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HomeMy Public PortalAboutLTC 048-2023 - Legislative Session Week 2 and 3 ReportBAL HARBOUR V I L L A G E - OFFICE OF THE VILLAGE MANAGER LETTER TO COUNCIL NO. 048-2022 To: Mayor Jeffrey P. Freimark and Members of the Village Council From: Jorge M. Gonzalez, Village Manager M Date: March 31, 2023 Subject: Florida Legislative Session 2023 — Update The purpose of this Letter to Council (LTC) is to transmit the attached Florida Legislative Session Report provided by Ron L. Book for weeks 2 and 3 of the session. If you have any questions or need any additional information, please feel free to contact me. JMG/mh Ronald 1. Book, P P. low OFFRO RUMOR A5f0091100 Session 2023 - Weeks 2 & 3 Report Enclosed is our 2023 Session weeks 2 and 3 report which includes the latest update important legislative issues. As we move through Session and issues arise, we will include those in our weekly reports as well. Please let us know if you have questions on issues included in this report, or on any other issue of concern. Legislative Issues Included: • Housing Omnibus Bill (SB 102 and HB 627) SB 102 Passed the Senate and House, expected to be sent to the Governor soon. • Local Regulation of Nonconforming or Unsafe Structures (SB 1346/1113 1317) • Sovereign Immunity (SB 604 and HB 401) • Recall of County Officers and Commissioners (SJR 1066 and HJR 131) • Financial Disclosure for Elected Officials (SB 774, HB 37) • Local Ordinances/Business Impact Estimate (SB 170, HB 1515) Passed the Senate, ready to be heard by the full House • Condominium and Cooperative Associations (SB 154, HB 1395) • Homestead Exemptions for Persons Age 65 and Older (SB 124, HB 161) • Homestead Assessments (SB 120, HB 471) • Vacation Rentals (SB 714 and HB 833) • School Choice/Universal Voucher (HB 1 and SB 202) Passed, awaiting action by the Governor • Public Nuisance (SB 994 and HB 269) • Civil Remedies (HB 837/SB 236) Passed and signed by Governor • Careless Driving / The Anthony Reznik Act (SB 544) Has not been heard. • Residential Building Permits (SB 682, HB 671) • Municipal Utilities (HB 1331 and SB 1380) • Land Use and Development Regulations (HB 439 and SB 1604) • Land and Water Management (SB 1240, HB 1197) Neither have been heard. ➢ Legislative Issues: Housing Omnibus Bill: (SB 102 by Senator Calatayud and companion bill, HB 627 by Representative Busatta Cabrera) SB 102 has passed both the Senate and House and is expected to be sent to the Governor for action this week. This bill is a comprehensive, statewide workforce housing restructuring of policy, which will address all aspects of housing development and attainability in Florida. Summarized in detail in the Week 1 Report. Local Regulation of Nonconforming or Unsafe Structures: (SB 1346/HB 1317) The bill would create the "Resiliency and Safe Structures Act," and provides for the following: • A local government may not prohibit, restrict, or prevent the demolition of any nonconforming • structures, any structure determined to be unsafe by a local building official, or any structure ordered to be demolished by a local government for any reason other than public safety, unless the structure is a single-family home or individually listed on the National Register of Historic Places. • A local government may not in any way limit the demolition of structures and buildings to which the act is applicable or limit the development of a replacement structure in a way that would divest property owners or developers of land use, zoning, or other land development rights for demolishing a structure in accordance with the bill. • A local government may not impose or enforce any limitation or condition on the approval of a replacement structure including a requirement for replication of the demolished structure, a limitation on the size or height of the replacement structure, or the maintenance of any of the demolished structure's elements. • Adds a new definition to statute for "Nonconforming structure" which would mean a structure located in a coastal high -hazard area according to a Flood Insurance Rate Map issued by the Federal Emergency Management Agency which does not conform to the requirements for new construction issued by the National Flood Insurance Program. HB 1317 has passed its first committee, 12 — 1 with two committees remaining, and SB 1346 has passed its first committee, 8 — 1 with two committees remaining. Sovereign Immunity: (SB 604 and HB 401) As part of our assignment, we have met multiple times with both House and Senate leadership indicating the County's opposition to this legislation. This bill would substantially raise the sovereign immunity caps for damages against state and local government entities and restructure the process by which claims are addressed. This would place an undue burden on large and small local governments alike. As such, the status of the bill to date is this: HB 401 passed its first committee in early February and has not moved to date, SB 604 has not yet been heard. However, we will continue to voice opposition throughout the Session. Additionally, this bill would allow for the following: • Amend s. 768.28, F.S., to increase the caps for tort damages against the state, its agencies, and its subdivisions from $200,000 to $2,500,000 per person, and from $300,000 to $5,000,000 per incident. • Allow a subdivision of the state to settle a claim and pay the settled amount without the need for a claim bill. • Eliminate any statute of limitations for filing a claim against a state or local government entity for sexual battery actions involving a victim who was younger than 16 years old at the time of the incident. However, the bill does not resuscitate any such claim which would have been time -barred as of July 1, 