2021 Legislative Session

The 2021 Regular Session of the Florida Legislature ended on April 30, 2021. Over 3,000 bills were filed. Only 275 bills passed both chambers (enrolled). Unfortunately, several bills further restricted local government control in favor of state control. The majority of these bills are now awaiting signature or veto by the Governor of Florida. The Town would like to thank Senator Lori Berman, Richard Pinsky, Public Policy Manager at Akerman, and Emilie Pearson, Deputy Town Manager, for providing the below bill summaries that may impact the Town and its residents.

HB 403 Home-Based Businesses (Enrolled)

Provides that any local regulations on noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors may not be more restrictive for home-based businesses than other residential properties;
Does not prohibit local governments from enacting or enforcing noise ordinances;
Clarifies that a business may have additional remote employees that do not work at the residential dwelling;
Requires that local regulations of home-based businesses parking not be more stringent than other residential properties;
Removes ability for local governments to regulate hours of operation of home-based businesses;
Requires the use of the residential property, as viewed from the street, to be consistent with surrounding residential properties;
Unclear as to whether local government can regulate signs placed on home-based business properties;
Provides that a home-based business may not be prohibited, restricted, regulated, or licensed in a manner that is different from other businesses in a local government’s jurisdiction;

CS/CS/SB 1086 Operation and Safety of Motor Vehicles and Vessels (Enrolled)

Authorizes local governments to adopt an ordinance establishing a slow speed, minimum wake boating-restricted area if the area is within the boundaries of a permitted public mooring field and there is a buffer around the mooring field of up to 100 feet;
Authorizes Florida Fish and Wildlife Commission to relocate an at-risk vessel that is near a mangrove or upland vegetation;
Requires a law enforcement officer to provide notice to the owner of a derelict vessel in a certain form;

CS/CS/HB 839 Express Preemption of Fuel Retailers and Related Transportation Infrastructure (Enrolled)

Preempts a municipality, county, special district, or political subdivision from prohibiting the siting, development, or redevelopment of a gas station or other fuel retailer or the necessary related transportation infrastructure within that specific local government’s entire jurisdiction;
Preempts any action by a municipality, county, special district, or political subdivision resulting in a de facto jurisdiction-wide prohibition against a fuel retailer or related and necessary transportation infrastructure;
Preempts mandating any required infrastructure on a fuel retailer, including electric vehicle charging stations;
Prevents local governments from prohibiting natural gas fracking, nullify solar permitting ordinances, end renewable energy grant programs and eliminate county authority over pipelines along roadways;

CS/CS/HB 919 Preemption Over Restriction of Utility Services (Enrolled)

Prohibits a municipality or county from enacting or enforcing a resolution, ordinance or policy, or taking any other action that restricts or prohibits, the types of fuel which may be used, delivered, converted, or supplied by utilities.

CS/HB 663 Cottage Food Operations (Enrolled)

Preempts the regulation of cottage food operations to the state;
Requires a cottage food operation to comply with the conditions for the operation of a home-based business;
Cottage foods are defined as foods that are not potentially hazardous due to time or temperature, such as baked goods; jams, jellies, and preserves; fruit pies and dried fruits; dry herbs, seasonings, and mixtures; and homemade pasta, among others;
Allows individual cottage food operations to sell, offer for sale, and accept payment for cottage food products as a business entity. The bill also allows cottage food products to be sold, offered for sale, and paid for by mail order, and permits cottage food products to be delivered by mail;
Increases the annual gross sales limit for cottage food operations from $50,000 to $250,000;

SB 2512 Documentary Stamp Tax Distributions (Enrolled)

Redirects documentary stamp revenues traditionally used to fund affordable housing in the state through the Sadowski Trust Fund;
$200 million dollars each year will go to fund affordable housing;
$111 million will fund flood mitigation and resiliency projects;
$111 million will fund septic conversions to central sewer;

Chapter No. 2021-29, Laws of Florida, Resilient Florida Trust Fund

Creates the Resilient Florida Grant Program within the Department of Environmental Protection;
Provides grants to local governments to fund the costs of community resilience planning;
Counties, municipalities, water management districts and flood control districts must submit applications by September 1st of each year;

CS/CS/CS/HB 59 Growth Management (Enrolled)

Requires local governments to include a property rights element in their comprehensive plans.

HB735 Preemption Local Occupational Licensing (Enrolled)

Preempts licensing of occupations to state;
Prohibits local governments from imposing or modifying licensing requirements;
Prohibits local governments from requiring certain specialty contractors to obtain license for the following trades: painting, flooring, cabinetry, interior remodeling, driveway, tennis court installation, stucco and numerous other modifications or upgrades;
Licensing will expire on July 1, 2023;

CS/CS/HB401 Florida Building Code (Enrolled)

Prohibits local governments from regulating building design elements unless it meets the specified exceptions such as residences located within a community redevelopment area;
Defines building design elements;
Prohibits local governments from requiring that a contract between the contractor and property owner be provided as a condition of obtaining a permit;

CS/SB 60 Code Enforcement (Enrolled)

Prohibits code enforcement officers from investigating anonymous complaints except if there is an imminent threat to health, safety and welfare;
Individuals who complain must provide their name and address of residence to the code enforcement officer;

Chapter No. 2021-08, Laws of Florida, Emergency Management

Emergency orders that limit the rights or liberties of individuals and businesses (except hurricane and weather-related orders) must be limited in scope and serve public health and safety. Such orders are good for 7 days. They may be extended by a majority vote of the governing body in 7-day increments for not more than 42 days. The Governor may invalidate such orders.
All emergency orders and rules must be filed with the Town Clerk within 3 days of issuance. All emergency orders of the Town must be posted on the Town website on its own page. The homepage must provide a link to the emergency orders webpage. The Town must provide the webpage link to the Florida Division of Emergency Management.
Orders imposing curfew must allow persons to travel to and from work.
Governmental entities cannot require persons to provide documentation of vaccination. There is a fine of $5000 per violation.

Chapter No. 2021-06, Laws of Florida, Combating Public Disorder

Creates a budget appeals process to challenge reductions in municipal law enforcement agencies’ budgets, similar to that available to a county sheriff;
Allows state prosecutors and members of local governing bodies to file appeals to the Administration Commission/Governor’s office when they perceive a municipal budget has reduced police funding;

SB 832 and HB 973 Town of Lake Clarke Shores Annexation (Failed)

The Lake Clarke Shores Proposed Local Bill which annexes the Edgewater Park neighborhood into the Town did not pass this session.

HB 2097 Lake Clarke Shore Sewer Construction Funding Request (Failed)

The Lake Clarke Shores funding request for $500,000 for septic to sewer conversion planning dollars did not pass this session.