LEGISLATIVE BILL SUMMARIES

Florida League of Cities

The 2022 regular Legislative Session commences on January 11 and will adjourn on March 11. Below are summaries of all the bills with municipal impact that have been filed to date.


To search bill summaries by a keyword, click Control + F. If you have any questions on a specific bill, please contact the lobbyist tracking the bill. This is indicated by the last name in parenthesis following each bill summary. Links to the House and Senate are located at the bottom of the page.

01 - SPOTLIGHT BILLS

Business Damages Against Local Government – PASSED 

CS/SB 620 (Hutson) allows a business that has been engaged in a lawful business in a municipality for at least three years to claim business damages from the municipality if it enacts or amends an ordinance or charter provision that will cause a reduction of at least 15% of the business’ profit as applied on a per-location basis of a business operated within the jurisdiction. The bill provides three ways for a municipality to cure the business’ claim and avoid paying damages: repeal the ordinance or charter provision; amend the ordinance or charter provision; or grant a waiver ...

CS/SB 620 (Hutson) allows a business that has been engaged in a lawful business in a municipality for at least three years to claim business damages from the municipality if it enacts or amends an ordinance or charter provision that will cause a reduction of at least 15% of the business’ profit as applied on a per-location basis of a business operated within the jurisdiction. The bill provides three ways for a municipality to cure the business’ claim and avoid paying damages: repeal the ordinance or charter provision; amend the ordinance or charter provision; or grant a waiver to the business from enforcement of the ordinance or charter provision. The bill provides exemptions from business damages claims for various ordinances and charter provisions: ordinances required to comply with, or expressly authorized by, state or federal law; emergency ordinances, declarations or orders adopted pursuant to the state Emergency Management Act; a temporary emergency ordinance that remains in effect for no more than 90 days; ordinances or charter provisions enacted to implement: Part II of Chapter 163 (including zoning, development orders and development permits); the Florida Building Code; the Florida Fire Code; a contract or an agreement, including contracts or agreements relating to grants or other financial assistance; debt issuance or refinancing; procurement; budgets or budget amendments, including revenue sources necessary to fund the budget. The bill specifies that in action to recover damages, the courts may award attorney fees and costs to the prevailing party. The bill is prospective and apply to ordinances and charter provisions enacted or amended after the legislation becomes law. CS/SB 620 passed the Senate (22-14) and the House (69-45) and is awaiting action by the Governor. (O’Hara)

Condominium and Cooperative Associations Building Safety (Watch) – PENDING 

CS/HB 7069 (Pandemics & Public Emergencies Committee) does the following: ...

CS/HB 7069 (Pandemics & Public Emergencies Committee) does the following: •Creates a statewide structural inspection program for aging multifamily residential buildings •Defines the term "milestone inspection" to mean a structural inspection of a building by a licensed architect or engineer authorized to practice in this state for the purposes of attesting to the life safety and adequacy of the structural components •Makes known that the cost associated with the inspections are the responsibility of the condominium owner or association •Requires multifamily residential buildings that are greater than three stories in height to have a milestone inspection performed by December 31 of the year in which the building reaches 30 years of age and every 10 years thereafter •Requires multifamily residential buildings located within 3 miles of a coastline and are greater than three stories in height to have a milestone inspection performed by December 31 of the year in which the building reaches 25 years of age and every 10 years thereafter •Requires local enforcement agencies to provide certain written notice to condominium associations and cooperative •Requires the condominium association to complete the milestone inspection report within 180 days after receiving written notice •Requires any multifamily residential building whose certificate of occupancy was issued on or before July 1, 1992, to have their initial milestone inspection performed before December 31, 2024 •Requires the architect or engineer who performed the inspection to submit a sealed copy of the report to each condominium unit owner and to the building official of the local government of jurisdiction •Allows the local enforcement agency the ability to prescribe timelines and penalties with respect to compliance with the above section •Allows a board of County Commissioners to adopt an ordinance specifying when repairs must commence. If the association fails to commence repairs within 365 days, the local enforcement agency must review and determine if the building is unsafe for human occupancy  •Requires the Florida Building Commission to develop comprehensive structural and life safety standards for maintaining and inspecting all building types and structures by December 31, 2022.  CS/HB 7069 passed the Senate (38-0) and is awaiting action by the House. (Branch)

Cybersecurity (Support) – PASSED 

CS/HB 7055 (State Administration and Technology Appropriations Subcommittee, Giallombardo) creates the Local Government Cybersecurity Act. The bill requires all local government employees with access to the government’s network to complete a basic cybersecurity training within 30 days after they begin employment and annually thereafter. All local government technology employees and employees with access to highly sensitive information will be required to complete more advanced cybersecurity training. The Florida Digital Service will develop and provide these trainings. The bill also requires local governments to adopt cybersecurity standards that safeguard their data, information technology and information technology resources to ensure ...

CS/HB 7055 (State Administration and Technology Appropriations Subcommittee, Giallombardo) creates the Local Government Cybersecurity Act. The bill requires all local government employees with access to the government’s network to complete a basic cybersecurity training within 30 days after they begin employment and annually thereafter. All local government technology employees and employees with access to highly sensitive information will be required to complete more advanced cybersecurity training. The Florida Digital Service will develop and provide these trainings. The bill also requires local governments to adopt cybersecurity standards that safeguard their data, information technology and information technology resources to ensure availability, confidentiality and integrity. The standards must be consistent with generally accepted best practices for cybersecurity, including the National Institute of Standards and Technology (NIST) and Technology Cybersecurity Framework. Municipalities with a population over 25,000 must comply by January 1, 2024. Municipalities with a population under 25,000 must comply by January 1, 2025. The bill also requires local governments to report cybersecurity incidents and ransomware incidents to the State Watch Office as soon as possible but no later than 48 hours after discovery for a cybersecurity incident and 12 hours after discovery for a ransomware incident. The bill also prohibits state agencies, counties and municipalities from paying or otherwise complying with a ransom demand. The budget includes $67 million of nonrecurring state funding to assist local governments in complying with the provisions of the bill.  The bill was amended to add more clarity regarding the type of cyber incidents that need to be reported by a local government. The amendment defines the levels of severity of a cybersecurity incident set by the U.S. Department of Homeland Security National Cyber Incident Response Plan. All incidents that could be described as levels 3-5 in severity shall be reported to the Cybersecurity Operations Center with the timelines specified above. Level 1-2 incidents may be reported if the local government chooses. The amendment also requires the advanced training to include training on the incident levels. CS/HB 7055 passed the House (110-0) and the Senate (38-0) and is awaiting action by the Governor. (Taggart)

Public Records and Meetings/Cybersecurity or Ransomware Incident (Support) – PASSED 

CS/HB 7057 (State Administration and Technology Appropriations Subcommittee, Giallombardo) provides a public records exemption for coverage limits and deductible or self-insurance amounts of insurance or risk mitigation coverages acquired for the protection of information technology systems, operational technology systems or data of a local government. The bill also exempts information related to an agency’s critical infrastructure. Additionally, any information related to an agency’s network schematics, hardware and software configurations, or encryption information or details that identify detection, investigation, or response practices or confirmed cybersecurity incidents are exempt under the bill. Finally, the bill creates a public meeting exemption ...

CS/HB 7057 (State Administration and Technology Appropriations Subcommittee, Giallombardo) provides a public records exemption for coverage limits and deductible or self-insurance amounts of insurance or risk mitigation coverages acquired for the protection of information technology systems, operational technology systems or data of a local government. The bill also exempts information related to an agency’s critical infrastructure. Additionally, any information related to an agency’s network schematics, hardware and software configurations, or encryption information or details that identify detection, investigation, or response practices or confirmed cybersecurity incidents are exempt under the bill. Finally, the bill creates a public meeting exemption for any portion of a meeting that would reveal the confidential and exempt information described above. The meetings must be recorded and transcribed, but those records are exempt. CS/HB 7057 passed the House (111-0) and the Senate (38-0) and is awaiting action by the Governor. (Taggart)

Cyber Florida - Local Government Infrastructure and Technical Assistance (Support) – FAILED 

HB 9241 (Giallombardo) would provide a nonrecurring sum of $5 million to fund the Cyber Florida - Local Government Infrastructure and Technical Assistance. This funding would create a program for Cyber Florida to offer threat assessments and grant funding to help local governments update their information technology. (Taggart)  ...

HB 9241 (Giallombardo) would provide a nonrecurring sum of $5 million to fund the Cyber Florida - Local Government Infrastructure and Technical Assistance. This funding would create a program for Cyber Florida to offer threat assessments and grant funding to help local governments update their information technology. (Taggart)

Infrastructure Project Funding/Transfers of Utility Revenues (Oppose) – FAILED

HB 621 (Fine) and SB 1162 (Broxson) prohibit specified state agencies and water management districts from disbursing state funds (including grants) for local government infrastructure, water and resiliency projects if the local government transfers its utility revenues (other than the costs of administrative and support services under a cost allocation plan) for use in providing general government functions and services. (Branch) ...

HB 621 (Fine) and SB 1162 (Broxson) prohibit specified state agencies and water management districts from disbursing state funds (including grants) for local government infrastructure, water and resiliency projects if the local government transfers its utility revenues (other than the costs of administrative and support services under a cost allocation plan) for use in providing general government functions and services. (Branch)

Local Government Solid Waste and Recycling Collection Services (Oppose) – FAILED 

SB 1944 (Baxley) and CS/CS/HB 1241 (Hawkins) address local governments’ contractual remedies against a solid waste or recycling vendor if the vendor fails to perform under the contract with the local government. SB 1944 prohibits local governments from seeking liquidated damages, administrative fees, or other similar charges against a solid waste management or recycling entity for action or inaction during a local, state or federal emergency. SB 1944 also caps the amount of liquidated damages, administrative fees or other similar charges that may be sought against a waste or recycling company to 50% of the amount billed to ...

SB 1944 (Baxley) and CS/CS/HB 1241 (Hawkins) address local governments’ contractual remedies against a solid waste or recycling vendor if the vendor fails to perform under the contract with the local government. SB 1944 prohibits local governments from seeking liquidated damages, administrative fees, or other similar charges against a solid waste management or recycling entity for action or inaction during a local, state or federal emergency. SB 1944 also caps the amount of liquidated damages, administrative fees or other similar charges that may be sought against a waste or recycling company to 50% of the amount billed to the customer for collection services at the daily rate. CS/CS/HB 1241 would prohibit a local government from assessing liquidated damages against a vendor that misses a scheduled collection during a declared emergency, so long as the vendor provides the missed collection service within 36 hours of the scheduled service. If the vendor fails to provide the collection service after 36 hours, the local government is not required to pay for that service. The bill does not apply to missed collections that are due to the fault of the vendor, and the bill does not apply to contracts or contractual provisions for the collection of storm-generated yard trash. Both bills apply to contracts executed or renewed on or after July 1, 2022. (O’Hara)

Local Ordinances – FAILED 

CS/CS/SB 280 (Hutson) and CS/HB 403 (Giallombardo) impose new substantive requirements on municipalities for adopting and enforcing ordinances. First, the bills require a municipality to prepare a business impact estimate before adopting an ordinance and specifies the minimum content that must be included in the statement. The estimate must be posted on the municipality’s website no later than the date of publication of notice of the proposed ordinance. Second, the bills require a municipality to suspend enforcement of an ordinance that is the subject of a civil action challenging the ordinance’s validity on grounds that it is arbitrary ...

CS/CS/SB 280 (Hutson) and CS/HB 403 (Giallombardo) impose new substantive requirements on municipalities for adopting and enforcing ordinances. First, the bills require a municipality to prepare a business impact estimate before adopting an ordinance and specifies the minimum content that must be included in the statement. The estimate must be posted on the municipality’s website no later than the date of publication of notice of the proposed ordinance. Second, the bills require a municipality to suspend enforcement of an ordinance that is the subject of a civil action challenging the ordinance’s validity on grounds that it is arbitrary or unreasonable or expressly preempted by state law. This requirement applies only if: the action was filed within 90 days of the ordinance’s effective date; suspension of the ordinance was requested in the complaint; and the municipality was served with a copy of the complaint. If the municipality prevails in the civil action and an appeal is taken, the bills authorize the court to consider continuing or lifting the stay of enforcement of the ordinance. Third, the bills authorize the award of attorney fees, costs and damages to a prevailing plaintiff in a civil action commenced after October 1, 2022, in which an ordinance is alleged to be arbitrary or unreasonable. The bills require courts to prioritize and expedite the disposition of cases in which enforcement of an ordinance is suspended. The bills exempt various ordinances from the stay of enforcement provision. CS/CS/SB 280 passed the Senate (28-8) and died in the House. (O'Hara)

Municipal Water and Sewer Utility Rates (Oppose) – FAILED 

SB 886 (Jones) and HB 515 (Robinson, F.) require a municipal water or sewer utility that serves customers in another recipient municipality using infrastructure located in the recipient municipality to charge consumers in the recipient municipality the same rates, fees and charges as it does the consumers inside its municipal boundaries. (Branch) ...

SB 886 (Jones) and HB 515 (Robinson, F.) require a municipal water or sewer utility that serves customers in another recipient municipality using infrastructure located in the recipient municipality to charge consumers in the recipient municipality the same rates, fees and charges as it does the consumers inside its municipal boundaries. (Branch)

Residential Home Protection (Support) – PASSED 

CS/SB 518 (Brodeur) clarifies current law section 163.045, F.S., which provides that a local government may not require a notice, application, permit, fee, or mitigation for pruning, trimming, or removing a tree on a residential property if the owner obtains documentation from an arborist or licensed landscape architect that the tree presents a danger to persons or property. The bill defines “documentation” as an onsite assessment performed in accordance with tree risk assessment procedures outlined in Best Management Practices – Tree Risk Assessment, Second Edition (2017) by an arborist certified by the International Society of Arboriculture (ISA) or ...

CS/SB 518 (Brodeur) clarifies current law section 163.045, F.S., which provides that a local government may not require a notice, application, permit, fee, or mitigation for pruning, trimming, or removing a tree on a residential property if the owner obtains documentation from an arborist or licensed landscape architect that the tree presents a danger to persons or property. The bill defines “documentation” as an onsite assessment performed in accordance with tree risk assessment procedures outlined in Best Management Practices – Tree Risk Assessment, Second Edition (2017) by an arborist certified by the International Society of Arboriculture (ISA) or a Florida licensed landscape architect, and signed by the arborist or landscape architect. It defines “residential property” as a single-family, detached building located on a lot actively used for single-family residential purposes and that is either a conforming use or a legally recognized non-conforming use. The bill removes reference to the term “danger” and replaces it with the phrase “unacceptable risk”. It specifies a tree presents an unacceptable risk if removal is the only means of practically mitigating its risk before moderate, as determined by the tree risk assessment procedures outlined in the Best Management Practices – Tree Risk Assessment, Second Edition (2017). CS/SB 518 passed the Senate (38-0) and the House (116-1) and is awaiting action by the Governor. (O'Hara)

Soil and Groundwater Contamination (Support) – PASSED 

CS/HB 1475 (McClure) provides that if the U.S. Environmental Protection Agency has not finalized its standards for Per- and Polyfluoroalkyl Substances (PFAS) in drinking water, groundwater and soil by January 2025, the Department of Environmental Protection (DEP) must adopt by rule statewide cleanup target levels for PFAS in drinking water, soil and groundwater, with priority given to PFOA and PFOS. The DEP rules may not take effect until ratified by the Legislature. In addition, until the department’s rule for a particular PFAS constituent has been ratified by the Legislature, a governmental agency or private water supplier may not ...

CS/HB 1475 (McClure) provides that if the U.S. Environmental Protection Agency has not finalized its standards for Per- and Polyfluoroalkyl Substances (PFAS) in drinking water, groundwater and soil by January 2025, the Department of Environmental Protection (DEP) must adopt by rule statewide cleanup target levels for PFAS in drinking water, soil and groundwater, with priority given to PFOA and PFOS. The DEP rules may not take effect until ratified by the Legislature. In addition, until the department’s rule for a particular PFAS constituent has been ratified by the Legislature, a governmental agency or private water supplier may not be subject to any administrative or judicial action under Chapter 376 brought by any state or local governmental entity to compel or enjoin site rehabilitation, to require payment for the cost of rehabilitation, or to require payment of any fines or penalties regarding rehabilitation based on the presence of that particular PFAS constituent. CS/HB 1475 passed the House (111-0) and the Senate (38-0) and is awaiting action by the Governor. (O’Hara)

Sovereign Immunity (Oppose) – FAILED

CS/CS/CS/SB 974 (Gruters) and CS/CS/HB 985 (Beltran) revise the statutory limits on liability for tort claims against the state and its agencies and subdivisions (which include cities). The current statutory limits for claims are $200,000 per person and $300,000 per incident.  ...

CS/CS/CS/SB 974 (Gruters) and CS/CS/HB 985 (Beltran) revise the statutory limits on liability for tort claims against the state and its agencies and subdivisions (which include cities). The current statutory limits for claims are $200,000 per person and $300,000 per incident.  CS/CS/HB 985, as amended, seeks to increase statutory limits for claims to $400,000 per person and $600,000 per incident. CS/CS/CS/SB 974 was amended to change the current statutory limits to a tiered system based on a population threshold. A city or county whose population is 50,000 or less maintains the current limits of $200,000 per person and $300,000 per occurrence. For a city or county whose population is between 50,001-250,000, the limits increase to $300,000 per person and $400,000 per occurrence. Lastly, for a city or county whose population is greater than 250,001, the limits would be increased to $400,000 per person and $600,000 per occurrence. (Cruz)

Statewide Flooding and Sea-Level Rise Resilience (Support) – PASSED 

CS/HB 7053 (Environment, Agriculture & Flooding Subcommittee) establishes the Office of Resiliency within the Executive Office of the Governor and provides for the appointment of a Chief Resilience Officer. The bill requires the Department of Transportation to develop a resilience action plan for the State Highway System. The bill makes various revisions to current law relating to statewide resiliency funding and planning, including: authorizing the use of Resilient Florida Grant Program funds for preconstruction activities for projects in municipalities and counties meeting certain population thresholds, but not for projects that adapt critical assets to flooding and sea-level rise; ...

CS/HB 7053 (Environment, Agriculture & Flooding Subcommittee) establishes the Office of Resiliency within the Executive Office of the Governor and provides for the appointment of a Chief Resilience Officer. The bill requires the Department of Transportation to develop a resilience action plan for the State Highway System. The bill makes various revisions to current law relating to statewide resiliency funding and planning, including: authorizing the use of Resilient Florida Grant Program funds for preconstruction activities for projects in municipalities and counties meeting certain population thresholds, but not for projects that adapt critical assets to flooding and sea-level rise; extending by one year the dates by which the Comprehensive Statewide Flood Vulnerability and Sea-Level Rise Data Set and the Assessment must be completed; requiring the Florida Flood Hub to provide tidal and storm surge flooding data to cities and counties for vulnerability assessments; and requires DEP to rank and include in its annual Statewide Flooding and Sea Level Rise Resilience Plan all eligible projects that were submitted and to include a detailed overview describing how the plan was developed; specifying that the DEP plan submitted in 2023 must be an update to the preliminary plan submitted in 2021; and authorizes drainage districts, erosion control districts, regional water supply authorities, and certain special districts to submit proposed projects for the plan under certain circumstances. HB 7053 passed the House (114-1) and the Senate (37-0) and is awaiting action by the Governor. (O’Hara)

Taxation (Watch) – PENDING Vote on March 14

CS/HB 7071 (Ways and Means Committee) is the tax package for the 2022 Legislative Session. The bill provides for several tax reductions and other tax-related modifications. Several provisions in the bill are related to property taxes including increasing the value of property exempt from ad valorem taxation for residents who are widows, widowers, blind, or totally and permanently disabled from $500 to $5,000. The bill provides property tax abatement for residential property rendered uninhabitable for 30 days or more due to a catastrophic event and provides relief from all assessments to owners affected by the sudden and unforeseen ...

CS/HB 7071 (Ways and Means Committee) is the tax package for the 2022 Legislative Session. The bill provides for several tax reductions and other tax-related modifications. Several provisions in the bill are related to property taxes including increasing the value of property exempt from ad valorem taxation for residents who are widows, widowers, blind, or totally and permanently disabled from $500 to $5,000. The bill provides property tax abatement for residential property rendered uninhabitable for 30 days or more due to a catastrophic event and provides relief from all assessments to owners affected by the sudden and unforeseen collapse of a residential building in 2021. The bill clarifies how the start date is calculated relating to the 15-year waiting period for an affordable housing exemption. The bill also modifies the assessment methodology for land used in the production of aquaculture products. The bill includes the “Florida Motor Fuel Tax Relief Act of 2022,” which is a one-month holiday reducing certain motor fuel taxes. The bill includes numerous sales tax holidays, two new sales tax exemptions and a reduction in the sales tax on new mobile homes. (Hughes)

Vacation Rentals (CS/SB 512 – Watch; CS/HB 325 – Oppose) – FAILED 

CS/SB 512 (Burgess) and CS/HB 325 (Fischer)  ...

CS/SB 512 (Burgess) and CS/HB 325 (Fischer)  Impact on Local Governments The bills maintain the current preemption on local governments from adopting zoning ordinances specific to short-term rentals, as well as regulating the duration of stays and the frequency in which the properties are rented. The bills expand this preemption to include local regulations on advertising platforms. For cities that adopted ordinances prior to June 1, 2011, the bills maintain the “grandfather” currently in place but clarify that those cities may amend their ordinances to be less restrictive or to comply with a local registration program. For cities that do not have “grandfathered” protections, the bills preempt cities from licensing short-term rentals; however, they authorize local governments to have a local registration program.  Local governments who choose to adopt a local registration program may impose a fine for failure to register. The local government has 15 days after receiving an application for registration to either accept the application or issue a written notice specifying all deficiencies. Both parties may agree to extend the timeline. If a municipality does not accept or deny an application within that 15-day window, that application is deemed approved. As a condition of registration, the local registration programs may only require the owner or operator of a vacation rental to: •Pay a fee of no more than $50 for processing the registration application •Renew their registration no more than once per year unless the property has a change in ownership  •Submit identifying information about the owner or the property manager and the short-term rental being registered •Obtain a license as a transient public lodging establishment by the Department of Business and Professional Regulation (DBPR) within 60 days of local registration •Obtain all required tax registration, receipts or certificates issued by the Department of Revenue, a county or a municipal government  •Maintain all registration information on a continuing basis so it is current •Comply with parking and solid waste handling requirements. These requirements cannot be imposed solely on short-term rentals. •Designate and maintain a property designee who can respond to complaints and other immediate problems related to the property, including being available by phone •Pay in full all municipal or county code liens against the property being registered.  CS/HB 325 was amended in committee to change the fee structure for ordinances adopted after 2014. CS/HB 325 now prohibits local governments from charging a fee for a local vacation rental registration. However, the amendment “grandfathers” in the fee structure for local governments with ordinances in place up until the bill takes effect. Going forward, local governments who receive “grandfathered” protections of their fee would not be permitted to increase them, only reduce or eliminate the amount. Additionally, the amendment includes a cure period for vacation rental owners who fail to register with the local government. The bill now mandates local governments waive the fine for failure to register if the owner becomes complaint within 30 days of receiving the notice. These provisions are not contained in CS/SB 512.  CS/SB 512 was amended to account for collective licenses at the local level and caps the registration fee at $100.  Impact on Advertising Platforms and DBPR Advertising platforms must include in all listings the property’s state license number, and if applicable, the local registration number. After July 1, 2023, the advertising platform will be required to check and verify the license number of all listings with DBPR. Additionally, by that date, DBPR will be required to maintain all short-term rental license information in an electronic format to ensure prompt compliance. Advertising platforms will be required to remove unlicensed listings within 15 days after notification by DBPR, as well as collect and remit all required taxes.  Termination/Denial of License DBPR may revoke, refuse to issue or renew a short-term rental license or suspend the license for up to 30 days under several circumstances: •The property owner violates the terms of any lease or applicable condominium, coop or homeowner’s association restrictions  •The owner fails to provide proof of local registration if one is required •The local registration is terminated by a local government for violating any of the registration requirements described above •The property and property owner are subject to a final order or judgment directing termination of the property’s short-term rental status •DBPR may also suspend the license for up to 30 days when the short-term rental has been cited for two or more code enforcement violations during a 90-day period. CS/SB 512 was amended to specify that these violations must be brought by a code enforcement board. (Taggart)

BUILDING CODE/CONSTRUCTION

Building Plan Changes (Watch) – FAILED 

SB 1020 (Perry), SB 976 (Perry) and CS/CS/HB 635 (Maggard) prohibit local building code administrators, inspectors and fire safety marshals from making changes to certain building plans under specified circumstances once the local building department has approved and sealed the plans.  ...

SB 1020 (Perry), SB 976 (Perry) and CS/CS/HB 635 (Maggard) prohibit local building code administrators, inspectors and fire safety marshals from making changes to certain building plans under specified circumstances once the local building department has approved and sealed the plans.  HB 1281 (DiCeglie) and SB 976 prohibit any governmental entity from requiring participation in a paid subscription service to access solicitations of competitive bids or proposals which must be publicly advertised. The bills require that such solicitations be available on the publicly accessible website of the applicable governmental entity after the solicitation has been advertised. (Branch)

Building Regulations (Watch) – PASSED 

CS/CS/HB 423 (LaMarca) does the following: ...