2010. • Increase the time limitation for filing a claim from three years to four years after the claim accrues. • Reduce from six months to three months the general pre -suit statutory time period for a government entity to review and dispose of a claim. HB 401 passed its first committee, was scheduled in its second committee on 3/15, but was temporarily postponed; SB 604 has not yet been heard. It appears that the cap amounts are still being discussed as members attempt to come to an agreement. The bills have continued to remain stalled. We continue to voice opposition to this legislation with House and Senate leadership. Recall of County Officers and Commissioners: (SJR 1066 and HJR 131) Senate and House joint resolutions sponsored by Senator Collins and Representative Rudman that proposes an amendment to the State Constitution to authorize the Legislature to provide by general law for the recall of County officers and Commissioners. SJR 1066 did pass its first committee. HJR 131 has passed two of its three committees. SB 209 would implement HJR 131/SJR 1066 to authorize the Legislature to provide for the recall of County officers and commissioners. SB 209 has passed 2 of its 3 committee references. Financial Disclosure for Elected Officials: (SB 774, HB 37) The bill would require mayors, elected members of the governing body of a municipality, and county or municipal managers to begin filing the CE Form 6 annual disclosure starting January 1, 2024. Current law requires that these officials file only the limited disclosure of financial interests, Form 1. SB 774 passed its first of only two committees and HB 37 has passed two of three committees of reference. Local Ordinances/Business Impact Estimate: (SB 170, HB 1515) The bill requires counties and cities to produce a "business impact estimate" prior to passing an ordinance, with exceptions. The estimate must be published on the local government's website and include certain information, such as the proposed ordinance's purpose, estimated economic impact on businesses, and compliance costs. Additionally, the bill imposes certain conditions on lawsuits brought by any party to challenge the legal validity of local ordinances as preempted by state law, arbitrary, or unreasonable. In these cases, the bill would require the following: • Require the local government to suspend enforcement of an ordinance of such legal challenge, under certain circumstances. • Require the court to give those cases in which enforcement of the ordinance is suspended priority over other pending cases and render a preliminary or final decision as expeditiously as possible. • Provide that a court may award up to $50,000 in attorney fees to a prevailing plaintiff who successfully challenges an ordinance as arbitrary or unreasonable. • The bill also provides that properly noticed consideration of a proposed ordinance may be continued to a subsequent meeting under certain circumstances without further publication, mailing, or posted notice. SB 170 has passed the full Senate, HB 1515 has passed all committees and is available to be heard by the full House. Condominium and Cooperative Associations: (SB 154, HB 1395) The legislature is again working to revise components of the Condominium laws passed over the last two years. SB 154, a 56 page bill, addresses the following issues, and the bill was amended again this week: • Further revises the milestone inspection requirements. • Requires the Florida Building Commission to establish by rule, a building safety program to implement the milestone inspection requirements by December 31, 2024. This must include inspection criteria, testing protocols, standardized inspection and reporting forms that are adaptable to an electronic format, and record maintenance requirements for the local authority having jurisdiction. • Requires that all personal lines residential policies issued by the Citizens Property Insurance Corporation must include flood coverage to exempt condominium or cooperative units that are in certain flood -risk areas and above specified floors in a building. • Revises the reserve funding requirements relating to condominium and cooperative associations. SB 154 has passed its first of two committees and is ready for the full Senate. HB 1395 will be heard this week and is expected to be amended to mirror the Senate bill. The bill was again amended this week, included is the link for the most recent version of the Senate staff analysis for review. CS/CS/SB 154: httt)s://www.flsenate.pov/Session/Bill/2023/154/Analyses/2023s00154.fR.PDF Homestead Exemptions for Persons Age 65 and Older: (SB 124, HB 161) this bill 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 or at an earlier special election specifically authorized by law. It proposes to raise the eligible real estate value for the optional full homestead exemption on long-term, low-income seniors from $250,000 to $300,000. All of these bills are moving through committees. Homestead Assessments: (SB 120, HB 471) This proposes a reduction to the Save Our Homes cap of 3%, established in 1994. This would lower the state's cap on annual increases to the assessed value of properties receiving homestead exemptions from 3% to 2%. This would need to pass in conjunction with the proposed companion joint resolution, SJR 122 and HJR 469, the constitutional amendment language which would be on the ballot in the next general election or at an earlier special election specifically authorized by law. Both SB 120 and HB 471 have passed their first committees. Vacation Rentals: (SB 714 and HB 833) This version of the vacation rental legislation caps a local government registration fee of up to $50 for an individual and $100 for a collective vacation rental registration. Allows for fines for non -registration, parking