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HomeMy Public PortalAboutLTC 019-2024 - Florida Legislative Session 2024 Week 2BAL HARBOUR - VILLAGE - OFFICE OF THE VILLAGE MANAGER To: From. Jorge M. Gonzalez, Village Manager �.. Date: January 29, 2024 Subject: Florida Legislative Session 2024 — Week 3 LETTER TO COUNCIL NO. 019-2024 Mayor Jeffrey P. Freimark and Members of the Village Council The purpose of this Letter to Council (LTC) is to transmit the attached Florida Legislative Session 2024 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.B. 1411U Off ICU PP.Off44101Rt IN001101 Legislative Session 2024 Week 3 Report As we move through the Legislative Session, we will continue to update you on issues of importance to local governments. Please let us know if you have questions on issues included in this report, or on any other issue of concern. We will be happy to provide information to you. Bills of Interest Community Associations: HB 1021 by Representative Lopez (Condominium and Cooperative Associations: SB 1178 by Senator Bradley and Cosponsor: Senator Pizzo) Condominium Windstorm Pilot Program — HB 655 by Representative Cassel (SB 802 by Senator Rodriguez) Coverage by Citizens Property Insurance Corporation — HB 893 by Representative Lopez (SB 1428 by Senator DiCeglie) Vacation Rentals — SB 280 by Senator DiCeglie (HB 1537 by Representative Griffitts) Affordable Housing — SB 328 by Senator Calatayud (HB 1239 by Representative Lopez) Building Regulations — HB 267 by Representative Esposito (SB 684 by Senator DiCeglie) Workplace Heat Exposure Requirements — HB 433 by Representative Esposito (SB 1492 by Senator Trumbull) Sovereign Immunity — SB 472 by Senator Brodeur (HB 569 by Representative McFarland) HB 1277 Municipal Utilities — HB 1277 by Busatta Cabrera (SB 1510 by Senator Brodeur) Municipal Water and Sewer Utility Rates — HB 47 by Representative Robinson (SB 104 by Senator Jones) Municipal Water or Sewer Utility Rates, Fees, and Charges — HB 777 by Representative Bracket Governing Body Meetings — HB 157 by Representative Caruso (SB 894 by Senator Bradley) Public Records exemption/County and City Attorneys — SB 712 by Senator Powell (HB 103 by Representative Arrington) Limitation of Local Fees for Virtual Offices — HB 503 by Representative Fabricio (SB 578 by Senator Ingoglia) Preemption of Recyclable and Polystyrene Materials — SB 498 by Senator Stewart Condominium and Cooperative Associations: SB 1178 by Senator Bradley and Cosponsor: Senator Pizzo Community Associations: HB 1021 by Representative Lopez SB 1178 was heard in the Senate Committee on Regulated Industries on Monday. During the committee, the sponsor introduced the bill as the next step of legislation following the initial action on condominium reforms taken in previous years. Senator Bradley filed a late -file delete -all amendment barcode 585928 that makes several technical and clarifying changes to the bill and following substantive revisions to the bill (unless otherwise stated all revisions relate to condominium associations): • Revises for clarity the requirements that condominium association managers (CAMs) and firms return documents to the association to provide that the CAM may retain records for up to 20 days after their contract is terminated in order to complete an ending financial statement or report. • Revises the requirements for CAMs to disclose a conflict of interest to require the board to solicit multiple bids (instead of at least three bids) if the association considers a bid for goods or services for which a CAM has a conflict of interest; • Delete the provision allowing association members to void a contract, provides that the procedures for resolving conflicts of interest in the bill do not apply to activities or the provision of goods and services that are disclosed in the management services contract. • Deletes the requirement for associations to maintain "other substantiating documentation" which is not necessary, the requirement in the bill that official records be maintained in an organized manner, the requirement in the bill for the recording of special assessments in the public record, the requirement that a notice of such obligation must also be provided to the unit owner at least 90 days before a vote of the members (instead of before an election or vote of the members), and the requirement that the checklist made in response to a records request be accompanied by a sworn affidavit, • Provides that the obligation to maintain official records includes a good faith obligation to recover records as may be reasonably possible in the event records are lost, destroyed, or otherwise unavailable, and that associations may satisfy a request for access to records by making the records available for download on the association website or through an application on a mobile device; and • Provides a first degree misdemeanor criminal offense for a person to knowingly or intentionally deface or destroy required accounting records or knowingly and intentionally fail to create or maintain required accounting records, with the intent of causing harm to the association or one or more of its members. • Provides that officers and directors charged with the criminal violation created in the bill are deemed removed from office and a vacancy declared. Requires that meetings of the board must meet at least once each quarter instead of four times a year. • Revises the requirement in the bill that copies of contracts being