CS/CS/HB 423 (LaMarca) does the following: •Increases the minimum hours of training required in multifamily training programs for a fire safety inspector to qualify to take the building inspector or plans examiner certification exam •Allows those that have completed a four-year internship certification program with a private provider (instead of with a local government) to qualify to take the building inspector or plans examiner certification exam •Prohibits the Florida Building Code Administrators and Inspectors Board from requiring employment with a local government as a condition for the issuance of a provisional certificate •Clarifies that applicants that use private providers can only be charged permit fees based on the costs actually incurred by the local government to process the permit •Requires that local governments give private providers equal access to permitting and inspection documents •Requires building officials to issue occupancy or completion certificates within 10 days of a "deemed granted" certificate •Allows an owner, builder or an association of owners located in Florida that has a valid building permit issued by a local government for a fee to bring a civil action under certain circumstances  •Provides that a local government may not prohibit or restrict a property owner to obtain a building permit to demolish any single-family residential structure located in certain flood hazard areas provided that the permit otherwise complies with applicable building code requirements. CS/CS/HB 423 passed the House (113-0) and the Senate (38-0) and is awaiting action by the Governor. (Branch)

Charter School Zoning (Watch) – PASSED 

CS/CS/SB 758 (Diaz) creates the Charter School Review Commission within the Florida Department of Education. Of interest to cities, the bill amends local government regulations dealing with zoning of charter schools. The bill does the following:  ...

CS/CS/SB 758 (Diaz) creates the Charter School Review Commission within the Florida Department of Education. Of interest to cities, the bill amends local government regulations dealing with zoning of charter schools. The bill does the following:  •Prohibits a charter school from being subject to any land regulation that would not be required for a public school in the same location •Expands the list of properties or facilities that may provide space to charter schools within their facilities under their preexisting zoning without needing to obtain a special exception.  CS/CS/SB 758 passed the House (86-28) and the Senate (27-11) and is awaiting action by the Governor. (Branch)

Community Associations’ Building Inspections (Watch) – FAILED 

SB 1780 (Pizzo) and HB 1391 (Geller) address inspection requirements for community associations. Of interest to municipalities, the bills require each association to include in their bylaws the following: for a building that is four stories or more and located within a one-half mile radius of the Gulf of Mexico or the Atlantic Ocean, the Board must have the building inspected by a licensed architect or engineer once the building reaches 30 years of age and every five years thereafter, and provide that report to the local authority having jurisdiction. (Branch) ...

SB 1780 (Pizzo) and HB 1391 (Geller) address inspection requirements for community associations. Of interest to municipalities, the bills require each association to include in their bylaws the following: for a building that is four stories or more and located within a one-half mile radius of the Gulf of Mexico or the Atlantic Ocean, the Board must have the building inspected by a licensed architect or engineer once the building reaches 30 years of age and every five years thereafter, and provide that report to the local authority having jurisdiction. (Branch)

Condominium and Cooperative Associations (Watch) – FAILED 

SB 1942 (Pizzo) and HB 1393 (Geller) address inspection and reserve requirements for community associations. Of interest to municipalities, the bills: ...

SB 1942 (Pizzo) and HB 1393 (Geller) address inspection and reserve requirements for community associations. Of interest to municipalities, the bills: •Require the local jurisdiction to issue a notice or required recertification inspection to the association when the condominium building is 20 years of age or older •Requires the architect or engineer who performed the inspection to submit a sealed copy of the report to the local authority within seven days after the board receives the completed report •Require the Condominium Board to complete any repairs or modifications within six months after receipt of the recertification report according to the Florida Building Code •Requires the Board, under a seal signature of a licensed architect or engineer and within seven days of the completion of repairs or modifications, to provide the local authority a copy affirming that the remedial action has been completed •Require the Board of Directors to provide a copy of the reserve study or financial statement to the local authority having jurisdiction within a specified time •Authorize the local authority having jurisdiction to order a mandatory evacuation of the residential condominium under certain circumstances. (Branch)

Condominium and Cooperative Associations Building Safety (Watch) – PENDING 

CS/HB 7069 (Pandemics & Public Emergencies Committee) does the following: ...

CS/HB 7069 (Pandemics & Public Emergencies Committee) does the following: •Creates a statewide structural inspection program for aging multifamily residential buildings •Defines the term "milestone inspection" to mean a structural inspection of a building by a licensed architect or engineer authorized to practice in this state for the purposes of attesting to the life safety and adequacy of the structural components •Makes known that the cost associated with the inspections are the responsibility of the condominium owner or association •Requires multifamily residential buildings that are greater than three stories in height to have a milestone inspection performed by December 31 of the year in which the building reaches 30 years of age and every 10 years thereafter •Requires multifamily residential buildings located within 3 miles of a coastline and are greater than three stories in height to have a milestone inspection performed by December 31 of the year in which the building reaches 25 years of age and every 10 years thereafter •Requires local enforcement agencies to provide certain written notice to condominium associations and cooperative •Requires the condominium association to complete the milestone inspection report within 180 days after receiving written notice •Requires any multifamily residential building whose certificate of occupancy was issued on or before July 1, 1992, to have their initial milestone inspection performed before December 31, 2024 •Requires the architect or engineer who performed the inspection to submit a sealed copy of the report to each condominium unit owner and to the building official of the local government of jurisdiction •Allows the local enforcement agency the ability to prescribe timelines and penalties with respect to compliance with the above section •Allows a board of County Commissioners to adopt an ordinance specifying when repairs must commence. If the association fails to commence repairs within 365 days, the local enforcement agency must review and determine if the building is unsafe for human occupancy  •Requires the Florida Building Commission to develop comprehensive structural and life safety standards for maintaining and inspecting all building types and structures by December 31, 2022.  CS/HB 7069 passed the Senate (38-0) and is awaiting action by the House. (Branch)

Repeal of Developer Incentive Requirements (Support) – FAILED 

HB 6057 (Eskamani) removes provisions requiring counties and municipalities to provide incentives to fully offset the costs of certain affordable housing contributions or linkage fees. (Branch) ...

HB 6057 (Eskamani) removes provisions requiring counties and municipalities to provide incentives to fully offset the costs of certain affordable housing contributions or linkage fees. (Branch)

Road Construction (Watch) – FAILED 

HB 1365 (Maggard) and SB 1784 (Burgess) create the Rural Roads Initiative Pilot Program within the Florida Department of Transportation with the purpose of paving state, county or municipal roads within East Pasco County that are currently unpaved. Within the program, Pasco County Board of County Commissioners or the governing board of a municipality within East Pasco County may apply to the Department of Transportation for funding to pave roads that are currently unpaved and the cost of which cannot be met by the residents. The bills specify that a road paving project funded under the program is ...

HB 1365 (Maggard) and SB 1784 (Burgess) create the Rural Roads Initiative Pilot Program within the Florida Department of Transportation with the purpose of paving state, county or municipal roads within East Pasco County that are currently unpaved. Within the program, Pasco County Board of County Commissioners or the governing board of a municipality within East Pasco County may apply to the Department of Transportation for funding to pave roads that are currently unpaved and the cost of which cannot be met by the residents. The bills specify that a road paving project funded under the program is subject only to construction standards established by the county or the municipality in which the road is located and is not subject to department standards. (Branch)

Powers of the Florida Building Commission (Watch) – FAILED 

SB 1604 (Perry) and HB 771 (Andrade) require the Florida Building Commission to develop uniform standards for the maintenance and periodic inspections of existing building structures and facilities across the state. (Branch) ...

SB 1604 (Perry) and HB 771 (Andrade) require the Florida Building Commission to develop uniform standards for the maintenance and periodic inspections of existing building structures and facilities across the state. (Branch)

Standards for Buildings and Firesafety (Watch) – FAILED 

HB 626 (Wright) and SB 659 (Harding) change the effective date of the Florida Fire Prevention Code so that the Code will take effect no sooner than six months after the latest occurrence of the publication of the updated Florida Building Code. (Branch) ...

HB 626 (Wright) and SB 659 (Harding) change the effective date of the Florida Fire Prevention Code so that the Code will take effect no sooner than six months after the latest occurrence of the publication of the updated Florida Building Code. (Branch)

Other Bills of Interest

SB 352 (Hooper) – Construction Liens ...

SB 352 (Hooper) – Construction Liens HB 263 (Bell) – Notice of Commencement Requirements HB 1397 (Geller) and SB 1774 (Pizzo) – Condominium Associations

CYBERSECURITY

Cybersecurity (Support) – PASSED 

CS/HB 7055 (State Administration and Technology Appropriations Subcommittee, Giallombardo) creates the Local Government Cybersecurity Act. The bill requires all local government employees with access to the government’s network to complete a basic cybersecurity training within 30 days after they begin employment and annually thereafter. All local government technology employees and employees with access to highly sensitive information will be required to complete more advanced cybersecurity training. The Florida Digital Service will develop and provide these trainings. The bill also requires local governments to adopt cybersecurity standards that safeguard their data, information technology and information technology resources to ensure ...

CS/HB 7055 (State Administration and Technology Appropriations Subcommittee, Giallombardo) creates the Local Government Cybersecurity Act. The bill requires all local government employees with access to the government’s network to complete a basic cybersecurity training within 30 days after they begin employment and annually thereafter. All local government technology employees and employees with access to highly sensitive information will be required to complete more advanced cybersecurity training. The Florida Digital Service will develop and provide these trainings. The bill also requires local governments to adopt cybersecurity standards that safeguard their data, information technology and information technology resources to ensure availability, confidentiality and integrity. The standards must be consistent with generally accepted best practices for cybersecurity, including the National Institute of Standards and Technology (NIST) and Technology Cybersecurity Framework. Municipalities with a population over 25,000 must comply by January 1, 2024. Municipalities with a population under 25,000 must comply by January 1, 2025. The bill also requires local governments to report cybersecurity incidents and ransomware incidents to the State Watch Office as soon as possible but no later than 48 hours after discovery for a cybersecurity incident and 12 hours after discovery for a ransomware incident. The bill also prohibits state agencies, counties and municipalities from paying or otherwise complying with a ransom demand. The budget includes $67 million of nonrecurring state funding to assist local governments in complying with the provisions of the bill.  The bill was amended to add more clarity regarding the type of cyber incidents that need to be reported by a local government. The amendment defines the levels of severity of a cybersecurity incident set by the U.S. Department of Homeland Security National Cyber Incident Response Plan. All incidents that could be described as levels 3-5 in severity shall be reported to the Cybersecurity Operations Center with the timelines specified above. Level 1-2 incidents may be reported if the local government chooses. The amendment also requires the advanced training to include training on the incident levels. CS/HB 7055 passed the House (110-0) and the Senate (38-0) and is awaiting action by the Governor. (Taggart)

Public Records and Meetings/Cybersecurity or Ransomware Incident (Support) – PASSED 

CS/HB 7057 (State Administration and Technology Appropriations Subcommittee, Giallombardo) provides a public records exemption for coverage limits and deductible or self-insurance amounts of insurance or risk mitigation coverages acquired for the protection of information technology systems, operational technology systems or data of a local government. The bill also exempts information related to an agency’s critical infrastructure. Additionally, any information related to an agency’s network schematics, hardware and software configurations, or encryption information or details that identify detection, investigation, or response practices or confirmed cybersecurity incidents are exempt under the bill. Finally, the bill creates a public meeting exemption ...

CS/HB 7057 (State Administration and Technology Appropriations Subcommittee, Giallombardo) provides a public records exemption for coverage limits and deductible or self-insurance amounts of insurance or risk mitigation coverages acquired for the protection of information technology systems, operational technology systems or data of a local government. The bill also exempts information related to an agency’s critical infrastructure. Additionally, any information related to an agency’s network schematics, hardware and software configurations, or encryption information or details that identify detection, investigation, or response practices or confirmed cybersecurity incidents are exempt under the bill. Finally, the bill creates a public meeting exemption for any portion of a meeting that would reveal the confidential and exempt information described above. The meetings must be recorded and transcribed, but those records are exempt. CS/HB 7057 passed the House (111-0) and the Senate (38-0) and is awaiting action by the Governor. (Taggart)

Critical Infrastructure Standards and Procedures (Watch) – FAILED 

CS/SB 828 (Hutson) requires local governments when procuring automation and control system components, services, or solutions or entering into a contract for the construction, reconstruction, alteration, or design of a critical infrastructure facility that such components, services, and solutions conform to the ISA 62443 series of standards as referenced by the National Institute of Standards and Technology Cybersecurity Framework (NIST CSF), beginning July 1, 2022. The bill also requires local governments to ensure that all contracts for the construction, reconstruction, alteration, or design of a critical infrastructure facility require that installed automation and control system components meet the ...

CS/SB 828 (Hutson) requires local governments when procuring automation and control system components, services, or solutions or entering into a contract for the construction, reconstruction, alteration, or design of a critical infrastructure facility that such components, services, and solutions conform to the ISA 62443 series of standards as referenced by the National Institute of Standards and Technology Cybersecurity Framework (NIST CSF), beginning July 1, 2022. The bill also requires local governments to ensure that all contracts for the construction, reconstruction, alteration, or design of a critical infrastructure facility require that installed automation and control system components meet the minimum standards for cybersecurity as defined in the ISA 62443 series of standards as referenced by NIST CSF.  HB 1147 (Giallombardo) is similar to CS/SB 828 but has different implementing requirements and timelines. By July 1, 2022, when local governments procure automation and control system components, services, or solutions, or when contracting for facility upgrades for critical infrastructure, the local government must require those new components or services to meet the ISA/IEC 62443 standards. The main difference in these two bills is that HB 1147 encourages local governments who operate critical infrastructure to, by July 1, 2022, have those systems and controls comply with and meet operational standards as defined in the ISA/IED 62443 series of standards as determined by NIST CSF. The bill also encourages asset owners to annually conduct a risk assessment and create a risk mitigation plan. (Taggart)

Cyber Florida - Local Government Infrastructure and Technical Assistance (Support) – FAILED 

HB 9241 (Giallombardo) would provide a nonrecurring sum of $5 million to fund the Cyber Florida - Local Government Infrastructure and Technical Assistance. This funding would create a program for Cyber Florida to offer threat assessments and grant funding to help local governments update their information technology. (Taggart)  ...

HB 9241 (Giallombardo) would provide a nonrecurring sum of $5 million to fund the Cyber Florida - Local Government Infrastructure and Technical Assistance. This funding would create a program for Cyber Florida to offer threat assessments and grant funding to help local governments update their information technology. (Taggart)

Public Records and Public Meetings/Certain Information Held by a Utility (Support) – FAILED 

SB 1740 (Wright) and CS/CS/HB 1287 (Botana) provide an exemption from public records information related to threat technology and operational technology systems of a utility owned or operated by a unit of local government, including but not limited to plans and actions made or taken in response to a ransomware attack or other cyberattack. CS/CS/HB 1287 was amended to expand the exemption to include insurance information and critical energy infrastructure information to information held by all local governments, not just utilities owned or operated by a local government. The amendment also added a public meeting exemption for portions ...

SB 1740 (Wright) and CS/CS/HB 1287 (Botana) provide an exemption from public records information related to threat technology and operational technology systems of a utility owned or operated by a unit of local government, including but not limited to plans and actions made or taken in response to a ransomware attack or other cyberattack. CS/CS/HB 1287 was amended to expand the exemption to include insurance information and critical energy infrastructure information to information held by all local governments, not just utilities owned or operated by a local government. The amendment also added a public meeting exemption for portions of a meeting of a local government that would reveal data or information made confidential under the bill. The bills also exempt from public record information related to insurance or other risk mitigation products or coverages, including but not limited to deductible or self-insurance amounts, coverage limits, and policy terms and conditions. (Taggart)

ECONOMIC DEVELOPMENT

Agreements with Professional Sports Teams (Watch) – FAILED 

HB 499 (Gregory) and SB 1298 (Gruters) require agreements between a governmental entity and a professional sports team or sporting event entered into after July 1, 2022, to include a requirement that the U.S. National Anthem be played at the beginning of each sporting event if the agreement includes a financial commitment from the governmental agency. The government that enters into the agreement would be responsible for enforcing this requirement. The bills also specify penalties for the sports entity for failure to comply. (Taggart) ...

HB 499 (Gregory) and SB 1298 (Gruters) require agreements between a governmental entity and a professional sports team or sporting event entered into after July 1, 2022, to include a requirement that the U.S. National Anthem be played at the beginning of each sporting event if the agreement includes a financial commitment from the governmental agency. The government that enters into the agreement would be responsible for enforcing this requirement. The bills also specify penalties for the sports entity for failure to comply. (Taggart)

Economic Development (Support) – FAILED 

CS/SB 800 (Albritton) authorizes municipalities to exempt by ordinance the public service tax on electrical energy for qualified purchasers determined by the Department of Revenue (DOR). The bill also provides a sales tax exemption for building materials being used to revitalize real property located within an opportunity zone. The bill specifies that the sales tax exemption will be distributed in the form of a refund on previously paid taxes if the property owner, lessee or lessor files an application with the local government that the opportunity zone is located. The bill specifies the information that the applicant will ...

CS/SB 800 (Albritton) authorizes municipalities to exempt by ordinance the public service tax on electrical energy for qualified purchasers determined by the Department of Revenue (DOR). The bill also provides a sales tax exemption for building materials being used to revitalize real property located within an opportunity zone. The bill specifies that the sales tax exemption will be distributed in the form of a refund on previously paid taxes if the property owner, lessee or lessor files an application with the local government that the opportunity zone is located. The bill specifies the information that the applicant will be required to provide in their application to the local government and give the local government 10 business days to certify the application for completeness and transmit it to DOR. The applicant is also required to forward the application to DOR. Applications for a sales tax refund must be submitted to DOR within six months of the real property being deemed “substantially completed” by the local building inspector. Applicants are limited to one application per property, and the amount must exceed $500. Additionally, the bill expands this tax exemption to include electrical energy being used by a business that operates in an opportunity zone for up to 50% of the tax imposed if the municipality chooses to adopt an ordinance. The bill also modifies some parameters of the Rural Job Tax Credit Program by removing the minimum number of employees and increasing the tax credit per employee from $1,000 to $2,500. The bill also creates the Rural Opportunity Tax Refund Program intended to provide tax relief for new, qualified targeted businesses that bring economic diversity and high-wage jobs to rural areas. In order for a qualified targeted business to receive this tax benefit, the municipality where the business will be located must adopt a resolution recommending the applicant be approved. (Taggart)

Florida Tourism Marketing (Support) – PASSED  

SB 434 (Hooper) delays the scheduled repeal of the Florida Tourism Industry Marketing Corporation (Visit Florida) and the Division of Tourism Marketing of Enterprise Florida, from 2023 to 2028. SB 434 passed the House (98-17) and the Senate (36-3) and is awaiting action by the Governor. (Taggart) ...

SB 434 (Hooper) delays the scheduled repeal of the Florida Tourism Industry Marketing Corporation (Visit Florida) and the Division of Tourism Marketing of Enterprise Florida, from 2023 to 2028. SB 434 passed the House (98-17) and the Senate (36-3) and is awaiting action by the Governor. (Taggart)

Rural Development (Support) – FAILED 

CS/CS/HB 685 (Drake) reduces the required non-state match amount for the Regional Rural Development Grants Program from 25% to 15% and allows in-kind contributions to count toward this threshold. The bill removes the requirement that repaid funds from the Rural Community Development Revolving Loan Fund be matched to be retained to fund future loans. Finally, the bill revises the uses of the Rural Infrastructure Fund to remove the requirement that grants be linked to financing specific projects. It increases the proportion of an infrastructure project that may be covered by the grant from 50% to 75% and increases ...

CS/CS/HB 685 (Drake) reduces the required non-state match amount for the Regional Rural Development Grants Program from 25% to 15% and allows in-kind contributions to count toward this threshold. The bill removes the requirement that repaid funds from the Rural Community Development Revolving Loan Fund be matched to be retained to fund future loans. Finally, the bill revises the uses of the Rural Infrastructure Fund to remove the requirement that grants be linked to financing specific projects. It increases the proportion of an infrastructure project that may be covered by the grant from 50% to 75% and increases the maximum grant for infrastructure feasibility studies, design and engineering activities, or other infrastructure planning and preparation activities to $300,000 for all projects. The bill removes the local match requirement for surveys, feasibility studies, and other activities related to the identification and preclearance review of land which is suitable for preclearance review and removes the requirement that a grant for an employment project creates a minimum number of jobs. (Taggart)

Other Bills of Interest

HB 202 (Farmer) – Small Business Website Development Grant Program ...

HB 202 (Farmer) – Small Business Website Development Grant Program HB 217 (Trabulsy) and SB 946 (Trabulsy) – Film, Television and Digital Media Rebate Program HB 247 (Salzman) and HB 1310 (Rodriguez, A.) – Florida Main Street Program and Historic Preservation Tax Credits HB 359 (Eskamani) – Agreement for Best Practices in Economic Development SB 1098 (Brodeur) and HB 835 (Duggan) – Smart Region Zones HB 6059 (Eskamani) ad SB 1896 (Farmer) – Confidentiality of Economic Development Agreement Information

ETHICS & ELECTIONS

Campaign Finance (Watch) – FAILED 

HB 1359 (Roach) provides that a political committee or electioneering communications organization that over a 24-month period does not make or receive expenditures or contributions exceeding $5,000 in the aggregate is dissolved and must dispose of surplus funds in accordance with the Florida Elections Code. The bill also revises campaign contribution limits for candidates for legislative office, the Governor and members of the cabinet. (O'Hara) ...

HB 1359 (Roach) provides that a political committee or electioneering communications organization that over a 24-month period does not make or receive expenditures or contributions exceeding $5,000 in the aggregate is dissolved and must dispose of surplus funds in accordance with the Florida Elections Code. The bill also revises campaign contribution limits for candidates for legislative office, the Governor and members of the cabinet. (O'Hara)

Campaign Finance (Support) – FAILED 

HB 6109 (Eskamani) removes provisions that preempt local governments from enacting or adopting limitations and restrictions involving certain contributions and expenditures or establishing contribution limits different than those established in the Florida Election Code. (O'Hara) ...

HB 6109 (Eskamani) removes provisions that preempt local governments from enacting or adopting limitations and restrictions involving certain contributions and expenditures or establishing contribution limits different than those established in the Florida Election Code. (O'Hara)

Elections (Oppose) – PASSED 

CS/CS/SB 524 (Hutson) amends various provisions of the Florida Elections Code. The bill creates the Office of Election Crimes and Security within the Department of State and revises requirements for special officers who may investigate election law violations. It requires County Commissioners of single-member districts to run for election after each decennial redistricting, with staggered terms as provided in section 100.041, except: Miami-Dade County; any noncharter county; any county the charter of which limits the number of terms a Commissioner may serve; and any county in which voters have never approved a charter amendment limiting the number of ...

CS/CS/SB 524 (Hutson) amends various provisions of the Florida Elections Code. The bill creates the Office of Election Crimes and Security within the Department of State and revises requirements for special officers who may investigate election law violations. It requires County Commissioners of single-member districts to run for election after each decennial redistricting, with staggered terms as provided in section 100.041, except: Miami-Dade County; any noncharter county; any county the charter of which limits the number of terms a Commissioner may serve; and any county in which voters have never approved a charter amendment limiting the number of terms a Commissioner may serve regardless of subsequent judicial nullification. The bill revises retention and information posting requirements for citizens’ initiative petition signature forms and authorizes review of proposed initiative amendment review processes to be halted if the validity of signatures for the petition has expired. It increases criminal penalties for ballot harvesting and crimes involving ballot petition signatures. The bill revises requirements for vote-by-mail ballots by conforming the mailing and canvassing timeframes for all mail ballot elections to those for vote-by-mail ballots in regular elections, effective January 1, 2024. The bill prohibits and preempts the use of ranked-choice voting to determine election or nomination to elective office and voids existing or future local ordinance authorizing the use of ranked-choice voting. The bill expands the prohibition against the use of private donations for elections-related expenses to include any kind of expense, including the costs of litigation related to the election. It amends provisions relating to voter registration by increasing penalties that may be assessed against third-party voter registration organizations for certain actions, including alteration of the voter registration application of any other person without the person’s knowledge or consent. In addition, it increases the frequency for conducting voter list maintenance and adds requirements for providing information about voter registration to the Department of State. In addition, it requires inactive voters to confirm their address of legal residence before being restored to active voter status. The bill expands a criminal penalty for early disclosure of election results. Finally, the bill requires the Department of State to report annually on investigations of election law violations and to submit a plan for using identifying numbers to confirm elector identity before returning a vote-by-mail ballot. CS/SB 524 passed the Senate (24-14) and the House (76-41) and is now awaiting action by the Governor. (O’Hara)

Ethics (Watch) – FAILED 

HB 7067 (Public Integrity & Ethics Committee) amends various provisions of the Code of Ethics for Public Officers and Employees. The bill updates the conflicting employment or contractual interest provision in the Code by deeming a contractual interest in certain businesses in which a public officer or employee holds an interest to be a contractual interest of such officer or employee. It revises the local government voting conflict law by requiring all affected officers (which would now include elected municipal officers) to disclose conflicts prior to participation in public discussions on such issues. The bill clarifies current law ...

HB 7067 (Public Integrity & Ethics Committee) amends various provisions of the Code of Ethics for Public Officers and Employees. The bill updates the conflicting employment or contractual interest provision in the Code by deeming a contractual interest in certain businesses in which a public officer or employee holds an interest to be a contractual interest of such officer or employee. It revises the local government voting conflict law by requiring all affected officers (which would now include elected municipal officers) to disclose conflicts prior to participation in public discussions on such issues. The bill clarifies current law provisions relating to the new mandatory electronic filing requirement for Form 1 financial disclosures. Finally, the bill amends provisions relating to mandatory ethics training by specified public officers and employees by specifying additional course conduct for ethics training, requiring persons completing ethics training to certify completion of such training and the name of the training provider on their annual financial disclosure filing. (O’Hara)

Fiduciary Duty of Care for Appointed Public Officials and Executive Officers (Oppose) – FAILED 

SB 508 (Diaz) establishes standards of conduct and a mandatory five hours of training relating to the "fiduciary duty of care" for appointed local public officers and executive officers of local government entities. In addition, the bills impose restrictions on legal representation by government attorneys. The fiduciary duty and training requirements apply to appointed officials of various local boards and committees, including code enforcement boards, planning and zoning boards, land use boards and community redevelopment agency boards. The requirements do not apply to pension board members. The bill provides that each appointed public official and executive officer has ...

