Months before the Legislature opened its 2024 session, Tallahassee lawmakers extended by two years a law that bans Lee, Collier and other Southwest Florida counties and municipalities from adopting changes to comprehensive plans and land-development regulations.
The extension—part of a special legislative bill in November—limits planning efforts in Collier, Charlotte, Lee, Manatee, Sarasota and five other counties. The extension was written into HB 1C, which provides $416 million in recovery money for oyster farmers, cattle ranchers and lumber operations hurt when Hurricane Idalia came ashore at the panhandle in August.
The bill also adds $176.17 million to the My Safe Florida Home program, which provides up to $10,000 in matching grants to help homeowners reinforce roof-to-wall connections, upgrade roof coverings and strengthen windows and doors.
So far so good, but Section 15 of the bill extends for two years, from 2024 to 2026, a developer-friendly provision in last year’s Senate Bill 250 that prohibits local governments hit by Hurricane Ian from raising building fees or adopting “restrictive or burdensome” changes to comprehensive plans and land-development regulations.
Nor may those counties—nor any municipality within those counties—propose or adopt any moratorium on construction, reconstruction or redevelopment of any property damaged by Hurricane Ian.
Paul Owens, president of 1000 Friends of Florida, warned lawmakers that Section 15 prevents Lee and the other Gulf Coast counties from hardening buildings in areas prone to storm surge or flooding. Nor could those counties ban construction in the most dangerous areas. There was a year left on the ban; the new law would add two more years to it.
“It would prohibit [Lee and other counties] from adopting or even proposing more proactive measures to their comprehensive plans or land-development regulations for the next three years,” Owens told the House Fiscal Policy Committee in November. “We urge you to restore the same planning authority to local leaders in the 10 counties. Don’t withhold their ability to save their residents’ lives, protect vulnerable property and be good stewards of taxpayer dollars.”
Despite comments by Owens and other opponents, the bill passed the Senate on Nov. 8; the governor signed it Nov. 13.
Local government control
• HB 267 would require local governments to create a program to expedite approval of residential building permits. For instance, the bill would reduce the application approval process from 120 days to 9 days—barring incomplete applications that require more information from the applicant. Allows an application to be deemed approved if municipalities fail to meet any of the time frames. The Florida League of Cities opposes this bill.
• SB 500 reverts to local government the ability to regulate such recyclables as polystyrene products used as fast-food containers, plastic bags, wrappings and other items that are not biodegradable. Gulf Coast beach communities have passed laws requiring local restaurants and other businesses to serve biodegradable paper straws and cups, but at this point, state Department of Agriculture and Consumer Services rules preempt local governments in this matter.
• SB 386 requires local governments to reduce parking requirements necessary for development approval for “Live Local” developments where at least 75% of the residential units will be affordable for at least 30 years and the development is located within half a mile of a major transportation hub.
• HB 49 allows 16- and 17-year-olds to work the same number of hours as a person 18 years of age or older. It also prohibits local governments from adopting or enforcing curfews on minors that are more stringent than those listed within the bill.
• HB 473 filed by Rep. Mike Giallombardo (Lee County) would protect counties, municipalities, commercial entities and third-party agents from liability in the event of a cyberattack, provided they comply with designated cybersecurity standards.
• HB 57 would limit county commissioners to eight years in elected office “notwithstanding the terms of any county charter to the contrary.”
Property insurance reform
• SB 102 creates a Property Insurance Commission. Part of the Legislature’s ongoing efforts to reform the troubled Office of Insurance Regulation, the bill also calls for the election, rather than the appointment, of the insurance commissioner; bans property insurance carriers from claiming insolvency in Florida if they are active in another state; and other reforms.
• SB 178 creates a “non-adversarial” procedure for property insurance disputes. “There is a particular need for an informal, nonthreatening forum for helping parties to resolve claim disputes” between property owners and insurance companies, according to the bill’s authors.
Landlords and tenants
• HB 31 and SB 64 are virtually the same. Both bills limit rental increases to 30% and once a year. The bills would also authorize landlords to terminate rental agreement or bring action for noncompliance even if tenant provides partial payment of past-due rent.
• SB 38 This flood zone notification bill was filed by State Sen. Linda Stewart in response to the massive destruction to uninformed renters’ property during Hurricanes Ian and Nicole. The bill would require landlords to disclose in writing to a tenant whether the dwelling unit is located within a flood zone established by the Federal Emergency Management Agency.
Gulf coastline bills
• SB 32 would delegate mangrove protection to local governments; a local government, however, must demonstrate that it has sufficient resources and procedures for the adequate administration and enforcement of a mangrove-regulatory program.
• HB 163 would require local governments, as a condition to obtaining Department of Environmental Protection dredging and beach restoration permits, to notify adjacent local governments when they intend to conduct analysis for such projects. It provides fines for violations.
• SB 298 would authorize the DEP to provide Lee, Collier and other coastal counties with grants to fund saltwater intrusion vulnerability assessments. Seawater from the Gulf is entering wells that tap into the freshwater aquifer. Farmers can’t water crops with aquifer water that is saline, for instance.
Consumer protection
• SB 304 would prohibit house moving brokers from claiming to be actual movers without first registering with the state. The bill would require brokers to make specified disclosures before providing services.