HomeMy Public PortalAboutLTC 029-2024 - Florida Legislative Session 2024 Week 5BAL HARBOUR
- VILLAGE -
OFFICE OF THE VILLAGE MANAGER LETTER TO COUNCIL
NO. 029-2024
To: Mayor Jeffrey P. Freimark and Members of the Village Council
From: Jorge M. Gonzalez, Village Manager
(lam`
Date: February 16, 2024
Subject: Florida Legislative Session 2024 — Week 5
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
Roo, L Book, P B.
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Legislative Session 2024
Week 5 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
• Increasing Homestead Tax Exemptions: HJR 7015
• Increasing Homestead Tax Exemptions: HJR 7017
• Complaints Against Law Enforcement Officers — HB 601, SB 576 by Senator Ingoglia, Representative
Duggan
Community Associations: SB 1178 by Senator Bradley, Cosponsor: Senator Pizzo (HR 1021 by Representative
Lopez)
This bill has been discussed by its sponsor as the next step of legislation following the initial action on condominium
reforms taken in previous years.
➢ SB 1178 is on Committee agenda-- Appropriations Committee on Agriculture, Environment, and General
Government, 02/13/24, 8:30 AM.
➢ HB 1021 is on Committee agenda-- State Administration & Technology Appropriations Subcommittee,
02/13/24, 11:30 AM.
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.
Coverage by Citizens Property Insurance Corporation —1413 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.
HB 893 was heard in the Insurance & Banking Subcommittee on Tuesday, where the sponsor filed amendment
barcode 674781 that would:
• Changes the annual approvals of the program run by Citizens to every 5 years.
• Changes approval of rates from legislature to OIR.
During questions on the bill, Representative Benjamin asked who would be doing the study to determine the
boundaries of the wind -only coverages, to which the sponsor replied that Citizens would be conducting the study
in consultation with OIR. As a follow-up, Representative Benjamin asked why Citizens would be doing the study
instead of Hurricane Watch. The sponsor replied that Citizens has collected a lot of data that should be sufficient.
Representative Stevenson asked for clarity on the criteria for wind -only coverage, and the sponsor stated that it was
based on polling done around the state after Hurricane Andrew.
➢ HB 893 passed out of its first committee 16-0 on Tuesday.
➢ SB 1428 did not move this week.
Vacation Rentals — SB 280 by Senator DiCeglie (HB 1537 by Representative Griffitts)
HB 1537 did not move this week.
SB 280 is in messages to the House having passed on 3rd reading.
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.
On Wednesday, the bill was heard in Session. A amendment barcode 155140 was introduced by the sponsor that
would:
• Prevent counties from restricting floor area ratios of a development below 150% of the highest currently
allowed floor area ratio on unincorporated land where development is allowed, including floor lot ratios.
• Require a reduction of parking requirements by at least 20% for development located within a half mile of
a major transportation hub, or parking within 600 feet of the development. (From Senator Osgood bill.)
An amendment barcode 204708 was also introduced by Senator Garcia that clarifies that rental properties are not
included for tax exemption created by the bill.
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During questions on the bill, Senator Powell asked if the industrial zoning differentiated between high and low
density industrial zoning, to which the sponsor stated there is no differentiation considered in the bill. As a follow-
up, Senator Powell asked if the placement of housing in industrial zoning could cause potential social justice issues
and require removal in the future, to which the sponsor replied that the market will keep people out of areas where
they may become sick.
Also on Wednesday, HB 1239 was heard in the House State Affairs Committee. During the committee, a proposed
committee substitute and an amendment to the PCS was brought forth and voted on. The PCS and its amendment
made the following changes to align the language with the Senate bill:
• Retained current law allowing qualifying affordable housing developments to be constructed in industrial
areas.
• Revised prohibitions on restricting the density, intensity, or height of a qualifying development to be
measured against the buildings instead of developments.
• Prohibited local governments from restricting the intensity of a proposed development below 150 percent
of the highest currently allowed FAR under the local government's land development regulations.
• Revised the prohibition on restricting the height of a qualifying development when the development is
adjacent to a single-family residential use to 150 percent of the tallest building on any property adjacent to
the proposed development, the highest currently allowed height for the property, or three stories, whichever
is higher.
