HomeMy WebLinkAboutDocumentation_Workshop_Tab 04_8/4/2025 Agenda Item #4.
Workshop
STAFF MEMO x
Meeting: Workshop - Aug 04 2025
Staff Contact: Keith Davis, Village Attorney Department: Legal
Village Council Workshop Legislative Update
Update on the 2025 Legislative Session
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Teguesta Final Legislative Update Memo KWD FINAL
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Agenda Item #4.
DAVIS
NEASSOCIATLS, P.A.
Keith W. Davis,
Esq.
Florida Bar Board Certified Attorney in
City, County and Local Government Law
Email:
keith@davislawteam.com
MEMORANDUM
TO: Mayor and Village Councilmembers
Village Manager and Department Heads
FROM: Village Attorney Davis
DATE: July 3, 2025
RE: 2025 Legislative Session Summary - Final
Below is the final summary of bills passed by the Florida Legislature during the 2025
Legislative Session which may impact the Village in terms of its municipal code,
operations, policies, and procedures.
The regular legislative session was scheduled to end on May 2"d this year. However,
disagreements between lawmakers with tax cut issues and with passing a statewide
budget resulted in multiple extensions until the State budget was finally adopted,
coming in at two billion dollars less than last year's budget, and Sine Die was called late
in the evening on June 16th. The approved budget eliminates over two-thousand state
positions, creates several permanent tax holidays, and implements tax repeals. The
original budget earmarked one million dollars for a study on the consequences of
eliminating property taxes altogether on homesteaded properties by 2026; however, this
budget item was vetoed by the Governor who stated, "We know what needs to be done,
so let's just do it." It's very likely the topic will be revisited during next year's legislative
session. With the end to what many see as the most chaotic legislative session in
memory, many bills have died, and others were vetoed by the Governor. Vetoed bills do
not become law unless the veto is overridden by a 2/3 vote of each house of the Florida
Legislature during the next legislative session.
Our Memorandum categorizes this year's bill review as follows:
• Preemption, Home Rule & Government Liability Issues
• Building, Zoning & Land Development Issues
• Grants, Finance, Taxation & Procurement Issues
• Code Enforcement & Emergency Services Issues
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Agenda Item #4.
• Ethics & Public Records Issues
• Social & Political Issues
• Utilities Issues
• Florida DOGE
• Bills That Did Not Pass
I. Preemption, Home Rule, & Governmental Liability Issues
Construction Regulations /Artificial Turf: Effective July 1, 2025:
CS/CS/CS/HB 683 was approved by the Governor on June 16t", 2025, as Chapter No.
2025-140, Laws of Florida. This Bill creates a new local government preemption at
§125.572, F.S. Local governments will no longer be able to regulate the installation,
maintenance, or use of synthetic turf on single-family residential properties of 1 acre or
less in size. Instead, the Florida Department of Environmental Protection (FDEP) will be
required to establish requirements for artificial turf installation, maintenance, and use on
these sites. The Bill also creates § 218.755, F.S. Local governments must promptly
process contract change orders within 35 days of receipt. The Bill revises § 553.79,
F.S., to prohibit local governments from requiring copies of contracts and certain
associated documents for the issuance of building permits or as a requirement for the
submission of building permit applications. The Bill also revises § 553.791, F.S., to
update the conditions under which specified contractors may elect to use a private
provider for inspection services. The Bill also revises § 255.0992, F.S., to prohibit
municipalities from penalizing bidders on public works projects for performing a larger
volume of construction work for the state or municipality or rewarding such bidders for
performing smaller volume of construction work for the state or a municipality.
The Village will need to amend or repeal its existing artificial turf ordinance at Sec. 78-
396.5. Village Staff will also need to be aware of the changes in contracting and
permitting to ensure compliance.
Department of Agriculture and Consumer Services / EV Charging Station
Regulations / Fluoride Additive to Public Water Supply: Effective July 1, 2025:
CS/CS/CS/SB 700 was approved by the Governor on May 15t", 2025, as Chapter No.
2025-22, Laws of Florida. This Bill revises §366.94, F.S., to preempt regulation of
electric vehicle (EV) charging stations. It also expands the existing mosquito control
statute (§388.021, F.S.) to include municipal programs providing additional funding
between Florida Department of Agriculture and Consumer Services and local
governments. Also of note, this Bill prohibits the addition of fluoride into a public water
system.
Village Council and Staff should be aware of these changes; however, there is no
current local code regarding EV charging stations. The Utility Department should be
aware of the fluoride preemption..
