Nearing Half-Way Through the 2022 Legislative Session with Week 4 



This week bills were moving quickly with 34 days left until the end of Session.  FAC followed a variety of bill subjects ranging from changes to Sovereign Immunity and Living Wage Mandates. Additionally, the Appropriations Subcommittee Chairs began their budget proposal process to their respective committees.  

As the momentum picks up and we near half-way through Session, thank you to everyone who has remained engaged with the Association here in Tallahassee. 

On Feb 2nd and 3rd, Miami Dade celebrated Dade Days, hosting their annual “Paella Fest,” bringing a piece of South Florida to Tallahassee. On Monday, the Governor held a Press Conference on Everglades Restoration Projects in Palm Beach County with Senator Marco Rubio, Congressman Brian Mast, Congressman Byron Donalds, DEP Secretary Shawn Hamilton, and SFWMD Chairman Chauncey Goss. Governor Desantis discussed how Everglades restoration remains a top priority for his Administration this year to preserve the livelihood of Florida’s ecosystems. The projects for restoration include an estimated $2.5 billion investment. 

Sovereign Immunity Moving Quickly in Both Chambers  

CS/HB 985-Sovereign Immunity by Rep. Beltran and CS/SB 974-Sovereign Immunity by Sen. Gruters was heard on Monday in House Appropriations and Senate Judiciary.

HB 985 bill waives sovereign immunity for tort claims brought against the state, its agencies, or subdivisions, by increasing the per person limit amount from $200,000 to $1 million and eliminating the current per incident limit of $300,000.  The bill requires a final judgment exceeding $1 million per person to be reported to the Legislature. 

The bill prohibits an insurance policy from conditioning the payment of benefits on the Legislature's enactment of a claim bill. 

The bill is retroactive.  Specifically, in determining liability limits for a claim, the bill mandates that the limitations of liability in effect on the date the final judgment is entered will apply. The bill authorizes the Department of Financial Services to annually adjust the $1 million cap beginning July 1, 2023, to reflect the changes in the Consumer Price Index for the Southeast or a successor index as calculated by the U.S. Department of Labor.  Additionally, the bill eliminates the statute of limitations for filing sexual battery actions against the state, its agencies or subdivisions, if the victim was younger than age 16 at the time of the sexual battery.  A victim meeting these requirements may present his or her claim in writing at any time and commence an action at any time.   A government entity has 3 months to resolve a claim once presented.  

Eddy Labrador, FAC Legislative Counsel, testified on behalf of FAC in opposition to HB 985.  



An amendment was adopted on the Senate version by Sen. Gruters, that changes the limits to $300,000 per injured person and $400,000 per incident. Additionally, the bill authorizes the Department of Financial Services to adjust the cap beginning October 1, 2032, and every 10 years after to reflect the changes in the Consumer Price Index for the Southeast or a successor index as calculated by the U.S. Department of Labor.  

HB 985 passed favorably (23-1) and SB 974 passed unanimously. HB 985 has one last committee stop, House Judiciary. SB 974 is on the agenda to be heard in Senate Community Affairs on Tuesday, February 8th, at 3:00PM. 

There is still time to apply!

 Applications for UF’s Florida Health Policy Leadership Academy Due February 9^th

Apply Now

Applications for the Florida Health Policy Leadership Academy are now open, through February 9^th. The FHPLA is a joint initiative between the Bob Graham Center and UF Health, with the goal of educating government and community leaders on issues across the public health discipline. Participants will receive a $1000 professional development stipend for their participation in the 12 week program, as well as continuing education credit. Last year’s Inaugural Class included Alachua County Commissioner, Mary Alford, and FAC’s very own, Eric Poole. Please see the attached flyer for additional details, or contact the Academy Director, Christopher Cogle (christopher.cogle@medicine.ufl.edu), or Experimental Learning Coordinator, Hakeem Hasan (hhasan@ufl.edu), with any questions. Applications can be submitted at the following link: https://bobgrahamcenter.ufl.edu/florida-health-policy-leadership-academy/

Bill Allowing Business Claims Against Local Governments Moves Forward in the House 

CS/HB 569- Business Damages Caused by Local Governments by Rep. McClure was heard in House Local Administration & Veterans Affairs Subcommittee on Wednesday and passed favorably (11-6) as amended. The bill was amended to match the Senate companion, CS/SB 620- Local Business Protection Act by Sen. Hutson, that passed off the Senate floor last week.

