BILL SUMMARY DETAILS

HB 225 (Zika) and SB 824 (Hooper) amend current law relating to “Property Assessed Clean Energy” (PACE) programs and requirements. The bill provides definitions for PACE administrator, PACE contractor, PACE loan, PACE loan contract, qualifying commercial real property and qualifying residential property. It provides that a local government may enter an agreement with a PACE administrator to administer the program and specifies that local government or PACE administrator may enter into a PACE loan contract only with the record owner of the property. It eliminates current language in law stating that a recorded PACE loan contract provides constructive notice that the assessment to be levied constitutes a lien of equal dignity to county taxes and assessments. The bill includes new provisions regarding a PACE loan’s lien position. It provides that a PACE loan is: subordinate to all liens on the property recorded before the PACE lien notice is recorded; subordinate to a first mortgage on the property recorded after the PACE notice is recorded; and superior to any lien recorded after the PACE notice is recorded. The bill imposes substantial new requirements on local governments financing for qualifying residential property (maturity date of PACE loan, limits on loan amount, total combined debt may not exceed 75 percent of assessed value). The bill specifies required contents for PACE loan contracts for residential real property and prohibits such contracts from resulting in negative amortization, charging any interest upon interest or fees or containing any provision requiring forced arbitration or restricting class action. The bill prohibits a residential PACE contract from being entered until it has been verified the property owner has the ability to repay the loan: owner’s monthly debt to income ratio does not exceed 43 percent and must have sufficient residual income to meet basic living expenses. The bill specifies methodology and sources for verification of property owner’s income, debt and expenses. The bill requires the local government or PACE administrator, prior to execution of a contract, to confirm the key terms of the PACE agreement and scope of energy improvement work with the property owner in a live, recorded telephone conversation. The bill requires specific disclosures be made to the owner during the telephone call. The bill requires that prior to entering a PACE loan on residential property, the household be screened for eligibility for low-or no-cost programs that may be provided by government or utility service providers. The bill prohibits a local government from permitting a property owner from entering a contract unless the owner is given a right to cancel the contract within a specified timeframe. It requires the use of a specified financing estimate and disclosure form and that such form be provided to an owner at least three business days before a contract is signed. The bill delineates prohibited practices by PACE administrators or PACE contractors. The bill prohibits a local government or PACE administrator from entering into a PACE contract unless written notice has been provided to, and written consent obtained from, each of the holders of any mortgage on the qualifying residential or commercial property. It provides that a PACE loan shall not be made unless the holder of any mortgage on the qualifying property provides signed confirmation that entering into the loan contract does not constitute an event of default or give rise to any remedies under the terms of the mortgage loan. The bill provides for preservation of claims and defenses for successors in interest to property owners and provides for attorney fees and costs for aggrieved residential property owners. (O’Hara)

HB 1199 (Ingoglia) and CS/SB 1382 (Albritton) prohibit local governments from recognizing or granting certain legal rights to the natural environment (e.g., granting legal standing to waterbodies) or granting enforcement of such rights to persons or political subdivision. (O’Hara)

SB 368 (Rouson) and HB 503 (Diamond) – Tampa Bay Area Regional Transit Authority

SB 1172 (Albritton) HB 395 (Andrade) – Transportation

SB 636 (Stargel) and HB 435 (Valdes) – Department of Highway Safety and Motor Vehicles

HB 1315 (Fetterhoff) – Transportation

SB 7020 (Infrastructure and Security) authorizes the Florida Department of Transportation to plan, design and construct staging areas for emergencies as part of the turnpike system. These sites are intended to be designated staging areas for emergency supplies to facilitate the prompt provision of emergency assistance to the public in response to a declared state of emergency. (Branch)

SB 7018 (Infrastructure and Security) and HB 1239 (Diamond) require the Public Service Commission (PSC), in coordination with the Department of Transportation and the Department of Agriculture and Consumer Services, to develop and recommend a plan for the development of electric vehicle charging station infrastructure along the State Highway System. The plan must include recommendations for legislation and may include other recommendations as determined by the PSC. The bills require the recommended plan to be developed and submitted to the Governor, the Senate President, and the House Speaker by July 1, 2021. (Branch)

CS/SB 676 (Mayfield) and HB 465 (Sirois) provide guidelines for the creation of safe and cost-effective transportation options for residents and visitors of this state, including a high-speed rail system. The bills enhance the safety requirements of high-speed passenger rail in order to protect the health, safety and welfare of the public. The bills also require the Florida Division of Emergency Management to offer training to local emergency officials on responding to an accident involving rail passengers or hazardous materials. (Branch)

