Seventh Week of the 2024 Legislative Session  



Welcome to week 7 of the 2024 legislative session! The Countdown Clock reads 14 days until Sine Die. Bills will be heard and amended every day—stay on top of county priorities with this weekly legislative bulletin or with our comprehensive Bill Tracker.   

On Wednesday, the Senate Rules Committee Temporarily Postponed CS/SB 438 by Sen. Ingoglia, at the request of one of the committee members. The bill has once again been placed on the agenda for Monday. The committee is expected to take up an amendment filed Friday that would place a referendum on the 2024 general election ballot of every county that does not currently have 8-year term limits to determine if such limits should be imposed.  

The House version CS/CS/HB 57 by Rep. Salzman has been placed on the floor calendar for second reading.  

On Thursday, the House Commerce Committee passed HB 433 by Rep. Esposito (14-1). During committee, an amendment was adopted allowing a county, municipality, political subdivision, or special district to adopt an ordinance, order, or rule regarding employee benefits that exceed state and federal law.  

The bill still includes language that prohibits local governments, through their purchasing or contracting procedures, from seeking to control or affect the wages or employment benefits provided by its vendors, contractors, or service providers. The bill also preempts the regulation of workplace heat exposure requirements to the state. This includes employee monitoring and protection, water consumption, cooling measures, acclimatization and recovery periods or practices, and posting or distributing notices or materials relating to heat exposure, which inform employees how to protect themselves from such exposures. 

Sen. Trumbull's Senate companion CS/SB 1492 will be heard Monday in Senate Rules. The Senate version only contains the heat exposure regulation language. 

On Thursday, both the House and Senate committees passed unauthorized Public Camping and Sleeping. The Senate version CS/SB 1530 by Sen. Martin passed the Senate Fiscal Policy Committee (12-5). The House companion CS/HB 1365 by Rep. Garrison passed House Health and Human Services Committee (17-3). During both committees Delete Everything amendments were adopted, making the following changes to the bills: 

• Provides definitions for Department, Public Sleeping and Camping. 
• A county or municipality may not authorize or allow any person to engage in public sleeping or camping on public property, including public buildings or its grounds, and any public right of way 
• By a majority vote of the county’s governing body may approve a designated area of public property to be used for purposes of public camping or public sleeping for a continuous period of no longer than one year. If the designated property is within the boundaries of a municipality, this approval is contingent upon the concurrency of the municipality by a majority vote of the municipality.  
• A county designation is not effective until the department certifies the designation. In order to obtain this certification, the following must be done: 
• The county shall submit a request to the secretary of the department. 
• There are not sufficient open beds in homeless shelters in the county for the homeless population. 
• The designated property is not contiguous to a property designed for residential use by the county or municipality in the local government comprehensive plan and future land use plan. 
• The designated property would not adversely and materially affect the property value or safety of existing residential, commercial property, or children within the county or municipality.  
• Upon receiving a county request to certify a designation, the department shall notify the county of the date of receiving the request and of any omission or error within 10 days. Within 45 days of a complete application submission, they shall certify the designation; if the department takes no action, the application is deemed certified on the 45th day. 
• If a county designated county or municipal property to be used for public camping or sleeping, it must maintain the minimum standards: 
• Ensure the safety and security of the designated property. 
• Maintain sanitation: at a minimum, providing access to clean and operable restrooms and running water.  
• Coordinate with the regional managing entity to provide access to behavioral health services which must include substance abuse and mental health treatments.  
• Prohibit and enforce illegal substance use and alcohol use within the property.  
• Requiring the governmental entity to post on its website the minimum standards and procedures governing the public property within 30 day of receiving the certification.  
• The department may inspect the property at any time and recommend closure if standards are not being met. If closure is applicable, this notice must be published on the county and municipality website within 5 business days of receiving the notice.  
• Exempted a fiscally constrained county or a municipality from complying with specified minimum standards and procedures required under the bill.  
• A resident of the county, an owner of a business located in the county, or the attorney general may bring a civil action in any court of competent jurisdiction against the county or applicable municipality for violation of allowing public sleeping and camping on public property.  
• Required a person who applies for an injunction to provide an affidavit attesting that he or she  
• Has provided notice of such a violation to the county or municipality  
• The county or municipality failed to cure such violation within five business day 
• The county or municipality has failed to take all reasonable actions within the limits of its governmental authority to cure the alleged violation within 5 business days of receiving written notice. 
• This does not apply when the governor or the county has declared a state of emergency.  

