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Bill to expand Live Local Act, increase affordable housing access teed up for Senate floor

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A bill that would clarify and expand the 2023 Live Local Act has cleared its final Senate committee, teeing the measure up for a floor vote.

The Senate Rules Committee approved a measure (SB 1730) from Sen. Alexis Calatayud that would mandate that counties and municipalities approve certain multifamily and mixed-use residential developments in certain areas without modifications or special exceptions to existing zoning regulations.

The bill seeks to make it easier to build housing, including affordable housing, by allowing multifamily unit developments to be constructed without land use changes if at least 40% of the units are affordable for a period of no less than 30 years.

It would also create a non-residential use restriction within mixed-use projects to occupy no more than 10% of the total project square footage, ensuring more of the development is dedicated to housing.

Additionally, the bill would restrict local governments from imposing height, density or floor area ratios in new developments below the highest currently allowed, or that was allowed on July 1, 2023, when Live Local took effect, but not to exceed 10 stories in developments next to single-family residential units.

The bill also addresses parking requirements, with a provision that would require, if requested by the developing applicant, an up to 20% reduction in required parking for a development. That provision drew some pushback after Sen. Ed Hooper noted that it could lead to some developments having fewer than one parking space per residential unit.

Other concerns arose during the committee meeting about access to disabled parking spaces, an issue Calatayud acknowledged she did not contemplate in the original bill or amendments to it. She vowed to work to address concerns and the issue did not lead to opposition to moving the bill forward.

Another provision that could come up for debate should the measure hit the Senate floor involves civil action. It would give local governments sued over a violation priority over other pending cases and require a court decision to be rendered expeditiously. It would further require courts to award reasonable attorneys fees of up to $200,000 for the prevailing party.

Sen. Darryl Rouson, a Democrat and a lawyer, cautioned that limiting attorneys fees could mean those seeking redress would have limited access to competent counsel. His concern had already been partially addressed, with the committee substitute to the original bill already increasing the limit on attorneys fees to $200,000, from $100,000 as originally contemplated.

The Live Local Act was a top priority in the 2023 Legislative Session for then-Senate President Kathleen Passidomo, who continues to serve in the Senate and is the Rules Committee Chair this Session. It was a sweeping piece of legislation aimed at encouraging developers to build more affordable housing units, particularly in a way that provides housing where people work.

At the time, it passed unanimously in the Senate and only received six “no” votes in the House. While it received broad bipartisan support, Democrats did offer some pause over a provision that preempted cities and counties from enacting rent control ordinances.

Among other provisions, the Live Local Act provided that developments over the past five years (from the time of enactment) with 70 units or more at rent at least 10% below the local market rate be eligible for property tax exemptions. Additionally, it allowed cities and counties to offer property tax exemptions to developments with at least 50 units if they set aside at least 20% of the units for affordable housing.

Calatayud sponsored the original legislation.

It was also amended in the 2024 Legislative Session, with additional local government preemptions and refined details.


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House tax amendment calls for big changes to TDT funding

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In tourist-rich Florida, local government officials and legislators scrambled Monday to understand the implications of a proposed House tax amendment that would override tourism development tax statues by allowing counties to tap into that money for general uses while property taxes are cut.

Under a newly published amendment to a tax package (HB 7033), counties would no longer be required to spend at least 40% of its tourist development taxes (TDT) on commercials and tourism advertisements. Tourism development councils would get dissolved by the end of 2025, although counties could reinstate them with new rules in place.

Rep. Lawrence McClure, the House budget committee chair, clarified VISIT FLORIDA would not be eliminated with the county level tourism councils.

Counties could use the TDT to complete any projects or contracts already under way as of July 1, the amendment said.

“Any such contracts may not be renewed or extended,” it also said. “Bonds or other debt outstanding as of July 1, 2025, may be refinanced, but the duration of such debt may not be extended and the outstanding principal may not be increased, except to account for costs of issuance.”

