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FAC Welcomes County Commissioners and Staff to Legislative Day in Tallahassee Alongside Session Week Two!
FAC had such a wonderful week, welcoming all counties to the 2022 Legislative Day! On Wednesday, county commissioners and staff traveled to Tallahassee to get a first-hand look at this Session. Those in attendance heard from Florida’s Attorney General, Ashley Moody, the Chief Financial Officer, Jimmy Patronis, and Florida Department of Agriculture Commissioner, Nikki Fried, as they addressed a few of their top priorities this Session and in the state of Florida.
Additionally, FAC heard from leaders of Florida’s state agencies including Secretary of State Laurel Lee, Deputy Secretary of Community Development Ben Melnick of the Department of Economic Opportunity, Associate Secretary of Strategic Development Brad Thoburn of the Department of Transportation, and Chief of Staff Luke Strickland of the Department of Emergency Management.
Attendees got a sneak peek into the innovative solutions state leaders have been working on to address issues concerning the criminal justice system, environmental regulations, food insecurity, emergency management, and more. Speakers also addressed the future of funding and local government revenues, as well as updates for the American Rescue Plan Act. Legislative Day was nothing short of successful and we are so thankful for the strong FAC community. Thank you to everyone who came to this year’s Legislative Day!
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Project and Expenditure Report Due for Certain Counties on January 31, 2022
The following counties are required to submit a Project and Expenditure Report Treasury by January 31, 2022:
- Counties with populations that exceed 250,000 residents (referred to as Tier 1 recipients by Treasury)
- Counties that received more than $10 million in Recovery Funds with populations below 250,000 residents (referred to as Tier 2 recipients by Treasury)
For more information and details on the Project and Expenditure Report, please visit the Treasury’s User Guide.
To view the Treasury’s Recipient Compliance and Reporting Responsibilities Webpage, click here.
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Local Ordinances Bill Passes Last Senate Committee
On Thursday, the Senate Rules Committee considered CS/SB 280-Local Ordinances by Sen. Hutson relating to local ordinances. The Committee adopted two amendments – the first, added §190.005, F.S., relating to the establishment of a community development districts (CDD), and §190.046, F.S., relating to the termination, contraction or expansion of a CDD, to the list of ordinances to which the bill's provisions will not apply. The second (and primary) amendment further narrowed the scope of the bill and adopted several changes for which FAC and the Florida League of Cities had been advocating. The changes include:
- Removing the enumerated factors a court must consider in determining whether an ordinance is arbitrary or unreasonable. The removal of these factors from the bill restores the application of the common law "rational basis test" (unless a more heightened test applies) to determine whether a local ordinance is arbitrary or unreasonable. In addition, removing these factors eliminated the "substantive" consideration of a business impact estimate in challenges to local ordinances.
- Adding that an appellate court may lift the automatic suspension of a local ordinance when a lower court's decision upholding the validity of a county or municipality ordinance is appealed.
- Adding a "good faith" filing requirement similar to that found in §163.3215(6), F.S.
- Adding a list of local ordinances for which a business impact estimate does not have to be prepared.
- Clarifying that damages cannot be awarded if the local governmental entity, after receiving written notice a proposed ordinance is arbitrary or unreasonable, withdraws the proposed ordinance within 30 days; or in case of an enacted ordinance, publishes notice of intent to repeal the ordinance within 30 days after receiving the written notice and does so within 30 days after publishing the notice of intent.
Eddy Labrador, FAC Legislative Counsel, testified on behalf of FAC in support of the amendment.
The Committee passed the bill on a 14-2 vote. The bill next heads to the Senate's second reading calendar where it will be available for consideration by the full Senate. The House companion, HB 403 - Local Ordinances by Rep. Giallombardo, awaits a hearing in its second committee, House Civil Justice & Property Rights Subcommittee.
The Committee recording may be accessed below:
Senate Rules Committee: Video
Bill Allowing Business Claims Against Local Governments to Advance to Senate Floor
On Thursday, the Senate Appropriations Committee considered SB 620-Local Government by Sen. Hutson, relating to claiming business damages on county ordinances.
