Florida 2023 2023 Regular Session

Florida House Bill H1313 Introduced / Bill

Filed 03/01/2023

                       
 
HB 1313  	2023 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1313-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to certificates of use; creating s. 2 
125.01032, F.S.; prohibiting certain local 3 
governmental entities from adopting or maintaining in 4 
effect any ordinance, rule, or other measure which 5 
requires a certificate of use before execution of a 6 
purchase or lease agreement; providing exceptions; 7 
providing requirements for the adoption or maintenance 8 
in effect of any ordinance, rule, or other measure 9 
which requires a certificate of use; providing for 10 
termination and expiration of such ordinances, rules, 11 
or other measures within a specified period; 12 
prohibiting such ordinances, rules, or other measures 13 
from being extended or renewed; providing an 14 
exception; providing an effective date. 15 
 16 
Be It Enacted by the Legislature of the State of Florida: 17 
 18 
 Section 1.  Section 125.01032, Florida Statutes, is created 19 
to read: 20 
 125.01032  Ordinances and rules requiring certificates of 21 
use.— 22 
 (1)  Except as otherwise pro vided in this section, a 23 
county, municipality, or other local governmental entity may not 24 
adopt or maintain in effect any ordinance, rule, or other 25     
 
HB 1313  	2023 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
measure which requires a certificate of use before the execution 26 
of any purchase or lease agreement unless s pecifically provided 27 
by general law. 28 
 (2)  A county, municipality, or other local governmental 29 
entity may not adopt or maintain in effect any ordinance, rule, 30 
or other measure which requires a certificate of use unless a 31 
property owner, landlord, or proper ty manager provides all of 32 
the following to any prospective lessee for his or her proper 33 
due diligence before the execution of any purchase or lease 34 
agreement: 35 
 (a)  Certification that all buildings on the property are 36 
or are not structurally sound. 37 
 (b)  Certification that all mechanical, electrical, and 38 
plumbing systems on the property are or are not operational, 39 
with projections as to their operational life expectancy if 40 
applicable. 41 
 (c)  Certification that all work performed on the property 42 
has been properly permitted under the Florida Building Code. 43 
 (d)  Past and present copies of all architectural, 44 
mechanical, electrical, plumbing, and fire drawings, written 45 
specifications, and permits issued for all construction and 46 
maintenance work on the property, including every alteration and 47 
repair, converting use, and build out, requested by or on behalf 48 
of the owner or a tenant. 49 
 (e)  Disclosure of all previous uses of the property, 50     
 
HB 1313  	2023 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
regardless of whether the property was occupied by the owner or 51 
a tenant. 52 
 (f)  Written assurance that the purchase or lease agreement 53 
is not binding until a certificate of use is awarded. 54 
 (3)  Any ordinance, rule, or other measure which requires a 55 
certificate of use shall terminate and expire within 1 year 56 
after the effective date of this act and may not be extended or 57 
renewed except by the adoption or maintenance in effect of a new 58 
ordinance, rule, or other measure meeting all the requirements 59 
of this section. 60 
 Section 2.  This act shall take effect July 1, 2023. 61