BILL SUMMARY DETAILS

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)

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/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)

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/SB 246 (Hooper) and CS/HB 101 (Andrade) would allow municipalities the ability to retain only up to 5% across an entire construction project. Currently, municipalities can withhold up to 10% of retainage for the first half of a construction project and up to 5% on the last half. Retainage serves as a safeguard against possible overpayment to the general contractor when the estimated percentage of project completion, used for periodic payments, exceeds the actual percentage completed. Additionally, retainage helps to ensure that the project is 100% complete prior to funds being released to the contractor. (Branch)

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/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)

SB 1128 (Diaz) and HB 1011 (Fischer) are filed relating to vacation rentals, also known as short-term rentals (STRs). The bills:

• preempt to the state the regulation of STRs, including licensure and inspections.

• undo any local registration, inspection or licensing requirements specific to STRs adopted since 2014.

• require that any ordinances (noise, parking, trash, etc.), must be applied uniformly to all residential properties, regardless of how the property is being used.

• further clarify that local regulations cannot prohibit ALL rentals (not just STRs), impose occupancy limits on rental properties or require inspections or licensing of rentals (specific to STRs). (Cook)

SB 23 (Gottlieb) and SB 70 (Book) – Panic Alarms in Public Schools

SB 94 (Book) – Transfer of Firearms

HB 451 (Good) – Weapons and Firearms

HB 37 (Zika) and SB 290 (Hooper) – School Bus Safety

HB 43 (Latvala) and SB 122 (Rouson) – Child Welfare

SB 210 (Thurston) – State Taxes and Fees

SB 266 (Farmer) – Safe Storage of Loaded Firearms

SB 270 (Farmer) – Sale and Delivery of Firearms

SB 304 (Cruz) and HB 1167 (Polsky) – School Safety Funding

SB 548 (Rodriguez) – Firearms 

HB 809 (Fernandez) – Licenses to Carry Concealed Weapons or Firearms

HB 839 (Daniels) – School District Police Chiefs

HB 6003 (Hill) – Firearms

SB 704 (Rouson) – Mental Health and Substance Use Disorders

HB 149 (Overdorf) – Medical Marijuana Treatment Centers

HB 797 (Thompson) and SB 212 (Thurston) – Medical Marijuana Retail Facilities

SB 1508 (Taddeo) and HB 1281(McGhee) – Police Vehicles

SB 736 (Diaz) – Coverage for Air Ambulance Services

HB 507 (Smith, D.) and SB 842 (Wright) – Injured Police Canines 

SB 320 (Stewart) – Emergency Medical Air Transportation Services

HB 245 (Polo) and SB 398 (Berman) – Concealed Weapons and Firearms

SB 7028 (Infrastructure and Security) addresses a number of issues related to public safety. The proposed bill:

•requires select health care practitioners, emergency medical technicians and paramedics to

disclose confidential communications to a law enforcement agency to the extent necessary to

communicate a specific threat of serious bodily injury or death.

•specifies a documentation process to use for the sale of a firearm when the seller is not a

federal firearm licensee (FFL) and chooses not to use an FFL to complete the transaction.

•creates a new section of statute to provide that a person may not sell, offer for sale, transfer

or deliver any firearm to another person for consideration when any part of a transaction is

conducted on property to which the public has the right of access, unless a criminal history

records check of background information has been completed and a unique approval number

has been obtained from the Florida Department of Law Enforcement (FDLE).

•provides an FFL may charge a fee to cover administrative costs for facilitating the sale or

transfer of a firearm.

•revises current requirements related to the safe storage of firearms to provide that loaded

firearms must be securely stored to prevent access by minors under the age of 18, instead of

the current threshold of 16, and expands the safe storage requirement to include preventing

access by a person of unsound mind of any age.

•provides that the FDLE will develop a statewide strategy for targeted violence prevention (STVP).

•provides for the 2020-2021 fiscal year, 37 full-time equivalent positions and the recurring

sum of $4,827,538 and the nonrecurring sum of $1,043,415 from the General Revenue Fund

to the FDLE to implement a statewide STVP. (Cook)

HB 995 (Davis) and SB 1014 (Rouson) require certain 911 public safety telecommunicators to receive telephone cardiopulmonary resuscitation training and the Department of Health to establish a procedure to monitor adherence to this training. (Cook)

CS/SB 788 (Book) and HB 997 (Casello) require the Florida Department of Law Enforcement (FDLE), in consultation with law enforcement agencies throughout the state, to establish a uniform statewide rule on preparing for and responding to an active assailant. The bills also require each law enforcement agency to adopt an active shooter policy or rule, as appropriate, by January 1, 2021.

SB 562 (Bracy) revises the circumstances under which a law enforcement officer is authorized to use objectively reasonable force. The bill prohibits the use of deadly force against a person based on the danger that person poses to the law enforcement officer, if an objectively reasonable law enforcement officer would believe that the person does not pose an imminent threat of death or serious physical harm to the law enforcement officer or others. (Cook)

HB 273 (Sabatini) removes a requirement that a license is needed to carry a concealed weapon or firearm. (Cook)

SB 428 (Braynon) adds performing arts centers or legitimate theaters to the list of places where weapons or firearms are prohibited. (Cook)

HB 183 (Ponder) and SB 1524 (Gainer) authorize city and county commissioners who are appropriately licensed to carry concealed weapons or firearms to a meeting of the governing body of which he or she is a member. (Cook)