BILL SUMMARY DETAILS

SB 1548 (Gruters) prohibits the Department of Transportation from assigning or transferring its permitting rights across transportation rights-of-way operated by the Department to a third party or governmental entity that does not operate the transportation right-of-way. The bill amends Section 337.403, Florida Statutes, to prohibit permitting authorities from requiring a utility within a public road operated by the authority to be relocated on behalf of certain other third party or governmental agency project related to a separate public or private road or corridor. The bill requires the Public Service Commission to approve targeted storm reserve amounts for public utilities and provides for reserve requirements and base rate adjustments. It requires the Department of Commerce to expand categorical eligibility for the low-income home energy assistance program to include individuals who are enrolled in certain federal disability programs. It directs the Public Service Commission to conduct a feasibility study on the use of small modular nuclear reactors in the state and to submit a report to the Legislature. (O’Hara)

HB 163 (Gossett-Seidman) and SB 608 (Rodriguez) direct the Department of Environmental Protection to require, as a condition of a permit issued for the maintenance dredging of deepwater ports and for beach restoration projects, that any adverse impact analysis conducted for the activity be conducted by an independent contractor selected by the local government and in a manner prescribed by the Department. The bill specifies the independent contractor may not be associated with certain projects for one year prior and for one year after commencing the impact analysis. The bill also requires a local government to provide notice of its intent to conduct an analysis to adjacent local governments that may be affected by the activity. The bill’s requirements do not apply to any port dredging currently permitted or maintained by the U.S. Army Corps of Engineers. The bill specifies fines for violations of its requirements. (O’Hara)

CS/SB 1386 (Calatayud) and CS/HB 1557 (Chaney) amend current law provisions relating to aquatic preserves, resilience, onsite sewage treatment and disposal systems (septic systems) and wastewater treatment facilities. The bills authorize the Department of Environmental Protection (DEP) to enter and inspect any property (except a private residence) that has a septic system to ascertain compliance with applicable regulations. In addition, the bills require all wastewater treatment facilities to prepare a reuse feasibility study and to implement reuse to the extent feasible. The bills also require wastewater treatment facilities that provide reclaimed water within a basin management action plan area to meet advanced waste treatment standards. The bills direct water management districts and DEP to develop rules to promote reclaimed water and encourage potable water offsets that produce significant water savings. The bills authorize extended permits for permittees that propose a water supply or water resource development project that uses reclaimed water. The bills expand criteria for grant eligibility under the Resilient Florida Grants Program and expand the types of projects that can be submitted by local or regional entities for inclusion in the Statewide Flooding and Sea Level Rise Resilience Plan. In addition, the bills require vulnerability assessments to use data from the Florida Flood Hub that is certified by the Chief Resilience Officer. CS/HB 1557 passed the House (119-0) and is awaiting action by the Senate. (O’Hara)

CS/SB 1692 (Brodeur) and HB 1665 (Gossett-Seidman) establish the PFAS and 1,4-dioxane pretreatment initiative within the Department of Environmental Protection (DEP) for the purpose of coordinating wastewater facility industrial pretreatment programs. The bills require wastewater facilities with an industrial pretreatment program to: (1) By July 2025 complete and provide to DEP an inventory of industrial users to identify probable sources of PFAS or dioxane;

(2) Before March 2025, provide notice to DEP of any industrial user that has been initially identified by the inventory as a probable source of PFAS or dioxane discharges. The notice must inform industrial users that they may become subject to pretreatment standards and requirements; (3) Submit to DEP a final inventory of industrial users that are subject to pretreatment standards and requirements and notify the users that they may be subject to enforcement action by July 2026; (4) Issue a permit, order or other measure to enforce applicable pretreatment standards; and (5) By July 2027, sample each industrial user’s facilities and other at-risk sites. If the sample is above discharge limits, the wastewater facility must implement corrective action to reduce levels of PFAS or dioxane at the user’s facilities or other at-risk sites. Beginning July 2026, the bills establish specified discharge limits for PFAS and dioxane for industrial users until new discharge limits are adopted by DEP. The bills provide that before July 2027, an entity may not be subject to civil or criminal penalties for violations of the bills’ requirements. After July 2027, the bills direct DEP to consider the financial situation and costs of corrective actions for each wastewater facility that may be out of compliance with its permit or order when considering enforcement action for violations of pretreatment standards or violations of water quality standards. (O’Hara)

SB 198 (Avila) and HB 245 (Fabricio) specifies a ground vibration limit for construction materials mining activities within 1 mile of residentially zoned areas, which may not exceed .15 inches per second. It authorizes the State Fire Marshal to modify the standards, limits and regulations for the use of explosives in connection with construction materials mining activities within 1 mile of residentially zoned areas, which may include the temporary cessation of blasting. (O’Hara)

