The Live Local Act Provides Opportunities to Incentivize Affordable Housing Throughout the State of Florida

Senate Bill 102, also known as the Live Local Act, is a transformative piece of legislation representing the largest housing investment in Florida’s history. The Live Local Act provides several mechanisms to incentivize affordable housing, including land use administrative approval opportunities, ad valorem tax exemptions, and state funding opportunities. For a comprehensive review and analysis of the Live Local Act, please visit Stearns Weaver Miller’s article available here. SB 102 was signed into law and became effective on July 1, 2023.

Changes Made to Statute of Limitations Period for Real Property Improvements and Definition of Material Violations to the Florida Building Code

Senate Bill 360 amends section 95.11, Florida Statutes, to reduce the statute of limitations period for actions founded on the design, planning, or construction of an improvement to real property. The bill changes the limitations period from ten years to seven years starting on the earliest date the authoritative jurisdiction issues a temporary certificate of occupancy, certificate of occupancy, certificate of completion or date of abandonment when construction is not completed. The bill also clarifies the statute of limitations if the real property improvement involves multiple buildings. The bill also amends section 553.84, Florida Statutes, to provide a cause of action for material violations of the Building Code instead of violations. SB 360 was signed into law on April 13, 2023 and was effective immediately. View More.

Changes Made to Allow Two Flags to be Displayed and Items to be Stored on Property Regardless of Restrictions from Homeowners’ Associations

House Bill 437 amends sections 718.113, 720.304, 720.3075, Florida Statutes, and creates section 720.3045, Florida Statutes. These sections have been amended to prohibit homeowners associations from restricting their homeowners and tenants from displaying up to two flags and storing items on their land so long as those items are not seen from the front of the property or any adjacent properties. HB 437 was signed into law and became effective on July 1, 2023. View More.

Changes Made to Allow Recovery of Attorney Fees for Comprehensive Plan Amendment Challenges and Clarify Types of Claims Allowed in Comprehensive Plan Consistency Challenge

Senate Bill 540 amends sections 163.3184(5)(g) and 163.3187(5)(a), Florida Statutes, to provide an entitlement of attorney fees and costs to the prevailing party in a Comprehensive Plan or Plan Amendment challenge. Appellate attorney fees and costs may be awarded. The bill also adds a new subsection (6) to section 163.3202, Florida Statutes, to exclude Florida College System institutions from land development regulations other than use, intensity or density of use. Finally, the bill amends section 163.3215, Florida Statutes, to resolve a conflict in the courts (Heine v. Lee County and Imhof v. Walton County) as to the types of claims that may be raised in a lawsuit challenging a development order’s consistency with the adopted comprehensive plan. The bill adopted the interpretation as set forth in Heine v. Lee County. SB 540 was signed into law and became effective on July 1, 2023.

Changes Made to Annexation and Contraction Procedures of Municipal Boundaries

Senate Bill 718 amends sections 163.3167 and 171.031, Florida Statutes, to prohibit land development regulation initiatives and referendums. The Bill also requires a “feasibility study” to be conducted prior to starting annexation procedures under section 171.0413, Florida Statutes. The Bill also amends section 171.051, Florida Statutes, regarding contraction procedures of municipal boundaries by requiring consent from the owners of 50 percent of the acreage of land when the area proposed to be contracted is 70 percent owned by individuals, corporations or legal entities. SB 718 was signed into law on June 28, 2023 and took effect July 1, 2023. View More.

Milestone Inspections Required by Condominium and Cooperative Associations

Senate Bill 154 significantly amends a variety of Florida Statutes to require milestone inspections (the first occurring after the building reaches 30 years old, and every 10 years thereafter), structural integrity reserve studies, and turnover reports. It also includes provisions for disclosure required by the developer and non-developer unit owners selling their units. SB 154 was signed into law on June 9, 2023 and was effective immediately. View More.

New Program Created to Preserve and Maintain Historic Cemeteries

House Bill 49 creates section 267.21, Florida Statutes, to establish a Historic Cemeteries Program which provides for the identification and maintenance of abandoned and historic cemeteries. The bill details how the program’s administrators will be selected and the functions they possess. HB 49 was signed into law and became effective on July 1, 2023. View More.

Miami Dade County Court Holds that Village was Equitably Estopped from Adding Conditions to an Approved Resolution Allowing a Transfer of Development Rights 

The 11th Circuit Court held that the Village of Palmetto Bay Village Council did not rely on competent substantial evidence in denying a site application involving a transfer of development rights because the Village Council relied on a skewed interpretation by the Village Attorney. The Court also held that the Village was required to accept title to the land subject to the transfer of development rights because a prior resolution required the Village to accept the land if clear title were provided. View More.