Week Six
February 18, 2022
The following is a brief synopsis of the key legislative actions and bill summaries for this week. Thanks for all you do!
Key Legislative Actions & Bill Summaries
Local Ordinances Amended in the House
On Wednesday, CS/HB 403 (Giallombardo) passed the House Civil Justice & Property Rights Subcommittee on a vote of 12-6. The bill was amended to match the Senate bill language (CS/CS/SB 280). The bill would impose new requirements on municipalities for adopting ordinances. The League previously worked to address many concerns with the original bill. The amended bill significantly reduces the burden on local governments for preparing a fiscal impact estimate; includes provisions to deter frivolous lawsuits; exempts several categories of ordinances from the bill’s requirements; authorizes courts to consider lifting the stay on ordinance enforcement if the local government prevails in a legal challenge and an appeal is taken; and eliminates provisions that would have changed the legal standards used by courts in assessing the validity of ordinances. (O'Hara)
Sovereign Immunity Up Next Week (Oppose)
CS/CS/SB 974 (Gruters) will be heard in the Senate Rules Committee on Wednesday, February 23. The bill changes the current statutory limits for claims from $200,000 per person and $300,000 per incident to $1 million per person and $3 million per incident. Please contact members of the Senate Rules Committee (click here for Committee contact info) and urge them to vote NO on CS/CS/SB 974. The House companion, CS/HB 985 (Beltran), is waiting to be heard in the House Judiciary Committee. (Cruz)
No Butts About It – Smoking in Public Places Continues to Roll (Support)
On Tuesday, CS/CS/SB 224 (Gruters), relating to smoking in public parks, passed on a vote of 14-3 in the Senate Rules Committee. The bill would allow cities to restrict smoking within the boundaries of any public beach or park they own. CS/CS/SB 224 was amended to clarify that any signage posted by a city must state that smoking is prohibited except as provided by state law and include a scannable quick response code linked to state statute 386.209. The bill is scheduled to be heard on the Senate floor on Wednesday, February 23. The House companion, CS/HB 105 (Fine), unanimously passed the House Health & Human Services Committee on Thursday. The bill was amended to allow local governments to restrict smoking within 25 feet of a public entrance or exit of a business, with certain exceptions. The bill is scheduled to be heard on the House floor on Tuesday, February 22. (Taggart)
PFAS Bills Continue to Move (Support)
HB 1475 (McClure) and SB 1418 (Albritton) require the Department of Environmental Protection (DEP) to adopt rules for cleanup target levels for per- and polyfluoroalkyl (PFAS) in soil and groundwater and prohibit agency enforcement action relating to PFAS contamination until such rules are adopted and then ratified by the Legislature. HB 1475 passed the House Agriculture & Natural Resources Appropriations Subcommittee unanimously on Monday. SB 1418 has been temporarily postponed twice by the Senate Environment and Natural Resources Committee, but CS/SB 7012 (Brodeur), establishing a PFAS task force, is waiting to be heard in the Senate Appropriations Committee. (O'Hara)
PTSD Workers' Compensation Bills Move Through Committee
CS/SB 1066 (Burgess) specifies that a PTSD claim must be noticed within 52 weeks after the qualifying event or the diagnosis of the disorder, whichever is later. On Tuesday, CS/SB 1066 passed unanimously through the Senate Rules Committee and is scheduled to be heard on the Senate floor on Wednesday, February 23. The House companion, HB 689 (Giallombardo), is waiting to be heard in the House State Affairs Committee.

CS/SB 664 (Bradley) will be heard in the Senate Appropriations Subcommittee on Agriculture, Environment, and General Government Committee on Tuesday, February 22. The bill would expand workers' compensation coverage for post-traumatic stress disorder (PTSD) for first responders to include correctional and other law enforcement officers. The House companion, CS/HB 425 (Fischer), is waiting to be heard in its second committee of reference, the House State Affairs Committee. (Cruz)
Tree Protection – FLC Priority Headed to Last Committee of Reference (Support)
HB 1555 (McClain), relating to tree protection ordinances and a League priority, will be up in the House Judiciary Committee, it’s third and final stop on Monday, February 21. The bill would amend current law provisions that prohibit local governments from requiring permits for the removal of "dangerous" trees on residential property. The Senate companion, CS/SB 518 (Brodeur), will be heard in its final committee of reference, the Senate Rules Committee, on Wednesday, February 23. (Branch) (O'Hara)
Let’s Talk Trash: Bill Prohibiting Liquidated Damages in Solid Waste & Recycling Contracts Substantially Amended (Oppose)
CS/CS/HB 1241 (Hawkins) and SB 1944 (Baxley) address local governments’ contractual remedies against a solid waste or recycling vendor if the vendor fails to perform under the contract with the local government. On Wednesday, CS/CS/HB 1241 was amended in the House Civil Justice & Property Rights Subcommittee to prohibit a local government from assessing liquidated damages against a vendor that misses a scheduled collection during a declared emergency, so long as the vendor provides the missed collection service within 36 hours of the scheduled service. If the vendor fails to provide the collection service after 36 hours, the local government is not required to pay for that service. SB 1944 has not yet been heard in committee. (O'Hara)
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