February 11, 2022
Public Policy Update
Florida Gov. Ron DeSantis speaks to GARD attendees during Tuesday's Legislative Briefing.
Hello everyone. It was great seeing so many of you at Great American REALTOR® Days (GARD) this week. From our Open House on Monday to the press conference we held on Wednesday, it was a spectacular event filled with a lot of memorable moments.
Florida CFO Jimmy Patronis
One of the biggest moments however, was the appearance of not just one, but two very special guests during our Legislative Briefing on Tuesday morning. As noted in the pictures above, Governor Ron DeSantis and Chief Financial Officer Jimmy Patronis spoke that morning on a variety of topics. Their overall message? Florida is in great shape thanks in part to the continued efforts and successes of our members who continue to help Floridians achieve the dream of homeownership.
Florida Realtors® President Christina Pappas
We also held a press conference Wednesday morning in support of the Hometown Hero Housing Program that would be created if Senate Bill 788 becomes law. CFO Patronis joined the bill's sponsor, Sen. Ed Hooper, Florida Realtors® President Christina Pappas, and representatives from the firefighters and sheriffs associations to promote the bill. We also used this moment to publicly release a data analysis that was conducted by our research team showing the large gap between the salaries of many of Florida's hometown heroes and the average prices of homes in the areas where they work.
It really was a fantastic GARD event and I continue to be amazed by how involved and committed you all are to your profession.
________________________________________
Budget Process Underway
On Wednesday, appropriations committees in the House and Senate approved budget bills, setting them up for passage by the respective chambers and negotiations over the differences, known as budget conferencing.
The Senate Appropriations Committee unanimously okayed SB 2500 without extensive debate. Over 100 amendments were added through a consent process, also without debate. The House Appropriations Committee was more divided, voting 20-9 to approve the House budget proposal (HB 5001).
Both measures are now ready for floor debate and amendments. The budgets are just over $3 billion apart, with the House bill at $105.3 billion and the Senate plan proposing $108.6 billion in spending.
________________________________________
Important 2022 Session Information
As of today, 3,640 bills have been filed, with 980 coming from the Florida Senate and 2,660 from the Florida House. Of the bills filed, we are currently tracking 452 bills that could potentially relate to our members and/or the real estate industry.
2022 priority bills that saw action this week:
• Homestead Property Tax Exemption: Committee Substitute for House Joint Resolution 1 was heard in Local Administration & Veterans Affairs Subcommittee, where it passed unanimously. It now heads to the State Affairs Committee. This bill proposes an amendment to the State Constitution to authorize the legislature to grant an additional homestead property tax exemption on $50,000 of the assessed value of homestead property owned by specified critical public services workforce such as teachers, law enforcement officers and firefighters.
• Private Property Rights to Prune, Trim, and Remove Trees: House Bill 1555 was heard in the Local Administration & Veterans Affairs Subcommittee, where it passed unanimously. It now heads to the Judiciary Committee. This bill amends current law provisions that prohibit local governments from requiring permits for the removal of “dangerous” trees on residential property. Clarifying the statutory language is aimed at reducing litigation brought by local governments against residential property owners.
• Homestead Property Tax Assessment Limitations and Tax Exemptions for Certain Low-income Elderly Persons: House Joint Resolution 973 was heard in Local Administration & Veterans Affairs Subcommittee, where it passed unanimously. It now heads to the Ways & Means Committee. This bill proposes an amendment to the State Constitution to prohibit increases in assessed value of homestead property owned by low-income seniors and allow counties or municipalities to grant exemption equal to the assessed value of homestead property.
• Law Enforcement Officer, Benefits, Recruitment, and Training: House Bill 3 was heard in the Judiciary Committee, where it passed unanimously. It now heads to the House floor. This bill includes several measures designed to recruit and retain law enforcement officers such as revising salary minimums for county sheriffs, providing for adoption benefits for law enforcement officers and creating the Florida Law Enforcement Recruitment Bonus Payment Program.
• Construction Defect Claims: Committee Substitute for House Bill 583 was heard in the Regulatory Reform Subcommittee, where it passed by a vote of 11-5. It now heads to the Judiciary Committee. This bill sets forth time periods within which claims must be made based on deficiencies in construction or flaws in materials used during construction, known as construction defects. The bill clarifies that the four-year statute of limitations begins 45 days after the date of completion or abandonment, repealing the provision that allowed the time to begin on the date the defect was discovered or should have reasonably been discovered with due diligence.
