BILL SUMMARY DETAILS

HB 701 (Fischer) and SB 1174 (Hutson) reform the communications services tax (CST) to clarify that certain streaming services are subject to the tax and create uniform rates. The bills reduce the local CST rate to 5% or less by January 1, 2021, and 4% or less by January 1, 2022. The bills also reduce the state CST rate from 4.92% to 4.9% and the noncharter county CST rate to 2% by January 1, 2022. The bills repeal the local option sales surtax conversion that is levied on communications services. The Revenue Estimating Conference has partially determined the fiscal impact of this bill. It is estimated to negatively impact local government revenues by $190 million each year. (Hughes)

HB 31 (Hill) preempts the ability of local governments to remove, alter, rename or otherwise disturb a memorial or monument on public property placed in memory of a veteran or war. This preemption includes the removal of Civil War memorials made to honor or commemorate the war, soldiers or government officials that aided the war effort. The legislation specifies that a remembrance erected, named or dedicated on or after March 22, 1822, on public property may be relocated, removed, altered, renamed, rededicated or otherwise disturbed only if necessary to accommodate construction, repair or improvements to the remembrance or to the surrounding property on which the remembrance is located. Additionally, the bill requires that a remembrance on public property that is sold or repurposed must be relocated to a location of equal prominence as the original location. (Cruz)

CS/HB 133 (McClain) and CS/SB 1332 (Hooper) require local governments to establish maximum rates for the towing and immobilization of vessels and prohibits a county or municipality from enacting a rule or ordinance that imposes a fee or charge on authorized wrecker operators. The bills provide that an authorized wrecker operator may impose and collect an administrative fee and is required to remit the fee to the county or municipality only after it has been collected. The bills prohibit local governments from adopting or enforcing ordinances or rules that impose fees on the registered owner or lien holder of a vehicle or vessel removed and impounded by an authorized wrecker operator. The bills provide that a wrecker operator who recovers, removes or stores a vehicle or vessel must have a lien on the vehicle or vessel that includes the value of the reasonable administrative fee or charge imposed by a county or municipality. The bills exempt certain counties with towing or immobilization licensing, regulatory or enforcement programs as of January 1, 2020, from the prohibition on imposing a fee or charge on an authorized wrecker operator or on a towing business. The bill prohibits a municipality or county from enacting an ordinance or rule requiring an authorized wrecker operator or towing business to accept credit cards as a form of payment. (Cook)

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)

HB 6083 (Rodriguez, Anthony) preempts cities, counties and the Florida Department of Highway Safety and Motor Vehicles from installing, maintaining, or utilizing red light cameras effective July 1, 2023. (Branch)

SB 1382 (Albritton) is a comprehensive bill that prohibits 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. The bill also authorizes basin management action plans to include a cooperative agricultural regional water quality management element or a cooperative urban, suburban, commercial or institutional regional water quality improvement element. The agricultural element shall be adopted by the Department of Environmental Protection and may include cost-effective and financially feasible cooperative agricultural nutrient reduction projects intended to reduce nutrient impacts from agricultural operations. Participants in the plan must have already implemented interim measures, best management practices or other measures adopted by DEP. The cooperative urban, et al. element shall be developed by DEP and may include cost- effective, financially practical regional nutrient reduction projects that may be implemented to reduce nutrient impacts from urban, suburban, commercial or institutional operations. The bills direct DEP to work with the Department of Agriculture and Consumer Services to improve the accuracy of data in BMAPs and shall work with producers to identify technologies for implementation. The bills establish a nutrient reduction cost-share program within DEP that authorizes the agency to fund projects that may reduce nutrient pollution, including projects identified in the new plan elements authorized by the bills. The bills specify funding priority for certain projects and require projects to have a 50% match of local funds. (O’Hara)