The bill authorizes certain businesses to claim business damages from a county or municipality if the county or municipality enacts or amends certain ordinances or charter provisions. A business conducting business in the state for at least 3 years may claim business damages if a county or municipality enacts or amends an ordinance or a charter provision that causes a reduction of at least 15% of the business’ profits, with exceptions. The bill is intended to protect existing businesses from revenues or profits losses due to enacted local ordinances and charter provisions or amendments.
A local government is not liable for business damages caused by:
- ordinances required to comply with state or federal law;
- emergency ordinances, declarations, or orders adopted pursuant to the state Emergency Management Act;
- a temporary emergency ordinance which remains in effect for no more than 90 days; or
- ordinances that “increase economic freedom”, which is not defined in the bill.
SB 620 specifies procedures and methodologies for a business to recover business damages, attorney fees, and costs against a local government. Specifically, businesses must comply with a required 180-day presuit notice and settlement period. A local government must accept, reject, or make a counteroffer within 120 days of receiving the offer. If the business and local government do not agree on an award of fees and costs incurred during the pre-suit period, the business may file an action to recover fees and costs.
Additionally, the bill specifies the methodology for assessing attorney fees against the local government. Specifically, it provides for attorney fees of 33% of any benefit up to $250,000, plus 25% of any portion of the benefit between $250,000 and $1 million; plus 20% of any portion of the benefit exceeding $1 million for those instances where the local government does not accept the first offer of the business or the business does not accept the first counter offer of the local government. The bill applies to enactment or amendment of an ordinance or charter provision on or after July 1, 2022.
An amendment was adopted that limits a county or municipality's liability to seven years of lost profits or an amount equal to the business’ gross receipts for 60 months if the ordinance or charter will cause a total loss of profit. Additionally, it replaces the provision that allotted for business damages to be recovered from a 15% reduction in revenue to only a 15% of profits. It provides for business damages to be calculated on a per location basis, allowing the grandfathering of businesses. It specifies which ordinances and regulations a county or municipality is not liable for in business damages. Lastly, the amendment expresses that a local government can cure by either repealing the ordinance or amending it so as to return the provision that gave rise to the business claim to its form in existence prior to the business claim.
FAC’s Executive Committee spoke in opposition to the bill, including President Elect Lee Constantine, First Vice President Bill Truex, Second Vice President Terry Burroughs, and Immediate Past President Melissa McKinlay. Additionally, Peter D. O’Bryan, Indian River County Commissioner, and Carl Zalak, Marion County Commissioner, spoke in opposition to the bill.
Bob McKee, Deputy Director of Public Policy, also testified in opposition to the bill on behalf of FAC.
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The Committee approved the bill on an 11-7 vote as a committee substitute. The bill will next head to the Senate Floor. The House Companion, HB 569- Business Damages Caused by Local Governments by Rep. McClure is awaiting its second hearing in the House Local Administration & Veteran Affairs Subcommittee.
The Committee recording may be accessed below:
Senate Appropriations Committee: Video
Private Property Rights to Prune, Trim, and Remove Trees Preemption Clears First Committee
On Tuesday, the Senate Community Affairs Committee heard CS/SB 518 - Private Property Rights to Prune, Trim, and Remove Trees by Sen. Brodeur. The bill revises conditions under a local government’s authority to require a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on residential property.
A local government may not require a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on a residential property if the property owner possesses documentation from an arborist certified by the ISA (International Solar Alliance) or a registered landscape architect under part II of chapter 481 that the tree poses an unacceptable risk. A tree poses an unacceptable risk if removal is the only option to mitigate. The bill defines “documentation” as an onsite tree risk assessment performed with the tree risk assessment procedures as outlined in Best Management Practices-Tree Risk Assessment, Second Edition (2017).
An amendment was adopted that changed the title of the bill from “an act relating to residential home protection” to “an act relating to relating to private property rights to prune, trim, and remove trees” and modifies the definitions of “documentation” and “residential property.”
