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The Florida Legislature convened the 2024 Regular Session in Tallahassee on January 9 and adjourned on March 8. During those 60 days, lawmakers filed a total of 1,902 bills of which only 325 passed. Within the newly passed bills, several provide changes to land development and environmental practice areas, as well as to the rights of developers, homebuilders, and landowners.
Below are summaries of these important bills. For more information, please contact us.
Advertising Platforms Now Required to Collect and Remit Taxes for Vacation Rental Advertisements and Vacation Rentals Required to Register with Local Governments
Senate Bill 280 now requires advertising platforms to collect and remit taxes for listing vacation rentals that are owned, operated or managed by the advertising platform, as well as those that are solely listed to be advertised or rented but owned by others. Also, local governments may now create local ordinances requiring vacation rentals to be registered and obtain rental licenses to operate transient rentals within the local government jurisdictions. A temporary license may be issued while the registration application is pending. Failure to comply with the registration requirements may result in suspension and revocation of a rental license, as well as accrual of fines. These fines may become a lien on real property, other than homestead property. If signed by the Governor, this bill will take effect on July 1, 2024, except as otherwise expressly provided.
Local Governments Can Use a Mobility Plan as an Alternative Transportation Study and Impact Fees Must Be Allocated to County or Municipality When
No Interlocal Agreement Exists
House Bill 479 requires interlocal agreements when both counties and municipalities charge developers impact fees. If there is no interlocal agreement, then there must be an allocation between both the municipality and county for collecting and remitting those impact fees. If a local agreement adopts an alternative transportation system, holders of any transportation or road impact fee credits existing before the adoption of the alternative transportation system are entitled to the full benefit of the intensity and density prepaid by the credit balance as of the date the alternative transportation system was first established. If signed by the Governor, this bill will take effect on October 1, 2024.
Statutes Amended Requiring Continuing Education for HOA Managers,
Audited Financial Statements to be Available, and Items that Cannot be Precluded
by HOA Governing Documents
House Bill 1203 requires homeowners association (“HOA”) managers to attend at least one meeting (member or board) annually. HOA managers are required to have no more than 10 hours of continuing education to renew their license. Biannually, at least five hours must pertain specifically to HOA’s and three hours must relate to recordkeeping. Official records of HOA’s must be maintained for at least seven years and be available on the HOA’s website. Protected information included within the official records, such as records protected by lawyer-client privilege or personnel records of association management, must be redacted if it cannot be viewed by parcel owners. Members of an HOA may be charged with a misdemeanor or felony if they alter or destroy HOA accounting documents. HOA’s must comply with subpoenas and provide official records when requested. HOA’s must provide financial statements and those financial statements must be audited if the HOA has 1,000 or more parcels. Debit cards are prohibited to be used to pay for HOA items. Lawful parking on owner’s property cannot be precluded by the HOA. Also, HOA’s cannot preclude improvements to property when the improvements are out of sight from neighbors and community areas. HB 1203 also states requirements for providing notices relating to violations and fines. If the violations are cured before an official meeting, then no fines or suspensions may be levied. If signed by the Governor, this bill will take effect on July 1, 2024.
Missing Middle Ad Valorem Property Tax Program Amended under the
Live Local Act to Allow Some Local Taxing Authorities to Opt Out of the Program
As we previously reported, House Bill 7073 amended the “Missing Middle” ad valorem property tax exemption program to allow local taxing authorities to “opt out” of the program for qualifying units within the 80% of Area Median Income (“AMI”) and 120% AMI bracket if the local taxing authority is within a metropolitan statistical area with a surplus of affordable housing at the 80% AMI-120% AMI level per the University of Florida’s Shimberg Center for Housing Studies Annual Report. In order for the taxing authority to opt out, the governing body of the taxing authority must adopt an ordinance or resolution to opt out, which must be approved by a 2/3 vote. The opt out ordinance or resolution would take effect on the January 1 immediately succeeding the adoption and expires on the second January 1 after the January 1 in which the ordinance or resolution took effect. There is a grandfathering provision to grandfather units within multifamily projects that already received the exemption from the local property appraiser prior to the opt out ordinance or resolution. In addition to the opt out program, House Bill 7073 modified the number of units to qualify for the program if the project is within an area of critical state concern. These projects can qualify for the tax exemption program so long as the project contains more than 10 units dedicated to affordable housing meeting the 80% AMI or 120% AMI threshold. For projects outside of an area of critical state concern, the minimum set aside is still 71 units. House Bill 7073 also requires the local property appraiser to include the unit’s proportionate share of the residential common areas, including the land, that are fairly attributable to the unit. It also allows the local property appraiser to request additional information in order to process the application. The Governor signed HB 7073 on May 7, 2024. The opt out program will take effect on July 1, 2024, but all other changes are retroactive to January 1, 2024.
