BILL SUMMARY DETAILS

HB 859 (Grant) and 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. (Cruz)

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. (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/HB 319 (Caruso) and CS/SB 804 (Harrell) make several changes to the licensing and regulation of substance abuse programs, including recovery residences or “sober homes”. The bill authorizes 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 bill also mandates 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 bill requires 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 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 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)

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)

SB 402 (Rodrigues) allows for civil or criminal case legal notices to be published through a statewide website established and maintained by the Supreme Court in lieu of publication in a newspaper. A county may publish a legal notice in a newspaper of general circulation within that county, but the newspaper may not charge a fee in excess of the website publication fee established by the Supreme Court. The bill directs all revenue in excess of the websites operating costs go toward collecting and publishing data on restitution, fines and fees owed by nonviolent felons and directs the established website to publish that information. (Taggart)

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. (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. (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)

CS/HB 35 (Fine) allows a governmental agency the option to publish legally required advertisements and notices on a publicly accessible website if the online publication results in a cost savings to the local government. The bill also requires a governmental agency to publish a notice at least once a year in a newspaper of general circulation that the resident or property owner may receive legally required notices or advertisements via first class mail or email by registration of his or her name, address and email address with the local governmental agency. (Taggart)

CS/SB 1924 (Diaz) establishes that if a political subdivision issues a “significant emergency order” that deprives any person of a constitutional right, fundamental liberty, statutory right or property to address a purported emergency, the political subdivision bears the burden of proving that the exercise of police power is narrowly tailored, serves a compelling governmental interest and accomplishes the intended goal through the use of the least intrusive means. The bill also provides that the governor, or Legislature by concurrent resolution, may invalidate a political subdivision's emergency action if the governor or Legislature determines that the action unnecessarily restricts a constitutional right, fundamental liberty or statutory right. Lastly, the bill provides that an emergency order issued by a political subdivision will automatically expire 10 days after its issuance unless extended by a majority vote of the political subdivision's governing body. Upon expiration of the significant emergency order, a local government is prohibited from issuing a “substantially” similar order to respond to the same emergency. The bill would take effect July 1, 2021.

CS/HB 945 (Rommel) is similar to CS/SB 1924. The bill deals with local government emergency orders. The bill defines the term “significant emergency order” as an order or ordinance issued by a political subdivision in response to an emergency pursuant to the Emergency Management Act or certain public health emergencies that applies to all residents within the political subdivision and limits the right of a resident to exercise religious freedom, including the right to attend a religious service; speak freely or assemble; work, be rewarded for industry or enter into a contract; travel; acquire, possess or protect real or personal property; purchase, keep or bear a lawful firearm or ammunition; and not be subject to unreasonable search and seizure. The bill provides that an exception may be made for first responders, health care practitioners and employees of a public utility company. CS/HB 945 requires a significant emergency order issued by a political subdivision to be narrowly tailored and limited in scope and for a duration of no longer than seven days unless the order is extended. The bill provides that a significant emergency order automatically expires seven days after issuance and may be extended in seven-day increments for a total duration of 42 days. Upon expiration of the significant emergency order, a local government is prohibited from issuing a “substantially” similar order to respond to the same emergency. (Dudley)

HB 261 (Rayner), SB 670 (Jones) and SB 1982 (Powell) create a new lawsuit against an officer, employee or agent of a political subdivision of the sate for when they are acting under color of law and deprive someone's rights under the U.S. and state constitutions. The bills provide claims may not be used as defense against liability and specifies circumstances under which an officer, employee or agent is immune. (Cruz)

CS/SB 60 (Bradley) and CS/HB 883 (Overdorf) would prohibit code enforcement officers from investigating and enforcing a potential code violation if the complaint is received anonymously. The bill requires any person who reports a violation of a code or ordinance to provide their name and address to the local government before any enforcement proceedings occur. The bills were amended to still allow for enforcement of anonymous complaints if they pose an imminent threat to public health, safety or welfare or imminent destruction of habitat or sensitive resources. Nothing in the bills prohibit a code enforcement officer from proactively enforcing a code violation. (Taggart)

CS/HB 663 (Salzman) and SB 1294 (Brodeur) deal with the regulation of “cottage food” operations which encompasses any person or entity that produces or packages certain foods at their residence intended to be sold. The bills increase the current sales cap on cottage food operations from $50,000 to $250,000. The bills also preempt the regulation of cottage food operations to the state and prohibit local governments from prohibiting or regulating cottage food operations. (Taggart)