Welcome Back! Florida Legislature Begins the 2022 Legislative Session

Welcome to the beginning of the 2022 Legislative Session! A cold morning in Tallahassee marked the opening day of Session with Speaker Sprowls, President Simpson, and Governor Desantis addressing their top priorities including cybersecurity infrastructure upgrades, healthcare management and savings, and an increase in salaries for state employees. 



Governor Ron Desantis addressed the Legislature highlighting the achievements of this past year including, growth in employment, advancements in education, and a growing commitment to the state’s first responders and educators.  Among this year’s top priorities of the Governor are a continued increase in salaries for teachers and law enforcement officers, sustained dedication to environmental restoration, enhanced immigration restrictions, and strengthened election transparency with the creation of an election police office. Week one started out busy and packed with several preemption, environmental, and financial bills for the Legislature to hear.  

Find the Latest Updates this Session on FAC’s Policy Action Center

Coming Soon! To stay up to date this Session, follow our Bill Tracker and Preemption Tracker updated weekly on FAC’s website under “Advocacy”. To follow along with our legislative priorities of the week, our Legislative Bulletin and podcast, FAC-ish, will be released on Fridays.

You Won’t Want to Miss: FAC’s Legislative Day & Innovation Day Next Week, January 19 & 20 

Next week is FAC’s Legislative & Innovation Day on January 19th and 20th ! With the Legislature back in session, Legislative Day is the perfect opportunity to show legislators the importance of protecting and preserving home rule as preemptions continue to be filed. Join fellow commissioners in Tallahassee next week to share with your local delegations the negative impacts SB 620 would have on your county and community. 

For Legislative Day ONLY, Wednesday, January 19th 

ON-SITE REGISTRATION: It’s not too late to register for Legislative Day! Pre-registration is closed but you can register on-site at the Marriott AC Hotel (801 S. Gadsden Street) on Wednesday, January 19th. The FAC registration desk will open at 8:00 am. 

Treasury Final Rule Updates for ARPA State and Local Fiscal Recovery Funds (SLFRF) 

On January 6, 2022, U.S. Treasury released the Final Rule for the State and Local Fiscal Recovery Funds (SLFRF) program. The Final Rule provides additional clarity and flexibility, which includes an expanded list of uses to respond to COVID-19 and its economic impacts, expanded support for the public sector hiring and capacity, streamlined options to provide premium pay for essential workers, and broadened eligible water, sewer, and broadband infrastructure projects. The Final Rule also provides for a standard allowance of $10 million or the amount of funds received (whichever is less) to be treated as revenue loss replacement and used for government services without regard to the previous revenue loss calculation. The Final Rule will take effect on April 1, 2022. 

To view the Final Rule, click here.

To view the Overview of the Final Rule, click here.

To view NACo’s Overview of the Final Rule, click here.

To view the Statement Regarding Compliance with the Coronavirus State and Local Fiscal Recovery Funds Interim Final Rule and Final Rule, click here.

American Rescue Plan/SLFRF Resources 

To view more on the Coronavirus State and Local Fiscal Recovery Funds Final Rule, visit the U.S. Department of Treasury’s website.

To view NACo’s hub on State and Local Coronavirus Fiscal Recovery Funds, click here.

To view FAC’s American Rescue Plan Resource Page, click here.

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 Treasury’s User Guide. 

View the Treasury’s Recipient Compliance and Reporting Responsibilities Webpage.

Legislation Requiring Business Impact Statements for Local Ordinances Clears First Senate Committee 

SB 280- Local Ordinances by Sen. Hutson was heard on Wednesday morning in Senate Community Affairs.  As filed, the bill authorized courts to award reasonable attorney's fees, costs, and damages, when a local ordinance is successfully challenged on the grounds its arbitrary, unreasonable or impliedly preempted by State Constitution or state law.   

The bill further requires local governments to prepare a business impact statement prior to enacting the ordinance and post the statement on its website the same day notice of the proposed ordinance enactment is published. The business impact statement is required to include specific information concerning the proposed ordinance's impact to businesses within and outside the local government's jurisdiction.  Finally, the bill requires the suspension of a challenged ordinance enforcement if three specified conditions are met (including through any appeal); requires the courts to expedite any case in which the enforcement of the ordinance has been suspended, specifies a non-exhaustive list of factors a court must consider when determining the validity of a challenged ordinance, and exempts growth management, building code, and fire code related ordinances from challenges.  

Prior to approving the bill, the Committee took up and adopted a strike-all amendment which included several changes put forward by the Florida Association of Counties and the Florida League of Cities.   

