BILL SUMMARY DETAILS

HB 27 (Benjamin) and SB 1574 (Rouson) – Judgement Liens

SB 46 (Wright) – Health Insurance Cost Sharing

HB 477 (Rizo) and SB 1110 (Ingoglia) – Term Limits for School District School Board Members

HB 1491 (Altman) and SB 1666 (Wright) – Marine Encroachment on Spaceflight and Military Operations

HJR 129 (Roth) and SB 1410 (Gruters) – Requiring Broader Public Support for Constitutional Amendments or Revisions

HJR 131 (Rudman), HB 209 (Rudman) and SB 1066 (Collins) – Recall of County Commissioners

HB 137 (Nixon) and SB 1598 (Torres) – Department of Labor

HB 237 (Altman) and SB 286 (Powell) – Legal Instruments

HB 331 (Overdorf) and SB 624 (Grall) – Liens and Bonds

HB 655 (Trabulsy), SB 468 (Garcia) and SB 914 (Garcia) – Suicide Prevention

HB 743 (Fabricio) and SB 708 (Burgess) – Estoppel Letters

HB 751 (Stark) – Mobile and Manufactured Homes

HB 991 (Beltran) and SB 1220 (Brodeur) – Defamation, False Light, and Unauthorized 

Publication of Name or Likenesses

HB 1141 (Gottlieb) and SB 1174 (Polsky) – Resolution of Disputed Property Insurance Claims

HB 1129 (Plasencia) and SB 1458 (Yarborough) – Roller Skating Rink Safety

HB 1299 (Daley) and SB 1344 (Bradley) – Payments for Health Care Providers and Surgical Procedures Under Workers' Compensation

HB 1347 (Truenow) and SB 1400 (Martin) – County Constitutional Offices

HB 1373 (Fernandez-Barquin) and SB 1490 (Garcia) – County Constitutional Officers

HB 1551 (Berfield) and SB 1370 (Ingoglia) – Wind-borne Debris Region

HB 1529 (Roth) and SB 1678 (Calatayud) – Agricultural Property Classification

HB 1617 (Michael) and SB 1718 (Ingoglia) – Unlawful Immigration

SB 1704 (DiCeglie) – Commercial Motor Vehicle Insurance

SB 1686 (Wright) and HB 1489 (Altman) – Designation of Brevard Barrier Island Area of Critical State Concern

SB 2504 (Appropriations) – State Employees

SB 304 (Boyd) and HB 1239 (Griffitts) – United States-produced Iron and Steel in Public Works Projects

HB 529 (Mooney) and SB 322 (Gruters) – Natural Gas Fuel Taxes

HB 665 (Roth) – Workforce Housing Communities

HB 597 (Lopez) – Operation of Electric Bicycles and Motorized Scooters

HB 941 (Busatta Cabrera) and SB 942 (Calatayud) – Authorization of Restriction Concerning Dogs

HB 1397 (McClure) and SB 1532 (Burgess) – Regional Transportation Planning

HB 49 (Driskell) and SB 430 (Driskell) – Abandoned and Historical Cemeteries

HB 275 (Daley) – Pari-mutual Wagering

HB 269 (Caruso) and SB 994 (Calatayud) – Public Nuisances

HB 493 (Antone) and SB 548 (Davis) – Applicants for Licensure as a Medical Marijuana Treatment Center

SB 554 (Gruters) – Medical Treatment of Animals

HB 745 (McFarland) and SB 1418 (Bradley) – Emergency Communications

HB 701 (Bell) and SB 760 (Perry) – Wreckers and Towing-Storage Operators

HB 67 (Gottlieb) and SB 174 (Polsky) – Obscene or Harassing Telephone calls 

HB 865 (Valdes) and SB 1722 (Rouson) – Public Food Service Establishments 

SB 932 (Book) and HB 381 (Waldron) – Animal Welfare

SB 1576 (Torres) – Legalization of Medical Marijuana

CS/HB 337 (McFarland) and SB 352 (Burgess) provide that 911 public safety telecommunicators and crime scene investigators are eligible for workers' compensation benefits for post-traumatic stress disorder, which is currently provided only to first responders. The bills specify that the time for notice of an injury or death in a compensable post-traumatic stress disorder claim must be properly noticed within 52 weeks after the qualifying event or the diagnosis of the disorder, whichever is later. (Cruz)

