January 26, 2024
Public Policy Update
Hello everyone. Today marks the end of week three of the 2024 legislative session and we already have budget work starting to begin. The House and Senate appropriations subcommittees have begun meeting and have published initial proposals for their respective areas.
I'm not going to summarize any of these proposals just yet because truthfully, these numbers are just placeholders and mostly help point us in the general direction of each chamber's major funding priorities. If you really want to check out some of the proposals yourself, you are welcome to do by visiting the Senate subcommittee and House subcommittee websites where you will find their most recent meeting packets with the proposals. But again, don't put much stock in the numbers as they can and will change significantly over the course of the budget process.
So, with the subcommittees completing their work, where do things go from here? Well, the next stop for each of these proposals is the appropriations committee for each chamber. They will take a look at each proposal and combine them into a budget to send to their respective chamber floor. Once an initial budget has been passed by each chamber, budget conferencing begins, and this is where you begin to see final budget numbers begin to take shape.
Once we get to that conferencing phase, I'll begin to provide some budgetary summaries for the areas that fall under our legislative priorities.
2024 Legislative Session
Below is the current list of bills that we are monitoring closely. Please note that we have added color coding to certain bills to indicate our current stance on them. The color code is as follows:
- Green = Florida Realtors supports the bill.
- Yellow = Florida Realtors is currently neutral on the bill but is working through some concerns with the bill sponsor(s).
- Red = Florida Realtors opposes the bill.
- No Color = Florida Realtors is watching the bill but has no stance or concerns with it.
Housing and Taxation
- Development (Live Local Act-related): SB 328 and HB 1239 prohibit cities and counties from restricting the floor area ratio as well as density for Live Local proposed developments. It also authorizes cities and counties to restrict the height of proposed developments under certain circumstances. It makes remedial and clarifying changes to property tax exemptions granted by the Live Local Act and appropriates $100 million to the Florida Housing Finance Corporation for the Hometown Heroes Program.
- Recent Actions: SB 328 passed its first stop, the Community Affairs committee, and is scheduled to be heard in its final committee, the Fiscal Policy Committee, on 1/31 at 9:00a.m. HB 1239 was referred to three committees and is waiting to be placed on agenda.
- My Safe Florida Home Program: HB 1263 revises provisions related to the My Safe Florida Home Program including intent, eligibility requirements, applications, home inspections, hurricane mitigation, and matching fund grants. It also provides an appropriation for $100 million to provide mitigation grants for the program and $7 million for administrative costs.
- Recent Actions: HB 1263 was referred to three committees and is waiting to be placed on agenda.
- My Safe Florida Home Program: SB 1208 and HB 1143 provide for home inspections for flood damage under the My Safe Florida Home Program and requires the Dept. of Financial Services (DFS) to contract with flood certification entities to provide mitigation inspections, along with other requirements for the program.
- Recent Actions: SB 1208 has been referred to Banking and Insurance, Appropriations Committee on Agriculture, Environment, and General Government, and Fiscal Policy. HB 1143 has been referred to the Insurance & Banking Subcommittee, State Administration & Technology Appropriations Subcommittee, and Commerce Committee.
- My Safe Florida Condominium Pilot Program: SB 1366 and HB 1029 establish the My Safe Florida Condominium Pilot Program within DFS and provides requirements for DFS to implement the program. It also establishes the eligibility for the pilot program.
- Recent Actions: SB 1366 has been referred to Banking and Insurance, Regulated Industries, and Appropriations. HB 1029 has been referred to Insurance & Banking Subcommittee, State Administration & Technology Appropriations Subcommittee, and Commerce Committee.
- My Safe Florida Home Program: SB 7028 specifies eligibility requirements for hurricane mitigation inspections under the program and authorizes an applicant to receive a home inspection for the program without being eligible for a grant or applying for a grant. It also revises the improvements for which grants may be used and provides an appropriation for $100 million to provide mitigation grants for the program and $7 million for administrative costs.
- Recent Actions: SB 7028 is a proposed committee bill out of the Banking and Insurance Committee and was heard on 1/16 where it passed unanimously. It has also been referred to Fiscal Policy.
