Closing in on the End with Week 8 of the 2022 Legislative Session

Officially one week left until the end of Session! This week wrapped up the last committee meetings and much of the week was spent on the House and Senate Floor. As we near the end of Session, FAC is grateful to all our members who have remained engaged and supported our lobbying efforts this Legislative Session.

Finally, budget conferences began this week. As a reminder, for them to finish according to schedule, the budget will have to be completed by March 8^th in order to allow for the 72 hours "cooling-off" period for all parties to review. 

LATEST: Senate Reverses Course on Sheriffs Unchecked Budget Power with Leader Book Amendment 

On Wednesday, CS/CS/SB 963- Funding for Sherrifs by Rep. Hunschofsky passed on the House floor unanimously. The bill would have allowed a sheriff to bypass the budget amendment process and move budgeted funds, without review or approval by the Board of County Commissioners.

Late Friday afternoon, the Senate companion, CS/SB 1452- Funding for Sheriffs Providing Child Protective Investigative Services by Sen. Book, was substituted for HB 963, and amended to remove the language expanding the sheriff’s budgetary powers without approval by the Board of County Commissioners that was in the House version. SB 1452 passed unanimously and will head back to the House for approval or further action.

Thanks to all the commissioners that reached out to their senators in response to our call to action. Your calls into senate offices were a key part of getting the language out of HB 963. There’s still a week left so stand prepared as we may need your engagement on this or other issues in the coming days!

The Background Story:

In 2016, then-Alachua County Sheriff Sadie Darnell transferred $840,000 between object funds without the Board of County Commissioners' approval. About $700,000 of those funds were transferred from jail personnel expenditures to the Sheriff's operating expenses and capital outlay. Alachua County brought a declaratory judgment action on the grounds the Sheriff lacked authority to make such transfers without the Board's approval.

While the circuit and First District Court of Appeals disagreed with the County's position, on January 27, 2022, the Florida Supreme Court issued a unanimous opinion in Alachua County v. Watson (formerly filed against Darnell), Case No. 2019-16, (January 27, 2022),https://efactssc-public.flcourts.org/casedocuments/2019/2016/2019-2016_disposition_154771_d26.pdf, in which the Court proclaimed: We conclude that when seeking to transfer money between objects, the Sheriff must follow the budgetary amendment process established by the Legislature in chapter 129, and that the Sheriff failed to do so here. The existence of a detailed process for the review and approval of funding decisions at the object level, reflected in the plain, whole text of the statute, means that the Legislature decided the Sheriff must obtain the County’s approval before amending those appropriations that the County had previously fixed and approved from the funds it had collected.

Sovereign Immunity House PCS Caps Claims at 400k Per Person, 600k Per Incident Passes Last House Committee

CS/HB 985-Sovereign Immunity by Rep. Beltran was up in its last committee stop, House Judiciary on Monday. A PCS was adopted that caps the sovereign immunity damages against state and local government entities to $400,000 per person and $600,000 per incident. Additionally, the bill allows a subdivision of the state to settle a claim and pay the settled amount without the need for a claim bill; however, it does not provide for a state government entity to pay a claim above the statutory cap amount without a claim bill. HB 985 eliminates any statute of limitations for filing a claim against the state or a local government entity for sexual battery actions involving a victim who was younger than 16 years old at the time of the incident. However, the bill does not resuscitate any such claim which would have been time-barred as of July 1, 2010. The bill provides for a three-month general pre-suit statutory time period for a government entity to review and dispose of a claim. Lastly, the bill applies to claims accruing on or after October 1, 2023. The Senate companion, CS/CS/CS/SB 974-Sovereign Immunity by Sen. Gruters is stalled in its last committee, Senate Appropriations.

Bills For Final Approval By The Governor

SB 434- Florida Tourism Marketing by Sen. Hooper was substituted for its House companion, HB 489, and passed the House floor on Wednesday. The bill, which previously passed the Senate last month, now awaits the Governor’s signature.

The bill would extend the repeal date of the VISIT FLORIDA tourism program, currently set to expire in 2023. Following some back and forth from the two chambers, the Legislature settled on October 1, 2028, as the new repeal date, pending Governor’s approval.

