Nearing the End with Week 7 of the 2022 Legislative Session

With Week 7 ending, there are officially 14 days left until the last day of Session! This week in Tallahassee was met with long Floor debates and jam-packed committee agendas, as the end of Session quickly approaches.

Legislators received a warm notice from the President and Speaker indicating Budget Conference would not begin this weekend but would commence next week. Stay tuned for coverage on this year’s 2022-23 budget at the end of Session.

It was a lively week, as Hillsborough County celebrated at the Capitol with their famous Cuban sandwiches and Pirate beads! The Florida Agriculture and Mechanical University also celebrated with their orange and green pride on Thursday.

HB 963 Amendment Reverses Supreme Court Ruling, Gives Sheriffs Unchecked Budget Power

CS/CS/SB 963- Funding for Sherrifs by Rep. Hunschofsky and the House Appropriations Committee now contains an amendment that would allow a sheriff to move funds within his or her budget, without approval by the Board of County Commissioners. FAC has concerns with the ability of the sheriffs to alter their budget without approval of the Board of County Commissioners.

HB 963 passed unanimously (25-0) in its final committee, House Appropriations, while the Senate companion, SB 1452- Funding for Sheriffs Providing Child Protective Investigative Services by Sen. Book is in its last committee stop, Senate Appropriations. The Senate version does not currently contain the same sheriffs’ budget language.

Sovereign Immunity Amendment in Senate Creates Tier System

On Wednesday morning, SB 974- Sovereign Immunity by Sen. Gruters was heard in Senate Rules. Sen. Huston introduced and passed three amendments. The delete all by Sen. Hutson outlined a tiered system of sovereign immunity within the bill.



• For a county or municipality with less than a population of 50,000, a state university, public college, subdivision of the state, or any other entity covered by sovereign immunity, the limit is capped at $200,000 per person injured and $300,000 per incident.
• For a county or municipality with a population between 50,000 and 250,000, including the constitutional officers of such county, the limits are increased to $300,000 per person injured and $400,000 per incident.
• For the state, a state agency, a county or municipality with a population in excess of 250,000, including the constitutional officers of such county, the limits are increased to $400,000 per person injured and $600,000 per incident.
• If multiple sovereign entities are liable, the total liability for all of the entities may not exceed the amount for the entity with the highest liability limit. The bill provides that a claim, other than one against the state or a state agency, may be voluntarily paid by an entity in excess of the limits without the need for a claims bill. The bill is effective October 1, 2022 and applies to any claim accruing on or after that date.

FAC waived in support of the amendment but voiced concerns to the committee about the tier system created within the amendment and the precedent it sets for the future. SB 974 has one more committee stop, Senate Appropriations.

House Sovereign Immunity Bill Temporarily Postponed

The House companion, HB 985- Sovereign Immunity by Rep. Beltran, was temporarily postponed at the beginning of its last committee meeting, House Judiciary on Wednesday afternoon. House Judiciary is expected to meet on Monday at 3:30PM, however, the notice deadline for the committee agenda is 4:30PM on Sunday, February 27^th.

Bill Allowing Business Claims Against Local Governments Passes Last House Committee

HB 569- Local Business Protection Act by Rep. McClure was heard in its last committee, House Judiciary on Wednesday. Rep. Diamond introduced four amendments attempting to exempt more ordinances, such as noise control ordinances and public nuisances from business damages, however, all four failed. The bill passed favorably (13-7) and was placed on the House floor calendar, on 2nd reading. The Senate companion, SB 620- Local Business Protection Act by Sen. Hutson, passed the Senate floor on January 27^th.

Private Property Rights to Prune, Trim, and Remove Trees Advances in Both Chambers

On Wednesday, the Senate Rules 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 Society of Arboriculture) or a Florida license landscape architect 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).   

The committee passed the bill unanimously and it was placed on Special Order Calendar for Tuesday, March 1.

The House companion measure, HB 1555 - Private Property Rights to Prune, Trim, and Remove Trees by Rep. McClain, passed unanimously in its last committee, House Judiciary and was placed on the House floor calendar, on 2^nd reading. FAC waived in support of both bills.

Bills Preempting Counties from Regulating Private Parking Facilities Amended to Exclude Fines, Advances in Both Chambers

CS/SB 1380- Real Property Rights by Sen. Rodriguez (A) passed unanimously on the Senate Floor this week. Additionally, the House companion, CS/HB 219- Real Property Rights by Rep. Tuck, was heard in its last committee stop, House Judiciary and passed unanimously.

