Launch Pad

Public Policy Update

Hello everyone. This will be my last update for the 2024 session as next week’s update will come straight from your 2024 President, Gia Arvin, once the Florida Legislature drops the handkerchief and declares sine die. 

While the bulk of the good news regarding our session wins will be delivered in President Arvin’s final session report, I am excited to bring you all some very good news that happened this week regarding one of our biggest priorities this session. On Wednesday, the House took up and passed SB 328, which is the follow up bill to last year’s historic Live Local Act. This bill does a number of important things but most importantly, it calls for an additional $100 million for the Hometown Heroes Housing Program! The 2024 budget will still need to reflect this funding in it, but we are very optimistic that will happen.

Backing up a little bit to put this in context, if this bill is signed by the governor and the $100 million is indeed included in the budget, it will mean that we have been able to successfully work with lawmakers and the governor for the past three years to fund the Hometown Heroes Housing Program at an astounding $300 million. And that doesn’t even include the $30 million that the Florida Housing Finance Corporation put into the program themselves last year. To date, the program has already helped more than 14,000 Floridians buy their first home, and this extra funding will be able to help thousands more.

On top of this additional funding, the bill also builds on the policies in the Live Local Act to spur private investment in affordable rental housing, and it clarifies changes to local zoning, height and density regulations. The end result is that counties and cities now have the guidance they need to create more affordable housing options in their areas using the policies and strategies that were a part of the Live Local Act.

I know many of you are ecstatic about this news but are also probably wondering, where are the final budget numbers? Well, both chambers are currently in the budget conferencing process working to agree on final funding numbers for the various budget silos. Word on the street is that we should see those numbers this weekend which would set the Legislature up for the 72 hour cooling off period and a final budget vote the end of next week. 

It’s been a great session so far and we have a lot of our priorities lined up for a successful finish next week. So, please be on the lookout for President Arvin’s final session report email late next week that will contain a complete 2024 session breakdown.

2024 Legislative Session

Below is the current list of bills that we are monitoring closely. The color code for the bill list 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

• ADVOCACY WIN - 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: PASSED BY THE FLORIDA LEGISLATURE.
• My Safe Florida Home Program: SB 7028 and HB 1263 specify 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. They also revise the improvements for which grants may be used and provide an appropriation for $100 million to provide mitigation grants for the program and $7 million for administrative costs.  
• Recent Actions: SB 7028 was unanimously passed by the Senate. HB 1263 is currently on second reading on the House floor.
• My Safe Florida Condominium Pilot Program: SB 1366 and HB 1029 expand the My Safe Florida Home Program to include condominiums. This expansion would allocate $30 million to help condominiums within 15 miles of the coast harden roofs and openings against storms. 
• Recent Actions: SB 1366 is currently on second reading on the Senate floor. HB 1029 unanimously passed the House on 2/29 and has been sent over to the Senate.
• Florida House Tax Package: HB 7073, is the House’s version of the tax package. It decreases the business rent tax rate to 1.25% for one year. It also provides for several tax holidays and makes changes to sales tax law, among other things. The bill was amended on its last committee stop to also include a 1.75% deduction on insurance policies covering residential properties with a homestead exemption. PLEASE NOTE: The House and Senate tax packages will change as the two chambers meet in budget conference to work out their differences and develop a final, joint tax package.
• Recent Actions: HB 7073 was passed by the House today on an 88 - 17 vote.
• Florida Senate Tax Package: SB 7074, is the Senate’s version of the tax package. It includes the same tax holidays as the House tax package, a one-year exemption on taxes, fees and assessments for residential property insurance policyholders, and a one-year insurance premium tax exemption on flood insurance policies, among other things. PLEASE NOTE: The House and Senate tax packages will change as the two chambers meet in budget conference to work out their differences and develop a final, joint tax package. 
• Recent Actions: SB 7074 unanimously passed its final committee on 2/27 and now heads to the Senate floor.
• 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 is in its second of three committees waiting to be placed on the agenda. HB 295 is in its final committee, the Commerce Committee, waiting to be placed on the agenda.
• 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: HB 609 passed all of its committees and is on second reading on the House floor. The bill now provides a limitation on the amount of revenue a local government may receive from local business taxes and provides guidance and conforming changes. SB 1144 is waiting to be placed on an agenda. 
• 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 was passed by the Senate on a 38 – 2 vote. HB 927 has been placed on the House special order calendar for 3/1.
• 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 unanimously passed its second committee on 2/13 and now heads to its final committee, the Appropriations Committee. HB 1001 unanimously passed the House on 2/28 and has been sent to the Senate. The bill was substantially changed and no longer authorizes the local option sales tax on rental of commercial property. 
• 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 passed the House on 2/1 on an 86 to 29 vote. They were received by the Senate and referred to the Senate Appropriations Committee where they were passed on 2/22. They are now currently on second reading on the Senate floor.
• Tangible Personal Property Tax Exemption: HB 7075 and HB 7077 propose an amendment to the State Constitution requiring an increase in ad valorem tax exemption on assessed value of tangible personal property from twenty-five thousand dollars to fifty thousand dollars.
• Recent Actions: The bills passed the House on 2/29 on an 88 – 23 vote and have been sent to the Senate.