Local Ordinances Bill Ready for House Floor

CS/HB 403- Local Ordinances by Rep. Giallombardo was heard in House State Affairs on Monday morning. HB 403 allows challenges to local ordinances on grounds they are expressly preempted by state law, conflict with state law, or are arbitrary or unreasonable, and allows the courts to award attorney fees and costs to the prevailing complainant. An award of attorney fees or cost and damages cannot exceed $50,000. Similar to challenges under current law that are brought against local ordinances on express preemption grounds, allows a complainant to recover damages against the local government that enacted the local ordinance.

The bill requires a board of county commissioners to prepare a business impact statement before the adoption of certain ordinances. It also requires the preparation of a business impact estimate that must be published on a county's or city's website at the same time as notice of a proposed ordinance is published. The business impact statement must include: a summary of the proposed ordinance, including a statement of the public purpose to be served by the proposed ordinance, such as serving the public health, safety, morals, and welfare of the county; the estimated economic effect of the ordinance on private for-profit businesses in the county; an estimate of direct compliance costs businesses may reasonably incur if the ordinance is adopted, if any; identification of any new charge or fee on businesses subject to the proposed ordinance or for which businesses will be financially responsible, if any; and an estimate of the county’s regulatory costs, including an estimate of revenues from many new charges or fees that will be imposed on businesses to cover such costs. Additionally, a good faith estimate of the number of businesses likely to be affected by said ordinance and any additional information the board determines necessary.

The following local ordinances are excluded from the business impact statement requirement:

• Part II of chapter 163;
• Section 553.73;
• Section 633.202;
• Sections 190.005 and 190.046;
• Ordinances required to comply with federal or state law or regulation;
• Ordinances related to issuance or refinancing of debt;
• Ordinances related to the adoption of budgets or budget amendments;
• Ordinances required to implement a contract or an agreement; including but not limited to, any federal, state, local, or private grant or financial assistance accepted by a county government; or
• Emergency ordinances.

Additionally, a county must suspend enforcement of an ordinance that is subject of action if the legal action is filed no later than 90 days after the adoption of the ordinance, the complainant requests suspension in the initial complaint or petition, and the county that has been served with a copy of the complaint or petition. The bill only applies to ordinances adopted on or after October 1, 2022. 



HB 403 passed favorably (14-9) and was placed on the calendar on 2^nd reading. The companion legislation, CS/CS/SB 280-Local Ordinances by Sen. Hutson, passed off the Senate floor with a vote of 28-8 on January 27^th.

FAC Closely Monitoring Potential County Gag Order on HB 921

HB 921 – Campaign Financing by Rep. Drake received its second reading on the House floor Friday evening. An amendment wholly restricting county communications, including those limited to “factual information,” surrounding an impending referendum, initiative, or constitutional/charter amendment was filed and later walked back on Thursday night. A substitute amendment was adopted which would allow counties limited communication on these subjects; however, this latest amendment language still includes constraints on certain electronic communications, among other means, by counties.

Private Property Rights to Prune, Trim, and Remove Trees Passes in Senate



CS/SB 518 - Private Property Rights to Prune, Trim, and Remove Trees by Sen. Brodeur passed unanimously on the Senate floor. 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.  It’s House companion, HB 1555 - Private Property Rights to Prune, Trim, and Remove Trees by Rep. McClain, was placed on the calendar on 2^nd reading

Broadband Bills Head to the Governor’s Desk from the Senate

CS/SB 1800- Broadband Infrastructure by Sen. Boyd passed unanimously (18-0) in Appropriations on Monday and passed the Senate floor Thursday. 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.



CS/SB 1802- Broadband Pole Replacement Trust Fund by Sen. Boyd passed unanimously (18-0) in Appropriations on Monday and passed the Senate floor Thursday. The committee substitute removes the reference to the deposit of federal Capital Project Fund funds. The CS also clarifies that funds appropriated from federal grant funds must be used consistent with federal law and with any federal grant agreement between the Department of Economic Opportunity and the federal agency for use of the funds.

CS/HB 1543- Broadband Infrastructure by Rep.Tomkow passed unanimously (15-0) in the Commerce Committee and is currently on its second reading.

The Committee Substitute removes specific appropriations from the bill and provides that reimbursements are subject to availability of funds. It expands the field of potential applicants to include all broadband Internet service providers, regardless of the technology used to provide the service.

CS/HB 1545- Trust Funds/Broadband Pole Replacement Trust Fund/DEO by Rep. Tomkow also passed unanimously (16-0) in the Commerce Committee and is currently on its second reading.

