New Law Puts Limits on HOAs & Property Insurance Market Sees Improvement as Hurricanes Loom
July 11, 2024 — This Week's Top Stories in Florida
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Here’s the latest from Florida…
New HOA Law Limits Control Over Homes and Fines
Homeowners living in homeowners associations (HOAs) have been granted more freedom and control over their properties as Florida’s new law, HB 1203, took effect on July 1. The measure places significant restrictions on HOAs’ authority, seeking to rein in episodes of association boards abusing their power and taking punitive or predatory enforcement action on neighbors. In an effort to make communities more hospitable, highlights of the legislation limiting HOAs’ control over homes and fines include:
Prohibiting homeowners’ associations from issuing a fine or suspension for leaving garbage cans at the curb for less than 24 hours before or after trash collection day.
Leaving holiday decorations or lights up for less than a week after a notice of violation is issued.
Allowing a personal or non-commercial work vehicle in the property owner’s driveway or in any other area where they would otherwise be permitted to park.
Allowing homeowners to invite or use a contractor or worker at their property, even if the worker is not on the HOAs preferred vendor list or does not possess a professional or occupational license.
Allowing homeowners to conduct AC and ventilation work without prior HOA approval.
Preventing the ban of vegetable gardens or clotheslines if they are not visible from the street or a neighbor’s property.
Compelling fines, suspensions, and liens issued by boards to be reviewed before a committee, requiring a 14-day written notice to the property owner of their right to a hearing.
Providing written violation findings to property owners within seven days of a violation hearing, fine due date, or suspension action.
Prohibiting attorney fees and costs to be assessed on property owners for actions taken by the board before the fine due date.
Mandating certain HOA records be posted online for increased transparency.
About 45% of Florida’s 8.6 million homes are part of a homeowner association, according to the Foundation for Community Association Research. This is the highest percentage in the nation, with homeowners paying an average monthly fee of $389.
Property Insurance Market Sees Improvement as Hurricanes Loom
The past two years of legislative reforms by Florida lawmakers have resulted in modest improvements in the state’s property insurance market, specifically reinsurance market conditions have stabilized. Reinsurance is crucial for property insurers to hedge against risks, but as the state prepares for an above-normal hurricane season, a single costly storm could upend progress and result in higher premiums for insurers, once again passing these costs to homeowners. Earlier this year, insurers were met with lower prices and greater availability in reinsurance coverage following several years of double-digit rate increases. However, as storm forecasts released this spring projected a busy Atlantic hurricane season with four to seven major cyclones predicted, prices inched up and reinsurance options dwindled. Costly reinsurance purchased by insurance companies has been a major contributor to Florida’s insurance market woes, which has led to homeowners losing coverage or facing steep premium upswings. In May 2022, the state legislature agreed to provide $2 billion in additional reinsurance coverage to insurers, complementing Florida’s Hurricane Catastrophe Fund which provides up to $17 billion in supplemental coverage if needed.
Supreme Court Decision Leaves Questions About Florida's Abortion Law Unanswered
The U.S. Supreme Court's dismissal of a case regarding emergency abortions in states with restrictions leaves uncertainty for women and healthcare providers in Florida. Though the specific decision allows women in Idaho to access emergency abortions for now, the court did not address whether state abortion restrictions, such as Florida’s six-week ban, conflict with the federal Emergency Medical Treatment and Active Labor Act, requiring anyone seeking emergency care to be stabilized and treated regardless of insurance status or ability to pay. Florida's six-week abortion ban includes exceptions for health reasons if two doctors approve, or in emergencies. Still, opponents argue that the state law has led to women being denied necessary care. The court's lack of a ruling on the case itself means that doctors in Florida and other states with similar restrictions still face ambiguity on when emergency abortions are permissible, including whether the federal government’s requirements preempt state abortion bans.
Florida Housing Market Slowdown Prompts Concerns for Builders
The recent slowdown in Florida's housing market, characterized by falling prices, an influx of resale inventory, and a surge in "stale" listings, has prompted concerns for builders such as Lennar and D.R. Horton. Citigroup's downgrade of both companies, alongside Raymond James Financial’s lowered outlook for Lennar, reflects a cautious stance on the market's future. Factors contributing to the sluggishness include rising home insurance premiums, high property taxes, mortgage rate uncertainty, and the addition of newly built homes to the state’s housing stock. The number of homes for sale in Florida is up 40 percent compared to last year and the number of newly listed homes rose 12.5 percent year-over-year, according to Redfin’s latest data. Nearly 12 percent of homes in Florida sold above list price in May, a four-point drop from May 2023.