On Thursday, the Senate Appropriations Committee unanimously passed CS/SB 472 by Sen. Brodeur. The committee adopted an amendment that makes the following changes: 

• Removed provisions regarding the common law doctrine and home venue privilege with respect to civil actions brought against the state.  
• No longer allows for a victim who was 16 years or younger at the time of the act to bring a claim forward at any time.  
• Removes 60-day timeline frames for a claim to be filed based on the Department of Financial Services or the appropriate agency’s final disposition of a claim or final denial.  
• Maintains the 4 year statute of limitations. 

The House version CS/CS/HB 569 by Rep. McFarland is waiting to be heard in its last committee. 

On Wednesday, the Senate Rules Committee passed CS/SB 742 by Sen. Grall. (11-5) 

Under current law, a “public works project” includes construction projects funded in part or whole by state-appropriated funds. The bill revises the definition to also include projects paid for with local funding. 

Current law also preempts certain “local preferences” within the procurement phase of a public works project. This includes consideration of geographic location, wage rates, benefits, staffing levels, and recruiting or hiring from preferred sources. 

The bill would expand these preempted activities to projects involving local funds—however, a local government may still practice geographic preferences if it is the sole funding source of the project. Currently, goods, services, or work that is incidental to the public works project and other such incidental service items are excluded from this preemption. Note: The House language does not carve out geographic preferences within sole-source funded projects. 

The House version CS/HB 705 by Rep. Shoaf is waiting to be heard on the House floor. Rep. Shoaf has filed an amendment to be taken up on the house floor that will carve out geographical preferences within sole source-funded projects. 

On Tuesday, the House Appropriations Committee passed CS/CS/HB 1239 by Rep. Lopez (28-1). 

• Requires a county or municipality to authorize multifamily and mixed-use residential as allowable uses on any site owned by a county or municipality, including any zoning district permitting commercial, industrial, or mixed uses.  
• Provides that administrative approval of a proposed development does not require a public hearing or any other action by a quasi-judicial board or reviewing body.  
• Reduces parking requirements by at least 20 percent for developments within one-quarter mile of a transit stop as defined in the local government’s land development code, and the transit stop is accessible from the development.  
• Provides that “commercial use” means activities associated with the sale, rental, or distribution of products or the sale or performance of services. The term includes, but is not limited to, retail, office, entertainment, and other for-profit business activities.  
• Provides the Florida Housing Finance Corporation (FHFC) may not require that certain low-income housing tax credits or tax-exempt bond financing be a part of the funding structure for a Live Local Program project.  
• Provides the term “urban infill” has the same meaning as in s. 163.3164, F.S., and includes the development or redevelopment of mobile home parks and manufactured home communities that meet the urban infill criteria.  
• Provides the bill does not apply to proposed developments near a commercial service airport, as defined in s. 332.0075(1), F.S.  

The Senate version CS/CS/SB 328 by Sen. Calatayud has been passed off the Senate floor and is in House messages. 

On Thursday, the Senate Fiscal Policy Committee passed CS/CS/SB 684 by Sen. DiCeglie (14-2) 

During committee, there was a late-filed amendment that made the following changes: 

• Removed language regarding expedited building permits.  
• Provides new audit requirements for private providers. 
• Prohibits a local government from requesting a waiver to be signed by a fee owner to review an applicant building permit application.  

The House version CS/CS/CS/HB 267 by Rep. Esposito is waiting to be heard on the House floor.  

On Tuesday, the Senate Finance and Tax Committee passed CS/CS/SB 1456 by Sen. Rodriguez unanimously. The bill specifically addresses the Florida Keys and City of Key West Areas of Critical State Concern. 

The bill allows Monroe County to utilize surplus funds from tourist development and tourist impact taxes for affordable housing purposes. Use of these funds is capped at $35 million, subject to approval by the county commissioners. This housing must be accessible to employees of private sector tourism-related businesses and remain affordable for a minimum of 99 years. 