SB 508 (Diaz) establishes standards of conduct and a mandatory five hours of training relating to the "fiduciary duty of care" for appointed local public officers and executive officers of local government entities. In addition, the bills impose restrictions on legal representation by government attorneys. The fiduciary duty and training requirements apply to appointed officials of various local boards and committees, including code enforcement boards, planning and zoning boards, land use boards and community redevelopment agency boards. The requirements do not apply to pension board members. The bill provides that each appointed public official and executive officer has a fiduciary duty of care to the governmental entity served and has a duty to act in accordance with laws and terms governing the office or employment, act with the care and competence normally exercised by private business professionals, act only within the scope of authority and refrain from conduct likely to damage the economic interests of the governmental entity. Further, such persons must become reasonably informed in connection with any decision-making function and keep reasonably informed concerning the performance of a governmental entity's officers, agents and employees. The bill imposes training requirements on appointed public officers and executive officers that require completion of at least five hours of board governance training per term served. The bill specifies the minimum content of such training programs, including board governance best practices and fiduciary duty of care and liabilities imposed by the new law. The bill provides that all legal counsel employed by a governmental entity must represent the legal interest and position of the governing body of the governmental entity and not the interest of any individual or employee of the governmental entity. (Cruz)

Implementation of the Constitutional Prohibition Against Lobbying by a Public Officer (Support) – PASSED 

CS/CS/HB 7001 (Public Integrity & Elections Committee) implements section 8(f), Article II of the state constitution, approved by voters in 2018. The provision prohibits lobbying by certain public officers both during public service and for a six-year period following vacation of public office. The prohibition applies to lobbying before the federal government, the Legislature, any state agency, or any political subdivision and takes effect December 31, 2022. The prohibition applies to the following public officers: statewide elected officers; legislators; county commissioners; constitutional county officers and county charter officials; school board members; school superintendents; elected municipal officers; elected special ...

CS/CS/HB 7001 (Public Integrity & Elections Committee) implements section 8(f), Article II of the state constitution, approved by voters in 2018. The provision prohibits lobbying by certain public officers both during public service and for a six-year period following vacation of public office. The prohibition applies to lobbying before the federal government, the Legislature, any state agency, or any political subdivision and takes effect December 31, 2022. The prohibition applies to the following public officers: statewide elected officers; legislators; county commissioners; constitutional county officers and county charter officials; school board members; school superintendents; elected municipal officers; elected special district officers in special districts with ad valorem taxing authority; and secretaries, executive directors, and other administrative heads of executive branch departments. The bill defines terms that are not defined in the constitutional provision. Notable definitions in the bill include: “lobby,” “compensation,” “legislative action,” “issue of policy,” “issue of procurement,” “issue of appropriation,” “administrative action,” lobbying before the federal government and lobbying before political subdivisions. The bill provides specified exemptions from the definition of lobbying. •“Administrative action” – means any process or decision regulated by Chapter 120. For a political subdivision not regulated by Chapter 120, the term means any action or decision on a license, permit, waiver of regulation, development order or permit, development agreement, any quasi-judicial proceeding on land use matters, any decision subject to judicial review by petition for writ of certiorari, or any other procedure governed by existing law, ordinance, rule or regulation, except on an issue of procurement. •“Issue of appropriation” – means a legislative decision to expend or approve an expenditure of public funds, including decisions that are delegated to an administrator. •“Issue of policy” – means a change in a law, ordinance or decision, plan, or course of action designed to influence the actions of a governmental entity or to regulate conduct. •The term “lobby” does not include the following: oProviding confidential information for law enforcement purposes; oAppearing as a witness at the written request of a legislative body or committee, including a legislative delegation meeting; oAppearing or offering testimony as an expert witness.  •“Lobby for compensation” – means being employed or contracting for compensation, for the purpose of lobbying, and includes being principally employed for governmental affairs to lobby on behalf of a person or governmental entity; but the term does not include the following: oA public officer carrying out the duties of his or her public office; oA public or private employee or officer, acting in the normal course of his or her duties, unless he or she is principally employed for governmental affairs; oAdvice or services to a governmental entity pursuant to a contractual obligation with the governmental entity; oRepresentation of a person on a legal claim cognizable in a court of law, in an administrative proceeding, or in front of an adjudicatory body, including representation in prelitigation offers, demands and negotiations, but excluding claims bill representation;  oRepresentation of a person in any proceeding on a complaint or allegation that could lead to discipline or adverse action against the person;  oRepresentation of a person with respect to a subpoena or other legal process. These definitions and others included in the bill should help local and state public officials whose private sector employment requires them to render legal services for clients before various state and political subdivisions. CS/CS/HB 7001 passed the House (117-0) and the Senate (39-0) and is awaiting action by the Governor. (O'Hara)

Limitations on Political Contributions (Watch) – PASSED 

CS/CS/HB 921 (Drake) imposes additional restrictions on expenditures by local governments relating to any that is subject to a vote of the electors (e.g., charter amendment or constitutional amendment) and imposes additional restrictions on contributions to political committees relating to proposed constitutional amendments. It prohibits a local government from expending public funds for any communication that is sent to electors concerning an issue that is subject to a vote of the electors. The prohibition applies to any communication initiated by the local government, regardless of whether the communication is limited to factual information. The prohibition does not preclude ...

CS/CS/HB 921 (Drake) imposes additional restrictions on expenditures by local governments relating to any that is subject to a vote of the electors (e.g., charter amendment or constitutional amendment) and imposes additional restrictions on contributions to political committees relating to proposed constitutional amendments. It prohibits a local government from expending public funds for any communication that is sent to electors concerning an issue that is subject to a vote of the electors. The prohibition applies to any communication initiated by the local government, regardless of whether the communication is limited to factual information. The prohibition does not preclude any of the following: a local government from reporting on official actions of the governing body in an accurate and impartial manner; posting factual information on a government website or in printed materials; hosting and providing information at a public forum; providing factual information in response to an inquiry; or providing information as otherwise authorized or required by law. The bill prohibits direct or indirect contributions or expenditures by a foreign national in connection with any election held in the state. In addition, the bill revises limitations on contributions to political committees that are the sponsor of a constitutional amendment proposed by initiative. Contributions to such political committees by persons who are not Florida residents and by political committees that do not maintain an office within the state are capped at $3,000. The cap applies until the Secretary of State has issued a certificate of ballot position for the proposed amendment. (O’Hara)

Municipal Contraction Procedures (Support) – FAILED 

CS/HB 1401 (Persons-Mulicka) and SB 1876 (Perry) specify that if more than 70 percent of land in an area proposed for contraction is owned by individuals, corporations or legal entities that are not registered electors, the area may only be contracted if the owners of more than 50 percent of the parcels of land in the area consent to the contraction. If the area does not have any registered electors on the date the ordinance is adopted, a vote of electors of the area is not required. (Cruz)  ...

CS/HB 1401 (Persons-Mulicka) and SB 1876 (Perry) specify that if more than 70 percent of land in an area proposed for contraction is owned by individuals, corporations or legal entities that are not registered electors, the area may only be contracted if the owners of more than 50 percent of the parcels of land in the area consent to the contraction. If the area does not have any registered electors on the date the ordinance is adopted, a vote of electors of the area is not required. (Cruz)

Other Bills of Interest

HB 177 (Roth) and SB 950 (Rodriguez) – Requiring Broader Public Support for Constitutional Amendments or Revisions ...

HB 177 (Roth) and SB 950 (Rodriguez) – Requiring Broader Public Support for Constitutional Amendments or Revisions HB 377 (Geller) and SB 586 (Torres) – Legislation by Initiative HB 1127 (Beltran) and SB 1412 (Brodeur) – Limiting Subject of Constitutional Amendments Proposed by Citizens Initiative

FINANCE & TAXATION

Abatement of Taxes for Residential Dwellings Rendered Uninhabitable by Catastrophic Event (Watch) – FAILED 

CS/HB 71 (Woodson) and SB 568 (Polsky) create an abatement of property taxes for residential dwellings that are uninhabitable due to a catastrophic event. If a residential dwelling is rendered uninhabitable for at least 30 days due to a catastrophic event, taxes originally levied for the tax year in which the catastrophic event occurred may be abated if certain conditions are met. The bills require the tax collector to notify each affected local government of the reduction of property taxes due to this bill. This change would apply retroactively to January 1, 2021. (Hughes) ...

CS/HB 71 (Woodson) and SB 568 (Polsky) create an abatement of property taxes for residential dwellings that are uninhabitable due to a catastrophic event. If a residential dwelling is rendered uninhabitable for at least 30 days due to a catastrophic event, taxes originally levied for the tax year in which the catastrophic event occurred may be abated if certain conditions are met. The bills require the tax collector to notify each affected local government of the reduction of property taxes due to this bill. This change would apply retroactively to January 1, 2021. (Hughes)

Ad Valorem Tax Exemption for Nonprofit Homes for the Aged (Watch) – FAILED 

SB 362 (Rodriguez) and CS/HB 401 (Smith) expand options that would allow a nonprofit home for the aged to qualify for an exemption from ad valorem taxation. The bills allow the ...

SB 362 (Rodriguez) and CS/HB 401 (Smith) expand options that would allow a nonprofit home for the aged to qualify for an exemption from ad valorem taxation. The bills allow the sole general partner to be another entity wholly owned by a not-for-profit corporation. (Hughes)

Additional Homestead Property Tax Exemption (Oppose) – PASSED

CS/CS/HJR 1 (Tomkow) proposes an amendment to the Florida Constitution to authorize the Legislature to create an additional $50,000 homestead exemption on the property's assessed value greater than $100,000 and up to $150,000 to certain public employees. The homestead property must be owned by a classroom teacher, a law enforcement officer, a correctional officer, a firefighter, an emergency medical technician, a paramedic, a child welfare service provider, an active-duty member of the United States Armed Services or a member of the Florida National Guard. The joint resolutions were amended to limit the additional exemption to non-school property taxes. ...

CS/CS/HJR 1 (Tomkow) proposes an amendment to the Florida Constitution to authorize the Legislature to create an additional $50,000 homestead exemption on the property's assessed value greater than $100,000 and up to $150,000 to certain public employees. The homestead property must be owned by a classroom teacher, a law enforcement officer, a correctional officer, a firefighter, an emergency medical technician, a paramedic, a child welfare service provider, an active-duty member of the United States Armed Services or a member of the Florida National Guard. The joint resolutions were amended to limit the additional exemption to non-school property taxes. CS/CS/HJR 1 passed the House (115-0) and the Senate (37-1) and is on the way to the Secretary of State to be on the November 2022 general election ballot. (Hughes)

Implementing Bills: Additional Homestead Property Tax Exemption (Oppose) – PASSED

CS/CS/HB 1563 (Tomkow) creates an additional homestead exemption for certain public employees if CS/CS/HJR 1 is approved by the voters at the 2022 general election. The bill provides for an additional homestead exemption up to $50,000 on the assessed value greater than $100,000 and up to $150,000 for properties owned by a classroom teacher, a law enforcement officer, a correctional officer, a firefighter, an emergency medical technician, a paramedic, a child welfare service provider, an active-duty member of the United States Armed Services or a member of the Florida National Guard. A homestead property owner that qualifies for ...

CS/CS/HB 1563 (Tomkow) creates an additional homestead exemption for certain public employees if CS/CS/HJR 1 is approved by the voters at the 2022 general election. The bill provides for an additional homestead exemption up to $50,000 on the assessed value greater than $100,000 and up to $150,000 for properties owned by a classroom teacher, a law enforcement officer, a correctional officer, a firefighter, an emergency medical technician, a paramedic, a child welfare service provider, an active-duty member of the United States Armed Services or a member of the Florida National Guard. A homestead property owner that qualifies for this exemption must be employed in a full-time position on January 1 and must annually submit an application, including proof of employment, to the property appraiser. The additional homestead exemption only applies to non-school property taxes. The additional homestead exemption first applies to the 2023 tax roll. The bill directs the Legislature to appropriate funds to offset reductions of ad valorem revenues in fiscally constrained counties attributable to the reduction in property tax base caused by the additional homestead exemption. CS/CS/HB 1563 passed the House (115-0) and the Senate (37-1) and is awaiting action by the Governor. (Hughes)

Agritourism (Watch) – PASSED 

SB 1186 (Albritton) prohibit the denial or revocations of a property's agricultural classification due solely to the conduct of agritourism or the construction of a nonresidential structure on a bona fide farm that is used to conduct agritourism activities. The nonresidential structures and other improvements to the land must be assessed at their just value and added to the agriculturally assessed value of the land. SB 1186 passed the Senate (38-0) and the House (114-0) and is awaiting action by the Governor. (Hughes) ...

SB 1186 (Albritton) prohibit the denial or revocations of a property's agricultural classification due solely to the conduct of agritourism or the construction of a nonresidential structure on a bona fide farm that is used to conduct agritourism activities. The nonresidential structures and other improvements to the land must be assessed at their just value and added to the agriculturally assessed value of the land. SB 1186 passed the Senate (38-0) and the House (114-0) and is awaiting action by the Governor. (Hughes)

Constitutional Amendment: Homestead Exemption (Oppose) – FAILED 

SJR 1266 (Brandes) and CS/HJR 923 (Fischer) propose an amendment to the Florida Constitution to provide for the periodic increase of the twenty-five thousand dollar exemption on a homestead property's assessed value that is greater than fifty thousand dollars. (Hughes) ...

SJR 1266 (Brandes) and CS/HJR 923 (Fischer) propose an amendment to the Florida Constitution to provide for the periodic increase of the twenty-five thousand dollar exemption on a homestead property's assessed value that is greater than fifty thousand dollars. (Hughes)

Implementing Bill: Homestead Exemption (Oppose) – FAILED 

SB 1264 (Brandes) and CS/HB 1503 (Fischer) provide for the periodic increase in the additional property tax exemption on a homestead property if SJR 1266 or a similar constitutional amendment is approved by the voters at the 2022 general election. The bills would provide for recalculations of the additional homestead every five years and indexes the exemption amount to the House Price Index for Florida. (Hughes) ...

SB 1264 (Brandes) and CS/HB 1503 (Fischer) provide for the periodic increase in the additional property tax exemption on a homestead property if SJR 1266 or a similar constitutional amendment is approved by the voters at the 2022 general election. The bills would provide for recalculations of the additional homestead every five years and indexes the exemption amount to the House Price Index for Florida. (Hughes)

Government Property Tax Exemption (Watch) – FAILED 

SB 1890 (Hutson) revises the types of lessees whose purpose and functions are deemed to be governmental, municipal or public purpose in determining the exemption from ad valorem taxes for certain real property. These changes are intended to clarify existing law. (Hughes)  ...

SB 1890 (Hutson) revises the types of lessees whose purpose and functions are deemed to be governmental, municipal or public purpose in determining the exemption from ad valorem taxes for certain real property. These changes are intended to clarify existing law. (Hughes)

Homestead Assessments Following a Change in Ownership (Oppose) – FAILED 

HB 283 (Duran) and SB 460 (Rodriguez) provide for an exception from assessment of homestead property at just value upon transfer of property if the property is transferred to a child or a grandchild of the deceased owner. (Hughes) ...

HB 283 (Duran) and SB 460 (Rodriguez) provide for an exception from assessment of homestead property at just value upon transfer of property if the property is transferred to a child or a grandchild of the deceased owner. (Hughes)

Local Tax Referenda Requirements (Oppose) – PASSED 

CS/CS/HB 777 (Robinson) requires referenda elections related to tourist development taxes, tourist impact taxes, increases in municipal and county ad valorem tax millages, children's services and independent special district property taxes, ninth-cent fuel tax, local option fuel taxes and certain school millages to be held at the general election. CS/CS/HB 777 passed the House (111-2) and the Senate (39-0) and is awaiting action by the Governor. (Hughes)  ...

CS/CS/HB 777 (Robinson) requires referenda elections related to tourist development taxes, tourist impact taxes, increases in municipal and county ad valorem tax millages, children's services and independent special district property taxes, ninth-cent fuel tax, local option fuel taxes and certain school millages to be held at the general election. CS/CS/HB 777 passed the House (111-2) and the Senate (39-0) and is awaiting action by the Governor. (Hughes)

Property Appraisers (Watch) – FAILED 

CS/HB 417 (Fernandez-Barquin) and SB 572 (Garcia) increase the variance percentages, which ...

CS/HB 417 (Fernandez-Barquin) and SB 572 (Garcia) increase the variance percentages, which must be met in order for a property appraiser to challenge a Value Adjustment Board decision in circuit court. SB 572 revises factors that a property appraiser must consider in deriving just valuation for a property. For example, the property appraiser may not consider the highest and best use if the necessary zoning changes, concurrency requirement or permits to achieve the highest and best use are not in place on January 1 of the assessment year. (Hughes)

Property Tax Discounts (Oppose) – FAILED 

HB 839 (Fischer) and SB 1152 (Rodriguez, A.) increase the property tax discount percentage rates for early payment of all property taxes assessed on the county tax rolls. (Hughes)  ...

HB 839 (Fischer) and SB 1152 (Rodriguez, A.) increase the property tax discount percentage rates for early payment of all property taxes assessed on the county tax rolls. (Hughes)

Property Tax Exemptions (Watch) – FAILED 

CS/HB 13 (Gottlieb) and SB 154 (Rodriguez) increase the property tax exemption for homesteaded residents who are widows, widowers, blind or totally and permanently disabled. SB 154 increases the exemption from $500 to $5,000. CS/HB 13 increases the exemption to $2,500. (Hughes) ...

CS/HB 13 (Gottlieb) and SB 154 (Rodriguez) increase the property tax exemption for homesteaded residents who are widows, widowers, blind or totally and permanently disabled. SB 154 increases the exemption from $500 to $5,000. CS/HB 13 increases the exemption to $2,500. (Hughes)

Property Tax Exemption for Affordable Housing (Support) – FAILED 

CS/SB 1150 (Rodriguez, A.) and HB 495 (Rodriguez, Ant.) authorize municipalities and counties to adopt ordinances to grant ad valorem tax exemptions to property owners whose properties are used for governmental or public purpose of providing affordable housing. CS/SB 1150 now specifies that property given tax exemptions are considered having a charitable purpose.  (Hughes) ...

CS/SB 1150 (Rodriguez, A.) and HB 495 (Rodriguez, Ant.) authorize municipalities and counties to adopt ordinances to grant ad valorem tax exemptions to property owners whose properties are used for governmental or public purpose of providing affordable housing. CS/SB 1150 now specifies that property given tax exemptions are considered having a charitable purpose.  (Hughes)

Property Taxation of Construction Equipment (Watch) – FAILED 

HB 751 (Clemons) revises the definition of the term "inventory" to include construction equipment by a heavy equipment rental dealer for sale or short-term rental in the normal course of business on the annual assessment date. This change only applies to non-school levies. (Hughes)  ...

HB 751 (Clemons) revises the definition of the term "inventory" to include construction equipment by a heavy equipment rental dealer for sale or short-term rental in the normal course of business on the annual assessment date. This change only applies to non-school levies. (Hughes)

Property Tax Exemption for Educational Properties (Watch) – FAILED 

HB 243 (Roth) and SB 1126 (Harrell) exempt, from property taxation, property used by educational institutions that hold a leasehold interest in certain leases that exceed 98 years. (Hughes)  ...

HB 243 (Roth) and SB 1126 (Harrell) exempt, from property taxation, property used by educational institutions that hold a leasehold interest in certain leases that exceed 98 years. (Hughes)

Public Deposits (Support) – FAILED 

SB 1318 (Hutson) and HB 1559 (Harding) allow the state's Chief Financial Officer to designate credit unions as qualified public depositories after meeting certain criteria. (Hughes) ...

SB 1318 (Hutson) and HB 1559 (Harding) allow the state's Chief Financial Officer to designate credit unions as qualified public depositories after meeting certain criteria. (Hughes)

Rental of Homestead Property (Oppose) – FAILED 

SB 1056 (Hutson) and CS/HB 1345 (McFarland) revise the criteria of the homestead property tax exemption to state that the rental of a portion of a dwelling claimed to be a homestead while the dwelling is physically occupied by the owner does not constitute the abandonment of the dwelling as a homestead. (Hughes) ...

SB 1056 (Hutson) and CS/HB 1345 (McFarland) revise the criteria of the homestead property tax exemption to state that the rental of a portion of a dwelling claimed to be a homestead while the dwelling is physically occupied by the owner does not constitute the abandonment of the dwelling as a homestead. (Hughes)

Tax on Rental of Real Property (Oppose) – FAILED 

HB 6093 (Gregory) and SB 1558 (Gruters) repeal Section 212.031, Florida Statutes, which subjects the renting, leasing, letting or granting a license for the use of any real property to sales and use tax. (Hughes)  ...

HB 6093 (Gregory) and SB 1558 (Gruters) repeal Section 212.031, Florida Statutes, which subjects the renting, leasing, letting or granting a license for the use of any real property to sales and use tax. (Hughes)

Taxation (Watch) – PENDING Vote on March 14

CS/HB 7071 (Ways and Means Committee) is the tax package for the 2022 Legislative Session. The bill provides for several tax reductions and other tax-related modifications. Several provisions in the bill are related to property taxes including increasing the value of property exempt from ad valorem taxation for residents who are widows, widowers, blind, or totally and permanently disabled from $500 to $5,000. The bill provides property tax abatement for residential property rendered uninhabitable for 30 days or more due to a catastrophic event and provides relief from all assessments to owners affected by the sudden and unforeseen ...

CS/HB 7071 (Ways and Means Committee) is the tax package for the 2022 Legislative Session. The bill provides for several tax reductions and other tax-related modifications. Several provisions in the bill are related to property taxes including increasing the value of property exempt from ad valorem taxation for residents who are widows, widowers, blind, or totally and permanently disabled from $500 to $5,000. The bill provides property tax abatement for residential property rendered uninhabitable for 30 days or more due to a catastrophic event and provides relief from all assessments to owners affected by the sudden and unforeseen collapse of a residential building in 2021. The bill clarifies how the start date is calculated relating to the 15-year waiting period for an affordable housing exemption. The bill also modifies the assessment methodology for land used in the production of aquaculture products. The bill includes the “Florida Motor Fuel Tax Relief Act of 2022,” which is a one-month holiday reducing certain motor fuel taxes. The bill includes numerous sales tax holidays, two new sales tax exemptions and a reduction in the sales tax on new mobile homes. (Hughes)

Aquaculture (Watch) – FAILED 

CS/HB 149 (Tuck) and CS/SB 404 (Rodriguez) specify the methodology for the property tax assessment of the structures and equipment used in aquaculture. (Hughes) ...

CS/HB 149 (Tuck) and CS/SB 404 (Rodriguez) specify the methodology for the property tax assessment of the structures and equipment used in aquaculture. (Hughes)

Homestead Property Tax Assessment Limitation and Exemptions for Low-Income Seniors (Watch) – FAILED 

HJR 973 (Borrero) and SJR 1278 (Diaz) propose amendments to the Florida Constitution to authorize the legislature to prohibit increases in the assessed value of homestead property owned by low-income seniors. (Hughes) ...

HJR 973 (Borrero) and SJR 1278 (Diaz) propose amendments to the Florida Constitution to authorize the legislature to prohibit increases in the assessed value of homestead property owned by low-income seniors. (Hughes)

Implementing Bills: Homestead Property Tax Assessment Limitation and Exemptions for Low-Income Seniors (Watch) – FAILED 

HB 975 (Borrero) and SB 1280 (Diaz) create an additional assessment limitation for certain low-income seniors if HJR 973, SJR 1278 or a similar constitutional amendment is approved by the voters at the 2022 general election. This additional assessment limitation applies to assessed values of homestead properties with a just value of $300,000 or less owned by a person at least 65 years old whose annual household income does not exceed $20,000. The assessment limitation carries over to a surviving spouse who uses the property as a homestead, who has attained age 65 and meets the household income ...

HB 975 (Borrero) and SB 1280 (Diaz) create an additional assessment limitation for certain low-income seniors if HJR 973, SJR 1278 or a similar constitutional amendment is approved by the voters at the 2022 general election. This additional assessment limitation applies to assessed values of homestead properties with a just value of $300,000 or less owned by a person at least 65 years old whose annual household income does not exceed $20,000. The assessment limitation carries over to a surviving spouse who uses the property as a homestead, who has attained age 65 and meets the household income limitations. The bills also modify the current local option low-income senior property tax exemption to increase the just value requirement from $250,000 to $300,000. (Hughes)

Other Bills of Interest

HB 85 (Eskamani) and SB 246 (Book) – Tax Exemption for Diapers and Incontinence Products ...