Regulation of Presidential Libraries: Upon becoming law:
SB 118 was approved by the Governor on June 23rd, 2025, as Chapter No. 2025-170,
Laws of Florida. This Bill creates §257.51, F.S., which preempts to the state all
regulation of the establishment, maintenance, activities and operations of any
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presidential library within its jurisdiction and prohibits counties, municipalities, or other
political subdivisions from adopting or enforcing certain local ordinances, regulations,
rules, or policies regarding presidential libraries unless authorized by federal law.
Village Council and Staff will need to be aware of this preemption; however, no
additional action is needed unless the current President or a former President decides
to build their Presidential Library in the Village...
Beach Use: Effective Upon becoming law:
CS/SB 1622 was approved by the Governor on June 24t", 2025, as Chapter No. 2025-
178, Laws of Florida. This Bill repeals §163.035., F.S., which established procedures for
local governments to codify a "recreational customary use of beach property" code.
"Customary Use" is a common law doctrine which gives the public a right to use
portions of the dry sandy areas of privately-owned beaches. Repeal of the statute
means a return to the prior common law procedures wherein a governmental entity may
declare the existence of a "customary use" and adopt local customary use ordinances
without the need for a judicial pre-determination. If a private property owner wishes to
challenge such a declaration a suit may be filed in circuit court alleging the public does
not enjoy customary use under the common law on a case-by-case basis. The Bill also
declares the "mean high water line" to be the erosion control line in counties adjacent to
the Gulf of America having at least three municipalities and estimated population of less
than 275,000 and authorizes FDEP to begin beach restoration projects for those areas it
has designated as critically eroded.
Village Council and Staff should be aware of this change; however, no additional action
is needed.
E-Bikes: Age Restrictions and Training Programs:
CS/CS/CS/SB 462 was approved by the Governor on June 19t", 2025, as Chapter No.
2025-149, Laws of Florida. The Bill amends §316.2065, F.S., the "e-bike" statute," and
grants local governments the authority to set a local minimum age requirement for
operation of a-bikes as well as motorized scooters and "micromobility devices" within
their jurisdictions. The Bill also allows local governments to require operators to carry
government issued photographic identification. Finally, the Bill authorizes local
governments to provide training on safe operation of e-bikes, motorized scooters, and
"micromobility devices." Finally, the Bill redefines "micromobility device" as "a
motorized transportation device designed for individual use which is typically 20 to 36
inches in width and 50 pounds or less in weight and which operates at a speed of
typically less than 15 miles per hour but no more than 28 miles per hour. This term
includes both a human powered and a nonhuman-powered device such as a bicycle,
electric bicycle, motorized scooter, or any other device that is owned by an individual or
part of a shared fleet."
The Village may review its current codes on these devices and determine whether or
not to adopt new local regulations regarding age and identification, as well as the
provision of training for safe operation.
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Agenda Item #4.
II. Building, Zoning & Land Development Issues
Local Government Land Regulation / Quasi-Judicial Hearings, Processing, Notice:
Effective October 1, 2025:
CS/SB 1080 was approved by the Governor on June 251", 2025, as Chapter No. 2025-
177, Laws of Florida. This Bill revises §166.033, F.S. to prohibit municipalities from
limiting the number of quasi-judicial hearings or public hearings held each month if such
limitation causes any delay in the process for considering an application for approval of
a development permit or development order. The Bill also requires municipalities to
confirm receipt of an application for a development permit or order within 5 days. The
Bill revises several timeframes in §§125.022 and 166.033, F.S. related to the
processing of applications for approvals of development permits and development
orders and requires local governments to issue application refunds should they fail to
meet these timing requirements.
Village Council and Staff will need to be aware of these changes and update Village
Code as necessary to ensure conformance with these timeframe requirements.
Affordable Housing (LIVE LOCAL 3): Effective July 1, 2025:
CS/CS/SB 1730 was approved by the Governor on June 23,d, 2025, as Chapter No.
