BILL SUMMARY DETAILS

SB 1418 (Albritton) and HB 1475 (McClure) require the Department of Environmental Protection to adopt rules for statewide cleanup target levels for perfluoroalkyl and polyfluoroalkyl substances (PFAS) in soil and groundwater. Such rules may not take effect until ratified by the Legislature. Until the rules for a particular PFAS constituent have been ratified by the Legislature, a person may not be subject to enforcement action by any state or local government entity to compel or enjoin site rehabilitation for that PFAS constituent. In addition, SB 1418 requires the Office of Program Policy Analysis and Government Accountability to conduct an analysis of assessment and cleanup programs used in other states and submit a report to the Governor and Legislature by a specified date. (O'Hara)

SB 518 (Brodeur) and HB 1555 (McClain) amend current law provisions that prohibit local governments from requiring permits for the removal of "dangerous" trees on residential property. The bills clarify what constitutes residential property and clarify the level of assessment and type of documentation that must be provided by an arborist or landscape architect under the law. (O'Hara)

SB 886 (Jones) and HB 515 (Robinson, F.) require a municipal water or sewer utility that serves customers in another recipient municipality using infrastructure located in the recipient municipality to charge consumers in the recipient municipality the same rates, fees and charges as it does the consumers inside its municipal boundaries. (Branch)

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. (Branch)

SB 280 (Hutson) and HB 403 (Giallombardo) change the legal standards and processes used by courts to assess the validity of municipal ordinances and imposes new substantive requirements on municipalities for adopting and enforcing ordinances. First, the bills require a municipality to prepare a business impact statement before adopting an ordinance and specifies the minimum content that must be included in the statement. Emergency ordinances are exempt. The statement must be posted on the municipality's website concurrent with publication of notice of the proposed ordinance. Second, the bills require a municipality to suspend enforcement of an ordinance that is the subject of a civil action, including any appeals, challenging the ordinance's validity on grounds that it is preempted by state law, is arbitrary or unreasonable, or is otherwise prohibited by law. This requirement applies only if: the action was filed within 20 days of the ordinance's effective date; suspension of the ordinance was requested in the complaint, and the municipality was served with a copy of the complaint. Third, the bills authorize the award of attorney fees and costs to a prevailing plaintiff in a civil action commenced after October 1, 2022, in which the adoption or enforcement of an ordinance is alleged to be arbitrary or unreasonable or prohibited by law other than by express preemption (i.e., is impliedly preempted or is in conflict with state law). Ordinances adopted to implement Part II of Chapter 163 (comprehensive planning and land development regulation), section 553.73 (Building Code), or section 633.202 (Fire Code) are exempt from this provision. Fourth, the bills specify factors a court must consider in determining whether an ordinance is arbitrary or unreasonable, including: the extent to which the ordinance protects public health, safety and welfare; the impact of the ordinance on the personal rights and privileges of municipal residents; the total economic impact of the ordinance; and the business impact statement prepared by the municipality. The bills require courts to prioritize and expedite the disposition of cases in which enforcement of an ordinance is suspended. The bills authorize the award of attorney fees and costs pursuant to s. 57.112. The court prioritization and new legal standard do not apply to emergency ordinances, ordinances relating to comprehensive planning and land development regulations, ordinances implementing the Florida Building Code), and ordinances implementing the Florida Fire Code. (O'Hara)

SB 1944 (Baxley) and HB 1241 (Hawkins) prohibit local governments from seeking liquidated damages, administrative fees or other similar charges against a solid waste management or recycling entity for action or inaction during a local, state or federal emergency. The bills also cap the amount of liquidated damages, administrative fees, or other similar charges that may be sought against a waste or recycling company to 50% of the amount billed to the customer for collection services at the daily rate. SB 1944 applies to contracts executed or renewed on or after July 1, 2022; HB 1241 applies retroactively to existing contracts. (O'Hara)

HB 621 (Fine) and SB 1162 (Broxson) prohibit specified state agencies and water management districts from disbursing state funds (including grants) for local government infrastructure, water and resiliency projects if the local government transfers its utility revenues (other than the costs of administrative and support services under a cost allocation plan) for use in providing general government functions and services. (Branch)

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)

SB 1670 (Hutson) requires each local government by January 1, 2024, to adopt cybersecurity standards for all information technology (IT) and operational technology, which comply with the National Institute of Standards and Technology (NIST) cybersecurity framework that is appropriate for the size of the organization. At a minimum, these standards must include routine backups of critical information and multifactor authentication. The bill also requires local governments to: 

•Conduct vulnerability testing of its IT and operational technology at least every two years.