CS/CS/HB 645 (Brackett) and CS/CS/SB 908 (Rodriguez) remove the requirement on local governments to apply to the Federal Aviation Administration in order to restrict or limit the operations of drones in close proximity to infrastructure or facilities owned or operated by the local government. CS/CS/HB 645 passed the House (114-0) and is awaiting action by the Senate. (Branch)

SB 438 (Rodriguez) clarifies current law to ensure that law enforcement agencies may tow a motor vehicle from the scene of the incident to their storage facility in lieu of the wrecker operator’s storage facility. Current law prohibits a law enforcement agency from placing a hold on a motor vehicle within a wrecker operator’s storage facility for more than five business days If a law enforcement agency does tow a vehicle to their own facility, the agency may not release the vehicle to the owner or lienholder until proof of payment of the towing and storage charges incurred by the wrecker operator are presented to the agency. If the agency releases the vehicle without proof of payment, they are liable for the charges. The bill also preempts to the state the regulation of claiming a lien for the recovery, removal, towing or storage of a vehicle or vessel, including the notification of fees. (Taggart)

CS/CS/HB 415 (Porras) and CS/CS/SB 752 (Calatayud) preempt local governments from regulating temporary commercial kitchens as it relates to licensing, permits and fees. This mimics the current regulatory structure for food trucks. The bills define a “temporary commercial kitchen” as any kitchen that is a public food establishment used for take-out or delivery meals housed in a portable movable structure that includes self-contained utilities. A temporary commercial kitchen that is operated on the same premises and by a separately licensed public food service establishment may operate during the same hours of operation as the separately licensed public food service establishment. The bills do not affect a local government’s authority to regulate the operation of a temporary commercial kitchen other than what is proposed in the bills. The bills include timeframes for how long a temporary commercial kitchen can operate in a location. If the kitchen is used to supplement an existing restaurant kitchen, they may operate for 60 consecutive days; during a period of renovation or repair, they may operate for 120 days; and for all other circumstances, they may operate for up to 30 days. The amendment also requires the temporary commercial kitchen to operate on site or reasonably nearby an existing restaurant if used for supplementary purposes. (Taggart)

CS/CS/SB 262 (Bradley) and CS/HB 1547 (McFarland), of importance to municipalities, the bills prohibit officers or employees of a governmental entity from using their position or state resources to communicate with a social media platform for purposes of content moderation. This prohibition does not apply if the entity or individual is performing routine account management of the entity’s account, attempting to remove content if it pertains to a crime or a violation of the state’s public records law, or for law enforcement or public safety purposes. The bills also preempt the collection, processing, sharing or sale of consumer personal information by a controller or processor to the state. (Taggart)

CS/HB 295 (Caruso) and CS/SB 210 (Harrell) close a loophole in current law. The bills require day or night community housing addiction treatment centers to be certified by the Florida Association of Recovery Residences. The bills also prohibit the use of marijuana on the premises of the residences in order to obtain licensure. The bills also clarify that anyone discharged from a recovery residence who refuses to leave may be charged with trespassing in lieu of an eviction proceeding. CS/SB 210 passed the Senate (39-0) and is awaiting action by the House. (Taggart)

CS/SB 704 (Boyd) and CS/CS/HB 783 (Caruso) create the Statewide Council on Opioid Abatement for the purpose of coordinating state and local efforts. Members of the council must review how settlement monies recovered from the opioid litigation brought by the state and political subdivisions have been spent and the results that have been achieved from such expenditures. The Florida League of Cities would have two appointments to the council. (Taggart)