2025-172, Laws of Florida. This Bill revises §166.04151, F.S., to add "any flexibly zoned
area" permitted for commercial, industrial, or mixed-use (such as PUD's) into the list of
zoning categories in which a proposed live local development project may be
commenced. It also prohibits local governments from requiring more than 10% of the
total square footage of mixed-use residential projects to be used for non-residential
purposes. Under the Bill, local governments may not restrict the height of any proposed
projects to a height less than current height limits, or limits that were in place as of July
1, 2023, for buildings within one mile of the proposed project. The Bill requires local
governments, if requested, to reduce parking requirements for proposed projects by at
least 20% if the proposed project is located within 1/4 mile of a transit stop or 1/2 mile
from a major transit hub. The Bill further directs courts to give priority to civil actions filed
against local governments for violations of the Live Local Act and award attorney's fees
to the prevailing party in an amount not to exceed $200,000. The Bill also prohibits
municipalities from imposing moratoriums that have the effect of delaying the permitting
or construction of a proposed development project except as specified within the
statute. The Bill also authorizes a municipality to approve affordable housing on
property owned by religious institutions and requires local governments to waive 20% of
the impact fees associated with these projects.
Village Council and Staff will need to be aware of these changes and review existing
Village Code to assure conformance with the new legislation.
Platting: Effective July 1, 2025:
CS/CS/CS/SB 784 was approved by the Governor on June 20, 2025, as Chapter No.
2025-164, Laws of Florida. This Bill revises § 177.071, F.S., to require that plat or replat
submittals be reviewed and approved administratively if they otherwise comply with §
177.091, F.S. The Bill requires the local government to provide the applicant with written
notice acknowledging receipt of such an application and identifying any missing
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information within seven (7) business days. The Bill also requires the local government
to provide the applicant with information regarding the approval process, including a
timeline for reviewing. The final law changed a previous version by removing the
requirement for the appropriate agency to issue an address and parcel control number
within 20 days of plat recordation. The final law also shortened the written
acknowledgment requirement period from 10 days to 7 days.
Village Staff will need to review and revise Chapter 66 of the Village Code, as well as
internal policies and procedures, for conformance with the new law.
Certified Recovery Residences: Effective July 1, 2025:
CS/CS/CS/SB 954 was approved by the Governor on June 25, 2025, as Chapter No.
2025-182, Laws of Florida. This Bill revises § 397.487, F.S., to require local
governments by January 1, 2026 to adopt an ordinance establishing procedures for the
review and approval of certified recovery residences within its jurisdiction, including
procedures for approving reasonable accommodations. Local governments must
provide a written determination on an application within 60 days after receipt of a
completed application.
The Village will need to adopt the required ordinance.
Fire Prevention / Fire Alarms and Sprinkler Systems: Effective July 1, 2025:
CS/CS/HB 551 was approved by the Governor on June 3rd, 2025, as Chapter No. 2025-
115, Laws of Florida. This Bill revises 553.7932, F.S., to require a "local enforcement
agency" to issue a permit for alteration of fire alarm systems and fire sprinkler system
projects within 2 business days after submission of a completed application and
authorize a contractor to commence work immediately after submission of a completed
application. Any inspection required must also be carried out within 24 hours after such
an inspection is requested. If the local government fails to meet any deadline required in
the statute, the Bill requires the local government to reduce the permit fee by 10% for
each business day after such a failure. The Bill mandates "local enforcement agencies"
to establish a simplified permitting process that complies with the statute. Also, if the
local government adopts a local amendment that fails to adhere to the Florida Fire
Prevention Code's requirements, that local amendment is rescinded immediately and
any local fire marshal that fails to comply may be subjected to disciplinary action.
the Village Building Official should review Village Codes, policies, and practices and
offer suggested revisions to all of the above in conformance with the new statutory
requirements.
III. Grants, Finance, Taxation & Procurement Issues
Early Learning Providers: Effective July 1, 2025:
CS/SB 738 was approved by the Governor on June 25t", 2025, as Chapter No. 2025-
181, Laws of Florida. This Bill revises §170.201, F.S., to authorize municipalities to
exempt public and private preschools from certain special assessments levied by those
municipalities. The Bill also revises §402.3115, F.S., to add family day care homes and
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large family day care homes to the list of facilities requiring an abbreviated inspection
plan.
Village Council and Staff should be aware of these changes. The Community
Development Department should review its policies and practices in terms of
inspections of family day care homes and large family day care homes to ensure
compliance with inspection timelines.
Israeli Bonds: Effective July 1, 2025:
CS/CS/HB 669 was approved by the Governor on June 18t", 2025, as Chapter No.
2025-174, Laws of Florida. This Bill revises §218.415 F.S., to mandate that local
government investing policies do not prohibit a minimum bond rating for bonds when
considering financing options. This Bill applies only to those unrated bonds explicitly
authorized under §218.415(16)(f), F.S.
The Village's investment policy may need to be updated to reflect the new standard.