•Require all employees with access to a local government network to receive training when they begin employment and at intervals that will be specified by the Florida Digital Service.

•Require all local government IT professionals and persons with access to highly sensitive information to undergo intensive cybersecurity training. 

•Report all attacks on a computer or network, including ransomware attacks and data breaches to the State Watch Office within the Division of Emergency Management. "Attacks" is not defined in the bill. 

The bill directs the Florida Digital Service and the Florida Cybersecurity Advisory Council to develop the training requirements and conduct the trainings virtually at certain times of the year. Local governments will be required to report all ransomware incidents to the State Watch Office, Florida Digital Service, the Executive Office of the Governor, the Department of Law Enforcement, and the local law enforcement agency within 12 hours of discovery. The bill requires local governments to communicate with the Florida Digital Service and the local law enforcement agencies prior to paying a ransom if a ransomware incident occurs. The bill also requires the Florida Digital Service to create a checklist for local governments to utilize while responding to ransomware incidents. Finally, the bill allocates $1 million in recurring funding to Florida Digital Service to disburse funds to local governments for the training required under the bill. (Taggart)

SB 620 (Hutson) and HB 569 (McClure) require compensation for business damages caused by local government ordinances or charter provisions. A business that has been engaged in a lawful business in Florida for at least three years may claim business damages from a local government if the government enacts or amends an ordinance or charter provision that will cause a reduction of at least 15 percent of the business' revenue or profit. A local government is not liable for business damages caused by: ordinances required to comply with state or federal law; emergency ordinances, declarations, or orders adopted pursuant to the state Emergency Management Act; a temporary emergency ordinance which remains in effect for no more than 90 days; ordinances that "increase economic freedom." The bills specify procedures and methodologies for a business to recover business damages, attorney fees, and costs against a local government. The bills' provisions are nearly identical to the business damage procedures set forth in Florida's eminent domain statute. (O'Hara)

HB 1563 (Tomkow) and SB 1748 (Brodeur) create an additional homestead exemption for certain public employees if HJR 1, SJR 1746 or a similar constitutional amendment is approved by the voters at the 2022 general election. The bills provide for an additional homestead exemption up to $50,000 on the assessed value greater than $100,000 and up to $150,000 for properties owned by a classroom teacher, a law enforcement officer, a correctional officer, a firefighter, a child welfare service provider, an active-duty member of the United States Armed Services or a member of the Florida National Guard. These bills only apply to non-school property taxes. (Hughes)

HJR 1 (Tomkow) and SJR 1746 (Brodeur) propose an amendment to the Florida Constitution to authorize the Legislature to create an additional $50,000 homestead exemption on the property's assessed value greater than $100,000 and up to $150,000 to certain public employees. The homestead property must be owned by a classroom teacher, a law enforcement officer, a correctional officer, a firefighter, a child welfare service provider, an active-duty member of the United States Armed Services or a member of the Florida National Guard. (Hughes)

HB 35 (Roach) and SB 244 (Gruters) – Partisan Elections for Members of District School Boards

SB 442 (Rodriguez) and HB 571 (Mooney) – Powers of Land Authorities

HB 309 (Fetterhoff) and SB 856 (Brodeur) – Private Provider Inspections of Onsite Sewage Treatment & Disposal Systems

SB 536 (Diaz) and HB 337 (McClain) – Administrative Procedures

SB 690 (Rodriguez, A.) and HB 691 (Slosberg) – Resilience-related Advisory Committees

