BILL SUMMARY DETAILS

SB 1258 (Rodriguez) and HB 1187 (Cross) create the Carbon Sequestration Task Force adjunct to the Department of Environmental Protection to provide recommendations for the development of a statewide carbon sequestration program. The bills provide for duties and membership of the Task Force. The bills require the Task Force to submit reports by October 2025 and October 2026 to the Secretary of the Department and to the Governor and Legislature that summarizes the Task Force’s activities, findings and recommendations. (O’Hara)

HB 905 (Woodson) requires dealers and consumers in the state to pay a deposit fee for specified beverage containers. The bill establishes refund values for various beverage containers, as well as deposit fees to be paid by dealers and consumers. It prohibits the establishment of a redemption center unless it is registered with the Department of Environmental Protection. It establishes requirements for redemption centers and authorizes the use of reverse vending machines under certain circumstances. The bill prohibits a dealer from refusing to redeem a container if the dealer sells that type of container unless the container is contaminated or damaged or there is a redemption center located within 1 mile of the dealer’s place of business. It imposes requirements upon deposit beverage dealers and distributors and requires distributors to pay a handling fee to dealers and redemption centers. The bill authorizes municipal and county governments, nonprofit agencies, dealers and individuals to register to operate a redemption center. It prohibits local governments from imposing or collecting any assessment or fee on beverage containers subject to state container deposit requirements. (O’Hara)

HB 769 (Bankson) revises the definition of “renewable energy source device” in Section 193.624 relating to the assessed value of real property attributable to a renewable energy source device, to include equipment that collects, transmits, stores or uses biogas. The equipment includes materials and machinery used in the production, storage, compression, transportation, processing and conversion of biogas from landfill waste, livestock farm waste, food waste or treated wastewater into renewable natural gas suitable for pipeline injection. (O’Hara)

HB 1153 (Cross) and SB 1304 (Berman) require the Department of Environmental Protection, in consultation with water management districts and wastewater facilities, to submit to the Governor and Legislature reports containing specified information on all sewage disposal facilities with a permitted capacity greater than 1 million gallons per day in the state.  Information required for the report includes but is not limited to: the dates of construction, maintenance or updates; total and actual permitted volume of water treated daily and the current level of treatment and identification of various contaminants present; pollutant loading; disposal methods; impairment status of any receiving waterbodies; implementation status of any basin management action plans; and wastewater spills since 2010. The bills also require the Department to provide a report outlining a priority ranking process to upgrade all facilities in the state to advanced waste treatment by 2035. The bills require the Department to submit, by June 2026, a progress report on the implementation status of such upgrades. (O’Hara)

HB 619 (Tuck) and SB 1534 (Bradley) – Civil Liability

HB 651 (Persons-Mulicka) – Civil Liability for the Wrongful Death of an Unborn Child

SB 476 (Grall) – Civil Liability

SB 170 (Polsky) – Legal Representation Contracts (Cruz)

CS/CS/CS/SB 472 (Brodeur) and CS/CS/HB 569 (McFarland) increase the statutory limits on liability for tort claims against the state and its agencies and subdivisions (which include cities). The current statutory limits for claims are $200,000 per person and $300,000 per incident. Both bills would increase the caps to $400,000 per person and $600,000 per incident. CS/CS/HB 569 initially required caps to be adjusted annually on July 1 to reflect changes in the regional Consumer Price Index, but this was removed from CS/CS/HB 569 in committee. CS/CS/CS/SB 472 was amended to require this adjustment to reflect the CPI to occur on July 1, 2029, and to occur every five years thereafter so long as the adjustment does not exceed 3%. The bills prohibit an insurance policy from conditioning the payout of a claim on the passage of a claims bill. Both bills allow a subdivision of the state to settle a claim above the statutory limits without the need for a claims bill. The bills narrow the statute of limitation on negligence claims against government entities from four years to two years. CS/CS/CS/SB 472 was further amended in its last committee stop, lowering the proposed increase of the sovereign immunity caps to $300,000 per person and $500,000 per incident. (Cruz)