The House Budget Committee is scheduled to debate the issue at its upcoming 3:30 p.m. Tuesday meeting.

Some counties generate far more TDT revenue than others, so the proposal could have wide-ranging consequences.

In Orange County — home of Disney World — the 6% surcharge on all short-term rentals and hotels generated $364 million in 2024. Much of that money goes to Visit Orlando, which advertises the region, and paying for the Orange County Convention Center.

“I am in favor of flexibility, but historically oppose preemption. I need to see the math on this in more detail before I can make a final decision,” said Rep. Anna Eskamani, an Orlando Democrat who had been one of the voices calling for TDT money to be spent on community needs, such as public transportation and affordable housing.

Orange County government affairs is also analyzing the House proposal, spokeswoman Jane Watrel said.

Eric Gray, who served on the the county’s TDT citizen advisory task force and is running for Orange County Commission, called the tax proposal “insane” and “truly one of the most ridiculous pieces of legislation I’ve ever read.”

He said he feared counties would be forced to lower property taxes by the amount of TDT they collect, nullifying the impact of the TDT “flexibility” in the first place, he said, pointing out in a tourism economy like Orlando, millions of visitors drive on the roads, use the water and solid waste system and require a beefed-up police presence.

Meanwhile, on the Senate side, Sen. Carlos Guillermo Smith’s proposal to allow TDT to be be spent on public transportation and other needs was added into a larger tax package (SB 7034).

“For decades, corporate tourism executives have controlled how billions in public dollars are spent while community needs are left underfunded. TDT reforms are long overdue, and counties must have the flexibility to use tax revenue to invest in destination infrastructure including transportation, workforce housing, and public safety,” Smith, an Orlando Democrat, said in statement when reached for comment Monday night on the House tax amendment. “I’m encouraged to see the Legislature fully engaged in this discussion and look forward to continued negotiations that advance the priorities of Central Florida.”

Florida Politics reached out to Visit Orlando for comment Monday and did not get a response.


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House plan would force property tax relief by expanding exemptions for affordable housing

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An amendment to the House’s budget proposal puts pressure on local governments to quickly cut property taxes. The primary mechanism for that is by cutting taxes on construction of affordable housing throughout the state.

House leaders said they will give governments flexibility in use of other revenues, but must expand tax exemptions many local officials have been reluctant to embrace.

“We are telling them to give relief, we are instructing them to give relief,” said Rep. Lawrence McClure, a Dover Republican and House Budget Committee Chair. “It is not an option.”

The language in a tax relief package (HB 7033) published Monday would prohibit county and municipal governments from opting out of certain tax exemptions implemented with the Live Local Act in 2023.

Under the proposed legislation all cities and counties must provide a “missing middle” exemption, something a majority of local government opted against after the statewide law pushing for affordable housing went into effect in 2023.

The amendment proposed by the House would expand property tax exemptions on land if it houses more than 70 units of affordable housing to residents meeting the “extremely-low-,” “very-low-,“ “low-“ or “moderate-“ income limits specified in state statute.

Exemptions also apply if units are built on land leased from the state, and where an agreement has been made to provide affordable housing for at least 60 years.

The legislation also would require local governments to prioritize processing permit applications for the housing.

Estimates are not yet available as to the fiscal impact of counties and cities from expanding property tax exemptions, though modifications to improvements on publicly leased land already supported in the House Ways and Means Committee would have a $1.1 million statewide impact alone.

Still the House has maintained any type of major reform in property taxes would likely need to be addressed in an amendment to the Florida Constitution, McClure said. That would require voter approval on a statewide ballot in 2026 to cut property taxes.

That means the House still won’t entertain property tax refunds as proposed by Gov. Ron DeSantis, at least not as part of this year’s budget.

Meanwhile, the House remains intent on an across-the-board sales tax cut, rather than tax holidays favored by the Governor and leaders in the Florida Senate.