Additional changes include revisions to hurricane evacuation clearance time criteria, authorization for land authorities to enforce income limitations on conveyed land for affordable housing through perpetual deed restrictions, and an exemption for certain counties or municipalities from specific requirements related to local housing assistance trust funds if designated as areas of critical state concern within the past five years. 

CS/CS/SB 1456 is scheduled for its final committee stop, Senate Appropriations, next Tuesday. The House companion, CS/CS/CS/HB 1297 sponsored by Rep. Mooney, has passed its committees of reference and awaits scheduling on the floor. 

On Thursday, the House Commerce Committee passed CS/HB 1419 by Rep. Tuck unanimously. The bill was amended to provide that county ordinances or charter provisions that preempt or revoke a municipal comprehensive plan or land development regulation violate the state or local government cooperation requirement of s. 163.3204. 

Furthermore, this provision is retroactive to June 1, 2020, and any ordinance or charter provision commenced after June 1, 2020 is deemed null and void. This provision would negate locally proposed and adopted charter amendments voted on by the entire county, including voters in municipalities, seeking to regulate growth management through a county charter review process. 

The Senate companion, CS/CS/1420 by Sen. Burgess, is waiting to be heard on the floor and does not contain the amended provisions from the House bill. 

On Tuesday, SB 1624 by Sen. Collins passed (6-3) the Appropriations Committee on Agriculture, Environment, and General Government.  

The bill includes a preemption of local government zoning of natural gas facilities. Specifically, it provides that a natural gas “resiliency facility” is a permitted use in all commercial, industrial, and manufacturing land use categories. The local government may still require certain setback and landscaping criteria for the facility, provided that the requirements are not more stringent than those imposed on similar uses within those land use categories. 

The House companion, HB 1645 by Rep. Payne, recently passed its final committee of reference, House Commerce. 

On Tuesday, HB 1417 by Rep. Buchanan unanimously passed its final committee of reference, House Appropriations. Meanwhile, the Senate version, SB 1638 by Sen. Hutson passed unanimously off the Senate floor and now heads to House messages. 

The bills direct the Department of Revenue to distribute 96% of the 2021 gaming compact revenues to land conservation and water infrastructure projects. To guide water projects under this section, the bill creates a 5-year water quality work program and water quality revolving loan fund. The bill also appropriates $5 million for planning of project criteria and priorities under the water quality work program. 

Funding highlights include: 

• 32% of the gaming compact revenues to the Department of Agriculture & Consumer Services (DACS) for land acquisition, with priority given to Florida Wildlife Corridor properties  
• 32% of the gaming compact revenues for land management activities, further subdivided as follows: 
• 55% to the Fish and Wildlife Conservation Commission 
• 27% to the Incidental Trust Fund within DACS  
• 9% to the Department of Environmental Protection (DEP) for the Local Trail Management Grant program 
• 9% to DEP’s State Park Trust Fund for land management within state park properties 
• 32% of the gaming compact revenues to DEP to implement the Water Quality Work Plan and provide initial funding for the Water Quality Revolving Loan Fund 

On, Tuesday the Senate tax package, SB 7074 was heard in Senate Appropriations Committe and was passed favorably with a committee substitute. The substitute allows clerks of court to utilize funding for various court-related functions, including improving court technology and reduces the amount of fees distributed to the General Revenue Fund. 

The senate tax package offers various changes across different tax categories and other areas. This tax package carries a local government revenue reduction by $97.8 million ($51.8 million recurring). See the chart below for a breakdown of tax cut allocations.

SB 7074 awaits its next committee stop in the Senate Appropriations committee earlier next week. 

The House tax package, HB 7073, passed on Tuesday, before moving onto the House floor after one committee stop. The adopted committee substitute mandates insurers to offer homestead property owners a deduction of 1.75% on their residential property insurance premiums for policies effective between October 1, 2024, and September 30, 2025. Returning to 2% in the following years. Policyholders eligible for the deduction but who did not receive it can apply for a refund by providing evidence of their property's homestead status. Insurers can offset their insurance premium tax liability by the deducted amount, with the option to carry forward unused credits for up to 5 years. 