IV. Code Enforcement & Emergency Services Issues
Firefighter Health and Safety: Effective July 1, 2025:
CS/HB 929 was approved by the Governor on June 5t", 2025, as Chapter No. 2025-
124, Laws of Florida. This bill revises §633.508, F.S. to mandate that firefighter
employees are provided with notice that provided firefighting gear may contain chemical
hazards or toxic substances and requires that firefighter employees are provided with
chemical hazard free protective gear when readily available on the commercial market.
Employers with high rates of firefighter injuries, illnesses, or suicides will be subject to
inspections and required to develop corrective safety plans. Local governments can
face fines and penalties of up to $50,000 per violation for noncompliance with these
requirements. The bill also encourages firefighter employers to limit normally scheduled
shifts to no more than 42 hours per week.
Village Fire Chief should review policies and practices to determine compliance with
new statutory requirements.
Emergency Preparedness and Response: Effective Upon Becoming Law:
CS/CS/SB 180 was approved by the Governor on June 26t", 2025, as Chapter No.
2025-190, Laws of Florida. Of note, this comprehensive Bill provides that each county
listed in the Federal Disaster Declaration for Hurricane Debby (DR-4806), Hurricane
Helene (DR-4828), or Hurricane Milton (DR-4834), and each municipality within one of
those counties may not impose more restrictive or burdensome comprehensive plan
amendments, land development regulations, or procedures concerning review,
approval, or issuance of site plans, development permits, or development orders for the
period commencing August 1, 2024, through October 1, 2027. The Bill also bans local
moratoria on construction, reconstruction, or redevelopment of property damaged by a
hurricane during the same timeframe. Noably, these amendments apply retroactively
with any more restrictive actions or moratorium ordinance deemed null and void ab
initio. The Bill also revises §252.38., F.S., to require all political subdivisions to
designate a person as their emergency contact and to notify DEM of these designations
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by May 1St of each year. The Bill also adds a local government requirement to provide
online access to Substantial Damage/Substantial Improvement determination letters.
This Bill also requires local government emergency response contracts to include a
provision requiring a contractor to pay damages and a penalty for breach of contract.
Finally of note for local governments, the Bill replaces a provision from an earlier
version of a different bill related to municipal storm sewer inspections with requirements
for FDEP to report on, identify, and inspect infrastructure and locations at risk of flood.
Palm Beach County is listed as one of the designated counites within the Hurricane
Milton Disaster Declaration as a result of the Bill's passage the Village may not enact
more restrictive comprehensive plan amendments or development regulations prior to
October 1, 2027. The Village Council and Village Staff should be aware of these
changes and review policies and practices for compliance with new statutory
requirements.
V. Ethics & Public Records Issues
Public Records Exemption Identifying Information for Public Officers: Effective
July 1, 2025:
CS/CS/SB 268 was approved by the Governor on June 27t", 2025, as Chapter No.
2025-195, Laws of Florida. This Bill amends §119.071, F.S., to create a public records
exemption for the home addresses and telephone numbers of current congressional
members and public officers (including municipal elected officials) and their spouses
and adult children and the names, home addresses, telephone numbers, and dates of
birth of, and the names and locations of schools and day care facilities attended by the
minor children of such congressional members and public officers.
Village Staff should update the Village's Public Records Policy to include the new
exemption.
Ethics: Effective July 1, 2025:
CS/SB 348 was approved by the Governor on May 23rd, 2025, as Chapter No. 2025-85,
Laws of Florida. This Bill creates §112.3131, F.S., to prohibit candidates, elected public
officers, appointed public officers, and public employees from knowingly
misrepresenting their Armed Forces of the United States service records, awards, or
qualifications or wearing any uniform, medal, or insignia that they are not authorized to
wear and required the Attorney General to attempt to determine whether an individual
owing certain penalties is a current public officer or public employee.
Village Council and Staff should be aware of this change; however, no additional action
is needed.
VI. Social & Political Issues
Transportation: Effective upon adoption except as otherwise provided.
CS/CS/CS/SB 462 was approved by the Governor on June 19, 2025, as Chapter No.
2025-149, Laws of Florida. Of note to municipalities the Bill amends §316.20655, F.S.
authorizing municipalities to adopt certain ordinances and provide certain training
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related to the safe operation of electric bicycles, motorized scooters, and micromobility
devices. Specifically, the Bill authorizes municipalities to adopt an ordinance
establishing a minimum age requirement to operate electric bicycles, motorized
scooters or micromobility devices. The Bill also expressly authorizes municipalities to
provide training on the safe operation of these vehicles.
