FHBA Legislative Updates – Week of January 29, 2018
SB 324 by Sen. Young, the FHBA Impact Fee Bill, was approved by the Senate Appropriations Finance and Taxation Subcommittee. The bill prohibits requiring the payment of impact fees prior to permitting, codifies case law on rational nexus and stipulates that payment of existing debt with impact fees is not allowed unless the debt has a rational nexus to the development.
Condominium Bulk Buyer:
HB 841, by Rep. Moraitis received approval by the Civil Justice Subcommittee. The Senate Bill, SB 1274 by Sen. Passidomo, received approval by the Committee on Regulated Industries. These bills delete the sunset provision relating to the assumption of liability by bulk-buyers. This makes it permanent that condo bulk buyers do not assume developer liability which better positions potential investments into distressed condos.
Development of Regional Impact:
HB 1151 by Rep. La Rosa passed the House Local, Federal & Veterans Affairs Subcommittee. The bill makes numerous changes and cleans up obsolete language with respect to existing DRI’s.
HB 1251 by Rep. Porter was temporarily postponed as FHBA staff prepares to amend the bill with the desired funding for the Workforce Task Force.
SB 1328 by Sen. Perry was approved by the Senate Community Affairs Committee. This bill requires impact fees and mobility fees be waive for affordable housing. The bill also expedites affordable housing permits.
HB 521 by Rep. Edwards-Walpole was amended and approved by the Local, Veterans and Federal Affairs Subcommittee. The amendment significantly revised the thrust of the bill to pre-empt cities and counties from tree trimming and debris removal authority from a right of way if the right of way is in the jurisdiction of a Special District, Community Development District or other jurisdiction.
This week the House and Senate unveiled their budgets putting them in position for the beginning of negotiations.
Both House and Senate bills direct funds to hurricane impacted jurisdictions. The Senate then appropriates the remaining funds to local governments. The House has chosen to sweep the remaining funds.
The Senate and House continue to direct an additional $250,000 to stings and sweeps around the state.
The Building Code Compliance and Mitigation Program:
The House and Senate continue to fund this program which supports building code training efforts such as FHBA Training Courses and SEBC Activities.
Expected Actions for Week of February 5:
(Note: Agendas for many committees have not been released)
Statute of Repose:
SB 536 by Sen. Passidomo is scheduled to be heard by the Senate Community Affairs Committee. The bill provides that repairs and warranty services do not delay the start of the repose clock.
SB 574 by Sen. Steube is on the Community Affairs Agenda. As filed, the bill pre-empts local government tree trimming and removal ordinances.
SB 1144 by Sen. Perry is on the Appropriations Finance and Tax Committee agenda. This bill provides greater transparency on the fees and expenses of local permitting authority. Local governments are required to make public their amounts collected on fees, fines and their expenses prior to voting to adjust permit fees.