GOVERNMENT AFFAIRS NEWS UDPATE

May 14, 2025

Session by the Numbers

At the start of the 2025 Legislative Session, legislators filed over 1,900 pieces of legislation. As of May 14, only 16 general bills were signed by the Governor and became law. Before officially extending Session, only another 112 general bills passed both chambers, and are now waiting to be sent to the Governor for his signature. With the bills remaining to be considered in HCR 1631, less than 140 general bills may become law by the end of the 2025 Legislative Session. As previewed in the Pre-Session Rotunda Report, and given the unusual start to this year’s Legislative Session, this will likely be one of the lowest number of general bills passed in recent years:

2024 Legislative Session – 272 general bills

2023 Legislative Session – 303 general bills

2022 Legislative Session – 220 general bills

2021 Legislative Session – 238 general bills

2020 Legislative Session – 182 general bills

Previewing the End of Session: The Budget

The Senate and the House are still divided on final budget numbers and how to provide relief to Floridians. The House has proposed permanently lowering the state sales tax, while the Senate is proposing more targeted and temporary proposals, such as the elimination of sales tax on clothing and shoes up to a certain amount. Both chambers have signaled reducing or eliminating the business rent tax. Governor DeSantis has expressed his opposition to sales tax cuts that, in his opinion, would disproportionately benefit tourists and foreigners, further signaling that he would veto such a tax cut. The Governor is still pushing for the reduction and subsequent elimination of property taxes. In response to this continued push, House Speaker Daniel Perez announced the establishment of the Select Committee on Property Taxes.

Passing a budget is the only constitutionally required action that the Legislature must take during a regular session. With Florida’s fiscal year starting on July 1, 2025, if a budget is not passed, a government shutdown could be triggered.

Recap and Update of the 2025 Legislative Session

Each week during the 2025 Legislative Session, the Rotunda Report featured a Legislative Spotlight providing an analysis of legislation from practicing attorneys in the related field. Of the legislation highlighted in the Legislation Spotlights throughout the 2025 Session, the following bills passed out of both chambers and should be presented to the Governor for his signature over the coming weeks. Once presented to the Governor by the Officers of the Legislature, the Governor has 15 days to sign or veto the bill. Please note that the hyperlinks below provide analysis of the legislation as it existed when the summary was written; as a result, the analysis may now be outdated as many bills have since been amended.

Week 1 Rotunda Report | Wetland Mitigation Bank Credits

SB 492 filed by Senator McClain alleviates the supply issues faced by developers seeking to permit additional projects in wetland mitigation bank credit deserts in Florida. If signed by the Governor, SB 492 will be effective July 1, 2025. The bill:

• Provides that permit applicants are entitled to a one-time use of credits from a mitigation bank outside the mitigation bank service area when an insufficient number or type of credits are available within the impacted area.
• Prescribes a credit release schedule for mitigation banks that the Florida Department of Environmental Protection and the Water Management Districts would be required to use.

Week 2 Rotunda Report | Impact Fees and Defining Extraordinary Circumstances

SB 482 filed by Senator DiCeglie sought to define “extraordinary circumstances” as used in the impact fee statute, by tying the definition to an objective, population-based standard. However, over the course of Session, the language was amended and then added to SB 1080 filed by Senator McClain. The amended version now requires a local government to unanimously approve an impact fee increase, rather than by a two-thirds vote, beyond the statutory four-year glidepath under the auspices of “extraordinary circumstances.” Additionally, a local government cannot utilize “extraordinary circumstances” if it has not increased its impact fees within the past 5 years. If signed by the Governor, SB 1080 will be effective October 1, 2025.

In addition to defining “extraordinary circumstances”, SB 1080:

• Requires local governments to:
• Specify the minimum information required for certain zoning applications.
• Process an application for a development permit or order within certain timeframes.
• Issue refunds to applicants if they fail to meet certain timeframes when processing an application.
• Prohibits school districts from imposing any fee in lieu of an impact fee, unless an exception applies.
• Provides that comprehensive plan amendments are not required to be approved at the second public hearing in the plan amendment adoption process to avoid being deemed withdrawn.
• Specifies that certain fees may be used by local governments to process or enforce building permits.

Week 5 Rotunda Report | The Repeal of the Customary Use Statute

SB 1622 filed by Senator Trumbull repeals the customary use statute originally enacted in 2018 as HB 631 (codified as 163.035, Fla. Stat.). The practical effect of the repeal means that local governments can once again adopt ordinances or rules affirming the public’s right to utilize dry sand areas of privately owned portions of the beach based on the doctrine of customary use without having to first seek a judicial declaration. If signed by the Governor, SB 1622 will be effective upon the date of signing.

Week 6 Rotunda Report | Recovery of Noneconomic Damages by Adult Children and Parents of Adult Children in Medical Malpractice

HB 6017 filed by Representatives Trabulsy and J. Lopez, expands the application of the Florida Wrongful Death Act by repealing provisions that prohibit certain parents and children of a patient who died due to medical negligence from recovering noneconomic damages. Once enacted, a decedent’s adult children, and parents of adult decedents, may recover noneconomic damages. If signed by the Governor, HB 6017 will be effective July 1, 2025.

