BILL SUMMARY DETAILS

SB 766 (Perry) imposes mandatory lobbyist registration requirements on all governmental entities as defined in the bill, including all municipalities and counties. The bill also amends statutory meeting notice requirements for cities and counties.

The bill requires 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 bill defines lobbying and provides exceptions and specifies activities that do not constitute lobbying. It defines the term “lobbyist” and provides exceptions to the definition.
   

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 bill specifies information to be included in the lobbyist registration. Registration is renewable annually and must include authorization from each principal identified. The bill requires 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, assessed a civil penalty not to exceed $500 per violation or suspension from lobbying for a specified period.
  

The bill prohibits a governmental entity from requiring classes, certifications or additional requirements as a requisite for lobbyist registration. It does, however, authorize a governmental entity to require lobbyist compensation reporting, 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 bill amends statutory meeting notice requirements for municipalities and counties. Except in the case of emergency meetings, the governing body of a municipality or governing board county shall 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 426 (Montford) makes changes to how the Regional Rural Development Grants Program operates. Specifically, the bill:

•requires grant recipients to serve or be located within a rural area of opportunity. 

•authorizes organizations that serve an entire rural area of opportunity to receive grants of up to $250,000 annually. 

•increases the maximum amount of funds the Department of Economic Opportunity may expend for the program from $750,000 to $1 million annually. 

•reduces the percentage of grant funds that must be matched with non-state funds from 100 percent to 25 percent of the state’s contribution. 

•specifies that regional economic development organizations may use grant funds to build their professional capacity and provide technical assistance. 

•establishes certain contract and public notice requirements. (Cook)

SB 264 (Farmer) – Strategic Fuel Reserve

SB 538 (Diaz) requires a municipality or county to report certain emergency incidents to the State Watch Office within the Division of Emergency Management as soon as it is practicable following the initial response of the locale. (Branch)

SB 272 (Rodriguez) creates an exception to a state preemption preventing local governments from regulating hoisting equipment at local worksites. This preemption would not apply as it relates to precautions specific to hurricane preparedness. (Branch)

SB 502 (Montford) creates the Hurricane Michael Recovery Task Force under the Division of Emergency Management. The purpose of the task force is to make recommendations to the Legislature regarding additional assistance needed from the effects of Hurricane Michael. (Branch)

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 140 (Hutson) and HB 65 (Rodriguez, A.M.) create an exemption allowing for the use of fireworks on four days: New Year’s Day (January 1), Memorial Day (last Monday in May), Independence Day (July 4) and New Year’s Eve (December 31). These bills appear to preempt any existing local regulations relating to the sale or use of fireworks on these four days. (Cook)

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) prohibits 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 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)

SB 474 (Albritton) deals with the deregulation of certain professions and occupations. Of concern to cities, the bill deletes the ability 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. Under current law, FLC and FAC have a joint representative on the commission. The bill revises the membership of the Florida Building Commission from 27 members to 19. (Branch)

HB 225 (Zika) substantially amends 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)

SB 246 (Hooper) and HB 101 (Andrade) would allow municipalities the ability to retain only up to 5 percent across an entire construction project. Currently, municipalities can withhold up to 10 percent of retainage for the first half of a construction project and up to 5 percent 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 percent complete prior to funds being released to the contractor. (Branch)

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)

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) imposes mandatory lobbyist registration requirements on all governmental entities as defined in the bill, including all municipalities and counties. The bill also amends statutory meeting notice requirements for cities and counties.

The bill requires 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 bill defines lobbying and provides exceptions and specifies activities that do not constitute lobbying. It defines the term “lobbyist” and provides exceptions to the definition.

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 bill specifies information to be included in the lobbyist registration. Registration is renewable annually and must include authorization from each principal identified. The bill requires 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, assessed a civil penalty not to exceed $500 per violation or suspension from lobbying for a specified period.

The bill prohibits a governmental entity from requiring classes, certifications or additional requirements as a requisite for lobbyist registration. It does, however, authorize a governmental entity to require lobbyist compensation reporting, 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 bill amends statutory meeting notice requirements for municipalities and counties. Except in the case of emergency meetings, the governing body of a municipality or governing board county shall 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 446 (Brandes) allows the owner of a business or contracted third party to install, maintain and operate a renewable energy source device on or about the structure in which the business operates or on any property the business leases. The bill provides the business owner or third party may sell the electricity that is generated from the device to another business immediately adjacent to or within the same parcel as the business, and such sales shall not be considered or regulated as retail sales of electricity. The bill provides that if the energy-producing business or its customers require additional related services from a utility, such as backup generation capacity or transmission services, the utility may recover the full cost of providing those services. The bill authorizes a utility to enter a contract with a business to install, maintain or operate any type of renewable energy source device on or about the structure from which the business operates and to sell the electricity to an adjacent business, and provides that such electricity sales shall not be considered or regulated as retail sales of electricity. The bill specifies that if the Public Service Commission determines that the level of reduction in electricity purchases by customers using renewable energy source devices is significant enough to adversely impact the rates that other customers pay in the rate territory, the commission may approve a utility’s requests to recover its costs of providing the electricity needed by all customers, including customers using a renewable energy source device. The bill provides for methodology of such cost recovery, a process for customers to challenge the cost recovery and authorized rulemaking by the commission. The bill may have a negative fiscal impact on municipal revenues, including potential impacts to municipal electric franchise revenues and municipal public service utility taxes. (O’Hara)

SB 454 (Rodriguez) prohibits the construction of new deep injection wells for domestic wastewater discharge or the expansion of existing wells. It limits the discharge capacity of domestic wastewater deep well injection and required current ocean outfall and deep well injection permitholders to install a functioning reuse system by specified dates. The bill prohibits the discharge of domestic wastewater through ocean outfalls and deep injection wells after specified dates and requires current deep injection well permitholders to submit a plan with specified requirements and annual progress reports to the Florida Department of Environmental Protection. (O’Hara)