The Committee passed the bill unanimously and heads to the Senate Governmental Oversight and Accountability Committee. The House companion measure, HB 1555 - Private Property Rights to Prune, Trim, and Remove Trees by Rep. McClain, has not been heard.
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Florida Senate Selects Congressional and Senate Map, Now Awaits the Florida House
On Wednesday and Thursday, Sen. Ray Rodrigues presented his two bills to the full Senate:
CS/SB 102-Establishing the Congressional Districts of the State adopts the United States Decennial Census of 2020 as the official census of the state for the purpose of redistricting the state’s congressional districts.
An amendment was adopted by Sen. Jones on CS/SB 102, that strengthened tier two requirements and would benefit the city of Miami Gardens. The Congressional Map adopted by the Florida Senate apportions the state into 28 single-member Congressional districts in the selected Congressional Map with the adopted amendment: S035C8060. The map was approved with a vote of 31-4.
CS/SJR 100- Apportionment apportions the state into 40 single-member State Senate districts. The Senate Map adopted by Florida includes the selected State Senate Map: S027S8058. The map was approved with a vote of 31-4.
The Florida Senate’s approved Congressional plan (S035C8060):
|  | The Florida Senate’s approved Senate plan (S027S8058): | |
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Florida House Subcommittee Considers a Joint Resolution of Apportionment for Florida’s 120 State House Districts
On Friday morning, the House State Legislative Redistricting Subcommittee considered PCB SRS 22-01- Joint Resolution of Apportionment. The Resolution apportions the State in 120 State House districts. The Resolution includes House Map plan: H000H8009. SRS 22-01 passed favorably (13-7).
The proposed House Map in PCB SRS 22-01- Joint Resolution (H000H8009)
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Law Enforcement Officer Benefits Package Moves Forward in the House
HB 3 - Law Enforcement Officer, Benefits, Recruitment, and Training by Rep. Leek passed favorably (13-1) in the Criminal Justice & Public Safety Subcommittee this week. HB 3 provides law enforcement agencies with additional tools to enhance the recruitment and retention of qualified officers by providing financial incentives, enhanced training, and expanded educational opportunities. The bill creates the Florida Law Enforcement Recruitment Bonus Program to provide one-time bonus payments to newly employed law enforcement officers in Florida. It provides benefits to dependent children of law enforcement officers, including several scholarship and reimbursement programs. Law enforcement officers who adopt a child from within the state child welfare system receive a $25,000 benefit for adopting a child with special needs or a $10,000 benefit for adopting a child without special needs.
Additionally, HB 3 increases the base salary for each county sheriff by $5,000. It requires that law enforcement officers receive training in health and wellness principles as part of their initial certification training and continued employment training. Lastly, the bill designates May 1 of each year as “Law Enforcement Appreciation Day.” The Senate Companion has not been filed.
Legislation Clarifying Evidentiary Standards During a Declared Emergency Clears Both Chambers
HB 411- Evidentiary Standards for Actions Arising During an Emergency by Rep. Melo passed unanimously (18-0) in the Pandemics & Public Emergencies Committee, and now moves to the Judiciary Committee. The companion bill, SB 542- Evidentiary Standards for Actions Arising During an Emergency by Sen. Ana Rodriguez (15-0) passed unanimously in its last committee, Rules, this week. The bills provide that specified actions taken by a business during a declared emergency may not be used as evidence in certain civil cause of action, to recover lost wages, salary, employment benefits, or other compensation. An individual shall not be properly classified as an employee, in this case. Additionally, the bills provide financial assistance to previously engaged individuals unable to work due to health and safety concerns. The bills provide benefits that are related to the health and safety of engaged individuals, including medical, Personal Protective Equipment, and health testing. Lastly, they afford training related to the health and safety of engaged individuals or the public.
Legislation Extending Liability Protections for Health Care Providers Progresses in the Senate
SB 7014- COVID-19-related Claims Against Health Care Providers by Judiciary was read for the final time this Wednesday. The bill was passed favorably (22-13) and now moves to the House. SB 7014 extends the timeframe of COVID-19-related claims brought against health care providers from March 29, 2022, to June 1, 2023. HB 7021 - Covid-19-related Claims Against Health Care Providers by Health & Human Services Committee awaits its final Subcommittee, Judiciary.
