BILL SUMMARY DETAILS

SB 456 (Bracy) requires meetings between the chief executive officer of a municipality or its representative and the municipality’s governing body to discuss disciplinary procedures for a law enforcement officer to be subject to Florida’s public meeting requirements. (Taggart)

HB 1217 (Daley) and SB 1494 (Cruz) suspend the physical quorum requirement for local governmental bodies during a declared state of emergency. The bills would allow meetings of any board or commission to be held via telephone, real-time videoconferencing or similar real-time electronic or video communication for no more than six months from the start of the declared state of emergency, unless extended by the governor by executive order. (Taggart)

SB 298 (Taddeo) requires municipalities to provide an electronic payment option for any fee related to a public records request. (Taggart)

HB 1079 (Mariano) and SB 1616 (Brodeur) – Agency Contracts for Commodities and Contractual Services 

HB 1137 (Fabricio) and SB 1448 (Jones) – Information Technology Procurement

CS/CS/SB 2010 (Diaz) and CS/HB 7017 (Public Integrity & Elections Committee) require local governments that receive any grant or gift of $50,000 or more from any foreign government, agency or individual to disclose the grant or gift to the Department of Financial Services within 30 days of receipt. Anyone seeking a grant or contract from a local government for more than $50,000 would be required to disclose to the local government any contracts they may have with China, Cuba, Iran, North Korea, Russia, Syria or Venezuela. Any individual who fails to disclose a contract captured under the bills would be liable for a civil violation with a fine of $5,000 and may be removed from their position by the governor. The bills also prohibit local governments from participating in any agreement from the countries listed above to establish a program to promote the language or culture of those countries. CS/CS/SB 2010 was substituted to CS/HB 7017. CS/HB 7017 passed the House (117-0) and the Senate (39-0). (Taggart)

SB 384 (Rodriguez) and HB 581 (Joseph) – Unlawful Employment Practices 

SB 364 (Gruters) – Discrimination on the Basis of Personal Health Information 

SB 78 (Rodrigues) and HB 947 (Plakon) – Dues and Uniform Assessments

HB 107 (Thompson) and SB 256 (Stewart) – Discrimination in Labor and Employment 

HB 121 (Garrison) and SB 228 (Bradley) – Notaries Public

SB 360 (Hooper) and HB 415 (Botana) – Fire Prevention and Control

SB 854 (Brandes) – Minimum Wage

HB 1077 (Woodson) – Employee Wage and Salary History

HB 1525 (Joseph) – Misconduct by Law Enforcement Officers

SB 1866 (Bracy) – Misconduct By Law Enforcement Officer

SB 1014 (Baxley) and HB 835 (Byrd) – Employee Organizations

SB 304 (Taddeo) and HB 6031 (Smith, C.) repeal the preemption on political subdivisions' ability to establish a minimum wage other than the state or federal minimum wage. (Hughes)

HB 1171 (Willhite) and SB 1224 (Jones) define "first responder" to include 911 public safety telecommunicators. The bills expand eligibility for certain workers' compensation benefits and revise criteria in the Special Risk Class of Florida Retirement System to include 911 public safety telecommunicators. The bills also specify the number of creditable years for full retirement eligibility for the member to be 25 years without penalty. However, upon his or her retirement, the member shall have his or her benefits calculated in accordance with the Regular Class benefit provisions. (Hughes)

SB 476 (Bracy) and HB 179 (Brown) amend the Florida Civil Rights Act of 1992 to incorporate certain hairstyles as protected from discrimination. The bills prohibit employers from discriminating against an individual for having a protected hairstyle. (Hughes)

SB 692 (Polsky) and HB 335 (Duran) prohibit a public employer from taking adverse personnel action against an employee or a job applicant who is a qualified patient using medical marijuana. However, an employer may take appropriate adverse personnel action against any employee if the employer establishes by a preponderance of the evidence that the lawful use of medical marijuana is impairing the employee's ability to perform his or her job responsibilities. The bills require an employer that has a drug testing policy to provide written notice of an employee's or job applicant's right to explain a positive marijuana test result within a specified time frame. (Hughes)

HB 6057 (Hardy) repeals the current section of law relating to the investigation process of law enforcement officers and correctional officers otherwise known as the "Police Bill of Rights." The bill also makes several procedural changes for the receipt, investigation and determination of complaints against a law enforcement officer or correctional officer. (Hughes)

SB 230 (Hutson) adds employees of water, sewer or other public works departments of participating employers who work in hazardous conditions to the Special Risk Class of the Florida Retirement System. (Hughes)

SB 736 (Jones) adds 911 public safety telecommunicators to the special risk class of the Florida Retirement System and requires such members to have their retirement benefits calculated in accordance with provisions for Regular Class members. The bill specifies the required employer retirement contribution rates for the new membership subclass of 911 public safety telecommunicators. (Hughes)

