BILL SUMMARY DETAILS

HB 447 (DiCeglie) and SB 740 (Diaz) – Real Estate

HB 497 (Buchanan) and SB 530 (Gruters) – Entertainment Industry

HB 623 (Shoaf) and SB 1154 (Baxley) – Community Association 

HB 855 (Payne) – Special Districts

SB 910 (Torres) and HB 6013 (Eskamani) – Rent Control Methods

SB 1410 (Cruz) – Public School Transportation

SB 912 (Diaz) and HB 689 (Rodriguez, Anthony) – Department of Business and Professional Regulation

SB 694 (Mayfield) and SB 810 (Simmons) – Nicotine and Tobacco Products 

HB 729 (Rodrigues) and SB 1238 (Diaz) – Regulatory Reform

HB 907 (Bell) and SB 1202 (Powell) – Care for Retired Law Enforcement Dogs

SB 470 (Brandes) – Searches of Cellular Phones and Other Electronic Devices

HB 707 (Renner) and SB 1124 (Diaz) establish a schedule for systematic review of the costs and benefits of occupational regulatory programs. The bills require the Legislature to review each program before the scheduled date on which each occupational regulatory program is set to expire to determine whether to allow the program to expire, renew the program without modifications, renew the program with modifications or provide for other appropriate actions. Of note to local governments, any state program that expires through scheduled repeal may not then be regulated by a local government unless regulation of such occupations is expressly authorized by law. (Cruz)

SB 142 (Brandes), SB 176 (Rodriguez), HB 303 (Drake) and HB 301 (Drake) all involve the Constitution Revision Commission (CRC). Due to criticism of how the 2018 CRC handled the bundling of constitutional amendments on the 2018 ballot, SB 142, HB 301 and HB 303 seek to abolish the CRC. SB 176 does not seek to abolish the CRC but would require that any future CRC proposals be limited to a single subject. (Cruz)

HB 83 (Duran) and SB 668 (Book) define specified afterschool recreation programs as “government-sponsored recreation programs,” provide an exemption for such programs from specified child care facility requirements and authorize such programs to waive such exemption by notifying the Department of Children and Families. (O’Hara)

HB 6015 (Andrade) repeals provisions relating to the testing and approval of sparklers, sale of fireworks, seizure of illegal fireworks, restrictions upon storage of sparklers and penalties for violations. (Cook)

CS/SB 476 (Hooper) and CS/HB 307 (LaMarca) provide that community associations may not prohibit a law enforcement officer who is a unit owner from parking his or her law enforcement vehicle in an area where the unit owner or his or her guest otherwise has a right to park. (Cook)

HB 669 (Newton) and SB 1106 (Baxley) require local governments and other entities that operate a place of public accommodation or public building or facility to install and maintain at least one universal changing place at locations in a family or assisted-use restroom facility for persons of either sex who have a physical disability. (Cook)

HB 625 (Newton) and SB 888 (Perry) are bills filed relating to public nuisance properties. The bills:

•extend and increase the frequency of notice so a property owner has sufficient time to receive notice and correct the use of the property. 

•allow for shorter notice where the public nuisance presents a danger of immediate and irreparable injury. 

•provide more detail on what must be provided in the notice and serving the notice.

•delete the requirement that a criminal gang or member or associate of such gang must use a location “on two or more occasions” for the purpose of engaging in a criminal gang-related activity for such use to qualify as a public nuisance that can be abated or enjoined.

•provide that any place or premises that has been used on more than two occasions within a six-month period as the site of dealing in stolen property, assault, aggravated assault, battery, aggravated battery, burglary, theft or robbery by sudden snatching may be declared a public nuisance and may be abated or enjoined. 

•provide that a rental property that is declared a public nuisance based upon the previously described circumstances may not be abated or subject to forfeiture under the Florida Contraband Forfeiture Act if the nuisance was committed by someone other than the owner of the property and the property owner commences rehabilitation of the property within 30 days after the property is declared a public nuisance and completes the rehabilitation within a reasonable time thereafter. (Cook)

HB 4533 (Antone) appropriates $5 million to the Department of Management Services to fund a grant program through Cyber Florida – Local Government Training and Technical Assistance. (Cook)

SB 1120 (Harrell) and HB 649 (Caruso) increase background check requirements for certain persons associated with certified recovery residences in addition to clarifying current law relating to patient-brokering. (Cook)

HB 581 (Aloupis) and SB 918 (Brandes) establish minimum requirements for a student to complete a civic literacy practicum beginning with the 2021-2022 school year to help students evaluate the roles, rights and responsibilities of United States citizens and determine methods of active participation in society, government and the political system. The civic literacy practicum must be nonpartisan, focus on addressing at least one community issue and promote civil discourse. (Cook)

HM 525 (Hill) is a memorial bill urging Congress to support the State Cyber Resiliency Act and to direct the United States Department of Homeland Security to administer state and local cybersecurity grants to assist state, local and tribal governments in preventing, preparing for, protecting against and responding to cyberthreats. (Cook)

CS/HB 7 (Fine) and SB 1340 (Gruters) allow a governmental agency the option to publish legally required advertisements and notices on a publicly accessible website if certain conditions are met. The bills require 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. (Cook)

HB 1237 (Avila), SB 1698 (Diaz) and SB 1700 (Avila) preempt any local government ordinance or regulation that prohibits or regulates pet stores. The bills specify requirements for sourcing, sale or transfer of animals from a pet store as well as impose inspections and other conditions on the pet store. SB 1698 creates the Florida Pet Protection Act requiring the Florida Department of Professional Regulation to adopt procedures and oversee the licensures and inspections of pet stores. SB 1700 requires a fee of $25 to acquire or maintain a pet store license. (Cook)

CS/HB 133 (McClain) and 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)

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)

HB 283 (Toledo) – Liens and Bonds

HB 733 (Smith, D.) and CS/SB 802 (Perry) revise the Marketable Record Title Act (MRTA) to clarify an exception to its main provisions and to bolster the current laws prohibition on discriminatory deed provisions. Specifically, the bills amend Section 712.04, Florida Statutes, to include covenants or restrictions based on a zoning requirement or development permit among the types of interests extinguished by MRTA. The bills, in contrast to a recent court opinion, provide that the rights extinguished by MRTA include restrictive covenants that were recorded in connection with a zoning regulation. The bills provide for summary removal of discriminatory restrictions from the governing documents of a property owners’ association. (Cruz)

SB 748 (Flores) and HB 587 (Rashcein) provides that a local government located within an area of critical state concern shall split with the state any award of compensation, costs, attorney fees and prejudgment interest awarded to a property owner if the court has found liability against both the state and the local government. The bill also states that a governmental entity is not liable for post-judgement interest on a judgement entered against another governmental entity. (Cruz)

SB 250 (Berman) and HB 6019 (Casello) would repeal a provision of HB 7103 that was passed during the 2019 session regarding challenges of development orders. Current law now allows the prevailing party in a challenge to a development order to recover reasonable attorney fees and costs incurred in defending the development order. SB 250 and HB 6019 bill would repeal this attorney fees provision. (Cruz)