The clash in philosophies remains in play as the Legislative Session enters its final two weeks, raising the question if lawmakers can finalize a budget before the scheduled Sine Die. Sen. Ed Hooper, the Clearwater Republican chairing the Senate Appropriations Committee, reportedly said disagreements remain between the House and Senate on top-level spending.

“I assume we will not be out of town by May 2,” Hooper told POLITICO’s Gary Fineout.

But McClure remained optimistic.

“I can understand the perspective of saying, ‘Look we’ve got a lot of ground to cover,’ but we always have a lot of ground to cover,” McClure said. “The divide between us is not so great it couldn’t be done.”

He added, “If we continue to work together, we have a real shot at getting out mostly on time.”


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Bill requiring parental consent for STD treatment ready for Senate floor

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The Senate Rules Committee has passed a measure that Republican backers say will strengthen parental rights in Florida, sending it to the Senate floor.

Fort Pierce Republican Sen. Erin Grall presented the bill (SB 1288), which requires parental consent for minors in various instances, including medical treatments, the use of biofeedback devices and the administration of surveys or questionnaires.

The legislation would require parental consent for minors receiving medical treatment for sexually transmissible diseases.

The committee adopted an amendment that removed the survey and questionnaire language from the bill and instead amended a subsection in the education code to require parental notification and the opportunity for a parent to opt out of well-being or mental health or health screening questionnaires for K-12 students.

The bill would further add that a parent would not have the right to make health decisions for their child if a court orders otherwise. Written consent must also be provided before a child’s blood or DNA records are created, stored or shared. However, there are specific legal exceptions.

Biofeedback devices are defined as instruments that measure bodily functions like heartbeat or brain waves. These devices would be prohibited for use on minors without parental consent, and if authorized by a parent, the results must be shared with the parent and be treated as a confidential medical record.

Grall explained that health care providers would further be restricted from performing any medical procedures on a minor without first getting written consent from the parent. The exception would be in cases of an emergency or court orders. Violations of parental consent by health care professionals could result in fines and could be grounds for discipline for both the practitioners and the facilities.

During questions, Boynton Beach Democratic Sen. Lori Berman asked Grall why certain provisions had been removed.

“I’m just trying to clarify, why we are taking out all those things that say ‘unless otherwise prohibited by law’ in the bill?” Berman asked.

In response, Grall said that parents are probably the best people to have involved with their child’s treatment, especially when it comes to certain allergies to medications their child might have but might not know about.

“There are a number of systems that intersect with our children and divide the parent-child relationship,” Grall said. “The parent is the best one suited to direct that treatment and care. For example, if a child has syphilis, and needs the treatment for that is penicillin, a shot of penicillin, if that child is allergic and does not know that they are allergic, then they can have an anaphylactic response to that treatment.”

Grall said the bill would allow parents to have the opportunity to participate in their child’s care and any ongoing treatment that may result from that.

“Any ongoing treatment, if the child is HIV positive and needs different types of ongoing treatment,” Grall said, “these are all things a parent is ultimately responsible for, that treatment and care in the home, and should be given the opportunity to participate in that care to advise the child, as opposed to a system that comes and says, ‘In fact, we actually know better than your parent.’ And so, that is what this bill seeks to do with regard to different health care components.”

Berman then asked if the bill would be nullifying provisions in health care laws that would allow for treatment without consent.

“Won’t that be confusing for health care providers to have the laws on the books saying that they provide treatment but now in the education code there’s an oblique removal?” Berman asked.

Grall said in response that yes, they would nullify provisions.

“Yes, I think that it is in fact, it would supersede some existing laws on the books and in an ideal world, I agree that I would like to see some of the underlying statutes changed in their entirety,” Grall said.

John Harris Mauer on behalf of Equality Florida opposed the bill and said that while they value parental rights, the legislation could put vulnerable children at risk if they do not, in fact, have a supportive environment at home.