HB 85 (Eskamani) and SB 246 (Book) – Tax Exemption for Diapers and Incontinence Products HB 201 (Daley) and SB 356 (Jones) – Sales Tax Holiday for ENERGY STAR & WaterSense Products SB 234 (Jones) and HB 613 (Robinson, F.) – Working Floridians Tax Rebate Program HB 439 (Smith, C.) and SB 712 (Taddeo) – Small Business Saturday Sales Tax Holiday  SB 500 (Perry) – Back-to-school Sales Tax Holiday HB 509 (Yarborough) and SB 830 (Hooper) – Sales Tax on Mobile Homes HB 589 (Harding) and SB 930 (Hooper) – Sales Tax Exemptions for Public Works HB 673 (Shoaf) SB 1542 (Gainer) – Tourist development Taxes HB 763 (Casello) and SB 1146 (Rodriguez) – Tax Exemption for Charges for Private Investigations SB 808 (Gruters) – Sales Tax Holiday for Disaster Preparedness Supplies HB 863 (DiCeglie) and SB 1250 (Gruters) – Sales Tax Refunds for Building Mitigation Retrofit Improvements SB 952 (Gruters) and HB 1293 (Gregory) – Taxation  HB 959 (LaMarca) and SB 1874 (Boyd) – Department of Financial Services SB 1130 (Brodeur) and HB 1375 (Goff-Marcil) – Tax Collector Budgets SB 1132 (Gruters) and HB 801 (Fine) – Valuation of Timeshare Real Property HB 1163 (Overdorf) – Sales Tax Exemptions for Hydrogen Products SB 1256 (Gruters) and HB 977 (Caruso) – Sales of Tax Certificates SB 1382 (Gruters) and HB 1041 (Stevenson) – Tax Administration HB 1387 (Gregory) and SB 1840 (Gruters) – Determinations for Tax Exemptions SB 1470 (Stewart) – Taxation of Fees for the Use of Real Property SB 1610 (Rodriguez) – Ad Valorem Tax Abatement SB 1698 (Farmer) – Taxes/Marijuana  SB 1886 (Powell) – Taxes and Fees HB 5001 (Appropriations) – General Appropriations Act HB 5003 (Appropriations) –  Implementing the 2022-2023 General Appropriations Act SB 7046 (Government Oversight & Accountability) – Public Employment  HB 6051 (Overdorf) and SB 786 (Hutson) – Aircraft Sales and Lease Tax HB 6075 (Eskamani) and SB 1898 (Farmer) – Tourist Development Taxes

GENERAL GOVERNMENT

Business Damages Against Local Government – PASSED 

CS/SB 620 (Hutson) allows a business that has been engaged in a lawful business in a municipality for at least three years to claim business damages from the municipality if it enacts or amends an ordinance or charter provision that will cause a reduction of at least 15% of the business’ profit as applied on a per-location basis of a business operated within the jurisdiction. The bill provides three ways for a municipality to cure the business’ claim and avoid paying damages: repeal the ordinance or charter provision; amend the ordinance or charter provision; or grant a waiver ...

CS/SB 620 (Hutson) allows a business that has been engaged in a lawful business in a municipality for at least three years to claim business damages from the municipality if it enacts or amends an ordinance or charter provision that will cause a reduction of at least 15% of the business’ profit as applied on a per-location basis of a business operated within the jurisdiction. The bill provides three ways for a municipality to cure the business’ claim and avoid paying damages: repeal the ordinance or charter provision; amend the ordinance or charter provision; or grant a waiver to the business from enforcement of the ordinance or charter provision. The bill provides exemptions from business damages claims for various ordinances and charter provisions: ordinances required to comply with, or expressly authorized by, state or federal law; emergency ordinances, declarations or orders adopted pursuant to the state Emergency Management Act; a temporary emergency ordinance that remains in effect for no more than 90 days; ordinances or charter provisions enacted to implement: Part II of Chapter 163 (including zoning, development orders and development permits); the Florida Building Code; the Florida Fire Code; a contract or an agreement, including contracts or agreements relating to grants or other financial assistance; debt issuance or refinancing; procurement; budgets or budget amendments, including revenue sources necessary to fund the budget. The bill specifies that in action to recover damages, the courts may award attorney fees and costs to the prevailing party. The bill is prospective and apply to ordinances and charter provisions enacted or amended after the legislation becomes law. CS/SB 620 passed the Senate (22-14) and the House (69-45) and is awaiting action by the Governor. (O’Hara)

Local Ordinances (Watch) – FAILED 

CS/CS/SB 280 (Hutson) and CS/HB 403 (Giallombardo) impose new substantive requirements on municipalities for adopting and enforcing ordinances. First, the bills require a municipality to prepare a business impact estimate before adopting an ordinance and specifies the minimum content that must be included in the statement. The estimate must be posted on the municipality’s website no later than the date of publication of notice of the proposed ordinance. Second, the bills require a municipality to suspend enforcement of an ordinance that is the subject of a civil action challenging the ordinance’s validity on grounds that it is arbitrary ...

CS/CS/SB 280 (Hutson) and CS/HB 403 (Giallombardo) impose new substantive requirements on municipalities for adopting and enforcing ordinances. First, the bills require a municipality to prepare a business impact estimate before adopting an ordinance and specifies the minimum content that must be included in the statement. The estimate must be posted on the municipality’s website no later than the date of publication of notice of the proposed ordinance. Second, the bills require a municipality to suspend enforcement of an ordinance that is the subject of a civil action challenging the ordinance’s validity on grounds that it is arbitrary or unreasonable or expressly preempted by state law. This requirement applies only if: the action was filed within 90 days of the ordinance’s effective date; suspension of the ordinance was requested in the complaint; and the municipality was served with a copy of the complaint. If the municipality prevails in the civil action and an appeal is taken, the bills authorize the court to consider continuing or lifting the stay of enforcement of the ordinance. Third, the bills authorize the award of attorney fees, costs and damages to a prevailing plaintiff in a civil action commenced after October 1, 2022, in which an ordinance is alleged to be arbitrary or unreasonable. The bills require courts to prioritize and expedite the disposition of cases in which enforcement of an ordinance is suspended. The bills exempt various ordinances from the stay of enforcement provision. CS/CS/SB 280 passed the Senate (28-8) and died in the House. (O’Hara)

Preemption to the State (Support) – FAILED 

HB 6113 (Eskamani) and SB 1900 (Torres) repeal numerous provisions of current law that operate as preemptions of municipal and county authority on a variety of subjects. (O'Hara) ...

HB 6113 (Eskamani) and SB 1900 (Torres) repeal numerous provisions of current law that operate as preemptions of municipal and county authority on a variety of subjects. (O'Hara)

Supermajority Vote for Legislative Preemption (Support) – FAILED 

SB 152 (Farmer) proposes an amendment to the Florida Constitution that would require any general law that preempts a subject of legislation to the state to pass by a two-thirds vote of each house of the legislature. (O'Hara) ...

SB 152 (Farmer) proposes an amendment to the Florida Constitution that would require any general law that preempts a subject of legislation to the state to pass by a two-thirds vote of each house of the legislature. (O'Hara)

HOUSING

Mixed-use Residential Development Projects for Affordable Housing (Watch) – PASSED 

CS/CS/SB 962 (Bradley) allows a municipality or county regardless of zoning or a comprehensive plan to approve mixed-use residential development projects if 10% of the units included in the project are used for affordable housing. CS/CS/SB 962 passed the Senate (39-0) and the House (112-0) and is awaiting action by the Governor. (Branch) ...

CS/CS/SB 962 (Bradley) allows a municipality or county regardless of zoning or a comprehensive plan to approve mixed-use residential development projects if 10% of the units included in the project are used for affordable housing. CS/CS/SB 962 passed the Senate (39-0) and the House (112-0) and is awaiting action by the Governor. (Branch)

State Housing Assistance Programs (Oppose) – FAILED 

SB 1170 (Brandes) and HB 1553 (Plakon) create a State Housing Initiatives Partnership (SHIP) Block Grant Program. Instead of entitlement municipalities receiving direct SHIP funding, the bills would distribute all the monies to counties. A county would not be required to share any of the funding with any of the municipalities within their boundaries. (Branch) ...

SB 1170 (Brandes) and HB 1553 (Plakon) create a State Housing Initiatives Partnership (SHIP) Block Grant Program. Instead of entitlement municipalities receiving direct SHIP funding, the bills would distribute all the monies to counties. A county would not be required to share any of the funding with any of the municipalities within their boundaries. (Branch)

Other Bills of Interest

HB 1089 (Woodson) and SB 1924 (Rodriguez, A.) – Affordable Housing ...

HB 1089 (Woodson) and SB 1924 (Rodriguez, A.) – Affordable Housing HB 6017 (Eskamani)and SB 580 (Torres) – Rent Control Measures

LAND USE & COMPREHENSIVE PLANNING

Floating Solar Facilities (Oppose) – PASSED 

CS/CS/HB 1411 (Avila) provides that a floating solar facility must be a permitted use in appropriate land use categories in each local government's comprehensive plan. The bill requires each local government to amend its development regulations to promote the expanded use of floating solar facilities. The bill allows a municipality to adopt an ordinance regarding buffer and landscaping requirements for floating solar facilities. CS/CS/HB 1411 passed the House (112-0) and the Senate (39-0) and is awaiting action by the Governor. (Cruz) ...

CS/CS/HB 1411 (Avila) provides that a floating solar facility must be a permitted use in appropriate land use categories in each local government's comprehensive plan. The bill requires each local government to amend its development regulations to promote the expanded use of floating solar facilities. The bill allows a municipality to adopt an ordinance regarding buffer and landscaping requirements for floating solar facilities. CS/CS/HB 1411 passed the House (112-0) and the Senate (39-0) and is awaiting action by the Governor. (Cruz)

Impact Fee Credits (Watch) – FAILED 

HB 681 (Rodriguez) and SB 1030 (Taddeo) clarify that impact fee credits are assignable and transferable any time after establishment from one development or parcel to any other as long as it falls within the same impact fee zone or district, or that is within the same impact fee zone in the county or municipality. (Cruz) ...

HB 681 (Rodriguez) and SB 1030 (Taddeo) clarify that impact fee credits are assignable and transferable any time after establishment from one development or parcel to any other as long as it falls within the same impact fee zone or district, or that is within the same impact fee zone in the county or municipality. (Cruz)

Local Government Land Development Actions (Oppose) – FAILED 

CS/HB 739 (Borrero) and SB 1248 (Gruters) specify that a county or municipality must review applications for development permits or orders within 30 days of receiving the application and issue a letter indicating that all required information is submitted or specifying any areas that are deficient. In an attempt to make a more uniform process for future developments, the bills also require that each local government adopt residential infill development standards in its land use regulations by October 1, 2022. The legislation requires local governments to adopt certain guidelines when adopting its residential infill development standards that may ...

CS/HB 739 (Borrero) and SB 1248 (Gruters) specify that a county or municipality must review applications for development permits or orders within 30 days of receiving the application and issue a letter indicating that all required information is submitted or specifying any areas that are deficient. In an attempt to make a more uniform process for future developments, the bills also require that each local government adopt residential infill development standards in its land use regulations by October 1, 2022. The legislation requires local governments to adopt certain guidelines when adopting its residential infill development standards that may preempt existing land use regulations. CS/HB 739 was amended to revise the requirement for local governments to adopt RID standards to only apply to local governments with $10 million or more in total revenue, provides safeguards for water quality standards, and replaces the checklist in the bill as filed with a series of statements that the developer must confirm. (Cruz)

Mobility Funding System (Watch) – FAILED 

SB 1824 (Brodeur) and HB 1415 (Robinson, W.) revise the requirements and best practices for local governments applying mobility plans rather than impact fees. The bills require a local government adopting a mobility plan to evaluate appropriate levels of service and potential impacts of development by using the elements of its comprehensive plan. Local governments that adopt mobility plans must adopt the mobility plan and a mobility fee system into its comprehensive plan. (Cruz) ...

SB 1824 (Brodeur) and HB 1415 (Robinson, W.) revise the requirements and best practices for local governments applying mobility plans rather than impact fees. The bills require a local government adopting a mobility plan to evaluate appropriate levels of service and potential impacts of development by using the elements of its comprehensive plan. Local governments that adopt mobility plans must adopt the mobility plan and a mobility fee system into its comprehensive plan. (Cruz)

Real Property Rights (Watch) – PASSED 

CS/SB 1380 (Rodriguez, A.) revises that rights that are not affected or extinguished by Marketable Record Titles Act (MRTA) and require persons with certain interests in land that may be extinguished by this act to file a specified notice to preserve their interests. The bill establishes a bright-line rule to clarify MRTA's operation in light of the 2016 court decision and clarify that a property conveyance subject to existing encumbrances identified in a muniment of title does not restart MRTA's 30-year marketability period on such encumbrances. The bill adds covenants, restrictions, zoning requirements, and building or development permits ...

CS/SB 1380 (Rodriguez, A.) revises that rights that are not affected or extinguished by Marketable Record Titles Act (MRTA) and require persons with certain interests in land that may be extinguished by this act to file a specified notice to preserve their interests. The bill establishes a bright-line rule to clarify MRTA's operation in light of the 2016 court decision and clarify that a property conveyance subject to existing encumbrances identified in a muniment of title does not restart MRTA's 30-year marketability period on such encumbrances. The bill adds covenants, restrictions, zoning requirements, and building or development permits to the list of encumbrances extinguished by MRTA but exempts them from extinguishment. Additionally, the bill authorizes owners or operators of private property used for motor vehicle parking to establish rules, rates and fines governing private persons parking on the property. The bill prohibits counties and municipalities from enacting any ordinance or regulation attempting to restrict or prohibit the owner or operator from adopting such rules, rates or fines. CS/SB 1380 was amended to add a required notice to invoices for parking on private property. CS/SB 1380 passed the Senate (37-0) and the House (113-0) and is awaiting action by the Governor. (Cruz)

School Concurrency (Watch) – PASSED 

CS/CS/CS/SB 706 (Perry) requires developers to tender, rather than execute, a written, legally binding commitment to provide proportionate-share mitigation. The bill further requires the local government to issue a final decision on the developer’s tendered commitment within 60 days from the date of receipt. If the local government fails to issue a final decision within 60 days, the tendered commitment will be deemed approved. Lastly, the bill requires a school board to set aside and not spend any proportionate-share mitigation if there is no school capacity improvement identified in the five-year school board educational facilities plan until such ...

CS/CS/CS/SB 706 (Perry) requires developers to tender, rather than execute, a written, legally binding commitment to provide proportionate-share mitigation. The bill further requires the local government to issue a final decision on the developer’s tendered commitment within 60 days from the date of receipt. If the local government fails to issue a final decision within 60 days, the tendered commitment will be deemed approved. Lastly, the bill requires a school board to set aside and not spend any proportionate-share mitigation if there is no school capacity improvement identified in the five-year school board educational facilities plan until such time as such an improvement has been identified. CS/CS/CS/SB 706 passed the Senate (38-0) and the House (113-0) and is awaiting action by the Governor. (Cruz)

OTHER

Acceptance of Cash Payments by Businesses (Watch) – FAILED 

HB 233 (Willhite) and SB 408 (Jones) require businesses to accept cash payments for any good or service if the customer is physically present at the place of business. The bills exempt transactions above $5,000. Of interest to local governments, the bills exempt parking facilities owned by a municipality regardless of who operates the parking facility. (Taggart) ...

HB 233 (Willhite) and SB 408 (Jones) require businesses to accept cash payments for any good or service if the customer is physically present at the place of business. The bills exempt transactions above $5,000. Of interest to local governments, the bills exempt parking facilities owned by a municipality regardless of who operates the parking facility. (Taggart)

Communicable and Infectious Diseases (Watch) – FAILED 

HB 117 (Fetterhoff) and SB 774 (Gruters) add COVID-19 and infectious diseases to the list of conditions that, if suffered by an emergency rescue or public safety worker, are presumed to have been contracted while at work for purposes of workers' compensation. Unlike similar presumptions in current law for hepatitis, meningococcal meningitis and tuberculosis, the bills do not require the public safety worker or emergency rescue worker to receive immunization against COVID-19 in order to receive the presumptive eligibility provisions afforded by workers' compensation coverage. (Cruz) ...

HB 117 (Fetterhoff) and SB 774 (Gruters) add COVID-19 and infectious diseases to the list of conditions that, if suffered by an emergency rescue or public safety worker, are presumed to have been contracted while at work for purposes of workers' compensation. Unlike similar presumptions in current law for hepatitis, meningococcal meningitis and tuberculosis, the bills do not require the public safety worker or emergency rescue worker to receive immunization against COVID-19 in order to receive the presumptive eligibility provisions afforded by workers' compensation coverage. (Cruz)

Criminal Justice (Support) – FAILED 

SB 450 (Jones) and HB 857 (Nixon) repeal multiple provisions from HB 1, which passed in the 2021 Legislative Session, including allowing specified elected officials to appeal a municipal law enforcement operating budget that contains a funding reduction. (Hughes) ...

SB 450 (Jones) and HB 857 (Nixon) repeal multiple provisions from HB 1, which passed in the 2021 Legislative Session, including allowing specified elected officials to appeal a municipal law enforcement operating budget that contains a funding reduction. (Hughes)

Department of Business and Professional Regulation (Watch) – FAILED 

CS/SB 714 (Hooper) and CS/HB 667 (McClain) are a broad agency package for the Department of Business and Professional Regulation. Of importance to municipalities, CS/HB 667 was amended to add provisions that state outdoor kitchen equipment are not required to be separately covered, have overhead protections or hoods or be enclosed. The amendment also prohibits local governments from prohibiting, or have the effect of prohibiting, the use of outdoor kitchen equipment. CS/SB 714 passed the Senate (37-0) and is awaiting action by the House. (Taggart) ...

CS/SB 714 (Hooper) and CS/HB 667 (McClain) are a broad agency package for the Department of Business and Professional Regulation. Of importance to municipalities, CS/HB 667 was amended to add provisions that state outdoor kitchen equipment are not required to be separately covered, have overhead protections or hoods or be enclosed. The amendment also prohibits local governments from prohibiting, or have the effect of prohibiting, the use of outdoor kitchen equipment. CS/SB 714 passed the Senate (37-0) and is awaiting action by the House. (Taggart)

Emergency Orders Prohibiting Religious Services or Activities (Watch) – PASSED 

CS/SB 254 (Brodeur) provides that an emergency order may not expressly prohibit a religious institution from regular religious services or activities. CS/SB 254 passed the Senate (31-3) and the House (88-29) and is awaiting action by the Governor. (Branch) ...

CS/SB 254 (Brodeur) provides that an emergency order may not expressly prohibit a religious institution from regular religious services or activities. CS/SB 254 passed the Senate (31-3) and the House (88-29) and is awaiting action by the Governor. (Branch)

Emergency Preparedness and Response (Watch) – PASSED 

SB 98 (Burgess) creates the Emergency Preparedness and Response Fund within the Executive Office of the Governor. SB 98 passed the House (99-17) and the Senate (34-1) and was signed by the Governor on February 17, 2022. The bill is effective upon becoming law, except as otherwise provided. Chapter No. 2022-002. CS/SB 96 (Burgess) authorizes the Legislative Budget Commission (LBC) to convene to transfer or appropriate funds to the Emergency Preparedness Response Fund. Under the bills, after approval from the LBC, the Governor could transfer, expend and request additional moneys into the fund. CS/SB 96 passed the House ...

SB 98 (Burgess) creates the Emergency Preparedness and Response Fund within the Executive Office of the Governor. SB 98 passed the House (99-17) and the Senate (34-1) and was signed by the Governor on February 17, 2022. The bill is effective upon becoming law, except as otherwise provided. Chapter No. 2022-002. CS/SB 96 (Burgess) authorizes the Legislative Budget Commission (LBC) to convene to transfer or appropriate funds to the Emergency Preparedness Response Fund. Under the bills, after approval from the LBC, the Governor could transfer, expend and request additional moneys into the fund. CS/SB 96 passed the House (95-22) and the Senate (31-4) and was signed by the Governor on February 17, 2022. The bill is effective upon becoming law, except as otherwise provided. Chapter No. 2022-001. (Branch)

First Responder's Employment-related Accidents and Injuries (Watch) – FAILED 

HB 49 (Bartleman) and SB 200 (Rodriguez) expand the eligibility for first responder post-traumatic stress disorder (PTSD) workers' compensation benefits to also include certain correctional officers, 911 public safety telecommunicators, and all volunteer law enforcement officers and firefighters. Current law only covers law enforcement officers and firefighters. The bills require the employing agency to provide at least one hour of educational training related to mental health awareness, prevention, mitigation and treatment annually. (Cruz) ...

HB 49 (Bartleman) and SB 200 (Rodriguez) expand the eligibility for first responder post-traumatic stress disorder (PTSD) workers' compensation benefits to also include certain correctional officers, 911 public safety telecommunicators, and all volunteer law enforcement officers and firefighters. Current law only covers law enforcement officers and firefighters. The bills require the employing agency to provide at least one hour of educational training related to mental health awareness, prevention, mitigation and treatment annually. (Cruz)

Home Kitchen Operations (Watch) – FAILED 

CS/HB 707 (Learned) and CS/SB 1158 (Jones) define “home kitchen operations” as a person or business entity that sells directly from their home to the consumer any food product (excluding raw milk and raw oysters). The bills exempt these operations from the requirements imposed on traditional public food service establishments. Additionally, the bills specify that local governments are preempted from directly regulating these operations; however, they must comply with any applicable home-based business regulations. A home kitchen operation cannot exceed annual gross sales of $250,000 and is limited to producing 10 individual meals per day. (Taggart) ...

CS/HB 707 (Learned) and CS/SB 1158 (Jones) define “home kitchen operations” as a person or business entity that sells directly from their home to the consumer any food product (excluding raw milk and raw oysters). The bills exempt these operations from the requirements imposed on traditional public food service establishments. Additionally, the bills specify that local governments are preempted from directly regulating these operations; however, they must comply with any applicable home-based business regulations. A home kitchen operation cannot exceed annual gross sales of $250,000 and is limited to producing 10 individual meals per day. (Taggart)

Immigration Enforcement (Watch) – PASSED 

CS/HB 1355 (Snyder) and CS/SB 1808 (Bean) expands the definition of “sanctuary policy” to include any law, policy, practice, procedure, or custom of any state or local governmental entity that prohibits a law enforcement agency from providing to any state entity information on the immigration status of a person in the custody of the law enforcement agency. The bills require law enforcement agencies operating county detention facilities to enter into an agreement with U.S. Immigration and Customs Enforcement and would require such agency to report specified information concerning such agreement quarterly to the Florida Department of Law Enforcement. ...

CS/HB 1355 (Snyder) and CS/SB 1808 (Bean) expands the definition of “sanctuary policy” to include any law, policy, practice, procedure, or custom of any state or local governmental entity that prohibits a law enforcement agency from providing to any state entity information on the immigration status of a person in the custody of the law enforcement agency. The bills require law enforcement agencies operating county detention facilities to enter into an agreement with U.S. Immigration and Customs Enforcement and would require such agency to report specified information concerning such agreement quarterly to the Florida Department of Law Enforcement. The bills prohibit state and local governmental entities from contracting with common carriers or contracted carriers that willfully transport a person into the state knowing the person is an unauthorized alien, except to facilitate the detention, removal, or departure of the person from the state or the United States. CS/SB 1808 passed the Senate (24-15) and the House (77-42) and is awaiting action by the Governor. (Cruz)

Incorporation of Municipalities (Oppose) – FAILED 

CS/HB 1035 (Williamson) and SB 1554 (Diaz) require communities to reach a 60% approval in a local nonbinding referendum before presenting an incorporation bill to the state Legislature. This referendum requirement would be in addition to the already required feasibility study and city charter. The bills require that the feasibility study be presented to the Legislature no later than August 31 of the year before the regular session of the Legislature during which the municipal charter would be enacted. (Branch)  ...

CS/HB 1035 (Williamson) and SB 1554 (Diaz) require communities to reach a 60% approval in a local nonbinding referendum before presenting an incorporation bill to the state Legislature. This referendum requirement would be in addition to the already required feasibility study and city charter. The bills require that the feasibility study be presented to the Legislature no later than August 31 of the year before the regular session of the Legislature during which the municipal charter would be enacted. (Branch)

Legal Notices (Support) – PASSED

CS/HB 7049 (Judiciary Committee) gives a governmental agency the option to publish legal notices on a publicly accessible website of a county instead of a print newspaper. If a government chooses to make this change, they must show it results in a cost savings. Notices must be published in a searchable format and indicate the date it was first published. Also, a local government that chooses to switch to online notice publication must run at least annually in a newspaper of general circulation or another publication that is mailed or delivered to all residents and property owners within ...

CS/HB 7049 (Judiciary Committee) gives a governmental agency the option to publish legal notices on a publicly accessible website of a county instead of a print newspaper. If a government chooses to make this change, they must show it results in a cost savings. Notices must be published in a searchable format and indicate the date it was first published. Also, a local government that chooses to switch to online notice publication must run at least annually in a newspaper of general circulation or another publication that is mailed or delivered to all residents and property owners within the government’s jurisdiction with a notice indicating that those individuals may elect to receive public notices from the governmental agency by first-class mail or email upon registering their information with the agency. The agency must also maintain a list of the individuals who opt to directly receive notices. The bill was amended to require governmental agencies with a population under 160,000 to first hold a public hearing and determine that there is sufficient internet access in the area before public notice changes can be made. CS/HB 7049 passed the Senate (26-13) and the House (79-40) and is awaiting action by the Governor. (Taggart)

Local Districting (Watch) – FAILED 

SB 1142 (Hutson) and HB 827 (Barnaby) prohibit the drawings of districts from favoring or disfavoring an incumbent county commissioner, municipal official or school board member. The bills require municipalities to fix the boundaries of their districts in only odd-numbered years to keep them as nearly equal in proportion to the population as possible. (Branch) ...