HB 569 authorizes private, for-profit businesses to claim business damages from a county or municipality of the county or municipality that enacts or amends certain ordinances or charter provisions. A business conducting business in the jurisdiction for at least 3 years may claim business damages if a county or municipality enacts or amends an ordinance or a charter that causes a reduction of at least 15% of the business’ profit.

Exempted ordinances from business damages include:

• Required to comply with state or federal law;
• Emergency ordinances, declarations, or orders under State Emergency Management Act;
• A temporary emergency ordinance in place no more than 90 days;
• Part II of Ch. 163 relating to growth policy, planning, and land development regulations, including zoning, development orders, and development permits;
• Florida Building Code (s.553.73);
• Florida Fire Prevention Code (s.633.202);
• Required to implement a contract or agreement, including federal, state, local grant;
• Relating to issuance or refinancing of debt;
• Relating to adoption of a budget or budget amendment, including revenue sources necessary to fund the budget;
• Relating to procurement;
• Intended to promote, enable, or facilitate economic competition.

Furthermore, the bill specifies the procedures and methodologies for a business to recover business damages, attorney fees, and costs against a local government. Businesses must comply with a required 180-day presuit notice and settlement period. The business must provide copies of the business’ records and potential additional data. A local government must accept, reject, or make a counteroffer within 120 days of receiving the offer, and may include an offer to grant a waiver to the application of the ordinance or charter provision.

A business must file an action within one year after the effective date of the relevant ordinance, ordinance amendment, or charter provision. A local government has the opportunity to cure by repealing the ordinance, amending the ordinance to the form before the business claim arose within 30 days, providing a waiver from enforcement of the ordinance to the business that asserted the claim for damages, or concerning county charters, providing notice of intent to repeal or amend, and voters repeal or amend the charter provision at an election within 90 days after publication of the notice.

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. A business must file an action within one year after the effective date of the relevant ordinance, ordinance amendment, or charter provision. The amount of business damages recovered is limited to the present value of the business’s future lost profits for the lesser of seven years or the number of years the business has been in operation in the jurisdiction before the ordinance was enacted or amended. The court may award reasonable attorney fees and costs to the prevailing party. Lastly, the bill applies only to county ordinances or charter provisions enacted or amended on or after the effective date of this act.

The bill will head to its final committee stop before reaching the House floor, House Judiciary.

Wage Mandate Legislation Passes in Both Chambers

On Thursday, the House Regulatory Reform Subcommittee considered CS/HB 943- Preemption of Local Government Wage Mandates, by Rep. Harding, relating to local wage mandates. 

As filed, the bill substantially rewrote s. 218.077, F.S., to prohibit local governments from enacting any local wage mandate that established a minimum wage greater than the minimum wage established under Article X, §24, of the State Constitution (the Florida Minimum Wage Constitutional Amendment).

The term "wage mandate" is defined as a requirement enacted (whether by charter, ordinance, purchase agreement, contract, regulation, rule, or regulation) by a political subdivision requiring an employer to pay any or all its employees a wage rate not otherwise required by state or federal law. The bill voids any wage mandate that conflicts with the bill's requirements. Additionally, the original bill removed certain exceptions in current law including: 1) allowing political subdivisions to set a higher minimum wage or require employment benefits when it contracts with an employer (including its subcontractors) to provide goods and services to the political subdivision; 2) allowing a political subdivision to specify a higher wage rate when it provides an employer with an a direct tax abatement or tax subsidy; and 3) excepted domestic violence or sexual abuse ordinances from the preemption in current law.    

Last week, the bill was amended and deleted the definition of "employer contracting to provide goods or services for the political subdivision" and removes the statutory exception allowing local governments to require a different minimum wage for employees, or the employees of a subcontractor, of an employer who contracts to provide goods and services to the subdivision. The amendment also restored other exceptions (i.e., tax subsidy or abatement, and domestic violence or sexual abuse ordinances) deleted in the original bill, and does not limit, restrict, or expand a prevailing wage required under state law. The amendment also restores an exception under current law that allowed a subdivision to comply with the federal Davis-Bacon Act to allow receipt of federal funds.

This week, Eddy Labrador, FAC Legislative Counsel, testified on behalf of FAC in opposition to the bill.

HB 943 passed in Committee favorably (11-6) and moves to the last committee stop, House State Affairs.