• Improvements to Real Property: Committee Substitute for House Bill 101 was heard in the Ways & Means Committee, where it passed by a vote of 17-1. It now heads to the Commerce Committee. This bill adds several consumer protections relating the current PACE program.
• Private Property Rights to Prune, Trim, and Remove Trees: Committee Substitute for Senate Bill 518 was heard the Governmental Oversight and Accountability Committee, where it passed unanimously. It now heads to the Rules Committee. This bill amends current law provisions that prohibit local governments from requiring permits for the removal “dangerous” trees on residential property. Clarifying the statutory language is aimed at reducing litigation brought by local governments against residential property owners.
• Homestead Property Tax Exemptions: Senate Joint Resolution 1746 was heard in the Finance and Tax Committee, where it passed unanimously. It now heads to the Appropriations Committee. This bill proposes an amendment to the State Constitution to authorize the legislature to grant an additional homestead property tax exemption on $50,000 of the assessed value of homestead property owned by specified critical public services workforce such as teachers, law enforcement officers and firefighters.
• Ad Valorem Tax Abatement: Committee Substitute for Senate Bill 1610 was heard in the Finance and Tax Committee, where it passed unanimously. It now heads to the Appropriations Committee. This bill provides for the abatement of ad valorem taxes for residential improvements destroyed following certain events, among other things.
• Residential Development Projects for Affordable Housing: Committee Substitute for Senate Bill 962 was heard on the Senate floor, where it passed unanimously. It is now in Messages. This bill authorizes a county or municipality, regardless of zoning ordinances or the locality’s comprehensive plan, to approve the development of any residential development project, including a mixed-use residential development project, on any parcel zoned for commercial or industrial use if 10 percent of the project’s units are reserved for affordable housing.
• Construction Defect Claims: Committee Substitute for Senate Bill 736 was heard on the Senate floor and placed on third reading. Vote on final passage will be taken on Thursday, February 17th. This bill expands the existing right to cure procedures. Under the revised procedures a claimant must provide an inspection report with a notice of a construction defect claim, provide explanation in rejecting a settlement offer, and a contractor must be given an opportunity to make a supplemental offer when a settlement offer is rejected.
• Condominium and Cooperative Associations: House Bill 7069, a bill in response to the tragedy in Surfside was heard in the House Pandemics & Public Emergencies Committee, where it passed unanimously. This bill adds inspection reports and reserve studies to the types of records that constitute the official records of a condominium association; revises requirements for association budgets; requires that certain residential condominium buildings have inspections performed at specified times; requires associations to provide for the maintenance, repair, and replacement of association property.
• Consumer Data Privacy: Committee Substitute for House Bill 9 was heard in the Commerce Committee, where it passed unanimously. It now heads to the Judiciary Committee. This bill includes several measures concerning data privacy such as requiring collectors to provide notice to consumers about data collection, sharing, & selling practices, and providing consumers right to request data be disclosed, deleted, or corrected & to opt-in or opt-out of sale or sharing of such data.
• Environmental Resources: Senate Bill 2508 was heard in the Appropriations Committee, where it passed by a vote of 16-4. It now heads to the Senate Floor. This bill conforms statutes to funding decisions relating to environmental resources in the Senate Proposed General Appropriations Act for Fiscal Year 2022-2023. This bill authorizes the Department of Environmental Protection (DEP) to enter into agreements to expedite evaluation of Section 404 permits; requires the South Florida Water Management District to certify before the release of state funds that its recommendations to the Army Corps of Engineers in relation to the LOSOM project do not diminish water available to existing legal users; requires water shortages within the Lake Okeechobee Region to be managed pursuant to rules in effect January 1, 2022; among other things.
2022 priority bills and bills of interest that will be heard next week:
• Private Provider Inspections of Onsite Sewage Treatment and Disposal Systems: Committee Substitute for House Bill 309 will be heard in the Agriculture & Natural Resources Appropriations Subcommittee on Monday, February 14th at 4:00pm. This bill allows private inspections as an option for onsite sewage treatment and disposal systems (OSTDS) also known as septic systems, in addition to the inspections performed by public inspectors. It provides the qualifications a private inspector must meet to be the equivalent to that of public inspectors.