The bills contain a preemption that would prohibit a county or municipality from enacting any ordinance or regulation restricting or prohibiting the owner or operator of a private parking facility from establishing rates, fees, and fines.

CS/SB 1380 adopted a few amendments on 2^nd reading. One such amendment removed establishing fines from the preemptive language and retained establishing rates and fees. However, a similar amendment removing fines was not adopted on the House companion, CS/HB 219.

Broadband Bills Receive an Amendment with Unanimous Approval

CS/SB 1800- Broadband Infrastructure by Sen. Boyd passed unanimously (11-0) in the Appropriations Subcommittee on Transportation, Tourism, and Economic Development. FAC provided additional information in committee regarding the involvement of county commissioners and Local Planning Teams, as well as funding deadlines for the Capitol Grants Project.

The bill establishes the Broadband Pole Replacement Program, to be administered by the Office of Broadband (Office) within the Department of Economic Opportunity (Department). The Program will reimburse eligible broadband Internet service providers for their costs incurred for the removal and replacement of existing utility poles in areas of Florida that are unserved by broadband Internet service. Reimbursements under the program are limited to 50 percent of the broadband internet service provider’s eligible pole replacement costs, or $5,000—whichever is less, in addition to their administrative costs related to the preparation and submission of the application for reimbursement.

An amendment was adopted which removed the application of $100 million in federal funding from the Coronavirus Capital Projects Fund directed to be placed into the Broadband Pole Replacement Trust Fund, created by linked bill, SB 1802. The amendment also removed the $400 million allocation for the Opportunity Grants Program.

CS/SB 1802- Broadband Pole Replacement Trust Fund by Sen. Boyd passed unanimously (11-0) in the Appropriations Subcommittee on Transportation, Tourism, and Economic Development.

Cybersecurity Bill Wires Through the House Chambers

CS/HB 7055- Cybersecurity by State Administration & Technology Appropriations Subcommittee passed unanimously (23-0).

The bill creates cybersecurity related requirements for state agencies and local governments. It requires state agencies and local governments to report ransomware incidents and high severity level cybersecurity incidents and requires local governments to adopt cybersecurity standards that safeguard the local government’s data, IT, and IT resources by a date certain. An amendment was adopted, changing the general public record exemption in Ch. 119, F.S., for the following information held by an agency before, on, or after July 1, 2022:

• Coverage limits and deductible or self-insurance amounts of insurance or other risk mitigation coverages acquired for the protection of IT systems, operational technology systems, or data of an agency.
• Information relating to critical infrastructure.
• Network schematics, hardware and software configurations, or encryption information or information that identifies detection, investigation, or response practices for suspected or confirmed cybersecurity incidents.



The bill also creates a public meeting exemption for any portion of a meeting that would reveal the confidential and exempt information; however, any portion of an exempt meeting must be recorded and transcribed. The recording and transcript are confidential and exempt from public record requirements. The bill provides for release of the confidential and exempt information in certain instances and authorizes agencies to report information about cybersecurity incidents in an aggregate format. The bill provides for repeal of the exemptions on October 2, 2027, unless reviewed and saved from repeal by the Legislature, and provides a public necessity statement as required by the Florida Constitution.

The linked bill, HB 7057, also passed unanimously (23-0). The bill requires counties and municipalities (local governments) to report cybersecurity and ransomware incidents to the sheriff and to the State Watch Office (SWO). The SWO must immediately forward the incident report to the Florida Digital Service (FLDS) and Florida Department of Law Enforcement. At the conclusion of the incident, local governments must submit an after-action report to FLDS that summarizes what occurred, how the incident was resolved, and lessons learned. FLDS must provide all information relating to the incident to the Florida Cybersecurity Advisory Council.

The Senate Companions, SB 1670 and SB 1694 by Sen. Hutson was amended to match the house bills and are scheduled for a hearing in Senate Appropriations on February 28^th.

House Appropriations Greenlights New-look Tax Package

Rep. Payne’s House tax package, renumbered as CS/HB 7071 (previously WMC01), passed the House Appropriations committee on Tuesday with minimal resistance (27-0). The issue of greatest concern for FAC is an open-ended tax abatement for residential property rendered uninhabitable by a catastrophic event. FAC’s Bob McKee spoke about these concerns to the committee. Under current law, tax abatements are granted on a case-by-case basis by the Legislature, rather than being given as a blanket policy for any event rendering a residence uninhabitable for 30+ days. The concern is that an extreme event affecting a populated area would result in significant abatement payments at the same time the tax base is diminished, and service demands are increased due to the event.