Village Council and Staff should be aware of these changes. Village Council may want
to direct statutorily compliant revisions to current Village Code and policies/practices.
State Land Management / State Park Preservation: Effective July 1, 2025:
CS/CS/HB 209 was approved by the Governor on May 23rd, 2025, as Chapter No.
2025-76, Laws of Florida. This Bill establishes section §253.034, F.S., the "State Park
Preservation Act" in response to the 2024 State of Florida Great Outdoors Initiative
which would have, among other things, placed golf courses and hotels inside certain
state parks (notably including Jonathan Dickinson State Park). The new law prohibits
installation of new golf courses, tennis or pickleball courts, and other sporting facilities,
as well as lodging establishments (Hotels) within state parks; however, campsites and
cabins that are compatible with the park's land management plan continue to be
allowed .
The Village Council and Staff should be aware of this change; however, no additional
action is needed.
VII. Utilities Issues
Utility Relocation: Effective October 1, 2025:
CS/HB 703 was approved by the Governor on June 6t", 2025, as Chapter No. 2025-
122, Laws of Florida. As originally introduced, this Bill would have amended § 337.403,
F.S., to mandate that in the event a local authority requires a communications provider
of broadband, cable, or video services to relocate a facility, the local authority would be
required to pay the entire expense for the relocation. During session the Bill was
amended to instead create a "Relocation Reimbursement Grant Program" within the
Department of Commerce to assist communication service providers with the cost of
relocating utilities when required by local governments. The money appropriated to this
new grant fund comes from the Local Government Half-cent Sales Tax Clearing Trust
Fund thereby reducing the available revenue to be distributed to local governments and
municipalities in that fund.
The Village Council and Staff should be aware of this change; however, no additional
action is needed.
Utility Service Restrictions: Effective July 1, 2025:
CS/HB 1137 was approved by the Governor on May 19t", 2025, as Chapter No. 2025-
42, Laws of Florida. This Bill revises §366.032, F.S. to adds "local government
authorities" (municipalities) to the list of utility providers who are restricted from
regulating the types of fuel sources used for energy production within the municipality.
The Bill also prohibits the Florida Building Commission or State Fire Marshall from
adopting into the Florida Building Code or Florida Fire Prevention Code any provision
that prohibits or requires, or has the effect of prohibiting or requiring, the installation of
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multiple types or fuel sources of energy production which may be used, delivered,
converted, or supplied by the specified entities for powering appliances. This Bill
prevents the prohibition of natural gas appliances by municipalities and through building
code and fire code language.
The Village Council and Staff should be aware of these changes; however, no additional
action is needed.
Vill. Florida DOGE
EOG DOGE: Effective July 1, 2025:
On February 24, 2025, Governor DeSantis signed Executive Order 25-44 (EO 25-44)
establishing within the Office of Policy and Budget under the Executive Office of the
Governor an "EOG DOGE Team". Under EO 25-44, the EOG DOGE Team's
responsibility includes "using publicly available data to identify and report unnecessary
spending within county and municipal governments" and to "recommend legislative
reforms to promote efficiency, maximize productivity, and eliminate waste in state and
local government."
On June 30, 2025, the Governor signed into law SB 2502 as Chapter No. 2025-199,
Laws of Florida. This is the Bill implementing the 2025-2026 General Appropriations
Act. Section 124 of the new law specifically grants authority to the Office of Policy and
Budget within the Executive Office of the Governor (Florida DOGE) to: (1) conduct a
review of the functions, procedures, and policies currently in effect for any local
governmental entity and any expenditures by such bodies pertaining to local fiscal years
ending on September 30, 2024, and September 30, 2025, to identify any use of
resources that supported diversity, equity, and inclusion initiatives inconsistent with law;
evidence of potential gross overspending, waste, fraud, abuse, or mismanagement of
resources; and duplicative or redundant government functions. The new law reiterates
the mandate of EO 25-44 that such data requests by DOGE are to be public records
requests enforceable under Chapter 119, F.S. The new law also requires any local
government which received state funding during the current or prior fiscal year to
provide access to FL DOGE to responsive personnel, data systems, and physical
premises within seven (7) days after the request and contains penalty language
subjecting local governments that do not comply with these requirements to fines of up
to $1,000 per day for each day of noncompliance.
On July 11, 2025, City, Village and Town Managers across the state received an email
from Eric Soskin, the Florida EOG DOGE team lead, requesting local governments to
complete and return information related to population, revenue, and expenditures for
various municipal services and departments.