The Department of Revenue is authorized to audit insurers offering deductions, with potential assistance from the Office of Insurance Regulation for technical audits. Additionally, the Office of Insurance Regulation gains authority to examine reported insurer information and enforce compliance. Insurers must submit quarterly and annual reports on policies receiving deductions and the total deduction amount. Emergency rules can be adopted by the Department of Revenue and the Office of Insurance Regulation as necessary. The House tax package carries a -$97.1 million (-$4.5 million recurring) fiscal impact on local government, and the chart provided below will give a tax allocation breakdown of the bill. 

On Thursday, HB 471 by Rep. Fine passed off the House floor, and now heads to Senate Messages. Current law directs a property appraiser to look to the resale market to determine the valuation of a property. If the Property Appraiser determines there is an insufficient number of resales, they may use the original sale price minus the administrative costs of the sale.  

Under this bill, the property appraiser is directed to defer to the property owner regarding the methodology for valuation—whether the resale market or the original purchase price. It is important to note that valuations from the resale market range from 40-75% lower than those of the purchase price valuation. This is likely due to the number of “distressed sales” arising from timeshare properties—as property owners seek to get out of often rigid timeshare contracts. The revised methodology would result in a $171 million local impact for FY 2024-25. 

On Wednesday, the House State Affairs Committee passed CS/HB 1547 by Rep. McClure (16-5). Meanwhile, on Thursday, the Senate Fiscal Policy Committee passed CS/SB 1628 by Sen. Collins (0-0). The committee adopted an amendment adding private parties to the list of exemptions. 

The bill revises the exemption categories from 2023’s SB 170. Under current law, certain growth management activities are exempt from the requirements of SB 170. This bill would remove planning, zoning, and land use regulation activities under Ch. 163, F.S. from the list of eligible exemptions, with the exception of development orders and permits. In the House bill, these activities will be subject to the full requirements of SB 170; in the Senate bill, they will only be subject to the business impact statement requirement—not the legal challenge. 

On Wednesday, the House State Affairs Committee passed (17-4) CS/CS/CS/HB 927 by Rep. Trabulsy which addresses a number of concerns with the Property Assessed Clean Energy, or PACE, program. This was the bill’s final committee of reference—it has already been added to the House second reading agenda for next Tuesday. 

The PACE program allows residential and commercial property owners to finance eligible improvements, including energy efficiency and wind resistance projects, through assessments on their annual tax bill. 

The bill clarifies that a PACE program administrator may only offer residential financing within the jurisdiction of a county or municipality that has authorized the program by ordinance or resolution. Without this clarification, rogue program administrators may be emboldened to operate statewide with little oversight. 

The bills also expand the eligible uses of the program to include advanced wastewater treatment and flood mitigation but remove solar energy as an eligible use. Lastly, the bill tightens the consumer protections surrounding the program, including additional disclosure requirements and greater financial scrutiny on a property owner’s ability to repay. 

The identical Senate companion, SB 770 by Sen. Martin, has already passed off the Senate floor. 

On Tuesday, the Senate Appropriations Committee on Transportation, Tourism, and Economic Development Committee passed CS/CS/SB 1032 by Sen. Gruters (4-1). During the Committee, an amendment was adopted that made the following changes: 

• Revises provisions regarding persons staying clear of railroad-highway crossings when trains are approaching to include railroad track equipment and increases the penalties for such violations.  
• Revises provisions regarding vehicles going through a railroad-highway grade crossing such that they may not obstruct the passage of another vehicle, pedestrian, train, or other railroad equipment and increases the penalties for such violations.  
• Makes conforming changes to incorporate the railroad-highway grade crossing changes into the traffic infraction penalty and the driver license points statute.  
• Authorizes airports and seaports to charge the same reasonable pickup fees for both taxicabs and transportation network companies. Makes numerous technical and conforming changes.  

Its companion bill, CS/HB 7049 by Rep. McFarland, was unanimously passed in House Infrastructure Strategies Committee on Thursday. The bill initially contained language implementing quality performance score standards and directing the Secretary of Transportation to take control of the lowest performing MPO’s. An amendment removed the provision wherein the Secretary may take control of underperforming MPO’s. 

