BILL SUMMARY DETAILS

SB 434 (Hooper) and HB 489 (Chaney) delay the scheduled repeal of the Florida Tourism Industry Marketing Corporation (Visit Florida) and the Division of Tourism Marketing of Enterprise Florida, Inc. SB 434 delays the repeal from 2023 to 2031, while HB 489 delays the repeal from 2023 to 2028. (Taggart)

HB 499 (Gregory) and SB 1298 (Gruters) require agreements between a governmental entity and a professional sports team or sporting event entered into after July 1, 2022, to include a requirement that the U.S. National Anthem be played at the beginning of each sporting event if the agreement includes a financial commitment from the governmental agency. The government that enters into the agreement would be responsible for enforcing this requirement. The bills also specify penalties for the sports entity for failure to comply. (Taggart)

SB 1740 (Wright) and CS/CS/HB 1287 (Botana) provide an exemption from public records information related to threat technology and operational technology systems of a utility owned or operated by a unit of local government, including but not limited to plans and actions made or taken in response to a ransomware attack or other cyberattack. CS/CS/HB 1287 was amended to expand the exemption to include insurance information and critical energy infrastructure information to information held by all local governments, not just utilities owned or operated by a local government. The amendment also added a public meeting exemption for portions of a meeting of a local government that would reveal data or information made confidential under the bill. The bills also exempt from public record information related to insurance or other risk mitigation products or coverages, including but not limited to deductible or self-insurance amounts, coverage limits, and policy terms and conditions. (Taggart)

HB 9241 (Giallombardo) would provide a nonrecurring sum of $5 million to fund the Cyber Florida - Local Government Infrastructure and Technical Assistance. This funding would create a program for Cyber Florida to offer threat assessments and grant funding to help local governments update their information technology. (Taggart)

CS/SB 828 (Hutson) requires local governments when procuring automation and control system components, services, or solutions or entering into a contract for the construction, reconstruction, alteration, or design of a critical infrastructure facility that such components, services, and solutions conform to the ISA 62443 series of standards as referenced by the National Institute of Standards and Technology Cybersecurity Framework (NIST CSF), beginning July 1, 2022. The bill also requires local governments to ensure that all contracts for the construction, reconstruction, alteration, or design of a critical infrastructure facility require that installed automation and control system components meet the minimum standards for cybersecurity as defined in the ISA 62443 series of standards as referenced by NIST CSF. 

HB 1147 (Giallombardo) is similar to CS/SB 828 but has different implementing requirements and timelines. By July 1, 2022, when local governments procure automation and control system components, services, or solutions, or when contracting for facility upgrades for critical infrastructure, the local government must require those new components or services to meet the ISA/IEC 62443 standards. The main difference in these two bills is that HB 1147 encourages local governments who operate critical infrastructure to, by July 1, 2022, have those systems and controls comply with and meet operational standards as defined in the ISA/IED 62443 series of standards as determined by NIST CSF. The bill also encourages asset owners to annually conduct a risk assessment and create a risk mitigation plan. (Taggart)

CS/SB 1670 (Hutson) was significantly amended to only require all employees with access to a local government network to receive training when they begin employment and annually thereafter. The bill also requires all local government IT professionals and persons with access to highly sensitive information to undergo intensive cybersecurity training. Finally, the bill directs the Florida Digital Service to develop the training requirements and specifies that the training may be conducted by the agency, the state cybercrime office, the Department of Law Enforcement, a private sector entity, or an entity of the state university system. (Taggart)

CS/SB 1694 (Hutson) creates a public records exemption for all information related to a cybersecurity or ransomware incident held by a local government, state agency or sheriff. The bill also creates a public meeting exemption for any portion of a meeting that would reveal information related to a local government’s physical or virtual data or information or information technology resources. A transcript and recording must be made of the exempt portion of the meeting, and those records are exempt from the public. 

CS/HB 7057 (State Administration and Technology Appropriations Subcommittee, Giallombardo) provides a public records exemption for coverage limits and deductible or self- insurance amounts of insurance or risk mitigation coverages acquired for the protection of information technology systems, operational technology systems or data of a local government. The bill also exempts information related to an agency’s critical infrastructure. Additionally, any information related to an agency’s network schematics, hardware and software configurations, or encryption information or details that identify detection, investigation, or response practices or confirmed cybersecurity incidents are exempt under the bill. Finally, the bill creates a public meeting exemption for any portion of a meeting that would reveal the confidential and exempt information described above. The meetings must be recorded and transcribed, but those records are exempt. (Taggart)