CS/HB 1167 (Yarkosky) and SB 702 (Martin) create a provision for the recovery of attorney fees and costs in a civil action regarding disputes over property rights. The bills define the term “property rights” to include use rights, ingress and egress rights, and those rights incident to land bordering upon navigable waters. In a civil action brought against the owner of a parcel of real property to resolve a dispute concerning these property rights, the bills would require the award of prevailing party attorney fees if the prevailing defendant made improvements in substantial compliance with, or in reliance on, environmental or regulatory approvals or permits issued by a political subdivision or a state agency. HB 1167 also defines the term “improvement” to include anything done to increase the value, use or benefit of real property, whether physical, material, legal or otherwise. SB 702 passed the Senate (40-0) and the House 115-0) and is awaiting action by the Governor. (Cruz)

HB 1207 (Harris) requires vacation rentals with swimming pools to post various safety notices regarding, but not limited to, the prevention of drowning, having responsible adults supervise young children and requiring that alcohol or drugs cannot be consumed before and during swimming. (Wagoner)

CS/SB 280 (DiCeglie) and CS/CS/HB 1537 (Griffitts) are comprehensive bills dealing with short-term rentals. Here is a brief description of how the bills are different:

CS/CS/HB 1537:

•Pay a fee of no more than $150 per unit for processing an individual registration application and a $50 per unit yearly renewal. A local government may impose a $300 fine for failure to register.  

•State the maximum occupancy of the short-term rental based on the number of sleeping accommodations for persons staying in the short-term rental. 

•Requires the responsible party to respond to a complaint or emergency by 9 a.m. the next calendar day.

•After five violations occur over a period of time, suspensions are set at 15 days, 30 days and 60 days, respectively. 

CS/SB 280:

•Pay a “reasonable fee” per unit for processing an individual registration application and renewal. A local government may impose a $500 fine for failure to register. 

•State the maximum occupancy of the short-term rental is no more than two people per room plus two, or at a minimum of 50 sq ft. per person. 

•Display their individual registration number in a conspicuous location in the vacation rental. 

•After five violations occur over a period of time, suspensions are set at 30 days, 60 days and 90 days, respectively. 

•Adds in a grandfather clause for any county ordinance that was adopted prior to 2014 and amended after 2016. Any county ordinances adopted during those timeframes are exempt from the requirements of the bill. 

Below are how the bills remain identical:

Impact on Local Governments

The bills maintain the current preemption on local governments from adopting zoning ordinances specific to short-term rentals as well as regulating the duration of stays and the frequency in which the properties are rented. 

Local Registration Programs 

The bills create a statewide process for the local registration of vacation rentals. Under the program, a local government has 15 days after receiving an application for registration to accept the application or issue a written notice specifying all deficiencies. Both parties may agree to extend the timeline. If a municipality does not accept or deny an application within that 15-day window, that application is deemed approved. 

As a condition of registration, the local registration program may only require the owner or operator of a vacation rental to:

•Charge a reasonable fee for inspections to ensure compliance with the Florida Building and Fire Prevention Codes. 

•Renew their registration no more than once per year per unit, unless the property has a change in ownership.

•Submit identifying information about the owner or the property manager and the short-term rental being registered.

•Obtain a license as a transient public lodging establishment by the Department of Business and Professional Regulation (DBPR).

•Obtain all required tax registration, receipts or certificates issued by the Department of Revenue, a county or a municipal government. 

•Maintain all registration information on a continuing basis so it is current.

•Designate and maintain a property designee who can respond to complaints and other immediate problems related to the property, including being available by phone 24 hours a day, seven days a week.

•Pay in full all municipal or county code liens against the property being registered. 

June 1, 2011, Grandfather Provision

The bills maintain the grandfathering of ordinances that were adopted prior to June 1, 2011. Additionally, the bills clarify that cities may amend grandfathered ordinances to be less restrictive without voiding those ordinances. 

Impact on Advertising Platforms and DBPR

Advertising platforms will now be required to:

•Collect and remit all required taxes.

•Require each person listing a property as a vacation rental to include in the advertisement the state license number and, if applicable, the local registration number. They will also be required to attest that the license and registration numbers are valid.

