ADVOCACY

Industry Advocacy

As it is on the national level, NAIOP on the local and state level is a leading advocate for legislative matters that impact the commercial real estate industry.

Through NAIOP Florida , a partnership of Florida’s five NAIOP chapters, the organization is deeply involved at all levels of policy-making and regulatory watch-guarding to ensure passage of reasonable regulations and taxation of commercial real estate.

As the recognized leader for commercial real estate, NAIOP furthers the industry’s public policy agenda by actively working with elected officials on a myriad of legislative issues.

Through the efforts of our dedicated local and state teams and NAIOP Florida’s Political Action Committee , we have successfully orchestrated effective representation at the State Capitol and before regulatory agencies, making NAIOP a frequent and influential voice for commercial real estate.

NAIOP South Florida holds two seats on NAIOP Florida’s 10-member board, which sets and enacts an annual legislative agenda at the direction of local chapters and members. Presently, NAIOP South Florida leads this state coalition.

Legislative Issues Agenda

Support Roll Back of Business Rent Tax (BRT)

Florida is the only state that assesses sales tax on commercial leases. It does so on base rent plus CAM, which includes levying sales tax levy on top of property taxes. Since 2018, NAIOP and its strategic coalition of partners, including the Florida Chamber of Commerce, have successful won annual reductions to BRT, delivering $150 million in tax cuts to commercial real estate occupants. NAIOP supports a gradual, but full repeal of BRT as necessary to keep Florida’s business climate competitive. It is estimated that the state collects $1.65 billion annually in BRT.

Delivered Simplification of Commercial Lease Execution in the COVID-19 era

Effective July 1, 2020 witness requirements for commercial leases are nullified, allowing for the full electronic digitization of the lease execution process in Florida, which was one of seven states still mandating lease witnessing. NAIOP, worked quickly and effectively in partnership with other real estate and legal organizations to win passage of HB 469, which went into effect as the pandemic was baring down on Florida’s commercial real estate sector. The law allows for easy electronic transmission and execution of critical lease documents between tenants and landlords.

Oppose Linkage Fees and Unreasonable Cost Mandates on Commercial Development

Facing a wave of onerous and costly local government mandates for commercial and mixed-use developers to help fund the cost of providing affordable housing within jurisdictions statewide, NAIOP supported, advocated for and helped deliver two major pieces of sensible pro-development legislation in the 2019 and 2020 sessions of the Florida Legislature. Together HB 7103 and HB 1339 reign in cost disparities that disproportionately are levied on commercial projects by local governmental bodies through inclusionary zoning and linkage fee mandates. The new bills require a full offset of costs by any governing body of additional costs heaved on commercial projects for affordable housing. The new offset standards allow for this offset to be achieved through development incentives including:

density or intensity bonus incentives or more floor space than allowed under the current or proposed future land use designations.
reducing or waiving fees, such as impact fees or water and sewer charges

NAIOP South Florida through its local Legislative Affairs Committee also proactively engages with regional lawmakers and law-making bodies to affect sensible policy and the passage of fair commercial real estate legislation.

For more information or to get involved please contact us.