Community Associations/Insurance/Business Issues

• 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 condominium bylaws and rules, articles of incorporation, declaration of condominium, annual financial statements and budget, the FAQ sheet, building inspection reports, and reserve studies.  
• Recent Actions: HB 1021 passed the House and was sent to the Senate. SB 1178 unanimously passed its final committee and now heads to the Senate floor. 
• 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 prohibit other fees from being charged.
• Recent actions: SB 278 has been passed by the Senate. HB 979 is currently on second reading on the House floor. It was amended earlier in the process and is now different from the Senate version and is limited to pay at closing and no junk fees. The two chambers will need to reconcile the differences in the bills before final legislation can be passed. 
• Homeowners’ Associations: SB 7044 and HB 1243 involve changes to the laws governing homeowners’ associations (HOAs), including requiring HOAs with more than 100 parcels to provide homeowners with important governing documents. 
• Recent Actions: SB 7044 is currently on second reading on the House floor. HB 1243 is in its final committee waiting to be placed on the 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 at or before executing a contract for the sale of the property.  
• Recent Actions: Both bills have passed all of their committee assignments and are now on the special order calendar in their respective chambers.
• ADVOCACY WIN - Provision of Homeowners’ Association Rules and Covenants: HB 59 and SB 50 require homeowner associations to deliver copies of their rules and covenants to all members and new members.
• Recent Actions: PASSED BY THE FLORIDA LEGISLATURE.
• Interstate Mobility: In an effort to attract professions needed to keep up with Florida’s continued growth, SB 1600 and HB 1273 provide a truncated path to licensure for professionals in other states who would be regulated by the Department of Business and Professional Regulation in Florida. The contents of the previous companion to SB 1600, HB 1381, were added to HB 1273 in its last committee stop. HB 1273 also allows an applicant to request that a finding by a licensing board that the license in another jurisdiction insufficient for a Florida license be submitted to the secretary for review, who may issue the license in certain circumstances. 
• Recent Actions: SB 1600 is currently on second reading on the Senate floor. HB 1273 has been placed on the House special order calendar for today. 
• Department of Business and Professional Regulation: SB 1544 includes language in an otherwise wide-ranging DBPR bill that would repeal the requirement that real estate licensee applicants pass the state examination within two years of passing the prelicensure course. HB 1335 was previously identical to SB 1544 but has since been amended to not include the real estate licensee changes that are in the Senate bill.  
• Recent Actions: SB 1544 is currently on second reading on the Senate floor. HB 1335 was passed by the House on 2/22 by a 110 – 5 vote and has been sent over to the Senate. 

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: HB 1557 was unanimously passed by the House on 2/15. SB 1386 is currently on second reading on the Senate floor. 
• Ratification of the Department of Environmental Protection’s Rules Relating to Stormwater: SB 7040  and HB 7053,  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 unanimously passed by the Senate on 2/22. HB 7053 is currently on second reading on the House floor. 