- Local Business Taxes: HB 609 and SB 1144 repeal Florida Statute Chapter 205 in its entirety. Chapter 205 authorizes the Local Business Tax, which represents the taxes charged and the method by which a local government grants the privilege of engaging in or managing any business, profession, and occupation within its jurisdiction. Counties and municipalities may levy a business tax, and the tax proceeds are considered general revenue for the local government. This tax does not refer to any fees or licenses paid to any board, commission, or officer for permits, registration, examination, or inspection. To levy a business tax, the governing body must first give at least 14 days of public notice between the first and last reading of the resolution or ordinance by publishing a notice in a newspaper of general circulation within its jurisdiction. The public notice must contain the proposed classifications and rates applicable to the business tax. A number of other conditions for levy are imposed on counties and municipalities.
- Recent Actions: Both HB 609 and SB 1144 have received their committee assignments and are waiting to be placed on an agenda.
- Taxation: SB 890 and HB 835 exempt impact-resistant windows, impact-resistant doors, and impact-resistant garage doors from sales and use tax from July 1, 2024-June 30, 2026.
- Recent Actions: SB 890 passed its first stop, Commerce and Tourism, unanimously on 1/16 at 1:30. HB 835 has been referred to three committees and is waiting to be placed on agenda.
- Reduction of Assessed Value: SB 976 / 978 and HB 1511 / 1513 proposes an amendment to the State Constitution to allow counties to reduce the assessed value of a homestead property for the portions of such property used as living quarters for the property owner’s parent or grandparent who is 62 years of age or older. The bill would also remove current provisions limiting the exemption to increases in assessments resulting from construction or reconstruction of such living quarters and limiting the amount of such exemption.
- Recent actions: SB 976 and SB 978 were unanimously passed by the Community Affairs Committee on 1/22 and now head to their second committee. HB 1511 and HB 1513 were referred to three committees and are waiting to be placed on agenda.
- Affordable Housing Property Tax Exemptions for Accessory Dwelling Units: SB 1440 and HB 1299 amend the local option tax exemption for affordable housing to provide that, in addition to existing options for what properties may receive the exemption, cities and counties may exempt up to 100% of the assessed value of an ADU meeting certain affordable housing requirements.
- Recent Actions: SB 1440 passed its first stop, Community Affairs, unanimously on 1/16. HB 1299 was referred to three committees and is waiting to be placed on agenda.
- Disclosure of Estimated Ad Valorem Taxes: SB 380 and HB 295 require that online listings of residential property include an estimate of property taxes the purchaser would pay based on a formula developed by DOR. A listing platform must alternatively provide a link to the respective property appraiser’s website for a more detailed property tax estimate for the residential parcel. The bill further requires each property appraiser to provide DOR with information needed to provide the estimate. DOR must publish this information alongside a formula to calculate an estimate of ad valorem taxes annually.
- Recent Actions: SB 380 was referred to three committees and passed its first committee stop, Community Affairs, unanimously on 1/9 at 4:30 pm. HB 295 was reported favorable out of the Regulatory Reform & Economic Development Subcommittee and now heads to the Ways & Means Committee.
- Improvements to Real Property: SB 770 and HB 927 revise provisions concerning residential or commercial property owners in applying for qualifying improvement funding with local governments.
- Recent Actions: SB 770 unanimously passed the Community Affairs Committee on 1/22 and now heads to the Fiscal Policy Committee. HB 927 was referred to three committees and is waiting to be placed on agenda.
- Taxation: SB 1030 and HB 1001 authorize a county or school board to exclude rent or license fees from the discretionary sales surtax imposed, under certain conditions, upon other provisions.
- Recent Actions: SB 1030 was referred to three committees and passed its first stop, Community Affairs, unanimously on 1/16. HB 1001 was referred to two committees and is waiting to be placed on agenda.
- Homestead Exemption Increase: HB 7015 proposes an amendment to the State Constitution to increase the maximum amount of homestead exemption for all levies other than school district levies from a maximum amount of $25,000 to a maximum of $50,000 for homestead properties with an assessed value greater than $50,000.
- Recent Actions: HB 7015 was filed as a PCB and heard in the Ways and Means Committee on 1/8. It has also been referred to the State Affairs Committee.
