BILL SUMMARY DETAILS

HB 1177 (Avila) and SB 1482 (Garcia) establish the Biscayne Bay Commission to develop coordinated plans, projects and budgets to improve the bay. The bills authorize the Commission to accept any functions delegated to it by any governmental entity through a memorandum of understanding. The bills provide for membership, powers and duties of the Commission. The bills prohibit sewage disposal facilities from disposing of wastes into Biscayne Bay without providing advanced waste treatment. (O’Hara)

SB 1240 (Hutson) provides a specified annual appropriation (the lesser of $100 million or the total amount requested to fully fund the annual project list) from the Land Acquisition Trust Fund to the Department of Environmental Protection to fund beach and inlet projects. (O’Hara)

CS/HB 1515 (Duggan) and CS/CS/SB 1946 (Polsky) authorize counties to establish anchoring limitation areas in densely populated urban areas. The bills grandfather existing anchoring limitation areas from the new requirements imposed by the bills. The bills provide size and other criteria for the designation of an anchoring limitation area, including a requirement that a person may not anchor a vessel for more than 30 consecutive days in any six-month period in an anchoring limitation area. The bills revise provisions prohibiting and authorizing anchoring of vessels in anchoring limitation areas and provide for vessel owners and operators to present certain proof that a vessel has not exceeded certain anchoring limitations. The bills revise provisions of current law authorizing removal and impoundment of certain vessels from anchoring limitation areas and declare that a vessel that is the subject of more than three violations within 12 months is a public nuisance. The bills authorize the Fish and Wildlife Conservation Commission to develop rules to implement the new provisions. (O’Hara)

HB 57 (Andrade), SB 1194 (Hooper) and SB 1500 (Harrell) – Transportation

SB 178 (Cruz) – Public School Transportation

SB 422 (Rouson) and HB 389 (Mariano) – Tampa Bay Area Regional Transit Authority

SB 684 (Brandes) and HB 707 (Chaney) – Department of Transportation

HB 729 (Gregory) and SB 1364 (Perry) – Transportation Projects

HB 785 (Busatta Cabrera)  and SB 708 (Brandes) – Peer-to-peer Car Sharing

SB 862 (Gruters) and HB 695 (Duran) – Digital License Plate Pilot Program

SB 924 (Hooper) – Multi-use Corridors of Regional Economic Significance Program

SB 978 (Hooper) and HB 677 (Rommel) – Motor Vehicle Dealers

SB 1126 (Harrell) and HB 1385 (LaMarca) – Department of Transportation

HB 1289 (McFarland) and SB 1620 (Brandes) – Autonomous Vehicles

SB 1134 (Harrell) – Department of Highway Safety and Motor Vehicles

HB 1143 (Grall) and SB 1466 (Hutson) – Airports

SB 278 (Baxley) and HB 1643 (McClain) provide criminal penalties for a person who commits a moving violation that causes serious bodily injury to or causes the death of a vulnerable road user. Of interest to cities, current law defines “vulnerable road user” to include a person engaged in work on a highway such as a utility service worker. (Taggart)

HB 1283 (Beltran) and SB 1660 (Burgess) rename the Tampa-Hillsborough County Expressway Authority as the West Florida Expressway Authority. The West Florida Expressway Authority shall assume the governance and control of the expressway system operated by the former Tampa-Hillsborough County Expressway Authority including its assets, personnel, contracts, obligations, liabilities, facilities and tangible and intangible properties. The governing body shall initially consist of a board of seven members but shall be subject to increase to no more than 13 members upon the expansion of the authority’s jurisdiction. (Taggart)

SB 1130 (Brandes) dissolves the Tampa Bay Area Regional Transit Authority. The bill requires the Authority to discharge its liabilities and settle and close its activities and affairs. The bill also provides for the distribution of the Authority’s assets or the proceeds of such assets, such that each local general-purpose government represented on the Authority’s board receives a distribution generally in proportion to each entity’s contribution to the acquisition of the assets. (Taggart)

CS/HB 267 (Roach) and CS/CS/SB 426 (Boyd) relate to the preemption of seaport regulations. CS/SB 426 prohibits a local ballot initiative or referendum from restricting maritime commerce in the seaports of this state including, but not limited to, restricting such commerce based on several factors. CS/HB 267 provides that municipal government may not restrict or regulate commerce in the seaports including, but not limited to, regulating or restricting a vessel's type or size; source or type of cargo; or number, origin or nationality of passengers. (Taggart)

SB 1896 (Wright) allows a local governmental entity the authority to enact ordinances relating to multipassenger all-terrain vehicle operation and equipment that are more restrictive than those enumerated in current law. The bill requires the local governmental entity to consult with the Department of Transportation before adopting the ordinance. (Taggart)

HB 365 (Caruso) and CS/SB 566 (Perry) require peer-to-peer (P2P) car-sharing service sites to impose a $2 per day surcharge upon lease or rental motor vehicle through the P2P car-sharing program, which is similar to the requirements of a traditional car rental company. For P2P sharing program agreements involving a shared vehicle that is registered in the state, the surcharge shall be $1 per day. The surcharge applies to the first 30 days of a car-sharing period for any P2P car-sharing program agreement. (Taggart)