Private Property Rights/Property Management/Other

• Possession of Real Property/ Property Rights: HB 621 and SB 888 address issues with squatters who attempt to illegally occupy private property. These bills aim to quickly restore possession of such property to the lawful owner by allowing the property owner or their authorized agent to request the immediate removal of unlawfully occupying persons from a residential dwelling. The property owner or authorized agent must submit a complaint to the sheriff of the county where the property is located if certain conditions are met. The sheriff must verify the requester's identity and serve a notice to vacate on the unlawful occupants and may assist in or stand by during removal process.
• Recent actions: HB 621 was unanimously passed by the House today. 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. SB 888 passed its final committee on 2/26 and now heads to the Senate floor. 
• 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, 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. The bills were both amended and are no longer identical but the overall intent of the bills remain the same.  
• Recent actions: SB 280 has been passed by the Senate and sent to the House. HB 1537 is waiting to be heard on the House floor.
• Residential Building Permits: HB 267 and SB 684 both deal with building regulations. 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. HB 267 has been amended twice, moving it further away from the language of SB 684.     
• Recent actions: HB 267 is currently on second reading on the House floor where it is set to be heard today. SB 684 unanimously passed its final committee on 2/26 and is ready for the Senate floor. 
• Attorney Fees and Costs: SB 702 and HB 1167 allow courts to award attorney fees and costs in legal matters involving private property-related disputes. Under the bills, the court must award reasonable attorney fees and costs to the prevailing defendant if the improvements made to the property by the defendant were done in substantial compliance with, or in reliance on, environmental or regulatory approvals or permits issued by a state agency or political subdivision. The bill defines the term property rights for this section of law to include, but not limited to, use rights, ingress and egress rights, and those rights incident to land bordering upon navigable waters.
• Recent Actions: SB 702 was unanimously passed by the Senate. HB 1167 is currently on second reading on the House floor.
• Expedited Approval of Residential Building Permits: HB 665 and SB 812 require certain governing bodies to create or update a program to expedite the process for issuing residential building permits, among other things.
• Recent actions: HB 665 is currently on second reading on the House floor. SB 812 unanimously passed the Senate on 2/28 and has been sent to the House.

NFIP/Government Shutdown Update

The National Flood Insurance Program (NFIP) will live on until March 22nd under a deal reached in Congress to prevent a partial government shutdown this weekend.

The deal, which was announced Wednesday afternoon, would give lawmakers more time to pass spending legislation before the federal government runs out of money. The new deadlines would be March 8th and March 22nd. Votes are expected this week.

Read this news article for the latest.

White House Announcement on Housing

On Thursday, Feb. 29, the White House announced its “New Actions to Boost Housing Supply and Lower Housing Costs,” aimed at creating more affordable homes and increasing transparency in rental housing. The administration will be bolstering existing programs, such as the HOME Investment Partnership Program grants, Federal Housing Administration and Federal Financing Bank risk-sharing, and the Section 202 Supportive Housing for the Elderly program, to add to and protect the existing supply of affordable housing. 

It is also creating a new funding grant from HUD with $225 million to support manufactured housing communities, offering expanded financing options to preserve their affordability, and increasing the FHA Title 1 loan limits for manufactured housing.

Read the full NAR article here.

NAR Comments on Association Health Plans Rule

On December 20, 2023, the U.S. Department of Labor (DOL) proposed to rescind the 2018 Association Health Plans (AHP) final regulations, which provided comprehensive, affordable health coverage options to small employers and self-employed individuals, including real estate professionals.

In a comment letter submitted on February 20, 2024, NAR expressed disappointment with the latest DOL proposal, and set the record straight that REALTOR® AHPs were just as comprehensive but more affordable than health plans under the Affordable Care Act. NAR urged the DOL to:

1. Update its workplace benefit policies to address the market evolution toward a gig economy, where workers increasingly choose the flexibility and freedom to work without a traditional employer; and
2. Adopt a proposal by the Coalition to Protect and Promote Association Health Plans to restore small business access to comprehensive, affordable health insurance through AHPs.

Read the full article 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®