Other highlights of the tax package include an abatement for sudden building collapse events in response and limited to the Surfside tragedy, an increased ad valorem property tax exemption for widows, widowers, and blind or permanently disabled homeowners, and nine sales tax holidays:

• Back to School Holiday July 25 to August 7
• Disaster Preparedness Holiday May 28 to June 10
• Energy Star Appliances Holiday September 1 to February 28
• Freedom Week Holiday July 1 to July 7
• Tools Used by Skilled Trade Workers Holiday September 3 to September 9
• Diaper Holiday July 1, 2022, to June 30, 2023
• Baby and Toddler Clothing Holiday – July 1, 2022, to June 30, 2023
• Children’s Books Holiday May 14 to August 14
• Impact resistant Windows and Doors Holiday July 1, 2022, to June 30, 2024.

Critical Workforce Homestead Exemption Passes House, Enters Home Stretch

HJR 1 Additional Homestead Property Tax Exemption for Specified Critical Public Service Workforce and its implementing bill, HB1563, by Rep.Tomkow both passed unanimously on third reading on Thursday. HJR 1 and its Senate companion, SJR 1746, through joint resolution, propose an amendment to the State Constitution authorizing the legislature to grant an additional homestead property tax exemption on $50,000 of the assessed value of homestead property owned by the following “critical” members of the public service workforce:

• Classroom Teachers
• Law Enforcement Officers
• Correctional Officers
• Firefighters
• Emergency Medical Technicians (House language only)
• Paramedics (House language only)
• Child Welfare Services Professionals
• Active-Duty Military
• Members of the Florida National Guard

The House’s latest committee substitute for HB 1 expands the exemption eligibility to include paramedics and EMTs. 

HB 1563 and SB 1748 provide the conditions and process by which these qualified workforce members may receive the additional homestead property tax exemption, as well as actions a property appraiser may take in response to an improper claim of exemption. Both implementing bills now provide for a distribution to eligible “fiscally-constrained” counties to offset the impacts the measure would have on their tax revenues. The distribution would begin in 2023-24.

FAC has previously spoken in opposition to this bill, citing concerns about shifting the tax burden to renters and non-qualified professional groups, and the burgeoning bureaucracy needed to process claims of exemption.

VISIT FLORIDA extensions TP’d on Chamber Floors

SB 434-Florida Tourism Marketing by Sen. Hooper and its House companion, HB 489- Tourism Marketing by Rep. Chaney, were both temporarily postponed on their respective chamber floors this week. As it stands, the bills extend the repeal date of the VISIT FLORIDA tourism program—to October 1, 2028, in the House version and October 1, 2031, in the Senate, though a pending Senate amendment seeks to match the House language. If the bills fail to pass, the statutory provisions for the VISIT FLORIDA program expire in 2023.

House Greenlights Tax Referenda Bill



HB 777 – Local Tax Referenda Requirements by Rep. Will Robinson passed on third reading on Thursday. Meanwhile, CS/SB 1194by Sen. Boyd passed favorably (19-1) in its final committee of reference, S Appropriations, on Thursday. The bills require referendum elections to coincide with 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

FAC’s Deputy Director of Public Policy, Bob McKee, spoke in opposition to the bill regarding concerns around the timeline for implementing constitutionally authorized millage above the ten mill cap for no more than two years (emergency millage). Specifically, any referenda held in concurrence with a general election (in November) would occur after the tax bill has been issued, and the millage could not be levied until the following year. 

Statewide Recertification Requirements on Certain Residential Buildings Advances in Both Chambers

CS/HB 7069- Condominium and Cooperative Associations by Rep. Perez passed unanimously on the House floor on Thursday. The comparable Senate bill, CS/CS/SB 1702- Building Safety by Sen. Bradley, passed unanimously in Senate Rules.

Both bills establish a mandatory milestone inspection requirement for condominium and cooperative association and multifamily residential buildings, provide milestone checks for buildings that are 3 stories or higher in height and within 3 miles of the coast, provides requirements to milestone inspections, revises requirements for the funding of reserves, expands unit owner access to records, and provides for the mediation of disputes between unit owners and the association.

HB 7069 was referred to Senate Rules and SB 1702 was placed on the calendar, on 2^nd reading.

Transportation Bill Amended in Last Committee to Require Certain Credits Against Mobility Fees

HB 157 – Transportation by Rep. Andrade was amended in its last committee stop to include a requirement that local governments must provide a mobility fee credit to a residential developer for capital improvements to a transportation system that the Department of Transportation deems necessary to ensure the safe and efficient mobility of people, commerce, and goods to bring a planned housing community into service. Bob McKee of FAC spoke to the committee expressing concerns about this broad language. On Friday afternoon, February 25^th, an amendment was filed by the sponsor of the bill to remove this language.  