•By January 1, 2026, the advertising platform will be required to check and verify the license number of all listings with DBPR prior to posting the advertisement. Additionally, license numbers must be checked at the end of each calendar quarter with the department.

•Remove from public view an advertisement from their website within 15 business days after notification by DBPR in writing that a vacation rental fails to display a valid license number.

•Adopt an anti-discrimination policy.

Revocation/Denial of License

A local government may revoke or refuse to renew a vacation rental registration:

•An owner’s vacation rental registration has been suspended three times.

•There is an unsatisfied municipal or county code lien, so long as the local government allows the owner at least 60 days before the termination to satisfy the lien.

•The premises and its owner are the subject of a final order or judgment directing the termination of the premises’ use as a vacation rental. (Wagoner)

CS/SB 280 passed the House (60-51) and the Senate (23-16) and is awaiting action by the Governor. (Wagoner)

HB 27 (Benjamin) and SB 834 (Simon) – Citizen’s Arrest

SB 96 (Jones) and HB 787 (Rayner) – Use of Threatened Use of Force

SB 98 (Jones) and HB 383 (Edmonds) – Community Violence Task Force

SB 100 (Jones) and HB 237 (Hart)– Pregnant Woman in Custody

HB 145 (Daley) and SB 180 (Polsky) – Sales of Ammunition

HB 155 (Daley) and SB 182 (Polsky) – Pub Rec./Sales of Ammunition

SB 176 (Polsky), HB 291 (Hunschofsky), SB 518 (Polsky) – Sale, Transfer, and Storage of Firearms

HB 123 (Chambliss) and SB 274 (Rodriguez) – Child Water Safety Requirements

SB 254 (Book) – Picketing or Protesting in or Near Health Care Facilities

HB 259 (Waldron) and SB 270 (Berman) – Discharging a Firearm in Residential Areas

HB 463 (Bartleman) and SB 1158 (Bradley) – Lights Displayed on Police Equipment and Fire Department Vehicles

HB 485 (Brackett) and SB 1286 (Collins) – Return of Weapons and Arms Following an Arrest

HB 573 (Antone) and HB 575 (Antone) – Task Force on Public Safety in Urban and Inner-City Communities

HB 597 (Chamerblin) and SB 722 (Collins) – Fleeing or Attempting to Elude Law Enforcement Officer

HB 673 (Bartleman) and SB 610 (Book) – Domestic Violence Investigation

HB 729 (Baker) and SB 638 (Grall) – Lethality Assessments

HB 833 (Yarkosky) and SB 1708 (Yarborough)– Public Safety Programs

SB 1092 (Martin) and HB 1657 (Baker) – Criminal Offenses Against Law Enforcement Officers and Other Personnel

SB 1164 (Burton) and HB 1113 (Killebrew) – Use of Lights and Sirens on Emergency Vehicles 

HB 1131 (Temple) and SB 1190 (Ingoglia) – Online Sting Operations Grant Program

SB 1250 (Berman) and HB 1087 (Casello) – Safe Storage of Firearms and Ammunition Within Motor Vehicles and Vessels

SB 1704 (Yarborough) and HB 1447 (Duggan) – Sheriffs in Consolidated Governments

HB 419 (Hinson) prohibits the storage of firearms in unoccupied private conveyances and vessels unless the firearm is kept from ordinary view and locked within a trunk, utility or glove box, or another locked container, or secured with a device or mechanism that is securely affixed to the private conveyance or vessel. The bill requires local law enforcement agencies to engage in a promotional campaign to educate the public and gun owners about the requirements above. (Wagoner)

SB 130 (Berman) and HB 209 (Rayner) would prohibit the possession or use of a firearm in “sensitive locations.” The bills define a sensitive location as numerous public facilities including but not limited to buildings or facilities owned, leased or operated by government entities, including public transportation. (Wagoner)