These changes included: 

• With regards to attorney fees, the amendment removed a provision applying the bill to ordinances challenged as “otherwise prohibited by law” (i.e., implied preemptions); 
• Added a provision prohibiting double recovery; 
• A cap of $50,000 on the award of reasonable attorney fees or costs, and damages; and prohibits the prevailing party from recovering any attorney fees or costs incurred or associated with the litigation to determine the award of attorney fees or costs. 
• Applies the new provisions in the bill to ordinances adopted after Oct 1, 2022, rather than cases “commenced” on or after Oct 1, 2022. 
• With regards to the Business Impact Statement, bill renamed the statement the "Business Impact Estimate," and altered the contents the estimate must address.  In addition, the amendment added a provides clarifying that a local government is not required to hire an accountant or other consultant to prepare the business impact statement.  
• With regards to the stay and priority docketing, the amendment removed a provision applying the bill to ordinances challenged “as otherwise prohibited by law" (i.e., implied preemptions). The amendment requires a lawsuit challenging an ordinance on express preemption grounds or because its arbitrary or unreasonable, and a request for the ordinance's suspension, to be filed within 90 days of the adoption date of the ordinance (instead of 20 days from its effective date). 
• Finally, the amendment adds several types of ordinances which are excepted from the bill's provision, including ordinances related to budgets, financial obligations, ordinances necessary to implement federal, state, local, or private grants, and ordinances required to comply with federal or state law. 

Eddy Labrador, FAC Legislative Cousel, testified on behalf of FAC and identified issues that remain in the legislation. 

The Committee approved the bill on a 6-2 vote as a committee substitute and rereferenced to only the Rules committee and will be heard Thursday, January 20th at 9:30 AM. 

The House companion, HB 403- Local Ordinances by Rep. Giallombardo, awaits a hearing in its next committee, House Civil Justice & Property Rights Subcommittee. 

The Committee recording may be accessed below:  

Senate Community Affairs: Video 

Bill Allowing Business Claims Against Local Governments Passes First House Committee  

HB 569- Business Damages Caused by Local Governments by Rep. McClure was heard for the first time in House Civil Justice & Property Rights Subcommittee on Thursday.  

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’ revenue or profit, 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 569 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 revised the requirement to be able to claim business damages to a 15% loss of revenue.  A business no longer can base a claim on a loss of revenues.  The amendment also added to the list of ordinances to which the right to claim business damages do not apply and clarified that the business had to be lawfully conducting business in this state for the three years immediately preceding the enactment or amendment of an ordinance or charter provision.   

Bob McKee, Deputy Director of Public Policy, testified in opposition to the bill on behalf of FAC. 



The Committee approved the bill on a 12-5 vote as a committee substitute.  The bill next goes to the House Local Administration & Veterans Affairs Subcommittee.  

The Senate companion, SB 620-Local Government by Sen. Hutson, is on the agenda to be heard in Senate Appropriations on Thursday, January 20th at 11:30 AM.  

The Committee recording may be accessed below:  

House Civil Justice & Property Rights Subcommittee: Video 

Pet Regulation Bill Advances in Senate Chambers 

CS/SB 994- Pet Protection by Sen. Diaz passed favorably (5-2) in the Regulated Industries Subcommittee on Tuesday. The bill creates the "Florida Pet Protection Act", requiring the licensure of retail pet stores and limiting the sources from which retail pet stores may acquire household pets. SB 994 requires the Department of Business and Professional Regulation to conduct periodic inspections of retail pet stores and to audit sales records. The department is required to deny a retail pet store license if they do not abide by specific standards including where animals may be acquired and how old they must be at sale. There are also standards for treatment of animals in the pet store, including cleaning and veterinary check-ups.  However, a county or municipality may adopt an ordinance or a regulation on or after 7/1/22, which regulates, but does not prohibit, the operation of retail pet stores or the breeding, purchase, or sale of household pets. FAC opposed the bill. 

The linked bill, CS/SB 996- Fees/Pet Store License by Sen. Diaz was also passed favorably (6-1) in the Regulated Industries Subcommittee. The bill requires an initial or renewal pet store license application to be accompanied by a specified nonrefundable license fee, that shall not exceed $25 per licensed location. An amendment was adopted to require that the collected fees be deposited into the Department of Business and Professional Regulation’s Professional Regulation Trust Fund. Both bills are set to move forward to the Community Affairs Committee. The companion bills have yet to be heard in the House.  

Vacation Rental Bill Passes First Senate Committee 

The Senate Regulatory Industries Committee considered and unanimously passed SB 512- Vacation Rentals by Sen. Burgess, relating to vacation rentals.   The bill preempts the licensing of vacation rentals to the state.  In addition, the Division of Hotels and Restaurants (division) of the Department of Business and Professional Regulation (DBPR) may issue temporary licenses to permit the operation of the vacation rental while the license application is pending. The bill also authorizes the division to revoke or suspend state vacation rental licenses for violations of local registration requirements and violations of community association property restrictions. 

