BILL SUMMARY DETAILS

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)

SB 1096 (Book) and HB 307 (Trabulsy) – Summer Camps

CS/SB 334 (Gruters) and HB 239 (Altman) authorize cities and counties to restrict smoking within the boundaries of any public beach or park they own. The bills specify that municipalities can restrict smoking within the boundaries of a beach or park that is owned by the county, but located within the city, as long as it does not conflict with any county ordinance. Additionally, the bills prohibit smoking in state parks. CS/SB 334 was amended to exclude cigars and pipe tobacco. (Taggart)

SB 914 (Stewart) – Access to Clinics

HB 855 (Morales) and SB 1176 (Stewart) – Barber Services

SB 826 (Baxley) and HB 871 (Snyder) – Child Protection Teams

HB 479 (Alexander) and SB 1628 (Alexander) – Compensation for Victims of Excessive Use of Force by Law Enforcement Officers 

HB 1181 (Beltran), HB 1179 (Beltran) and SB 204 (Beltran) – Constitution Revision Commission

SB 74 (Brandes) and HB 7005 (Burton) – COVID-19-related Claims Against Health Care Providers 

HB 737 (DiCeglie), SB 46 (Hutson) and SB 142 (Brandes) – Craft Distilleries 

HB 515 (Mariano) and SB 1040 (Brodeur) – Duties of the Attorney General 

HB 6089 (Joseph), SB 1706 (Torres, Jr.) and SB 1928 (Taddeo) – Federal Immigration Enforcement

HHS1 (PCB Bill) – Health Care Civil Liability 

SB 344 (Diaz), HB 471 (Rizo), HB 717 (Clemons) and SB 1598 (Gruters) – Legislative Review of Occupational Regulations 

HB 1357 (Altman) and SB 1796 (Wright) – Military Installations

SB 686 (Brandes) and HB 1533 (McFarland) – Offers of Judgement

HB 1083 (Shoaf) and SB 1570 (Rodriguez) – Quasi-public Entities 

SB 76 (Boyd), SB 212 (Brandes) and HB 305 (Rommel) – Residential Property Insurance 

HB 241 (Grall) and SB 582 (Rodrigues) – Parental Rights

HB 254 (Stewart) – Education 

HB 641 (Goff-Marcil) – Charter and Private Schools

SB 904 (Daiz) and HB 6053 (Yarborough) – Doorstep Waste Containers

SB 922 (Burgess) and HB 541 (Buchanan) – Veteran’s Preference in Employment

SB 1028 (Hutson) and HB 51 (McClain) – Charter Schools

HB 1029 (Barnaby) and SB 1320 (Hutson) – Purple Heart Recipient Parking Spaces

SB 1030 (Polsky) and HB 763 (Diamond) – Repeal of the Multi-use Corridors of Regional Economic Significance Program and Reversion of Program Funds

HB 1153 (Casello) – Pub. Rec./Emergency Planning and Management

HB 1325 (Truenow) and SB 1614 (Rodriguez) – Neighborhood Pod Learning Programs

SB 1454 (Farmer) – Strategic Fuel Reserve

SB 134 (Brandes) and SB 148 (Bradley) and SB 142 (Brandes) – Alcohol-To-Go

SB 630 (Baxley) and HB 867 (Shoaf) – Community Associations

SB 872 (Rodrigues) and HB 665 (McClure) – Homeowners' Association Rental Agreements

SB 902 (Rodrigues) and HB 463 (Roach) – Community Association Pools

SB 56 (Rodrigues) and HB 615 (Rodriguez) –  Community Association Assessment Notices 

HB 1297 (Giallombardo) and SB 1900 (Boyd) – Cybersecurity 

HB 6075 (Shoaf) and SB 1564 (Gainer) – Required Publication of Local Board Meeting Minutes

HB 1455 (Roach) and SB 1958 (Rodrigues) – Regulation of Medical Marijuana 

HB 1517 (Duggan) and SB 1966 (Diaz) – Department of Business and Professional Regulation

SB 1948 (Bean) and HB 1463 (LaMarca) – Department of Economic Opportunity

SB 7076 (Regulated Industries) and COM3 (Commerce Committee) – Gaming Enforcement

SB 7078 (Regulated Industries) and COM4 (Commerce Committee) – Public Records Exemption for the Florida Gaming Control Commission

SB 7080 (Regulated Industries) and COM5 (Commerce Committee) – Requirements for Par-Mutual Permitholders to Conduct Live Racing or Games

CS/SB 628 (Rouson) and CS/HB 1013 (Rayner) create the Florida Urban Agriculture Act and expressly preserve local governmental authority to regulate urban agriculture under certain circumstances. Nonresidential farm buildings, fences or signs located on lands used for urban agriculture would not be exempt from the Florida Building Code or local governmental regulations. CS/SB 628 passed in the Senate (40-0) and is awaiting action by the House. (Cruz)

CS/HB 859 (Grant) and CS/CS/SB 912 (Albritton) add development permits and development agreements authorized by state law, including those authorized under the Florida Local Government Agreement Act or issued by local government or other governmental agency, to the list of permits and authorizations that are tolled and extended during a state of emergency for a natural emergency. The bills would apply to any declaration of a state of emergency issued by the governor for a natural emergency dating back to March 1, 2020. Both bills are effective upon becoming law. CS/CS/SB 912 passed the Senate (40-0) and is awaiting action by the House. (Cruz)