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 768 (Perry) is linked to SB 766 (Perry). SB 768 establishes a statewide local government lobbyist registration fee. It provides the fee may not exceed $40 for each principal represented for one county and governmental entities therein or exceed $5 for each principal represented for each additional county and governmental entities therein. The bill prohibits a local government from charging a fee for the registration of lobbyists or principals, or for the enforcement of lobbyist regulation except as may be reasonable and necessary to cover the cost of such enforcement. Enforcement fees may be charged only if enforcement action is initiated and are limited to the direct and actual cost of the enforcement action. (O’Hara)

SB 766 (Perry) and HB 611 (Sabatini) impose mandatory lobbyist registration requirements on all governmental entities as defined in the bill, including all municipalities and counties. The bills also amend statutory meeting notice requirements for cities and counties.

The bills require the Florida Commission on Ethics to create the Local Government Lobbyist Registration System, and beginning October 2020, any local government lobbyist registration ordinance or requirement is preempted by the state system. The bills define lobbying, provide exceptions and specify activities that do not constitute lobbying.

A person may not lobby a government entity (which includes any municipality or county) until the person has electronically registered as a lobbyist with the commission. The bills appear to prohibit separate registration fees for each municipality in a county, as they authorize separate registration submissions for each county and prohibits additional fees for governmental entities within each county. The bills specify information to be included in the lobbyist registration. Registration is renewable annually and must include authorization from each principal identified. HB 611 directs the Commission on Ethics to set the annual lobbying registration fee by rule but provides the fee shall not exceed $20 for each principal represented within a county and governmental entities therein and that it may not exceed $5 for each additional principal represented. Registration fee limits and penalty amounts are addressed in a separate Senate bill, SB 768 (Perry).

 

The bills require the commission to publish lobbyist registration information on the internet. It requires a governmental entity to make reasonable efforts to ascertain whether a person who lobbies that entity is registered with the commission. Upon discovery of a violation of requirements of these provisions, the bill authorizes a person or governmental entity to file a complaint with the commission. If probable cause is found, a person may be subject to reprimand, censure, assessment of a civil penalty not to exceed $500 per violation or suspension from lobbying for a specified period. HB 611 authorizes governmental entities to impose additional civil penalties not to exceed $500 per violation or a suspension from lobbying the entity for up to two years.

The bills prohibit a governmental entity from requiring classes, certifications or additional requirements as a requisite for lobbyist registration. They authorize a governmental entity to require lobbyist compensation reporting and disclosure of lobbyist contacts with government officials and authorizes restrictions on the exchange of money or things of value between lobbyists and government officials.

 

By January 2021, a governmental entity shall notify the commission of any local requirement that imposes additional or more stringent obligations with respect to lobbyist compensation reporting or other lobbying activities and provide this information and any associated forms to the commission. By January 2022, each governmental entity shall conform its lobbyist regulation system, if any, to the commission’s system to eliminate duplicative requirements. The bill authorizes the commission to adopt rules to implement its provisions.

Lastly, the bills amend statutory meeting notice requirements for municipalities and counties. Except in the case of emergency meetings, the governing body of a municipality or governing board of a county must provide notice of any meeting of the body or board at least seven days in advance by posting a notice on body or board’s website. The meeting notice must include a statement of the general subject matter to be considered by the body or board. (O’Hara)

SB 162 (Perry) and HB 195 (Rodrigues) are two bills relating to public record requests. SB 162 provides that if an agency files an action for declaratory judgement that certain records are confidential or exempt, and the court determines that the records are neither, the court must assess the reasonable costs of enforcement, including attorney fees, against the responsible agency for the benefit of the named respondent.

