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Status of FAA's 2021 Legislative Priorities:
Protect the Sadowski Affordable Housing Trust Fund and provide rent relief for residents impacted by COVID-19 (HB 13/SB 510).
· The governor’s proposed budget includes $423.3 million in funding for affordable housing programs.
· SB 510 has cleared two committees and is awaiting consideration by the Senate Appropriations Committee, which is its final committee stop. HB 13 has not had a hearing at this time.
· On March 23, House Speaker Chris Sprowls (R-65) and Senate President Wilton Simpson (R-10) announced a plan to address Florida infrastructure needs related to sea level rise and wastewater, which uses resources from the Sadowski Affordable Housing Trust Fund.
· Under the initial proposed plan, the documentary stamp proceeds that are traditionally used to fund Florida's affordable housing programs would be split into thirds going forward.
· For the 2021-22 Fiscal Year:
· $141.1 million would be allocated for the State Apartment Incentive Loan Program (SAIL) and the State Housing Initiatives Partnership Program (SHIP).
· $141.1 million would be used for the Resilient Florida Program.
· $141.1 million would be used for the Water Protection and Sustainability Program.
· The House and Senate voted on their respective budget proposals this week. Thankfully, the proposals dealing with Sadowski (SB 2512/HB 5401) were amended to increase affordable housing funding by $59 million for a total of $200 million for the state's affordable housing programs. The Resilient Florida Program and the Water Protection and Sustainability Program would each receive $111.7 million in funding under the revised proposal. SB 2512 passed the House and Senate as amended this week and will be sent to the Governor for final approval.
· The budget negotiation process remains ongoing and discussions will continue as appropriators determine how to best use federal COVID-19 relief funds. FAA will be following this process closely and communicating updates to FAA members as they arise.
Permit affordable housing tax incentives (HB 563/SB 674).
· This legislation would allow, but not require, local governments to establish property tax incentives for affordable housing.
· HB 563 and SB 674 have not had a hearing at this time but FAA is pushing to get this legislation moving in both chambers.
Clarify fire radio system requirements (HB 587/SB 1902).
· This legislation would clarify fire department radio signal requirements for new and existing apartment buildings and require:
· Local radio systems to meet the minimum national standard.
· A reasonable timeline for ongoing inspections.
· Local governments to provide developers with tools to determine in advance if a project will have a radio strength signal issue.
· Standards for the certificate of occupancy process.
· HB 587 and SB 1902 have not yet had a hearing but FAA is working diligently to get this legislation moving in the House and Senate.
· SB 360 (Sen. Ed Hooper, R-16)/HB 415 (Rep. Adam Botana, R-76) also addresses fire radio signal requirements.This legislation would move the compliance timelines for apartment communities out five years (from 2025 to 2030) and clarify radio signal enhancement systems cannot be required in buildings that are four stories or less. SB 360 passed out of the Senate Banking and Insurance Committee with a favorable recommendation on March 30 and is now awaiting consideration in its final committee (Appropriations). HB 415 passed out of its final committee on April 6 and is headed to the House floor.
· FAA supports SB 360/HB 415 but believes this legislation does not go far enough to address many of the challenges facing the apartment industry. For this reason, FAA will continue to push for HB 587/SB 1902 during the 2021 session.
Establish COVID-19 liability protections for housing providers (HB 7/SB 72).
· On March 29, Governor DeSantis signed SB 72 into law, which establishes COVID-19 liability protections for businesses, including housing providers.
· Under the new law, which went into effect immediately, a business that makes a good faith effort to substantially comply with applicable COVID-19 guidance is protected from civil liability stemming from a COVID-19-related civil action.
Other Important Legislative Developments:
IMPACT FEES
· Legislation related to capping impact fee increases on development, which would impact apartment community construction projects, is on the move in the House and Senate. HB 337 would require impact fees of not more than 25 percent to be implemented in two equal amounts or in four equal installments if the impact fee increase is between 25% and 50% of the current rate. In addition, the bill provides that impact fee limitations will operate retrospectively to Jan. 1, 2021. HB 337 passed out of the House Local Administration & Veterans Affairs Subcommittee on March 16 and the Ways and Means Committee on March 31. The Senate companion bill, SB 750, passed out of the Senate Community Affairs Committee on March 24 and Finance and Tax on March 31. As a result, both bills await consideration in their final committee stops.
· FAA supports this legislation and will be communicating updates to FAA members as they arise.
EVICTION EXPUNGEMENT
· As previously noted, HB 1193 and HB 1995 were introduced by Rep. Vance Aloupis (R-115). Together these bills would authorize a tenant or mobile-home owner who is a defendant in an eviction proceeding to file a motion with the court to have the records of such proceedings sealed and to have his or her name substituted with the word “tenant” on the progress docket. This legislation erodes a housing provider's right to access a potential resident's eviction history. In addition, it does not take into account instances where a tenant may have been evicted for violent or criminal behavior.
· Both of these bills received a unanimous vote by the House Civil Justice and Property Rights Subcommittee on March 18 and the Justice Appropriations Subcommittee on March 30.
· This week, HB 1193 and HB 1995 received a unanimous vote by the Judiciary Committee on April 6. The legislation is now on the House floor.
· FAA is in an ongoing dialogue with Rep. Aloupis regarding the apartment industry's concerns and remains hopeful the bill will be amended now that it is on the House floor.
· At this time, similar legislation has not moved in the Senate.
DATA PRIVACY
· Data privacy legislation HB 969/SB 1734 continues to move in both chambers. As introduced, this legislation would impact businesses with more than $25 million in gross revenue; entities that buy, sell, receive, or share the personal information of 50,000 or more consumers, households or devices; or entities where 50 percent or more of its revenue comes from selling or sharing personal information.
· The language was recently amended to limit it to businesses that “annually buy, sell or share the personal information of 100,000 or more consumers, households or devices” or a business that “derives 50 percent or more of global annual revenues from selling or sharing personal information about consumers.”
· SB 1734 is on the Senate floor and HB 969 is awaiting consideration in its final committee. The bill would take effect January 1, 2022 if signed into law.
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