BILL SUMMARY DETAILS

CS/CS/HB 1281 (Buchanan) and CS/SB 1256 (Collins) prohibit a local government from enacting or enforcing an ordinance, resolution, rule, code or policy, or from taking any action that restricts or prohibits or has the effect of restricting or prohibiting the use of any major appliances, including stoves and gas grills. The bills exempt local government actions and regulations necessary to implement the Florida Building Code and the Florida Fire Prevention Code. (O’Hara)

SB 886 (Stewart) repeals a state law preemption of local government regulation of tree pruning, trimming or removal on residential property. (O'Hara).

SB 498 (Stewart) removes the state preemption of local government laws relating to auxiliary containers, wrappings or disposable plastic bags and removes the state preemption of local government laws relating to the use or sale of polystyrene products. (O'Hara)

CS/CS/HB 1379 (Steele) and CS/SB 1632 (Brodeur) impose new requirements and restrictions on local governments relating to pollutant load reduction, local government comprehensive plans, basin management action plans, onsite sewage treatment and disposal systems, mandatory connection to central sewer systems, septic system and wastewater treatment facility remediation plans and advanced waste treatment systems. 

Comprehensive Plans and Capital Improvements Schedule

Both bills require the comprehensive plan’s schedule of capital improvements to include a list of projects necessary to achieve the pollutant load reductions attributable to the local government pursuant to a basin management action plan. For groups of 50 or more parcels with a density greater than one septic system per acre, a local government’s comprehensive plan must consider the feasibility of providing sanitary sewer services within a 10-year planning horizon and identify the name of the intended wastewater facility could receive sanitary sewer flows after connection and a timeline for connection. 

Indian River Lagoon Protection Program

The bills establish this program within the Department of Environmental Protection, which consists of the various basin management action plans around the Indian River Lagoon. The Department water management districts, local governments and other stakeholders are directed to identify and prioritize strategies necessary to meet water quality standards. Beginning January 2024, the bills prohibit the installation of new septic systems for areas within the Program where central sewer is available. If central sewer is not available, only advanced nutrient-reducing onsite systems or distributed wastewater systems will be permitted. By July 2030, the bills require any existing septic system within the areas subject to the Program to connect to central sewer if available or upgrade to an advanced onsite system. 

Outstanding Florida Springs

HB 1379 requires a septic system remediation plan to be developed if septic systems are identified as contributors of nonpoint source nitrogen pollution, regardless of the percentage of contribution. Both bills prohibit the installation of septic systems where connection to central sewer is available. For lots of less than 1 acre where central sewer is not available, the bills require the use of advanced treatment onsite systems. 

Basin Management Action Plans

The bills specify additional required contents for basin management action plans, including a requirement that any entity with a specific pollutant load reduction requirement established in a plan identify the projects or strategies the entity will undertake to meet the plan’s current five-year milestone. Each project identified must include an estimated amount of nutrient reduction that is expected. The bills prohibit the installation of new septic systems within areas subject to a basin management action plan or reasonable assurance plan where connection to central sewer is available. In addition, the bills require the installation of advanced onsite septic systems on lots of 1 acre or less located within such areas if central sewer is not available. 

Wastewater Grant Program

The bills rename the Wastewater Grant Program in Section 403.0673, Florida Statutes, to the “Water Quality Improvement Grant Program” and expand the types of projects that reduce the amount of nutrients entering waters that are not attaining nutrient or nutrient-related standards, have an established TMDL, are located within a BMAP area or are within an alternative restoration plan area, or a rural area of opportunity. Expanded project types include: wastewater facility repair, projects to upgrade, construct or expand stormwater treatment facilities, wastewater reuse and collection systems, projects included in a septic system or wastewater facility remediation plan and projects listed in a city or county capital improvements element. The bills specify that funding priority must be given to projects most likely to achieve the maximum pollutant reduction. 

