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HomeMy Public PortalAboutLTC 061-2023 - Florida Legislative Session Past WeekBAL HARBOUR V I L L A G E OFFICE OF THE VILLAGE MANAGER LETTER TO COUNCIL NO. 061-2023 To. Mayor Jeffrey P. Freimark and Members of the Village Council From: Jorge M. Gonzalez, Village Manager Date: April 24, 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 Ronald L Book, P 0. low 01MO PROFNflollPI N0001100 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/HB 1317) Senator Avila's strike all amendment and Representative Roach's strike all amendment passed in committee, both bills are largely identical. The bills provide that a local government cannot prohibit, restrict, or prevent the demolition of the following structures for any reason other than public safety: nonconforming structures located within one-half mile of the coastline which are also within zones V, VE, AO, or AE, as identified in the Flood Insurance Rate Map issued by the Federal Emergency Management Agency, any structure determined to be unsafe by a local building official, any structure ordered to be demolished by a local government that has proper jurisdiction. The bill provides that a local government must authorize replacement structures to be developed to the maximum height and overall building size authorized by local development regulations. The bill prohibits a local government from imposing additional regulatory or building requirements on a replacement structure to be built on the property where a structure was demolished. The bill provides that a local government may review an application for a demolition permit only administratively for compliance with applicable building and safety codes. Senator Jones offered an amendment to include federally designated and locally designated historic districts (not simply federally designated historic properties and single family homes). Senator Avila indicated that the amendment was unfriendly, and Senator Jones withdrew his amendment as anticipated, in order to maintain the language as available at a future point in time. Before he withdrew the amendment, Senator Jones discussed the critical need for this modified language. Federally and locally designated historic districts include various historic areas of historic Florida, and in multiple locations, the Federal government does not only designate individual structures, but districts. SB 1346 and HB 1317 are ready for the Senate and House respectively. Environmental Protection: (SB 1632/HB 1379) Language contained in this bill would rename this grant program the Water Quality Improvement Grant and expand eligibility for a myriad of projects and locations around the state. 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 has passed two committees and will be heard in its last committee on 4/25. HB 1379 has passed all committees and will be heard by the full House on 4/25 Solid Waste Management (HB 975/SB 798) This legislation 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. This legislation was summarized in previous reports. Sovereign Immunity: (SB 604/HB 401) This legislation has also stalled. The bills as drafted would have substantially raised the sovereign immunity caps for damages sought against local governments. 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 and HB 209 will be heard by the full House, on 4/25. 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 will be heard by the full House on 4/25. Local Ordinances/Business Impact Estimate: (SB 170/HB 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 but has not moved this week, it 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 has passed all committees and is available for the full House. Homestead Tax Exemption for 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 and HB 833) The amended version allows for fines for non -registration and regulation on 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. The Senate bill was amended to clarify that local governments can restrict maximum occupancy, if applied across all rented properties within their jurisdiction, allows local governments to require applicants to state the maximum occupancy for the vacation rental based on the sleeping accommodations in the VR, allows a reasonable fee for inspections after registration, and increases the maximum processing fee that a local government can charge to $150 for an individual registration and $200 for a collective registration (with up to 25 individual registrations). The Senate bill also includes a limited amount of funding and six full time positions for DBPR to implement this legislation. We continue to work with the Florida League of Cities and a comprehensive team of lobbyists on behalf of local governments, including meeting with the bill sponsors, the Senate President's office and Senate and House staff to voice opposition to this bill. SB 714 has passed two committees and will be heard in its last committee on 4/25. HB 833 has passed all committees and is available for the full House. Public Nuisance/threatening actions/hate crime: (SB 994/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 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 will be heard in its last committee on 4/24. HB 269 passed the House 112 — 0. 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 but did not move this week. 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. The bill was amended this week to include the following: • The holder of a transportation or road impact fee credit in existence before the adoption of the alternative mobility funding system by a local government is entitled to full benefit of the density or intensity prepaid by the credit balance • Allow an applicant for a development order for an existing affordable housing development to expand the development to an adjacent parcel in any future land use category • Revise standards for electric substation approval to apply to all new and existing electric substations HB 439 and SB 1604 have passed all committees and are available for the full House and Senate. 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