SB 36 (Stewart) and HB 455 (Casello) require the Department of Environmental Protection to develop a comprehensive waste reduction and recycling plan by July 2025, based on recommendations from the Department's 2020 75% Recycling Goal Final Report. The bill also requires the Department to convene a technical assistance group to help develop the plan. The plan must include the following: recycling goals based on sustainable materials management and waste diversion; a 30-year plan to implement strategies relating to recycling education and outreach; local government recycling assistance; and recycling materials market development. The bill requires the Department to submit a report and recommendations to the Legislature following completion of the plan. HB 445 passed the House (119-0) and is awaiting action by the Senate. (O'Hara)

HB 1079 (McFarland) provides that only coastal counties and municipalities that have received authorization from the Department of Environmental Protection (DEP) prior to December 1, 2023, may establish coastal construction zoning and building codes and exceptions thereto in lieu of state coastal construction regulations. The bill prohibits DEP from delegating authority for certain coastal permits to coastal counties and municipalities that did not receive such authorization prior to December 1, 2023. In addition, the bill authorizes DEP to award grants to coastal counties for saltwater intrusion vulnerability assessments and specifies requirements for such assessments. (O’Hara)

SB 1630 (Torres) and HB 1531 (Joseph) require the Department of Environmental Protection to establish the Blue Communities Program to incentivize local action to reduce nutrient pollution and ocean acidification in the ocean, coastal waters and fresh waters. The program would provide technical and financial assistance to local governments that qualify as blue communities under the bills. The bills specify qualification criteria for local governments to become blue communities. The bills establish the Ocean State Climate Adaptation and Resilience Grant Fund within the department and authorize the establishment of an advisory board to determine eligibility of projects for financial assistance for adaptation and resilience projects. They also establish the Carbon Sequestration Advisory Council within the Department of Agriculture and Consumer Services to assist the Department in documenting and quantifying carbon sequestration and greenhouse gas emissions reductions associated with agricultural practices and land uses occurring on agricultural lands. The purpose of the documentation is to assist and encourage agricultural landowners to participate in carbon trading. The bills also establish the Ocean Stewardship Special Account from the Land Acquisition Trust Fund within the Florida Fish and Wildlife Conservation Commission for the collection and use of moneys for the conservation, restoration and enhancement of marine resources. The bills provide for the deposit of user fees and other funding sources into the Account, which shall be used for marine conservation, restoration, enhancement, research, enforcement actions and educational activities. The bills require ocean stewardship user fees to be paid by commercial vessels and all operators of watercraft or water sports equipment. In addition, HB 1531 requires the Department of Environmental Protection or county health departments to monitor PFAS compounds in community water systems and nontransient noncommunity water systems using the national primary drinking water regulations. If the presence of PFAS compounds is detected at or above a specified level but below the Environmental Protection Agency’s specified health advisory level, the bill requires the Department or county health department to annually monitor the PFAS compound levels in the water systems. The bill requires the Department to adopt rules by September 2024 to implement these requirements, including the establishment of enforceable maximum contaminant levels for PFAS compounds. (O’Hara)

SB 1258 (Rodriguez) and HB 1187 (Cross) create the Carbon Sequestration Task Force adjunct to the Department of Environmental Protection to provide recommendations for the development of a statewide carbon sequestration program. The bills provide for duties and membership of the Task Force. The bills require the Task Force to submit reports by October 2025 and October 2026 to the Secretary of the Department and to the Governor and Legislature that summarizes the Task Force’s activities, findings and recommendations. (O’Hara)

HB 905 (Woodson) requires dealers and consumers in the state to pay a deposit fee for specified beverage containers. The bill establishes refund values for various beverage containers, as well as deposit fees to be paid by dealers and consumers. It prohibits the establishment of a redemption center unless it is registered with the Department of Environmental Protection. It establishes requirements for redemption centers and authorizes the use of reverse vending machines under certain circumstances. The bill prohibits a dealer from refusing to redeem a container if the dealer sells that type of container unless the container is contaminated or damaged or there is a redemption center located within 1 mile of the dealer’s place of business. It imposes requirements upon deposit beverage dealers and distributors and requires distributors to pay a handling fee to dealers and redemption centers. The bill authorizes municipal and county governments, nonprofit agencies, dealers and individuals to register to operate a redemption center. It prohibits local governments from imposing or collecting any assessment or fee on beverage containers subject to state container deposit requirements. (O’Hara)

HB 769 (Bankson) revises the definition of “renewable energy source device” in Section 193.624 relating to the assessed value of real property attributable to a renewable energy source device, to include equipment that collects, transmits, stores or uses biogas. The equipment includes materials and machinery used in the production, storage, compression, transportation, processing and conversion of biogas from landfill waste, livestock farm waste, food waste or treated wastewater into renewable natural gas suitable for pipeline injection. (O’Hara)