In the Senate, the Community Affairs Committee reheard CS/SB 1124- Preemption of Local Government Wage Mandates the companion bill by Sen. Gruters. The Committee took up an identical strike-all amendment and adopted it. The Committee voted on the bill with a vote of 5-3 after being temporarily postponed last week. The bill awaits its second committee stop, Senate Commerce and Tourism.

Both Chambers Approve House and Senate Maps



CS/SB 100- Joint Resolution of Apportionment by Sen. Rodrigues (R) was heard on the House and Senate floor this week. Legislators voted to approve the House and Senate maps with a vote of 37-0 in the Senate and 77-39 in the House. The bill includes the following maps:

House Map in CS/SB100-Joint Resolution (H000H8013):

Senate Map in CS/SB100-Joint Resolution (S027S8058):

Broadband Initiatives Receive Support in the House Chambers

HB 1543- Broadband Infrastructure by Rep. Tomkow passed favorably in its first Subcommittee, Tourism, Infrastructure, & Energy. FAC opposed the bill. HB 1543 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.

The bill directs the Secretary of the Department to apply for $100 million in federal funding from the Coronavirus Capital Projects Fund, and directs any such funds received to be placed into the Broadband Pole Replacement Trust Fund, created by linked bill, HB 1545- Trust Funds/Broadband Pole Replacement Trust Fund/DEO by Rep. Tomkow . FAC opposed the bill. For the 2022-2023 fiscal year, the bill appropriates $400 million in nonrecurring funds from the General Revenue Fund to the Department for the purpose of administering the Broadband Opportunity Program.

FAC opposes $100 million for pole replacement without metrics to measure broadband deployment outcomes in unserved areas. FAC is strongly concerned about the eligibility and reporting requirements of the Pole Replacement program with a potential for federal claw-back per US Treasury guidance.

FAC opposes funding for the Opportunity Grants Program without significant reform including:

• Language enabling competition
• Eligibility expansion to include local governments and/or P3s
• Removal of strict limitations rendering grant program ineffective
• FAC is concerned that current language limits (handcuffs) state/DEO’s ability to apply for full Coronavirus Capital Projects Funding; limited to $100 million of state share, $366 million; detailed state plan due September 2022
• The bill does not reflect a holistic, collaborative approach to expanding broadband deployment throughout unserved and underserved Florida.

New Standards for Cybersecurity Move Forward Unanimously in the Senate

CS/SB 828- Critical Infrastructure by Sen. Hutson passed favorably (5-0) in its first Committee, Governmental Oversight and Accountability. The bill creates the Critical Infrastructure Standards and Procedures Act. It states that standard definitions of the security capabilities for system components are necessary to provide a common language for product suppliers and other control system stakeholders and to simplify the procurement and integration processes for the computers, applications, network equipment, and control devices that make up a control system. CS/SB 828 acknowledges the United States National Institute of Standards and Technology Cybersecurity Framework (NIST CSF), which references several relevant cybersecurity standards, including the International Society of Automation ISA 62443 series of standards, as an appropriate resource for use in establishing such standard definitions. The bill explains requirements for a local government asset owner to meet. Lastly, it requires the Florida Digital Service, in consultation with the Florida Cybersecurity Advisory Council (FLDS), to adopt rules to implement the act.

A committee bill, SAT2 - Cybersecurity was filed this week and passed unanimously (14-0) in the State Administration & Technology Appropriations Subcommittee. Upon passage, the proposed committee bill was filed as HB 7055. The bill prohibits state agencies and local governments from paying or otherwise complying with a ransomware incident. The bill requires counties and municipalities (local governments) to:

• Report cybersecurity and ransomware incidents to the sheriff and State Watch Office (SWO) within the Division of Emergency Management;
• Submit after action reports to FLDS following a cybersecurity or ransomware incident; Require employees to undergo certain cybersecurity training within 30 days of employment and annually thereafter; and
• Adopt cybersecurity standards that safeguard the local government’s data, information technology (IT), and IT resources.

The bill requires the SWO to forward all information received pursuant to an incident notification to FLDS and the Florida Department of Law Enforcement (FDLE). FLDS and FDLE are authorized to aid the local government in its response to the incident. In addition, FLDS must provide all information received pursuant to a cybersecurity or ransomware incident to the Florida Cybersecurity Advisory Council (CAC). The bill requires state agencies to provide cybersecurity training on an annual basis, report ransomware incidents to FLDS within 12 hours, and submit after action reports to FLDS following a cybersecurity or ransomware incident. FLDS must provide the after action reports to the CAC. The bill expands the purpose of the CAC to include advising local governments on cybersecurity and requires the CAC to examine reported cybersecurity and ransomware incidents to develop best practice recommendations. The CAC must submit an annual comprehensive report regarding ransomware to the Governor and Legislature. The bill establishes penalties and fines for certain ransomware offenses against a government entity.