CS/HB 7055 (State Administration and Technology Appropriations Subcommittee, Giallombardo) creates the Local Government Cybersecurity Act. The bill requires all local government employees with access to the government’s network to complete a basic cybersecurity training within 30 days after they begin employment and annually thereafter. All local government technology employees and employees with access to highly sensitive information will be required to complete more advanced cybersecurity training. The Florida Digital Service will develop and provide these trainings. The bill also requires local governments to adopt cybersecurity standards that safeguard their data, information technology and information technology resources to ensure availability, confidentiality and integrity. The standards must be consistent with generally accepted best practices for cybersecurity, including the National Institute of Standards and Technology (NIST) and Technology Cybersecurity Framework. Municipalities with a population over 25,000 must comply by January 1, 2024. Municipalities with a population under 25,000 must comply by January 1, 2025. The bill also requires local governments to report cybersecurity incidents and ransomware incidents to the State Watch Office as soon as possible but no later than 48 hours after discovery for a cybersecurity incident and 12 hours after discovery for a ransomware incident. The bill also prohibits state agencies, counties, and municipalities from paying or otherwise complying with a ransom demand. The recommended committee budget includes over $60 million of nonrecurring state funding to assist local governments in complying with the provisions of the bill. 

CS/HB 7055 was amended to add more clarity regarding the type of cyber incidents that need to be reported by a local government. The amendment defines the levels of severity of a cybersecurity incident set by the U.S. Department of Homeland Security National Cyber Incident Response Plan. All incidents that could be described as levels 3-5 in severity shall be reported to the Cybersecurity Operations Center with the timelines specified above. Level 1-2 incidents may be reported if the local government chooses. The amendment also requires the advanced training to include training on the incident levels. (Taggart)

SB 352 (Hooper) – Construction Liens

HB 263 (Bell) – Notice of Commencement Requirements

HB 1397 (Geller) and SB 1774 (Pizzo) – Condominium Associations

HB 626 (Wright) and SB 659 (Harding) change the effective date of the Florida Fire Prevention Code so that the Code will take effect no sooner than six months after the latest occurrence of the publication of the updated Florida Building Code. (Branch)

SB 1604 (Perry) and HB 771 (Andrade) require the Florida Building Commission to develop uniform standards for the maintenance and periodic inspections of existing building structures and facilities across the state. (Branch)

HB 1365 (Maggard) and SB 1784 (Burgess) create the Rural Roads Initiative Pilot Program within the Florida Department of Transportation with the purpose of paving state, county or municipal roads within East Pasco County that are currently unpaved. Within the program, Pasco County Board of County Commissioners or the governing board of a municipality within East Pasco County may apply to the Department of Transportation for funding to pave roads that are currently unpaved and the cost of which cannot be met by the residents. The bills specify that a road paving project funded under the program is subject only to construction standards established by the county or the municipality in which the road is located and is not subject to department standards. (Branch)

HB 6057 (Eskamani) removes provisions requiring counties and municipalities to provide incentives to fully offset the costs of certain affordable housing contributions or linkage fees. (Branch)

CS/CS/SB 1702 (Bradley) does the following:

•Creates a statewide structural inspection program for aging multifamily residential buildings

•Defines the term "milestone inspection" to mean a structural inspection of a building by a licensed architect or engineer authorized to practice in this state for the purposes of attesting to the life safety and adequacy of the structural components

•Makes known that the cost associated with the inspections are the responsibility of the condominium owner or association

•Requires multifamily residential buildings that are greater than three stories in height to have a milestone inspection performed by December 31 of the year in which the building reaches 30 years of age and every ten years thereafter

•Requires multifamily residential buildings located within 3 miles of a coastline and are greater than three stories in height to have a milestone inspection performed by December 31 of the year in which the building reaches 20 years of age and every seven years thereafter

•Requires any multifamily residential building whose certificate of occupancy was issued on or before July 1, 1992, to have their initial milestone inspection performed before December 31, 2024

•Requires the architect or engineer who performed the inspection to submit a sealed copy of the report to each condominium unit owner and to the building official of the local government of jurisdiction

•Allows the local enforcement agency the ability to prescribe timelines and penalties with respect to compliance with the above section

•Requires the Florida Building Commission to develop comprehensive structural and life safety standards for maintaining and inspecting all building types and structures by December 31, 2022

•Requires condominium and cooperative associations with a residential building that is three stories or more in height to conduct a reserve study at least once every three years

•Provides guidelines for an association or developer to waive reserves

•Requires unit developer and non-developer unit owners to give prospective buyers of a unit a copy of the most recent reserve study and milestone inspection report before the applicable voidability period

•Expands unit owner access to records and provides additional disclosures relating to the funding of reserves. (Branch)

CS/HB 7069 (Pandemics & Public Emergencies Committee) does the following:

•Creates a statewide building recertification requirement for condominiums and cooperative buildings that are three stories or more 30 years after initial occupancy and for buildings located within three miles of the coast, 25 years after initial occupancy

•Requires periodic recertifications every 10 years after a building’s initial recertification

•Requires an additional, more intensive inspection, or a “phase 2” inspection, if a building recertification reveals substantial damage to certain structural or life-safety systems