The bill preempts the licensing of vacation rentals to the state. In addition, the Division of Hotels and Restaurants (division) of the Department of Business and Professional Regulation (DBPR) may issue temporary licenses to permit the operation of the vacation rental while the license application is pending. The bill also authorizes the division to revoke or suspend state vacation rental licenses for violations of local registration requirements and violations of community association property restrictions.

Local laws, ordinances, or regulations adopted on or before June 1, 2011 ("grandfathered" regulations), may be amended to be less restrictive or to comply with local registration requirements. Vacation rental ordinances in jurisdictions located in an area of critical state concern are not affected by the bill. 

Local governments may require vacation rentals to register with a vacation rental registration program and may charge a fee not to exceed $50 to process a registration application.  Local governments may adopt a registration program and may also impose a fine for failure to register a vacation rental.  If there is a change of ownership, the new vacation rental owner may be required to submit a new registration application.   

As a condition of registration, a program may only require a vacation rental operator to:  

• Submit identifying information about the vacation rental owner or the owner's agent, and the subject vacation rental property; 
• Obtain a vacation rental license from the division within 60 days after registration; 
• Obtain required tax registrations, receipts or certificates issued by the Department of Revenue, a county or a municipality; 
• Update the required information on a continuing basis; 
• Comply with all adopted parking and garbage requirements, so long as those standards are not imposed solely on vacation rentals; 
• Designate and maintain a responsible person capable of responding to complaints and other problems concerning the vacation rental, including being available by telephone at a listed number; and  
• Pay all recorded municipal or county code liens against the property.  A local government may withdraw its acceptance of a registration on the basis of an unsatisfied recorded municipal or county code lien. 

The bill specifies requirements for processing vacation rental registration applications.  If an application is not processed within the timeframes prescribed in the bill, the application is deemed accepted.  In addition, a local government may terminate a local registration for violations of local registration requirements that do not apply solely to vacation rentals, and when the premises and its owner are subject to a final order or judgment that directs the termination of the premises' use as a vacation rental. 

The bill preempts the regulation of advertising platforms to the state. An "advertising platform" is defined as a person who electronically advertises a vacation rental to rent for transient occupancy, maintains a marketplace, and a reservation or payment system.  

The bill requires the owner or operator of a vacation rental offered for transient occupancy through an advertising platform to include the property’s vacation rental license number issued by the DBPR and the local registration number on the vacation rental’s advertisement, and attest that, to the best of their knowledge, those numbers are current, valid, and accurate. The vacation rental property owner or operator must display this tax and licensure information inside the vacation rental property.  

The bill requires an advertising platform to display the vacation rental license number and the local registration number of each property that advertises on its platform. The advertising platform must verify the validity of the vacation rental’s license number before it publishes the advertisement and must perform ongoing checks every calendar quarter thereafter. To facilitate this verification, the division must maintain vacation rental license information in a readily accessible electronic format by July 1, 2023. The advertising platform must remove from public view any advertisement or listing that fails to display a valid vacation rental license number.  

Advertising platforms are required by the bill to collect and remit any taxes imposed under chapters 125, 205, and 212, F.S., that result from payment for the rental of a vacation rental property on its platform. The bill allows platforms to exclude service fees from the taxable amount if the platforms do not own, operate, or manage the vacation rental. It allows the division to take enforcement action for noncompliance.  

Additionally, the bill:  

• Authorizes the division to fine an advertising platform an amount not to exceed $1,000 for a violation of the provisions in the bill or rules of the division;  
• Requires advertising platforms to adopt anti-discrimination policies and to inform users of the public lodging discrimination prohibition found in section 509.092, Florida Statutes;  
• Provides that the advertising platform requirements in the bill do not create a private right of action against advertising platforms;  
• Allows the Department of Revenue to adopt emergency rules for six months which may be renewed until permanent rules are adopted;  
• Provides that its terms do not supersede any current or future declaration or covenant for condominium, cooperative, or homeowners’ associations; and  
• Requires a sexual offender or predator to register at the local sheriff’s office no later than 5:00 p.m., 24 hours after establishing a temporary residence in a vacation rental.  

The bill takes effect upon becoming a law. However, the provisions relating to the regulation of advertising platforms take effect January 1, 2023.  The bill now heads to Senate Community Affairs. The House companion, HB 325- Vacation Rentals by Rep. Fischer, has not been heard.  