The linked bill, SAT3 Public Records and Public Meetings, was filed this week and passed unanimously (14-0). Upon passage, the proposed committee bill was filed as HB 7057. It 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. This bill creates a public record exemption for all information related to a cybersecurity or ransomware incident held by a local government, state agency, or sheriff pursuant to the above-described reporting requirements to the extent disclosure would facilitate unauthorized access to or unauthorized modification, disclosure, or destruction of:

• Physical or virtual data or information; or
• Information technology (IT) resources, including information relating to the security of a local government’s technologies, processes, and practices designed to protect networks, computers, data processing software, and data from attack, damage, or unauthorized access; or physical or virtual security information that relates to a local government’s existing or proposed IT systems.

The bill authorizes the release of the above-described information by a local government, state agency, or sheriff in certain instances. 

COPCN Exemption Advances in Senate; House Counterpart Stagnates

CS/SB 1144 - Advanced Life Support Nontransport Services and Medical Countermeasures by Sen. Brodeur passed unanimously (10-0) in Senate Health Policy on Wednesday. The bill would exempt the first responders of eligible government fire rescue entities from Certificate of Public Convenience and Necessity (COPCN) requirements with regard to licensure for advanced life support services. FAC waived in opposition—concerns center on the fact that it distorts the continuum of care and undermines the authority of a given county’s Common Medical Protocol. Moreover, one section of the bill prohibits counties from limiting, financially or otherwise, these government entities from providing advanced life support services. This could be interpreted to conflict with ordinances by certain counties requiring advanced life support services to carry insurance in excess of the coverage required by DOH. A similar counterpart in the House, HB 1321 by Rep. Melo, was referred to House Professions and Public Health on January 14.

Smoking Measure Blazes Through Second House Stop; Senate Playing Catch Up

HB 105- Regulation of Smoking by Counties and Municipalities by Rep. Fine passed unanimously (16-0) in the House Environment, Agriculture, and Flooding subcommittee for Thursday. The Senate version, SB 224 by Sen. Gruters, previously passed favorably (8-0) in Senate Community Affairs in November. It is on the agenda for Senate Environment and Natural Resources for Monday, February 7. The bills authorize county and municipal governments to restrict smoking and/or vaping within the boundaries of any public park or beach under their jurisdiction. The bills also rebrand the Florida Clean Indoor Air Act as the Florida Clean Air Act to reflect this broader application proposed by the bills. FAC waived in support of the bill.

Law Enforcement Benefits Bill Shoots Through House Committee

CS/HB 3 - Law Enforcement Officer, Benefits, Recruitment, and Training by Rep. Leek passed unanimously (25-0) in House Appropriations on Monday. The bill, purportedly in response to understaffing and recruiting challenges faced by state law enforcement, provides for a series of benefits, financial incentives, educational and training opportunities, and service recognition for state of Florida law enforcement bodies. These include:

• The Florida Law Enforcement Recruitment Bonus Program, which provides for a one-time signing bonus of up to $5,000 for newly employed law enforcement officers
• The Florida Law Enforcement Academy Scholarship Program, which covers up to $1,000 in tuition and fees for enrollment in any basic recruit training program
• A $25,000 benefit for law enforcement officers who adopt a special needs child from within the State’s child welfare system, or $10,000 for law enforcement officers who similarly adopt a child without special needs
• Scholarship opportunities for dependent children of a law enforcement officer to attend private school.
• Base salary increases for each county sheriff of $5,000
• Exemption from the basic skills test for veterans and applicants with an associate degree or higher
• A requirement that law enforcement officers receive training in health and wellness principles, both upon initial certification training and for continued employment training
• Designation of May 1 of each year as “Law Enforcement Appreciation Day”

Law Enforcement Vehicle Insurance Requirements on the Move in House

HB 139- Motor Vehicle Insurance by Rep. Fabricio passed unanimously (23-0) in House Appropriations on Monday. Its Senate companion, SB 266 by Sen. Diaz, passed unanimously (10-0) in Senate Banking and Insurance on January 25. Following its favorable reporting in Banking and Insurance, the bill was referred to Appropriations. These bills require that any agency employing law enforcement officers and operating a “Vehicle Take-Home" Program provide motor vehicle insurance for travel to and from work, or any duties within the scope of their employment. The bills provide exemption for coverage if the law enforcement officer makes a distinct deviation from their route for a nonessential errand OR the law enforcement officer acts in bad faith or with malicious intent, or exhibits wanton or willful disregard for human rights, safety, or property. 