- Annual Adjustment to Homestead Exemption Value and Exemption of Homesteads: HB 7017 and HB 7019 propose an amendment to the State Constitution requiring the $25,000 of assessed value which is exempt from all ad valorem taxes other than school district taxes be adjusted annually for inflation. It would also apply to the increase in the existing $25,000 assessed value amount which is exempt from all ad valorem taxes other than school district taxes in the constitutional amendment proposed by HB 7015, if that amendment is approved by voters.
- Recent Actions: HB 7017 and HB 7019 were reported favorable out of the State Affairs Committee and now head to the House floor where they have been placed on the special order calendar for 2/1.
Community Associations and Insurance
- Community Associations: HB 1021 and SB 1178 require an association managing a condominium with 25 or more units to post digital copies of official condominium documents on its website. These documents include things such as condominium bylaws, articles of incorporation, contracts/documents to which the association is a party, the annual budget, financial reports, building inspection reports, structural integrity reserve studies, etc.
- Recent Actions: HB 1021 has been assigned to its committees and is waiting to be placed on an agenda. SB 1178 unanimously passed its first committee, the Regulated Industries Committee, on 1/22, and now heads to its second of three committees, the Appropriations Committee on Agriculture, Environment, and General Government.
- Estoppel Certificates: SB 278 and HB 979 deal with estoppel certificates. SB 278 was amended to speed up the delivery of estoppel certificates from 10 to 5 days, lower the estoppel fee cap from $299 to $250, and require all monies for estoppel certificates received by a community association manager to be directed to the association itself. HB 979 has not yet been heard.
- Recent actions: SB 278 has been passed by the Senate. HB 979 has been assigned to three committees and is waiting to be placed on an agenda.
- Homeowners’ Associations Database: HB 595 and SB 942 requires the Department of Business and Professional Regulation to establish a searchable database which contains specified information regarding each homeowners' association in the state and also requires homeowners associations to notify the department of any changes to information listed in the database.
- Recent actions: HB 595 has received its three committee assignments and is waiting to be placed on its first agenda. SB 942 has received its three committee assignments and is waiting to be placed on its first agenda.
- HOA Disclosure Requirements for Prospective Purchasers: HB 627 and SB 1234 require prospective purchasers of a parcel subject to association membership to be provided with certain documents, in addition to disclosure summary, before executing contract. They also authorize prospective purchasers to cancel their contract within specified timeframe.
- Recent Actions: HB 627 has been referred to three committees and is waiting to be placed on an agenda. SB 1234 has been referred to three committees and is waiting to be placed on an agenda.
- Flood Disclosure in the Sale of Real Property: SB 484 and HB 1049 require a seller of real property to disclose in writing certain flood information to a prospective purchaser before executing a contract for the sale of the property.
- Recent Actions: SB 484 has received its three committee assignments and is waiting to be placed on an agenda. HB 1049 has received its three committee assignments and is waiting to be placed on an agenda.
Environment
- Department of Environmental Protection: HB 1557 and SB 1386 require the Department of Environmental Protection to conduct enforcement activities for violations of certain onsite sewage treatment and disposal system regulations in accordance with specified provisions and requires certain facilities and systems to include a domestic wastewater treatment plan as part of a basin management action plan for nutrient total maximum daily loads, among other things.
- Recent Actions: SB 1386 was referenced to three committees and passed the first stop, Environment and Natural Resources, on 1/17. HB 1557 was heard in this first stop water quality, Supply & Treatment Subcommittee and passed with several technical amendments on 1/24.
- Ratification of the Department of Environmental Protection’s Rules Relating to Stormwater: SB 7040 ratifies a specified rule relating to environmental resource permitting for the sole and exclusive purpose of satisfying any condition on effectiveness pursuant to s. 120.541(3), F.S., which requires ratification of any rule exceeding the specified thresholds for likely adverse impact or increase in regulatory costs; ratifying rule 62-330.010, Florida Administrative Code, with specified changes; requiring that specified future amendments to such rule be submitted in bill form to and approved by the Legislature, etc.
- Recent actions: SB 7040 was filed as a proposed committee bill and passed its first committee where it was introduced. The bill has now received to additional committee assignments. At this time the House has not filed the companion bill but it is expected to be filed soon.