Advanced Waste Treatment

For facilities that discharge to specified waters and are required by current law to upgrade to advanced waste treatment by a specified date, the bill authorizes the Department of Environmental Protection to require even more stringent treatment standards of these facilities if necessary to achieve the total maximum daily load or applicable water quality criteria. In addition, beginning January 2033, waters that are not attaining nutrient standards or that are subject to a nutrient basin management action plan or reasonable assurance plan are subject to the requirement to upgrade to advanced wastewater treatment facilities. Finally, the bills provide that sewage disposal facilities may not dispose of any wastes in the following waters without providing advanced waste treatment within a 10-year period: a waterbody that does not attain nutrient standards after July 2023; a water body that is subject to a nutrient related basin management action plan after July 2023; or a waterbody that is subject to an adopted reasonable assurance plan after July 2023. (O’Hara)

SB 1472 (Bradley) and CS/HB 1361 (Truenow) amend the Florida Right to Farm Act. The definition of “farm” is amended to include the production of organic material, and the definition of “farm operation” is amended to include the collection, storage, processing and distribution of organic material products. Organic material is defined as vegetative matter resulting from landscaping maintenance or land clearing operations, including clean wood and materials such as tree and shrub trimmings, grass clippings, palm fronds, trees and tree stumps and associated rocks and solids. (O’Hara)

HB 1425 (Caruso) requires onsite sewage treatment and disposal systems to be inspected at least once every five years and directs the Department of Environmental Protection to administer the inspection program with a phased-in implementation plan that prioritizes areas within a basin management action plan. The inspection is to be paid by the system owner, and an owner would be required to take remedial measures if an inspection identifies a system failure. (O’Hara)

HB 361 (Robinson, F.) and SB 1712 (Jones) require a municipality that operates a water or sewer utility providing services to customers in another recipient municipality using a facility or plant located in the recipient municipality to charge customers in the recipient municipality the same rates, fees and charges it imposes on customers within its own municipal boundaries. (O'Hara)

CS/HB 1331 (Busatta Cabrera) substantially amends provisions of law relating to municipal water and electric utility extraterritorial surcharges, extraterritorial service and transfers of enterprise funds. The bill authorizes a municipal utility to transfer a portion of its earnings to the municipality for general government purposes. The revenues transferred to fund general government purposes may not exceed a rate equal to the amount derived by applying the average of the midpoints of the rates of return on equity approved by the PSC for investor-owned utilities in the state. The amount of the transfer must be further reduced based on the percentage of extraterritorial customers served by the utility. The bill eliminates the automatic 25% surcharge that may be added to the rates and fees charged to extraterritorial customers. (O’Hara)

SB 1380 (Martin) provides that any municipal electric utility serving any electric retail customer located outside of the municipality’s corporate boundaries is a “public utility” subject to regulation by the Public Service Commission (PSC) for a minimum of five years. The bill directs the PSC to develop rules for such regulation. (O’Hara)

HB 1167 (Duggan) and SB 1702 (DiCeglie) authorize the Department of Environmental Protection (DEP) and the water management districts if mitigation credits are not available in sufficient quantities to be sold or used to offset imminent adverse impacts within a mitigation service area, to release mitigation credits to a mitigation bank before the bank meets the mitigation success criteria specified in its permit if the bank has been successfully constructed and there is a high degree of confidence that the required ecological performance standards will be met. If mitigation credits are not available in a basin, the bills authorize DEP or water management districts to allow the use of mitigation credits available within surrounding basins. The bills specify that mitigation credits are unavailable within a basin if the party requesting credits submits an affidavit signed by the mitigation banks within the basin attesting that credits are not available. The bills authorize certain projects to use mitigation banks on a case-by-case basis regardless of whether they are located within a mitigation service area, if sufficient quantities of mitigation credits are not available to be sold or used to offset imminent and otherwise allowable adverse impacts within a mitigation service area. The bills require DEP to initiate rulemaking by August 2023 to implement the bill. (O’Hara).