Legislation Revising Building Inspection Services Advances in Both Chambers

CS/CS/SB 644- Building Inspections by Sen. Brodeur was heard in Senate Regulated Industries and CS/HB 423- Building Inspection Services by Rep. LaMarca was heard in House Local Administration & Veterans Affairs Subcommittee.

Both bills provide that an individual may sit for building inspector or plans examiner licensure test by completing a 4-year internship with a private entity and under direct supervision of a licensed building official. Additionally, the Building Code Administration and Inspectors Board (BCAIB) must create a rule establishing the partial completion of an internship program may be transferred between local governments or private entities. The bill prohibits the BCAIB from issuing a provisional license with a special condition or requirement that such licensee be employed by a municipality, county, or other local government agency.

The bills require local governments to provide equal access to all permitting and inspection documents to a private provider, owner, and contractor if an owner or contractor retains a private provider.

Both bills passed unanimously. SB 644 and HB 423 move to their last committee stops, Senate Rules, and House Commerce, respectively.

Legislation Requiring Building Inspection Criteria Advances Unanimously in Senate Committees

CS/SB 1702- Mandatory Building Inspections by Sen. Bradley was heard in Senate Community Affairs on Tuesday. The bill establishes a mandatory structural inspection program for multi-family residential buildings in the state of Florida.

The bill requires multi-family residential buildings greater than 3 stories and larger than 3,500 square feet are required to have a “milestone inspection” once the building reaches 30 years in age, and every 10 years thereafter. If the building is within 3 miles of coastline the requirements drop to 20 years in age, and every 7 years thereafter. Inspections must be done by a licensed architect or engineer. The bill provides for a two-phase milestone inspection process including a visual inspection and a structural distress inspection if a visual inspection warrants a second phase.

Additionally, a licensed engineer or architect must submit a copy of their inspection report to the building owner or board of a condominium or cooperative, and the building official in the jurisdiction of the building. Condominium or cooperative boards must distribute the report to all unit owners.

The bill also requires the Florida Building Commission to establish comprehensive structural and life safety standards beyond the bill’s requirements for maintaining and inspecting all building types, and to make them available for adoption by local governments at their discretion.

The bill passed unanimously and makes its way to its final committee stop, Senate Rules.

A House Committee bill was filed this week with similar language to SB 1702. SB 7042 - Community Association Building Safety was heard in Regulated Industries on Tuesday. The bill requires milestone inspections, revises maintenance obligations for condominium and cooperative associations, and revises requirements for the funding of reserves. SB 7042 passed unanimously and will move to its final committee, Senate Appropriations.

Legislation to Resolve Construction Defect Claims Narrowly Passes in Senate



CS/CS/SB 736- Construction Defect Claims by Sen. Hutson passed favorably (6-4) in Senate Rules. 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 bill will be considered on the House floor. 

Election Bill Heard in the Senate and House, Passes Both Committees

CS/SB 524- Election Administration by Sen. Hutson in Senate Ethics & Elections on Tuesday. Among many other changes to the Election Code, a few changes include, creating the Office of Election Crimes and Security within the Department of State and increasing the amount of total fines that may be assessed against a third-party voter registration organization.

Further, the bill prohibits ranked-choice voting in the state of Florida for the nomination of any candidate to any local, state, or federal office. Any existing or future or ordinances enacted by a local government allowing ranked-choice voting is void. Ranked-choice voting is a method that allows voters to rank candidates for office in order of preference, following multiple rounds until a single candidate attains a majority. SB 524 passed (5,3) and heads to its last committee, Senate Appropriations.

Additionally, a House Committee bill was filed, PIE3 – Elections in House Public Integrity & Elections, and passed favorably (12-6) on Thursday. The bill also includes similar changes to the Election Code similar to SB 524. The Committee bill includes a section relating to single-member districts. The bill would require Commissioners elected in single-member districts to run for re-election following decennial redistricting, excludes Miami-Dade County, charter counties with redistricting, and every county in which voters have not voted to impose term limits, regardless of any judicial nullification of such vote. 