The amendments also made the following changes: 

• Allows local governments to adopt ordinances that provide minimum age requirements and obtain government-issued photographic identification cards to operate an electric bicycle. 
• Allows local governments to provide training for the operation of motorized scooters or micro-mobility devices this training can include traffic laws.  
• Removed MPO provisions 
• Provides new outlined duties the secretary of the Department of Transportation. 
• Revises provisions regarding persons staying clear of railroad-highway crossings when trains are approaching to include railroad track equipment and increases the penalties for such violations.  
• Revises provisions regarding vehicles going through a railroad-highway grade crossing such that they may not obstruct the passage of another vehicle, pedestrian, train, or other railroad equipment and increases the penalties for such violations.  
• Makes conforming changes to incorporate the railroad-highway grade crossing changes into the traffic infraction penalty and the driver license points statute.  
• Authorizes airports and seaports to charge the same reasonable pickup fees for both taxicabs and transportation network companies. Makes numerous technical and conforming changes.  
• Cost predictability for projects 500 million or over. 
• Allows for the Center for Urban Transportation advisory board to include electrical engineering, enterprise and infrastructure information technology, design architecture drafting, and workforce development. 
• Provides reporting deadlines for the Center for Urban Transportation Advisory Board  
• By January 1, 2025, the I-STREET must deliver a comprehensive report on technology and training improvements to better support persons with disabilities, utilizing paratransit services. 
• Removes the Department of Transportation and a metropolitan planning organization to agree on a later submittal date for tentative work programs. 

On Thursday, the House Infrastructure Strategies Committee passed CS/CS/HB 287 by Rep. Esposito (14-6). During committee, two amendments were adopted that made the following changes: 

• Prohibits the Florida Department of Transportation (FDOT), with specified exceptions, from annually committing more than 20 percent of the revenues derived from state motor fuel taxes and motor vehicle license-related fees to public transit projects.  
• Amends provisions relating to FDOT’s authority regarding public-private partnerships to:  
• Replace the term “public-private partnership agreement” with the term “comprehensive agreement.”  
• Require an “independent” instead of an “investment grade” traffic and revenue study prepared by a traffic and revenue expert.  
• Revise the timeframe, based on the project’s complexity, during which FDOT will accept other proposals for the same project as it received an unsolicited P3 proposal.  
• Authorize FDOT to enter into an interim agreement with a private entity proposing the development or operation of a qualifying project.  
• Limit the FDOT secretary’s power, upon written findings that a comprehensive agreement requires a term in excess of 50 years, to authorize a term of up to 75 years to projects partially or completely funded from project user fees.  
• Conforms other statutory provisions referencing to public-private partnership agreements.  
• If the department acquires land and with 10 years of the department owning that land, the previous property owner informs the department about requiring the land, the department has to respond within 60 days of receiving the letter.  
• Beginning July 1, 2024, the amount of reimbursement in any state fiscal year to the local governmental entity may not exceed $2 million  
• Provides definitions for contract documents, contractor, design engineer, traffic control plans.  
• Revises a presumption of sole proximate cause on the part of a driver of a vehicle involved in a crash within a construction zone to exclude low-THC cannabis.  

On Thursday, the Senate companion CS/CS/SB 266 by Sen. Hopper was passed through the Senate Appropriations committee. During the Appropriations committee two amendments were adopted that make the following changes.  



• Makes new provisions regarding Allegator ally toll road requiring the local government to make a comprehensive plan beginning no later than April 30, 2025, that includes maintenance and operations comprehensive plans and provide them to the Department of Transportation.  
• Adds a bus rapid transit or rail project that would result in maintaining or enhancing the level of service of the state highway system from the 20 percent threshold. 
• Changes the allowable amount a person can participate in a basic driver improvement course from 5 to 8 times in their life.  
• Provides new provisions requiring the Department of Transportation to review major traffic laws annually. 

