week. (Taggart)

CS/HB 1275 (Plasencia) allows a local law enforcement agency to develop and maintain a Special Persons Registry. The registry contains a list of persons who have developmental, psychological or other disabilities or conditions that may be relevant to their interactions with law enforcement officers. Adults may enroll themselves in the registry. Minors may be enrolled in a registry by their parent or legal guardian. The bill exempts from public records requirements all records and personal identifying information relating to enrollment of persons in a special persons registry and persons enrolled in a special persons registry held by a local law enforcement agency. It authorizes local law enforcement agencies to disclose confidential and exempt information to certain persons under certain circumstances and provides for the exempt status of such information held by those individuals and entities to be maintained.

Effective date: On the date HB 1275 takes effect (June 1, 2024). (Taggart)

CS/HB 1575 (Brackett) creates a limitation on when a local authority having jurisdiction over public safety emergency communication system may require installation of an enhancement system. Two-way radio communication enhancement systems are post-construction systems that accept and amplify first responders’ radio signals so that the radio strength at ground level is equal to the radio signal strength in all locations throughout a building. Unless a building undergoes a significant renovation or poses a safety threat, a local authority may only require an assessment no more often than every three years for high-rise buildings or buildings exceeding 12,000 square feet or every five years for all other buildings. If an enhancement system is required after assessment of a new building, a contractor must submit a design to the local authority for an enhancement system, and the local authority must require installation of the system within 12 months after issuance of a temporary certificate of occupancy. If a local authority requires an existing building to retrofit its enhancement system, it must give the building owner one year to do so. 

Effective date: July 1, 2023. (Taggart)

HB 215 (Rayner-Goolsby) and HB 456 (Berman) 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. (Taggart)

CS/HB 341 (Amesty) addresses workforce shortages among 911 public safety telecommunicators (911 PSTs). The bill allows the certification of a 911 PST to automatically revert to inactive status for up to six years if not renewed at the end of the two-year certification period. Consequently, certificate holders will no longer have to request their certification to be placed on inactive status or pay the applicable $50 fee required by current law. In addition, the bill provides for retroactive applicability to certificates that have expired or are set to expire in the six-year period preceding the effective date of the bill. 

Effective date: Upon becoming law. (Taggart)

CS/CS/SB 1126 (Avila) and CS/CS/HB 1539 (Rizo) 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. CS/CS/SB 1126 was amended to reduce the distance to 14 feet or roughly the size of a midsize sedan vehicle. (Taggart)

CS/CS/CS/HB 1595 (Yarkosky) addresses the duties of sheriffs and revises procedures for challenging reductions in a municipal law enforcement agency’s budget. For sheriffs, the bill clarifies that the sheriff has exclusive policing jurisdiction in the unincorporated areas of each county and has concurrent jurisdiction with municipal and special district law enforcement agencies in the jurisdictions of those entities. It provides for the transfer of policing responsibility and authority to the sheriff in counties that do not currently have an elected sheriff. With respect to the budget appeal process for challenges to funding reductions in a municipal law enforcement agency’s budget, the bill only allows a challenge if the reduction is more than 5% of the prior year’s budget. The bill also transfers the appeal process from the Administration Commission to the Division of Administrative Hearings and requires that a copy of the petition be provided to the affected municipality. It provides time limits for the filing of a petition, the petition hearing and the issuance of a final order on a petition. The bill requires an administrative law judge’s final order to be based on whether the proposed budget reduction will impair the law enforcement agency’s ability to ensure public safety. 

Effective date: Upon becoming law. (Taggart)

CS/CS/HB 535 (Botana) authorizes the head of a law enforcement agency to grant up to eight hours of administrative leave to a law enforcement officer in order for the officer to attend a funeral service in Florida of another officer who was killed in the line of duty. Leave may be denied, if necessary, to maintain minimum or adequate staffing requirements. In addition, the head of a law enforcement agency may authorize travel expenses for a law enforcement officer to attend such funeral service. 

Effective date: October 1, 2023. (Taggart)

HB 313 (Rudman) and SB 560 (Trumbull) – Pub. Rec./Active Duty Servicemembers and Families

SB 1316 (Broduer) – Information Dissemination

HB 1495 (Holcomb) and SB 1616 (Martin) – Pub. Rec./Security and Transportation Services Records

HB 1549 (McFarland) and SB 1648 (Bradley) – Pub. Rec./Investigations by the Department of Legal Affairs

SB 552 (Hooper) and HB 1437 (Esposito) – Public Records/Broadband Opportunity Program

SB 842 (Harrell) provides a public records exemption for the personal identifying information of a person reporting a potential code violation. (Taggart)

HB 157 (Holcomb) and SB 518 (DiCeglie) provide a public records exemption for the personal information of individuals who foster or adopt an animal from an animal shelter or animal control agency operated by a local government. (Taggart)

CS/SB 216 (Burgess) and CS/HB 525 (Arrington) 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. (Taggart)