HB 371 (Killebrew) and SB 910 (Burton) provide an exemption from surface water management and storage regulations for implementing certain projects for environmental habitat creation, restoration and enhancement activities, and water quality improvements on agricultural lands and government-owned lands. The bills remove current law requirements for the Department of Environmental Protection and water management districts to be notified of such projects. (O'Hara)

HB 1197 (Maggard) and SB 1240 (Burgess) prohibit counties and municipalities from adopting laws, regulations, rules or policies relating to water quality, water quantity, pollution control, pollutant discharge prevention or removal or wetlands, and preempt such regulation to the state. The prohibition does not apply to an interagency or interlocal agreement between the Department of Environmental Protection and any agency or local government and does not apply to any local government conducting programs relating to or materially affecting the water resources of the state. In addition, the prohibition does not apply to the authority of a county or municipality to regulate and operate its own water system, wastewater system or stormwater system. The bills require the Department of Environmental Protection to notify the Chief Financial Officer (CFO) of any violations of the preemption and authorize the CFO to withhold state-shared revenues from such county or municipality. (O’Hara)

HB 559 (Roth) and SB 928 (Stewart) extend the retirement date of bond issues to fund the Florida Forever Act. The bills revise distributions for various programs funded by the Land Acquisition Trust Fund. HB 559 specifies that the lesser of 40% or $350 million shall be appropriated annually to the Florida Forever Trust Fund. SB 928 specifies that the lesser of 40% or $300 million shall be appropriated annually to the Florida Forever Trust Fund. Both bills prohibit moneys distributed from the Trust Fund from being used for executive direction and support services by state agencies. (O'Hara)

HB 423 (Cross) and CS/SB 1538 (Stewart) would require septic tank owners to have the system inspected every five years and direct the Department of Environmental Protection to implement the inspection program. The bills require basin management action plans to include estimated pollutant load reductions that meet or exceed the amount of load reductions needed to meet the total maximum daily load requirements under the plan. The bills require the allocation of pollutant load reductions in a basin management action plan to consider projected increases in pollutant loading due to growth in population or agricultural activity and require the plan to provide strategies for mitigating or eliminating pollutant load increases for the life of the plan. They also require the Department of Environmental Protection to conduct assessments of projects included in a plan to determine whether the project is working as intended. CS/SB 1538 was amended to delete everything from the bill except for a requirement that each project listed in a basin management action plan with a total cost of $1 million be assessed and monitored by the Department to determine whether the project is working as intended. (O'Hara)

CS/SB 106 (Brodeur) and CS/HB 915 (Botana) authorize the Department of Environmental Protection to establish a program to recognize local communities located along or in proximity to one or more long-distance nonmotorized recreational trails as "trail towns." The bills revise provisions relating to the Florida Greenways and Trails Program. The bills authorize the Greenways and Trails Council to recommend priorities for regionally significant trails for inclusion by the Florida Department of Transportation in the Florida Shared Use Nonmotorized Trail Network. The bills revise the responsibilities of the Division of Tourism Marketing to include promotion of the Florida Greenways and Trails System and the Florida Shared-Use Nonmotorized Trail Network and to coordinate with the Office of Greenways and Trails to promote and assist local communities to maximize use of nearby trails as economic assets. They direct the Department of Transportation to give funding priority to specified trails and to ensure that local support exists for projects and trail segments. The bills authorize state agencies and local governments to obtain sponsorships from nonprofit or commercial entities and to use the sponsorship revenue for maintenance, signage, and amenities. CS/SB 106 passed the Senate (40-0) and the House (113-0). The bill is effective July 1, 2023. Chapter No. 2023-30. (O'Hara)

CS/CS/HB 847 (Stark) and CS/SB 1082 (DiCeglie) amend Section 403.813, Florida Statutes, which currently authorizes exemptions from certain state and local permitting requirements for floating vessel platforms and floating boat lifts under specified circumstances. CS/CS/HB 847 provides that structures associated with a dock or structures wholly contained within a boat slip that do not exceed 500 square feet (or 200 feet in an Outstanding Florida Water) as specified in Section 403.813(1)(s)2., Florida Statutes, create a presumption of compliance with certain environmental impact requirements of the Florida Department of Environmental Protection. The bills provide that local governments may require only a one-time registration of all other floating vessel platforms where the platform owner self-certifies compliance with the statutory exemption criteria to ensure compliance with ordinances, codes, state-delegated programs or regulations relating to building or zoning, which may not be applied more stringently or inconsistently with the exemption criteria of the statute. Finally, the bills add additional authority for municipalities and counties to adopt an ordinance establishing an idle speed, no wake boating-restricted area within the portion of the Florida Intracoastal Waterway within their jurisdiction under specified conditions.  The additional authority would allow for the adoption of idle speed, no wake boating-restricted areas within 500 feet of a sewage pump out facility at a public or private nonresidential marina on a waterway where the sewage pump out facility is within 100 feet of the marked portion of the Florida Intracoastal Waterway. (O'Hara)