HB 1303 (Snyder) create the Substance Abuse and Mental Health Treatment and Housing Task Force within the Department of Children and Families. The bill directs the task force to study issues related to the regulation of treatment providers and the impact of current regulations on the site selection of community residential homes and provide recommended changes. The bill directs the task force to conduct a statewide review of zoning codes to determine the effect of local regulations. The bill exempts all certified recovery residences from state and local zoning laws or ordinances, including all requirements included in Chapter 419, Florida Statutes, which do not apply to all other single-family and multifamily dwellings from July 1, 2023, until July 1, 2026, while the study is conducted. The task force would be required to submit all findings and recommendations to the Department of Children and Families by December 31, 2024. Any future changes to provisions relating to recovery residence credentialing would be adopted by department rule beginning October 1, 2023, rather than legislatively. CS/SB 1010 (Gruters) was substantially amended to remove the creation of the Substance Abuse and Mental Health Treatment and Housing Task Force and also removes the three-year exemption from local zoning laws and ordinances. (Taggart)

SB 740 (Brodeur) creates the Statewide Blue Ribbon Task Force on County Realignment within the Department of Economic Opportunity. The task force will study and evaluate the effectiveness, efficiency and value of realigning county boundaries in the state. This task force will be comprised of key stakeholders, including one representative from the Florida League of Cities. (Cruz)

HB 849 (Killebrew) and SB 800 (Wright) would prohibit for-profit businesses from selling domestic cats and dogs. The bills do not prohibit a city or county from adopting an ordinance on the sale of animals that is more stringent than the bill. (Taggart)

HB 317 (McFarland) and CS/SB 388 (Bradley), of concern to municipalities, would preempt the regulation of sales or resale of tickets to the state. (Taggart)

HB 397 (Tuck) allows local governments to meet in private with legal counsel, during the 90-day notice period, to discuss claims concerning the Bert Harris Act and private property rights. Transcripts of these private meetings will be made a part of the public record upon settlement of a claim or when the statute of limitation has expired if there is no litigation or settlement. (Cruz)

CS/CS/SB 258 (Burgess) and CS/CS/HB 563 (Amesty) prohibit employees of governmental entities from downloading or accessing prohibited applications on government-issued devices. The bills also direct governmental entities to block all prohibited applications on any wireless device or network they operate. The bills direct the Department of Management Services (DMS) to compile and maintain a list of prohibited applications and publish the list on its website. Both bills clarify that these provisions do not apply to law enforcement officers if the use of these applications is necessary for public safety or to conduct an investigation. A public employer may also request a waiver from DMS to use a prohibited application. CS/CS/SB 258 passe the Senate (38-0) and is awaiting action by the House. (Taggart)

CS/HB 617 (Lopez, V.) and CS/SB 694 (Gruters) require that owners and operators of private property used for motor vehicle parking must have a physical location in Florida, establish parking fees that are equal to that of the local governments and have posted signage that is clearly visible to those parking. Additionally, the bills remove a preemption in current law that prohibits local governments from regulating private parking lots. The bills were amended significantly to remove the provision requiring the owner or operator of a private parking lot to have a physical presence in the state and remove the limitations on what rates the operator may charge. Additionally, the amendment does not remove the current preemption in law but limits the preemption to local regulations on the rates that may be charged by a private parking lot. (Taggart)

HB 519 (Edmonds) and SB 530 (Polsky) would repeal the preemption on the regulation of tobacco and nicotine products. (Taggart)

CS/CS/SB 250 (Martin) and CS/HB 7057 (Giallombardo) are bills dealing with natural emergencies that impact the state. Of interest to cities, the bills do the following:

Building Permits and Contracts

•Require the Division of Emergency Management to post on its website a model debris removal contract for the benefit of local governments. 

•Encourage local governments to create emergency financial plans in preparation for major natural disasters.

•Authorize local governments to create specialized building inspection teams following a natural disaster and encourage interlocal agreements for additional building inspection services during a state of emergency. 