• Required local governments to reduce parking requirements by at least 20 percent for developments
meeting certain requirements and eliminate parking requirements for proposed mixed -use residential
development in a transit -oriented development or area.
• Required a local government to administratively approve any bonus a development would qualify for under
local regulations but for the provisions of the bill.
• Grandfathered in applicants for proposed developments under current law, but allowed those applicants to
submit a revised application to account for changes made by the bill.
During questions on the PCS, Representative Rayner asked why this is being considered the "clean-up" version of
Live Local. The sponsor replied that this language reflects the highest currently allowed density to allow for variance
and easier applicability for county governments. As a follow-up, Representative Rayner clarifies that this should
enshrine the existing allowable density for counties, rather than forcing any change, to which the sponsor affirmed
yes.
Representative Roth asked if three stories would be allowable in very rural areas where there is very little around,
to which the sponsor said local regulations would still be honored to preserve local character.
➢ SB 328 is in messages to the House having passed on 3rd reading on Wednesday.
➢ HB 1239 passed out of its first committee by a vote of 18-1 on Wednesday.
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.
On Tuesday, the bill was heard in the Senate Committee on Community Affairs. The bill was amended by barcode
695408 filed by the sponsor. The amendment:
• Requires the Florida Building Commission to modify the Florida Building Code to state that sealed
drawings by a design professional may not be required for the replacement of windows, doors, or garage
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doors. Such replacement windows and doors must be installed in accordance with the manufacturer's
instructions and the current FL Building Code.
• Reverts the definition of "wind borne debris region" in the Florida Building Code to the definition from the
previous Code (7th edition), until the adoption of the next 9th edition of the Code.
• Provides that for permit applications with the seal of a private provider who is a licensed engineer or
architect, the local government must issue the permit or provide written notice of plan deficiencies within
12 business days after receipt of the permit application. If the local building official does not provide written
notice of deficiencies within the 12 -day timeframe, the permit application is deemed approved.
• Restores current law by removing bill provisions requiring local governments to reduce a permit fee by 75
percent if an owner retains a private provider.
• Defines the term "private provider firm" for purposes of allowing local governments to establish a
registration system to verify private provider licensure requirements.
• Replaces bill provisions modifying time periods for local governments to approve building permit
applications with a new scheme based on size and type of structures.
• Authorizes local governments to use building code enforcement fee revenue to upgrade technology
hardware and software systems used to enforce the Building Code.
During public testimony, the Florida Association of Counties spoke about the positive direction the bill is moving
in, and thanked the willingness of the sponsor to listen to stakeholders and continue to make improvements. The
Florida League of Cities spoke in favor of the amendment only.
During questions, Senator Berman asked if there is a limit of the number of applications that can be submitted, to
which the sponsor replied that he is not aware of any. As a follow-up Senator Berman asked if applying time limits
would restrict local government's ability to respond given there can be no limit on how many applications come in,
to which the sponsor said he has been working with FAC and FLC extensively to get them on board with a timeline.
Senator Pizzo asked about the bifurcation between single family homes and townhomes versus skyscraper
residential towers working under the same permitting timelines, to which the sponsor replied he is willing to work
to address those concerns.
➢ SB 684 passed out of its first committee by a vote of 5-3 on Tuesday.
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 was heard in the Senate Committee on Regulated Industries on Monday, where the sponsor introduced four
amendments that made the following changes:
• The application to expedite the issuance of building permits or the local government's final approval may
not alter or restrict the applicant from receiving the number of building permits requested, as long as the
request for the permits does not exceed 50 percent of the homes in the subdivision or planned community
or the number of building permits
• That the requirement for an expedited permitting process that must be established by December 31, 2024
does not apply to a municipality with 25 acres or less of contiguous land zoned for residential development
or agricultural purposes, and for the process established by December 31, 2027, a municipality with 25
acres or less of land zoned for residential development or agricultural purposes
• That an applicant for a building permit may not obtain a temporary or final certificate of occupancy for
each residential structure or building until the final plat is approved by the governing body and recorded in
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the public records; this provision revises language in the bill providing that the provision only applied to
final certificates.
