FHBA Legislative Updates – Week 5

FHBA Legislative Updates – Week of February 5, 2018

Permit Fees:
SB 1144 by Sen. Perry passed the Appropriations Finance and Tax Committee. HB 725 by Rep. Williamson is on the House Special Order Calendar for the 14th. These bills provide 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.

Impact Fees:
HB 697 by Rep. Miller, the FHBA Impact Fee bill, was unanimously approved by the House Governmental Accountability Committee. 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.

Development of Regional Impact:
HB 1151 by Rep. LaRosa passed the House Commerce Committee and has been placed on the Calendar. SB 1244 by Sen. Lee passed the Appropriations Subcommittee on Transportation, Tourism, and Economic Development. These bills make numerous changes and clean up obsolete language with respect to existing DRI’s.

Tree Trimming:
SB 574 by Sen. Steube was on the Community Affairs Agenda but was not considered. As filed, the bill pre-empts local government tree trimming and removal ordinances.

Statute of Repose:
SB 536 by Sen. Passidomo was passed by the Senate Community Affairs Committee and is now in Rules Committee. HB 875 by Rep. Leek passed the House Judiciary Committee and goes to the House floor barring any additional references. The bill provides that repairs and warranty services do not delay the start of the repose clock.

Appropriations Issues:
This week the House and Senate unveiled their $87B+ budgets putting them in position for the beginning of negotiations. The two chambers are only $1B apart but at odds about how to fund schools, hospitals and affordable housing.

Sadowski Funds:
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 $182M funds.

Unlicensed Activity:
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 12:
(Note: Agendas for many committees have not been released)

Condominium Bulk Buyer:
The Senate Bill, SB 1274 by Sen. Passidomo, is scheduled to be heard in Senate Community Affairs Tuesday. The bill 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.

Tree Trimming:
SB 574 by Sen. Steube is also scheduled to be heard in Senate Community Affairs on Tuesday. As filed, the bill pre-empts local government tree trimming and removal ordinances.