Senate Committee Selects Maps & House Workshop Maps Continue to Narrow Down  

On Monday, the Senate Select Subcommittee on Congressional Reapportionment and Senate Select Subcommittee on Legislative Reapportionment again presented drafts of the Redistricting Plans of Congressional maps and State Senate maps created by Committee staff.   

In the Senate Select Subcommittee on Congressional Reapportionment, Committee staff discussed four additional maps, as well as an additional map submitted by Sen. Rouson: 

• S000C8036 
• S000C8038  
• S000C8040 
• S000C8042 
• S019C8052 (Sen. Rouson’s map is identical to C8042 but includes changes in Districts 12-15 in the Tampa region) 

So far, the Subcommittee has reviewed a total of 13 plans. At the conclusion of the meeting, the Subcommittee recommended two draft maps to the chamber’s full Senate Reapportionment Committee S000C8038 and S000C8040.  

To view the committee review and data of each map see below: 

Senate Select Subcommittee on Congressional Reapportionment: Meeting Packet, Video  

In the Senate Select Subcommittee on Legislative Reapportionment, Committee staff discussed four additional maps: 

• S000S8044  
• S000S8046  
• S000S8048  
• S000S8050 

So far, the Subcommittee has reviewed a total of 12 plans. At the conclusion of the meeting, the Subcommittee recommended two draft maps to the chamber’s full Senate Reapportionment Committee S000S8046 and S000S8050. 

To view the committee review and data of each map see below:  

Senate Select Subcommittee on Legislative Reapportionment: Meeting Packet, Video  

Chair Rodrigues Selects Congressional Map and State Senate Map & Senate District Numbers Selected at Random  

On Thursday afternoon, the Senate Reapportionment Committee met to review the maps selected by the Senate Subcommittees on Monday. The Committee Chair, Sen. Ray Rodrigues presented two bills to the full Committee, SJR 100- Apportionment and SB 102- Establishing the Congressional Districts of the State. Sen. Rodrigues filed amendments to SJR 100 and SB 102. The substance of the amendments include the Congressional Map: S000C8040 and the State Senate Map: S000S8046. 

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. The bill apportions the state into 28 single-member Congressional districts in the selected Congressional Map: S000C8040. The bill passed favorably (10-2).  

CS/SJR 100- Apportionment apportions the state into 40 single-member State Senate districts and 120 single-member State House districts. The amendment includes the selected State Senate Map: S000S8046. The joint resolution passed favorable (10-2).  

Lastly, through a random process, Senate districts were randomly drawn via cards to be odd or even districts. Due to reapportionment, all Senate districts are up for election in 2022.  To maintain staggered terms, odd numbered Senate districts will have elections in 2022 and 2024, while even numbered districts will have elections in 2022 and 2026. 

The districts on the current draft map will be revised to have odd numbers and will be elected in 2022 to two-year terms:  

Districts 1, 3, 6, 7, 8, 10, 11, 12, 13, 15, 16, 17, 20, 25, 26, 27, 29, 32, 36 and 38. 

The districts on the current draft map will be revised to have even numbers and will be elected in 2022 to four-year terms:  

Districts 2, 4, 5, 9, 14, 18, 19, 21, 22, 23, 24, 28, 30, 31, 33, 34, 35, 37, 39 and 40. 

Chair Rodrigues concluded the meeting with gratitude to all the Senate committee members and staff over the past few months. The full Senate could expect a vote on the maps as early as next week.  

To view the committee review and data of each map see below: 

Senate Reapportionment Committee: Meeting Packet, Video 

On Tuesday, the House Congressional Redistricting Subcommittee and House State Legislative Redistricting Subcommittee also met and heard public testimony. In the House State Legislative Redistricting Subcommittee, Commissioner Kathy Bryant represented Marion County and urged the Committee to pay close attention to HD 20 and HD 27 and to not break Marion County lines and not divide the city of Ocala. Additionally, FAC President Ralph Thomas spoke in representing Wakulla County’s interest. After receiving feedback, both Committees plan to evaluate their final map products to send to the full House Redistricting Committee in future committee meetings.   

On Thursday, the House Redistricting Committee met and reviewed the Congressional Maps and State House Maps workshopped in the House Congressional Redistricting Subcommittee and the House State Legislative Redistricting Subcommittee.  

First, Committee Staff reviewed the Congressional Maps, Option A ( H000C8001) and Option B (H000C8003). 

In Option A and B, districts 1,2, 3, 4, 17, 18, and 19 are drawn the same. The rest of the districts are drawn differently in Option A and B. 

Next, Committee Staff reviewed the State Maps, Option A (H000H8005) and Option B (H000H8007). 

The House Redistricting Committee adjourned after public testimony and will continue over the next few weeks to make improvements on the workshop maps presented.  

