LEGISLATIVE BILL SUMMARIES

Florida League of Cities

The 2023 regular Legislative Session commences on March 7 and will adjourn on May 5. Below are summaries of all the bills with municipal impact that have been filed to date.


To search bill summaries by a keyword, click Control + F. If you have any questions on a specific bill, please contact the lobbyist tracking the bill. This is indicated by the last name in parenthesis following each bill summary. Links to the House and Senate are located at the bottom of the page.

CYBERSECURITY

ECONOMIC DEVELOPMENT

FINANCE & TAXATION

Ad Valorem Tax Exemption for Nonprofit Homes for the Aged (Watch)

HB 127 (Smith) expands the current ad valorem tax exemption for not-for-profit homes for the aged to also allow a home for the aged owned by a separate entity that is owned by a not-for-profit corporation to also receive the exemption. (Cruz) ...

HB 127 (Smith) expands the current ad valorem tax exemption for not-for-profit homes for the aged to also allow a home for the aged owned by a separate entity that is owned by a not-for-profit corporation to also receive the exemption. (Cruz)

Constitutional Amendment: Homestead Tax Exemption for Certain Senior, Low-income, Long-term Residents (Watch)

SJR 126 (Avila) and HJR 159 (Borrero) propose an amendment to the Florida Constitution to increase the just value of a home that may be eligible to receive an additional homestead exemption for homes owned by seniors 65 years or older from $250,000 to $300,000. Under current law, a county or city may authorize an additional homestead exemption for seniors over the age of 65 if the value of the home is $250,000 or less, has been a permanent residence for at least 25 years, and certain income limitations are met. The legislation would simply increase the just ...

SJR 126 (Avila) and HJR 159 (Borrero) propose an amendment to the Florida Constitution to increase the just value of a home that may be eligible to receive an additional homestead exemption for homes owned by seniors 65 years or older from $250,000 to $300,000. Under current law, a county or city may authorize an additional homestead exemption for seniors over the age of 65 if the value of the home is $250,000 or less, has been a permanent residence for at least 25 years, and certain income limitations are met. The legislation would simply increase the just value limit of real estate eligible for the homestead tax exemption from $250,000 to $300,000. (Cruz)

Constitutional Amendment: Revised Limitation on Increases of Homestead Property Tax Assessments (Oppose)

SJR 122 (Avila) would reduce the limitation on annual increases of homestead property tax assessments from 3% to 2%. In 1994, the State of Florida established a 3% Save Our Homes (SOH) Cap assessment limit on all residential properties that receive a homestead exemption. The 3% SOH Cap limits any increase to the assessed value of a homestead exempt property for tax purposes to a maximum of 3% each year. SB 120 would reduce the assessment limit to a maximum of 2% each year. SJR 122 is a constitutional amendment and would require the approval of the Florida ...

SJR 122 (Avila) would reduce the limitation on annual increases of homestead property tax assessments from 3% to 2%. In 1994, the State of Florida established a 3% Save Our Homes (SOH) Cap assessment limit on all residential properties that receive a homestead exemption. The 3% SOH Cap limits any increase to the assessed value of a homestead exempt property for tax purposes to a maximum of 3% each year. SB 120 would reduce the assessment limit to a maximum of 2% each year. SJR 122 is a constitutional amendment and would require the approval of the Florida Legislature and the voters of Florida. (Chapman)

Implementing Bill: Homestead Assessments (Oppose)

SB 120 (Avila) would reduce the limitation on annual increases of homestead property tax assessments from 3% to 2% if SJR 122 or a similar constitutional amendment is approved by the voters at the next general election. (Chapman) ...

SB 120 (Avila) would reduce the limitation on annual increases of homestead property tax assessments from 3% to 2% if SJR 122 or a similar constitutional amendment is approved by the voters at the next general election. (Chapman)

Homestead Exemption for First Responders (Watch)

HB 101 (Woodson) expands the current homestead exemption for the surviving spouse of a first responder who dies in the line of duty to include first responders who die in the line of duty while employed by the United States Government. (Cruz) ...

HB 101 (Woodson) expands the current homestead exemption for the surviving spouse of a first responder who dies in the line of duty to include first responders who die in the line of duty while employed by the United States Government. (Cruz)

Implementing Bill: Homestead Exemptions for Persons Age 65 and Older (Watch)

SB 124 (Avila) and HB 161 (Borrero) would increase the just value limit of real estate eligible for the homestead tax exemption that may be adopted by counties or municipalities for certain persons age 65 and older if SJR 126, HJR 159 or a similar constitutional amendment is approved by the voters at the next general election. (Cruz) ...

SB 124 (Avila) and HB 161 (Borrero) would increase the just value limit of real estate eligible for the homestead tax exemption that may be adopted by counties or municipalities for certain persons age 65 and older if SJR 126, HJR 159 or a similar constitutional amendment is approved by the voters at the next general election. (Cruz)

Other Bills of Interest

HB 29 (Eskamani) and SB 114 (Book) – Tax Exemption for Diapers and Incontinence Products ...