Legislation to Improve Substance Abuse Providers Continues with Support in the Senate
SB 704- Substance Abuse Service Providers by Sen. Harrell passed unanimously (7-0) in the Community Affairs Committee on Tuesday afternoon. The bill requires service provider applicants to include names and locations of recovery residences in license applications. Additionally, service providers must provide the Department of Children and Families with a record of recovery residences by 7/1/22. Certified recovery residence administrators must demonstrate the ability to meet the needs of residents. The bill prohibits administrators from actively managing more than 50 residents unless written justification is provided to and approved by the credentialing entity. Lastly, service providers are required to return an individual's personal effects upon discharge, even if discharge is against medical advice. The House Companion, HB 479-Substance Abuse Service Providers by Rep. Caruso, was heard last week and passed unanimously (15-0) in the Children, Families, & Seniors Subcommittee.
Tax Exemptions for Affordable Housing Move Forward in the Senate
CS/SB 1150- Tax Exemption for Affordable Housing by Sen. Ana Rodriguez unanimously passed (7-0) in the Community Affairs Committee on Tuesday. CS/SB 1150 provides that a county or municipality may adopt an ordinance to grant a partial ad valorem tax exemption for property used to provide affordable housing in a multifamily project with at least 50 dwelling units on the basis of it serving a charitable purpose. The bill limits the exemption value to 75 percent of the assessed value for each dwelling unit used for affordable housing where at least 10 percent of the multifamily project’s total units are used for providing affordable housing. Up to 100 percent of the assessed value of the property may be exempt where 100 percent of the multifamily project’s total units are used for providing affordable housing. The bill details certain requirements for the ordinance authorizing such an exemption as well as administration of the exemption. The House Companion, HB 495 - Tax Exemption for Affordable Housing by Rep. Rodriguez, has not been heard.
Bills Permitting Religious Services During Emergencies Pass in Both Chambers
CS/HB 215- Emergency Orders Prohibiting Religious Services or Activities by Rep. DiCeglie passed favorably (14-3) in the Pandemics & Public Emergencies Subcommittee. The bill creates the State Emergency Management Act, which gives the Governor, the Division of Emergency Management, and counties and municipalities the authority to issue emergency orders during states of emergency and provides for the duration of such orders. The bill provides that no emergency order may directly or indirectly prohibit religious institutions from conducting regular religious services or activities. The bill provides an exception for a general provision in an emergency order that applies uniformly to all entities in the affected jurisdiction. A general provision in an emergency order that also applies to religious institutions must be in the furtherance of a compelling government interest and be the least restrictive means for furthering that interest. The Senate Companion, SB 254-Religious Institutions by Sen. Brodeur, passed favorably (14-2) last week in the Rules Committee.
Fire Investigator Cancer Treatment Benefits Receives Unanimous Approval in Chambers
HB 557- Fire Investigator Cancer Treatment Benefits by Rep. Salzman passed unanimously (17-0) in the Insurance and Banking Committee Wednesday afternoon. The bill amends the definition of “firefighter” to include Florida-certified fire investigators, making fire investigators eligible for the special benefit package. The special benefit package provides that firefighters who are diagnosed with certain types of cancer are eligible for a $25,000 payment and employer-sponsored health insurance, including repayment for any deductible, co-payment, or co-insurance amount the firefighter pays for the treatment of cancer. The firefighter must meet certain requirements. Twenty-one types of cancer are covered, and employment-sponsored health benefits must be made available for 10 years after the firefighter terminates employment, so long as the firefighter is not subsequently reemployed as a firefighter. If a firefighter becomes disabled or dies due to cancer, the employer must consider the cancer diagnosis as an injury or illness incurred in the line of duty. This makes the firefighter eligible for line-of-duty disability retirement benefits and makes surviving family members eligible for line-of-duty death benefits. The companion bill, SB 838 - Fire Investigators by Sen. Wright, also passed unanimously (7-0) in Community Affairs this week.