SB 7018 (Governmental Oversight and Accountability) and HB 5007 (Appropriations) establish the contribution rates paid by employers participating in the Florida Retirement System beginning July 1, 2021. These rates are intended to fund the full normal cost and the amortization of the unfunded actuarial liability of the FRS. With these modifications to employer contribution rates, the FRS Trust Fund will receive roughly $373.5 million more in revenue on an annual basis beginning July 1, 2021. The public employers that will incur these additional costs are state agencies, state universities and colleges, school districts, counties, municipalities and other governmental entities that participate in the FRS. HB 5007 was substituted for SB 7018. (Hughes)

CS/SB 84 (Rodrigues) closes the pension plan (defined benefit) to new enrollees, except for members of the Special Risk Class, and requires all new enrollees to participate in the investment plan (defined contribution) effective July 1, 2022. The bill does not impact the rights of any current Florida Retirement System enrollee to select participation in the pension plan or the investment plan. Changes included in the bill pertain only to FRS members initially enrolled in the system on or after July 1, 2022.

Beginning July 1, 2022, the bill increases the employer-paid assessment for administrative and educational services by one basis point. This assessment is expected to generate roughly $3.4 million annually for the State Board of Administration to offset additional costs associated with the increase in the number of members participating in the investment plan and an increase in the workload relating to educational services offered to FRS members.

The bill takes effect July 1, 2021; however, most changes are applicable to public employees on or after July 1, 2022. CS/SB 84 passed the Senate (24-16) and is awaiting action by the House. (Hughes)

SB 7016 (Governmental Oversight and Accountability) provides that the State Board Administration may not pay benefits to a member of the Florida Retirement System who has committed certain criminal offenses prior to retirement. Currently, the criminal forfeiture statute provides only that the Division of Retirement within the Department of Management Services may not pay benefits when the forfeiture provisions are triggered. Thus, the bill clarifies that the criminal forfeiture provisions in Section 121.091, Florida Statutes, apply equally to employees, whether a member of the investment plan or a member of the pension plan.

The bill provides that the State Board may develop one or more investment products to be offered in the investment plan, consistent with its fiduciary responsibilities. The bill also requires that the spouse of a member who does not designate his spouse as a primary beneficiary be notified and acknowledge any such designation. Should the spouse fail to affirmatively acknowledge the designation or if the spouse cannot be found, the member may request the acknowledgement requirement be waived by the State Board through an affidavit. (Hughes)

HB 1327 (Alexander) and SB 1632 (Ausley) revise the definition of the term "continuous service" for purposes of the Florida Retirement System. The bills also revise an exception to the employment after retirement limitations for retired law enforcement officers who are reemployed with a covered employer. (Hughes)

SB 970 (Hooper) and CS/CS/HB 313 (Busatta Cabrera) extend certain provisions of the Firefighters' Bill of Rights to questioning conducted under an informal inquiry. The bills specify that an informal inquiry does not include routine work-related discussions, such as safety sessions or normal operational fire debriefings. The bills require an informal inquiry of a firefighter to be of reasonable duration with permitted periods for rest and personnel necessities; and not subject the firefighter to offensive language or offer any incentive as an inducement to answer any questions. During an informal inquiry or interrogation, a firefighter may not be threatened with a transfer, suspension, dismissal or other disciplinary action. CS/CS/HB 313 passed the House (116-1) and is awaiting action by the Senate. (Hughes)

HB 1023 (Skidmore) and SB 1310 (Polsky) specify the minimum factor used to calculate the cost-of-living adjustment for certain retirees and beneficiaries of the Florida Retirement System. (Hughes)

CS/HB 1 (Fernandez-Barquin) is aimed at curbing riots and violent protests. Of specific interest to municipalities are provisions that make it difficult to reduce municipal law enforcement funding, in certain cases waive the sovereign immunity of cities for damages arising from riots, and provisions that create specific law enforcement actions when responding to riots.

The legislation creates a process for the state attorney or member of the governing body of a city to file a petition to the Administration Commission (comprised of the governor and Cabinet) within 30 days after the municipality posts its tentative budget if the budget contains a funding reduction to the operating budget of the municipal law enforcement agency. The governing body of the municipality has five working days to file a reply with the Executive Office of the governor and must deliver a copy of the reply to the petitioner. After receiving the petition, the Executive Office of the governor must provide for a budget hearing to discuss the petition and the reply. The Administration Commission then has 30 days to provide a report of findings and approve or modify the municipal budget. The report by the Commission is final.

The bill also creates civil liability for damages caused during a riot. A governing body or a person authorized by the governing body that breaches the duty to respond appropriately to protect persons and properties during a riot based on the availability of adequate equipment and applicable laws is civilly liable for any damages arising from the riot. The bill waives sovereign immunity for any governing body found liable, which means cities would not be protected by statutory caps that normally limit the amount someone can recover when suing a government entity.

The bill requires law enforcement officers to hold individuals committing crimes related to riots in jail until their first appearance. Law enforcement cannot simply give tickets to anyone cited for crimes related to riots. Lastly, the legislation increases criminal penalties for actions relating to violent protests or riots. CS/HB 1 passed the House (76-39) and the Senate (23-17) and was signed by the governor on April 19, 2021. Effective upon becoming law. Chapter No. 2021-006. (Hughes)