HB 421 (Truenow) and SB 834 (Brodeur) – Long-term Cleanup of Water Bodies

SB 602 (Rodriguez, A.) and HB 449 (Mooney) – Land Acquisition Trust Fund (Florida Keys)

HB 603 (Bell) – Land Acquisition Trust Fund (Heartland Headwaters)

HB 441 (Fabricio) and SB 984 (Diaz) – Construction Materials Mining Activities

HB 6071 (Fabricio) – Construction Materials Mining Activities Admin Recovery Act

HB 6073 (Fabricio) – Construction Materials Mining Activities Admin Recovery Act

HB 579 (Melo) and SB 1128 (Harrell) – Aquatic Plant Management

SB 840 (Albritton) and HB 841 (DiCeglie) – Residential Property Riparian Rights

HB 513 (Bartleman) – Comprehensive Review Study of the Central and Southern Florida Project

SB 1000 (Albritton) – Nutrient Application Rates

HB 6085 (Eskamani) and SB 1102 (Farmer) – Farming Operations

HB 711 (Diamond) and SB 238 (Jones) – Endangered and Threatened Species

SB 1110 (Rouson) – Grease Waste Removal and Disposal

HB 901 (Chambliss) and SB 1212 (Polsky) – Roadside Farm Stand Signage

HB 7003 (Public Integrity & Elections Committee) – Implementation of Constitutional Prohibition Against Lobbying by a Former Justice of Judge

SB 954 (Brodeur) – Energy

SB 208 (Farmer) creates the Stop Fracking Act. The bill prohibits extreme well stimulation, which is defined to include the various forms of fracking used to increase the production at an oil or gas well. (O'Hara)

HB 349 (Sirois) authorizes the Board of Trustees of the Internal Improvement Trust Fund (Board) to grant easements for mitigation banks under certain conditions. The bill also exempts certain docks on recorded easements from state permit requirements and authorizes such docks to use submerged lands upon the Board's approval. (O'Hara)

HB 323 (Sirois) and SB 494 (Hutson) revise the vessel conditions that an officer of the Florida Fish and Wildlife Conservation Commission (Commission) or law enforcement agency may use to determine that a vessel is at risk of becoming derelict to include vessels that are tied to an unlawful or unpermitted mooring or other structure. The bills prohibit local governments from designating public bathing beach areas or swim areas within the marked channel portion of the Florida Intracoastal Waterway or within 100 feet of the marked channel. The bills repeal Section 376.15, Florida Statutes, relating to derelict vessels and the relocation and removal of such vessels. The bills amend the definition of "abandoned property" to include vessels declared to be a public nuisance and clarify the notice requirements and procedure for vessels declared to be public nuisances. The bills authorize the Commission to establish a grant program for local governments regarding derelict vessels and vessels declared a public nuisance. (Branch)

HB 481 (Duggan) prohibits counties and municipalities from enacting regulations that prevent electric utilities from installing temporary underground power panels that meet the requirements of the National Electrical Code. The bill also prevents counties and municipalities from requiring permanent inspections if the local government has already performed a temporary inspection. (O'Hara)

SB 1156 (Stewart) requires the Department of Environmental Protection (DEP) to conduct a study on the establishment of a new long-term, statewide recycling goal. The bill specifies the requirements for the study and requires DEP to submit a report and any policy recommendations to the Governor and Legislature upon completion of the study. (O'Hara)

HB 81 (Eskamani) and SB 366 (Berman) prohibit the drilling, exploration or production of petroleum products in the state. In addition, the bills direct the Office of Energy within the Department of Agriculture and Consumer Services to develop a statewide plan to generate 100% of the electricity used in the state from renewable energy by 2040 and for the state to have net-zero carbon emissions statewide by 2050. (O'Hara)

HB 745 (Alexander) directs the Department of Environmental Protection, in coordination with the Office of Energy within the Department of Agriculture and Consumer Services, to conduct a study of brownfield sites and closed landfill sites to determine viable locations for redevelopment as solar photovoltaic facilities. The bill specifies requirements for the study and directs DEP to submit a report to the Governor and Legislature by August 2023. (O'Hara)