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Legislation to Resolve Construction Defect Claims Unanimously Passes in the House
CS/HB 583 – Construction Defect Claims by Rep. Yarborough passed unanimously (16-0) in the Civil Justice and Property Rights Subcommittee. The Subcommittee adopted a substitute which repeals chapter 558, F.S., so that a property owner with a construction defect claim may sue on the claim without the need to first comply with chapter 558’s current alternative dispute resolution process. Further, a design professional would no longer benefit from chapter 558’s construction defect liability limitation for design professionals employed by a business entity. However, parties to a construction contract retain the ability to negotiate a mandatory alternative dispute resolution process as part of the contract’s terms, and liability limitations of the type contemplated in chapter 558 presumably remain negotiable under any employment contract.
The Senate Companion, SB 736- Construction Defect Claims by Sen. Hutson, passed favorably (6-4) last week and awaits a final hearing in the Rules Committee.
New Provisions for School Concurrency Advance in the House
CS/HB 851 – School Concurrency by Rep. McClain unanimously passed (15-0) its first Subcommittee, Local Administration and Veterans Affairs on Wednesday. The bill 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. The Committee adopted an amendment that provides that school concurrency is satisfied if the developer tenders a written, legally binding commitment to provide proportionate-share mitigation, and requires a local government to issue a final decision on the tendered commitment within 60 days, or else the tendered commitment is deemed approved. The bill now moves to the Education & Employment Committee. The Companion bill, SB 706 - School Concurrency by Sen. Perry, has not been heard.
Mobile Home Bills Move Swiftly Through the House and Senate
HB 223 - Mobile Home Registration Period by Rep. Maney unanimously passed (19-0) in the Commerce Committee on Wednesday. The bill revises the registration period for mobile homes owned by natural persons to match the registration period for most other motor vehicles. This new registration period will run from the first day of the owner’s birth month through the last day of the month immediately preceding the owner’s birth month in the succeeding year. For mobile homes not owned by a natural person (i.e., registered to a business), the registration period remains January 1 through December 31, with the renewal period the 31-day period before expiration. In order to implement the change in registration periods, the bill requires DHSMV to give customers the option to renew their registrations on their dates of birth in 2024 or 2025. The bill will have an insignificant negative fiscal impact on interest earned by state and local governments due to the change in timing of mobile home registration revenues. DSHMV will also incur programming costs associated with the change in registration periods, but these costs can be absorbed using existing resources. SB 754 - Mobile Home Registration Periods by the Senate Transportation Committee, also passed unanimously (7-0) on Tuesday.
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Bills to Promote Agritourism Pass Unanimously in Both Chambers
HB 717- Agritourism by Rep. Tomkow passed favorably (13-0) in the House Environment, Agriculture, & Flooding Committee. The bill revises legislative intent regarding the promotion of agritourism by removing the term “secondary” to classify streams of revenue and thereby allowing for the agritourism use to be the primary stream of revenue. Additionally, it prohibits denial or revocation of a property's agricultural classification based on the conduct of agritourism activity on a bona fide farm. The bill specifies the criteria for land to be considered agricultural in nature, which shall be assessed by a property appraiser. The Senate companion, SB 1186- Agritourism by Sen. Albritton, passed favorably (7-0) on Wednesday. The bill moves to its second committee, House Ways & Means Committee.
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Seagrass Mitigation Efforts Move Forward in the Senate and Wade in the House
CS/SB 198- Seagrass Mitigation Banks by Sen. Ana Rodriguez nearly passed (3-2) in the Senate Environment and Natural Resources Committee. The bill provides that the Board of Trustees of the Internal Improvement Trust Fund may grant easements on sovereignty submerged lands (SSLs) for mitigation banks that are permitted under, and meet the public interest criteria in, state law. An amendment was adopted, directing DEP to adopt and modify rules to ensure that required financial assurances are equivalent and sufficient to provide for the long-term management of mitigation. The bill also revises existing law to require only a one-time registration of certain floating vessel platforms to ensure compliance with listed exemption criteria or with local electrical or plumbing codes that are no more stringent than the exemption criteria. The House companion, HB 349 – Water Resources Management by Rep. Overdorf, was last heard in December in the Agriculture & Natural Resources Appropriations Committee.