CS/CS/SB 140 (Brandes) and HB 819 (Learned) create additional fees and a licensing tax for electric and hybrid vehicles. Sixty-four percent of the proceeds from these additional fees and taxes is deposited into the State Transportation Trust Fund, and 36% of the proceeds goes to the county where the vehicle was registered. Until June 30, 2024 the funds going to the county must be used to provide publicly available infrastructure for charging electric vehicles. Starting July 1, 2024, the funds shall be distributed to Board of County Commissioners and municipalities within the county in proportion to the previous month's distribution of the local option fuel taxes. Local governments must use the funds for transportation expenditures. (Taggart)

SB 1276 (Hooper) requires the Department of Highway Safety and Motor Vehicles to publish notice when electric and hybrid vehicles make up 5% or more of the total number of vehicles registered in this state. The fees for electric and hybrid vehicles begin after the Department publishes such notice. These fees will be adjusted at certain rates based on the Consumer Price Index. The bill also requires that proceeds of certain fees be deposited into the State Transportation Trust Fund. (Taggart)

CS/SB 138 (Brandes) and HB 817 (Toledo) create the Electric Vehicle Infrastructure Grant Program to provide financial assistance to municipalities and other entities for the installation of electric vehicle charging infrastructure. The bills authorize the Department of Transportation to develop and publish criteria for the grant application. The bills also authorize the Department of Transportation to establish by rule the maximum weight and speed of a personal delivery device. (Taggart)

HB 1039 (Plakon) and SB 1230 (Rodriguez) require the Department of Highway Safety and Motor Vehicles to establish an automatic license reader system under the newly created Uninsured Vehicle Enforcement Program. Additionally, a county or municipality in coordination with the Department may authorize by contract or interlocal agreement the installation of automatic license plate reader systems on streets and highways under its jurisdiction. (Taggart)

HB 1129 (Fernandez-Barquin) and SB 1678 (Diaz) increase the statutory limits on liability for tort claims against government entities. Current law sets the statutory limits at $200,000 per claim and $300,000 per incident. The bills seek to increase these limits to $500,000 per claim and $1 million per incident. The legislation would tie these limits to a consumer price index so they would automatically increase with inflation every year. The bills set limitations of liability to take effect on the date a final judgment is entered and therefore could apply retroactively to pending claims. (Cruz)

CS/HB 7 (McClure) and CS/SB 72 (Brandes) provide heightened legal protections against liability as a result of the COVID-19 pandemic to certain business entities, educational institutions, governmental entities and religious institutions. The legislation defines governmental entity to include municipalities. The legislation requires the plaintiff to make a detailed account to their claim and submit an affidavit signed by a physician collaborating the belief that the plaintiff’s COVID-19-related damages, injury or death occurred as a result as stated. If the plaintiff fails to do either, the court must dismiss the action without prejudice. The court must also determine whether the business or government entity made a good faith effort to substantially comply with the authoritative or controlling government health standards or guidance at the time the cause of action occurred. The burden of proof lies with the plaintiff to prove that the business or government entity did not make a good faith effort. If the business or government entity is found to have made a good faith effort, they are immune from civil liability. If the court finds that a good faith effort was not made, the plaintiff may proceed with the action. The plaintiff must prove gross negligence (a higher standard than negligence). The bills increase the standard of evidence needed on a COVID-19-related claim. If the plaintiff fails to prove these heightened requirements, the business or government entity is not liable for any act or omission relating to a COVID-19-related claim. The civil action for a COVID-19-related action must be commenced within one year of the alleged incident. The bills will apply retroactively but will not apply to civil suits commenced before the effective date of the act. (Cruz)

HB 6091 (Eskamani) and SB 1790 (Torres) – Local government Communications Services

CS/HB 1567 (DiCeglie) and SB 1944 (Albritton) give very broad authority to the Public Service Commission to regulate and enforce rates, charges, terms and conditions in situations in which a pole owner is unable to reach an agreement with a party seeking pole attachments. The bills define “redundant pole” and require that attaching entities remove their pole attachments from a redundant pole within 90 days of a written request by the pole owner. Under certain circumstances, the pole owner may transfer or relocate the pole attachment to a new pole at the non-compliant attaching entity's expense, unless the pole attachments are owned by an electric utility. In SB 1944, the definitions of “pole” and “pole attachment” are very broad and could have unintended consequences. CS/HB 1567 was amended to clarify that municipal-owned rights of way and municipal electric poles are not included. The League is neutral on CS/HB 1567. (Hughes)

HB 6045 (Eskamani) repeals the Advanced Wireless Infrastructure Deployment Act that relates primarily to the installation of small wireless facilities in public rights of way. (Hughes)

CS/SB 1560 (Ausley) and HB 1339 (Goff-Marcil) revise the duties of the Florida Office of Broadband within the Department of Economic Opportunity. The bills define “unserved” to conform to definitions adopted by federal agencies and update the definition of an “underserved” area. The bills require the Office to develop mapping programs that identify Florida’s geographic availability of broadband and assets that may be used for the further buildout of broadband infrastructure. The bills establish the Broadband Deployment Task Force to support and provide recommendations to the Office for the deployment of broadband internet service through this state. The Task Force is composed of 16 members including one representative from the Florida League of Cities. Finally, the bills establish the Broadband Opportunity Program to award grants for the expansion of broadband internet service in unserved and underserved areas of Florida. (Hughes)