“Equality Florida opposes SB 1288,” Harris Mauer said. “We deeply value parental rights; there are many parents who are phenomenal advocates for their children. But we know that’s not always the case. Even in some supportive households, there are vulnerable young people who cannot or simply do not feel comfortable talking to their parents about issues like STIs or severe mental health struggles.”

Harris Mauer added that minors who are not able to get treatment could suffer long term health effects.

“Please don’t punish those young people by requiring communication that is or feels impossible with their parents if they want health care,” Harris Mauer said.

“If a young person is not comfortable with involving a parent out of fear, shame or guilt, this bill makes them suffer the health consequences alone, without the long-standing exceptions provided by law. This bill says we would rather a young person suffer potentially serious and long-standing mental and physical health consequences than be able to get help from a highly trained professional where they are willing to do so.”

Kara Gross, Legislative Director and Senior Policy Counsel for the Florida chapter of the American Civil Liberties Union, opposed the bill and said she disagreed that health care professionals should be required to withhold treatment without parental consent.

“This bill will endanger the health of minor children in the name of parental rights,” Gross said.

“Make this make sense. Under this bill, if medical professionals determine that a minor has an STI, they would be required to withhold treatment that could quickly treat the STI. At the very least, this bill should explicitly provide that if the health provider is unable to reach the parent, that they can still provide the health care to the minor.”

Gross added that delaying treatment for STIs can lead to significant health consequences for minors, including infertility, and can result in increased transmission.

“Are we really requiring doctors to turn away a minor with an untreated STI?” Gross asked.

Pam Westling, a family nurse practitioner and parent, supported the bill and said during her years working as a health care professional, evidence shows family involvement helps foster better outcomes.

“I have had a wide-ranging career, caring for people of all ages,” Westling said.

“I have worked from ICUs to primary care and community health centers, and I have found that including families in their care promotes well-being and faster recovery. Based on my empirical experience over 40 years, and many studies done in nursing, medical and psychological literature, we know that supporting the family unit is central to the well-being and the health of the child and the entire family unit.”

During the bill’s debate, Berman said she had seen this bill many times and strongly opposed the bill every time it came up.

“The vulnerable children that we’re really putting at risk here with this bill,” Berman said.

“I did a little research on STIs just to see what happens if they’re untreated. So, if you have chlamydia and it’s untreated, you can get pelvic inflammatory disease, infertility. If you have syphilis, and it’s untreated, and it’s late stage, you could have damage to your brain, your nerves, your heart and other organs. Pregnancy for syphilis can cause miscarriage, still birth or birth defects. HPV can cause cervical cancer. HIV can lead to full blown AIDS if it’s not treated.”

Berman added that minors would have their health put at risk if the bill was passed because not all children can go to their parents to talk.

“We have a lot of situations where we are putting children’s health in extreme risk by making them have to go to their parents for the actual treatment,” Berman said. “You know, I asked the question, and I was told, well they might have an allergy. I would hope that we tell our children what their allergies are and that they can be the ones who talk to their doctors and find out what is going on.”

In closing, Grall said that it is frustrating that those who oppose the bill focus on the sexual activity of minors.

“I personally have been focused on parental rights for a number of years, and my issue is I don’t want anybody else talking with my children about those things,” Grall said. “That’s my job, and right now there are systems that come up, and instead of the parent being there as a first educator, there are systems that introduce to all children, very early, and it’s a one-size-fits-all.”

Grall said there is no excuse for some of the heartbreaking stories that were shared by the bill’s opponents but added that not all parents should have their parental rights ignored because of this.

“I do think that people come to this issue with a pure heart, and understand that we do have vulnerable children, our systems for mandatory reporting are clearly not working, all the way around,” Grall said.

“There is no excuse for some of the horrific, horrific stories we have heard. None. We can’t take away the due process rights of all parents because people aren’t using the systems we have in place. We can’t legislate only for the most vulnerable and ignore the rights of all families.”


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