Dear Colleagues and Friends,

Last week, the Legislature held their fifth week of interim committee meetings. The Legislature also convened Special Session 2023B for the purpose of passing specific legislation. 

The following bills were passed during last week’s Special Session. Governor Ron DeSantis has received SB 2B, 4B and 6B from the Florida Legislature. The Governor has until February 25, 2023 to act on these bills. The remaining bills have not yet been presented.

• SB 2B Emergency Response – Appropriates $650 million in emergency funding for hurricane relief and creates a $50 million loan program for local governments impacted by Hurricanes Ian and Nicole last year.
• SB 4B Statewide Prosecutor – Delineates the election-related crimes over which the statewide prosecutor has concurrent jurisdiction with state attorneys to prosecute.
• SB 6B Transportation of Inspected Unauthorized Aliens – Creates the Unauthorized Alien Transport Program within the Division of Emergency Management to facilitate the transport of inspected unauthorized aliens within the United States.
• HB 7B Intercollegiate Athlete Compensation and Rights – Modifies provisions relating to intercollegiate athlete compensation and rights in Florida.
• Three local special district bills, including HB 9B that would rename the Reedy Creek Improvement District to the Central Florida Tourism Oversight District and allow the Governor to appoint board members that would take over the provision of local government services to Walt Disney World.

Below are some highlights from the past week of committee meetings: 

• Affordable Housing – Affordable housing bill, SB 102, backed by a Senate Leadership, was heard by the Senate Community Affairs Committee. While most of the testimony was positive for the changes it makes to Florida’s affordable housing strategy, there was concern with the ban on local governments' ability to use rent control during a housing emergency. The bill passed unanimously and heads next to Appropriations. For more detail on SB 102 please see the alert by our Affordable Housing group.
• Construction Defects – The House Regulatory Reform & Economic Development Subcommittee favorably reported HB 85. The bill would modify the time periods within which a construction defect cause of action must be brought. The bill would also limit the statutory Building Code violation cause of action to a “material” violation. The bill was reported favorably and will next be heard by the House Regulatory Reform and Economic Development Subcommittee. SB 360, the Senate companion, has not yet been referred to committee.
• Local Preemption – SB 170 was heard by the Senate Community Affairs Committee. The bill would require the governing body of a local government to prepare a business impact statement before enacting an ordinance. The bill also creates a cause of action for a business challenging a local ordinance on the grounds that it is arbitrary or unreasonable. A similar bill was passed by the Legislature last year but vetoed by Governor DeSantis. There is currently no companion measure in the House.
• Security Deposit Alternatives – HB 133 would create consumer protections for tenants who choose to pay a monthly fee instead of a security deposit. The bill passed the House Civil Justice Committee this week. A companion measure, SB 494, has been filed in the Senate.
• PIP Repeal Returns – SB 586 was filed which repeals Florida's no-fault insurance law and the Personal Injury Protection (PIP) insurance requirement. A similar bill was passed by the Legislature in 2021 but was ultimately vetoed by the Governor over concerns it would increase auto insurance rates, specifically for drivers carrying minimum coverage. An identical House version, HB 429, was also filed.
• Permitless Carry – HB 543 passed the House Constitutional Rights, Rule of Law & Government Operations Subcommittee. The bill removes the state’s concealed weapons permit requirement. The Senate has filed a similar measure, SB 150, which removes the concealed weapons permit requirement but also includes several provisions related to protecting schools from school shootings. 
• Surfside Legislation – The Senate Regulated Industries Committee held a workshop on SB 4D which passed last year. The bill created a milestone inspection program for condominiums and cooperative buildings three stories or higher, 30 years after initial occupancy as well as prohibited the waiver of reserves by associations. Invited industry experts told the committee that the law in its current form has many financial and compliance problems. The panel of experts agreed that SB 4D needs to be clarified. The law does not recognize the various forms of condominium ownership and takes a one size fits all approach. The panel also said that condominium owners need more time to comply with the new law requirements. SB 154 relating to condominiums and cooperative associations has been filed. The bill makes several changes to SB 4D. The bill does not have a House companion.

With Special Session 2023B adjourned, the Legislature will return for their sixth week of interim committee meetings on February 13th. 

I would be happy to speak with you about any of the issues above. For more information, please contact me.

Warmly,