IX. Bills That Did Not Pass
• HB 517/SB 79 - Public Records/Municipal Clerks: The legislation would have
created a new public records exemption for the home addresses, telephone
numbers, dates of birth, & photographs of municipal clerks & their staff, names,
home addresses, telephone numbers, dates of birth, & places of employment of
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spouses & children of municipal clerks & their staff, & names & locations of
schools & day care facilities attended by children of municipal clerks & their staff.
• SB 1416 — Election Dates for Municipal Office: The legislation would have
required that elections for municipal offices be held on the same date as the
general election; preempted to the state the authority to establish election dates
for municipal elections; required that municipal recall elections be held
concurrently with municipal elections under certain conditions; and repealed
provisions relating to change of dates for cause in municipal elections.
• HB 503 — Local Business Taxes: This legislation would have revised provisions
related to local business taxes including conditions imposed on taxing authorities
governing levies, modification of ordinances, reclassification of businesses,
prohibitions on revenues over a specified value, and audits.
• SB 852 — Study on the Elimination of Property Taxes: This legislation would have
directed the Office of Economic and Demographic Research to conduct a study
to establish a framework to completely eliminate property taxes in Florida, and to
replace property tax revenues through budget reductions, sales-based
consumption taxes, and locally determined consumption taxes to be authorized
by the Legislature.
• HB 787 / SB 996 — Revenue from Ad Valorem Taxes: This legislation would have
repealed the ability to adopt a millage rate up to or over 110% of the current
millage rate, making the absolute maximum millage rate permitted to be levied
102% under all circumstances.
• SB 1308 — Ad Valorem Tax: This legislation would have created a mechanism
whereby a county or a municipality could, by ordinance, establish an ad valorem
tax rebate program for property owners in a designated areas where the county
or municipality has determined that such a rebate is necessary for the health,
safety, and welfare of its residents.
• CS/HB 301 / SB 1570 - Suits Against the Government (Sovereign Immunity
Waiver):
This legislation would have revised §768.28(5)(a), F.S. to increase the statutory
limits on liability for tort claims against the state, its agencies and subdivisions,
and municipalities. The current limits are $200,000 per person and $300,000 per
incident. This Bill sought to raise the limits to $1 million per person and $3 million
per incident for the first 5 years after becoming effective. After 5 years, the limits
would have increased further to $1.1 million and $3.2 million, respectively.
• CS/HB 569 / SB 1188 - Construction and Facilities:
CS/HB 569 / SB 1188 would have revised §163.3180, F.S. to clarify that a
charter school is to be considered a public facility. The Bill also would have
revised §163.31801, F.S., to require developers to offset payment of education
facility impact fees on a dollar-for-dollar basis through improvements or
contributions to charter schools or school districts within three miles of their
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developments. Additionally, the Bill would have preempted local government
from enforcing vehicle stacking regulations that limit traffic during drop-off and
pick up times if such enforcement would restrict a school's enrollment capacity.
Finally, the Bill would have amended § 1002.33.,F.S., to prohibit local
governments from requiring proposed charter schools to obtain a special
exemption or conditional use approval.
• CS/CS/HB 991 / CS/SB 1242 - Community Redevelopment Agencies:
CS/CS/HB 991 / CS/SB 1242 sought to eliminate all Community Redevelopment
Agencies (CRAs). The House Bill would have terminated all CRAs this year; the
Senate Bill was significantly softened to allow existing CRAs to continue but
would have stopped the creation of new CRAs.
• CS/HB 665 / CS/SB 482 - Local Government Impact Fees /Art in Public Places:
CS/HB 665 / CS/SB 482 would have revised §166.033, F.S. to prohibit local
governments from requiring the installation of art or including any art-related
costs as a condition for approving a development application or processing and
issuing development permits. The Bill also would have revised §163.31801, F.S.,
to modify the definition of "extraordinary circumstances." Under current law, local
governments may not raise impact fees by more than 50% over a 4-year period
without completing an "extraordinary circumstances" study to justify the higher
rate. The proposed definition would have been much more stringent, excluding
certain circumstances entirely and requiring local governments to make specific
findings relating to population increases, development increases, employment
base increases, or vehicle road usage increases.
• CS/HB 7033 — Live Local Taxation Exemption: Effective July 1, 2025:
CS/HB 7033 This Bill would have amended several facets of the existing Florida
Tax code. Of note to the Live Local Act the Bill would have repealed the "opt out"
provisions of the existing section 196.1978 Live Local property tax exemption.
