BILL SUMMARY DETAILS

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. (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. (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. (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) and SB 484 (Burgess) are 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 bills also create 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 bills waive 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 bills require 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 is awaiting action by the governor. (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 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. (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)