Week 7 Rotunda Report | Emergency Preparedness and Declarations

SB 180 filed by Senator DiCeglie addresses Florida’s statewide and local responses to emergency and natural disasters by:

• Strengthening Florida and its state agencies by increasing funding, while also ensuring proper reporting and auditing occurs.
• Ensuring local governments properly coordinate with federal and state agencies, and adequately respond to natural disasters.
• Ensuring local governments allow impacted communities to rebuild while prohibiting the enactment of burdensome regulations.
• If signed by the Governor, SB 180 will be effective July 1, 2025, except as relating to Sections 10 and 28.
• Section 10 relating to the tolling and extension of permits shall apply retroactively to January 1, 2023.
• Section 28 relating to the prohibition on local government moratoriums shall apply retroactively to August 1, 2024.

Week 8 Rotunda Report | Live Local 3.0

SB 1730 filed by Senator Calatayud streamlines the process for building more affordable homes in Florida by:

• Authorizing, but not requiring, local governments to approve affordable housing on parcels containing a house of worship owned by a religious institution. 
• Administratively approving the demolition of a building under the administrative approval process when associated with a Live Local Project. 
• Clarifying the definition of floor area ratio (FAR) to include lot coverage. 
• Defining zoning classifications for commercial, industrial, and mixed use. 
• Clarifying that flexibly-zoned areas, such as planned unit developments, qualify for development under the Live Local Act. 
• Turning the clock back to July 1, 2023 on ordinances relating to density, FAR, and height.
• Requiring local governments to reduce parking requirements by 15 percent.
• Creating a private right of action to challenge a local government when a violation of the Live Local Act occurs. 
• Creating the Public Sector and Hospital Employer-sponsored Housing Policy under Chapter 420. 
• Providing that projects on parcels with a contributing structure within a historic district have an additional height restriction and may be subject to architectural design requirements.
• If signed by the Governor, SB 1730 will be effective July 1, 2025, except as relating to ordinances relating to density, FAR, and height.

In addition to legislation analyzed in the prior editions of the Rotunda Report and detailed above, the following bills have passed both chambers and are set to be presented to the Governor. These bills will likely have an impact on many aspects of development and growth throughout Florida:

• Condominium Reforms – HB 913 filed by Representative V. Lopez provides for reforms to the governance and regulations of condominiums. The 2025 Legislative Session condominium bill continues to make sweeping reforms stemming from the Surfside tragedy, while balancing concerns raised by Floridians about the costs of the new requirements. The bill outlines the below changes:
• Community Association Managers (CAMs)
• Revises regulations related to CAM firms and CAMs, specifically clarifying conflict of interest reforms passed in 2024.
• Requires CAMs to maintain an online account, and prohibits CAMs from contractually avoiding new legal requirements.
• Structural Integrity Reserve Study (SIRS)
• Clarifies reporting requirements for associations.
• Requires local enforcement agencies to report status of statutorily required inspections.
• Extends the deadline for associations to be in compliance with SIRS.
• Insurance – clarifies requirements for insurance, including adequate coverages.
• Reserves – expands the utilization of alternative funding method for reserves.
• Meetings and Voting – revises requirements for different types of meetings, expands electronic voting.
• Online Reporting – creates new requirements for association to report information to DBPR.
• If signed by the Governor, HB 913 will be effective July 1, 2025, except as relating to Section 31 that revises the retroactive application of HB 1021 (2024).

• Administrative Approvals of Final Plats – SB 784 filed by Senator Ingoglia requires local governments to review and approve plat and replat submittals administratively through a designated authority, and provides parameters on the administrative review process. If signed by the Governor, SB 784 will be effective July 1, 2025.

• Modernizing Construction Regulations & Standards and Expansion of Private Providers – HB 683 filed by Representative Griffitts modernizes development by standardizing synthetic turf rules, limiting permit-related financial documentation, and mandating quicker turnaround on change orders. The legislation also expands the authority of private inspectors for qualifying projects. If signed by the Governor, HB 683 will be effective July 1, 2025.

• Utility Service Restrictions – HB 1137 filed by Representative Shoaf preempts local governments from prohibiting fuel sources used by residential properties and keeps local governments/utilities from charging a fee for the right to utilize an energy source, such as natural gas. If signed by the Governor, HB 1137 will be effective July 1, 2025.

• Prohibition of Fluoride in Drinking Water – SB 700 filed by Senator Truenow primarily serves as the agency package for the Florida Department of Agriculture and Consumer Services and covers a wide range of issues. The most debated impact of the bill is the revision to the definition of “water quality additive.” The bill does not mention “fluoride” specifically, but the practical effect will mean that fluoride and other additives not meeting the new definition of “water quality additive” cannot be added to a public water supply. If signed by the Governor, SB 700 will be effective July 1, 2025, except as otherwise provided in the bill.

The information provided in this email does not, and is not intended to, constitute legal advice; instead, all information in this email is for informational purposes only. Information in this email is general in nature and may not constitute the most up-to-date legal or other information. Readers of this email should contact us or an attorney of their choice to obtain advice with respect to any particular legal matter. No reader of this email should act or refrain from acting on the basis of information in this email without first seeking legal advice from counsel. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. This email does not create an attorney-client relationship between the reader and the authors of the email or this law firm.

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