SB 1142 (Hutson) and HB 827 (Barnaby) prohibit the drawings of districts from favoring or disfavoring an incumbent county commissioner, municipal official or school board member. The bills require municipalities to fix the boundaries of their districts in only odd-numbered years to keep them as nearly equal in proportion to the population as possible. (Branch)

Pet Protection (Oppose) – FAILED 

CS/SB 994 (Diaz) and HB 849 (Fernandez-Barquin) create a statewide regulatory scheme for the licensure, regulation and inspection of retail pet stores by the Department of Business and Professional Regulation. The bills specify that local governments may adopt ordinances that regulate but do not prohibit the operation of retail pet stores or the breeding, purchase, or sale of household pets, provided that the ordinance is not in conflict with the statewide regulations specified in the bills. The bills clarify that ordinances adopted prior to June 1, 2021, are “grandfathered” in addition to ordinances adopted prior to June 1, ...

CS/SB 994 (Diaz) and HB 849 (Fernandez-Barquin) create a statewide regulatory scheme for the licensure, regulation and inspection of retail pet stores by the Department of Business and Professional Regulation. The bills specify that local governments may adopt ordinances that regulate but do not prohibit the operation of retail pet stores or the breeding, purchase, or sale of household pets, provided that the ordinance is not in conflict with the statewide regulations specified in the bills. The bills clarify that ordinances adopted prior to June 1, 2021, are “grandfathered” in addition to ordinances adopted prior to June 1, 2022, which impose a moratorium on new pet stores or are solely regulatory in nature. Additionally, the bills impose new requirements on animal shelters, including disclosing bite history prior to the animal’s adoption and a prohibition on intentional breeding of animals for sale. The bills also preempt local governments from regulating a person who offers for sale, directly to the public, certain types of dogs for sporting or agricultural purposes.  CS/SB 996 (Diaz) sets the initial and renewal fee for a retail pet store license by the Department of Business and Professional Regulation at $25 per licensed location. (Taggart)

Post-traumatic Stress Disorder Workers' Compensation for Law Enforcement, Correctional and Correctional Probation Officers (Watch) – FAILED 

CS/HB 425 (Fischer) and CS/CS/SB 664 (Bradley) expand workers' compensation coverage for post-traumatic stress disorder (PTSD) for first responders to also include correctional officers, part-time correctional officers, part-time law enforcement officers and auxiliary law enforcement officers. PTSD is an occupational disease compensable by workers' compensation benefits. In order to receive benefits under this bill, post-traumatic stress disorder must be demonstrated by clear and convincing medical evidence. (Cruz) ...

CS/HB 425 (Fischer) and CS/CS/SB 664 (Bradley) expand workers' compensation coverage for post-traumatic stress disorder (PTSD) for first responders to also include correctional officers, part-time correctional officers, part-time law enforcement officers and auxiliary law enforcement officers. PTSD is an occupational disease compensable by workers' compensation benefits. In order to receive benefits under this bill, post-traumatic stress disorder must be demonstrated by clear and convincing medical evidence. (Cruz)

Workers' Compensation Benefits for Posttraumatic Stress Disorder (Watch) – PASSED 

CS/HB 689 (Giallombardo) specifies that the time for notice of an injury or death in a compensable post-traumatic stress disorder claim must be properly noticed within 52 weeks after the qualifying event or the diagnosis of the disorder, whichever is later. CS/HB 689 was amended to expand workers' compensation coverage for post-traumatic stress disorder (PTSD) for first responders to also include correctional officers. The portion of the bill that impacts local governments will be effective October 1, 2022. CS/HB 689 passed the House (115-0) and the Senate (39-0) and is awaiting action by the Governor. (Cruz) ...

CS/HB 689 (Giallombardo) specifies that the time for notice of an injury or death in a compensable post-traumatic stress disorder claim must be properly noticed within 52 weeks after the qualifying event or the diagnosis of the disorder, whichever is later. CS/HB 689 was amended to expand workers' compensation coverage for post-traumatic stress disorder (PTSD) for first responders to also include correctional officers. The portion of the bill that impacts local governments will be effective October 1, 2022. CS/HB 689 passed the House (115-0) and the Senate (39-0) and is awaiting action by the Governor. (Cruz)

Preemption of the Regulation of Tobacco and Nicotine Products (Support) – FAILED 

SB 1022 (Ausley) and HB 6081 (Hunschofsky) repeal the state preemption on the regulation of tobacco and nicotine products. Current law preempts local governments from regulating the marketing, sale or delivery of tobacco products. (Taggart)  ...

SB 1022 (Ausley) and HB 6081 (Hunschofsky) repeal the state preemption on the regulation of tobacco and nicotine products. Current law preempts local governments from regulating the marketing, sale or delivery of tobacco products. (Taggart)

Retail Sale of Domestic Dogs and Cats (Watch) – FAILED 

HB 253 (Killebrew) prohibits a for-profit business from selling domestic cats and dogs. The bill does not prohibit a city or county from adopting an ordinance on the sale of animals that is more stringent than the bill. (Taggart) ...

HB 253 (Killebrew) prohibits a for-profit business from selling domestic cats and dogs. The bill does not prohibit a city or county from adopting an ordinance on the sale of animals that is more stringent than the bill. (Taggart)

Tethering of Domestic Dogs and Cats (Watch) – FAILED 

HB 1075 (Slosberg-King) and SB 1508 (Taddeo) create the “Penny Bautista Act.” The bills prohibit a person from tethering a domestic dog or domestic cat unless the person is physically present with and attending to the dog or cat and the dog or cat remains visible to the person at all times while tethered. (Taggart) ...

HB 1075 (Slosberg-King) and SB 1508 (Taddeo) create the “Penny Bautista Act.” The bills prohibit a person from tethering a domestic dog or domestic cat unless the person is physically present with and attending to the dog or cat and the dog or cat remains visible to the person at all times while tethered. (Taggart)

Other Bills of Interest

SB 262 (Rodriguez) and HB 6011 (Roach) – Damages Recoverable by Parents of an Adult Child in Medical Negligence Actions ...

SB 262 (Rodriguez) and HB 6011 (Roach) – Damages Recoverable by Parents of an Adult Child in Medical Negligence Actions HB 295 (Fernandez-Barquin) – Workers' Compensation Coverage by Employee Leasing Companies HB 335 (Fabricio)  HB 353 (Fabricio)– Satisfaction of Mortgages HB 383 and HB 385 (Maney) – Criminal Conflict and Civil Regional Counsels HB 431 (Barnaby) and SB 1680 (Gruters) – Office of Financial Regulation HB 465 (Sirois) and SB 438 (Burgess) – Unites States Armed Forces HB 471 (Roth) – Town of Lake Clarke Shores, Palm Beach County SB 468 (Perry) and HB 503 (Gregory) – Insurance  SB 560 (Rodriguez) and HB 6039 (Hinson)– Recovery for Wrongful Death SB 596 and SB 598 (Baxley) – Criminal Conflict and Civil Regional Counsels SB 610 (Brandes) and SB 7014 (Judiciary)– COVID-19 Related Claims Against Health Care Providers HB 695 (Stevenson) and SB 1058 (Hutson) – Property Insurer Reimbursements HB 829 (Bryd) and SB 1342 (Diaz) – Civil Actions for Deprivation of Rights, Privileges, or Immunities HB 1123 (Maney) and SB 1274 (Broxson) – Ratification of Rules of the Department of Financial Services HB 6111 (Learned) – Establishment of Recreational Customary Use HB 1185 (Plakon) and SB 1276 (Diaz) – Legislative Review of Proposed Regulation on Unregulated Functions SB 1548 (Perry) – Occupational Licensing  HB 7013 (Fabricio) and SB 7018 (Banking & Insurance) – OGSR/Workers' Compensation/Department of Financial Services HB 2239 (Smith, D.) – UCF-Post Traumatic Stress Disorder Clinic for Florida Veterans and First Responders HB 429 (Goff-Marcil) and SB 532 (Stewart) – Private Schools HB 619 (Rodriguez) and SB 1336 (Boyd) - United States-produced Iron and Steel in Public Works Projects HB 631 (Grall) and SB 780 (Hutson) - Airports  HB 719 (Smith) and SB 1044 (Hooper) – Swim-up Bars SB 812 (Baxley) and HB 815 (Killebrew) – Digital License Plate Pilot Program HB 894 (Farmer) – Strategic Fuel Reserve Plan SB 1524 (Boyd) – Recreation Districts SB 178 (Pizzo) and HB 285 (Benjamin) – Visiting County and Municipal Detention Facilities SB 162, SB 164, & SB 326 (Brandes), HB 333 (Williamson) and HB 1585 (Williams)– Physicians Certifications for the Medical Use of Marijuana HB 467 (Hinson), HB 549 (Omphroy), HB 551 (Omphroy), SB 776 (Brandes) and SB 1884 (Powell)  – Legalization of Recreational Marijuana SB 556 (Cruz) – Medical Marijuana Identification Cards for Service-disabled Veterans HB 575 (McClain) and SB 1216 (Hutson) – Vacation and Timeshare Plans HB 679 (Learned) and SB 1268 (Gruters) – Cannabis Regulation HB 693 (Drake) and SB 768 (Rodriguez) – Department of Health SB 704 (Harrell) and HB 479 (Caruso) – Substance Abuse Service Providers SB 944 (Baxley) and HB 1227 (Toledo) – Online Marketplace Transparency   SB 990 (Diaz) and HB 867 (Rizo) – Towing Vehicles HB 1061 (Chaney) and SB 1750 (Wright)  – Sale of Cats and Dogs SB 1144 (Brodeur) and HB 1321 (Melo) – Advanced Life Support Nontransport Services and Medical Countermeasures HB 1471 (Smith) – Availability of Marijuana for Adult Use SB 1624 and SB 1696 (Farmer) – Fees/Marijuana Establishments SB 1906 (Rouson) – Hemp Extract Products

PERSONNEL

Financial Disclosures (Oppose) – FAILED 

CS/HB 301 (Roach) and CS/CS/SB 510 (Brodeur) require all municipal elected officials and all municipal managers to file an annual full disclosure of financial interests (Form 6) with the Florida Commission on Ethics. These individuals are currently required to file only a Limited Disclosure of Financial Interests (Form 1). In addition, CS/CS/SB 510 requires members of the Florida Elections Commission and the Florida Commission on Ethics to file full financial disclosures annually. CS/CS/SB 510 also removes current law provisions which give the Ethics Commission discretion to dismiss complaints concerning financial disclosures involving de minimus or inadvertent errors and ...

CS/HB 301 (Roach) and CS/CS/SB 510 (Brodeur) require all municipal elected officials and all municipal managers to file an annual full disclosure of financial interests (Form 6) with the Florida Commission on Ethics. These individuals are currently required to file only a Limited Disclosure of Financial Interests (Form 1). In addition, CS/CS/SB 510 requires members of the Florida Elections Commission and the Florida Commission on Ethics to file full financial disclosures annually. CS/CS/SB 510 also removes current law provisions which give the Ethics Commission discretion to dismiss complaints concerning financial disclosures involving de minimus or inadvertent errors and authorizes the commission to dismiss proceedings involving executive branch lobbyist disclosures if it determines the public interest would not be served by proceeding further. CS/CS/SB 510 passed the Senate (30-7) but was not taken up by the House. (Hughes)

Fire Investigators (Watch) – PASSED 

CS/SB 838 (Wright) expands the eligibility for certain cancer treatment benefits to include full-time, Florida-certified fire investigators. CS/SB 838 passed the Senate (37-0) and the House (112-0) and is awaiting action by the Governor. (Hughes) ...

CS/SB 838 (Wright) expands the eligibility for certain cancer treatment benefits to include full-time, Florida-certified fire investigators. CS/SB 838 passed the Senate (37-0) and the House (112-0) and is awaiting action by the Governor. (Hughes)

Firefighter Inquiries and Investigations (Watch) – PASSED 

HB 31 (Busatta Cabrera) extends certain provisions of the Firefighters' Bill of Rights to questioning conducted under an informal inquiry. The bill specifies that an informal inquiry does not include routine work-related discussions, such as safety sessions or normal operational fire debriefings. The bill requires an informal inquiry of a firefighter to be of reasonable duration with permitted periods for rest and personnel necessities and not subject the firefighter to offensive language or offer any incentive as an inducement to answer any questions. During an informal inquiry or interrogation, a firefighter may not be threatened with a transfer, ...

HB 31 (Busatta Cabrera) extends certain provisions of the Firefighters' Bill of Rights to questioning conducted under an informal inquiry. The bill specifies that an informal inquiry does not include routine work-related discussions, such as safety sessions or normal operational fire debriefings. The bill requires an informal inquiry of a firefighter to be of reasonable duration with permitted periods for rest and personnel necessities and not subject the firefighter to offensive language or offer any incentive as an inducement to answer any questions. During an informal inquiry or interrogation, a firefighter may not be threatened with a transfer, suspension, dismissal or other disciplinary action. HB 31 passed the House (118-0) and the Senate (39-0) and is awaiting action by the Governor. (Hughes)

FRS Employer Contribution Rates (Watch) – PENDING

HB 5007 (Appropriations) establishes the contribution rates paid by employers participating in the Florida Retirement System beginning July 1, 2022. These rates are intended to fund the full normal cost and the amortization of the unfunded actuarial liability of the FRS. The bill also modifies DROP to allow a member of the Special Risk Class who is a law enforcement officer to participate for up to 36 calendar months beyond the 60-month period if he or she enters DROP on or before June 30, 2028. (Hughes) ...

HB 5007 (Appropriations) establishes the contribution rates paid by employers participating in the Florida Retirement System beginning July 1, 2022. These rates are intended to fund the full normal cost and the amortization of the unfunded actuarial liability of the FRS. The bill also modifies DROP to allow a member of the Special Risk Class who is a law enforcement officer to participate for up to 36 calendar months beyond the 60-month period if he or she enters DROP on or before June 30, 2028. (Hughes)

Individual Freedom (Watch) – PASSED 

CS/HB 7 (Avila) and SB 148 (Diaz) make subjecting any individual, as a condition of employment, to specific concepts constitutes discrimination based on race, sex, color, sex or national origin and is an unlawful employment practice. CS/HB 7 passed the House (74-41) and the Senate (24-15) and is awaiting action by the governor. (Hughes) ...

CS/HB 7 (Avila) and SB 148 (Diaz) make subjecting any individual, as a condition of employment, to specific concepts constitutes discrimination based on race, sex, color, sex or national origin and is an unlawful employment practice. CS/HB 7 passed the House (74-41) and the Senate (24-15) and is awaiting action by the governor. (Hughes)

Law Enforcement Death Benefits (Oppose) – FAILED 

HB 645 (Gottlieb) and SB 992 (Book) require employers of full-time law enforcement, corrections and corrections probation officers to extend employer-paid health insurance benefits to the officer's surviving spouse and each dependent child if the officer dies in the line of duty as a result of exposure to a pandemic disease that is the subject of a public health emergency. These bills apply retroactively to March 1, 2020. (Hughes) ...

HB 645 (Gottlieb) and SB 992 (Book) require employers of full-time law enforcement, corrections and corrections probation officers to extend employer-paid health insurance benefits to the officer's surviving spouse and each dependent child if the officer dies in the line of duty as a result of exposure to a pandemic disease that is the subject of a public health emergency. These bills apply retroactively to March 1, 2020. (Hughes)

Law Enforcement Officer, Benefits, Recruitment and Training (Support) – PASSED 

CS/HB 3 (Leek) provides multiple new and expanded benefits and training for first responders. Of note to municipalities, the bill creates the Florida Law Enforcement Recruitment Bonus Payment Program within the Department of Economic Opportunity. The program is a one-time, up to $5,000, bonus payment to newly employed officers within the state to aid in the recruitment of officers. Bonus payments are contingent upon legislative appropriations. For the 2022-23 state fiscal year, the Legislature appropriated $20 million for this program. CS/HB 3 passed the Senate (34-0) and the House (114-3) and is awaiting action by the Governor. (Hughes) ...

CS/HB 3 (Leek) provides multiple new and expanded benefits and training for first responders. Of note to municipalities, the bill creates the Florida Law Enforcement Recruitment Bonus Payment Program within the Department of Economic Opportunity. The program is a one-time, up to $5,000, bonus payment to newly employed officers within the state to aid in the recruitment of officers. Bonus payments are contingent upon legislative appropriations. For the 2022-23 state fiscal year, the Legislature appropriated $20 million for this program. CS/HB 3 passed the Senate (34-0) and the House (114-3) and is awaiting action by the Governor. (Hughes)

Law Enforcement Vehicles (Watch) – PASSED 

CS/SB 266 (Diaz) requires an agency that employs law enforcement officers and allows those officers to take home an agency-owned vehicle to maintain motor vehicle insurance, including bodily injury, death and property damage liability coverage that covers the time an officer spends while going to or coming from work or any other agency assignment in an official law enforcement vehicle. The bill provides specific instances when the motor vehicle insurance would not have to provide coverage. CS/SB 266 passed the Senate (37-0) and the House (117-0) and is awaiting action by the Governor. (Hughes) ...

CS/SB 266 (Diaz) requires an agency that employs law enforcement officers and allows those officers to take home an agency-owned vehicle to maintain motor vehicle insurance, including bodily injury, death and property damage liability coverage that covers the time an officer spends while going to or coming from work or any other agency assignment in an official law enforcement vehicle. The bill provides specific instances when the motor vehicle insurance would not have to provide coverage. CS/SB 266 passed the Senate (37-0) and the House (117-0) and is awaiting action by the Governor. (Hughes)

Preemption of Local Government Wage Mandates (Oppose) – FAILED 

CS/SB 1124 (Gruters) and CS/HB 943 (Harding) create the "Wage Mandate Preemption Act," which revise prohibitions relating to political subdivisions, including municipalities. The bills prohibit a political subdivision from enacting a wage mandate on an employer in an amount greater than the state minimum wage. The bills do not apply to employees of the political subdivision or if federal law requires the payment of a minimum wage to persons working on projects funded by federal funds. (Hughes) ...

CS/SB 1124 (Gruters) and CS/HB 943 (Harding) create the "Wage Mandate Preemption Act," which revise prohibitions relating to political subdivisions, including municipalities. The bills prohibit a political subdivision from enacting a wage mandate on an employer in an amount greater than the state minimum wage. The bills do not apply to employees of the political subdivision or if federal law requires the payment of a minimum wage to persons working on projects funded by federal funds. (Hughes)

Racial and Sexual Discrimination (Watch) – FAILED 

HB 57 (Fine) and SB 242 (Gruters) prohibit municipalities, and other governmental entities, from including in any mandatory employee training "divisive concepts" as defined by the bills. ...

HB 57 (Fine) and SB 242 (Gruters) prohibit municipalities, and other governmental entities, from including in any mandatory employee training "divisive concepts" as defined by the bills. The bills also require that each municipality ensure that all diversity and inclusion efforts encourage employees not to judge each other on color, race, ethnicity, sex or any other characteristic protected by federal or state law. (Hughes)

Wage and Employment Benefits (Support) – FAILED 

SB 446 (Taddeo) and HB 6047 (Smith, C.) repeal the preemption on political subdivisions' ability to establish a minimum wage other than the state or federal minimum wage. (Hughes) ...

SB 446 (Taddeo) and HB 6047 (Smith, C.) repeal the preemption on political subdivisions' ability to establish a minimum wage other than the state or federal minimum wage. (Hughes)

Other Bills of Interest

HB 293 (Thompson) and SB 322 (Stewart) – Discrimination in Labor and Employment  ...

HB 293 (Thompson) and SB 322 (Stewart) – Discrimination in Labor and Employment  SB 376 (Book) and HB 291 (Woodson) – Employment Protections SB 382 (Brandes) – Minimum Wage Training SB 550 (Cruz) and HB 853 (Daley) – Unlawful Employment Practices SB 720 (Ausley) – The Florida Retirement System  SB 688 (Cruz), SB 629 (Nixon) and HB 627 (Nixon) – Employment Practices for Family Medical Leave SB 656 (Cruz) and HB 629 (Nixon) – Family and Medical Leave Insurance Benefits Fund  HB 949 (Chambliss) – Employment Accommodations for Family or Household Members of Homicide Victims HB 1197 (Byrd) and SB 1458 (Baxley) – Employee Organization Representing Public Employees HB 1247 (Grieco) and SB 1606 (Polsky) – Medical Marijuana Public Employee Protection HB 1253 (Brown) and SB 1608 (Bracy) – Prohibited Discrimination Based on Hairstyle HB 1551 (Tomkow) and SB 1810 (Perry) – Florida Retirement System HB 1191 (Altman) and SB 1618 (Broxson) – Restrictions on Employment SB 1736 (Hooper) and HB 453 (Duggan) – Records of Physical Examinations

PROCUREMENT

Acquisition of Professional Services (Support) – FAILED 

HB 6091 (Gregory) and SB 1520 (Gruters) remove a provision in the Consultants’ Competitive Negotiation Act (CCNA) that requires a municipality to consider an equitable distribution of contracts among all qualified firms during the competitive selection process. (Taggart)  ...

HB 6091 (Gregory) and SB 1520 (Gruters) remove a provision in the Consultants’ Competitive Negotiation Act (CCNA) that requires a municipality to consider an equitable distribution of contracts among all qualified firms during the competitive selection process. (Taggart)

Energy (Watch) – FAILED 

CS/CS/SB 954 (Brodeur) and CS/HB 1139 (Drake) revise the vehicle procurement requirements for the state purchasing plan. Specifically, the bills require vehicles of a given use class to be selected for procurement based on the lowest lifetime ownership costs rather than the greatest fuel efficiency. Before July 1, 2023, the Department of Management Services (DMS) shall make recommendations regarding the procurement of electric vehicles and best practices for integrating such vehicles into existing fleets. CS/HB 1139 directs DMS to rank vehicles based on the lowest cost of ownership over five years. Any vehicle purchased under the state’s purchasing ...

CS/CS/SB 954 (Brodeur) and CS/HB 1139 (Drake) revise the vehicle procurement requirements for the state purchasing plan. Specifically, the bills require vehicles of a given use class to be selected for procurement based on the lowest lifetime ownership costs rather than the greatest fuel efficiency. Before July 1, 2023, the Department of Management Services (DMS) shall make recommendations regarding the procurement of electric vehicles and best practices for integrating such vehicles into existing fleets. CS/HB 1139 directs DMS to rank vehicles based on the lowest cost of ownership over five years. Any vehicle purchased under the state’s purchasing plan must be ranked in the top five of the department’s rankings. Law enforcement vehicles are exempt from this requirement. (Taggart)

Evidence of Vendor Financial Stability (Watch) – PASSED 

CS/CS/HB 1057 (Andrade) states that agencies who require vendors to demonstrate financial stability during the competitive solicitation process must accept any of the following as evidence of such stability: audited financial statements, documentation of an investment-grade rating from a credit rating agency, or for vendors with annual revenues exceeding $1 billion, a letter issued by the chief financial officer or controller of that vendor. CS/CS/HB 1057 passed the House (112-0) and the Senate (37-0) and is awaiting action by the Governor. (Taggart) ...

CS/CS/HB 1057 (Andrade) states that agencies who require vendors to demonstrate financial stability during the competitive solicitation process must accept any of the following as evidence of such stability: audited financial statements, documentation of an investment-grade rating from a credit rating agency, or for vendors with annual revenues exceeding $1 billion, a letter issued by the chief financial officer or controller of that vendor. CS/CS/HB 1057 passed the House (112-0) and the Senate (37-0) and is awaiting action by the Governor. (Taggart)

PUBLIC RECORDS & PUBLIC MEETINGS

OGSR/Campus Emergency Response (Support) – PASSED 

SB 7006 (Education) saves from repeal the public records exemption relating to any portion of a campus emergency response held by a public postsecondary institution, a state or local law enforcement agency, a county or municipal emergency management agency, the Executive Office of the Governor, the Department of Education, the Board of Governors of the State University System, or the Division of Emergency Management, as well as that portion of a public meeting which would reveal information related to a campus emergency response. SB 7006 passed the House (109-0) and the Senate (35-3) and is awaiting action by ...

SB 7006 (Education) saves from repeal the public records exemption relating to any portion of a campus emergency response held by a public postsecondary institution, a state or local law enforcement agency, a county or municipal emergency management agency, the Executive Office of the Governor, the Department of Education, the Board of Governors of the State University System, or the Division of Emergency Management, as well as that portion of a public meeting which would reveal information related to a campus emergency response. SB 7006 passed the House (109-0) and the Senate (35-3) and is awaiting action by the Governor. (Taggart)

Public Meetings During Declared States of Emergency (Support) – FAILED 

SB 674 (Cruz) suspends the physical quorum requirement for local governmental bodies during a declared state of emergency. The bill would allow meetings of any board or commission to be held via telephone, real-time videoconferencing or similar real-time electronic or video communication for no more than six months from the start of the declared state of emergency, unless extended by the governor by executive order. (Taggart) ...

SB 674 (Cruz) suspends the physical quorum requirement for local governmental bodies during a declared state of emergency. The bill would allow meetings of any board or commission to be held via telephone, real-time videoconferencing or similar real-time electronic or video communication for no more than six months from the start of the declared state of emergency, unless extended by the governor by executive order. (Taggart)

Public Records (Oppose) – FAILED 

SB 1472 (Stewart) requires agencies to respond to a public records request within five business days by: a) making the records available, b) denying the request or c) providing a statement of how long the request will take and the reason for the delay. (Taggart) ...

SB 1472 (Stewart) requires agencies to respond to a public records request within five business days by: a) making the records available, b) denying the request or c) providing a statement of how long the request will take and the reason for the delay. (Taggart)

Public Records Exemption for Animal Adoption (Watch) – FAILED 

HB 307 (Hawkins) and SB 716 (Bradley) provide a public records exemption for the personal information of individuals who adopt an animal from an animal shelter or animal control agency operated by a local government. (Taggart) ...

