The NAIOP of Florida Commercial Real Estate Development Association compiled its 2023 Florida Legislative successes.
Business Rent Tax
NAIOP Florida helped lead the effort to reduce the Business Rent Tax from 5.5% to 4.5% effective Dec. 1, 2023.
Bi-Directional Antennae
NAIOP Florida successfully advocated for legislation that created equity in the process of determining when fire radio antennae are required. Specifically, HB 1575 provides that:
• Before a local government can require installation of a two-way radio communications enhancement system, a qualified third party must certify that the jurisdiction’s public safety emergency system meets or exceeds the minimum radio coverage.
• If an enhancement system is required after assessment of a new building, a contractor must submit a design for the system to the local authority, who must require installation of the system within 12 months after the issuance of temporary certificate of occupancy.
• If an existing building requires an enhancement system, the building owner must be granted at least one year to do so.
Local Government Ordinance Control
NAIOP supported legislation that would rein in local government ordinances that negatively affect businesses’ ability to operate. Specifically, SB 170 provided that:
• Counties and cities must produce a “business impact estimate” prior to passing an ordinance, with exceptions.
• Allows for immediate suspension of ordinance if filed within 90 days.
Affordable Housing
Successfully lobbied toward $711 million in funding for affordable housing, including:
• Florida Hometown Heroes Program – $100 million.
• State Housing Initiatives Partnership (SHIP) (rental assistance) – $252 million.
• State Apartment Incentive Loan Program (SAIL) (housing development assistance) - $259 million.
• Inflation Loan Program for SAIL - $100 million.
Building Construction
Worked with legislators to restrict local building officials from requiring unnecessary changes after issuing permit. Specifically, HB 89 did the following:
• Prohibits a local government from making substantive changes to building plans after a permit has been issued unless such changes are required under the Florida Building Code or the Florida Fire Prevention Code.
If changes are necessary, the local government must identify in writing the specific parts of the plan that do not conform to the applicable code.
• Requires a building code administrator, plans examiner, or inspector to notify the local government if an employee who is not a building code administrator, plans examiner, or inspector determines that a building plan does not comply with the Florida Building Code.
• Requires a local fire official to notify a building permit applicant of the specific reasons why building plans do not comply with the Florida Fire Prevention Code.
• Allows a plans examiner, inspector, building official, or fire safety inspector to have his or her certificate disciplined for failure to notify the appropriate person of the reasons for making or requiring substantive changes to building plans.
Modified Legislation
• Successfully lobbied to limit the application of far-reaching consumer data privacy legislation to businesses with greater than $1 billion in revenue with at least 50% coming from digital advertisements. This would only affect large tech companies.
• Worked with stakeholders of immigration legislation to both ensure E-Verify changes were prospective to future employees (not existing) and remove language that would have restricted commercial centers that potentially sheltered undocumented immigrants.