BILL SUMMARY DETAILS

SB 166 (Polsky) creates the Medical Marijuana Public Employee Protection Act. The bill would prohibit a public employer from taking adverse personnel actions against an employee or job applicant who is a qualified patient for their use of medical marijuana unless that use is impairing the employee's ability to perform their job duties or responsibilities. (Chapman)

CS/HB 395 (Black) and CS/SB 1122 (Martin) prohibit a local government from removing historical monuments and memorials. A local government may only relocate a historical monument in certain circumstances. The bills 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 limit the effects of the bill to monuments and memorials located on public property that have been displayed for at least 25 years and applied the provisions on a prospective basis. CS/SB 1122 was amended to add a severability clause that provides that if a court finds a portion of the underlying law is ruled unconstitutional, the overall law will remain intact. CS/SB 1122 also moves back the date of application to protect a monument that was removed to July 1, 2018. (Wagoner)

CS/SB 888 (Perry) and CS/HB 621 (Steele) provide residential property owners an alternative remedy to remove unauthorized persons, such as a squatter, from a residential dwelling. The residential property owners may request the sheriff immediately remove unlawful occupants under specific circumstances. (Cruz)

CS/CS/HB 271 (Lopez, V.) and CS/CS/SB 388 (Garcia) make several changes to the regulation of private parking lot operations. Of interest to cities, the bills require owners or operators of private property used for parking to place signage where it is clearly visible to people entering the parking lot. The bills provide that the signage may be regulated by the local government where the property is located. (Branch)

CS/SB 496 (Perry) and CS/HB 535 (Snyder) expand the criteria for the installation of low-voltage electric fences in areas not considered to be zoned exclusively for single-family or multifamily residential use if the area is within more than one zoning category. Of concern to local government, the bills prohibit the regulation of low-voltage alarms in any manner that is more restrictive than state law. (Branch)

SB 648 (DiCeglie) and HB 377 (Borrero) allow a person who holds a valid vehicle-for-hire license or permit from any city or county the ability to operate a vehicle for hire in another city or county without being subject to additional licensing or permitting requirements. This preemption would not apply to transportation services to and from airports or seaports. (Branch)

SB 1094 (Martin) specifies that beginning July 1, 2024, the Department of Health must get approval from the Legislature before adding any new vaccines for school attendance. The bill also prohibits the department, state agencies, local governments and political subdivisions from participating in or employing any digital health identification registry or similar mechanism for tracking the health data of residents without prior approval from the Legislature. The bill also introduces a way for people to claim an exemption from vaccination if an FDA-approved vaccine is not available, allowing individuals to make this claim for themselves or their dependents without facing additional conditions from employers or other entities. The bill prohibits certain mandatory vaccination policies during public health emergencies without legislative approval. (Branch)

SB 1174 (Ingoglia) and HB 1451 (Michael) prohibit a local government from accepting as identification any identification card or document that is issued by any person, entity or organization that knowingly issues the identification cards or documents to individuals who are not lawfully present in the United States. This prohibition does not extend to any documentation that is issued by or on behalf of the Federal Government. (Wagoner)

CS/CS/HB 189 (Salzman) and CS/CS/SB 1046 (Martin) are comprehensive bills dealing with gaming. Of concern to cities, the bills preempt local governments from enacting or enforcing ordinances or local rules relating to gaming, gambling, lotteries or any activities described in Section 546.10 or Chapter 849, Florida Statutes. (Wagoner)

CS/HB 1099 (Melo) and CS/SB 676 (Bradley) are comprehensive food delivery platform bills. Of concern to cities, the bills expressly preempt the regulation of the food delivery platforms to the state. A food delivery platform is defined in the bills as a third-party company that picks up food from restaurants to deliver to consumers. (Branch)

CS/CS/CS/SB 996 (Burgess) makes several changes to Florida’s K-12 public schools and postsecondary institutions. Of concern to cities, the bill was amended to enable private schools to establish new campuses in existing facilities like churches or theaters, bypassing local zoning regulations and traffic management requirements. The bill seeks to prevent cities and counties from holding public meetings to approve rezoning these facilities for educational use and from requiring private schools to mitigate traffic impacts. As a consequence, residents near these new schools would lack the opportunity to voice concerns or influence the location of new private schools. The House companion, CS/HB 1285 (Canady), does not contain these provisions. (Branch)