•Requires building officials to provide written notice to associations when buildings must be recertified

•Requires recertification and phase 2 reports be submitted to building officials and unit owners

•Provides local building officials with the ability to assess penalties for failing to comply with the requirements for building recertifications and phase 2 inspections

•Requires condominiums and cooperatives to conduct reserve studies every 10 years for buildings that are three stories or more and prohibits waiver of funding for certain reserves

•Requires developers to complete reserve studies for every building that is three stories or more prior to turning over an association to the unit owners

•Repeals the ability of developers to waive the collection of all types of reserve funds

•Requires reserve study inspections and recertification and phase 2 inspections to be performed by licensed engineers or architects

•Provides that reserve studies and recertification and phase 2 inspection reports are a part of an association’s official records and must be provided to a potential purchaser of a unit

•Provides for an additional way for condominium associations to terminate if the cost of repairs identified in a phase 2 inspection are more than 65% of the total fair market value of the units in the association

•Requires the Department of Business and Professional Regulation (DBPR) to enforce the reserve studies and recertification and phase 2 inspection requirement 

•Requires associations to notify DBPR about the number of buildings in their association that are three stories or more

•Provides an appropriation of $500,944 and authorizes four positions to implement. (Branch)

SB 1942 (Pizzo) and HB 1393 (Geller) address inspection and reserve requirements for community associations. Of interest to municipalities, the bills:

•Require the local jurisdiction to issue a notice or required recertification inspection to the association when the condominium building is 20 years of age or older

•Requires the architect or engineer who performed the inspection to submit a sealed copy of the report to the local authority within seven days after the board receives the completed report

•Require the Condominium Board to complete any repairs or modifications within six months after receipt of the recertification report according to the Florida Building Code

•Requires the Board, under a seal signature of a licensed architect or engineer and within seven days of the completion of repairs or modifications, to provide the local authority a copy affirming that the remedial action has been completed

•Require the Board of Directors to provide a copy of the reserve study or financial statement to the local authority having jurisdiction within a specified time

•Authorize the local authority having jurisdiction to order a mandatory evacuation of the residential condominium under certain circumstances. (Branch)

SB 1780 (Pizzo) and HB 1391 (Geller) address inspection requirements for community associations. Of interest to municipalities, the bills require each association to include in their bylaws the following: for a building that is four stories or more and located within a one-half mile radius of the Gulf of Mexico or the Atlantic Ocean, the Board must have the building inspected by a licensed architect or engineer once the building reaches 30 years of age and every five years thereafter, and provide that report to the local authority having jurisdiction. (Branch)

CS/CS/SB 758 (Diaz) and CS/HB 865 (Rizo) are comprehensive bills that create the Charter School Review Commission within the Florida Department of Education. Of interest to cities, the bills amend local government regulations dealing with zoning of charter schools. CS/CS/SB 758 removes the requirement that any facility used as a charter school obtain a special exemption from existing zoning and land use designations. CS/HB 865 was amended to provide the following: 

•Prohibit a charter school from being subject to any land regulation that would not be required for a public school in the same location.

•Expand the list of properties or facilities that may provide space to charter schools within their facilities under their preexisting zoning without needing to obtain a special exception. (Branch)

CS/CS/HB 423 (LaMarca) and CS/CS/CS/SB 644 (Brodeur) do the following:

•Increase the minimum hours of training required in multifamily training programs for a fire safety inspector to qualify to take the building inspector or plans examiner certification exam

•Allow those that have completed a four-year internship certification program with a private provider (instead of with a local government) to qualify to take the building inspector or plans examiner certification exam

•Prohibit the Florida Building Code Administrators and Inspectors Board from requiring employment with a local government as a condition for the issuance of a provisional certificate

•Clarify that applicants that use private providers can only be charged permit fees based on the costs actually incurred by the local government to process the permit.

•Require that local governments give private providers equal access to permitting and inspection documents.

•Require building officials to issue occupancy or completion certificates within 10 days of a "deemed granted" certificate

•Allow an owner, builder or an association of owners located in Florida that has a valid building permit issued by a local government for a fee to bring a civil action under certain circumstances 

•Provide that a local government may not prohibit or restrict a property owner to obtain a building permit to demolish any single-family residential structure located in certain flood hazard areas provided that the permit otherwise complies with applicable building code requirements. (Branch)

SB 1020 (Perry), SB 976 (Perry) and CS/CS/HB 635 (Maggard) prohibit local building code administrators, inspectors and fire safety marshals from making changes to certain building plans under specified circumstances once the local building department has approved and sealed the plans. 

HB 1281 (DiCeglie) and SB 976 prohibit any governmental entity from requiring participation in a paid subscription service to access solicitations of competitive bids or proposals which must be publicly advertised. The bills require that such solicitations be available on the publicly accessible website of the applicable governmental entity after the solicitation has been advertised. (Branch)