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Palm Beach County State Legislative Update
Week of April 14
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HB 209, State Land Management
HB 209 by Palm Beach County Delegation member Representative John Snyder was unanimously approved by the Florida House. The bill would prohibit the addition of large-scale amenities, like golf courses and hotels, to Florida’s state parks and conservation lands. The legislation comes in response to public outcry over a previously undisclosed plan by DeSantis administration officials to introduce such developments, including pickleball courts, at multiple parks. The legislation also mandates that any proposed changes to conservation lands be made public at least 30 days before a hearing, promoting transparency. An amendment removed a requirement for "substantial harm" to block developments, strengthening the bill’s conservation focus. The bill must be passed by the Senate before it can be sent to the Governor for his consideration. The Senate companion bill, SB 80, passed in its second committee this week.
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HB 301, Sovereign Immunity
Passing the Florida House, HB 301 raises the amount individuals can recover when suing government entities. The bill would raise the cap from $200,000 to $500,000 for individual claims and from $300,000 to $1 million for multiple claims arising from the same incident. Beginning in late 2030, those caps would increase to $600,000 per person and $1.1 million per incident. It would also allow local governments to settle certain claims above the cap without needing separate legislative approval. The Senate version of the bill has not yet been heard, but the Senate can waive the rules and take up HB 301 for consideration if they choose to do so.
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HB 481, Anchoring Limitations
HB 481 was unanimously passed by the House on Wednesday and creates a new exception from the general prohibition against local governments enacting or enforcing regulations related to the anchoring of vessels outside the marked boundaries of mooring fields. Specifically, in counties with populations of 1.5 million or greater, the bill allows the regulation of any vessel that is anchored for a period of at least one hour any time between one-half hour after sunset and one-half hour before sunrise within the jurisdiction of the county for more than 30 days in a six-month period. This time limit does not include any time the vessel is anchored overnight within the boundaries of a marked mooring field or any time the vessel is anchored for the purpose of completing permitted marine construction, installation, or maintenance work. The bill was sent to the Senate in messages, where it was then referred to the Rules Committee. It is now on the agenda to be considered next week.
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House Tax Package Released
In addition to legislation disucssed earlier this month cutting Florida’s sales tax rate by .75%, the House of Representatives considered a proposed committee bill (WMC2) with additional tax relief measures included. The House Tax Package would grant a complete statewide sales tax exemption on gold, silver, platinum sold in a single transaction below $500. Regarding tourist development taxes (TDTs), the bill revises them in two ways. First, certain coastal counties would be allowed to use TDT revenues to fund certified beach lifeguards and second, fiscally constrained counties would be able to use revenues from a TDT for certain capital improvements.
The proposal also revises certain Value Adjustment Board procedures regarding evidence exchange and filing fees and allows VAB hearings to be held electronically. WMC2 revises an exemption for charitable use of property for affordable housing and repeals the opt-out provision for certain local governments from the affordable housing "missing middle" exemption. The bill also creates a new property tax exemption for affordable housing projects located on state-owned land and operated by private parties. Regarding fuel taxes, it repeals the aviation fuel tax and delays the scheduled imposition of reduced natural gas fuel taxes to January 1, 2030. The bill passed the Ways and Means Committee and has now been filed as HB 7033. Now, the House and Senate will need to work out stark differences in their two tax proposals before session is scheduled to adjourn on May 2.
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SB 1408, Transportation Facility Designations
This legislation makes honorary designations of various transportation facilities across the State of Florida. HB 1408 designates the portion of Southern Boulevard between 18000 Southern Boulevard/Lion Country Safari Road and Royal Palm Beach Boulevard in Palm Beach County is designated as “PBSO Motorman 48 Highway.” This designation honors the three Palm Beach County Sheriff's Office deputies that were tragically killed when an SUV struck them on the side of Southern Boulevard as they waited for roadside assistance with a disabled PBSO motorcycle. The bill is now eligible to be heard on the Senate floor.
