Florida 2023 Regular Session

Florida House Bill H1313 Compare Versions

Only one version of the bill is available at this time.
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1010 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
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1414 A bill to be entitled 1
1515 An act relating to certificates of use; creating s. 2
1616 125.01032, F.S.; prohibiting certain local 3
1717 governmental entities from adopting or maintaining in 4
1818 effect any ordinance, rule, or other measure which 5
1919 requires a certificate of use before execution of a 6
2020 purchase or lease agreement; providing exceptions; 7
2121 providing requirements for the adoption or maintenance 8
2222 in effect of any ordinance, rule, or other measure 9
2323 which requires a certificate of use; providing for 10
2424 termination and expiration of such ordinances, rules, 11
2525 or other measures within a specified period; 12
2626 prohibiting such ordinances, rules, or other measures 13
2727 from being extended or renewed; providing an 14
2828 exception; providing an effective date. 15
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3030 Be It Enacted by the Legislature of the State of Florida: 17
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3232 Section 1. Section 125.01032, Florida Statutes, is created 19
3333 to read: 20
3434 125.01032 Ordinances and rules requiring certificates of 21
3535 use.— 22
3636 (1) Except as otherwise pro vided in this section, a 23
3737 county, municipality, or other local governmental entity may not 24
3838 adopt or maintain in effect any ordinance, rule, or other 25
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4747 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
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5151 measure which requires a certificate of use before the execution 26
5252 of any purchase or lease agreement unless s pecifically provided 27
5353 by general law. 28
5454 (2) A county, municipality, or other local governmental 29
5555 entity may not adopt or maintain in effect any ordinance, rule, 30
5656 or other measure which requires a certificate of use unless a 31
5757 property owner, landlord, or proper ty manager provides all of 32
5858 the following to any prospective lessee for his or her proper 33
5959 due diligence before the execution of any purchase or lease 34
6060 agreement: 35
6161 (a) Certification that all buildings on the property are 36
6262 or are not structurally sound. 37
6363 (b) Certification that all mechanical, electrical, and 38
6464 plumbing systems on the property are or are not operational, 39
6565 with projections as to their operational life expectancy if 40
6666 applicable. 41
6767 (c) Certification that all work performed on the property 42
6868 has been properly permitted under the Florida Building Code. 43
6969 (d) Past and present copies of all architectural, 44
7070 mechanical, electrical, plumbing, and fire drawings, written 45
7171 specifications, and permits issued for all construction and 46
7272 maintenance work on the property, including every alteration and 47
7373 repair, converting use, and build out, requested by or on behalf 48
7474 of the owner or a tenant. 49
7575 (e) Disclosure of all previous uses of the property, 50
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8484 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
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8888 regardless of whether the property was occupied by the owner or 51
8989 a tenant. 52
9090 (f) Written assurance that the purchase or lease agreement 53
9191 is not binding until a certificate of use is awarded. 54
9292 (3) Any ordinance, rule, or other measure which requires a 55
9393 certificate of use shall terminate and expire within 1 year 56
9494 after the effective date of this act and may not be extended or 57
9595 renewed except by the adoption or maintenance in effect of a new 58
9696 ordinance, rule, or other measure meeting all the requirements 59
9797 of this section. 60
9898 Section 2. This act shall take effect July 1, 2023. 61