CS/CS/HB 1419 (Tuck) and CS/SB 1420 (Burgess) are comprehensive bills that amend requirements for comprehensive plan amendments and revise the roles of the Florida Department of Commerce (formerly Department of Economic Opportunity). The bills mandate that local governments hold a second public hearing to decide whether to adopt comprehensive plan amendments within 180 days after receiving agency comments. Failure to hold this hearing and adopt the amendments within this timeframe will result in the amendments being deemed withdrawn, unless an extension is agreed upon with the state land planning agency and any affected person who provided comments. The bills require local governments to transmit all adopted amendments, along with supporting data and analysis, to the state land planning agency and any other agency or local government that provided timely comments within 10 working days after the final adoption hearing. If the local government does not meet this 10-working-day deadline, the amendments will be deemed withdrawn. Both bills have been amended to extend the repayment period of the Local Government Emergency Revolving Bridge Loan Program, and any existing loans executed before February 1, 2024, from 5 to 10 years. CS/CS/HB 1419 was amended in the House Commerce Committee to include much of the substance of CS/CS/CS/HB 1177 (Duggan). In addition, CS/CS/HB 1419 was amended to preempt any county ordinances or charter provisions if they have the effect of preempting municipal land development regulations or municipal comprehensive plans. (Cruz)

HB 459 (Rudman) and SB 402 (Yarborough) revise the criteria of the State Health Officer extending a statewide public health emergency to require approval by a two-thirds majority vote of the Legislature. HB 459 prohibits the State Health Officer from issuing a blanket closure on government buildings and services, churches and altering election procedures and protocols. However, any action that will affect an entire group must be authorized on a case-by-case basis, with each case being afforded all rights of due process. (Branch)

SB 506 (Wright) adds code enforcement officers to the list of covered professionals under Section 784.07, Florida Statutes, which provides penalties for assault, battery, aggravated assault, and aggravated battery when the offense is knowingly committed against a law enforcement officer or other specified professionals who are engaged in the lawful performance of his or her duties. (Wagoner)

CS/CS/HB 981 (Bankson) and CS/CS/ SB 1362 (Harrell) make significant changes to the regulation of private airports, specifically addressing vertiports and powered-lift aircraft. The bill does the following:

Department of Transportation Department (DOT)

•Mandates the DOT to designate a subject matter expert for advanced air mobility, focusing on powered-lift aircraft and electrification of aviation.

•Requires the DOT to provide annual reports to the Governor and Legislature on advanced air mobility industry status, technological advances, federal regulations and recommendations for land use compatibility around vertiports.

•Mandates the DOT to serve as a resource for local governments and stakeholders in powered-lift aircraft and vertiport development.

Vertiport Approval:

•Requires private airport owners or lessees intending to operate vertiports for powered-lift aircraft to obtain a powered-lift aircraft endorsement from the Department of Transportation (only in CS/CS/HB 981). (Branch)

SB 1774 (Powell) and HB 1477 (Williams) require that parks, youth recreation or sports facilities owned or operated by a local government have a functioning automated external defibrillator (AED) on premises at all times. The bills also specify that employees and volunteers at these facilities have proper training. (Wagoner)

SB 854 (Martin) and HB 1643 (Rommel) require airport authorities, special districts created by the Legislature, to only allow aircraft to land if they meet Federal Aviation Administration noise standards and weight limits set by the International Civil Aviation Organization. Authorized aircraft within the weight range of 75,000 to 125,000 pounds may face restrictions on landing frequency, increased landing fees, or higher charges for hangar and storage facilities. The airport authority can request documentation confirming an aircraft's compliance before its first landing and annually thereafter. (Branch)

HB 119 (Melo) and SB 188 (Brodeur) – Trespass on Commercial Agricultural Property

HB 997 (Gottlieb) – Expedited Foreclosure Proceedings for Abandoned Real Property

SB 1370 (Torres) – Abandoned Residential Real Property

HB 1229 (Porras) and SB 1068 (Rodriguez) – Marketable Record Title to Real Property 

HB 799 (W. Robinson) and SB 814 (Yarborough) – Easements Affecting Real Property Owned by the Same Owner

HB 1621 (Beltran) authorizes municipalities to impose an enhanced fine for the unauthorized demolition of a structure listed on the National Register of Historic Places or designated as a local historic landmark if the code enforcement board or special magistrate makes specific findings. Fines imposed may not exceed an amount that is 20% of the property appraiser’s evaluation of the fair market value. (Cruz)

HB 397 (Cross) and SB 404 (Rouson) expand the urban agricultural pilot project to allow for commercial agricultural use of residential property in certain circumstances. (Cruz)