To view the committee review and data of each map see below: 

House Redistricting Committee: Meeting Packet, Video  

Legislation Clarifying Evidentiary Standards During a Declared Emergency Passes in the Senate 

SB 542- Evidentiary Standards for Actions Arising During an Emergency by Sen. Ana Rodriguez passed favorably (10-0) in its second committee, Judiciary, Monday afternoon. The bill provides 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, it provides financial assistance to previously engaged individuals unable to work due to health and safety concerns. The bill provides benefits that are related to the health and safety of engaged individuals, including medical, Personal Protective Equipment, and health testing. Lastly, SB 542 affords training related to the health and safety of engaged individuals or the public. The bill moves forward to its last committee, Rules. The companion bill, HB 411 - Evidentiary Standards for Actions Arising During an Emergency by Rep. Melo, awaits it second committee, Pandemics & Public Emergencies. 

Legislation Extending the Hurricane Loss Mitigation Program Moves Through Senate Committee  

CS/SB 578- Hurricane Loss Mitigation Program was heard in Senate Banking & Insurance on Wednesday. The bill extends the Hurricane Loss Mitigation Program (HLMP) until June 30, 2032. The HLMP funds are used to improve wind resistance on residences and mobile homes, as well as public hurricane shelters.  Currently, the HLMP is set to expire on June 30, 2022. An amendment was adopted by Sen. Brandes, that requires the Legislature to appropriate from the investment income of the Florida Hurricane Catastrophe Fund $2 million of the investment income based on the most recent fiscal year and audited financial statements to the University of South Florida School of Risk Management and Insurance to provide research into the property insurance market of the state each fiscal year. The bill passed unanimously and moves to Senate Community Affairs. The House companion, HB 837-Hurricane Loss Mitigation Program by Rep. Willhite, has not been heard.  

Bills Expanding Firefighter’s Rights Receive Unanimous Approval in Both Chambers 

SB 264- Firefighter Inquiries and Investigations by Rep. Hooper passed unanimously (7-0) in the Community Affairs Committee. The bill revises the Firefighters’ Bill of Rights to expand the rights of a firefighter during questioning under an informal inquiry when a firefighter is under investigation for alleged misconduct. Additionally, it provides criteria for conducting informal inquiries including where the investigation will take place, the time, and duration, allowing the firefighter to rest. Furthermore, a firefighter may not be threatened with transfer, dismissal, or disciplinary action as an incentive to answer any questions. The companion bill, HB 31- Firefighter Inquiries and Investigations by Rep. Busatta Cabrera, was heard on Thursday afternoon in its last committee, State Affairs. HB 31 passed unanimously (22-0) and moves to the House Floor.  

Legislation Extending Liability Protections for Health Care Providers Moves in Both Chambers

 

SB 7014-COVID-19-related Claims Against Health Care Providers was heard in its last committee stop, Senate Judiciary, on Thursday. The bill extends the timeframe of COVID-19-related claims brought against health care providers from March 29, 2022, to June 1, 2023. SB 7014 passed favorably (11-5) and moves to the Senate Floor. The House companion, Committee bill HHS1- Covid-19 Liability Protections Application Extension, was heard in House Health and Human Services Committee on Friday morning. The Committee bill passed favorably (15-5).  

Legislation Assisting the Frontline Workforce in Home Ownership Passes First Committee  

SB 788- Florida Hometown Hero Housing Program by Sen. Hooper was heard in Senate Community Affairs. The bill creates the “Florida Hometown Hero Housing Program,” a down payment assistance program within the Florida Housing Finance Corporation (FHFC). This program allows eligible homebuyers to access loans that reduce down payments and closing costs. The purpose of the program is to assist the frontline workforce in purchasing a home. Loans must be repaid when the property is sold, refinanced, rented, or transferred. The bill passed unanimously. There is no House companion.  

Mixed-Use Residential Development Projects Bill Clears First Committee  

SB 962- Mixed-use Residential Development Projects for Affordable Housing by Sen. Bradley was heard in Senate Community Affairs. SB 962 authorizes a county or municipality, regardless of zoning ordinances or the locality’s comprehensive plan, to approve the development of mixed-use residential development projects on any parcel zoned for residential, commercial, or industrial use if a portion of the project is for affordable housing. The bill provides that approval of such projects is self-executing and does not require the adoption of an ordinance by a local government. The bill passed unanimously and moves to Senate Transportation. The House companion, HB 981- Mixed-Use Residential Development Projects for Affordable Housing by Rep. Payne, has not been heard.  