CS/CS/SB 1080 (Hutson) and CS/CS/HB 987 (Toledo) as originally filed were the “Tobacco 21” bills that increased the legal smoking age to 21 to comply with federal law. The bills were amended to include a preemption on the regulation of the marketing, sale or delivery of tobacco or nicotine products. (Taggart)

HB 177 (Slosberg) and CS/SB 650 (Taddeo) prohibit the unattended tethering of domestic dogs and cats. The bills also prohibit outdoor tethering of dogs and cats during severe weather. Several exemptions are listed in the bills that would allow dog and cat owners to tether their animals: during organized public events at which the animal is a participant; for agricultural and hunting purposes; while being treated by a veterinarian, groomed or boarded; during law enforcement training; and while being cared for as part of a rescue operation. (Taggart)

HB 7013 (Commerce Committee) prohibits social media platforms from “deplatforming” statewide candidates and allows the Florida Elections Commission to fine a social media platform $100,000 per day for deplatforming statewide candidates and $10,000 per day for all other candidates. In addition, if a social media platform provides free advertisements for a candidate, it is an in-kind contribution and the candidate must be notified.

SB 520 (Burgess) would require social media websites to notify individual and business users within 30 days after suspending their account. The notice must state why the account was suspended or disabled. (Taggart)

SB 338 (Gruters) and CS/HB 1431 (McClure) revise the type of buildings for which individuals who are not required to obtain certain registrations or certifications may perform contracting services without a local license. The specialty contracting services specified include the construction, remodeling, repair or improvement of commercial or residential swimming pools, hot tubs or spas, or interactive water features. (Taggart)

SB 540 (Farmer) proposes an amendment to the Florida Constitution that would require any general law that preempts a subject of legislation to the state to pass by a two-thirds vote of each house of the Legislature. (O’Hara)

CS/CS/HB 319 (Caruso) and CS/CS/SB 804 (Harrell) make several changes to the licensing and regulation of substance abuse programs, including recovery residences or “sober homes”. The bills authorize the Department of Children and Families (DCF) to suspend a service provider’s license for failing to pay, within 60 days of a date set by the DCF, administrative fines and accrued interest related to disciplinary action taken against the service provider. The bills also mandate that a service provider pay fines and accrued interest resulting from violations of patient referral prohibitions within 60 days of a date specified by the DCF. If a service provider fails to remit payment within 60 days, the bills require the DCF to immediately suspend the service provider’s license. The bills also prohibit local governments from reclassifying single-family and two-family dwellings used as a recovery residence for purposes of enforcing the Florida Building Code, including the installation of fire sprinklers. CS/CS/SB 804 passed the Senate (40-0) and is awaiting action by the House. (Taggart)

HB 45 (Killebrew) and SB 1138 (Brodeur) prohibit a for-profit business from selling domestic cats and dogs. The bills do not prohibit a city or county from adopting an ordinance on the sale of animals that is more stringent than the bill. (Taggart)

CS/SB 62 (Bradley) eliminates the role of regional planning councils in the state. This bill will authorize local governments to recommend areas of critical state concern to the state land planning agency. The bill allows local governments to enter into agreements to create regional planning entities pursuant to Chapter 163, Florida Statutes, to replace current regional planning councils. (Cruz)

HB 439 (Fine) and SB 810 (Gruters) prohibit an agency or local governmental entity from purchasing or entering into a contract for any good made in or that contains at least 25% or more parts that were produced in China. The bills also prohibit a local governmental entity from purchasing any good or service made, sold or provided by Facebook, Twitter, Amazon, Apple or Alphabet, Inc. (Taggart)

CS/SB 268 (Perry) and HB 735 (Harding) expressly preempt the licensing of occupations to the state. The bills define occupation to include a paid job, work, trade, employment or profession and define licensing to include any training, education, test, certification, registration, procedure or license that are required for a person to perform an occupation. The bills provide limited exceptions for specified local licenses and any local government licensing of occupations that was expressly authorized by general law. The bills will prohibit a local government from requiring a person to obtain a license for a job scope that does not substantially correspond to the job scope of certain contractor categories set forth in Chapter 489, Florida Statutes. In addition, the bills will authorize local governments to issue journeyman licenses in specified trades. HB 735 passed the House (82-32) and is awaiting action by the Senate. (Cruz)

SB 7050 (Community Affairs) amends a provision relating to an exemption from public records requirements for unsolicited proposals related to public-private partnerships. The bill removes the scheduled repeal of the exemption. SB 7050 passed the Senate (39-1) and is awaiting action by the House. (Cruz)

SB 646 (Taddeo) and HB 813 (Chambliss) require counties and municipalities to rename their respective portions of Dixie Highway, Old Dixie Highway, North Dixie Highway or South Dixie Highway as “Harriet Tubman Highway.” (Taggart)

HB 115 (Fabricio) provides that an individual with a valid active local license may work in any local government jurisdiction without having to obtain additional local licensing, take additional examinations or pay additional local licensing fees. The bill explicitly states that this multi-jurisdictional approval does not impede a local government's ability to collect business taxes from businesses operating within the local government's boundaries. Local governments' disciplinary jurisdiction for licenses within their jurisdictions is also retained. The bill details the process for a local government to execute its disciplinary jurisdiction. (Cruz)