CS/HB 75 (Rizo) and SB 184 (Avila) would make it unlawful for any person, after receiving a warning from a first responder not to approach, to violate such warning and approach or remain within 20 feet of a first responder who is engaged in the lawful performance of any legal or emergent duty, with the intent to: 1. Interrupt, disrupt, hinder, impede or interfere with the first responder’s ability to perform such duty; 2. Provoke a physical response from the first responder; or 3. Directly or indirectly harass the first responder or make so much noise that a first responder is prevented from performing their official duties or providing medical aid. SB 184 specifies that peaceful recording or observation is not harassment. SB 184 passed the House (85-27) and the Senate (39-1) and is awaiting action by the Governor. (Wagoner)

CS/CS/HB 231 (Baker) and CS/CS/CS/SB 718 (Collins) provide criminal penalties for persons who unlawfully and intentionally possess and expose first responders who are acting in their official capacity to Fentanyl and Fentanyl Analogs. CS/CS/CS/SB 718 passed the Senate (30-0) and the House (100-12) and is awaiting action by the Governor. (Wagoner)

CS/HB 831 (Yarkosky) and SB 1586 (Collins) state that a facility that is licensed as an enhanced firearms training facility is exempt from unincorporated local government planning and zoning or public works restrictions if the facility is zoned for agricultural use or its equivalent. The bills provide licensing renewal requirements and allow the Department of Agriculture and Consumer Services to adopt rules to implement the bills. (Wagoner)

CS/CS/HB 49 (Chaney) and SB 1596 (Burgess) make changes to the employment restrictions for minors. Under CS/CS/HB 49, minors 16 and 17 years of age will now be permitted to work the same number of hours as a person 18 years of age or older. CS/CS/HB 49 was amended in the Senate Rules Committee. The amendment clarified that minors who work may qualify for a hardship exception if they’re enrolled in a qualified virtual educational program. CS/CS/HB 49 passed the House (76-33) and the Senate (27-11) and is awaiting action by the Governor. (Wagoner)

HB 601 (Duggan) and CS/SB 576 (Ingoglia) make it unlawful for municipalities or citizen oversight boards to pass or enforce any ordinance relating to the receipt, processing or investigation of complaints of misconduct by law enforcement officers and correctional officers. The bills also prohibit the creation of any laws in relation to civilian oversight of a law enforcement agency in relation to the investigation of complaints. CS/SB 576 was amended to add provisions permitting a sheriff or chief of police to create a civilian oversight board with certain requirements for those who may be appointed. HB 601 passed the House (87-29) and is awaiting action by the Senate. HB 601 passed the House (81-28) and the Senate (32-0) and is awaiting action by the Governor. (Wagoner)

CS/SB 350 (Osgood) and HB 837 (Benjamin) address cold case murders by establishing a process for reviewing and reinvestigating such cases. The bills mandate that law enforcement agencies review cold cases upon receiving a written application from a designated person and outlines the criteria for conducting a full reinvestigation, including the identification of new probative leads or a likely perpetrator. The bills require law enforcement agencies to develop a written application for cold case reviews and mandate training for employees on the procedures and requirements outlined in the bill. 

The bills also require law enforcement agencies to report quarterly all relevant data to the Global Forensic and Justice Center at Florida International University. The bills direct the Center to establish a case tracking system and searchable public website. The bills also allow medical examiners to issue death certificates with nonspecific causes of death and manner of murder under certain conditions. (Wagoner)

HB 191 (Brackett) – Town of Orchid, Indian River County

SB 528 (Pizzo), SB 526 (Pizzo) and HB 299 (Woodson) – Public Records/Property Appraiser

HB 289 (Woodson) and HB 243 (Woodson)– Public Records/Property Appraiser

HB 1237 (Dunkley) and SB 1272 (Yarborough) – Public Records/Medical Examiners

HB 1461 (McFarland). Rec./Investigations by the Department of Legal Affairs

SB 1682 (Bradley) – Pub Public Records/Artificial Intelligence Transparency Violations

SB 290 (Wright) requires that certain public agency contracts include a requirement that service providers comply with public records laws. The bill defines a services provider as an individual, a partnership, a corporation or a business entity that enters into a contract for services with a public agency and is not acting on behalf of the public agency. Linked to SB 290, SB 292 (Wright) creates a public records exemption for contractors' and service providers' records related to audit or claims resolution, which are provided to a public agency pursuant to contract requirements. (Wagoner)