Smoking Regulation Bill Passes House, Senate Bill Gets TP'd

HB 105- Regulation of Smoking by Counties and Municipalities by Rep. Fine passed favorably (105-10) on Third Reading on Thursday. Meanwhile, the Senate companion, CS/CS/SB 224- Regulation of Smoking in Public Places by Sen. Gruters, was TP’d on second reading. The bills would allow counties and municipalities to restrict smoking/vaping within the boundaries of any beaches or parks under their jurisdiction. As it stands, the language between the two versions remains slightly different—the Senate version exempts filterless cigars and tobacco pipes from such regulation, while the House version only specifies cigars as an exemption. A previous provision in the House version authorizing counties to regulate smoking within 25 feet of non-exempt businesses was removed in the latest language.

Bill to Establish Recycling Goals Moves Forward in the Senate Chambers

SB 1156- Comprehensive Waste Reduction and Recycling Plan by Sen. Stewart passed unanimously (10-0) in the Appropriations Subcommittee on Agriculture, Environment, and General Government. FAC waived in support of the bill. SB 1156 states the Department of Environmental Protection shall conduct a study on the establishment of a new long-term recycling goal for state and local governmental entities, private companies and organizations, and the general public to achieve by the year 2030. The study must include updates on the progress that was made in reaching the previous goal from 2020. Upon completion of the study, the department shall submit a report of the results of the study and any policy recommendations to the Governor, the President of the Senate, and the Speaker of the House of Representatives. A comparable bill, HB 935 - Study to Establish Statewide Long-Term Recycling Goal by Rep. Morales has not been heard.

Bill to Expand Healthy Food Options Receives Unanimous Approval in Senate

SB 1450- Healthy Food Financing Initiative Program by Sen. Jones passed unanimously (10-0) in the Appropriations Subcommittee on Agriculture, Environment, and General Government. FAC waived in support of the bill. The bill expands the functions of the Healthy Food Financing Initiative program from the Department of Agriculture and Consumer Services (DACS). It directs DACS to provide grants and loans for the construction of independent grocery stores, supermarkets, community facilities, or other retail outlets to increase access to affordable fresh produce and other nutritious food in underserved communities. The bill requires a qualified non-profit to be able to demonstrate certain criteria to enter into a contract with DACS to carry out the program and requires any third-party administrator that contracts with DACS to provide quarterly updates to DACS.

The bill requires DACS to give preference to Florida-based grocers, local business owners with experience in grocery stores, and grocers and business owners with a business plan that includes opportunities to purchase from farmers and growers in the state before seeking out-of-state purchases. The bill specifies that for a project to be eligible for funding under the program, it must be located in an underserved community and provide for the construction of independent grocery stores or supermarkets; provide renovation, expansion, and infrastructure upgrades to stores and community facilities that improve the availability and quality of fresh produce and other healthy foods; or provide other projects that create or improve access to affordable fresh produce that meet the intent of the program. The bill requires the program to fund at least three eligible projects each year.

Its companion, HB 1311 - Healthy Food Financing Initiative Program by Rep. Mariano passed unanimously (14-0) last week.

Bills to Improve State Resiliency Move Forward in Both Chambers

CS/SB 1940- Statewide Flooding and Sea Level Rise Resilience by Sen. Brodeur passed unanimously (10-0) in the Appropriations Subcommittee on Agriculture, Environment, and General Government. FAC waived in support of the bill. The bill establishes the Statewide Office of Resilience within the Executive Office of the Governor, providing the appointment of a Chief Resilience Officer. The bill requires the Department of Transportation (DOT) to develop a resilience action plan for the State Highway System. Additionally, it identifies goals of the action plan and requires it to include certain components. It also requires DOT to submit the action plan to the Governor and the Legislature by June 20, 2023, and a status report every third year on June 30 thereafter. The bill requires the Florida Flood Hub for Applied Research and Innovation to provide certain data to counties and municipalities for vulnerability assessments. SB 1940 makes various revisions to s. 380.093, F.S., relating to statewide resiliency funding and planning, including:

• Authorizing the use of Resilient Florida Grant Program funds to fund preconstruction activities for Statewide Flooding and Sea-Level Rise Resilience Plan (Plan) projects in municipalities and counties meeting certain population thresholds, but not for projects that adapt critical assets to flooding and sea-level rise
• Pushing back by one year (to 2023 and 2024, respectively) the dates by which the Comprehensive Statewide Flood Vulnerability and Sea-Level Rise Data Set and the Assessment must be completed
• Revising the $100 million cap on funding proposed for each year of the Plan to a minimum threshold of $100 million.
• FAC waived in support of the House Companion, HB 7053 which also passed unanimously (23-0) in the State Affairs Committee. An amendment was adopted that expands the responsibilities of the Chief Resilience Officer, including:
• To work with federal, state, regional, and local governmental entities, and nongovernmental entities to align flood resilience and mitigation priorities.
• Collaborate with the Florida Flood Hub for Applied Research and Innovation and other appropriate entities to provide technical guidance to state agencies, as well as local and regional governmental entities, to incorporate future standards and projections regarding flooding, including sea level rise projections, into future state projects, plans, and programs.
• Engage with state agencies and water management districts to innovate processes, programs, decision frameworks, and reporting mechanisms intended to bolster flood resilience and mitigation activities.

All state and local governmental entities are authorized and directed to assist the Chief Resilience Officer to the extent such assistance is consistent with law and budgetary constraints.

“PFOS” Bill Clears its Last Committee in the House Chambers

CS/HB 1475 - Cleanup of Perfluoroalkyl and Polyfluoroalkyl Substances by Rep. McClure passed unanimously (23-0) in its last committee, State Affairs. FAC waived in support of the bill. By January 1, 2023, the bill requires DEP to adopt by rule statewide cleanup target levels for PFAS in soil and groundwater using specified statutory criteria, with priority given to PFOA and PFOS. Additionally, it requires the rules to be ratified by the Legislature in order to take effect. HB 1475 specifies that until DEP’s rule has been ratified by the Legislature, a person may not be subject to any administrative or judicial action brought by any state or local governmental entity to compel or enjoin site rehabilitation, to require payment for the cost of rehabilitation of environmental contamination, or to require payment of any fines or penalties regarding rehabilitation based on the presence of that particular PFAS constituent. An amendment was adopted that directs DEP to adopt by rule statewide cleanup levels for PFAS in drinking water, groundwater, and soil using criteria set forth in s. 376.30701, if the EPA does not finalize standards for PFAS in drinking water, groundwater, and soil by January 1, 2025. It clarifies that a governmental entity or private water supplier may not be subject to any administrative or judicial action under chapter 376 until the department's rule for a particular PFAS constituent is ratified by the Legislature.

A comparable bill, CS/SB 7012 - Per-and Polyfluoroalkyl Substances Task Force is scheduled for its last Committee, Senate Appropriations on February 28^th.

Trends and Policy Developments in Juvenile Justice



The last few years have yielded promising trends in key juvenile justice indicators, as well as policy developments. Based on figures from the Department of Juvenile Justice (DJJ), overall rates of intake and detention of juveniles are down considerably from five years ago. 

Florida’s counties have a vested interest in juvenile intake and detention rates—section 985.6865, Florida Statutes, provides that counties (excluding those which are fiscally constrained or provide their own detention programs) must split the costs of detention with DJJ. In other words, as detention rates fall, so should total county cost-sharing obligations.

For more information on the specific county by county figures, refer here: Florida County Detention Cost Sharing | Florida Department of Juvenile Justice (state.fl.us)

Several bills are moving through the legislature this session with both positive and negative implications for juvenile offenders.

CS/SB 7040 – Time Limitations for Preadjudicatory Juvenile Detention Care by Appropriations Committee extends the time limit for which a juvenile may be detained in a supervised release program from 21 days to 60 days, and provides for electronic monitoring of juvenile offenders. Additionally, a hearing to show good cause to extend the detention period must be conducted every 21 days (current law specifies nine days) for both supervised release and secure detention of a juvenile. This bill could have an alarming impact on the total number of detention days if passed.

CS/SB 342- Juvenile Diversion Program Expunction by Sen. Perry provides that a juvenile may have their records expunged following completion of a diversion program for a non-forcible felony offense. Additionally, the juvenile may lawfully deny or neglect to acknowledge their participation in said diversion program. Current law only provides for expunction for misdemeanor offenders.

This bill passed unanimously in both chambers last year, however, it was vetoed by the Governor, who cited concerns of expunging serious felonies, such as sexual battery from a juvenile’s record. 

Source: Delinquency Profile Dashboard: Delinquency Profile Dashboard | Florida Department of Juvenile Justice (state.fl.us)