Electric Vehicle Legislation Zooms Forward in the Senate
SB 920– Electric Vehicle Transportation Electrification Plan by Sen. Perry passed favorably (7-1) in its second committee, Regulated Industries. SB 920 creates s. 366.945, F.S., relating to an electric vehicle (EV) transportation electrification plan. The bill directs the Public Service Commission (PSC) to adopt rules for the plan, to facilitate the deployment of EV charging infrastructure in a competitively neutral manner, including reasonable and affordable electric rates for investor-owned electric utilities that offer EV charging to the public. The bill allows any entity providing EV charging stations to the public to intervene in any PSC proceeding involving IOU rates, terms, or conditions. Under the bill, IOUs may provide EV charging stations directly to the public through a separate, unregulated entity on the same terms and conditions as other EV charging station providers. HB 737- Electric Vehicle Transportation Electrification Plan by Rep. Borrero, has not been heard.
Land Acquisition Trust Fund Support for Heartland Headwaters Passes First Senate Committee
SB 1400- Land Acquisition Trust Fund by Sen. Burgess unanimously passed (5-0) in the Senate Environment and Natural Resources Committee. SB 1400 amends s. 375.041, F.S., regarding the Land Acquisition Trust Fund, to provide an annual appropriation in the amount of $20 million to the Department of Environmental Protection (DEP) to implement the Heartland Headwaters Protection and Sustainability Act (Act). The funds must be used to enter into financial assistance agreements and distributed in accordance with the projects identified in the heartland headwaters annual report submitted to the Legislature to finance the cost of designing or constructing projects that protect, restore, or enhance the headwaters of the river systems located in the Heartland Region of Central Florida. The distribution must be reduced by an amount equal to the debt service paid on bonds issued after July 1, 2022, for these purposes. The bill also contains legislative findings regarding the enactment and purposes of the Act, findings from the Central Florida Water Initiative and its Regional Water Supply Plan, and the need for consistent funding support to implement the Act. The House companion, HB 603- Land Acquisition Trust Fund by Rep. Bell, has not been heard.
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Sovereign Immunity Bill moves in House Committee
On Wednesday, the House Civil Justice and Property Rights Subcommittee heard CS/HB 985- Sovereign Immunity by Rep. Beltran, relating to sovereign immunity. The bill waives sovereign immunity for tort claims brought against the state, its agencies, or subdivisions, by increasing the per person limit amount from $200,000 to $1 million and eliminating the current per incident limit of $300,000. The bill requires a final judgment exceeding $1 million per person to be reported to the Legislature.
The bill prohibits an insurance policy from conditioning the payment of benefits on the Legislature's enactment of a claim bill. The bill is retroactive. Specifically, in determining liability limits for a claim, the bill mandates that the limitations of liability in effect on the date the final judgment is entered will apply.
The bill authorizes the Department of Financial Services to annually adjust the $1 million cap beginning July 1, 2023, to reflect the changes in the Consumer Price Index for the Southeast or a successor index as calculated by the U.S. Department of Labor. Additionally, the bill eliminates the statute of limitations for filing sexual battery actions against the state, its agencies or subdivisions, if the victim was younger than age 16 at the time of the sexual battery. A victim meeting these requirements may present his or her claim in writing at any time and commence an action at any time.
The Subcommittee adopted an amendment by Rep. Beltran that reduces the time from 6 months to 3 months, a government entity has to finally resolve of a claim once presented. The Subcommittee passed the bill on a (16-1) vote as a committee substitute. It now goes to the House Appropriations Committee. The Senate companion, SB 974 - Sovereign Immunity by Sen. Gruters, has not been heard.