and garbage requirements for all areas, not only the VR. Requires local governments to accept or deny a registration application in 15 days, and allows for "grandfathered" local laws adopted on or before June 1, 2011. SB 714 has passed its first committee, HB 833 will be heard on 3/28. School Choice/Universal Voucher: (HB 1 and SB 202) Both the Senate and House have passed HB 1. Billed as the "school choice" legislation, this bill creates universal vouchers, paid for with tax dollars, for use at private schools. Florida offers scholarship programs for parents of eligible students to register and attend private schools which are the Florida Tax Credit Scholarship (FTC), the Family Empowerment Scholarship for students attending private school (FES-EO), and the Family Empowerment Scholarship for students with disabilities (FES-UA). • Increases the number of students with disabilities served under the FES-UA by increasing scholarship growth rates from 1% to 3% of Florida's exceptional education students, annually. • Expands eligibility for the FTC and FES-EO scholarships to any student who is a resident of Florida and is eligible to enroll in kindergarten through grade 12 in a public school. • Establishes the personalized education program as a parent directed educational choice option and authorizes the student to participate in FTC. • Retains the priority for FTC and FES-EO scholarships for students whose household income does not exceed 185% of the federal poverty level (FPL) and creates a second priority for households with income not exceeding 400% of the FPL. • Each parent of an eligible student will receive an empowerment savings account to choose among a variety of options to customize their child's K-12 education. • Authorizes any school in Florida, including public charter schools, to permit a student to enroll part- time and provides that the student will be funded proportionally based on their time of attendance or as contracted services. • Provides flexibility for traditional public schools as it relates to educator certificate requirements, transportation, cost per student station, capital improvement funding, transfer of student records, and the online course requirement for high school graduation. The estimated fiscal impact of this legislation on state government expenditures, as determined by House and Senate legislative staff, is $209.6 million. Independent estimates have reported considerably higher amounts. Expanding FES-EO Eligibility $112.1 million Increasin FES-UA Annual% Increase $97.5 million Total Amount $209.6 million HB 1 has passed and will next go to the Governor. Public Nuisance (SB 994 and HB 269) Among many threatening actions, this bill would prohibit the distribution of materials that involves religious or ethnic intimidation, threat, or intent to harm, to desecrate or destroy any religious cemetery, gravesite, or grave marker, including any Holocaust memorial of any type, school or community center, public or private property, and various other heinous acts detailed in the legislation. The bill would reclassify these acts as a felony of the third degree and would classify these actions as a hate crime. SB 994 has not been heard to date. HB 269 has passed two of its three committees and would next be heard in the House Judiciary committee. Civil Remedies: (HB 837/SB 236) HB 837 has been signed by the Governor. This bill makes the following changes to Florida's civil justice system: • Changes Florida's comparative negligence system from a "pure" comparative negligence system to a "modified" system, except for medical negligence cases, so that a plaintiff who is more at fault for his or or own injuries than the defendant may not generally recover damages from the defendant. • Provides uniform standards to assist juries in calculating the accurate value of medical damages in personal injury or wrongful death actions. • Modifies Florida's "bad faith" framework to: o Allow an insurer to avoid third -party bad faith liability if the insurer tenders the policy limits or the amount demanded by the claimant within 120 days after receiving actual notice of the claim. o Clarify that negligence alone is not enough to demonstrate bad faith. o Require a claimant to act in good faith with respect to furnishing information, making demands, setting deadlines, and attempting to settle the insurance claim. o Allow an insurer, when there are multiple claimants in a single action, to limit the insurer's bad faith liability by paying the total amount of the policy limits at the outset. • Provides that a contingency fee multiplier for an attorney fee award is appropriate only in a rare and exceptional circumstance, adopting the federal standard. • Provides that Florida's one-way attorney fee provisions for insurance cases apply in limited situations. • Requires the trier of fact in certain negligent security actions to consider the fault of all persons who contributed to the injury, establishes a presumption against negligent security liability in specified situations, and expands immunity for a property owner defending a lawsuit against a criminal actor who is injured on the property. • Reduces the statute of limitations for general negligence cases from 4 years to 2 years. HB 837 has passed and has been signed into law by the Governor, Careless Driving / The Anthony Reznik Act: (SB 544) This bill would revise the definition of aggressive careless driving and would provide penalties for a number of violations outlined in the bill. However, there is no House companion bill filed and has not been heard in committee to date. Residential Building Permits (SB 682, HB 671) The bill would revise the timeframes for approving or denying building permits and the actions a local government must take after