HB 1153 (Cross) and SB 1304 (Berman) require the Department of Environmental Protection, in consultation with water management districts and wastewater facilities, to submit to the Governor and Legislature reports containing specified information on all sewage disposal facilities with a permitted capacity greater than 1 million gallons per day in the state.  Information required for the report includes but is not limited to: the dates of construction, maintenance or updates; total and actual permitted volume of water treated daily and the current level of treatment and identification of various contaminants present; pollutant loading; disposal methods; impairment status of any receiving waterbodies; implementation status of any basin management action plans; and wastewater spills since 2010. The bills also require the Department to provide a report outlining a priority ranking process to upgrade all facilities in the state to advanced waste treatment by 2035. The bills require the Department to submit, by June 2026, a progress report on the implementation status of such upgrades. (O’Hara)

HB 805 (Borrero) and SB 1042 (Garcia) – Traffic Infraction Detectors

SB 994 (Burgess) and HB 1045 (Michael) – Student Transportation Safety

CS/SB 440 (Wright) authorizes a utility terrain vehicle (UTV) to legally operate on two-lane county roads and two-lane municipal streets in which the posted speed limit is less than 55 miles per hour. The bill allows a local government to enact an ordinance regulating UTV operation and equipment that is more restrictive than statutory requirements. A local government can prohibit the operation of a UTV on any road under its jurisdiction if the governing body determines that such prohibition is necessary in the interest of safety. (Branch)

SB 7076 (Finance and Tax) prohibits an airport or a seaport from charging a transportation network company (TNC) a pickup fee for a prearranged ride requested within 60 minutes before the time the rider enters the TNC vehicle, which is greater than the lowest pickup fee charged to a taxicab company. (Branch)

CS/CS/HB 1301 (Abbott) and CS/CS/CS/SB 1226 (DiCeglie) address matters related to transportation. Of concern to cities, the bills provide that a public transit provider may not expend state funds directly, indirectly, or through a grant or agreement for any of the following marketing or advertising activities:

•A marketing or public awareness campaign, whether through a digital or print medium, including the use of any wrap, tinting or paint on a bus, commercial motor vehicle or motor vehicle, as in support of any social, political or ideological interest. 

•Use of an asset owned or funded by a public transit provider, including an existing or future asset, which displays, contains or markets, whether through a digital or print medium, any social, political or ideological interest. 

•Require public notice and input prior to a governmental entity repurposing one or more existing traffic lanes. (Branch)

CS/CS/CS/SB 266 (Hooper), CS/CS/SB 1032 (Gruters), CS/HB 7049 (McFarland) and CS/CS/CS/HB 287 (Esposito) are the legislative priority bills for the Florida Department of Transportation (FDOT). These bills outline various requirements for FDOT and local agencies related to transportation projects. FDOT is mandated to oversee funded projects on behalf of the Federal Highway Administration, update project cost estimates and include contingency amounts. Local agencies must prioritize and budget projects through their respective metropolitan planning organizations (MPOs), be certified by FDOT and incorporate specific contractual requirements and contingency amounts for unforeseen conditions. CS/CS/SB 1032 and CS/HB 7049 specifically prohibit the creation of new MPOs, with exceptions for urbanized areas defined by the U.S. Census Bureau.

In CS/HB 7049 only:

•Adds express authority for local governments to impose minimum age requirements, require possession of a government-issued photographic identification and provide training relating to electric bicycles, motorized scooters and micromobility devices.

In CS/CS/CS/HB 287 only, the permit or relocation agreement for utility installation, location or relocation must:

•Include a reasonable utility relocation schedule to expedite the completion of FDOT’s construction or maintenance project.

•Define a reasonable liquidated damage amount for each day the work exceeds the specified time frame.

•Require the utility to be responsible for any damage resulting from the work performed under such permit or relocation agreement. (Branch)

SB 980 (Perry) requires that all plans submitted on or before July 1, 2024, for the construction of crosswalks located at any place other than an intersection of a public street, highway or road be controlled by pedestrian and traffic signals and meet requirements of the Florida Department of Transportation Manual on Uniform Traffic Control Devices. (Branch)

CS/SB 1464 (Calatayud) and CS/CS/HB 1363 (Busatta Cabrera) are bills related to the use of traffic cameras. Of interest to cities, the bills do the following:

•Prohibit the use of camera systems made by Chinese manufacturers or using materials from China for traffic enforcement in Florida. 

•Require local governments to approve any new camera contracts or renewals in a public meeting.

•Requires local governments to enact ordinances allowing traffic cameras. 

•Require local governments to show evidence the cameras are needed for safety before installation. 

•Mandate local governments submit reports on traffic camera use every year to the state. 

•Noncompliance with rules results in suspension of traffic camera use. (Branch)

HB 1275 (Berfield) and SB 1506 (DiCeglie) require the Florida Department of Transportation (FDOT) to develop a Strategic Infrastructure Investment Plan to address freight mobility infrastructure. The bills require FDOT to consult with relevant stakeholders including county and municipal governments. Beginning July 1, 2025, the department is required to distribute $150 million to the State Transportation Trust Fund to fund the projects identified in the Strategic Infrastructure Investment Plan. (Branch)