BILL SUMMARY DETAILS

HB 433 (Esposito) and SB 1492 (Trumbull) preempt the regulation of heat exposure requirements to the state. The bills prohibit local governments from providing preference for contractors on the basis of employment benefits offered by the contractor. The bills preempt to the state and remove any requirements a local government can place on a contractor in reference to the minimum wage. Lastly, the bills preempt the regulation of workplace terms and conditions to the state, not allowing a city to exceed or be in conflict with any state or federal workplace terms and conditions. (Wagoner)

HB 179 (Bell), SB 774 (Perry), and SB 202 (Rodriguez) make changes related to towing-storage operator practices, including allowable fees, payment, lien requirements, sale of unclaimed vehicles and record retention. Specifically, the bills share the following provisions:

•Reduce the timeframe in which a towing-storage operator must send the notice of lien from seven to four business days, and reduce storage charges that may be charged if a lienor fails to provide this notice.

•Provide that a towing-storage operator may only charge certain fees.

•Require towing-storage operators to accept specified forms of payment.

•Increase the timeframe an unclaimed vehicle or vessel three years of age or newer may be sold by a lienor from 50 days to 65 days from the storage date, and require the notice of lien must not be sent less than 60 days before the sale.

•Increase the timeframe for the public notice requirement related to sale on an unclaimed vehicle by a towing-storage operator from ten days to twenty days before the sale.

•Require a towing-storage operator to make a towed vehicle available for inspection during normal business hours within 30 minutes after arrival at a storage facility.

•Require a towing-storage operator to accept electronic titles as well as paper titles as evidence of a person’s interest in a vehicle or vessel. 

•Require a towing-storage operator to retain records of all vehicles and vessels recovered, towed or stored; all notice publications and certified mailings; and fees for at least three years.

•Provide that foreclosing a storage lien on a vehicle or vessel must be through the process as opposed to the warehouse lien and landlord and tenant statutes. 

•Create notice and bond requirements for foreclosure of storage liens on vehicles or vessels held by self-storage facilities.

Only HB 179 and SB 774 prohibit the Florida Highway Patrol from excluding a wrecker operator from its wrecker operator system based solely on a prior felony conviction, unless such conviction is for a specified felony offense. 

Only SB 202 preempts counties and cities from imposing any regulations upon a towing-storage operator more stringent than those within this legislation. (Wagoner)

HB 7013 (Persons-Mulicka) and SB 1058 (Hutson) are comprehensive bills dealing with special districts. Of interest to cities, the bills do the following:

•Establish a term limit of 12 years for members of an elected body governing an independent special district, unless the district’s charter provides for more restrictive terms of office. Any term of office that commenced before November 5, 2024, does not count toward the limitation created by the bill. This provision does not apply to the governing body of a community development district or any independent special district created by a special act.

•Require a continuation referendum for most independent special districts exercising ad valorem tax authority on a date certain and every 10 years thereafter.

•Provide a dissolution process for special districts that voters elect to dissolve.

•Add additional criteria for declaring a special district inactive. 

•Revise notice and procedures for proposed declaration of inactive status. 

•Authorize districts that have been declared inactive to expend funds as necessary to service outstanding debt.

•Require all special districts to adopt goals and objectives, as well as performance measures and standards to determine if those goals and objectives are being achieved. 

•Repeal a provision that allows a special district to convert itself into a municipality without legislative approval.

•Require each petition to create a community development district to contain a sworn affidavit concerning planned development. 

•Require independent special fire control districts to report certain information to the Division of State Fire Marshal. 

•Require mosquito control districts to meet certain conditions required to participate in state programs. 

•Prohibit the creation of new neighborhood improvement districts (NIDs) and require the Office of Program Policy Analysis and Government Accountability to conduct a performance review of existing NIDs. (Branch)

SJR 582 (Ingoglia) proposes a constitutional amendment to the State Constitution to prohibit the state, a county, a municipality or any other political subdivision from paying reparations to an individual who is a descendant of an enslaved individual who lived in the United States before December 6, 1865. (Cruz)

HB 421 (Gossett-Seidman) and SB 572 (Rodriguez) require local governments and other entities to make best efforts to provide advance notice to the entity or person who installed a traffic-related roadside memorial commemorating a deceased person before altering, dismantling, destroying or removing it. (Wagoner)

HB 395 (Black) and SB 1122 (Martin) prohibit a local government from removing historical monuments and memorials. A local government may only relocate a historical monument in certain circumstances. The bills provide that any person or entity that damages, defaces, destroys or removes an existing monument or memorial will be civilly liable for the costs to return, repair or replace the monument or memorial unless the person was authorized or the entity was the owner. (Wagoner)

SB 166 (Polsky) creates the Medical Marijuana Public Employee Protection Act. The bill would prohibit a public employer from taking adverse personnel actions against an employee or job applicant who is a qualified patient for their use of medical marijuana unless that use is impairing the employee's ability to perform their job duties or responsibilities. (Chapman)

SB 888 (Perry) provides residential property owners an alternative remedy to remove unauthorized persons, such as a squatter, from a residential dwelling. The residential property owners may request the sheriff immediately remove unlawful occupants under specific circumstances. (Cruz)

CS/HB 271 (Lopez, V.) and SB 388 (Garcia) narrow the current preemption on the regulation of private parking lot operations to include a preemption only on the rates charged for parking and for violating the parking lot rules. The bills would restrict parking lot owners from charging a late fee until after 30 days from the date the invoice was postmarked. The bill also prohibits parking lot owners from charging for parking if the vehicle is on the property for less than 10 minutes. (Branch)