Legislation to Resolve Construction Defect Claims Narrowly Passes in Senate 



CS/SB 736- Construction Defect Claims by Sen. Hutson passed favorably (6-4) in Community Affairs. SB 736 revises procedures of requiring a claimant and a contractor or similar person to attempt to resolve a construction defect claim before proceeding to litigation. Within the revised procedures, if a claimant rejects a settlement offer, they must detail the reasons for rejecting the offer. The bill encourages a claimant to accept a reasonable settlement or supplemental offer by making the claimant ineligible for an award of attorney fees in certain circumstances. SB 736 provides a 4-year limitation period for bringing a construction defect action, whether the action is based on a patent or obvious defect or a latent or hidden defect. Lastly, the bill amends the statutory provision authorizing a 10-year statute of repose for latent defects to a variable length based on the type of building improved. The House companion, HB 583- Construction Defect Claims by Rep. Yarborough, has not been heard.   

New Provisions for the Fish and Wildlife Commission Pass in Senate Chambers 

CS/SB 494 – Fish and Wildlife Conservation Commission by Sen. Hutson passed unanimously (9-0) in Appropriations Subcommittee on Agriculture, Environment, and General Government late Wednesday. The bill allows certain athletic or sports affiliated teams with specified educational institutions to operate a human-powered vessel within the marked channel of the Florida Intracoastal Waterway. It revises the vessel conditions that an officer of the Fish and Wildlife Conservation Commission or a law enforcement agency may use to determine a vessel is at risk of becoming derelict. The bill adds vessels to be a public nuisance into the notice requirements and liability provisions applicable to parties responsible for derelict vessels. It also authorizes the Florida Coastal Protection Trust Fund to fund grant programs for local governments for the removal of public nuisance vessels and derelict vessels, from the public waters of the state. SB 494 authorizes FWCC to provide derelict vessel grants to local governments and requires FWCC to adopt rules. Additionally, it prohibits municipalities and counties from designating public bathing beach areas or swim areas within their jurisdictions which are within the marked channel portion of the Florida Intracoastal Waterway or within 100 feet from any portion of the marked channel. FWCC employees and Florida Forest Service are authorized to operate drones to manage and eradicate plants or animals on public lands and to mitigate wildfire threats. Lastly, the bill revises the notices a person must be given for failure to submit to certain tests for alcohol, chemical, or controlled substances. The companion bill, CS/HB- 323 Fish and Wildlife Conservation Commission by Rep. Sirois, has not been heard. HB 323 adds to the bill, requiring certain forms relating to boating under influence be provided by FWCC rather than DHSMV. 

Bill to Implement the Blue-Green Algae Task Force’s Recommendations Moves through Senate Committee 

SB 832- Implementation of the Recommendations of the Blue-Green Algae Task Force by Sen. Stewart was heard for the first time on Monday in Senate Environment and Natural Resources. The bill implements the remaining recommendations received from the Blue-Green Algae Task Force created by Governor Ron DeSantis in 2019. Additionally, it requires owners of onsite sewage treatment and disposal systems to have the systems periodically inspected every 5 years by the Department of Environmental Protection (Effective: July 1, 2025). The department will assess certain projects and implement program standards, procedures, and requirements. SB 832 passed favorably (5-0), and heads to the Appropriations Subcommittee on Agriculture, Environment, and General Government. The companion bill, HB 561 Implementation of the Recommendations of the Blue-Green Algae Task Force by Rep. Goff-Marcil, has not been heard yet. 

Wetlands for Land Acquisition Legislation progresses in Both Chambers 

SB 882- Inventories of Critical Wetlands by Sen. Brodeur was heard in Environment and Natural Resources Subcommittee on Monday. The bill was passed favorably (4-0) and is now headed to Community Affairs. SB 882 requires each water management district governing board, in cooperation with local governments, to develop a list of critical wetlands for acquisition using funds from Land Acquisition Trust Fund. The board shall consider the following criteria in designating a wetland for inclusion on the list: The ecological value of the wetland, the effects of water quality and flood mitigation, the ecosystem restoration value, and the inherent susceptibility of the wetland to development. The House companion, HB 761- Inventories of Critical Wetlands by Rep. Truenow, was passed favorably (14-0) in the Environment, Agriculture & Flooding Subcommittee on Wednesday morning. The bill is headed to the Agriculture & Natural Resources Appropriations Subcommittee. 