During questions, Senator Hutson asked if this bill would create any title issues by preempting local ordinances that
provide existing programs for COs. The sponsor replied this should not be preempting anything but that it was a
good question he will look into before the next stop.
HB 655 was heard in the House Commerce Committee on Thursday, where the sponsor filed amendment barcode
645675 that made the following changes:
• Clarified that, related to an application for building permits under a preliminary plat, if the applicant
requests, the local government cannot give less than the requested amount of permits if the request does not
exceed 50 percent.
• Provided that any city that does not have 25 acres of contiguous land designated by the local government
for residential development or agricultural purposes does not have to create the new preliminary plat process
(previously exempted those cities with under 30,000 residents).
• Clarified that a developer may not receive a temporary or final certificate of occupancy based on a
preliminary plat.
• Required a local governing body to publish a list of at least 3 qualified contractors they may use to help
with staffing to review and approve an expedited application for a preliminary plat.
• Provided that a qualified contractor is:
o A licensed an engineer or engineering firm
o A licensed surveyor or mapper or a surveyor's or mapper's firm
o A licensed architect or architecture firm
o A registered landscape architect or landscape architecture firm
o Any other qualified professional who is certified in urban planning or environmental management.
During public testimony, the Florida League of Cities expressed concerns about the removal of the 30,000
population threshold to participate in the program out of concern it would put an undue constraint on small rural
cities.
During debate, Representative Sirois and Representative Duggan spoke in support of the bill and stated that too
many layers of government could be slowing down the process to get people in homes.
> SB 812 passed out of its second committee by a vote of 6-0 on Monday.
> HB 655 passed out of its third committee by a vote of 12-5 on Thursday.
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.
SB 1492 was heard in the Senate Committee on Community Affairs on Tuesday. During the committee hearing, a
representative for the Florida Chamber of Commerce spoke in favor of the bill to avoid having to comply with
different regulations across local governments. Senator Pizzo asked if the 30 degree temperature difference between
Tallahassee and Miami that day warranted different applications of regulations, to which the representative replied
that OSHA already considers hot and cold standards. Also during public testimony, Senator Pizzo made a point to
clarify that lifeguards, construction workers, and farmworkers are not included in the heat index regulated by
OSHA.
During debate, Senator Pizzo stated that if there was a list of excluded professions that could still receive regulations,
he would be in support of the bill. Senator Baxley spoke about the lack of need for someone to be "standing over
the shoulder" of employers by an over -regulating government.
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• SB 1492 passed out of its second committee by a vote of 5-3 on Tuesday.
• HB 433 did not move this week.
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.
> SB 472 did not move this week.
➢ HB 569 did not move this week.
Municipal Utilities - HB 1277 by Representative Busatta Cabrera (SB 1510 by Senator Brodeur)
• SB 1510 did not move this week.
> HB 1277 did not move this week.
Municipal Water and Sewer Utility Rates — HB 47 by Representative Robinson (SB 104 by Senator Jones)
SB 104 was heard in the Senate Committee on Community Affairs on Tuesday. The sponsor filed amendment
barcode 564540 which makes the following changes:
• Defines the terms "facility", "wastewater treatment facility", and "water treatment facility" to apply
throughout the bill.
During questions, Senator Pizzo asked if North Miami Beach was the only municipality that was obligated to finance
repairs and maintenance for the water facility in Miami Gardens, to which the sponsor clarified cited a line of
questioning at a previous committee stop where the city reported that the surcharge currently collected by North
Miami Beach is used for FTE positions and sidewalk repairs.
i SB 104 passed out of its second committee by a vote of 8-0 on Tuesday.
HB 47 did not move this week.
Municipal Water or Sewer Utility Rates, Fees, and Charges — HB 777 by Representative Bracket (SB 1088
by Senator Martin)
• SB 1088 did not move this week.
> HB 777 did not move 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 Government Oversight and Accountability, where the
sponsor filed amendment barcode 766062 that would:
• Clarifies that the Governor's declaration of a state of emergency cannot waive constitutional requirements
of public notice, public accommodation, and public participation.
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• Requires that a state of emergency affect the municipality in which the meeting would occur in order to
allow for a waiver of limitations on meetings using teleconferencing or other technological means.
