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HomeMy Public PortalAboutLTC 058-2023 - Florida Legislative Session Past WeekBAL HARBOUR V I L L A G E - OFFICE OF THE VILLAGE MANAGER LETTER TO COUNCIL NO. 058-2023 To: Mayor Jeffrey P. Freimark and Members of the Village Council From: Jorge M. Gonzalez, Village Manager Date: April 17, 2023 Subject: Florida Legislative Session 2023 — Past Week The purpose of this Letter to Council (LTC) is to transmit the attached Florida Legislative Session Report provided by Ron L. Book for this past week. If you have any questions or need any additional information, please feel free to contact me. JMG/MH �i Ronald L. Book, P, fl. [AM Offit{f PROFUSIORK 0550 11f00 Session 2023 Weekly Report Enclosed is our 2023 Session weekly report which includes the latest update on important issues moving through the Legislature. As 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. • Housing: SB 102 has been signed into law, Chapter No. 2023-17 • School Choice/Universal Voucher: HB 1 has been signed into law, Chapter No. 2023-16 • Civil Remedies: HB 837 has been signed into law, Chapter No. 2023-15 Legislative Issues: • Local Regulation of Nonconforming or Unsafe Structures: (SB 1346/HB 1317) • Environmental Protection: (SB 1632/HB 1379) • Solid Waste Management (HB 975/SB 798) • Sovereign Immunity: (SB 604/HB 401) • Recall of County Officers and Commissioners: (SJR 1066/HJR 131/HB 209) • Financial Disclosure for Elected Officials: (SB 774/HB 37) • Local Ordinances/Business Impact Estimate: (SB 170/HB 1515) • Condominium and Cooperative Associations: (SB 154/HB 1395) • Homestead Tax Exemption for Senior, Low-income, Long-term Residents: (SB 126/HB 159) • Vacation Rentals: (SB 714/HB 833) • Public Nuisance/threatening actions/hate crime: (SB 994/HB 269) • Municipal Utilities: (HB 1331/SB 1712) • Land Use and Development Regulations: (HB 439/SB 1604) • Careless Driving / The Anthony Reznik Act: (SB 544) Local Regulation of Nonconforming or Unsafe Structures: (SB 1346/1113 1317) The House bill will be heard next in the House Commerce committee on 4/17. The Sponsor, Representative Roach, in the last committee hearing committed to work to address concerns of all affected, particularly those with historic districts designated federally as well as by local governments. Representative Roach has filed an amendment, bar code 70449, that continues to address historic places but not districts, and is similar to the latest version of the Senate bill. HB 1317 will be heard in its last committee on 4/17. SB 1346 will be heard in its last committee on 4/19. Environmental Protection: (SB 1632/HB 1379) This bill addresses a number of topics, however, specific to local governments, this bill expands the wastewater grant program to include areas and types of waterbodies that would be eligible, expands the types of projects to include additional wastewater projects, stormwater projects, and regional agricultural projects, removes the requirement that each grant have a minimum 50% local matching funds but it does allow DEP prioritize those with the local matching funds, and requires DEP to coordinate with local governments to identify the most effective and beneficial water quality improvement projects. Regarding sanitary sewer services, the bill requires local governments to develop a plan to provide sanitary sewer services for developments of more than 50 residential lots that have more than one OSTDS per acre within a 10-year planning horizon (not required for rural areas of opportunity), requires local governments to update their comprehensive plans to include the sanitary sewer planning element by July 1, 2024, and requires local governments that are subject to a BMAP (or located within the basin of waters not meeting applicable nutrient -related water quality standards) to provide DEP with an annual update on the status of the construction of sanitary sewers to serve such areas. SB 1632 will be heard in its second committee on 4/18. HB 1379 will be heard in its third committee on 4/17. Solid Waste Management (HB 975/SB 798) The House bill appears to have stalled, having been heard in only one committee, and the Senate companion, which is only similar not identical, has not been heard. • The bill would prevent municipalities or counties from prohibiting private entities from providing recycling or solid waste management services to commercial, industrial, or multifamily residential properties, including condominiums, within the municipality or county. • A municipality or county can require the private entity to obtain a permit, license, or nonexclusive franchise equivalent, but the permit, license or nonexclusive franchise equivalent may not cost more than the administrative cost to issue the permit, license, or nonexclusive franchise equivalent. • The bill requires a county or municipality to change a uniform franchise fee to all permit, license, or nonexclusive franchise equivalent holders. Contracts or franchises in place as of January 1, 2023, will be recognized and protected until the contract expires. A municipality or county may recognize a renewal option on an existing contract during 2023, but may not recognize an evergreen contract or an additional renewal or extension of a contract. • For the duration of any existing contract (including any authorized renewal period), a municipality or county may charge a franchise fee in excess of administrative costs, as long that franchise fee is