receiving specified information. Would require local governments to offer applicants the opportunity to meet in person or electronically; reducing permit fees if certain timeframes are not met, require written notice to the applicant within 3 calendar days after receipt of the application, and other reduced timeframes. SB 682 has not been heard. HB 671 will be heard in its first committee on 3/28. Municipal Utilities: (HB 1331 and SB 1380) The bill places limits on the portion of municipal utility revenues that may be used to fund or finance a municipality's non -utility related general government functions. In doing so, the bill limits the rate of transfer for municipal electric, natural gas, and water or wastewater utilities. Under the bill, the greater the proportion of customers outside of the city boundaries that a municipal utility serves, the lower the cap is on transfers. However, if a municipal utility is governed by a utility authority board that, through the election of voting members from outside the municipal boundaries, provides for representation of retail customers located outside the municipal boundaries approximately proportionate to the percentage of such customers, then transfers of revenue are not subject to a reduced cap. The bill removes a provision allowing water or sewer utilities to add, for consumers outside of its boundaries, a surcharge of up to 25 percent of the rates, fees, and charges imposed on consumers within its boundaries. The bill changes the limit on the rates, fees, and charges such utility can impose on customers outside of municipal boundaries to no more than 25 percent above the total amount the municipal water or sewer utility charges customers within the municipal boundaries, provided rates for outside customers are set in a public hearing using the same methods as rates for other customers. The bill limits the rates, fees, and charges that a municipal water or sewer utility that provides service to consumers within the boundaries of a separate municipality, using a water treatment plant, or sewer treatment plant located within the boundaries of that separate municipality, by requiring that such charges are no more that the rates, fees, and charges imposed on consumers inside its own municipal boundaries. HB 1331 has passed its first committee, SB 1380 was scheduled for its first committee but was temporarily postponed on 3/21 and was not scheduled to be heard on the following agenda on 3/28. Land Use and Development Regulations: (HB 439 and SB 1604) during week 2, the House offered a proposed committee substitute which passed. The PCS now does the following: The bill revises the FLUEDRA process to allow a negotiated settlement between a property owner and a local government to include the same types of relief that could be ordered by the special magistrate and provides that a special magistrate's recommendation or a negotiated settlement between the property owner and the local government may contain relief that would otherwise be inconsistent with the local government's comprehensive plan if the local government finds the relief is protects the public interest served by the comprehensive plan provisions with which it is inconsistent. The bill makes a number of changes to statutes relating to comprehensive planning, including: • Revising definitions and data sources that are used in consideration of the comprehensive plan and plan amendments • Increasing the length of required planning period to 10 years and 20 years • Removing a list of indicators, a local government must consider relating to urban sprawl, instead requiring local governments to discourage urban sprawl by more effectively planning for future growth • Revising the comprehensive plan evaluation and appraisal process to ensure timely updates • Requiring land development regulations adopted by a local government to establish minimum lot sizes consistent with the maximum density authorized by the comprehensive plan and to provide standards for infill residential development and • Prohibits a local government from requiring building design elements for certain residential structures in planned unit developments, master planned communities, or communities with a design review board or architectural review board created on or after January 1, 2020, HB 439 has passed one of three committees and SB 1604 has not been heard to date. Land and Water Management: (SB 1240, HB 1197) This bill creates s. 373.027 F.S. Water management preemption- to preempt the following to the State by stating the following: (1) A county or municipality may not adopt laws, regulations, rules, or policies relating to any of the following: (a) Water quality. (b) Water quantity. (c) Pollution control. (d) Pollutant discharge prevention or removal. (e) Wetlands, including any delineation. (2) The regulation of water quality, water quantity, pollution control, pollutant discharge prevention and removal, and wetlands, including any delineation, is exclusively preempted to the state. (3) This section does not: (a) Apply to an interagency or interlocal agreement between the department and any agency, water management district, or local government conducting programs relating to or materially affecting the water resources of the state. (b) Affect the authority of a county or municipality to regulate and operate its own water system, wastewater system, or stormwater system. (4) If the department determines that a county or municipality is in violation of this section, the department shall notify the Chief Financial Officer of the violation and the Chief Financial Officer shall withhold any state funds to which the county or municipality may be entitled. Neither bill has been heard to date. ➢ 2023 Regular Legislative Session Dates: March 7 through May 5