SB 496 (Perry) and HB 535 (Snyder) expand the criteria for the installation of low-voltage electric fences in areas not considered to be zoned exclusively for single-family or multifamily residential use if the area is within more than one zoning category. Of concern to local government, the bills prohibit the regulation of low-voltage alarms in any manner that is more restrictive than state law. (Branch)

SB 648 (DiCeglie) and HB 377 (Borrero) allow a person who holds a valid vehicle-for-hire license or permit from any city or county the ability to operate a vehicle for hire in another city or county without being subject to additional licensing or permitting requirements. This preemption would not apply to transportation services to and from an airport. (Branch)

SB 1094 (Martin) specifies that beginning July 1, 2024, the Department of Health must get approval from the Legislature before adding any new vaccines for school attendance. The bill also prohibits the department, state agencies, local governments and political subdivisions from participating in or employing any digital health identification registry or similar mechanism for tracking the health data of residents without prior approval from the Legislature. The bill also introduces a way for people to claim an exemption from vaccination if an FDA-approved vaccine is not available, allowing individuals to make this claim for themselves or their dependents without facing additional conditions from employers or other entities. The bill prohibits certain mandatory vaccination policies during public health emergencies without legislative approval. (Branch)

HB 1099 (Melo) and SB 676 (Bradley) are comprehensive food delivery platform bills. Of concern to cities, the bills expressly preempt the regulation of the food delivery platforms to the state. (Branch)

HB 1419 (Tuck) and SB 1420 (Burgess) are comprehensive bills that amend requirements for comprehensive plan amendments and revise the roles of the Florida Department of Commerce (formerly Department of Economic Opportunity). The bills mandate that local governments hold a second public hearing to decide whether to adopt comprehensive plan amendments within 180 days after receiving agency comments. Failure to hold this hearing and adopt the amendments within this timeframe will result in the amendments being deemed withdrawn, unless an extension is agreed upon with the state land planning agency and any affected person who provided comments. The bills require local governments to transmit all adopted amendments, along with supporting data and analysis, to the state land planning agency and any other agency or local government that provided timely comments within 10 working days after the final adoption hearing. If the local government does not meet this 10-working-day deadline, the amendments will be deemed withdrawn. (Cruz)

HB 459 (Rudman) and SB 402 (Yarborough) revise the criteria of the State Health Officer extending a statewide public health emergency to require approval by a two-thirds majority vote of the Legislature. HB 459 prohibits the State Health Officer from issuing a blanket closure on government buildings and services, churches and altering election procedures and protocols. However, any action that will affect an entire group must be authorized on a case-by-case basis, with each case being afforded all rights of due process. (Branch)

SB 506 (Wright) adds code enforcement officers to the list of covered professionals under Section 784.07, Florida Statutes, which provides penalties for assault, battery, aggravated assault, and aggravated battery when the offense is knowingly committed against a law enforcement officer or other specified professionals who are engaged in the lawful performance of his or her duties. (Wagoner)

HB 981 (Bankson) makes significant changes to the regulation of private airports, specifically addressing vertiports and powered-lift aircraft. The bill does the following:

Vertiport Approval:

•Requires private airport owners or lessees intending to operate vertiports for powered-lift aircraft to obtain a powered-lift aircraft endorsement from the Department of Transportation (DOT).

Vertiport Licensing and Location Control:

•Prohibits counties or municipalities from licensing vertiports or controlling their locations.

•Preempts determination of suitable vertiport sites and safety standards to the state.

•Local government land development regulations and zoning requirements do not apply to vertiport sites.

Department of Transportation Department

•Mandates the DOT to designate a subject matter expert for advanced air mobility, focusing on powered-lift aircraft and electrification of aviation.

•Requires the DOT to provide annual reports to the Governor and Legislature on advanced air mobility industry status, technological advances, federal regulations and recommendations for land use compatibility around vertiports.

•Mandates the DOT to serve as a resource for local governments and stakeholders in powered-lift aircraft and vertiport development.

Advanced Air Mobility Test Site:

•Designates the Greater Orlando Aviation Authority as the advanced air mobility test site for the state. (Branch)

SB 1774 (Powell) and HB 1477 (Williams) require that parks, youth recreation or sports facilities owned or operated by a local government have a functioning automated external defibrillator (AED) on premises at all times. The bills also specify that employees and volunteers at these facilities have proper training. (Wagoner)

SB 854 (Martin) and HB 1643 (Rommel) require airport authorities, special districts created by the Legislature, to only allow aircraft to land if they meet Federal Aviation Administration noise standards and weight limits set by the International Civil Aviation Organization. Authorized aircraft within the weight range of 75,000 to 125,000 pounds may face restrictions on landing frequency, increased landing fees, or higher charges for hangar and storage facilities. The airport authority can request documentation confirming an aircraft's compliance before its first landing and annually thereafter. (Branch)

HB 119 (Melo) and SB 188 (Brodeur) – Trespass on Commercial Agricultural Property

HB 997 (Gottlieb) – Expedited Foreclosure Proceedings for Abandoned Real Property

SB 1370 (Torres) – Abandoned Residential Real Property

HB 1229 (Porras) and SB 1068 (Rodriguez) – Marketable Record Title to Real Property