• Abatement of Taxes for Residential Dwellings Rendered Uninhabitable by Catastrophic Event: Proposed Committee Substitute for House Bill 71 will be heard in the Local Administration & Veterans Affairs Subcommittee on Monday, February 14th at 4:00pm. This bill provides an abatement to owners of residential properties rendered uninhabitable by a catastrophic event.
• 2022 Budget: The Appropriations Committee filed and published the General Appropriations Act (GAA) , the implementing bill, and conforming legislation, as amended, on Thursday February 10th. The GAA, implementing bills, and conforming legislation will be heard on the House floor Tuesday, February 15th at 2:30pm. The Senate Appropriations Bill, implementing bill , and conforming legislation will be heard on the Senate Floor Thursday, February 17th at 10:00am.
• Law Enforcement Officer, Benefits, Recruitment, and Training: House Bill 3 will heard on the House floor on Tuesday, February 15th at 2:30pm. This bill includes several measures designed to recruit and retain law enforcement officers such as revising salary minimums for county sheriffs, providing for adoption benefits for law enforcement officers and creating the Florida Law Enforcement Recruitment Bonus Payment Program.
• Construction Defect Claims: Committee Substitute for Senate Bill 736 will be heard on the Senate floor Thursday, February 17th at 2:30pm. This bill expands the existing right to cure procedures. Under the revised procedures a claimant must provide an inspection report with a notice of a construction defect claim, provide explanation in rejecting a settlement offer, and a contractor must be given an opportunity to make a supplemental offer when a settlement offer is rejected.
• Environmental Management: House Bill 965 will be heard in House Agriculture & Natural Resources Appropriations Subcommittee on Monday, February 14th at 4:00 p.m. This bill provides for changes made to the processing of environmental resource permits (ERPs) including the creation of water quality enhancement areas.
• Long-Term Cleanup of Water Bodies: House Bill 421 will be heard in House Agriculture & Natural Resources Appropriations Subcommittee on Monday, February 14th at 4:00 p.m. This bill directs DEP to procure innovative technology for cleaning up water bodies.
• Cleanup of Perluoroalkyl and Perluoroalkyl Substances: House Bill 1475 will be heard in the House Agriculture & Natural Resources Appropriations Subcommittee on Monday, February 14th at 4:00 p.m. This bill requires DEP to adopt rules for cleaning perfluoroalkyl and polyfluoroalkyl substances (PFAS) in soil and groundwater. These rules will need to be ratified by the Legislature to take effect.
General 2022 priority bills and bills of interest:
• Hometown Hero Housing Program: Senate Bill 788 is currently in its final committee, the Appropriations Committee. This bill creates the Florida Hometown Hero Housing Program which is being modeled after the Salute Our Soldiers military loan program that the Florida Housing Finance Corporation (FHFC) launched in 2020.
• Implementation of the Recommendations of the Blue-Green Algae Task Force: Senate Bill 832 and House Bill 561 provide for periodic inspections of OSTDS starting on July 1, 2025, once every 5 years. It allows for the Department of Environmental Protection adopt rules to implement the program over a 10-year period, prioritizing areas of the state with springs as a priority focus area.
• Sales Tax Refunds for Home Strengthening: Senate Bill 1250 and House Bill 863 provide a sales tax refund for building materials used to harden homes against natural disasters.
• Business Rent Tax: Senate Bill 1558 and House Bill 6093 would repeal the state law that currently levies a state sales tax on commercial leases.
• Homestead Property Tax Exemption: House Joint Resolution 1 and Senate Joint Resolution 1746 propose amendments to the State Constitution to authorize the legislature to grant an additional homestead property tax exemption on $50,000 of the assessed value of homestead property owned by specified critical public services workforce such as teachers, law enforcement officers and firefighters.
• Vacation Rentals: Senate Bill 512 and House Bill 325 would require advertising platforms to collect and remit taxes for certain transactions, expand registration requirements, and require advertisements to attest to certain information, among other things.
• Private Provider Inspection of Onsite Sewage Treatment and Disposal Systems: Senate Bill 856 and House Bill 309 allow private inspections as an option for onsite sewage treatment and disposal systems (OSTDS) also known as septic systems, in addition to the inspections performed by public inspectors. The bills provide the qualifications a private inspector must meet to be the equivalent to that of public inspectors.
• Inventories of Critical Wetlands: Senate Bill 882 and House Bill 761 require water management districts and local governments to develop a list of critical wetlands for acquisition using funds from the Land Acquisition Trust Fund.