HB 29 (Eskamani) and SB 114 (Book) – Tax Exemption for Diapers and Incontinence Products HB 103 (F. Robinson) – Taxpayer Delinquencies SB 116 (Rodriguez) – Taxation of Investigative Services

GENERAL GOVERNMENT

HOUSING

LAND USE & COMPREHENSIVE PLANNING

Land Development Initiative and Referendum Processes (Oppose)

HB 41 (Garcia) would prohibit an initiative or referendum process for any amendment to local land development regulations. Under current law, the initiative or referendum process is prohibited for any development order and, under certain circumstances, local comprehensive plan or map amendments. The bill would now also prohibit the use of initiatives or referendums for any amendment to land development regulations. The bill is drafted to be remedial in nature and would render null and void any referenda or initiative actions pertaining to land development regulations commenced after June 11, 2011. (Chapman)  ...

HB 41 (Garcia) would prohibit an initiative or referendum process for any amendment to local land development regulations. Under current law, the initiative or referendum process is prohibited for any development order and, under certain circumstances, local comprehensive plan or map amendments. The bill would now also prohibit the use of initiatives or referendums for any amendment to land development regulations. The bill is drafted to be remedial in nature and would render null and void any referenda or initiative actions pertaining to land development regulations commenced after June 11, 2011. (Chapman)

Alternative Mobility Funding Systems and Impact Fees (Watch)

HB 235 (Robinson, W.) provides clarity to local government adoption of a mobility plan and a mobility fee system. A mobility plan identifies various multimodal projects necessary to permit redevelopment, infill projects, and development. A mobility fee is a one-time fee paid by a developer to a local government to cover the costs of the improvements necessary to fully mitigate the development’s impact on the transportation system. The bill would prohibit a transportation impact fee or fee that is not a mobility-based fee from being imposed within the area that is within a mobility plan. The bill would ...

HB 235 (Robinson, W.) provides clarity to local government adoption of a mobility plan and a mobility fee system. A mobility plan identifies various multimodal projects necessary to permit redevelopment, infill projects, and development. A mobility fee is a one-time fee paid by a developer to a local government to cover the costs of the improvements necessary to fully mitigate the development’s impact on the transportation system. The bill would prohibit a transportation impact fee or fee that is not a mobility-based fee from being imposed within the area that is within a mobility plan. The bill would require mobility fees to be updated every five  years once adopted or updated. The bill outlines the comprehensive requirements a local government must follow in implementing the mobility plan and mobility fee system. In addition, the bill makes a revision to the impact fee statute that was substantially amended during the 2021 Legislative Session. Current law now limits the amount impact fees can be increased by, and it requires a phase-in period depending on the amount an impact fee is increased by. However, current law also provides an exception to the impact fee increase process by allowing for increases to be greater than the requirements if the governmental entity establishes the need for the increased fee pursuant to the rational nexus test, uses a study (completed within the 12 months preceding the increase) showing that extraordinary circumstances require the additional increase, holds at least two publicly noticed workshops, and adopts the increase by a 2/3 vote. HB 235 will eliminate this exception to impact fee increases. Therefore, all impact fee increases will have to comply with the increase limits and phase-in requirements provided for in the current law, with no exception. (Cruz)

OTHER

PARKS & RECREATION

PROCUREMENT

TELECOM

UTILITIES & NATURAL RESOURCES

Construction Materials Mining Activities (Watch)

HB 77 (Fabricio) provides that beginning July 2023, the ground vibration limit for construction materials mining activities within one mile of residentially zoned areas may not exceed .15 inches per second. The bill authorizes the Chief Financial Officer to direct the State Fire Marshal to modify the standards for the use of explosives in connection with construction materials mining activities within one mile of residentially zoned areas. (O’Hara) ...

HB 77 (Fabricio) provides that beginning July 2023, the ground vibration limit for construction materials mining activities within one mile of residentially zoned areas may not exceed .15 inches per second. The bill authorizes the Chief Financial Officer to direct the State Fire Marshal to modify the standards for the use of explosives in connection with construction materials mining activities within one mile of residentially zoned areas. (O’Hara)

Everglades Protection Area/Comprehensive Plan Amendments (Watch)

HB 175 (Busatta Cabrera) requires comprehensive plans and plan amendments that apply to any land within, or within 2 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. If DEP determines that any ...

HB 175 (Busatta Cabrera) requires comprehensive plans and plan amendments that apply to any land within, or within 2 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. If DEP determines that any portion of a proposed plan or proposed amendment will adversely impact the EPA or Everglades restoration objectives, the local government must modify the plan or plan amendment to mitigate such impacts before adoption of the plan or amendment, or that portion of the plan or amendment may not be adopted. 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 bill requires 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)

Public Financing of Potentially At-Risk Structures and Infrastructure (Watch)

HB 111 (Hunschofsky) revises current law provisions that require certain public-financed projects and infrastructure to undergo a Sea Level Impact Projection Study prior to construction. The bill expands the types of projects and infrastructure subject to the requirement by including “potentially at-risk” projects within an area that is “at risk due to sea-level rise.” The bill defines “at risk due to sea-level rise” and “potentially at-risk structure or infrastructure.” The bill also adds a requirement that a public-financed constructor provide a list of flood mitigation strategies evaluated as part of the design of the potentially at-risk structure or ...