Bill to Protect County Attorneys' Personal Identifying Information Moves in Senate
On Tuesday, the Senate Judiciary Committee took up SB 1420- Public Records/County and City Attorneys by Sen. Burgess, which seeks to protect the personal identifying information of current and former county attorneys, assistant county attorneys, city attorneys, and assistant city attorneys through a public records exemption. The bill provides an exemption from disclosure as public records under Article I, §24, of the State Constitution and the state's Public Records Act for the following personal information of current and former county attorneys, assistant county attorneys, city attorneys, and assistant city attorneys:
- Home addresses, telephone numbers, places of employment, dates of birth, and photographs;
- Names, home addresses, telephone numbers, places of employment, dates of birth, and photographs of their spouses and children; and
- Names and locations of schools and day care facilities attended by their children.
However, the public records exemption does not apply to any current and former county attorney, assistant county attorney, city attorney, and assistant city attorney who qualifies for election to public office. As required by the State Constitution, the bill includes a statement of public necessity for the exemption. The exemption is subject to review under the Open Government Sunset Review Act and the exemption is repealed effective October 2, 2024, unless reviewed and reenacted by the Legislature prior to that date.
The Committee passed the bill unanimously (8-0). The bill next heads to the Senate Community Affairs Committee. The House companion measure, HB 1213- Pub.Rec./Current or Former County and City Attorneys by Rep. Arrington, awaits its first hearing before the House Civil Justice and Property Rights Subcommittee.
Bill Requiring Referendum Elections on Certain Optional Local Taxes
SB 1194 - Local Tax Referenda Requirements by Sen. Boyd was heard in Senate Community Affairs. The bill requires referendum elections to be held at a general election for the following taxes:
- Tourist development tax
- Areas of critical state concerning tourist impact tax
- Children’s services independent special district tax
- County temporary excess ad valorem millage
- Municipal temporary excess ad valorem millage
- County transportation motor fuel tax
- Local option fuel taxes
- School district millages
- Other local government voted millage
The bill passed unanimously and heads to Senate Finance & Tax. The House companion, CS/HB 777 - Local Tax Referenda Requirements by Rep. Robinson (W), will be heard Monday, January 24th at 1PM in House Ways & Means.
Bill Requiring Local Officers to Disclose Finances Advances in Both Chambers
CS/HB 301- Financial Disclosures for Elected Local Officers by Rep. Roach was heard in its first committee stop, House Public Integrity & Elections and CS/SB 510- Financial Disclosures for Elected Local Officers by Sen. Brodeur was heard in Senate Community Affairs.
The bill requires the following local officers to file full and public disclosure of financial interests (pursuant to s.8, Art. II of the Florida Constitution) beginning with the 2022 filing year:
- Mayors.
- City Commissioners.
- Elected members of city council; town council, village council; or other governing body of a city, town or village.
- City, county, town, or village managers.
Additionally, the bill conforms the definition of “local officers” in s. 112.3145, F.S., to remove such elected officers from the requirement to file a statement of financial interests and clients represented before agencies; and removes the positions of mayor, county, or city managers from the definition.
Two amendments were adopted on HB 301:
- Clarified that local officers who will file Form 6 beginning in 2023 will continue to certify on their financial disclosure their receipt of required ethics training.
- Fixed the effective date of Section 2 of the bill as January 1, 2023.
- Revised Section 4 to make the general effective date of the bill to be upon becoming law.
Both HB 301 and SB 510 passed unanimously and will head to House Local Administration & Veterans Affairs Subcommittee and Senate Rules.
Legislation Revising Ad Valorem Tax Exemption Clears House Committee
HB 401- Ad Valorem Tax Exemption for Affordable Housing and Nonprofit Homes by Rep. Smith (D) was heard on Wednesday in House Local Administration & Veterans Affairs. HB 401 revises eligibility for the ad valorem tax exemption for property used as a home for the aged by nonprofit corporations to include property owned by a Florida limited partnership where an entity wholly owned by a corporation not-for-profit under Ch. 617, F.S., is the sole general partner. The bill passed unanimously (16-0) and moves to House Ways & Means. The Senate companion, SB 362- Ad Valorem Tax Exemption for Nonprofit Homes for the Aged by Sen. Rodriguez (A), has not been heard.