457 Traffic Stops, 32 Arrests in Tampa Bay Street Racing Crackdown
In a multi-agency crackdown dubbed "Operation Keep Our Streets," the Florida Highway Patrol (FHP) announced the arrest of 32 individuals for street racing on Tampa-area bridges. Focusing on the Gandy Bridge and Courtney Campbell Causeway – two locations with a long-standing reputation for attracting speeding motorists – the operation involved 457 traffic stops, resulting in 162 citations, 295 warnings, five DUI arrests, and 18 criminal citations. The operation follows the implementation of Senate Bill 1764, which passed the state legislature overwhelmingly this year, increasing penalties and maximum fines for street takeovers, drag racing, stunt driving, contests, or exhibitions. Agencies from Hillsborough and Pinellas counties participated in the operation, along with the state highway patrol and the county sheriff’s offices, aiming to curb reckless driving and enhance road safety.
Disney World Introduces Disney Genie+ with New Lightning Lane Reservations
Walt Disney World is updating its Disney Genie+ planning service and Lightning Lane system beginning July 24. The changes include renaming Genie+ to Lightning Lane Multi Pass, while individual Lightning Lane purchases become Lightning Lane Single Pass. The new system will allow guests to make attraction reservations days in advance of their arrival, skipping the standby line and spending less time waiting for select rides and experiences. Those staying at Disney World resort hotels can sign up for passes up to seven days in advance, while other visitors can book three days ahead. The updates will allow reservations to be secured for multiple days with options to purchase single and multi passes in a single transaction. Prices remain unchanged and vary by date, theme park, and attraction.
DeSantis Rejects U.S. Surgeon General's Gun Violence Advisory
Gov. DeSantis has stated that the state “will not comply” with U.S. Surgeon General Vivek Murthy's advisory declaring gun violence a public health crisis, citing gun violence as the leading cause of death for American children. Murthy's recommendations call for a comprehensive approach to address firearm-related deaths and injuries, including universal background checks, a ban on assault weapons, and increased funding for mental health resources. He also called for stricter regulations on the gun industry, but the surgeon general cannot enforce or implement any such suggestions that require legislative approval. DeSantis has argued that such measures would violate the Second Amendment, criticizing Murthy for weaponizing the “‘public health’ bureaucracy.”
Groups Prepare to Challenge Florida's School Chaplain Law in Court
Legal challenges loom over Florida's new law allowing public schools to bring volunteer religious chaplains on campus to counsel students. The law, effective this week, permits but does not require school boards to implement the program. Several groups, including The Satanic Temple, plan to sue if districts adopt the program, arguing it infringes on the separation of church and state. Critics argue the state should not mix religion with public education, while supporters highlight parental choice. Many school districts have stated they do not plan to implement the measure over concerns of logistical challenges, chaplain qualifications, and the potential for controversial groups to enter schools. School officials also say implementing the new law could expose them to legal complications about who is welcome on campus to provide counseling. After DeSantis signed the law, The Satanic Temple announced they would provide chaplains to schools, which resulted in the governor responding that the group is "not a religion" and would not be permitted to do so.
Settlement Reached in Piney Point Wastewater Disaster
Three years after the Piney Point disaster, Florida has settled a lawsuit with environmental groups. Florida environmental regulators and advocacy groups reached an agreement that requires the state to obtain a Clean Water Act permit intended to prevent future pollution disasters at the site. The state will also be compelled to pay $75,000 for water quality monitoring around the Manatee County area. The Piney Point phosphate plant has been operating without a Clean Water Act permit for over 20 years, and its closure, initially estimated for December 2024, is now expected to be completed by mid-2025. The 2021 incident released 215 million gallons of polluted water into Tampa Bay, causing significant ecological damage that included a likely red tide outbreak and massive fish kills. The state has pledged to improve transparency and comply with enforceable oversight at Piney Point.
Federal Judge Halts Biden Administration's Health Care Rule in Florida
A federal judge in Tampa has blocked a new Biden administration healthcare rule aimed at protecting transgender individuals from discrimination in healthcare programs that receive federal funding. The federal rule, which was set to take effect last Friday, conflicts with Florida's restrictions on transgender treatments like hormone therapy and puberty blockers. The preliminary injunction granted by U.S. District Judge William Jung was issued on the grounds of potential harm to state agencies and healthcare providers who would have to choose between violating Florida law or the new rule. The preliminary injunction only applies in the state. In May, after the rule was finalized, the state filed a lawsuit against the federal government for extending sex-based discrimination protections to also apply to gender identity.
Fire Trucks to Adopt Blue Rear Lights for Safety
Fire trucks in Florida will soon feature blue rear lights in addition to the standard red tail lights. A unanimous bill passed during the previous legislative session allows government-owned fire department vehicles weighing more than 12 tons to display rear-facing blue warning lights. Research indicates that blue lights are the most visible at night, improving safety for firefighters and other first responders. Several local governments, including Weston, have already started using blue rear lights, a move supported by multiple fire and law enforcement associations. Previously, only police and correctional vehicles were allowed to display blue lights.