HB 307 (Hawkins) and SB 716 (Bradley) provide a public records exemption for the personal information of individuals who adopt an animal from an animal shelter or animal control agency operated by a local government. (Taggart)

Public Records/County and City Attorneys (Support) – FAILED 

CS/SB 1420 (Burgess) and HB 1213 (Arrington) create a public records exemption for the personal identifying and location information of current and former county and city attorneys and assistant county and city attorneys, as well as information regarding the spouses and children of those attorneys. (Taggart)  ...

CS/SB 1420 (Burgess) and HB 1213 (Arrington) create a public records exemption for the personal identifying and location information of current and former county and city attorneys and assistant county and city attorneys, as well as information regarding the spouses and children of those attorneys. (Taggart)

Public Records/Crash Reports and Traffic Citations (Watch) – PASSED 

CS/CS/SB 1614 (Harrell) revises an exemption from public records adding an exemption related to personal information in written crash reports. Crash report data in computerized databases are now confidential and exempt. Crash reports held by an agency may be made available 60 days after the report is filed to any person or entity eligible to access crash reports. CS/CS/SB 1614 passed the Senate (35-3) and the House (115-1) and is awaiting action by the Governor. (Taggart)  ...

CS/CS/SB 1614 (Harrell) revises an exemption from public records adding an exemption related to personal information in written crash reports. Crash report data in computerized databases are now confidential and exempt. Crash reports held by an agency may be made available 60 days after the report is filed to any person or entity eligible to access crash reports. CS/CS/SB 1614 passed the Senate (35-3) and the House (115-1) and is awaiting action by the Governor. (Taggart)

Public Records/Law Enforcement Geolocation Information (Support) – PASSED 

CS/SB 1046 (Hooper) exempts from public records requirements law enforcement officers and law enforcement vehicle geolocation information. The bill specifies that the exemption would be applied retroactively. CS/SB 1046 passed the Senate (37-1) and the House (112-0) and is awaiting action by the Governor. (Taggart) ...

CS/SB 1046 (Hooper) exempts from public records requirements law enforcement officers and law enforcement vehicle geolocation information. The bill specifies that the exemption would be applied retroactively. CS/SB 1046 passed the Senate (37-1) and the House (112-0) and is awaiting action by the Governor. (Taggart)

Personal Information Protection (Watch) – FAILED 

HB 1547 (Overdorf) and SB 1848 (Gruters) prohibit public agencies from requiring an individual to provide personal information. The bills also prohibit agencies from releasing, publishing or otherwise publicly disclosing personal information. “Personal information” is defined as any compilation of data that directly or indirectly identifies a person as a member, supporter, volunteer or donor of a financial or nonfinancial support to any nonprofit entity. The bills specify how an impacted party may file a lawsuit, set fees for each violation and allow for a judge to award attorney’s fees to the complaint bringing the action. (Taggart) ...

HB 1547 (Overdorf) and SB 1848 (Gruters) prohibit public agencies from requiring an individual to provide personal information. The bills also prohibit agencies from releasing, publishing or otherwise publicly disclosing personal information. “Personal information” is defined as any compilation of data that directly or indirectly identifies a person as a member, supporter, volunteer or donor of a financial or nonfinancial support to any nonprofit entity. The bills specify how an impacted party may file a lawsuit, set fees for each violation and allow for a judge to award attorney’s fees to the complaint bringing the action. (Taggart)

Other Bills of Interest

HB 699 (McFarland) and SB 934 (Gruters) – Pub. Rec./Homelessness Counts and Databases ...

HB 699 (McFarland) and SB 934 (Gruters) – Pub. Rec./Homelessness Counts and Databases HB 983 (Stevenson) – Pub. Rec./Voters and Voter Registration SB 1042 (Brodeur) and HB 735 (Plasencia) – Public Records/Special Persons Registry SB 1282 (Diaz) – Public Records/Investigation of a Murder SB 1920 (Gruters) – Public Records/Election Workers

PUBLIC SAFETY

Active Shooter Alert System (Watch) – FAILED 

SB 1672 (Berman) and HB 1271 (Morales) provide for the development and implementation of an active shooter alert system by the Florida Department of Law Enforcement (FDLE). The bills allow for FDLE to partner with local governments to assist in the development and implementation of the alert system. Once created and upon request by a local law enforcement agency, FDLE may activate the alert system to assist the local agency when responding to an active shooter event. (Taggart)  ...

SB 1672 (Berman) and HB 1271 (Morales) provide for the development and implementation of an active shooter alert system by the Florida Department of Law Enforcement (FDLE). The bills allow for FDLE to partner with local governments to assist in the development and implementation of the alert system. Once created and upon request by a local law enforcement agency, FDLE may activate the alert system to assist the local agency when responding to an active shooter event. (Taggart)

Authorization of Restrictions Concerning Dangerous Dogs (Watch) – FAILED 

SB 614 (Garcia) and CS/HB 721 (Buchanan) authorize public housing authorities to adopt rules or policies imposing restrictions on owners of dogs deemed dangerous. The bills allow local governments to adopt ordinances addressing the safety and welfare concerns stemming from dog attacks on people or domestic animals, placing restrictions and additional requirements on owners of dangerous dogs, provided that no such regulations may be breed specific. However, ordinances adopted prior to October 1, 1990, are exempt from these statutory requirements. ...

SB 614 (Garcia) and CS/HB 721 (Buchanan) authorize public housing authorities to adopt rules or policies imposing restrictions on owners of dogs deemed dangerous. The bills allow local governments to adopt ordinances addressing the safety and welfare concerns stemming from dog attacks on people or domestic animals, placing restrictions and additional requirements on owners of dangerous dogs, provided that no such regulations may be breed specific. However, ordinances adopted prior to October 1, 1990, are exempt from these statutory requirements. (Branch)

Boating Safety (Watch) – PASSED 

CS/SB 606 (Garcia) creates additional safety provisions and requirements for boat liveries or privately owned boat rental companies. Of importance to local governments, the bill requires livery owners to notify local law enforcement if a vessel is unnecessarily overdue more than four hours after the contracted time. CS/SB 606 passed the Senate (36-1) and the House (112-1) and is awaiting action by the Governor. (Taggart) ...

CS/SB 606 (Garcia) creates additional safety provisions and requirements for boat liveries or privately owned boat rental companies. Of importance to local governments, the bill requires livery owners to notify local law enforcement if a vessel is unnecessarily overdue more than four hours after the contracted time. CS/SB 606 passed the Senate (36-1) and the House (112-1) and is awaiting action by the Governor. (Taggart)

Care for Retired Law Enforcement Dogs (Support) – PASSED 

CS/SB 226 (Powell) creates the Care for Retired Law Enforcement Dog Program within the Florida Department of Law Enforcement (FDLE). The bill requires that the FDLE contract with a nonprofit corporation to administer and manage the program. To qualify, a dog must have served at least five years with an agency or three years if the dog was injured in the line of duty. CS/SB 226 passed the Senate (36-0) and the House (117-0) and is awaiting action by the Governor. (Taggart) ...

CS/SB 226 (Powell) creates the Care for Retired Law Enforcement Dog Program within the Florida Department of Law Enforcement (FDLE). The bill requires that the FDLE contract with a nonprofit corporation to administer and manage the program. To qualify, a dog must have served at least five years with an agency or three years if the dog was injured in the line of duty. CS/SB 226 passed the Senate (36-0) and the House (117-0) and is awaiting action by the Governor. (Taggart)

Code and Traffic Enforcement (Support) – PASSED 

CS/HB 1435 (Leek) authorizes the Sheriff or Chief Administrative Officer of a municipality to designate a special event zone in response to a special event that takes place or is reasonably anticipated to take place on a roadway, street or highway within their jurisdiction. The bill defines “special event” as an unpermitted temporary activity or event organized or promoted via social media that is attended by 50 or more people and substantially increases or disrupts the normal flow of traffic on those roadways. The bill requires the Sheriff or Chief Administrative Officer to enforce the special event zone ...

CS/HB 1435 (Leek) authorizes the Sheriff or Chief Administrative Officer of a municipality to designate a special event zone in response to a special event that takes place or is reasonably anticipated to take place on a roadway, street or highway within their jurisdiction. The bill defines “special event” as an unpermitted temporary activity or event organized or promoted via social media that is attended by 50 or more people and substantially increases or disrupts the normal flow of traffic on those roadways. The bill requires the Sheriff or Chief Administrative Officer to enforce the special event zone in a manner that causes the least inconvenience to the public. Special event zones must also be designated with a warning sign at each point of ingress or egress and remain in effect as long as reasonably necessary to protect the public but not after the special event has dissipated. The bill authorizes law enforcement to enforce occupancy limits on private or public property in a special event zone. Finally, the Sheriff or Chief Administrative Officer may recover all fees and costs associated with designating and enforcing the special event zone from the event promoter or organizer. CS/HB 1435 was amended to require clearly visible signage designating the special event zone and stating all fines are doubled and vehicles are subject to impoundment for traffic infractions and violations. The signage must be posted 24 hours before enforcement of the special event zone can commence. CS/HB 1435 passed the House (90-26) and the Senate (83-32) and is awaiting action by the Governor. (Taggart)

First Responder Roadway Safety (Watch) – FAILED 

HB 127 (Slosberg) prohibits the use of handheld wireless devices while operating a motor vehicle where first responders are actively working. This bill does provide several exceptions, such as first responders performing in their official capacity or drivers accessing safety-related information, including emergency, traffic or weather alerts. (Branch) ...

HB 127 (Slosberg) prohibits the use of handheld wireless devices while operating a motor vehicle where first responders are actively working. This bill does provide several exceptions, such as first responders performing in their official capacity or drivers accessing safety-related information, including emergency, traffic or weather alerts. (Branch)

Florida Hometown Hero Housing Program (Watch) – FAILED 

SB 788 (Hooper) creates the Florida Hometown Hero Housing Program to assist frontline emergency workers, certain medical and health care personnel and educators in purchasing a home as their primary residence. (Branch) ...

SB 788 (Hooper) creates the Florida Hometown Hero Housing Program to assist frontline emergency workers, certain medical and health care personnel and educators in purchasing a home as their primary residence. (Branch)

Human Trafficking Public Awareness Signs (Watch) – FAILED 

CS/SB 652 (Cruz) requires the employer of each athletic venue, entertainment venue and convention center capable of accommodating 5,000 persons or more to display a human trafficking public awareness sign. (Taggart) ...

CS/SB 652 (Cruz) requires the employer of each athletic venue, entertainment venue and convention center capable of accommodating 5,000 persons or more to display a human trafficking public awareness sign. (Taggart)

Impeding, Provoking or Harassing Law Enforcement Officers (Watch) – FAILED 

HB 11 (Rizo) and SB 1872 (Bean) prohibit a person from approaching a law enforcement officer after receiving a warning with intent to impede, provoke or harass. (Taggart) ...

HB 11 (Rizo) and SB 1872 (Bean) prohibit a person from approaching a law enforcement officer after receiving a warning with intent to impede, provoke or harass. (Taggart)

Law Enforcement Officer Body Cameras and Vehicle Dash Cameras (Oppose) – FAILED 

SB 1494 (Bracy) requires each law enforcement agency in this state to mandate that its ...

SB 1494 (Bracy) requires each law enforcement agency in this state to mandate that its law enforcement officers wear body cameras and use vehicle dash cameras. (Taggart)

Offenses Against Firefighters (Support) – FAILED 

SB 370 (Hooper) and HB 351 (Duggan) add service as a firefighter as grounds for increased criminal penalties for certain criminal offenses. (Taggart) ...

SB 370 (Hooper) and HB 351 (Duggan) add service as a firefighter as grounds for increased criminal penalties for certain criminal offenses. (Taggart)

Photographic Enforcement of School Zone Speed Limits (Watch) – FAILED 

HB 189 (Duran), CS/SB 410 (Rodriguez) and HB 797 (Overdorf) authorize a county or municipality to contract with a vendor to install cameras in school speed zones to enforce speed limits. Within the first 30 days after such a camera or cameras are installed in a school speed zone, a motor vehicle operator found to have violated the speed limit will be issued a warning and will not be liable for the civil penalty. (Branch) ...

HB 189 (Duran), CS/SB 410 (Rodriguez) and HB 797 (Overdorf) authorize a county or municipality to contract with a vendor to install cameras in school speed zones to enforce speed limits. Within the first 30 days after such a camera or cameras are installed in a school speed zone, a motor vehicle operator found to have violated the speed limit will be issued a warning and will not be liable for the civil penalty. (Branch)

Repeal Preemption of Firearms and Ammunition (Support) – FAILED 

SB 496 (Taddeo) and HB 6049 (Daley) repeal the current statutory preemption prohibiting cities and counties from regulating firearms and ammunition. (Taggart) ...

SB 496 (Taddeo) and HB 6049 (Daley) repeal the current statutory preemption prohibiting cities and counties from regulating firearms and ammunition. (Taggart)

School Safety (Watch) – PASSED 

CS/CS/CS/HB 1421 (Hawkins) requires the Department of Education to work with local emergency management and law enforcement personnel to create a model reunification plan for use by child care facilities, K-12 schools and public postsecondary educational institutions for schools that are unexpectedly evacuated due to a disaster. Each school district will be required to adopt a district-specific plan by working with local law enforcement. School districts will be required to annually certify, beginning July 1, 2023, that at least 80% of school personnel have received mandatory youth mental health awareness and assistance training. The bill also requires law ...

CS/CS/CS/HB 1421 (Hawkins) requires the Department of Education to work with local emergency management and law enforcement personnel to create a model reunification plan for use by child care facilities, K-12 schools and public postsecondary educational institutions for schools that are unexpectedly evacuated due to a disaster. Each school district will be required to adopt a district-specific plan by working with local law enforcement. School districts will be required to annually certify, beginning July 1, 2023, that at least 80% of school personnel have received mandatory youth mental health awareness and assistance training. The bill also requires law enforcement officers responsible for responding to specific schools in the event of an active assailant emergency to be physically present on campus during the execution of active assailant emergency drills. The bill also requires the State Board of Education to adopt rules for emergency drill policies relating to the timing, frequency, participation, training, notification, accommodations and responses to threat situations by incident type, as well as to school level and characteristics. The bill specifies that these drills be conducted at least annually. Finally, the bill requires each safe-school officer to complete a mental health crisis intervention training. CS/CS/CS/HB 1421 passed the House (115-0) and the Senate (39-0) and is now awaiting action by the Governor. (Taggart)

Statewide Police Misconduct Registry (Watch) – FAILED 

SB 1482 (Bracy) requires the Department of Law Enforcement to establish and maintain a statewide police misconduct registry by June 30, 2023. The bill also specifies the type of incidents and complaints that would be required to be reported by the local agency. The bill would require this reporting to begin January 2, 2024, and information submitted every three months thereafter by the head of each local agency. (Taggart) ...

SB 1482 (Bracy) requires the Department of Law Enforcement to establish and maintain a statewide police misconduct registry by June 30, 2023. The bill also specifies the type of incidents and complaints that would be required to be reported by the local agency. The bill would require this reporting to begin January 2, 2024, and information submitted every three months thereafter by the head of each local agency. (Taggart)

Telecommunicator Cardiopulmonary Resuscitation (Watch) – PASSED 

HB 593 (Trabulsy) requires an employee of a public safety agency who answers emergency medical service calls to provide direct telephonic assistance in administering cardiopulmonary resuscitation or transfer calls to a dedicated telephone line, call center or other public safety agency with which the transferring public safety agency has a reciprocal agreement. The bill also requires all 911 public safety telecommunicators who take telephone calls and provide dispatch functions for emergency medical conditions to complete telecommunicator cardiopulmonary resuscitation training and continuing education as deemed appropriate by the Department of Health. HB 593 passed the House (105-0) and the ...

HB 593 (Trabulsy) requires an employee of a public safety agency who answers emergency medical service calls to provide direct telephonic assistance in administering cardiopulmonary resuscitation or transfer calls to a dedicated telephone line, call center or other public safety agency with which the transferring public safety agency has a reciprocal agreement. The bill also requires all 911 public safety telecommunicators who take telephone calls and provide dispatch functions for emergency medical conditions to complete telecommunicator cardiopulmonary resuscitation training and continuing education as deemed appropriate by the Department of Health. HB 593 passed the House (105-0) and the Senate (39-0) and is now awaiting action by the Governor. (Taggart)

Traffic Infraction Detectors (Oppose) – FAILED 

HB 6029 (Sabatini) preempts cities, counties and the Florida Department of Highway Safety and Motor Vehicles from installing, maintaining or utilizing red light cameras effective July 1, 2025. (Branch) ...

HB 6029 (Sabatini) preempts cities, counties and the Florida Department of Highway Safety and Motor Vehicles from installing, maintaining or utilizing red light cameras effective July 1, 2025. (Branch)

Two-way Radio Communication Enhancement Systems (Watch) – PASSED 

CS/SB 1190 (Boyd) authorizes the use of two-way radio communication enhancement systems to comply with certain radio signal strength requirements in the Florida Building Code. The bills exempt apartment buildings that are 75 feet or less in height with the exterior components constructed of wood frame from requiring two-way radio communication systems. CS/SB 1190 passed the Senate (39-0) and the House (87-24) and is awaiting action by the Governor. (Branch) ...

CS/SB 1190 (Boyd) authorizes the use of two-way radio communication enhancement systems to comply with certain radio signal strength requirements in the Florida Building Code. The bills exempt apartment buildings that are 75 feet or less in height with the exterior components constructed of wood frame from requiring two-way radio communication systems. CS/SB 1190 passed the Senate (39-0) and the House (87-24) and is awaiting action by the Governor. (Branch)

Other Bills of Interest

HB 75 (Sabatini), SB 592 (Perry) and SB 594 (Perry) – Limiting COVID-19 Restrictions ...

HB 75 (Sabatini), SB 592 (Perry) and SB 594 (Perry) – Limiting COVID-19 Restrictions HB 179 (Altman) and SB 702 (Burgess) – Photographic Enforcement of School Bus Safety HB 6009 (Sabatini), HB 6069 (Shoaf) and SB 734 (Gruters) – Vaccinations During Public Health Emergencies HB 297 (Aloupis) and SB 476 (Book) – Aggressive Careless Driving SB 1230 (Pizzo) – COVID-19 Mandates SB 1234 (Pizzo) – Vaccinations During Public Health Emergency SB 1232 (Pizzo) – Florida Occupational Safety and Health State Plan HB 19 (Gottlieb) and SB 402 (Polsky) – Firearm Restrictions Pursuant to Court Findings or Risk Protection Orders HB 73 (Rayner) and SB 888 (Jones) – Use or Threatened Use of Force HB 83 (Eskamani) and SB 372 (Berman) – Domestic Violence HB 103 (Sabatini) – Carrying of Firearms Without a License HB 109 (McCurdy) – Prohibiting Deception in Interrogations of Minors HB 133 (Sabatini) – Prohibiting Cooperation with a United States Capitol Police Officer Located in this State HB 181 (Daley) and SB 334 (Polsky) – Sales of Ammunition HB 199 (Smith, C.) and SB 214 (Farmer) – Assault Weapons and Large-capacity Magazines SB 204 (Farmer) – Sale and Delivery of Firearms SB 210 (Farmer) – Prohibited Recordkeeping Relating to Firearms  or Firearm Owners HB 347 (Rayner), SB 1166 (Polsky), and SB 220 (Farmer) and – Sale, Transfer, or Storage of Firearms HB 363 (Hart) and SB 630 (Jones) – Pregnant Women in Custody CS/SB 544 (Boyd) and CS/HB 731 (Caruso) – Drug-Related Overdose Prevention SB 458 (Torres) and HB 665 (Goff-Marcil) – Secure Storage of Firearms SB 502 (Rodriguez) – Certificates of Public Convenience and Necessity SB 660 (Cruz) – Sexual Offense Victims’ Rights SB 668 (Cruz) – Custodial Interrogations of Minors  SB 672 (Cruz) – School Safety Funding SB 860 (Stewart) and SB 862 (Stewart) – Firearms Without a Unique Serial Number or Identifying Mark SB 872 (Polsky) and HB 527 (Hunschofsky) – Unfinished Firearms SB 874 (Pizzo) – Arrests HB 883 (Slosberg-King) and SB 1208 (Polsky) – Reclassification of Crimes Evidencing Prejudice HB 889 (Overdorf) and SB 1406 (Perry) – Delayed Arraignment SB 916 (Brandes) – Searches of Cellular Phones and Other Electronic Devices  HB 817 (Massullo) and SB 1114 (Bradley) – Emergency Medical Care Treatment to Minors Without Parental Consent  HB 1021 (Fernandez-Barquin) and SB 1392 (Garcia) – Patient Identification and Health Care Decisions HB 1083 (Benjamin) and SB 1856 (Pizz) – Citizen Arrests SB 1196, SB 1198 (Jones) and HB 1093 (Hunschofsky)– Community Violence Task Force SB 1236 (Jones) and HB 1561 (Bush) – County and Municipal Detention Facilities SB 1262 (Burgess) and HB 1277 (Massullo) – Mental Health and Substance Abuse HB 1255 (Valdes) and SB 1760 (Powell) – Duties of the Inspector General of the Department of Corrections SB 1528 (Gruters) and HB 6095 (Gregory) – Restrictions on Firearms and Ammunition During Emergencies SB 1632 (Farmer) – Searches by Law Enforcement Officers SB 1882 (Powell) – Use of Police Canines SB 1932 (Hooper) – Sexual Offenders and Predators HB 6007 (Sabatini) – License to Carry Concealed Weapons or Firearms HB 6013 (Sabatini) – Removing Firearm Regulations HB 6115 (Joseph) – Use of Deadly Force in Defense of a Person

SHORT-TERM RENTALS

Local Regulation of Vessels (Support) – FAILED 

HB 1265 (Caruso) authorizes local governments to regulate the anchoring of vessels used for short-term rental purposes in violation of a local ordinance or regulation. (Taggart) ...

HB 1265 (Caruso) authorizes local governments to regulate the anchoring of vessels used for short-term rental purposes in violation of a local ordinance or regulation. (Taggart)

Preemption of the Regulation of Vacation Rentals (Support) – FAILED 

HB 6033 (Grieco) repeals all preemption provisions in current law relating to the local regulation of vacation rentals. (Taggart) ...

HB 6033 (Grieco) repeals all preemption provisions in current law relating to the local regulation of vacation rentals. (Taggart)

Vacation Rentals (CS/SB 512 – Watch; CS/HB 325 – Oppose) – FAILED 

CS/SB 512 (Burgess) and CS/HB 325 (Fischer)  ...

CS/SB 512 (Burgess) and CS/HB 325 (Fischer)  Impact on Local Governments The bills maintain the current preemption on local governments from adopting zoning ordinances specific to short-term rentals, as well as regulating the duration of stays and the frequency in which the properties are rented. The bills expand this preemption to include local regulations on advertising platforms. For cities that adopted ordinances prior to June 1, 2011, the bills maintain the “grandfather” currently in place but clarify that those cities may amend their ordinances to be less restrictive or to comply with a local registration program. For cities that do not have “grandfathered” protections, the bills preempt cities from licensing short-term rentals; however, they authorize local governments to have a local registration program.  Local governments who choose to adopt a local registration program may impose a fine for failure to register. The local government has 15 days after receiving an application for registration to either accept the application or issue a written notice specifying all deficiencies. Both parties may agree to extend the timeline. If a municipality does not accept or deny an application within that 15-day window, that application is deemed approved. As a condition of registration, the local registration programs may only require the owner or operator of a vacation rental to: •Pay a fee of no more than $50 for processing the registration application •Renew their registration no more than once per year unless the property has a change in ownership  •Submit identifying information about the owner or the property manager and the short-term rental being registered •Obtain a license as a transient public lodging establishment by the Department of Business and Professional Regulation (DBPR) within 60 days of local registration •Obtain all required tax registration, receipts or certificates issued by the Department of Revenue, a county or a municipal government  •Maintain all registration information on a continuing basis so it is current •Comply with parking and solid waste handling requirements. These requirements cannot be imposed solely on short-term rentals. •Designate and maintain a property designee who can respond to complaints and other immediate problems related to the property, including being available by phone •Pay in full all municipal or county code liens against the property being registered.  CS/HB 325 was amended in committee to change the fee structure for ordinances adopted after 2014. CS/HB 325 now prohibits local governments from charging a fee for a local vacation rental registration. However, the amendment “grandfathers” in the fee structure for local governments with ordinances in place up until the bill takes effect. Going forward, local governments who receive “grandfathered” protections of their fee would not be permitted to increase them, only reduce or eliminate the amount. Additionally, the amendment includes a cure period for vacation rental owners who fail to register with the local government. The bill now mandates local governments waive the fine for failure to register if the owner becomes complaint within 30 days of receiving the notice. These provisions are not contained in CS/SB 512.  CS/SB 512 was amended to account for collective licenses at the local level and caps the registration fee at $100.  Impact on Advertising Platforms and DBPR Advertising platforms must include in all listings the property’s state license number, and if applicable, the local registration number. After July 1, 2023, the advertising platform will be required to check and verify the license number of all listings with DBPR. Additionally, by that date, DBPR will be required to maintain all short-term rental license information in an electronic format to ensure prompt compliance. Advertising platforms will be required to remove unlicensed listings within 15 days after notification by DBPR, as well as collect and remit all required taxes.  Termination/Denial of License DBPR may revoke, refuse to issue or renew a short-term rental license or suspend the license for up to 30 days under several circumstances: •The property owner violates the terms of any lease or applicable condominium, coop or homeowner’s association restrictions  •The owner fails to provide proof of local registration if one is required •The local registration is terminated by a local government for violating any of the registration requirements described above •The property and property owner are subject to a final order or judgment directing termination of the property’s short-term rental status •DBPR may also suspend the license for up to 30 days when the short-term rental has been cited for two or more code enforcement violations during a 90-day period. CS/SB 512 was amended to specify that these violations must be brought by a code enforcement board. (Taggart)

TELECOM

TRANSPORTATION

Advanced Air Mobility (Support) – FAILED 

CS/SB 728 (Harrell) and CS/HB 1005 (Fischer) create the Advanced Air Mobility Study Task Force adjunct to the Department of Transportation with the FDOT secretary, or the secretary's designee, serving as chair. The bills direct the task force to hold public hearings in locations throughout the state to assess and describe the current state of development of the advanced air mobility industry as well as collaborate with local governments to evaluate the potential integration of advanced air mobility into transportation plans. The bills list the Florida League of Cities as a member of this task force. CS/SB 728 ...