Enacted in 2024 with eligibility for the 2025 tax roll the existing provision grants
property tax exemptions to newly constructed multifamily developments with
more than 70 affordable units for households up to 120 percent Area Median
Income (AMI).The 2024 "opt out" provisions allow local taxing authorities to opt-
out from providing the 75 percent property tax exemption in their jurisdiction to
those units that fall within the 80-120 percent AMI affordability threshold. To be
eligible the taxing authority must be located in a county in which the number of
affordable and available units for households at or below 120 percent AMI is
greater than the number of households at that income level, as determined by
the most recent Shimberg Center for Housing Studies Annual Report and must
adopt an ordinance or resolution to "opt out" from providing the exemption by a
two-thirds majority vote.
Note: The existing language in §196.1978 provides that taxing authorities may
opt out of the exemption if the most recently published Shimberg Center for
Housing Studies Annual Report concludes that affordable and available units in
the area exceed the amount of 0-120 AMI renter households in the same area.
The most recent Shimberg Annual Housing Report (2024) notes a substantial
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deficit in available affordable units within Palm Beach County for this reason the
Village would be unable to utilize this state law provision.
• CS/CS/CS/HB 247 /CS/CS/CS/SB 184 Accessory Dwelling Units:
CS/CS/CS/HB 247 /CS/CS/CS/SB 184 would have revised §163.31771, F.S. to
require municipalities to adopt an ordinance by December 1, 2025, to allow
accessory dwelling units (ADU's) by-right in any area zoned for single-family
residential use, and to allow them to be used as rental units. The Bill would have
also required ADU's to be assessed separately for ad valorem tax purposes if the
primary residence is a homesteaded property.
• CS/HB 1035 / CS/SB 1128 - Building Permits for Single-Family Residences:
CS/HB 1035 / CS/SB 1128 would have amended §553.79, F.S. to extend the
duration period for building permits for single-family residences so that they could
not expire before the effective date of the next edition of the Florida Building
Code, which is updated every 3 years. The Bill also would have specified that a
permit application for the construction of a single-family residence in a jurisdiction
for which a state of emergency was issued within 24 months before the
application and which is signed and sealed by a licensed architect or engineer
certifying that the plans comply with the Florida Building Code is deemed
approved. Further, the Bill would have required local governments to issue the
permit within 2 days of the approval. The Bill would have indemnified local
governments from any liability arising from the automatic approval process and
clarified that zoning regulations may still be enforced against the dwelling.
• CS/HB 1071 / CS/CS/SB 1134 - Alternative Plan Reviews and Inspections:
CS/HB 1071 / CS/CS/SB 1134 would have revised §553.791, F.S. to amend the
definition of "single trade inspections" to add solar energy installation within the
scope covered within the private provider statute. The Bill also would have
required the building official to issue requested permits for single-trade plan
reviews for single-family or two-family dwellings no more than 2 days after receipt
of the application.
• CS/HB 203 / SB 1074 Transportation Concurrence
CS/HB 203 / SB 1074 would have revised §163.3180, F.S. to modify
requirements for comprehensive local government plans. Under existing law, the
capital improvement element of the Comprehensive Plan must identify the
facilities needed to achieve adopted levels of service within a 5-year period. This
Bill would have added the phrase "or to maintain current levels of service" to the
requirement.
• CS/HB 1609/SB 1008 Waste Incineration:
CS/HB 1609/SB 1008 would have revised §403.706, F.S. to prohibit local
governments from issuing construction permits for new waste-to-energy facilities
or solid waste facilities that utilize an ash-producing incinerator if the proposed
location is sited within a 1/2 radius of any residential property, commercial
property, or school.
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Agenda Item #4.
• CS/CS/HB 1221 / CS/CS/SB 1664 Local Option Taxes:
CS/CS/HB 1221 / CS/CS/SB 1664 would have revised §125.0104, F.S. to require
voter approval via referendum to adopt or renew local option taxes and surtaxes
instead of adoption via ordinance. The Bill also would have required that
beginning with FY 2026-27, each county shall reduce its ad valorem tax levy by
the amount of revenue received by the county from the taxes imposed under this
section. The Bill also would have revised §215.055, F.S., to provide a process for
reduction or repeal of discretionary sales surtax by a governing board.
