Mitigation
On Monday, May 6, Governor DeSantis signed SB 1532, “Mitigation.” This good bill is intended to provide an alternative to the increased size in stormwater retention ponds and/or the over reliance on technology resulting from the new stormwater rule.
The bill allows for water enhancement credits or stormwater credits to be purchased by private entities and allows public-private partnerships for the creation of mitigation banks on local government-owned conservation land when mitigation credits are not available in that basin. The credits are then allowable for sale to private entities such as builders and developers.
Building Regulations
FHBA members may recall that there is a constant battle in Tallahassee to establish a “shot clock’” for building permit applications. During the 2024 session, FHBA supported legislation to do just that- HB 267 “Building Regulations.” HB 267 was signed by the Speaker of the House and the President of the Senate on May 7, sending it to the Governor’s desk where he now has until May 22 to sign the bill into law.
The legislation, as passed, will allow local governments 30 business days to review a permit for single family, duplex, triplex and quadplex residential units that are less than 7,500 square feet. Local governments will be allowed 60 days for single family units greater than 7,500 square feet; or for multi-family units exceeding 60 units. Among other things, it also simplifies the process for installing replacement windows, doors, and garage doors by exempting the need for sealed drawings by design professionals, requiring installations to follow manufacturer’s instructions, and submitting these instructions with permit applications.
Immigration
As July 1 approaches, FHBA reminds members that another piece of the 2023 Immigration bill is set to go into effect.
While pieces of the bill are already in effect like requiring employers who have 25 or more employees to use E-Verify, this next piece will penalize these businesses through the Department of Commerce. If the Department of Commerce determines or finds out from FDLE, Attorney General, or the state attorney’s office that an employer has failed to use E-Verify to determine if an employee is eligible for employment, the Department must notify the employer of the noncompliance and provide the employer with 30 days to cure the noncompliance.
If the Department of Commerce determines an employer has failed to use the E-Verify system three times in a 24-month period, the employer will be fined $1,000 per day until sufficient evidence that the employer has cured the violation is provided. Further, the employer can lose their state license(s) by choosing not to comply with the E-Verify statutes.
Assumption of 404 Permitting
As we’ve continued to report, FHBA and NAHB remain hard at work identifying potential solutions to address disruptions to the 404 permitting process.
This week, the FHBA Governmental Affairs team along with FHBA Senior Officers joined NAHB leaders to meet with Senator Rick Scott and Congressman Mario Diaz-Balart’s office to discuss how the 404-assumption lawsuit, Center for Biological Diversity v. Regan, and the Court’s decisions have impacted Florida’s builders and developers. The meeting also facilitated a discussion about and ways to resolve the issue. As previously reported, FHBA signed onto to an amicus brief with the Florida Chamber of Commerce, Associated Industries of Florida, and other aligned organizations to urge the D.C. Court of Appeals to stay the lower court’s decision. This pause would allow the Florida Department of Environmental Protection to continue issuing permits.
Stay tuned for any progress achieved on this issue.