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SB 954, Recovery Residences
This bill preempts local zoning laws to permit recovery residences in all multifamily zones upon administrative approval, with certain exceptions. The bill also adjusts personnel-to-resident ratio limits and relaxes 24/7 supervision requirements for certain recovery residences. The Senate Appropriations Committee on Health and Human Services, the bill's final committee of reference, approved of the measure. SB 954 is now eligible to be considered on the Senate floor.
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SB 1664, Local Option Taxes
This legislation requires that any local discretionary sales surtax, tourist development tax, or local option food and beverage tax which is subject to approval in a referendum and is in effect on June 30, 2025, be renewed on or before January 1, 2033. The bill generally creates a new 8-year duration for those taxes; however, for any tax that is pledged for debt service, the 2033 renewal is delayed until the retirement of the debt. Future levies that will be pledged for debt service are subject to a maximum 30-year duration. The bill unanimously passed its second committee on Tuesday. Both SB 1664 and the House version of the bill have one more committee hearing before the floor.
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HB 211, Farm Products
HB 211 was approved in its final committee of reference this week and has been placed on the calendar for consideration by the full House next week. The bill amends the definition of “farm product” to include plants and plant products, regardless of whether the plants and plant products are edible or nonedible. The bill also revises the prohibition on governmental entities adopting or enforcing any ordinance, resolution, regulation, rule, or policy that prohibits, restricts, regulates, or otherwise limits an activity of a bona fide farm operation to include the collection, storage, processing, and distribution of farm products on agricultural land. The Senate companion measure has two more committee hearings before the floor.
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HB 593, Dangerous Dogs
This legislation, also known as the “Pam Rock Act,” strengthens the regulation of dangerous dogs in the state. It mandates the apprehension and quarantine of dogs suspected of injuring or threatening humans, a step that was previously optional. Owners of dogs classified as dangerous must now carry $100,000 in liability insurance and have the dog microchipped. Removal of the chip would be a third-degree felony. The bill also changes the criteria for misdemeanor charges involving unclassified dogs that attack humans, removing the need to prove reckless disregard by the owner. The bill expands the definition of a "proper enclosure" to include locked fenced yards that prevent access by children and escape by the dog. Additionally, animal shelters must post clear signage about the legal responsibilities of adopting a dangerous dog. The bill passed its final committee and will be heard on the House floor next week. Palm Beach County is working with the sponsor of the legislation on an amendment that would prohibit owners of dangerous dogs from knowingly hiding a dangerous dog or lying about the whereabouts of the dog to animal control officers.
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SB 818, Utility Relocation
SB 818 modifies the process under which communications services providers must relocate facilities located in a public right-of-way. The bill previously shifted the cost of the relocation of utilties in a right-of-way away from the utility owner, making local governments that own the right-of-way pay instead. Under a new amendment, negotiated by local governments and adopted to the bill in the Senate Rules Committee, the bill now creates a grant program within the Department of Commerce to reimburse providers of communications services for relocation expenses directly attributable to the physical relocation of facilities required by a county or municipal authority, subject to the availability of funds. The bill provides that 7.5 percent of the communications services tax levied by municipalities or counties must be distributed to the Department of Commerce to fund the Utility Relocation Reimbursement Grant Program established by the bill. SB 818 is now headed to the Senate floor.
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HB 795, Anchoring & Mooring at Seaports
This legislation was approved in its second of three committee references this week and grants seaports the authority to establish no anchoring or mooring zones for uninsured boats that have been anchored for more than 45 days in surrounding waters. These restricted zones can extend up to 1,250 feet from navigation channels, piers, or wharfs within the navigational harbor, and up to 500 feet beyond the harbor. To implement these zones, seaports must apply to the Florida Fish and Wildlife Conservation Commission (FWC) and are required to hold two public hearings beforehand. The FWC, in turn, must consult with relevant agencies during the review process. Any approved zones must be incorporated into the seaport’s security and strategic plans.
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