St. Petersburg City Council’s New Requirements for Historic Gas Plant District
As the St. Petersburg City Council continues to mull over redevelopment plans for the $6-billion Historic Gas Plant District, officials have requested several changes they would like to have incorporated into the 86-acre site. The revised agreements mandate a 10,000-square-foot grocery store by 2045 and a minimum 2,500-square-foot daycare or childcare facility by 2035. The City Council also gained more control over development, which included adding guarantees that the strongly supported proposal of constructing 600 affordable housing units on-site would be realized. Council members will vote on the series of agreements on July 18 which will encompass $291.5 million in bond sales for the Tampa Bay Rays’ new $1.4-billion stadium. Approval of another $140 million in bonds would have to be decided on by city leaders for infrastructure site work as part of St. Pete’s initial funding pledge for the massive project.
University of Florida Suspends Arrested Pro-Palestinian Protesters
The University of Florida has suspended seven students arrested during pro-Palestinian protests on campus, with lengths ranging from three to four years. The new dean of students, Chris Summerlin, overruled recommendations by a body of faculty for lighter punishments, including probation and one-year suspensions. The students were among nine arrested on April 29 during a pro-Palestinian demonstration that turned violent. The disciplinary hearings were conducted in secret, with outcomes only disclosed by the students themselves due to federal privacy laws. The students, who remain banned from university property, have submitted appeals to overturn their punishments.
Hillsborough State Attorney Removed from Office Urges Federal Court for Reinstatement
Ousted Hillsborough State Attorney Andrew Warren is urging a federal appeals court to expedite a ruling that could reinstate him for the remainder of his second term. Gov. DeSantis removed Warren from office in 2022 for neglecting to prosecute certain low-level crimes and signing public pledges not to go after abortion or transgender healthcare cases. He argues his ouster was politically motivated and illegal. Last year, a U.S. district court judge ruled that DeSantis violated the Florida Constitution and First Amendment by suspending Warren, but concluded the federal court lacked authority to reinstate him. On appeal, a three-judge panel disagreed with the conclusion and sent the case back to the lower court, which has been delayed after the governor’s attorneys asked for a rehearing by a full panel of judges. Warren's attorneys claim the stalled appeals case is unjust and hinders the results of a free election. The former Hillsborough state attorney, a Democrat, is currently running for election against Suzy Lopez, a former county court judge appointed to replace Warren.
Parkland School Shooting Site Demolished
The demolition of the Parkland school building, where 17 were killed in the 2018 shooting, is complete. The 1200 building at Marjory Stoneman Douglas High has been cleared and the land is being prepped for sod until future plans are determined. One proposed idea is transforming the site into a "legacy field" for sports or band practices that honors the students and staff who lost their lives. The building was left untouched to serve as evidence at the perpetrator’s 2022 penalty trial, in which he was sentenced to life in prison without parole.
Pinellas Suncoast Transit Authority (PSTA) Receives $27.8M Federal Grant for Electric Buses
The Pinellas Suncoast Transit Authority (PSTA) has secured $27.8 million from the U.S. Department of Transportation to buy 12 electric or hybrid buses and the necessary depot chargers. This grant, part of President Biden’s Bipartisan Infrastructure Law, aims to modernize transit with cleaner, quieter vehicles by replacing older diesel buses. PSTA’s award is the largest in Florida and is among 117 projects funded nationwide through the Low- and No-Emission Grant program, promoting reduced air pollution and advancing climate goals, including the Biden administration’s zero emissions goal by 2050. Currently, PSTA has a fleet of 12 electric and 92 hybrid buses.
Tampa’s Famous Wright's Gourmet House Sold
Beloved Tampa deli and bakery Wright’s Gourmet House, has been sold to Caspers Company, a third-generation family-owned local business run by siblings Blake Casper and Allison Casper Adams. Despite the change in ownership, the popular restaurant's menu of sandwiches and cakes will remain the same. Former owner Jeff Mount, who ran the restaurant since 1981, expressed confidence in the new owners and their commitment to preserving the restaurant's legacy which has been a South Tampa staple since 1963. The Caspers operate the hospitality company Oxford Commons, which includes Oxford Exchange, The Current Hotel, and St. Petersburg’s The Library.
"Welcome to the Free State of Florida"
Travelers entering and exiting Florida will be greeted by new "Free State of Florida" welcome signs, installed by the Florida Department of Transportation along major roadways. The exit sign to motorists reads, "Hurry Back to the Free State of Florida.”
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