SB 452 (Rodriguez) and HB 943 (Daley) require the Department of Transportation, with the Office of Energy within the Department of Agriculture and Consumer Services and the Florida Clean Cities Coalitions, to develop a master plan for installing electric vehicle charging stations on the state highway system. (Branch)

CS/SB 478 (Perry) and HB 377 (Latvala) 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. (Branch)

SB 1230 (Brandes) and HB 1219 (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. SB 1230 is linked to SB 1346 and HB 1219 is linked to HB 1221 (see above) which provides for the allocation of funds from a licensing tax and additional fees on electric and hybrid vehicles. The proceeds from these fees will increase available revenues for the State Transportation Trust Fund. (Branch)

SB 1346 (Brandes) and HB 1221 (Slosberg) create additional fees and a licensing tax for electric and hybrid vehicles. The proceeds from these additional fees and taxes will be deposited equally into the State Transportation Trust Fund and the newly created Electric Vehicle Infrastructure Grant Program. If passed, this legislation will sunset on July 1, 2030. (Branch)

SB 308 (Baxley) and HB 455 (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. (Branch)

SB 1352 (Brandes) and HB 1039 (Rommel) establish a regulatory framework for digital advertising on transportation network company vehicles and for luxury ground transportation network company vehicles, preempting such regulation to the state. The bills would also preempt local governments who are currently collecting revenue from the regulation of digital advertising on vehicles. (Branch)

CS/HB 971 (Grant, M.) and SB 1148 (Brandes) create regulations governing the operation of e-bikes and provide that an e-bike or an operator of an e-bike must be afforded all the rights and privileges of a bicycle. The bills authorize an e-bike to operate where bicycles are allowed, including, but not limited to, streets, highways, roadways, shoulders and bicycle lanes. However, local governments are authorized to regulate the operation of e-bikes on the prescribed areas. Additionally, following notice and a public hearing, a municipality or county may restrict or prohibit the operation of an e-bike on the path if the entity finds that such a restriction is necessary in the interest of public safety or to comply with other laws or legal obligations. (Branch)

SB 1192 (Gruters) and HB 6061 (Roach) repeal the excise tax imposed on aviation fuel, aviation gasoline and kerosene sold or brought into the state. Under current law, the monies from this tax are deposited into the State Transportation Trust Fund to fund various program areas. Repealing the excise tax on aviation fuel will reduce the money going to the STTF. This reduction in revenues will negatively affect the ability of cities to adequately maintain and improve critical infrastructure needed to meet the ever-changing transportation demands. Additionally, repealing the aviation fuel tax will impact the Aviation Grant Program. This grant money, which local governments can apply for, is used to fund projects relating to airport planning, capital improvement, land acquisition and economic development. (Branch)

CS/SB 1000 (Perry) and CS/HB 1371 (Fine) require that crosswalks located at any place other than an intersection of a public street, highway or road be controlled by pedestrian and traffic signals that meet requirements of the Florida Department of Transportation Manual on Uniform Traffic Control Devices. (Branch)

SB 450 (Brandes) – Whistleblower's Act 2020

HB 255 (Antone) and SB 726 (Rouson) – Florida Commission on Human Relations

HB 1169 (McClure) and SB 1102 (Gruters) allow any person not required under current law to be certified or registered to perform specialty contracting services if they work under the supervision of a person who is certified or registered. Contractors that are currently required to be certified or registered include sheet metal contractors, roofing contractors, class A air-conditioning contractors, class C air conditioning contractors and mechanical contractors. 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. (Cruz)

HB 1193 (Ingoglia) designates the Occupational Freedom and Opportunity Act. This comprehensive 127-page bill removes regulations on certain professions currently overseen by the Department of Business and Professional Regulation. These professions include hair braiders, hair and body wrappers, boxing timekeepers and announcers. The bill revises current general licensing provisions to require that a department or board of specified professions and occupations enter into a reciprocal licensing agreement with other states if the practice permits such agreements. The bill also requires that boards or departments post online which jurisdictions have similar licensing agreements or licenses or examinations. (Cruz)

HB 1155 (Hage) and SB 1614 (Perry) create a process by which any legislation that proposes to regulate a profession not currently regulated by the state must adhere to in order to become law. The process requires the legislation to be the least restrictive alternative consistent with the public interest and must consider the impact of the proposed regulation on small businesses, private-sector job creation and additional costs for individuals. (Cruz)

HB 535 (Santiago) and SB 1072 (Wright) exempt special district hospital districts from contributing to a redevelopment trust fund of a community redevelopment agency 

if the community redevelopment agency extends the time certain for completing redevelopment financing on or after July 1, 2016. (Cruz)