BILL SUMMARY DETAILS

SB 668 (Book) and HB 83 (Duran) create a waiver of exemption from childcare facility licensing requirements for government-sponsored recreation programs that meet certain criteria, including having adopted their own standards of care. (Cook)

SB 630 (Mayfield), SB 670 (Gruters) and HB 457 (LaMarca) are bills filed relating to smoking. SB 630 authorizes cities to restrict smoking within the bounds of municipally owned public parks. SB 670 and HB 457 authorize counties to restrict smoking within any public beaches or parks that they own. Additionally, the bills prohibit smoking within the boundaries of a state park. (Cook)

SB 476 (Hooper) and HB 307 (LaMarca) provides 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 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)

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 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 133 (McClain) requires 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 bill provides 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 bill prohibits 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 bill provides 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 bill exempts 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. The bill expressly preempts the regulation of attorney fees in connection with the towing of vehicles or vessels from private property to the state and voids any municipal or county ordinance on the subject. (Cook)

SB 778 (Perry) and HB 537 (Donalds) preempt the licensure and regulation of home-based businesses to the state. The bills prohibit local governments from enacting or enforcing any ordinance, regulation or policy or take any action to license or otherwise regulate a home-based business. However, such home-based businesses could not substantially increase traffic, noise, waste or recycling. (Cruz)

HB 283 (Toledo) – Liens and Bonds

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)

SB 410 (Perry) and HB 203 (McClain) would require local governments to adopt by July 1, 2023, a new mandatory element in their comprehensive plans that addresses the protection of private property rights. (Cruz)

HB 519 (Grant, J.) opens the door for an explosion of potential lawsuits against cities by making one-sided changes to the Bert J. Harris Act and leaves taxpayers to pay the price. The Harris Act gives landowners a way to seek compensation when a local government takes action that impacts the use/potential use of their property. The Harris Act is detailed and fair. It allows local governments to negotiate with property owners who are filing a claim and calls on courts to consider the unique conditions of each claim.

HB 519 requires any settlement reached on a Bert Harris claim be automatically applied by the government entity to all similarly situated residential properties that are subject to the same rules or regulations. In essence, this provision would undo legislative action a government entity undertakes by requiring a settlement on one case to be applied across the board, turning Harris Act settlements into quasi class-action lawsuits. The bill does not define what a similarly situated property is, which opens the door for more litigation. The bill significantly amends the attorney fee provisions of the Harris Act, allowing only property owners to recover costs if they prevail. Additionally, HB 519 would now include business losses as part of a Bert Harris claim. The Florida League of Cities opposes making one-sided changes to the Harris Act that only benefit attorneys and leaves taxpayers footing the bill. (Cruz)

HB 6023 (Polo) would repeal legislation from the 2019 Session relating to state and local government enforcement of federal immigration laws. (Cruz)

HB 6013 (Eskamani) – Rent Control Measures

SB 68 (Book) HB 163 (Altman) create a dedicated revenue source for grants provided to the state office on homelessness and local homeless continuums of care (CoC). The bills direct $10 million annually from all document stamp tax money. The bills increase the amount of funds available to each CoC for challenge grants from $500,000 to $750,000 and reduces the amount of matching funds or in-kind support required from local governments for a grant recipient from 100 percent to 25 percent. (Branch)

SB 306 (Mayfield) and HB 381 (Silvers) specify that funds deposited in the State Housing Trust Fund and the Local Government Housing Trust Fund may not be transferred or used for any other purpose. (Branch)

SB 364 (Rader) and HB 39 (Gottlieb) create the Assisted and Independent Living Facility Task Force within the Agency for Person with Disabilities. The task force must develop and evaluate policy proposals that incentivize developers or contractors to dedicate space for assisted living facilities or independent living facilities within mixed-use developments to house individuals with an intellectual disability, autism or mental illness. The task force membership includes a representative from the Florida League of Cities. (Branch)

SB 516 (Gruters) – Campaign Financing

HB 491 (Payne) – Disposition of Surplus Funds by Candidates

SB 442 (Rader) requires a universal primary to be held to select candidates for any state office, U.S. representative or senator, or any county, municipal or district office. The bill requires all candidates to appear on a single ballot. The two candidates receiving the highest and next highest number of votes for that office would advance to the general election, regardless of party affiliation. The bill permits all qualified electors, regardless of party affiliation, to vote in the primary election. (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)