considered by the board must be provided to the unit owner with the meeting notice, to allow the copies to be made available for download on the association website or through an application on a mobile device. • Extends the period associations must retain a copy of an officer or director's educational certificate from 5 years to 7 years. • Provides an extension of the deadline for completion of a structural integrity reserve study if the condominium or cooperative association has entered into a contract for the performance of the study and the study cannot reasonably be performed or completed by December 31, 2024. The study still must be completed by December 31, 2026. Senator Osgood filed an amendment to the amendment barcode 582326 that would allow for electronic collection of online voting for associations. The amendment to the amendment was adopted. ➢ SB 1178 passed out of its first committee by a vote of 5-0 on Monday. Condominium Windstorm Pilot Program — HB 655 by Representative Cassel (SB 802 by Senator Rodriguez) HB 655 has been filed by Representative Cassel, with an identical companion SB 802 filed by Senator Rodriguez. The bill establishes a five year pilot program that would give actual cash value coverage to residential condominium associations for a roof, rather than a replacement cost valuation. To qualify for the program, an association will have to conduct a vote of the majority of its members, meet reserve requirements under Florida law to insure said roof, and conduct biannual roof inspections that are submitted to OIR. > Neither bill has been heard to date. 2 Coverage by Citizens Property Insurance Corporation — HB 893 by Representative Lopez (SB 1428 by Senator DiCeglie) Authorizes the corporation to amend wind -eligible areas considering specific factors in developing new eligibility criteria and rates for policies that provide wind -only coverage. ➢ Neither bill has been heard to date. Vacation Rentals — SB 280 by Senator DiCeglie (HB 1537 by Representative Griffitts) On Thursday, SB 280 was temporarily postponed by Senate President Passidomo during the session without objection. This indicates that there are still ongoing negotiations between the bill sponsor, leadership, and relevant local government stakeholders on the final language of the bill. This also indicates that an amendment maybe filed. SB 280 was placed on the Special Order Calendar for consideration on Thursday, and was retained without a vote taken. Affordable Housing - SB 328 by Senator Calatayud (HB 1239 by Representative Lopez) This bill is the anticipated "glitch" bill that will amend several of the most controversial issues with the Live Local Act that passed during the 2023 Legislative Session. At the beginning of the Fiscal Policy committee hearing on 01/18, Chair Hutson announced that Senator Calatayud asked for the bill to be temporarily postponed while she continued to meet with stakeholders. This indicates that new language is anticipated. The Chair announced that the bill would appear on the committee's agenda at a later date. ➢ SB 328 is on the agenda for the Committee on Fiscal Policy for next Wednesday, January 31st at 1:30 PM. Building Regulations - HB 267 by Representative Esposito (SB 684 by Senator DiCeglie) The key provision of this bill worth noting is found in section 1 of the bill, which reduces the limit for approving permits for residential buildings from 10 days to 5 days before a final plat is recorded. Any county with more than 75,000 residents or cities with more than 30,000 residents would be required to set up a program to expedite building permitting by August 15, 2024. That process must include an application to identify the percentage of planned homes that the government must issue, up to 50%. Both the Florida League of Cities and the Florida Association of Counties spoke against the bill but expressed their gratitude to the bill sponsor for sitting down to continue meeting with them and hearing their concerns. ➢ Neither bill moved this week. Expedited Approval of Residential Building Permits — SB 812 by Senator Ingoglia HB 665 by Representative McClain CS/SB 812 requires counties that have 75,000 residents or more and municipalities that have 30,000 residents or more to create a process to expedite the issuance of building permits based on a preliminary plat and to issue the number or percentage of building permits requested by an applicant, under certain circumstances, by October 1, 2024. A local government must update its expedited building permit program with certain increased percentages by December 31, 2027. ➢ SB 812 passed its first committee 8 — 0. HB 665 has passed its first committee but was not heard this week. 3 Workplace Heat Exposure Requirements - HB 433 by Representative Esposito (SB 1492 by Senator Trumbull) The PCS contains two noteworthy sections. Section 1 is a preemption of local minimum wage ordinances. Section 2 is a preemption of all labor regulations (terms and conditions of employment) to the state. The underlying bill preempts all workplace heat exposure requirements to the state. On Tuesday, SB 1492 was heard in the Senate Committee on Commerce and Tourism. In the committee, Chair Trumbull filed a late -file amendment barcode 709582 that removed Section 1 of the bill. The amendment passed, but during debate on the amendment Senator Gruters said he wished that the language had stayed in the bill. During debate, Senator Rodriguez spoke about the importance of OSHA regulations