Private Provider Inspections of Septic to Sewer Systems Receives Approval in Both Chambers  

CS/SB 856- Private Provider Inspections of Onsite Sewage and Treatment and Disposal Systems by Sen. Brodeur was passed favorably (9-0) in its second committee on Agriculture, Environment, and General Government Wednesday afternoon. SB 856 authorizes private provider inspections of onsite sewage treatment and disposal systems under certain conditions. Additionally, it prohibits the Department of Environmental Protection from charging certain inspection and permit fees. The bill specifies requirements for private providers, disposal system owners, and authorized contractors. It revises the list of authorized providers to perform onsite sewage treatment and disposal system evaluations. Lastly, it permits the department to audit up to 25% of private providers to ensure the accurate performance of inspections. The companion bill, CS/HB 309- Private Provider Inspections of Onsite Sewage and Treatment and Disposal System by Rep. Fetterhoff and Rep. Giallombardo, was also passed favorably (14-1) in the Environment, Agriculture, and Flooding Subcommittee on Wednesday morning. 

Underground Panels Power Through the Senate 



CS/HB 481- Temporary Underground Power Panel by Rep. Duggan was heard in its first committee of House Tourism, Infrastructure, & Energy on Wednesday afternoon. The bill prohibits counties and municipalities from enacting ordinances, regulations, or policies that prevent, or have the effect of preventing, certain electric utilities from installing temporary underground power panels if the panel meets the requirements of Article 590 of the National Electrical Code (2020 Edition). Additionally, it prevents counties and municipalities from requiring subsequent inspections after a temporary inspection has been conducted. The companion bill, SB 1332- Temporary Underground Residential Electric Service by Sen. Wright, has not been heard.  

Rebate Program Encouraging Florida Entertainment Clears First Senate Committee 

SB 946- Entertainment Industry by Sen. Gruters was heard in Senate Commerce & Tourism on Monday. The bill creates the Targeted High Wage Production Program within the Department of Economic Opportunity (DEO) under the supervision of the Commissioner of Film and Entertainment to expand the tourism and entertainment industry within the state. SB 946 allows applicants to receive rebates up to 23% of qualified expenditures, or $2 million, whichever is less with the requirement to make a good faith effort to use existing providers of infrastructure or equipment. The program includes requirements on the film, television, or digital media production company to employ at least 60% of Florida residents and spend at least 70% of their production time in Florida. The Florida Film and Entertainment Advisory Council must determine the score for each qualified project. SB 946 passed favorably (9-1) and moves to its second committee stop, Senate Finance & Tax. FAC waived in support of the bill. The House companion, HB 217 - Film, Television, and Digital Media Project Rebate Program by Rep. Trabulsy, has not been heard.  

Bill Requiring Local Officers to Disclose Finances Passes First House Committee 

CS/HB 301- Financial Disclosures for Elected Local Officers by Rep. Roach was heard in its first committee stop, House Public Integrity & Elections. 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. 

The bill passed unanimously and moves to House Local Administration & Veterans Affairs Subcommittee. The Senate companion, CS/SB 510- Financial Disclosures for Elected Local Officers by Sen. Brodeur, awaits its second committee stop, Senate Community Affairs.  

“REEF” Program Moves Forward in the Senate 

CS/SB 228 Resiliency Energy Environment Florida Programs by Sen. Rodriguez was heard for the second time in the Finance and Tax Subcommittee on Thursday morning. A strike-all amendment was adopted to amend the Property Assessed Clean Energy (PACE) program including enhancements for consumers entering PACE contracts. Under the bill, the financing agreements are renamed to avoid confusion with other state programs to a Resiliency Energy Environment Florida (REEF) program. The bill provides regulations to mitigate consumer protection concerns. Additionally, the bill authorizes local governments to administer REEF programs, specifying underwriting, financing estimate, disclosure, and confirmation requirements for program administrators relating to residential real property. REEF financing may be utilized on a government-leased property. The bill passed unanimously (7-0) and will move to its last committee, Appropriations. The House companion, HB 101- Resiliency Energy Environment Florida Program by Rep. Fine, has not been heard this session. 

Governor’s Recommended “Freedom First Budget” Presented in Both Senate and House Appropriations 

This week in Senate and House Appropriations a presentation on the Governor’s Recommended Budget for FY 22-23 was proposed to both committees. To view a full rundown on the Governor’s Budget and specifics on County funding, please visit FAC’s analysis on our Policy Action Center.

To read the budget highlights from the Governor’s Office click HERE. 

Senate Passes Legislation Granting Emergency Funds requested by the Governor 

CS/SB 96- Emergency Preparedness and Response Fund by Sen. Burgess passed favorably (9-7) by the Appropriations Committee on Wednesday. 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. The Chief Financial Officer shall immediately transfer the nonrecurring sum of $1 billion from the General Revenue Fund to the Emergency Preparedness and Response Fund in the Executive Office of the Governor to be used for preparing for or responding to a disaster declared by the Governor as a state of emergency. 