CS/SB 728 (Harrell) and CS/HB 1005 (Fischer) create the Advanced Air Mobility Study Task Force adjunct to the Department of Transportation with the FDOT secretary, or the secretary's designee, serving as chair. The bills direct the task force to hold public hearings in locations throughout the state to assess and describe the current state of development of the advanced air mobility industry as well as collaborate with local governments to evaluate the potential integration of advanced air mobility into transportation plans. The bills list the Florida League of Cities as a member of this task force. CS/SB 728 passed the Senate (37-0) and died in the House. (Branch)

Electric Vehicle Charging Infrastructure (Support) – FAILED 

SB 918 (Brandes) creates the Electric Vehicle Infrastructure Grant Program to provide financial assistance to municipalities and other entities for the installation of electric vehicle charging infrastructure. The bill authorizes the Department of Transportation to develop and publish criteria for the grant application. (Branch)  ...

SB 918 (Brandes) creates the Electric Vehicle Infrastructure Grant Program to provide financial assistance to municipalities and other entities for the installation of electric vehicle charging infrastructure. The bill authorizes the Department of Transportation to develop and publish criteria for the grant application. (Branch)

Fees/Electric Vehicles and Plug-in Hybrid Electric Vehicles (Support) – FAILED 

SB 908 (Brandes) creates additional fees and a licensing tax for electric and hybrid vehicles. The bill provides criteria and timeframes for the collection and disbursements of fees. This bill is linked to SB 918. (Branch)  ...

SB 908 (Brandes) creates additional fees and a licensing tax for electric and hybrid vehicles. The bill provides criteria and timeframes for the collection and disbursements of fees. This bill is linked to SB 918. (Branch)

Tampa Bay Area Regional Transit Authority (Watch) – FAILED 

SB 426 (Brandes) dissolves the Tampa Bay Area Regional Transit Authority. The bill requires the Authority to discharge its liabilities and settle and close its activities and affairs. The bill also provides for the distribution of the Authority's assets or the proceeds of such assets, such that each local general-purpose government represented on the Authority's board receives a distribution generally in proportion to each entity's contribution to the acquisition of the assets. (Branch) ...

SB 426 (Brandes) dissolves the Tampa Bay Area Regional Transit Authority. The bill requires the Authority to discharge its liabilities and settle and close its activities and affairs. The bill also provides for the distribution of the Authority's assets or the proceeds of such assets, such that each local general-purpose government represented on the Authority's board receives a distribution generally in proportion to each entity's contribution to the acquisition of the assets. (Branch)

Transportation Network Companies (Watch) – FAILED 

SB 696 (Perry) and CS/HB 445 (Botana) limit the pickup fees that an airport or seaport may charge a transportation network company to $2 per pickup. (Branch)  ...

SB 696 (Perry) and CS/HB 445 (Botana) limit the pickup fees that an airport or seaport may charge a transportation network company to $2 per pickup. (Branch)

Other Bills of Interest

HB 145 (Hage) and SB 474 (Perry) – Recreational Off-Highway Vehicle Weight Limits ...

HB 145 (Hage) and SB 474 (Perry) – Recreational Off-Highway Vehicle Weight Limits HB 157 (Andrade) and SB 398 (Hooper) – Transportation Projects HB 737 (Borrero) and SB 920 (Perry) – Electric Vehicle Transportation Electrification Plan SB 914 (Harrell) and HB 871 (Brannan) – Department of Highway Safety and Motor Vehicles

UTILITIES & NATURAL RESOURCES

Agricultural Practices (Watch) – FAILED 

SB 904 (Farmer) and HB 807 (Rayner) require, rather than authorize, the Department of Agriculture and Consumer Services to develop and adopt rules for interim measures, best management practices or other measures to achieve certain levels of pollution reduction statewide. (O'Hara) ...

SB 904 (Farmer) and HB 807 (Rayner) require, rather than authorize, the Department of Agriculture and Consumer Services to develop and adopt rules for interim measures, best management practices or other measures to achieve certain levels of pollution reduction statewide. (O'Hara)

Bottled Water Excise Tax (Watch) – FAILED 

HB 473 (Casello) and SB 798 (Taddeo) impose an excise tax on bottled water operators and specify the tax proceeds must be used to provide grants and loans to local governmental agencies for water projects, with priority given to septic-to-sewer conversion projects. (O'Hara) ...

HB 473 (Casello) and SB 798 (Taddeo) impose an excise tax on bottled water operators and specify the tax proceeds must be used to provide grants and loans to local governmental agencies for water projects, with priority given to septic-to-sewer conversion projects. (O'Hara)

Caloosahatchee River Watershed (Watch) – FAILED 

HB 585 (Botana) prohibits the land application of septage from onsite sewage treatment and disposal systems within the Caloosahatchee River watershed. The bill directs the Department of Environmental Protection to adopt an updated Caloosahatchee estuary basin management action plan (BMAP), which shall include the following: an implementation schedule to achieve nutrient load reductions necessary to meet total maximum daily load requirements for wastewater treatment facilities by 2027; an onsite sewage treatment and disposal system remediation plan and implementation schedule to meet nutrient load reductions for such systems by 2027; and a municipal stormwater remediation plan that requires an ...

HB 585 (Botana) prohibits the land application of septage from onsite sewage treatment and disposal systems within the Caloosahatchee River watershed. The bill directs the Department of Environmental Protection to adopt an updated Caloosahatchee estuary basin management action plan (BMAP), which shall include the following: an implementation schedule to achieve nutrient load reductions necessary to meet total maximum daily load requirements for wastewater treatment facilities by 2027; an onsite sewage treatment and disposal system remediation plan and implementation schedule to meet nutrient load reductions for such systems by 2027; and a municipal stormwater remediation plan that requires an implementation schedule to achieve stormwater nutrient load reductions by 2027. Lastly, the bill prohibits new domestic wastewater disposal facilities within the watershed, except for those facilities that meet advanced wastewater treatment standards and new septic systems on lots of less than 1 acre, if the addition of a specific system will conflict with the remediation plan. (O'Hara)

Certified Pile Burning (Oppose) – FAILED 

HB 6027 (Sabatini) amends current law relating to the open burning of debris from agricultural, silvicultural, land-clearing or tree-cutting activities, which is regulated and authorized by the Florida Forest Service. Currently, the law specifies the debris must originate onsite. HB 6027 would remove the onsite requirement, which would authorize the open burning of debris originating offsite as well as onsite. (O'Hara) ...

HB 6027 (Sabatini) amends current law relating to the open burning of debris from agricultural, silvicultural, land-clearing or tree-cutting activities, which is regulated and authorized by the Florida Forest Service. Currently, the law specifies the debris must originate onsite. HB 6027 would remove the onsite requirement, which would authorize the open burning of debris originating offsite as well as onsite. (O'Hara)

Development of Current or Former Agricultural Land (Watch) – PASSED 

CS/HB 909 (Payne) specifies that the Secretary of the Department of Environmental Protection has exclusive jurisdiction in setting standards or procedures for evaluating environmental conditions and assessing potential liability for the presence of contaminants on land that is classified as agricultural and is being converted to a nonagricultural use.  The bill prohibits the Secretary from delegating such authority to a city, county, or another unit of local government through a local pollution control program. CS/HB 909 passed the House (98-16) and the Senate (38-0) and is awaiting action by the Governor. (O’Hara) ...

CS/HB 909 (Payne) specifies that the Secretary of the Department of Environmental Protection has exclusive jurisdiction in setting standards or procedures for evaluating environmental conditions and assessing potential liability for the presence of contaminants on land that is classified as agricultural and is being converted to a nonagricultural use.  The bill prohibits the Secretary from delegating such authority to a city, county, or another unit of local government through a local pollution control program. CS/HB 909 passed the House (98-16) and the Senate (38-0) and is awaiting action by the Governor. (O’Hara)

Discharge and Use of Firefighting Foam (Watch) – FAILED 

HB 1257 (Casello) and SB 1666 (Polsky) prohibit the use of Class B firefighting foam (contains PFAS) beginning in 2023. The bills provide exceptions for the use of Class B foam in response to fire prevention or in an emergency firefighting operation. (O'Hara) ...

HB 1257 (Casello) and SB 1666 (Polsky) prohibit the use of Class B firefighting foam (contains PFAS) beginning in 2023. The bills provide exceptions for the use of Class B foam in response to fire prevention or in an emergency firefighting operation. (O'Hara)

Energy (Watch) – FAILED 

SB 548 (Polsky) and HB 491 (Skidmore) address a variety of energy and renewable energy issues. It establishes a tax credit for electricity produced from a renewable energy source located on a farm operation and authorizes the state to lease manmade stormwater systems for floating solar energy systems. The bill requires the state to adopt rules for a renewable and energy efficiency portfolio standard. (O'Hara) ...

SB 548 (Polsky) and HB 491 (Skidmore) address a variety of energy and renewable energy issues. It establishes a tax credit for electricity produced from a renewable energy source located on a farm operation and authorizes the state to lease manmade stormwater systems for floating solar energy systems. The bill requires the state to adopt rules for a renewable and energy efficiency portfolio standard. (O'Hara)

Everglades Protection Area/Comprehensive Plan Amendments (Watch) – FAILED 

SB 932 (Rodriguez, A.) and HB 729 (Aloupis) require comprehensive plans and plan amendments that apply to any land within, or within 2 miles of, the Everglades Protection Area to follow the state coordinated review process for state agency compliance review under Part II, Chapter 163, Florida Statutes. The bill also requires the Department of Environmental Protection to coordinate with the affected local governments on mitigation measures for plans or plan amendments that would impact Everglades restoration. (O'Hara) ...

SB 932 (Rodriguez, A.) and HB 729 (Aloupis) require comprehensive plans and plan amendments that apply to any land within, or within 2 miles of, the Everglades Protection Area to follow the state coordinated review process for state agency compliance review under Part II, Chapter 163, Florida Statutes. The bill also requires the Department of Environmental Protection to coordinate with the affected local governments on mitigation measures for plans or plan amendments that would impact Everglades restoration. (O'Hara)

Golf Course Best Management Practices Certification (Watch) – PASSED 

CS/CS/CS/HB 967 (Truenow) requires the turfgrass science program at the University of Florida Institute of Food and Agricultural Sciences (UF/IFAS), in coordination with the Florida Department of Environmental Protection (DEP), to administer a certification for golf course best management practices (BMPs) to ensure compliance with fertilizer BMPs. It requires UF/IFAS to provide training and testing certification programs and to issue certifications demonstrating completion of such programs. Certification expires four years after the date of issuance, with recertification available upon completion of additional continuing education. Persons certified in golf course BMPs are exempt from additional local government training and ...

CS/CS/CS/HB 967 (Truenow) requires the turfgrass science program at the University of Florida Institute of Food and Agricultural Sciences (UF/IFAS), in coordination with the Florida Department of Environmental Protection (DEP), to administer a certification for golf course best management practices (BMPs) to ensure compliance with fertilizer BMPs. It requires UF/IFAS to provide training and testing certification programs and to issue certifications demonstrating completion of such programs. Certification expires four years after the date of issuance, with recertification available upon completion of additional continuing education. Persons certified in golf course BMPs are exempt from additional local government training and testing and exempt from local ordinances relating to water and fertilizer use, blackout periods or restrictions unless a state of emergency is declared. The bill also encourages UF/IFAS to create an online registry of certified persons. CS/CS/HB 967 passed the House (112-1) and the Senate (38-0) and is awaiting action by the Governor. (O’Hara)

Greenhouse Gas Emissions (Watch) – FAILED 

SB 380 (Rodriguez) and HB 463 (Melo) prohibit state and regional agencies from adopting or enforcing state and regional programs to regulate greenhouse gas emissions without specific legislative authorization. (O'Hara) ...

SB 380 (Rodriguez) and HB 463 (Melo) prohibit state and regional agencies from adopting or enforcing state and regional programs to regulate greenhouse gas emissions without specific legislative authorization. (O'Hara)

Implementation of Recommendations of Blue-Green Algae Task Force (Watch) – FAILED 

SB 832 (Stewart) and HB 561 (Goff-Marcil) require onsite sewage treatment and disposal systems to be inspected once every five years and require the Department of Environmental Protection (DEP) to administer the inspection program and requirements. The bills also require DEP to assess the efficacy of projects listed within a basin management action plan having a total cost exceeding $1 million. (O'Hara) ...

SB 832 (Stewart) and HB 561 (Goff-Marcil) require onsite sewage treatment and disposal systems to be inspected once every five years and require the Department of Environmental Protection (DEP) to administer the inspection program and requirements. The bills also require DEP to assess the efficacy of projects listed within a basin management action plan having a total cost exceeding $1 million. (O'Hara)

Infrastructure Project Funding/Transfers of Utility Revenues (Oppose) – FAILED 

HB 621 (Fine) and SB 1162 (Broxson) prohibit specified state agencies and water management districts from disbursing state funds (including grants) for local government infrastructure, water and resiliency projects if the local government transfers its utility revenues (other than the costs of administrative and support services under a cost allocation plan) for use in providing general government functions and services. (Branch) ...

HB 621 (Fine) and SB 1162 (Broxson) prohibit specified state agencies and water management districts from disbursing state funds (including grants) for local government infrastructure, water and resiliency projects if the local government transfers its utility revenues (other than the costs of administrative and support services under a cost allocation plan) for use in providing general government functions and services. (Branch)

Inventories of Critical Wetlands (Watch) – PASSED

CS/CS/SB 882 (Brodeur) requires each water management district governing board, in cooperation with local governments, to develop a list of critical wetlands for acquisition using funds from the Land Acquisition Trust Fund. The bill specifies criteria the water management districts should consider in designating a wetland for inclusion on the list. CS/CS/SB 882 passed the Senate (38-0) and the House (111-2) and is awaiting action by the Governor. (O'Hara) ...

CS/CS/SB 882 (Brodeur) requires each water management district governing board, in cooperation with local governments, to develop a list of critical wetlands for acquisition using funds from the Land Acquisition Trust Fund. The bill specifies criteria the water management districts should consider in designating a wetland for inclusion on the list. CS/CS/SB 882 passed the Senate (38-0) and the House (111-2) and is awaiting action by the Governor. (O'Hara)

Land Acquisition Funding (Support) – FAILED 

CS/HB 1377 (Roth) and SB 1816 (Stewart) extend the retirement date of bonds issued to fund the Florida Forever Act from 2040 to 2054. The bills require the annual appropriation from the Land Acquisition Trust Fund (LATF) to the Florida Forever Trust Fund to be $100 million. SB 1816 prohibits LATF monies from being used for state agency executive direction and support services. (O’Hara) ...

CS/HB 1377 (Roth) and SB 1816 (Stewart) extend the retirement date of bonds issued to fund the Florida Forever Act from 2040 to 2054. The bills require the annual appropriation from the Land Acquisition Trust Fund (LATF) to the Florida Forever Trust Fund to be $100 million. SB 1816 prohibits LATF monies from being used for state agency executive direction and support services. (O’Hara)

Legal Rights of the Natural Environment (Watch) – FAILED 

HB 6003 (Eskamani) and SB 1854 (Farmer) repeal provisions of current law prohibiting local governments from recognizing or granting certain legal rights to the natural environment or granting such rights relating to the natural environment to a person or political subdivision. (O'Hara) ...

HB 6003 (Eskamani) and SB 1854 (Farmer) repeal provisions of current law prohibiting local governments from recognizing or granting certain legal rights to the natural environment or granting such rights relating to the natural environment to a person or political subdivision. (O'Hara)

Licensure for Tree Care Services (Support) – FAILED 

SB 1448 (Ausley) establishes the Florida Board of Tree Experts within the Florida Department of Agriculture and Consumer Services and requires the Board to develop or designate a licensure examination for licensed Florida arborists. The bill provides requirements for licensure as a licensed Florida arborist and a licensed tree care practitioner and provides grounds for the Board to suspend, revoke or refuse to issue or renew a permit. The bill requires a business engaged in tree care services to biennially register with the Board. (O'Hara) ...

SB 1448 (Ausley) establishes the Florida Board of Tree Experts within the Florida Department of Agriculture and Consumer Services and requires the Board to develop or designate a licensure examination for licensed Florida arborists. The bill provides requirements for licensure as a licensed Florida arborist and a licensed tree care practitioner and provides grounds for the Board to suspend, revoke or refuse to issue or renew a permit. The bill requires a business engaged in tree care services to biennially register with the Board. (O'Hara)

Local Government Solid Waste and Recycling Collection Services (Oppose) – FAILED 

SB 1944 (Baxley) and CS/CS/HB 1241 (Hawkins) address local governments’ contractual remedies against a solid waste or recycling vendor if the vendor fails to perform under the contract with the local government. SB 1944 prohibits local governments from seeking liquidated damages, administrative fees, or other similar charges against a solid waste management or recycling entity for action or inaction during a local, state or federal emergency. SB 1944 also caps the amount of liquidated damages, administrative fees or other similar charges that may be sought against a waste or recycling company to 50% of the amount billed to ...

SB 1944 (Baxley) and CS/CS/HB 1241 (Hawkins) address local governments’ contractual remedies against a solid waste or recycling vendor if the vendor fails to perform under the contract with the local government. SB 1944 prohibits local governments from seeking liquidated damages, administrative fees, or other similar charges against a solid waste management or recycling entity for action or inaction during a local, state or federal emergency. SB 1944 also caps the amount of liquidated damages, administrative fees or other similar charges that may be sought against a waste or recycling company to 50% of the amount billed to the customer for collection services at the daily rate. CS/CS/HB 1241 would prohibit a local government from assessing liquidated damages against a vendor that misses a scheduled collection during a declared emergency, so long as the vendor provides the missed collection service within 36 hours of the scheduled service. If the vendor fails to provide the collection service after 36 hours, the local government is not required to pay for that service. The bill does not apply to missed collections that are due to the fault of the vendor, and the bill does not apply to contracts or contractual provisions for the collection of storm-generated yard trash. Both bills apply to contracts executed or renewed on or after July 1, 2022. (O’Hara)

Municipal Solid Waste-to-Energy Program (Watch) – PASSED 

CS/CS/SB 1764 (Albritton) creates the Municipal Solid Waste-to-Energy Program within the Department of Agriculture & Consumer Services and require the department to provide financial assistance grants to municipal solid waste-to-energy facilities that have entered into power purchase agreements with electric utilities that include capacity payments, and the facility will no longer receive capacity payments under the agreement. The bill also directs the department to provide incentive grants to waste-to-energy facilities to assist with constructing, upgrading, or expanding a facility. Grant funds may not be used for a residential collection system that does not separate solid waste from recovered ...

CS/CS/SB 1764 (Albritton) creates the Municipal Solid Waste-to-Energy Program within the Department of Agriculture & Consumer Services and require the department to provide financial assistance grants to municipal solid waste-to-energy facilities that have entered into power purchase agreements with electric utilities that include capacity payments, and the facility will no longer receive capacity payments under the agreement. The bill also directs the department to provide incentive grants to waste-to-energy facilities to assist with constructing, upgrading, or expanding a facility. Grant funds may not be used for a residential collection system that does not separate solid waste from recovered materials. The bill appropriates $100 million in recurring funds to the Department for the new program. CS/CS/SB 1764 passed the Senate (38-0) and the House (110-8) and is awaiting action by the Governor. (O’Hara)

Municipal Water and Sewer Utility Rates (Oppose) – FAILED 

SB 886 (Jones) and HB 515 (Robinson, F.) require a municipal water or sewer utility that serves customers in another recipient municipality using infrastructure located in the recipient municipality to charge consumers in the recipient municipality the same rates, fees and charges as it does the consumers inside its municipal boundaries. (Branch) ...

SB 886 (Jones) and HB 515 (Robinson, F.) require a municipal water or sewer utility that serves customers in another recipient municipality using infrastructure located in the recipient municipality to charge consumers in the recipient municipality the same rates, fees and charges as it does the consumers inside its municipal boundaries. (Branch)

Net Metering (Watch) – PASSED 

CS/CS/HB 741 (McClure) revises current law relating to net metering by investor-owned utilities (IOUs). Net metering allows customers who own on-site renewable energy systems, typically solar systems, to interconnect with the electric grid and be compensated for excess electricity generated on-site that is subsequently transferred to the electric grid. Under Florida’s current net metering framework for IOU’s, the credit customers receive on their bill equals the value of the excess energy to the utility’s retail rate. The bill modifies the current net metering framework for IOUs, establishing a graduated schedule for crediting excess energy delivered to the electric ...

CS/CS/HB 741 (McClure) revises current law relating to net metering by investor-owned utilities (IOUs). Net metering allows customers who own on-site renewable energy systems, typically solar systems, to interconnect with the electric grid and be compensated for excess electricity generated on-site that is subsequently transferred to the electric grid. Under Florida’s current net metering framework for IOU’s, the credit customers receive on their bill equals the value of the excess energy to the utility’s retail rate. The bill modifies the current net metering framework for IOUs, establishing a graduated schedule for crediting excess energy delivered to the electric grid by a customer. The schedule is based on the date a customer’s net metering application is approved. For applications approved between January 2024 and December 2025, the customer’s energy usage will be offset by 75% of the amount credited. For applications approved between January 2026 and December 2026, the customer’s energy usage shall be offset by 60% of the amount credited. For applications approved between January 2027 and December 2028, the customer’s energy usage shall be offset by 50% of the amount credited. Customers for which a net metering application is approved before January 2029 pursuant to a standard interconnection agreement will be given 20 years to continue to use the net metering rates that applied at the time the application was approved. The bill further provides that if customer-owned renewable generation in the state exceeds a certain threshold, the Public Service Commission must initiate rulemaking to adopt a new rule for net metering. The bill authorizes an IOU to petition the Public Service Commission after January 2024 for approval to impose any combination of charges to ensure that the IOU recovers the fixed costs of serving customers who own or lease renewable generation and that the general class of ratepayers does not subsidize customer-owned or leased generation. The bill directs the Public Service Commission to establish a new program to become effective January 2029 for customers for which a net metering application is approved after that date. The new program must ensure that: IOU customers who own renewable generation pay their full cost of electric service and are not cross-subsidized by the general class of ratepayers; all energy delivered by the IOU is purchased at its applicable retail rate; and all energy delivered by the customer-owned renewable generation to the IOU is credited to the customer at the IOU’s full avoided costs. CS/CS/HB 741 passed the House (83-31) and the Senate (24-15) and is awaiting action by the Governor. (O'Hara)

Office of the Blue Economy (Watch) – FAILED 

SB 1454 (Ausley) and HB 1081 (Skidmore) establish the Office of the Blue Economy within the Department of Economic Opportunity and provides duties of the Office. The term "blue economy" means the economic uses of ocean and coastal resources with a focus on sustainable practices and the competitive positioning of the state in a global economy affected by climate change. It includes maritime industries as well as tourism and outdoor recreational activities. It also requires the Office of Economic and Demographic Research to conduct a biennial evaluation of the blue economy for inclusion in its annual state water ...

SB 1454 (Ausley) and HB 1081 (Skidmore) establish the Office of the Blue Economy within the Department of Economic Opportunity and provides duties of the Office. The term "blue economy" means the economic uses of ocean and coastal resources with a focus on sustainable practices and the competitive positioning of the state in a global economy affected by climate change. It includes maritime industries as well as tourism and outdoor recreational activities. It also requires the Office of Economic and Demographic Research to conduct a biennial evaluation of the blue economy for inclusion in its annual state water resources assessment. (O'Hara)

Onsite Sewage Treatment and Disposal System Inspections (Support) – FAILED 

HB 1125 (Caruso) directs the Department of Environmental Protection (DEP) to administer an onsite sewage treatment and disposal system periodic inspection program. It requires owners of certain systems to have periodic inspections of such systems every five years and to pay for the costs of such inspections, as well as any repairs or replacements. It authorizes local governments to create grant programs for homeowners' replacement costs. It directs DEP to submit program reports to the Governor, Legislature, Chief Science Officer and the Blue-Green Algae Task Force. (O'Hara) ...

HB 1125 (Caruso) directs the Department of Environmental Protection (DEP) to administer an onsite sewage treatment and disposal system periodic inspection program. It requires owners of certain systems to have periodic inspections of such systems every five years and to pay for the costs of such inspections, as well as any repairs or replacements. It authorizes local governments to create grant programs for homeowners' replacement costs. It directs DEP to submit program reports to the Governor, Legislature, Chief Science Officer and the Blue-Green Algae Task Force. (O'Hara)

Per- and Polyfluoroalkyl Substances (PFAS) Task Force (Watch) – FAILED 

HB 1151 (Sirois) creates a 15-member task force within the Department of Environmental Protection and specifies its members, which include a representative from the League. The bill directs the Task Force to develop recommendations for enforceable regulatory standards, a mechanism for identification and cleanup of contaminated areas, methods to address liability for contamination and responsibility for cleanup, appropriate methods and technologies for cleanup, funding sources for cleanup and remediation, methods to manage PFAS waste, appropriate testing for PFAS, and methods to eliminate workforce exposure. The bill directs the Task Force to issue an annual report to the Governor ...