providing a single regulation landscape to protect persons working outdoors during extreme weather. Senator Stewart offered that in her discussions with Orange County, it seems that the bill is not written in a way that preempts county employees. • SB 1492 passed out of its first committee by a vote of 4-2 on Tuesday. Sovereign Immunity - SB 472 by Senator Brodeur (HB 569 by Representative McFarland) SB 472 increases the amount payable in tort claims by the state and its subdivisions from $200,000 to $400,000. It also raises the amount payable in total with all other claims or judgements from $300,000 to $600,000. The bill adds sexual battery of a minor as a protected claim that is not limited by a time restriction for a written claim submittal. HB 569 reduces the statute of limitations to file a suit against a government from 4 years to 2 years to align with the tort reform bill from the 2023 session. Notably it includes a provision that allows for local governments to settle claims and pay a settled amount above the statutory cap without a claim bill, ties the cap to the date of final judgment, and requires that caps for payment be indexed to CPI automatically on an annual basis. As noted by the sponsor during the presentation, the effective date of this bill would be October 1, 2024 to line up with local government fiscal years. • SB 472 is on the agenda for the Committee on Governmental Oversight and Accountability for next Monday, 01/29 at 1:30 PM. HB 569 did not move this week. Municipal Utilities - HB 1277 by Representative Busatta Cabrera (SB 1510 by Senator Brodeur) Representative Busatta Cabrera offered an amendment that would provide for the following: • Requires a municipality providing water or sewer utility service to consumers outside of the boundaries of such municipality must charge all consumers the same rates, fees, and charges. • Must conduct public meetings regarding rates for all residents/customers affected in the surrounding area — must include County Commission if affecting an unincorporated area. • Restricts what surcharge can be used to fund. • Requires report to the Public Service Commission that identifies each type of utility service provided outside of the boundaries of the municipality with the amount and percentage of the differential the PSC will then report findings to the Legislature and Governor ➢ Neither bill moved this week. 4 Municipal Water and Sewer Utility Rates — HB 47 by Representative Robinson (SB 104 by Senator Jones) Requires a municipality to charge customers receiving its utility services in another municipality the same rates, fees, and charges as it charges consumers within its own municipal boundaries. SB 104 is on the agenda for the Committee on Regulated Industries for Monday, 01/29 at 4 PM. Municipal Water or Sewer Utility Rates, Fees, and Charges — HB 777 by Representative Bracket (SB 1088 by Senator Martin) Removes provisions authorizing municipalities serving consumers outside their boundaries to add surcharges to rates, fees, and charges. Requires municipalities to conduct rate studies by January 1, 2027 and every 7 years thereafter. > Neither bill moved this week. Governing Body Meetings — HB 157 by Representative Caruso (SB 894 by Senator Bradley) Authorizes governing bodies of municipalities to convene meetings and conduct official business via teleconferencing or other technological means, no more than two times per year. However, those meetings cannot include formal action on ordinances or quasi-judicial hearings. These limitations may be suspended during a state of emergency issued by the Governor. On Tuesday, the bill was heard in the Senate Committee on Community Affairs. There were no questions by members present and no debate. • SB 894 passed with a vote of 8 — 0. HB 157 has not been heard. Public Records Exemption/County and City Attorneys: SB 712 by Senator Powell and Committee Substitute 1 for HB 103 by Representative Arrington SB 712 provides an exemption from public records requirements for the personal identifying and location information of current or former county attorneys, assistant county attorneys, deputy county attorneys, city attorneys, assistant city attorneys, and deputy city attorneys and the names and personal identifying information and location information of their spouses and children. On Wednesday, HB 103 was heard in the House Subcommittee on Ethics, Elections & Open Government. During the committee meeting, four speakers waived in support. • SB 712 is on the agenda for the Committee on Rules for Tuesday, 01/30 at 3:30 PM. > HB 103 passed its second committee with a vote of 14-0, and is on the agenda for the Committee on Judiciary for Tuesday, 01/30 at 12:30 PM. Limitation of Local Fees for Virtual Offices — HB 503 by Representative Fabricio (SB 578 by Senator Ingoglia) Prohibits a county, municipality, or local governmental entity from imposing, levying, or collecting tax, fees or other charges relating to the utilization of a virtual office. > Neither bill has been heard to date. 5 Preemption of Recyclable and Polystyrene Materials — SB 498 by Senator Stewart Removes the preemption of local laws regarding the regulation of auxiliary containers, wrappings, or disposable plastic bags; removing the preemption of local laws regarding the use or sale of polystyrene products to the Department of Agriculture and Consumer Services. This bill has not been heard to date. SESSION DATES: January 9, 2024, through March 8, 2024. 6