Bills to Promote Agritourism Maintain Favor in Both Chambers



SB 1186- Agritourism by Sen. Albritton passed unanimously (8-0) in its second Committee, Finance and Tax. The bill now moves to its last Committee, Appropriations. SB 1186 revises legislative intent regarding the promotion of agritourism by removing the term “secondary” to classify streams of revenue and thereby allowing for the agritourism use to be the primary stream of revenue. Additionally, it prohibits denial or revocation of a property's agricultural classification based on the conduct of agritourism activity on a bona fide farm. The bill specifies the criteria for land to be considered agricultural in nature, which shall be assessed by a property appraiser. The House companion, HB 717- Agritourism by Rep. Tomkow, also received unanimous (13-0) approval in House Ways & Means Committee. 

Improvements to Water Quality Enhancement Areas Receive Favorable Support in Both Chambers

CS/SB 1426- Water Quality Enhancement Areas by Sen. Burgess passed favorably (4-1) in its first committee, Environment and Natural Resources. The bill creates the concept of water quality enhancement areas (WQEAs). The bill provides that construction, operation, management, and maintenance of a WQEA must be approved through the environmental resource permitting (ERP) process. The bill sets out requirements for a water quality credit program based on the development of WQEAs and authorizes the Department of Environmental Protection (DEP) to develop rules to implement the program. An amendment was adopted, which clarified that Water quality enhancement credits may be sold only to governmental entities. The amendment also removes the prohibition against water quality enhancement credits used to compensate for wetland or other surface water impacts. The bill adds that DEP may enter into agreements and contracts with public or private entities to accept and expend donations, grants of funds, and payments to expedite the dredge and fill permit or ERP evaluation process. SB 1426 appropriates $2.04 million in recurring funds to create 24 full-time positions to evaluate these dredge and fill permits and ERPs. Lastly, it makes clarifications regarding incentives for the use of graywater technologies. The House Companion, HB 965 - Environmental Management by Rep. Truenow passed favorably (16-1).

Resiliency Efforts Take Off in Both Chambers

CS/SB 1940- Statewide Flooding and Sea Level Rise Resilience by Sen. Brodeur passed unanimously (5-0) in its first Committee, Environment and Natural Resources. 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 House Companion, EAF1 - Statewide Flooding and Sea Level Rise Resilience passed unanimously (17-0). Upon passage, the proposed committee bill was filed as HB 7053. FAC waived in support of the bill.

Sanitary Sewer Laterals Legislation Moves Forward in Senate

SB 608- Sanitary Sewer Lateral Inspection Programs by Sen. Brodeur passed unanimously (9-0) in Community Affairs. The bill authorizes counties and municipalities to access sanitary sewer laterals within their jurisdiction for specified purposes. It requires counties and municipalities to notify private property owners within 14 days if county or municipality intends to access owner's sanitary sewer lateral. Counties and municipalities that establish programs are legally and financially responsible for all work done, including repair work. SB 608 provides requirements for any repair work done to a sanitary sewer lateral. The bill requires counties and municipalities that establish programs to consider economical methods for counties and municipalities. The bill authorizes programs established by county or municipality to use state or local funds allocated for environmental preservation or protection of water quality. Lastly, it defines the term "continuous monolithic pipe system" as a pipe system with no joints or seams, including all points where it connects to the structure, the mainline, and the cleanout.

The House Companion, HB 303 - Sanitary Sewer Lateral Inspection Programs by Rep. Truenow, has not been heard.

Bill Restricting Local Governments from Seeking Liquidated Damages Clears the first subcommittee House

CS/HB 1241- Local Government Solid Waste and Recycling Collection Services by Rep. Hawkins passed (15-2) in its first Subcommittee, House Local Administration & Veterans Affairs. The bill amends the current statute on local government solid waste responsibilities and provides that no local government may seek liquidated damages, administrative fees, or other similar charges against a public or private solid waste management or recycling entity for any action or inaction of the entity when a local, state, or federal emergency is in effect and materially affects the ability of the solid waste management or recycling entity to provide residential municipal solid waste or recycling services. FAC opposed the bill. A similar bill, SB 1944 - Local Governmental Actions Against Public or Private Waste Entities, by Sen. Baxley has not been heard.