uniform among all service providers. • The provisions of the bill do not apply to a municipality or county that is the sole provider of solid waste collection services in its jurisdiction performed by employees of municipality or county using municipal or county -owned equipment. HB 975 has been heard in one of its three committees. SB798 has not been heard. Sovereign Immunity: (SB 604/HB 401) This bill would substantially raise the sovereign immunity caps for damages sought against local governments. The bill would place an undue burden on large and small local governments alike. HB 401 passed its first committee in early February and has not moved to date. SB 604 has not yet been heard. However, we continue to voice opposition throughout the Session. The cap amounts were in negotiations but that now appears to have stalled. We continue to voice opposition to this legislation with House and Senate leadership. Recall of County Officers and Commissioners: (SJR 1066/HJR 131/HB 209) Senate and House joint resolutions propose an amendment to the State Constitution to authorize in statute the recall of County officers and Commissioners. HB 209 would implement this into statute. SJR 1066 has passed 2 of its 3 committees, HJR 131 is ready for the full House, and HB 209 is also ready for the full House. Financial Disclosure for Elected Officials: (SB 774/HB 37) The bill would require mayors and municipal elected officials to begin filing Form 6 for the annual financial disclosure starting January 1, 2024. Current law requires that these officials file only the limited disclosure of financial interests, Form 1, and current law requires that state legislators file Form 6. SB 774 has passed the Senate, 35 — 5, and HB 37 has passed its committees and is ready for the full House. Local Ordinances/Business Impact Estimate: (SB 170/14B 1515) The bill requires counties and cities to produce a "business impact estimate" before passing a local ordinance. SB 170 has passed the full Senate and 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. 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 the Senate and is in messages to the House. HB 1395 will be heard in its last committee on 4/17. Homestead Tax Exemption for Certain Senior, Low-income, Long-term Residents: (SB 126/HB 159) SJR 126 proposes an amendment to the Florida Constitution 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. If adopted by the Legislature, the proposed amendment will be submitted to Florida's electors for approval or rejection at the next general election in November 2024. If approved by at least 60 percent of the electors, the proposed amendment will take effect on January 1, 2025 HB 159 has passed its committees and is ready for the full House. SB 126 has passed the first of three committees. Vacation Rentals: (SB 714/HB 833) This bill preempts regulation of advertising platforms, preempts the licensing of vacation rentals to the state as well, and allows for grandfathered local ordinances adopted on or before June 1, 2011. 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. Would not apply to condominiums, cooperatives, or homeowners' association. Lastly, the bill would require the local government to accept or deny a registration application within 15 days. The House bill differs in that it Requires sexual offenders and sexual predators who stay in a vacation rental to register with the local sheriffs office. SB 714 will be heard in its second committee on 4/18. HB 833 will be heard in its last committee on 4/17. Public Nuisance/threatening actions/hate crime: (SB 994/1113 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 was amended to reflect the following: • Revises elements of new offenses relating to littering, harassment, and criminal mischief, including damaging any cemetery, grave, or memorial or any school or community center, unlawfully projecting images on buildings. It also revises the current offense relating to disturbing a school or place of worship to increase the penalty from a second degree misdemeanor to a first degree misdemeanor. Some offenses require evidence of religious or ethnic animus. • Creates s. 810.098, F.S., which provides it is a first degree misdemeanor for a person to trespass on the campus of a state university or Florida College System institution for the purpose of threatening or intimidating another person, and the person is warned to depart and refuses to do so. • The Senate bill specifies what constitutes prima facie evidence for the purpose of hate crimes penalty reclassification. • Requires hate -crime reporting. • Changes effective date from October 1, 2023 to upon becoming a law. SB 994 has passed two of its three committees. HB 269 will be heard by the full House on 4/20. Municipal Utilities: (HB 1331/SB 1712) 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 city boundaries that a municipal utility serves, the lower the cap is on transfers. Both bills remove 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. HB 1331 and SB 1712 have passed their first committees. Land Use and Development Regulations: (HB 439/SB 1604) The bill revises the Florida Land Use and Environmental Dispute Resolution Act (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 two of three committees and SB 1604 passed its first committee and will be heard in its second committee on 4/19. 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. ➢ 2023 Regular Legislative Session Dates: March 7 through May 5