• Consumer Data Privacy: House Bill 9 and Senate Bill 1864 include several measures concerning data privacy such as requiring collectors to provide notice to consumers about data collection, sharing, & selling practices, and providing consumers right to request data be disclosed, deleted, or corrected & to opt-in or opt-out of sale or sharing of such data.
• Homeowners' Associations: House Bill 1033 creates an appeal process for a person to challenge an HOA fine and suspension. It also creates an Office of the HOA Ombudsman in DBPR, The HOA Ombudsman is an attorney who is a neutral resource for parcel owners and HOAs.
• Fees in Lieu of Security Deposits: Senate Bill 884 and House Bill 537 provide for a landlord to offer a tenant the option to pay a fee in lieu of a security deposit, requires the landlord to provide certain written notice to the tenant, and requires a written agreement signed by the landlord, or the landlord’s agent, and the tenant.
• Residential Home Protection: Senate Bill 518 and House Bill 1555 allow for the removal of a tree without notice to a local government if the owner possesses written assessment from a certified arborist, etc.
• Resilience-related Advisory Committees: Senate Bill 690 and House Bill 691 allow for certain advisory committees with members in 4 or more counties and exceedingly far apart to conduct webinars instead of meeting in person.
• Condominium and Cooperative Associations: House Bill 7069 adds inspection reports and reserve studies to the types of records that constitute the official records of a condominium association; revises requirements for association budgets; requires that certain residential condominium buildings have inspections performed at specified times; requires associations to provide for the maintenance, repair, and replacement of association property.
• Environmental Resources: Senate Bill 2508 conforms statutes to funding decisions relating to environmental resources in the Senate Proposed General Appropriations Act for Fiscal Year 2022-2023. This bill authorizes the Department of Environmental Protection (DEP) to enter into agreements to expedite evaluation of certain permits; requires the South Florida Water Management District (district) to certify that its recommendations to the Army Corps of Engineers regarding Lake Okeechobee management do not diminish water available to existing legal users before state funds are released to the district; codifies rules related to the management of Lake Okeechobee water shortages; effective January 1, 2022.
• Community Association Building Safety: Senate Bill 7042 revises the types of records that constitute the official records of a condominium association; revises requirements for association budgets; requires that certain residential condominium buildings have milestone inspections performed at specified times; requires associations to provide for the maintenance, repair, and replacement of association property; and authorizes boards to adopt a special assessment or borrow money for certain reasons without unit owner approval, etc.
Important 2022 Legislative Session dates:
• March 11, 2022: Scheduled end of the 2022 Legislative Session
________________________________________
$64 Million Announced for Florida Mitigation Program
On Tuesday, Governor DeSantis
announced more than $64 million awarded to eight communities through the Florida Department of Economic Opportunity’s (DEO) Rebuild Florida Mitigation General Infrastructure Program. Projects include improving drainage and roadways in neighborhoods, hardening water systems, and stabilizing current water reservoirs to lower future risks of flooding.
The following communities will receive funding awards through the Rebuild Florida Mitigation General Infrastructure Program:
• City of Boynton Beach ($16,500,000) – to make drainage, utilities, and roadway improvements to mitigate recurrent flooding in the San Castle neighborhood.
• City of Eatonville ($5,986,105) – to harden the existing water system to provide critical supply during natural disasters.
• City of Fort Meade ($6,125,115) – to improve the water collection system to mitigate flood risk.
• City of Punta Gorda ($2,521,250) – to resolve flooding and improve water quality treatment in the Boca Grande neighborhood.
• City of St. Petersburg ($2,034,517) – to dredge Bartlett Lake to increase storage volume, improve water quality, and improve stormwater flow.
• Orange County ($2,726,000) – to harden the master pump station to increase reliability and resiliency to withstand extreme weather events.
• Pinellas County ($17,120,395) – to stabilize and widen the Joe’s Creek channel to lower flood risk and increase resilience throughout the watershed.
• Town of Lake Park ($11,067,635) – to retrofit the existing drainage system to mitigate recurrent flooding.
________________________________________
These, and many other topics can be found on Florida Realtors® website. Also, you can always reach out to us at publicpolicy@floridarealtors.org with any questions you may have. Stay safe and healthy everyone!
Sincerely,
Danielle Scoggins
Vice President of Public Policy
Florida Realtors®
________________________________________