Live Local Act Land Use Administrative Approval Process Amended
Like Senate Bill 102 from the 2023 Legislative Session, Senate Bill 328 requires local governments to administratively approve multifamily and mixed use residential projects if 40% of the residential units are rental units restricted to affordable housing for at least 30 years. If the project is mixed use residential, SB 328 now prohibits local governments from restricting the floor area ratio (“FAR”) below 150% of the highest currently allowed FAR under the jurisdiction’s land development regulations. SB 328 also allows projects to have a mixture of for sale and rental units, so long as the required 40% of units restricted to affordable housing are rental. SB 328 modified the maximum height for projects adjacent to, on two or more sides, a parcel or parcels zoned for single-family residential use with at least 25 contiguous homes to 150% of the tallest building within ¼ mile of the proposed development or 3 stories, whichever is higher. Projects that are within ¼ mile of a military installation, within ¼ mile laterally from the runway edge and within an area that is the width of ¼ mile extended at right angles from the end of the runway for a distance of 10,000 feet of any existing airport runway or planned airport runway, or within an airport noise zone are prohibited from using the administrative approval process. Projects that may be adversely affected by the changes to SB 102 through SB 328 may be grandfathered under SB 102 if the applicant submits an application, written request, or notice of intent to submit an application pursuant to SB 102 prior to the effective date of SB 328. For a comprehensive review and analysis of the Live Local Act changes brought about by SB 328, please visit Stearns Weaver Miller’s article available here. The Governor signed SB 328 on May 16, 2024. This bill is effective upon signature.
Statutory Provisions for Special Districts Amended
House Bill 7013 makes several changes to Florida Statutory provisions for special districts. It prohibits the creation of new safe neighborhood improvement districts after July 1, 2024 and repeals a statutory provision that allowed special districts to convert to municipalities without the approval of the state legislature. It creates term limits of 12 years for members of the governing body of an independent special district. The bill requires that all special districts other than community development districts can only have their borders changed by a general law or special act. It allows special districts to be declared inactive if they have not reported revenue, debt, or expenditures for five years, but allows inactive districts to continue to pay debt. The bill requires special districts to establish goals and objectives as well as metrics for measuring the achievement of those goals. It requires fire control districts to report the completion of required trainings to the state fire marshal. The bill lowers the maximum millage that can be assessed by a special district to one mill per dollar with a possible increase to two mills per dollar if approved by referendum at a general election. The Governor signed HB 7013 on April 26, 2024. This bill will take effect on July 1, 2024.
Department of Environmental Protection’s Rules Relating to Stormwater Ratified
Senate Bill 7040 ratifies and makes changes to the Department of Environmental Protection’s (“DEP”) rules relating to stormwater. The DEP developed rules to increase the removal of nutrients from stormwater to protect the state’s waterways. These proposed rules were estimated to increase stormwater treatment costs by $1.21 billion within five years triggering the statutory requirement that the rules be ratified by the Legislature before becoming effective. The bill extends the timeframe for a permit application to be deemed complete from 12 months to 18 months after the effective date of the revised rules. It provides that entities implementing stormwater management best practices also regulated under other provisions of law are not subject to duplicate inspections. It allows alternative treatment standards for redevelopment projects in areas with impaired waters and provides that a stormwater management system is presumed to not violate state water quality standards if an applicant demonstrates its designs and plans meet performance standards and other requirements under the revised rules. The bill also clarifies that nothing in the revised rules eliminates any grandfathered provisions in existence prior to the effective date of the ratified rules and exempts certain projects approved prior to January 1, 2024 from the revised rules. If signed by the Governor, this bill will become effective upon signature.
Chapter 718, F.S. Amended to Include Recordkeeping,
Disclosure of Records Requirements and Requirements of Officers and
Directors of Condominium Associations
House Bill 1021 makes numerous changes to Chapter 718, Florida Statutes, regarding rules for Condominium Associations. The bill makes changes to recordkeeping and disclosure of records requirements including requiring associations of 25 or more units to make records available digitally by 2026 and allowing associations to meet disclosure requirements by making records available online or through a mobile application. It makes changes to surety bonding, education requirements, and criminal penalties for malfeasance of officers and directors. It requires that structural integrity reserve studies be completed by developers and be provided to the association when the developer hands over control, and to individual owners within 45 days of receipt. It also requires that the Division of Condominiums, Timeshares and Mobile Homes keep record of these studies and which associations have completed them starting in its annual report at the end of 2024. The bill broadens protections for owners against retaliation by the association, makes changes to the Condominium ombudsman program, adds a statute of repose to the statute of limitations, and makes changes and additions to the law regarding mixed-use condominium buildings. If signed by the Governor, this bill will take effect on July 1, 2024.
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