SB 98- Emergency Preparedness and Response Fund by Sen. Burgess passed favorably (10-6) in Appropriations. SB 98 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. SB 98 has been placed on the Senate special order calendar for a Floor vote. 

The bills do not have House companions. 

Presentation on Broadband by DEO Deputy Secretary  

DEO Deputy Secretary, Ben Melnick, gave a presentation to the Senate Appropriations Subcommittee on Transportation, Tourism, and Economic Development Wednesday afternoon. He highlighted the broadband initiatives within the past year, specifically reviewing the efforts of virtual workshops, broadband toolkits, and local technology planning teams. The Deputy Secretary encouraged Senators to request participation from their constituents on the “Speed Test” survey which allows the Department to further develop Florida’s Broadband Availability Map. The map identifies gaps in high-speed internet services across the state. This year, the DEO’s Office of Broadband received a U.S. Department of Commerce, Economic Development Administration State Planning Grant for $1 million to create the Florida Strategic Plan for Broadband in partnership with the University of Florida. Additionally, Florida has been allocated $366,036,869 from the Capital Projects Fund (CPF) in the American Recovery Plan Act of 2021. Deputy Secretary Melnick received and answered questions from Senators regarding improving the efficiency of the Broadband Map and improving infrastructure within the US Department of Housing and Urban Development. The presentation concluded with Melnick and Senators collectively committing to work together to find sufficient solutions to address the broadband issues challenging Floridians today. 

Remarks from DOC Secretary Remain Consistent with Last Year’s Requests to the Legislature 

After testifying in front of the Legislature at the Senate Appropriations Subcommittee on Criminal Justice and Civil Justice, Department of Corrections Secretary, Ricky Dixon, commented on his priorities for this year: “One of the first things we have to do is bring back the health of our staff.” The top two issues for the Department remain staffing and inmate idleness for this year. He is asking the Legislature to use money from the Inmate Welfare Trust Fund and funds from revenue generated contracts to invest in inmate programs that give individuals meaningful things to do while incarcerated. 

Correctional Facilities: An Escalating Crisis  

The Florida Department of Corrections currently employs nearly 18,354 workers to supervise approximately 80,000 inmates. Over the past couple of years, the Department has struggled with filling vacancies for correctional officers.  Specifically, the Statewide Correctional Officer Series Vacancy Rate increased from 4.95% in 2015 to 14.59% in 2020, and then to 28.46% in late 2021. 

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.   

Resource: Department of Corrections Presentation Florida House loaddoc.aspx (myfloridahouse.gov)  

The Department of Corrections has made recent strides to mitigate employee attrition by strategically closing facilities, offering hiring bonuses, and hiring part-time certified officers.  

According to Deputy Dixon’s testimony, the Department is still struggling with providing relief to its overworked and underpaid correctional officers. The current starting correctional officer salary is $33,500 and the Florida Department of Corrections is proposing an increase to $38,7509.  

To address these concerns, Governor Ron Desantis has recommended the following in his Freedom First Budget this year:  

• A $124.2 million to increase the Department of Corrections’ base rate of pay to $20 per hour for specified Correctional Officer, Correctional Probation Officer, and Inspector positions.   
• A $15.9 million for the Department of Corrections to implement a retention plan for  correctional officers, correctional probation officers, and inspectors.   

Resources  

Department of Corrections Presentation Florida House - loaddoc.aspx (myfloridahouse.gov)  

Department of Corrections Website - About Us - Florida Department of Corrections (state.fl.us)  

Governor Desantis’ Proposed Budget 2022 - Freedom First - Overview (freedomfirstbudget.com)  

Legislative Budget Commission 2021 - 110421.pdf (state.fl.us)  

Related Florida Legislation:  

Several bills have also been filed for the 2022 Legislative Session to address the challenges correctional officers have encountered, including:   

HB 425/ SB 664   

Sponsor: Fischer/Bradley   

Provides that PTSD suffered by correctional and part-time correctional officers, correctional probation, and part-time correctional probation officers is an occupational disease compensable by workers' compensation benefits. Requires educational mental health training for correctional officers.   

HB 645/SB 992   

Sponsor: Gottlieb/Book   

Requires employers of full-time law enforcement, correctional, or correctional probation officer to extend paid health insurance benefits to an officer's surviving spouse and each of the officer's dependent children if the officer dies in the line of duty as a result of exposure to a pandemic disease that is subject of a public health emergency.   

HB 49/SB 200   

Sponsor: Bartleman/Rodriguez (A)  

Revises the definition of a "first responder" to include correctional officers, correctional probation officers, and 911 public safety telecommunicators for purposes of eligibility for workers' compensation benefits. Requires an employing agency to provide at least one hour of mental health awareness, prevention, mitigation, and treatment training annually.