SB 810 (Gruters) and CS/CS/HB 1151 (Amesty) amend Section 163.08, Florida Statutes, relating to Property Assessed Clean Energy (PACE) programs and financing. The bills expand the purpose of the program to include resiliency-qualifying improvements to commercial or residential property. The bills define commercial property to include multifamily, commercial, industrial, agricultural, nonprofit, long-term care facilities or government-commercial property. Government-commercial property is defined as real property owned by a local government and leased to a nongovernmental lessee. The bills expand the types of improvements to commercial property that are eligible for PACE financing to include energy conservation and efficiency improvements and resiliency improvements. The bills specify conditions for entering financing agreements with commercial properties and governmental-commercial properties. They clarify the changes made by the bill are prospective and do not affect or amend any existing non-ad valorem assessment or any existing interlocal agreement between local governments. (O'Hara)

HB 175 (Busatta Cabrera) and CS/CS/SB 192 (Avila) require comprehensive plans and plan amendments by a county defined in Section 125.011(1) or any municipality therein (i.e., Miami-Dade County and municipalities within the county), that apply to any land within, or within two miles of, the Everglades Protection Area (EPA) to follow the state-coordinated review process for state agency compliance review under Part II, Chapter 163, Florida Statutes, and requires the Department of Environmental Protection (DEP) to coordinate with the affected local governments on mitigation measures for plans or plan amendments that would impact Everglades restoration. The EPA consists of the three state-designated Water Conservations Areas (WCA-1, WCA-2 and WCA-3) as well as Everglades National Park. If DEP determines that any portion of a proposed plan or proposed amendment will adversely impact the EPA or Everglades restoration objectives, the local government must modify the plan or plan amendment to mitigate such impacts before adoption of the plan or amendment, or that portion of the plan or amendment may not be adopted. Plan amendments that apply to any land within, or within two miles of, the EPA must be transmitted to DEP within 10 days of the second public hearing on the amendment. Finally, the bills require a county subject to the bill and any municipality within that county to transmit a copy of any small-scale plan amendment to the Department of Economic Opportunity within 10 days after adoption. CS/CS/SB 192 passed the Senate (39-0) and is awaiting action by the House. (O'Hara)

HB 293 (Hinson) and SB 680 (Davis) would create the Energy Transition Task Force within the Department of Agriculture and Consumer Services to provide recommendations for fostering a fair and equitable transition of the state's energy infrastructure to renewable energy technologies within minority, underserved, rural and low-income communities. It directs the Task Force to submit a report with its recommendations to the Governor and Legislature by September 2024. (O'Hara)

SB 1238 (Rodriguez) and HB 1217 (Melo) prohibit local governments from imposing certain requirements and prohibitions relating to energy-savings or energy-producing factors. The bills provide that, except for the purpose of compliance with building and fire safety laws, a local government may not require that a particular design or type of material be used in the construction of a building due to the design’s or the material’s energy saving or energy producing qualities. In addition, the bills prohibit a local government from prohibiting the use of a particular design or type of material in the construction of a building due to the material’s or design’s energy saving or energy producing qualities. The bills prohibit a local government from requiring a building or structure be retrofitted with a particular device or type of material because of its energy-saving or energy-producing qualities. The bills prohibit a local government from prohibiting the purchase or use of vehicles based on the type of energy used. The bills state that a local government may not prohibit or restrict the sale, installation, or use of natural gas home heating equipment, home appliances, outdoor heating appliances, torches, lamps, or other decorative features, or outdoor grills or stoves. The bills specify the prohibitions do not apply to any requirement included in a procurement document used to procure goods or services, including the construction or design of buildings, to be owned and used by the local government. The bills clarify that local governments may adopt bid specifications for public works projects that include energy savings or energy production provisions. (O’Hara)