•Require local governments to expedite the issuance of permits following a natural disaster.

•Prohibit counties and municipalities located in areas designated in the Federal Emergency Management Agency disaster declaration for Hurricane Ian or Hurricane Nicole from increasing building fees before October 1, 2024. This preemption expires on June 30, 2025. 

•Prohibit counties and municipalities within 100 miles of landfall of Hurricane Ian or Hurricane Nicole from proposing or adopting a moratorium on construction, reconstruction or redevelopment of properties damaged by these storms. The bill provides that public utilities are not liable for damages based in whole or in part on changes in the reliability, continuity or quality of utility services that arise out of an emergency or disaster.

Tolling and Contractors

•Increase the extension of certain building permits following a declaration of a state of emergency from six to 24 months and cap such extension at 48 months in the event of multiple natural emergencies.

•Allow registered contractors to engage in contracting for the types of work covered by their registration within areas for which a state of emergency has been declared. This authorization terminates 24 months after the expiration of the declared state of emergency. 

•Provide that the tolling and extension of permits and other authorizations under a declared state of emergency apply retroactively to September 28, 2022.

Zoning and Funding

•Provide that counties and municipalities cannot prohibit a resident from placing a temporary residential structure on their property for up to 36 months following a natural emergency under certain circumstances.

•Prohibit counties and municipalities within the disaster declaration for Hurricane Ian or Hurricane Nicole from adopting more restrictive procedures for proposing amendments to its comprehensive plan or land development regulations or for issuing a development permit or development order before October 1, 2024.

•Make the Local Government Emergency Bridge Loan Program a revolving program and make funds available for local governments impacted by federally declared disasters until July 1, 2038. 

CS/CS/SB 250 passed the Senate (39-0). The bill was amended and passed the House (109-4) and will now bounce back to the Senate for approval. (Branch)

CS/CS/SB 718 (Yarborough) and CS/HB 653 (Canady) specify that before starting annexation procedures, a local government shall prepare a feasibility study for the proposed area. To provide needed clarification on the process of contraction, the bills require a city to get permission from at least 50% of owners in an area proposed to be de-annexed when more than 70% of the land is owned by individuals, corporations or legal entities. "Contraction" means the reversion of property within municipal boundaries to an unincorporated status. Currently property owners who are not registered to vote from the property from the land in question have no voice in this process. The goal of the legislation is to prevent situations where a small group of property owners has requested a contraction of a large area of land and most of the land in question is owned by a property owner who is opposed to the contraction but is not registered to vote from the parcels in question. CS/CS/SB 718 was amended in the Senate Rules Committee to include the substance of CS/CS/HB 41, which prohibits local governments from requiring an initiative and referendum process for amendments to land development regulations. CS/CS/SB 718 passed the Senate (35-4) and is awaiting action by the House. (Cruz)

CS/SB 1096 (Martin) and CS/HB 1607 (Black) provide that any person or entity that damages, defaces, destroys or removes an existing monument or memorial will be civilly liable for the costs to return, repair or replace the monument or memorial unless the person was authorized or the entity was the owner. The bills provide legal standing to any resident of this state to bring a civil action against any person or entity for damaging a monument or memorial displayed on public property. The bills clarify that these provisions do not prevent an agency from relocating a monument or memorial when necessary for the construction, expansion or alteration of publicly owned buildings, roadways or other transportation projects. The agency must relocate the monument or memorial to a site of similar prominence, honor and visibility within the same jurisdiction. (Taggart)

CS/CS/SB 1570 (Hooper)/HB 1625 (Mooney) and SB 1584 (Perry)/CS/HB 1383 (Trabulsy) would allow municipalities to impose certain occupational licenses if the local government imposed a licensing requirement before January 1, 2021. HB 1383 prohibits a local government from requiring a license as a prerequisite to submit a bid for public work projects if the work to be performed does not require a license under general law. The bills change the expiration of local government occupational licenses to July 1, 2024. (Branch)