“PFOS” Bill Receives Moves in Both Chambers



HB 1475- Cleanup of Perfluoroalkyl and Polyfluoroalkyl Substances by Rep. McClure passed unanimously (17-0) in the House Environment Agriculture & Flooding Subcommittee. FAC supported 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. SB 1418 - Soil and Groundwater Contamination by Sen. Albritton was temporarily postponed for the second week in a row. However, SB 7012 - Per-and Polyfluoroalkyl Substances Task Force was heard during the Senate Appropriations Subcommittee on Agriculture, Environment, and General Government. The bill was amended to match HB 1475. SB 7012 passed unanimously and now heads to Senate Appropriations. 

Homestead Exemption for Critical Workers Passes First House Committee

A committee substitute for HJR 1- Additional Homestead Property Tax Exemption for Specified Critical Public Services Workforce by Rep. Tomkow passed unanimously (15-0) in Ways and Means on Monday. The committee substitute revised the proposed constitutional amendment to limit the application of the exemption to only non-school levies. Previously this limitation was only with a part of the implementing bill. Its linked bill, HB 1563, similarly passed (14-0) in Ways and Means on Monday. HB 1563 was amended to provide for a distribution to Fiscally Constrained Counties to offset the impacts of the additional homestead exemption eligible to persons in certain professions provided by HJR 1. The distribution begins in 2023-24.

The Senate companion, SB 1746 and its linked bill, SB 1748, by Sen. Brodeur, both passed unanimously (9-0) in Community Affairs on Tuesday, January 25^th. The bills remain in Finance and Tax. SB 1746 and HB 1, 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
• Child Welfare Services Professionals
• Active-Duty Military
• Members of the Florida National Guard

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.

FAC’s Deputy Director of Public Policy, Bob McKee, spoke in opposition to the House version this week, expressing concern over the shifting tax burden (to renters and non-qualified professional groups) and the burgeoning bureaucracy needed to process claims of exemption.

Tax Exemption for Construction Equipment Rolls Through House Committee

HB 751- Ad Valorem Taxation of Construction Equipment by Rep. Clemons passed favorably (21-5) in House Appropriations on Monday. This bill provides that construction equipment, owned by a heavy equipment rental dealer for sale or short-term rental qualifies as “inventory” exempt from ad valorem taxation, but only for non-school levies. No other property held as inventory has either an ownership test or a differing treatment for school and non-school.

Bill to Protect County Attorneys' Personal Identifying Information Moves in Senate, Amended to Include Deputy County Attorneys

On Tuesday, the Senate Community Affairs took up CS/SB 1420- Public Records/County and City Attorneys by Sen. Burgess, which seeks to protect the personal identifying information of current and former county attorneys, deputy county attorneys, assistant county attorneys, city attorneys, and assistant city attorneys through a public records exemption. The bill provides an exemption from disclosure as public records under Article I, §24, of the State Constitution and the state's Public Records Act for the following personal information of current and former county attorneys, deputy county attorneys, assistant county attorneys, city attorneys, and assistant city attorneys:

• Home addresses, telephone numbers, places of employment, and dates of birth;
• Names, home addresses, telephone numbers, places of employment, and dates of birth of their spouses and children; and
• Names and locations of schools and day care facilities attended by their children.

However, the public records exemption does not apply to any current and former county attorney, deputy county attorney, assistant county attorney, city attorney, and assistant city attorney who qualifies for election to public office. As required by the State Constitution, the bill includes a statement of public necessity for the exemption. The exemption is subject to review under the Open Government Sunset Review Act and the exemption is repealed effective October 2, 2024, unless reviewed and reenacted by the Legislature prior to that date.

FAC waived in support of the bill. The Committee passed the bill unanimously (9-0). The bill next heads to the last committee, Senate Rules Committee. The House companion measure, HB 1213- Pub.Rec./Current or Former County and City Attorneys by Rep. Arrington, awaits its first hearing before the House Civil Justice and Property Rights Subcommittee.

Assisted Living Facilities Tax Exemption Advances in Both Chambers

SB 362- Ad Valorem Tax Exemption for Nonprofit Homes for the Aged by Sen. Rodriguez was heard Tuesday by the Senate Community Affairs Committee and passed unanimously (9-0). The bill is expected to move on now to Senate Finance and Tax. Its House counterpart, HB 401 by Rep. D. Smith, passed unanimously (15-0) in House Ways and Means on Monday. The bills would revise the eligibility requirements for non-profit homes for the aged to receive an ad valorem property tax exemption. Specifically, they expand the exemption eligibility to an additional class of not-for-profit, limited partnerships: those operated by any entity wholly owned by a not-for-profit corporation.