Bill Extending Repeal Date of VISIT FLORIDA Advances in House Committee
HB 489- Tourism Marketing by Rep. Chaney was heard on Tuesday in House Tourism, Infrastructure, & Energy. The bill delays the scheduled repeal of provisions governing the Florida Tourism Industry Marketing Corporation (VISIT FLORIDA) and the Division of Tourism Marketing of Enterprise Florida from October 1, 2023, to October 1, 2028. HB 489 passed unanimously (17-0) and moves to House Tourism, Infrastructure, and Energy Subcommittee. The Senate companion, SB 434- Florida Tourism Marketing by Sen. Hooper, is in its last committee stop, Senate Appropriations.
Legislation Limiting the Subjects of Constitutional Amendments Proposed by Citizen Initiative Moves Through the House
HJR 1127- Limiting Subject of Constitutional Amendments Proposed by Citizen Initiative by Rep. Beltran in House Public Integrity & Elections Committee. HJR 1127 proposes an amendment to Section 3 of Article XI of State Constitution. The resolution limits revisions or amendments of the State Constitution by citizen initiative to matters relating to procedural subjects or to the structure of government or of State Constitution. The resolution passed favorably (11-5) and heads to House Judiciary. The Senate companion resolution, SJR- 1412 Revisions or Amendments of the State Constitution by Citizen Initiative by Brodeur, has not been heard.
Emergency Funds for the Governor Gain Approval and House Companions
SB 96- Emergency Preparedness and Response Fund by Sen. Burgess was passed favorably by the Senate (31-4) and now heads to the House. The bill authorizes the Legislative Budget Commission to convene to transfer or appropriate certain funds to the Emergency Preparedness and Response Fund. Additionally, the bill authorizes the Governor to transfer and expend money from the Emergency Preparedness and Response Fund. The Governor may request that additional funds be transferred or appropriated to the Emergency Preparedness and Response Fund as a budget amendment, subject to approval by the Legislative Budget Commission. An amendment was adopted to reduce the available emergency funds from $1 billion to $500 million.
SB 98- Emergency Preparedness and Response Fund by Sen. Burgess passed favorably by the Senate (34-1) on Wednesday. The bill creates the Emergency Preparedness and Response Fund within the Executive Office of the Governor, providing for the deposit, use of funds, and termination of the fund.
PPE1- Emergency Preparedness and Response Fund passed favorably (12-6) in the House Pandemics & Public Emergencies Committee Wednesday morning. PPE1 authorizes the Legislative Budget Commission to convene to transfer or appropriate certain funds to the Emergency Preparedness and Response Fund. The Committee Bill was filed as HB 7025.
PPE2- Emergency Preparedness and Response Fund passed favorably (10-6) in the House Pandemics & Public Emergencies Committee Wednesday morning. PPE2 creates the Emergency Preparedness and Response Fund within the Executive Office of the Governor, providing for the deposit, use of funds, and termination of the fund. Committee Bill was filed as HB 7023.
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Resilient Florida
Resiliency has become a primary focus for Florida’s leaders as they confront the challenges of statewide flooding and sea-level rise. Last year, the Legislature passed SB 1954/HB 7019, formally known as the Resilience Act. The Act created the Resilient Florida Grant Program within the Florida Department of Environmental Protection (DEP), allowing counties and municipalities to apply for grants to address environmental issues.
Governor DeSantis, in partnership with DEP, has released a three-year Flooding and Sea Level Rise Resilience Plan, allocating over $270 million to 76 projects in the state. Approximately 29.38% of the funds were allocated to county resilient projects, while 45.38% were apportioned to municipalities, 18.21% to the St. Johns River Water Management District, and 7.02% to miscellaneous projects.
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This 14% increase from 2020 to 2021 can be attributed to several critical issues, including but not limited to aging prisons, limited funding, and employee attrition and turnover rates. According to testimony from the Deputy Secretary of the Department of Corrections, Ricky Dixon, the pandemic has exacerbated these issues, forcing most officers to work 13.5-hour shifts with extended times of “unmanned critical posts,” in which officers are left to supervise inmates alone or with minimal support.
Since 2014, the state has increased overtime spending for officers to approximately $68.2 million to accommodate the need for inmate supervision.
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