• HB 5009 - Government Administration / Oversight:
HB 5009 would have revised §11.40, F.S. to significantly strengthen and
increase the Legislature's authority to investigate the operations, performance,
and financial management of all governmental entities in the state. It proposed to
consolidate existing audit and oversight agencies into a single Florida
Accountability Office (FAO). The Bill also would have created §11.406, F.S. to
establish the Public Integrity Division which would have been granted broad
investigatory powers over state and local agencies and any entities receiving
public funds including subpoena powers. Beginning with FY 2026-27, local
governments would have been subject to investigation and audit by the FAO.
• CS/CS/CS/HB 577 / CS/CS/SB 872 Removal, Storage and Cleanup of Electric
Vehicles:
This legislation would have revised §166.043, F.S. to require counties, and allow
municipalities, to establish a maximum daily administration fee for the towing and
storage of electric vehicles and be no more than three times the rate a wrecker
charges for other accident clean-up and towing.
• CS/SB 110 - Rural Communities:
CS/SB 110 would have required the state land planning agency to give
preference for technical assistance funding to local governments located in a
rural area of opportunity; authorize eligible counties to receive a distribution of
sales and use tax revenue; create the Office of Rural Prosperity within the
Department of Commerce; create the Public Infrastructure Smart Technology
Grant Program within the Office of Rural Prosperity; would require (not just
authorize) certain funds received from the State Transportation Trust Fund be
used for the Small County Road Assistance Program; would require the
department to give priority to counties located either wholly or partially within the
Everglades Agricultural Area and which request a specified percentage of project
costs for eligible projects. Of note to municipalities, the Bill also would have done
the following in relation to building permits:
Prohibited local governments from requiring building permits for certain projects
on single-family parcels, such as for playgrounds, fences, or irrigation systems,
and for any project costing less than $7,500, excluding electrical, plumbing, and
structural work.
Page 162 of 164
Agenda Item #4.
Prohibited local governments from denying the issuance of a building permit to
repair single-family residential structures damaged by a natural disaster if such
work is completed within 1 year of the disaster and does not cost more than 50%
of the value of the structure or alter the footprint of the structure.
o Required the Department of Business and Professional Regulation to
recommend a uniform permit application form and a uniform process for
video inspections.
In addition, certain CRA related impacts remain in this bill:
o The Bill would have prohibited the creation of new CRAs on or after July 1,
2025, and require existing CRAs to terminate on the earlier of the date
provided in the CRAs charter or on September 30, 2045, whichever date
is earlier, with no allowable extensions.
• CS/CS/SB 140 - Municipal Charter Schools:
CS/CS/SB 140 would have amended §1002.33, F.S. to allow municipalities,
under certain circumstances, to create a charter school that may be designated a
`job engine charter school' for the purpose of attracting job-producing entities to
the municipality.
• CS/CS/HJR 1257 / CS/SJR 1510 would have been a ballot question for voters to
approve certain additional homestead exemptions for "first time" homeowners,
and for certain long term leases. The joint resolutions did not receive sufficient
legislative support to move on to a ballot.
• HJR 357 would have been a ballot question for voters to approve additional
property tax exemptions in the amount of $100,000.00 applicable to all real
property, extending beyond existing homestead exemptions. The joint resolutions
did not receive sufficient legislative support to move on to a ballot.
• SJR 1016 would have been a ballot question for voters to approve an increase in
the homestead exemption from $25,000 to $75,000, for all levies, with annual
adjustments for inflation. The joint resolutions did not receive sufficient legislative
support to move on to a ballot.
• CS/HB 1445 -Public Officers & Employees:
This Bill would have created §20.70, F.S., to clarify that certain listed public
officials must be residents and citizens of the United States in order to hold
office. The Bill also would have revised § 112.31251, F.S., to define "office" for
purposes of the Florida Constitution's dual office-holding prohibition, which was
previously undefined, and includes a non-exhaustive list of which positions are
considered "offices" for that purpose.
NOTE — the original version of this Bill included the position of municipal attorney
in the list of "office" examples. Had this remained it would have had serious
negative impacts on mine as well as many other municipal attorneys who
represent more than one municipality. In this case, the Florida League of Cities
and Florida Municipal Attorney's Association staff and membership engaged in
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Agenda Item #4.
an immediate proactive campaign and the municipal attorney line item was
stricken from the Bill.
Although the modified version of this Bill passed the Legislature, it was vetoed by
the Governor on July 1, 2025.
These bills will be closely monitored during the 2026 Legislative Session should they re-
emerge.
Copies of the bills referenced above are available from my office on request.
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