HB 111 (Hunschofsky) revises current law provisions that require certain public-financed projects and infrastructure to undergo a Sea Level Impact Projection Study prior to construction. The bill expands the types of projects and infrastructure subject to the requirement by including “potentially at-risk” projects within an area that is “at risk due to sea-level rise.” The bill defines “at risk due to sea-level rise” and “potentially at-risk structure or infrastructure.” The bill also adds a requirement that a public-financed constructor provide a list of flood mitigation strategies evaluated as part of the design of the potentially at-risk structure or infrastructure and identify the flood mitigation strategies that have been implemented or are being considered as part of the structure or infrastructure design. (O’Hara)

Safe Waterways Act (Watch)

HB 177 (Gossett-Seldman) requires the Department of Health to adopt and enforce certain rules and issue health advisories for beach waters and public bathing places if the results of bacteriological water sampling at the site fail to meet health standards. The bill also expands the current law preemption of the issuance of health advisories related to bacteriological sampling of beach waters to include public bathing places. It specifies that beach waters and public bathing places must close if closure is necessary to protect health and safety and must remain closed until the water quality is restored in accordance ...

HB 177 (Gossett-Seldman) requires the Department of Health to adopt and enforce certain rules and issue health advisories for beach waters and public bathing places if the results of bacteriological water sampling at the site fail to meet health standards. The bill also expands the current law preemption of the issuance of health advisories related to bacteriological sampling of beach waters to include public bathing places. It specifies that beach waters and public bathing places must close if closure is necessary to protect health and safety and must remain closed until the water quality is restored in accordance with the Department’s standards. The bill requires the Department to adopt by rule specifications for signage that must be used when it issues a health advisory against swimming in affected beach waters or public bathing places due to elevated levels of specified bacteria and requires such signage to be placed at beach access points and access points to public bathing places until the health advisory is removed. It specifies that municipalities and counties are responsible for posting and maintaining the signage around beaches and public bathing places they own. Finally, the bill requires the Department to develop an interagency database for reporting fecal indicator bacteria data and specifies that fecal indicator bacteria relating to sampled beach waters and public bathing places must be published in the database within five business days after receipt of the data. (O’Hara)

Water and Wastewater Facility Operators (Support)

HB 23 (Bell) and SB 162 (Collins) state that water and wastewater facility operators are essential first responders. The bills require the Department of Environmental Protection to issue a license by reciprocity to any applicant who: (1) is a water treatment plant operator, water distribution system operator or domestic wastewater treatment plant operator and who holds an active and valid license from another state, the federal government or tribal government, for which the licensure requirements are comparable to or exceed Florida’s licensure requirements; (2) has passed a licensure examination comparable to the Department’s licensure examination, subject to approval ...

HB 23 (Bell) and SB 162 (Collins) state that water and wastewater facility operators are essential first responders. The bills require the Department of Environmental Protection to issue a license by reciprocity to any applicant who: (1) is a water treatment plant operator, water distribution system operator or domestic wastewater treatment plant operator and who holds an active and valid license from another state, the federal government or tribal government, for which the licensure requirements are comparable to or exceed Florida’s licensure requirements; (2) has passed a licensure examination comparable to the Department’s licensure examination, subject to approval of the Department; (3) is not the subject of a disciplinary or enforcement action outside of Florida at the time of application; (4) submits a completed application for reciprocal licensure; and (5) remits the application fee. The bills further direct the Department to issue a license by reciprocity to any applicant who: (1) has performed comparable duties while serving in the U.S. armed forces, for which the requirements for performing the duties are comparable to or exceed the Department’s licensure requirements; (2) has passed a skills assessment or competency examination comparable to the Department’s licensure exam, subject to approval by the Department; (3) is not the subject of any disciplinary or enforcement action at the time of application; (4) submits a completed application to the Department; and (5) remits the application fee. Lastly, the bills authorize the Department, during a declared state of emergency, to issue a temporary operator license by reciprocity under specified conditions and to waive the application fee for such temporary operator license. (O’Hara)

Other Bills of Interest

SB 100 (Garcia) – Mangrove Replanting & Restoration ...

SB 100 (Garcia) – Mangrove Replanting & Restoration HB 55 (Garcia) and SB 108 (Rodriguez) – Trees and Other Vegetation within Rights-of-Way SB 54 (Rodriguez) and HB 135 (Mooney) – Land Acquisition Trust Fund HB 125 (McClain) – Utility System Rate Base Values

Florida-Senate-Seal                                            Florida_House_Seal.svg