CS/CS/SB 1226 by Sen. DiCeglie was unanimously passed on Tuesday morning in the Senate Appropriations Committee on Transportation, Tourism, and Economic Development. A delete everything amendment was adopted during the Committee that makes the following changes: 

• Revises FDOT’s areas of program responsibility by replacing:  
• Public transportation with modal development; and  
• Management and budget with work program development and budget.  
• The bill adds the following areas of program responsibility:  
• Transportation technology; 
• Statewide corridors; 
• Forecasting and performance; 
• Emergency management and  
• Safety office.  
• Removes a tiered system that correlates with the cost of the construction project to meet the required percentage threshold for funding the purchase of plant materials.  
• Requires new provisions when repurposing one or more existing traffic lanes. 
• Provides a circumstance wherein FDOT may not expend any state funds to support a project or program of a public transit provider, authority, public-use airport, or a port.  
• Provides that the remaining unallocated New Starts Transit Program funds as of July 1, 2024 must be reallocated for the purpose of the Strategic Intermodal System. This expires June 30, 2026 
• Provides that each public transit provider, by November 1, 2024, during a public meeting must annually certify that its budgeted and general administration costs are not greater than 20 percent above the annual state average of administrative costs for its respective tier; present a line-item budget report of its budgeted and actual general administration costs; and disclose all salaried executive and management level employees' total compensation packages, ridership performance and metrics, and any gift accepted in exchange for contracts.  
• Provides that a public transit provider may not expend state funds directly, indirectly, or through a grant or agreement, for any of the following marketing or advertising activities  
• Preserve future rail corridors and rights-of-way in coordination with the department’s planning of the State Highway System.  



The House version CS/CS/CS/HB 1301 by Rep. Abbott is waiting to be heard on the House floor.

On Wednesday, CS/SB 1082 by Sen. Collins passed its final Senate committee stop, Rules. The bill now heads to the Senate floor.  

The bill precludes a government entity from restricting the construction or installation of housing for agricultural workers on land classified as agricultural. Local governments are, however, authorized to require the following of a housing site: 

• Meets all federal, state, and local building standards, including Department of Health (DOH) migrant farmworker living standards. 
• Must be maintained in a neat, orderly, and safe manner. 
• May not exceed the lesser of 1.5 percent of the property’s area or 35,000 square feet. 
• 50-foot setbacks on all sides  
• May not be located less than 250 feet from a property zoned for residential use. 
• Provide screening consisting of tree, wall, berm or fence coverage at least six feet in height if the structure is within 500 feet of a residential-zoned parcel. 
• Cover access drives with dust-free material such as packed shells or gravel. 

Such housing structures constructed before July 1, 2024, are not required to meet these requirements unless the structure is changed or expanded. Housing structures are to be removed if agricultural operations cease for 365 days (following a 180-day notice period by the local government to resume operations) or if the DOH housing permit is revoked. 

On Tuesday the House Ways and Means committee heard a presentation on Tourist Development Taxes, their history, and applicable uses and purpose. 

62 out of the states 67 counties currently levy at least one tourist development tax and in this current fiscal year of 2023-2024 TDTs are projected to generate roughly 1.8 billion dollars statewide for local governments. 

The original TDT was implemented in 1977, and since then, four additional 1% taxes have been added for various purposes. Counties can levy TDTs within their boundaries or in subcounty special districts, subject to referendum approval. Some counties have TDTs in subcounty special districts. The original TDT requires the establishment of a county tourist development council and the submission of a tourist development plan. The Additional TDT can only be implemented after the Original TDT has been in effect for at least 3 years. The High Tourism Impact TDT is limited to counties meeting certain “high impact” criteria. TDT ordinances can have no maximum duration but may include expiration provisions, especially concerning public facility funding. Recent legislative changes include requiring voter approval for all TDTs and adjusting allowable uses, such as public safety reimbursement. Various bills propose adjustments to TDT use and distribution, including funding for affordable housing, film and television incentives, and limitations on funding allocation for projects. 

Most recently, in 2023, the Legislature adopted provisions: 

• Requiring all TDTs to be approved by voters in a referendum 
• Adjusting the allowable counties that can use TDTs for public safety reimbursements 

This year alone, House bills were filed proposing the following: 

• HB 1081 – Adjusting use and distribution of TDT funds in Miami-Dade county 
• CS/CS/HB 1297 – Allowing accumulated TDT revenue in Monroe County to be used for affordable housing 
• HB 1453 – Allowing TDT revenue to be used as funding for film and television incentives 
• HB 1599 – Prohibiting allocation of more than a certain percent of revenues from a single project without a supermajority vote of governing board