• Requires the Governor to specifically waive the limitations on meetings using teleconferencing or other
technological means in his or her declaration of a state of emergency.
During debate, Senator Wright spoke in support of the bill.
➢ SB 894 passed its second committee by a vote of 6-0 on Tuesday.
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 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.
• SB 712 is on the Special Order Calendar for 02/15/2024.
➢ HB 103 remains on the Second Reading Calendar from 01/30/2024.
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.
• HB 503 did not move this week.
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.
Joint Resolution: Increasing Homestead Tax Exemptions: HJR 7015 A joint resolution to the constitution that
would propose an amendment to increase the maximum amount of the homestead exemption for all levies other
than school district levies, from the maximum amount of $25,000 to a maximum amount of $50,000 for homestead
properties with assessed value greater than $50,000.
Legislative staff analysts estimate that if voters approve the proposed constitutional amendment, the impact to non -
school local government property taxes in Fiscal Year 2025-26 (the first year of implementation) will be
approximately -$1.0 billion to -$1.1 billion, assuming current tax rates.
HJR 7015, filed as a committee bill, passed the House Ways and Means Committee 16 — 8 to move it forward as a
bill however has not moved through its committees to date.
Joint Resolution: Increasing Homestead Tax Exemptions: HJR 7017 A joint resolution to the constitution that
would propose an amendment requiring the $25,000 of assessed value, which is exempt from all ad valorem taxes
other than school district taxes, be adjusted annually for positive inflation growth. It would also apply to any future
homestead exemption applying only to ad valorem taxes, other than school district taxes, if approved by the voters,
and would begin on January 1, 2025.
The Revenue Estimating Conference (REC) estimated that if passed by the voters, the impact on non -school local
government property taxes in Fiscal Year (FY) 2025-26 (the first year of
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implementation) would be approximately -$22.8 million, growing to approximately -$111.8 million in
FY 2028-29, assuming current tax rates. (Source: page139-143.pdf (state.fl.us)
HJR 7017 has passed both committees and the full House, and will next be heard by the Senate. It was
received by the Senate on 02/06/2024 and referred to the Committee on Appropriations on 02/02/2024.
Other issues of note regarding tax exemptions:
> Joint resolutions are not subject to a veto by the Governor
> Both amendments to the Florida Constitution on the ballot are required to pass by 60% of the voters during the
2024 general election and would take effect January 1, 2025.
Complaints Against Law Enforcement Officers — SB 576 by Senator Ingoglia (HB 601 by Representative
Duggan)
A political subdivision may not adopt or attempt to enforce any ordinance relating to either:
• The receipt, processing, or investigation by any political subdivision of this state of complaints of misconduct
by law enforcement or correctional officers.
• Civilian oversight of law enforcement agencies' investigations of complaints of misconduct by law enforcement
or correctional officers.
Any civilian oversight that is currently practicing in a political subdivision would be prohibited from convening
after July 1, 2024, the bill's effective date.
On Tuesday, the bill was heard in the Senate Committee on Community Affairs. The sponsor filed amendment
barcode 485116 that would make the following change:
• Allows a county sheriff or the chief of a municipal police department to establish a civilian oversight board
to review the policies and procedures of the depaitnient and its subdivisions. Such a board must be
composed of at least 3 and up to 7 members appointed by the sheriff or chief, as applicable.
During questions, Senator Pizzo clarified that boards have no control or subpoena power over police, and stated
that he feels that local governments utilize these boards to absolve themselves of having to address concerns directly.
On Wednesday, HB 601 was heard in the House Judiciary Committee. During questions, Representative Arrington
asked if sheriffs and police chiefs would respectively have the authority to create comparable panels. The sponsor
answered that sheriffs would absolutely, while police chiefs may be on a more case -by -case basis. However, if a
police chief were to create an advisory board on their own, that may be outside the scope of the bill.
HB 601 passed out of its third committee by a vote of 16-3 on Wednesday.
SB 576 passed out of its second committee by a vote of 6-2 on Tuesday, it is now on the agenda for the
Committee on Rules for 02/14/2024 at 9:00 AM.
> SESSION DATES: January 9, 2024, through March 8, 2024.
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