Cybersecurity Bills Excel in Both Chambers

CS/CS/SB 1670- Cybersecurity by Sen. Hutson passed favorably (20-0) in Appropriations and was read for a second time in the Senate. The Committee Substitute requires state agencies and local government entities to report cybersecurity and ransomware incidents to the Cybersecurity Operations Center (CSOC) and the Cybercrime office of the Department of Law Enforcement. It defines the level of severity of a cybersecurity incident in accordance with the U.S. Department of Homeland Security’s National Cyber Incident Response Plan. Additionally, it requires the advanced cybersecurity training offered to specified state agency and local government employees to include training on the cybersecurity incident severity levels. It differentiates reporting requirements based on the level of severity of a cybersecurity incident. The bill requires the Legislature to only be notified of high severity level cybersecurity incidents.

Local government entities are required to adopt cybersecurity standards that align with the National Institute for Standards and Technology and to provide notification to the Florida Digital Service when such standards are adopted. It expands the purpose of the Cybersecurity Advisory Council (CAC) to include advising local governments on cybersecurity and requires the CAC to examine reported cybersecurity and ransomware incidents to develop best practice recommendations. It requires the CAC to submit an annual comprehensive report regarding ransomware to the Governor and Legislature. Lastly, it establishes penalties and fines for certain ransomware offenses against a government entity. The House Companion, CS/HB 7055- Cybersecurity by the State Administration & Technology Appropriations Subcommittee passed unanimously (110-0) in the House.

The linked bill, HB 7057, also passed unanimously (111-0) in the House. 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.

Transportation Bill Passes House Floor, Mobility Fee Provision Neutralized

CS/CS/HB 157 – Transportation by Rep. Andrade passed on Third Reading (114-1) on Wednesday. A floor amendment was adopted that walked back some problematic amendment language that would have required local governments to provide mobility fee credits for capital improvements by residential developers, where determined necessary by the Department of Transportation.

House Throws Unanimous Support Behind Tax Package

Rep. Payne’s House tax package, CS/HB 7071- Taxation (previously WMC01), passed on third reading on Wednesday with minimal resistance (115-0). The issue of greatest concern for FAC remains an open-ended tax abatement for residential property rendered uninhabitable by a catastrophic event. FAC’s Bob McKee previously spoke about these concerns to the House Appropriations 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 ten 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.
• Trade Worker Tools Holiday September 3, 2022 to September 9, 2022

Bill to Improve State Resiliency Moves Forward in the Senate and Passes in the House

CS/SB 1940- Statewide Flooding and Sea Level Rise Resilience by Sen. Brodeur was read for the second time on the Senate floor. 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.
• The companion bill, HB 7053 passed on the Floor. The bill 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 Passes in the House Chambers

CS/HB 1475 - Cleanup of Perfluoroalkyl and Polyfluoroalkyl Substances by Rep. McClure passed unanimously in the House (111-0). 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, was temporarily postponed this week.

Baseball Lockout Leaves Florida Training Hubs Scrambling 



The ongoing labor dispute between Major League Baseball (MLB) and the MLB Players Association is beginning to hit close to home. Florida serves as one of two major hubs (the other being Arizona) for MLB’s Spring Training season, which brings not only the ballplayers themselves, but legions of diehard fans. However, due to an expired collective bargaining agreement between team ownership and the Players Association, the players are on owner-imposed “lockout” until a new deal is brokered. In the meantime, the Spring Training season has been suspended, with no resolution in sight.

This has substantial implications for local economies in Florida that provide Spring Training accommodations for teams and their traveling entourage. While the COVID-19 pandemic caused some disruption in a booming Spring Training tourism market, prior tourism returns were prolific—2019 saw an estimated 1.5 million fans convene across the 15 spring training homes in Florida. On an annual basis this equates to a collective $687 million dollar impact for these local economies. 

Obscuring the issue even further is the fact that many local communities have expended public dollars to make these accommodations for teams. Many of the Spring Training ballparks were developed as public-private partnerships with public funds doing much of the legwork. State of the art training facilities, like the Braves’ CoolToday Park in North Port, come with a hefty price tag approaching $140 million. While this is no doubt an impressive figure, the expectation is that these parks will pay for themselves several times over in the form of economic stimulus for the local economy. With the 2022 season in jeopardy, however, these communities could be left holding the bag. For the sake of Florida’s unique Spring Training destinations, here’s hoping the two sides reach an agreement soon. 

Source: https://playinflorida.com/spring-training/