House Subcommittee Green Lights Homestead Tax Revision

A committee substitute for HB 1345- Homestead Tax Exemptions by Rep. McFarland made its way through the House Local Administration and Veterans’ Affairs subcommittee, after passing unanimously (16-0) on Wednesday. The bill revises the interest rate formula and lessens the penalty applied to property owners who unlawfully claimed a homestead tax exemption.

Legislation Relating to Civil Actions for Deprivation of Rights, Privileges, or Immunities Passes in First House Committee

CS/HB 829- Civil Actions for Deprivation of Rights, Privileges, or Immunities by Rep. Byrd was heard for the first time in House Civil Justice & Property Rights Subcommittee on Wednesday morning. The bill creates a state equivalent to a section 1983 civil cause of action with respect to some of the provisions within the State Constitution. Specifically, the bill provides that it is unlawful for a person to, under color of law, including any statute, ordinance, regulation, measure, directive, rule, enactment, order, or policy, whether written or unwritten:

• Promulgate or cause to be enforced any statute, ordinance, regulation, measure, directive, rule, enactment, order, or policy, whether written or unwritten, that deprives any resident of the state or other person within the state’s jurisdiction of any rights, privileges, or immunities secured by article I, sections 3, 4, 5, or 8 of the State Constitution; or
• Otherwise cause any state resident or other person within the state’s jurisdiction to be subjected to the deprivation of any rights, privileges, or immunities secured by article I, sections 3, 4, 5, or 8 of the State Constitution.

A person who violates the bill’s provisions is liable to the injured party in a civil action, but injunctive relief may not be granted in an action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity unless a declaratory decree is violated or declaratory relief is unavailable. The bill waives sovereign immunity for the state and its agencies and political subdivisions for causes of action brought under the bill.

HB 829 passed favorably (11-5) and awaits its next committee hearing, House Public Integrity & Elections. The Senate companion, SB 1342- Civil Actions for Deprivation of Rights, Privileges, or Immunities by Sen. Diaz, has not been heard. 

Affordable Housing



Affordable housing is a continual obstacle for Floridians. Per FY21 data, a full-time hourly worker making minimum wage, $8.65 at the time, would need to work 93 hours a week to afford a modest 1-bedroom rental.

This issue has become extremely evident in metropolitan areas. Florida’s most populous county, Miami-Dade, is currently working on investing $260 million into housing options for its residents, including 14,000 units of affordable housing in development. These solutions follow years of suffering experienced by rental and homeowners in Miami. According to Florida International University’s report, "Miami's Housing Affordability Crisis," six in 10 employed adult residents of Greater Miami spend more than 30 percent of their incomes on housing, which is the highest rate of any large metro area in the nation.

For more information and data following Miami’s housing crisis, click here.

For a full report on Florida’s housing issues by county, click here.

Resources:

Miamis_Housing_Affordability_Crisis_FNL.pdf (fiu.edu)

Miami-Dade County To Strengthen Resources To Ease Housing Crisis – CBS Miami (cbslocal.com)

In this year's proposed budget, Governor Ron Desantis allocated $355.5 million to fund the Sadowski Affordable Housing Trust Funds, which provides housing programs and economic relief. This funding includes:

• $95 million for the State Apartment Incentive Loan (SAIL) Program
• $220.5 million for the State Housing Initiatives Partnership Program (SHIP)

Resource: Freedom First Budget BudgetHighlights.pdf (freedomfirstbudget.com)

FAC has been following several bills seeking to provide relief for the affordable housing crisis, including:

SB 1150 - Taxation of Affordable Housing by Sen. Rodriguez and HB 495 – Tax Exemption for Affordable Housing. Both bills authorize counties and municipalities to grant partial ad valorem tax exemptions to property owners whose properties are used to provide affordable housing.

SB 962- Mixed-use Residential Development Projects for Affordable Housing by Sen. Bradley. 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 House companion, HB 981- Mixed-Use Residential Development Projects for Affordable Housing adopted an amendment that specifies at least 10% of the units included in the residential development project be allocated for affordable housing.



HB 245- National Infrastructure Bank by Rep. Hinson and its companion, SB 1738 by Sen. Torres, Jr. requests Congress to pass H.R. 3339, which creates a National Infrastructure Bank to finance urgently needed infrastructure projects. Affordable rental homes are among the projects.