Private Property Rights and Property Management
- Vacation Rentals: SB 280 and HB 1537 preempt the licensing of vacation rentals to the state but allows local governments to create a vacation rental registration program. The bill also would require advertising platforms to collect and remit taxes for certain transactions, limit local government registration requirements, cap local registration fees, allow local governments to revoke a registration under certain conditions, allows local governments to fine a vacation rental operator under certain conditions, and require advertisements to attest to certain information, among other things.
- Recent actions: SB 280 has passed its committees of reference and is now on the special order calendar on the senate floor. HB 1537 has received its three committee assignments and is waiting to be placed on an agenda.
- Residential Building Permits: HB 267 requires governing bodies to create a program to expedite the process for issuing residential building permits. The bill also provides requirements for governing bodies & applicants and authorizes applicants to use a private provider for certain reviews. Additionally, the bill authorizes governing bodies to issue a temporary parcel identification number and revises provisions relating to acquiring building permits for residential dwellings and reduces permit fees.
- Recent actions: HB 267 passed the first of three committees on 12/13 by a 9-6 vote in the House regulatory Reform & Economic Development Subcommittee. There are two related bills in the Senate, but they do not exactly line up with HB 267 at this point.
- Possession of Real Property/ Property Rights: HB 621 and SB 888 abolish the doctrine of adverse possession of real property; revises provisions concerning unlawful detention by transient occupant of residential property; prohibits knowingly & willfully presenting false document purporting to be valid lease agreement, deed, or other instrument conveying real property rights
- Recent actions: HB 621 is waiting to be placed on a committee agenda. SB 888 is the senate version, but the bills do not match up regarding the logistics of how and who will be removing the squatters if information cannot be supplied. The Senate bill is waiting to be placed on a committee agenda.
- Attorney Fees and Costs: SB 702 and HB 1167 require courts to award reasonable attorney fees and costs to prevailing defendants in civil litigation concerning property rights, if the improvements made by the defendant property owner were made in substantial compliance with, or in reliance on, environmental or regulatory approvals or permits issued by a political subdivision of the state or a state agency. For purposes of the bill, the term “property rights” includes, but is not limited to, use rights, ingress and egress rights, and those rights incident to land bordering upon navigable waters as described in the riparian rights statute.
- Recent Actions: SB 702 passed the first two committee references and is now waiting for a floor vote. HB 1167passed its first committee, the Civil Justice Subcommittee, on 1/25 by a 16 – 1 vote. It now heads to its second of three committees.
FL Ranked #1 State to Retire
Florida was recently ranked as the number one state to retire according to a study by WalletHub. The study also ranked Florida number one for quality of life for seniors among all 50 states.
WalletHub ranked Florida the top state to retire due to low taxes, health services available for seniors at an affordable price and the multitude of attractions available for seniors to enjoy. Wallethub also ranked Florida #4 for affordability for seniors, in comparison to other states. New York ranked #44 overall amongst best states to retire, with affordability ranking #50 for seniors. California ranked #17 overall, with affordability ranking #33 for seniors.
Additionally, Florida outpaced states such as Georgia, which ranked #30 overall, with affordability ranking #10 and Texas, which ranked #32 overall, with affordability ranking #25 for seniors.
Read the full announcement here.
EAA Reservoir Begins Filling
A ribbon cutting ceremony took place yesterday celebrating the filling of the first cell of the 6,500-acre Everglades Agricultural Area (EAA) Stormwater Treatment Area, which will store and clean water flowing from Lake Okeechobee before it is sent south. The two remaining cells will come online by this summer.
The EAA Reservoir is the crown jewel of Everglades restoration, and will help move water south which nourishes the Everglades, replenishes Florida’s aquifers and supports the Florida Bay. Additionally, the reservoir will help to reduce harmful discharges to the St. Lucie River, the Caloosahatchee River and the Lake Worth Lagoon.
You can read the governor’s announcement of this news here.
Please reach out to us at publicpolicy@floridarealtors.org with any questions you may have.
Sincerely,
Andy Gonzalez
Vice President of Public Policy
Florida Realtors®