HB 1151 (Sirois) creates a 15-member task force within the Department of Environmental Protection and specifies its members, which include a representative from the League. The bill directs the Task Force to develop recommendations for enforceable regulatory standards, a mechanism for identification and cleanup of contaminated areas, methods to address liability for contamination and responsibility for cleanup, appropriate methods and technologies for cleanup, funding sources for cleanup and remediation, methods to manage PFAS waste, appropriate testing for PFAS, and methods to eliminate workforce exposure. The bill directs the Task Force to issue an annual report to the Governor and Legislature, beginning October 2023. (O’Hara)

Preemption of Over-the-counter Drugs and Cosmetics (Support) – FAILED 

HB 6019 (Eskamani) repeals current law provisions preempting the regulation of over-the-counter proprietary drugs and cosmetics to the state. (O'Hara) ...

HB 6019 (Eskamani) repeals current law provisions preempting the regulation of over-the-counter proprietary drugs and cosmetics to the state. (O'Hara)

Preemption of Recyclable and Polystyrene Materials (Support) – FAILED 

SB 320 (Stewart) and HB 6063 (Grieco) remove the current statutory preemption of local laws regarding the regulation of auxiliary containers, wrappings or disposable plastic bags. In addition, the bills remove the statutory preemption of local laws regarding the use or sale of polystyrene products to the Department of Agriculture. (O'Hara) ...

SB 320 (Stewart) and HB 6063 (Grieco) remove the current statutory preemption of local laws regarding the regulation of auxiliary containers, wrappings or disposable plastic bags. In addition, the bills remove the statutory preemption of local laws regarding the use or sale of polystyrene products to the Department of Agriculture. (O'Hara)

Preemption of Tree Pruning, Trimming and Removal (Support) – FAILED 

HB 6025 (Eskamani) and SB 316 (Stewart) repeal current law preempting specified local government regulations relating to tree pruning, trimming and removal on residential property. (O'Hara) ...

HB 6025 (Eskamani) and SB 316 (Stewart) repeal current law preempting specified local government regulations relating to tree pruning, trimming and removal on residential property. (O'Hara)

Public Bathing Places/Safe Waterways (Watch) – FAILED 

HB 393 (Hinson) and SB 604 (Berman) require the Department of Health to adopt and enforce certain rules and issue health advisories for public bathing places if the results of bacteriological water sampling at the site fail to meet health standards. The bills require the Department to notify a municipality or county if a health advisory is issued against swimming in public bathing places and require the county or municipality to place signage around public bathing places warning of the bacterial contamination until such time the bacterial contamination is resolved. (O'Hara) ...

HB 393 (Hinson) and SB 604 (Berman) require the Department of Health to adopt and enforce certain rules and issue health advisories for public bathing places if the results of bacteriological water sampling at the site fail to meet health standards. The bills require the Department to notify a municipality or county if a health advisory is issued against swimming in public bathing places and require the county or municipality to place signage around public bathing places warning of the bacterial contamination until such time the bacterial contamination is resolved. (O'Hara)

Public Financing of Potentially At-Risk Structures and Infrastructure (Watch) – FAILED 

CS/SB 1434 (Rodriguez) and CS/HB 1077 (Hunschofsky) revise current law provisions that require certain public-financed projects and infrastructure to undergo a Sea-Level Impact Projection Study prior to construction. The bills expand the types of projects and infrastructure subject to the requirement by including "potentially at-risk" projects within an area that is "at risk due to sea-level rise," as defined in the bills. The bills also add a requirement that a public-financed constructor provide a list of flood mitigation strategies evaluated as part of the design of the potentially at-risk structure or infrastructure and identify the flood mitigation strategies ...

CS/SB 1434 (Rodriguez) and CS/HB 1077 (Hunschofsky) revise current law provisions that require certain public-financed projects and infrastructure to undergo a Sea-Level Impact Projection Study prior to construction. The bills expand the types of projects and infrastructure subject to the requirement by including "potentially at-risk" projects within an area that is "at risk due to sea-level rise," as defined in the bills. The bills also add a requirement that a public-financed constructor provide a list of flood mitigation strategies evaluated as part of the design of the potentially at-risk structure or infrastructure and identify the flood mitigation strategies that have been implemented or are being considered as part of the structure or infrastructure design. (O'Hara)

Regulation of Single-use Plastic Products (Support) – FAILED 

HB 1145 (Mooney) and SB 1580 (Rodriguez, A.) authorize certain coastal communities as defined in the bills to establish pilot programs to regulate single-use plastic products. The bills also require the Department of Environmental Protection to submit updated retail plastic bag reports with conclusions and recommendations to the Legislature by specified dates. (O'Hara) ...

HB 1145 (Mooney) and SB 1580 (Rodriguez, A.) authorize certain coastal communities as defined in the bills to establish pilot programs to regulate single-use plastic products. The bills also require the Department of Environmental Protection to submit updated retail plastic bag reports with conclusions and recommendations to the Legislature by specified dates. (O'Hara)

Renewable Energy (Oppose) – FAILED 

SB 182 (Brandes) allows the owner of a business or a 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 that the business owner or the 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 ...

SB 182 (Brandes) allows the owner of a business or a 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 that the business owner or the 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 the bill 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 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)

Residential Home Protection (Support) – PASSED 

CS/SB 518 (Brodeur) clarifies current law section 163.045, F.S., which provides that a local government may not require a notice, application, permit, fee, or mitigation for pruning, trimming, or removing a tree on a residential property if the owner obtains documentation from an arborist or licensed landscape architect that the tree presents a danger to persons or property. The bill defines “documentation” as an onsite assessment performed in accordance with tree risk assessment procedures outlined in Best Management Practices – Tree Risk Assessment, Second Edition (2017) by an arborist certified by the International Society of Arboriculture (ISA) or ...

CS/SB 518 (Brodeur) clarifies current law section 163.045, F.S., which provides that a local government may not require a notice, application, permit, fee, or mitigation for pruning, trimming, or removing a tree on a residential property if the owner obtains documentation from an arborist or licensed landscape architect that the tree presents a danger to persons or property. The bill defines “documentation” as an onsite assessment performed in accordance with tree risk assessment procedures outlined in Best Management Practices – Tree Risk Assessment, Second Edition (2017) by an arborist certified by the International Society of Arboriculture (ISA) or a Florida licensed landscape architect, and signed by the arborist or landscape architect. It defines “residential property” as a single-family, detached building located on a lot actively used for single-family residential purposes and that is either a conforming use or a legally recognized non-conforming use. The bill removes reference to the term “danger” and replaces it with the phrase “unacceptable risk”. It specifies a tree presents an unacceptable risk if removal is the only means of practically mitigating its risk before moderate, as determined by the tree risk assessment procedures outlined in the Best Management Practices – Tree Risk Assessment, Second Edition (2017). CS/SB 518 passed the Senate (38-0) and the House (116-1) and is awaiting action by the Governor. (O'Hara)

Resiliency Energy Environment Florida Program (Watch) – FAILED 

CS/HB 101 (Fine) and CS/SB 228 (Rodriguez, A.) amend current law relating to Property Assessed Clean Energy programs (PACE), whereby local governments, alone or in partnership with a program administrator, may finance qualifying improvements on residential property relating to energy conservation and efficiency or renewable energy. The bills add several consumer protections to the current PACE program, including: capping the total of all non-ad valorem assessments, plus any mortgage debt on the property at 97% of a residential property’s fair market value, requiring a determination that a property owner meets certain creditworthiness requirements, and allowing property owners to ...

CS/HB 101 (Fine) and CS/SB 228 (Rodriguez, A.) amend current law relating to Property Assessed Clean Energy programs (PACE), whereby local governments, alone or in partnership with a program administrator, may finance qualifying improvements on residential property relating to energy conservation and efficiency or renewable energy. The bills add several consumer protections to the current PACE program, including: capping the total of all non-ad valorem assessments, plus any mortgage debt on the property at 97% of a residential property’s fair market value, requiring a determination that a property owner meets certain creditworthiness requirements, and allowing property owners to cancel a financing agreement within three days of execution. The bills also require the local government to post an online annual report documenting certain PACE activities. (Hughes)

Saltwater Intrusion Vulnerability Assessments (Watch) – FAILED 

CS/SB 1238 (Polsky) and HB 1019 (Duggan) require coastal counties to conduct vulnerability assessments that analyze the effects of saltwater intrusion on their water supplies. The assessments must be conducted by September 2022. The bills require each coastal county to provide copies of its assessment to the Department of Environmental Protection and the respective water management districts. The bills require water management districts, in collaboration with coastal counties, to submit annually to DEP a list of proposed projects based on the assessments. (O'Hara) ...

CS/SB 1238 (Polsky) and HB 1019 (Duggan) require coastal counties to conduct vulnerability assessments that analyze the effects of saltwater intrusion on their water supplies. The assessments must be conducted by September 2022. The bills require each coastal county to provide copies of its assessment to the Department of Environmental Protection and the respective water management districts. The bills require water management districts, in collaboration with coastal counties, to submit annually to DEP a list of proposed projects based on the assessments. (O'Hara)

Sanitary Sewer Lateral Inspection Programs (Watch) – FAILED 

HB 303 (Truenow) and CS/SB 608 (Brodeur) authorize counties and municipalities to access sanitary sewer laterals within their jurisdiction to investigate, repair or replace the lateral. A sanitary sewer lateral is a privately-owned pipeline connecting a property to the main sewer line. The bills require municipalities and counties to notify private property owners within a specified timeframe if the government intends to access the owner's sanitary sewer lateral and an anticipated timeframe for the work. The bills specify that local governments who establish sanitary sewer lateral programs are legally and financially responsible for all work that is performed ...

HB 303 (Truenow) and CS/SB 608 (Brodeur) authorize counties and municipalities to access sanitary sewer laterals within their jurisdiction to investigate, repair or replace the lateral. A sanitary sewer lateral is a privately-owned pipeline connecting a property to the main sewer line. The bills require municipalities and counties to notify private property owners within a specified timeframe if the government intends to access the owner's sanitary sewer lateral and an anticipated timeframe for the work. The bills specify that local governments who establish sanitary sewer lateral programs are legally and financially responsible for all work that is performed and authorize such programs to use specified state or local funds to evaluate and rehabilitate impaired laterals. CS/SB 608 was amended to clarify that a municipality or county may elect to establish and implement an alternative evaluation and rehabilitation program to identify and reduce extraneous flow from leaking from sanitary sewer laterals. (O'Hara)

Seagrass Mitigation Banks (Watch) – FAILED 

CS/SB 198 (Rodriguez, A.) and CS/HB 349 (Overdorf, Sirois) authorize the Board of Trustees of the Internal Improvement Trust Fund to establish seagrass mitigation banks under certain conditions. (O’Hara) ...

CS/SB 198 (Rodriguez, A.) and CS/HB 349 (Overdorf, Sirois) authorize the Board of Trustees of the Internal Improvement Trust Fund to establish seagrass mitigation banks under certain conditions. (O’Hara)

Soil and Groundwater Contamination (Support) – PASSED 

CS/HB 1475 (McClure) provides that if the U.S. Environmental Protection Agency has not finalized its standards for Per- and Polyfluoroalkyl Substances (PFAS) in drinking water, groundwater and soil by January 2025, the Department of Environmental Protection (DEP) must adopt by rule statewide cleanup target levels for PFAS in drinking water, soil and groundwater, with priority given to PFOA and PFOS. The DEP rules may not take effect until ratified by the Legislature. In addition, until the department’s rule for a particular PFAS constituent has been ratified by the Legislature, a governmental agency or private water supplier may not ...

CS/HB 1475 (McClure) provides that if the U.S. Environmental Protection Agency has not finalized its standards for Per- and Polyfluoroalkyl Substances (PFAS) in drinking water, groundwater and soil by January 2025, the Department of Environmental Protection (DEP) must adopt by rule statewide cleanup target levels for PFAS in drinking water, soil and groundwater, with priority given to PFOA and PFOS. The DEP rules may not take effect until ratified by the Legislature. In addition, until the department’s rule for a particular PFAS constituent has been ratified by the Legislature, a governmental agency or private water supplier may not be subject to any administrative or judicial action under Chapter 376 brought by any state or local governmental entity to compel or enjoin site rehabilitation, to require payment for the cost of rehabilitation, or to require payment of any fines or penalties regarding rehabilitation based on the presence of that particular PFAS constituent. CS/HB 1475 passed the House (111-0) and the Senate (38-0) and is awaiting action by the Governor. (O’Hara)

Solar Photovoltaic Facility Development (Support) – FAILED 

HB 745 (Alexander) and SB 1562 (Ausley) direct the Department of Environmental Protection, in coordination with the Office of Energy within the Department of Agriculture and Consumer Services, to conduct a study of brownfield sites and closed landfill sites to determine viable locations for redevelopment as solar photovoltaic facilities. The bills specify requirements for the study and directs DEP to submit a report to the Governor and Legislature by August 2023. (O'Hara) ...

HB 745 (Alexander) and SB 1562 (Ausley) direct the Department of Environmental Protection, in coordination with the Office of Energy within the Department of Agriculture and Consumer Services, to conduct a study of brownfield sites and closed landfill sites to determine viable locations for redevelopment as solar photovoltaic facilities. The bills specify requirements for the study and directs DEP to submit a report to the Governor and Legislature by August 2023. (O'Hara)

State Renewable Energy Goals (Watch) – FAILED 

HB 81 (Eskamani) and SB 366 (Berman) prohibit the drilling, exploration or production of petroleum products in the state. In addition, the bills direct the Office of Energy within the Department of Agriculture and Consumer Services to develop a statewide plan to generate 100% of the electricity used in the state from renewable energy by 2040 and for the state to have net-zero carbon emissions statewide by 2050. (O'Hara) ...

HB 81 (Eskamani) and SB 366 (Berman) prohibit the drilling, exploration or production of petroleum products in the state. In addition, the bills direct the Office of Energy within the Department of Agriculture and Consumer Services to develop a statewide plan to generate 100% of the electricity used in the state from renewable energy by 2040 and for the state to have net-zero carbon emissions statewide by 2050. (O'Hara)

Statewide Flooding and Sea-Level Rise Resilience (Support) – PASSED 

CS/HB 7053 (Environment, Agriculture & Flooding Subcommittee) establishes the Office of Resiliency within the Executive Office of the Governor and provides for the appointment of a Chief Resilience Officer. The bill requires the Department of Transportation to develop a resilience action plan for the State Highway System. The bill makes various revisions to current law relating to statewide resiliency funding and planning, including: authorizing the use of Resilient Florida Grant Program funds for preconstruction activities for projects in municipalities and counties meeting certain population thresholds, but not for projects that adapt critical assets to flooding and sea-level rise; ...

CS/HB 7053 (Environment, Agriculture & Flooding Subcommittee) establishes the Office of Resiliency within the Executive Office of the Governor and provides for the appointment of a Chief Resilience Officer. The bill requires the Department of Transportation to develop a resilience action plan for the State Highway System. The bill makes various revisions to current law relating to statewide resiliency funding and planning, including: authorizing the use of Resilient Florida Grant Program funds for preconstruction activities for projects in municipalities and counties meeting certain population thresholds, but not for projects that adapt critical assets to flooding and sea-level rise; extending by one year the dates by which the Comprehensive Statewide Flood Vulnerability and Sea-Level Rise Data Set and the Assessment must be completed; requiring the Florida Flood Hub to provide tidal and storm surge flooding data to cities and counties for vulnerability assessments; and requires DEP to rank and include in its annual Statewide Flooding and Sea Level Rise Resilience Plan all eligible projects that were submitted and to include a detailed overview describing how the plan was developed; specifying that the DEP plan submitted in 2023 must be an update to the preliminary plan submitted in 2021; and authorizes drainage districts, erosion control districts, regional water supply authorities, and certain special districts to submit proposed projects for the plan under certain circumstances. HB 7053 passed the House (114-1) and the Senate (37-0) and is awaiting action by the Governor. (O’Hara)

Study to Establish a Statewide Long-term Recycling Goal (Watch) – FAILED

CS/SB 1156 (Stewart) and HB 935 (Morales) require the Department of Environmental Protection to conduct a study on the establishment of a new long-term, statewide recycling goal. The bills specify the requirements for the study and require DEP to submit a report and any policy recommendations to the Governor and Legislature upon completion of the study. (O'Hara)  ...

CS/SB 1156 (Stewart) and HB 935 (Morales) require the Department of Environmental Protection to conduct a study on the establishment of a new long-term, statewide recycling goal. The bills specify the requirements for the study and require DEP to submit a report and any policy recommendations to the Governor and Legislature upon completion of the study. (O'Hara)

Temporary Underground Power Panels (Watch) – PASSED 

CS/HB 481 (Duggan) prohibits counties and municipalities from enacting regulations that prevent electric utilities from installing temporary underground power panels that meet the requirements of the National Electrical Code, and prevent counties and municipalities from requiring permanent inspections if the local government has already performed a temporary inspection. CS/HB 481 passed the House (115-0) and the Senate (36-0) and is awaiting action by the Governor. (O'Hara) ...

CS/HB 481 (Duggan) prohibits counties and municipalities from enacting regulations that prevent electric utilities from installing temporary underground power panels that meet the requirements of the National Electrical Code, and prevent counties and municipalities from requiring permanent inspections if the local government has already performed a temporary inspection. CS/HB 481 passed the House (115-0) and the Senate (36-0) and is awaiting action by the Governor. (O'Hara)

Vessels/Fish and Wildlife Conservation Commission (Watch) – PASSED 

CS/CS/SB 494 (Hutson) revises laws administered by the Fish & Wildlife Conservation Commission (FWC) and other law enforcement bodies. Among other things, the bill modifies current law provisions relating to derelict, at-risk and abandoned vessels. It specifies that a vessel is at risk of becoming derelict if it is tied to an unlawful or unpermitted mooring or other structure. It outlines the circumstances in which law enforcement may destroy or dispose of a vessel, and it adds vessels declared a public nuisance to the definition of “abandoned property.” It clarifies that the additional time given for an owner ...

CS/CS/SB 494 (Hutson) revises laws administered by the Fish & Wildlife Conservation Commission (FWC) and other law enforcement bodies. Among other things, the bill modifies current law provisions relating to derelict, at-risk and abandoned vessels. It specifies that a vessel is at risk of becoming derelict if it is tied to an unlawful or unpermitted mooring or other structure. It outlines the circumstances in which law enforcement may destroy or dispose of a vessel, and it adds vessels declared a public nuisance to the definition of “abandoned property.” It clarifies that the additional time given for an owner to remove a derelict vessel or to repair the vessel in the event of an accident or event does not apply if the vessel was already derelict at the time of the accident or event. The bill reorganizes current law provisions authorizing FWC to establish a program to provide grants to local governments for removal, storage, destruction, and disposal of derelict vessels and vessels declared a public nuisance. It directs FWC to adopt rules for local governments to submit grant applications and criteria for allocating available funds. The grant award criteria must consider, among other things, the number of derelict vessels within the applicant’s jurisdiction, the threat posed by such vessels to health and safety, the environment, navigation, or aesthetics, and the degree of commitment of the local government to maintain waters free of derelict vessels and to seek legal action against those who abandon vessels. The bill specifies that a certificate of title may not be issued for a public nuisance vessel, and it adds public nuisance vessels to the definition of abandoned property. In addition, the bill provides that a local government cannot create a public bathing beach or swim area in the marked channel of the Florida Intracoastal Waterway or within 100 feet of the marked channel. CS/CS/SB 494 passed the Senate (39-0) and the House (116-0) and is awaiting action by the Governor. (Branch)

Water Quality Enhancement Areas/Environmental Management (Watch) – PASSED 

CS/CS/HB 965 (Truenow) provides for the construction, operation, maintenance and long-term management of off-site, regional, compensatory water treatment areas called “water quality enhancement areas.” These areas will be used to offset impacts to water quality caused by increases in nutrient loading from development projects. Under the bill, water quality enhancement credits could be purchased from a water quality enhancement area to offset such development impacts. An “enhancement credit” is defined in the bill as a standard unit of measure that represents a quantity of pollutant removed. The bill specifies that water quality enhancement areas must be regulated through ...

CS/CS/HB 965 (Truenow) provides for the construction, operation, maintenance and long-term management of off-site, regional, compensatory water treatment areas called “water quality enhancement areas.” These areas will be used to offset impacts to water quality caused by increases in nutrient loading from development projects. Under the bill, water quality enhancement credits could be purchased from a water quality enhancement area to offset such development impacts. An “enhancement credit” is defined in the bill as a standard unit of measure that represents a quantity of pollutant removed. The bill specifies that water quality enhancement areas must be regulated through permits issued by the Department of Environmental Regulation. While the bill allows governmental entities to use water quality enhancement areas to address their water quality needs, the bill specifies that governmental entities may not act as sponsors to construct, operate, manage, maintain or market enhancement credits to third parties. In addition, the bill provides that local governments may not require a permit or impose regulations governing the operation of an enhancement area. A water quality enhancement area permit applicant must provide reasonable assurances that an enhancement area will achieve defined performance criteria, benefit water quality and assure long-term pollutant reduction. The bill specifies requirements for an enhancement area and requires that such areas correspond to the appropriate basin management action plan boundary. The bill specifies requirements for the generation of enhancement credits and provides that a local government may not deny the use of credits due to the location of the enhancement area being outside the jurisdiction of the local government. Lastly, the bill specifies that whether a dwelling is owner-occupied is not an eligibility criterion for a developer or homebuilder to receive density or intensity bonuses for implementing graywater technologies. CS/CS/HB 965 passed the House (107-0) and the Senate (39-0) and is awaiting action by the Governor. (O’Hara)

Water Resources Management (Watch) – FAILED

HB 349 (Sirois) authorizes the Board of Trustees of the Internal Improvement Trust Fund (Board) to grant easements for mitigation banks under certain conditions. The bill also exempts certain docks on recorded easements from state permit requirements and authorizes such docks to use submerged lands upon the Board's approval. (O'Hara) ...

HB 349 (Sirois) authorizes the Board of Trustees of the Internal Improvement Trust Fund (Board) to grant easements for mitigation banks under certain conditions. The bill also exempts certain docks on recorded easements from state permit requirements and authorizes such docks to use submerged lands upon the Board's approval. (O'Hara)

Well Stimulation (Watch) – FAILED 

SB 208 (Farmer) creates the Stop Fracking Act. The bill prohibits extreme well stimulation, which is defined to include the various forms of fracking used to increase the production at an oil or gas well. (O'Hara) ...

SB 208 (Farmer) creates the Stop Fracking Act. The bill prohibits extreme well stimulation, which is defined to include the various forms of fracking used to increase the production at an oil or gas well. (O'Hara)

Other Bills of Interest

HB 35 (Roach)  and SB 244 (Gruters) – Partisan Elections for Members of District School Boards ...

HB 35 (Roach)  and SB 244 (Gruters) – Partisan Elections for Members of District School Boards SB 442 (Rodriguez) and HB 571 (Mooney) – Powers of Land Authorities HB 309 (Fetterhoff) and SB 856 (Brodeur) – Private Provider Inspections of Onsite Sewage Treatment  and Disposal Systems SB 536 (Diaz) and HB 337 (McClain) – Administrative Procedures SB 690 (Rodriguez, A.) and HB 691 (Slosberg) – Resilience-related Advisory Committees HB 421 (Truenow) and SB 834 (Brodeur) – Long-term Cleanup of Water Bodies SB 602 (Rodriguez, A.) and HB 449 (Mooney) – Land Acquisition Trust Fund (Florida Keys) HB 603 (Bell) and SB 1400 (Burgess) – Land Acquisition Trust Fund (Heartland Headwaters) HB 441 (Fabricio) and SB 984 (Diaz) – Construction Materials Mining Activities HB 6071 (Fabricio) – Construction Materials Mining Activities Admin Recovery Act HB 6073 (Fabricio) – Construction Materials Mining Activities Admin Recovery Act HB 579 (Melo) and SB 1128 (Harrell) – Aquatic Plant Management SB 840 (Albritton) and HB 841 (DiCeglie) – Residential Property Riparian Rights HB 513 (Bartleman) and SB 1326 (Rodriguez) – Comprehensive Review Study of the Central and Southern Florida Project SB 1000 (Albritton) and HB 1291 (McClure) – Nutrient Application Rates HB 6085 (Eskamani) and SB 1102 (Farmer) – Farming Operations HB 711 (Diamond) and SB 238 (Jones) – Endangered and Threatened Species SB 1110 (Rouson) and HB 1177 (Chaney) – Grease Waste Removal and Disposal HB 901 (Chambliss) and SB 1212 (Polsky) – Roadside Farm Stand Signage HB 7003 (Public Integrity  and Elections Committee) – Implementation of Constitutional Prohibition Against Lobbying by a Former Justice of Judge SB 1432 (Rodriguez) and HB 1065 (Mooney) – Vessel Anchoring SB 416 (Garcia) and HB 1129 (Avila) – Mangrove Planting  and Restoration SB 1914 (Taddeo) and HB 1353 (Thompson) – Elections SB 1722 (Jones) and HB 6105 (Hinson) – Elections SB 1586 (Polsky) and HB 1217 (Diamond) – Elections  HB 1381 (Silvers) – Retail Petroleum Fuel Measuring Devices SB 1612 (Ausley) and HB 1289 (Alexander) – Department of Agriculture  and Consumer Services SB 1678 (Gibson) and HB 1285 (Hinson) – Energy Equity Task Force SB 1584 (Gruters) – Outstanding Florida Springs

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