HB 195 prohibits a city, after receiving a public record request, from filing an action for declaratory judgement against the individual or entity making the request. This bill would prevent cities from seeking clarification from the courts as to whether a record is public or not. (Cook)

HB 305 (Rommel) and SB 1126 (Gruters) prohibit a political subdivision, including a municipality, from establishing, mandating or otherwise requiring an employer to offer conditions of employment not otherwise required by state or federal law. An “employer” is defined as any person who is engaged in any activity, enterprise or business in this state and employs at least one employee. The bills expressly preempt the regulation of minimum wage and other conditions of employment to the state. The bills do not limit the authority of a political subdivision to regulate minimum wage or to require conditions of employment for employees of the political subdivision, employees of a contractor or subcontractor who provides goods or services to the political subdivision and employees of an employer receiving a direct tax abatement or subsidy from the political subdivision as a condition of the direct tax abatement or subsidy. Any ordinance, regulation or policy of a political subdivision that is preempted by the bills and which existed before or on the effective date of this act is void. (Hughes)

HB 215 (Casello) and CS/SB 620 (Hooper) revise the current process that must be followed for the interrogation of firefighters. The bills revise the definition of “interrogation” to include questioning related to informal inquiries. The bills require all witnesses to be interviewed prior to beginning the interrogation of the firefighter when possible. The bills also require that the firefighter be provided the complaint, all witness statements and all other existing evidence before the interrogation. A firefighter being interrogated may not be threatened with transfer, dismissal or disciplinary action. The bills also set a timeline for certain information to be provided to the firefighter and prohibit any retaliatory action against the firefighter for exercising his or her rights. The complaint and other investigative information are confidential and exempt from public records pursuant to the current law, and the “informal inquiry” does not include discussions such as safety sessions, normal operations fire debriefings and routine work-related discussions. (Hughes)

CS/HB 637 (DiCeglie) and SB 1066 (Gruters) are comprehensive bills regarding impact fees. The bills require a financial report for each impact fee trust fund annually. Local governments would be prohibited from collecting impact fees earlier than the date the building permit is issued. The bills allow impact fee credits to be transferred from one development to another within the same impact fee jurisdiction for the same type of facility. Each municipality is required to establish an impact fee review committee composed of two members from the local government, two members of the business community, two local contractors and one at large member. CS/HB 637 was amended in committee to define the term infrastructure and in doing so, limit the use of impact fee revenue to capital expenditures specifically listed in the definition. This would include any fixed capital expenditure or fixed capital outlay associated with the construction, reconstruction or improvement of public facilities that have a life expectancy of five or more years; any related land acquisition, land improvement, design, engineering and permitting costs; and all other professional and related costs required to bring the public facilities into service. (Cruz)

HB 537 (Donalds) and SB 778 (Perry) define a "home-based business" and preempt local governments from licensing and regulating home-based businesses. Local governments would be prohibited from enacting or enforcing any ordinance, regulation or policy regarding home-based businesses. However, such home-based businesses could not substantially increase traffic, noise, waste or recycling. (Cruz)

SB 772 (Hutson) and HB 647 (Drake) preempt local government regulations to allow any recreational vehicle park that is damaged or destroyed as a result of wind, water or other natural disaster to be rebuilt on the same site using the same density standards that were approved or permitted before the park was damaged or destroyed. (Cruz)

CS/HB 3 (Grant, M.) and SB 1336 (Perry) expressly preempt the licensing of occupations to the state. The bill defines occupation to include a paid job, work, trade, employment or profession and defines 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. The bills are effective July 1, 2020. According to SB 1336, existing local regulations on businesses will sunset in July 2022. (Cruz)

CS/SB 998 (Hutson) and HB 1339 (Yarborough) makes varied and comprehensive changes to Florida law that impact affordable housing.

Of concern to municipalities, the bills:

•require local governments to allow Accessory Dwelling Units in all single-family residential zones. 

•permit a mobile home park damaged or destroyed by wind, water or other natural force to be rebuilt on the same site with the same density as was approved, permitted or built before being damaged or destroyed. (Branch)

CS/SB 474 (Albritton) deals with the deregulation of certain professions and occupations. The bill preempts the regulation of mobile food dispensing vehicles (food trucks) to the state and prohibits local governments from prohibiting the operation of food trucks. Additionally, the bill also deletes the authority of the Florida League of Cities and the Florida Association of Counties to recommend a list of candidates for consideration to the Florida Building Commission. (Branch)