HJR 1 on House Special Order Calendar for Tuesday, February 22

CS/CS/HJR 1- Additional Homestead Property Tax Exemption for Specified Critical Public Services Workforce and its implementing bill, HB 1563, by Rep. Tomkow both passed favorably (20-1 and 19-1, respectively) in House State Affairs on Thursday and were placed on the Special Order Calendar for next Tuesday. Call your Representatives and tell them to OPPOSE CS/CS/HJR 1!

HJR 1 and its Senate companion, SJR 1746, through joint resolution, propose an amendment to the State Constitution authorizing the legislature to grant an additional homestead property tax exemption on $50,000 of the assessed value of homestead property owned by the following “critical” members of the public service workforce:

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

The House’s latest committee substitute for HB 1 expands the exemption eligibility to include paramedics and EMTs. Previous estimates put the impact at $83.4 million; the Revenue Estimating Conference has not yet revised the impact to include paramedics and EMTs.

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

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

Moving Quickly into Week 6 of the 2022 Legislative Session 

The countdown to the end continues with only 20 days left until sine die! This past weekend, Florida Commissioners and Staff traveled to Washington, DC for NACo’s annual Legislative Conference. Commissioners participated in Policy Steering Committee meetings, voted on policy proposals, heard from agency leaders, attended workshops, and heard from President Biden!

Congratulations to Devon West of Broward County, NACo’s Newest NACIRO President!

FAC would like to extend a special congratulations to Broward County’s Policy Advisor, Devon West, for stepping into her new role as NACIRO’s President! Our team looks forward to all of the wonderful work she will accomplish.

Local Ordinances Bill Passes Second House Committee

CS/HB 403- Local Ordinances by Rep. Giallombardo was heard in House Civil Justice & Property Rights on Wednesday morning. An amendment was adopted to match the companion bill, SB 280. FAC waived in support of the proposed amendment.

HB 403 allows challenges to local ordinances on grounds they are impliedly 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. Mandates 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 and if any, an estimate of direct compliance costs businesses may reasonably incur if the ordinance is adopted and identification of any new charge or fee on businesses subject to the proposed ordinance or for which businesses will be financially responsible, 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 (12-6) and will move to the last committee stop, House State Affairs. 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.

Bill Preempting Local Governments from Seeking Liquidated Damages Against Waste Management in Second House Committee

CS/HB 1241 - Local Government Solid Waste and Recycling Collection Services by Rep. Hawkins passed unanimously (17-0) in the Civil Justice & Property Rights Subcommittee. FAC opposed the bill as it violates a fundamental belief that contracts should be negotiated at the local level, and those negotiations should not occur with terms mandated by the Legislature.

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. An amendment was adopted that removes ambiguity from the bill. Specifically, it provides that a local government may not assess liquidated damages or impose administrative penalties for missed collections pursuant to a solid waste or recyclable materials collection contract if:

• The person collecting solid waste or recyclable materials for the local government fails to provide timely collection service to a residential customer as a direct result of a declared local, state, or federal emergency that is in effect within the local government’s jurisdiction;
• The person notifies the local government that its failure was due to the emergency; and
• The person provides the necessary collection service within 36 hours after the time when the service should have been provided.

Lastly, it specifies how a person facing liquidated damages or penalties for missed collections may obtain relief.

A similar bill, SB 1944 - Local Governmental Actions Against Public or Private Waste Entities, by Sen. Baxley has not been heard.

Bill Preempting Counties from Regulating Private Parking Facilities Advances to Senate Floor

CS/SB 1380- Real Property Rights by Sen. Rodriguez (A) passed unanimously in its last committee, Senate Rules.

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

SB 1380 will advance to the Senate floor. The House companion, HB 219- Real Property Rights by Rep. Tuck, awaits a hearing in its last committee, House Judiciary.

DBPR Bill Amended to Include Outdoor Kitchen Equipment Preemption Advances to House Floor

The House Commerce committee adopted an amendment by Rep. Rommel to HB 667 – Department of Business and Professional Regulation that would preempt counties and local governments from prohibiting the use of outdoor kitchen equipment. The bill at large, sponsored by Rep. McClain, moved through its third and final committee stop on Thursday.

In Other Preemption News...

CS/HB 943- Preemption of Local Government Wage Mandates was temporarily postponed in its last committee, House State Affairs on Thursday. The Senate companion, SB 1124 by Sen. Gruters, has not been heard yet in its second committee, Senate Commerce and Tourism.

House Subcommittee Advances New Congressional Map

On Friday morning, the House Congressional Redistricting Subcommittee reconvened to review a new proposed Congressional map. The Subcommittee presented CRS1-Establishing the Congressional Districts of the State which includes the redistricting plan H000C8011, that would reapportion Florida into 28 Congressional districts. The map increases the number of counties split from 18 to 20. 47 counties are kept whole. The proposed map advanced with a vote of 12-7.

H000C8011 Workshop Plan

House Congressional Redistricting Subcommittee: Meeting Packet, Video

Broadband Bills Move Forward in the House while FAC Remains Concerned

HB 1543- Broadband Infrastructure by Rep. Tomkow passed unanimously (14-0) in the House Infrastructure & Tourism Appropriations Subcommittee.

The linked bill, HB 1545 - Trust Funds/Broadband Pole Replacement Trust Fund/DEO by Rep. Tomkow also passed unanimously (14-0). 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. 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 is also concerned that current language limits the 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 respective Senate Companions, SB 1800 and SB 1802 by Sen. Boyd are scheduled for hearings next Tuesday, 2/22 in the Senate Transportation, Tourism and Economic Development Appropriations Subcommittee.

Public Comment Ends for NTIA’s Broadband Programs

In national headlines, the National Telecommunications and Information Administration (NTIA) ended their request for comment (RFC) on its newest broadband grant programs. The NTIA received over 550 comments between January 10 and February 4 of this year, addressing the development and implementation of the Bipartisan Infrastructure Law. Comments answered questions concerning how funding should be fairly distributed, what resources are needed for technical assistance, efficient methods of competition for funding, and more. To view the associated comments, click here.

House Ways and Means Gives First Look at Tax Package

The House Ways and Means committee filed and passed their initial tax package, WMC1, on Thursday. The issue of greatest concern for FAC is a tax abatement for homestead and non-homestead residential property rendered uninhabitable by a catastrophic event. FAC’s Bob McKee spoke about these concerns to the committee. Under current law, tax abatements are granted on a case-by-case basis by the legislature, rather than being given as a blanket policy for any event rendering a residence uninhabitable for 30+ days. The concern is that an extreme event affecting a populated area would result in significant abatement payments at the same time the tax base is diminished and service demands are increased due to the event.

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

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

Estimates of the impact of these proposals have not yet been developed.

House Greenlights Tax Referenda Bill

HB 777 – Local Tax Referenda Requirements by Rep. Will Robinson passed favorably (19-3) in its final committee stop, H State Affairs, on Thursday. The bill requires referendum elections to coincide with a general election for the following taxes: 

• Tourist development tax 
• Areas of critical state concerning tourist impact tax 
• Children’s services independent special district tax 
• County temporary excess ad valorem millage 
• Municipal temporary excess ad valorem millage 
• County transportation motor fuel tax 
• Local option fuel taxes 
• School district millages
• Other local government voted millage

FAC’s Deputy Director of Public Policy, Bob McKee, spoke in opposition to the bill regarding concerns around the timeline for implementing constitutionally authorized millage above the ten mill cap for no more than two years (emergency millage). Specifically, any referenda held in concurrence with a general election (in November) would occur after the tax bill has been issued, and the millage could not be levied until the following year. The Senate companion, SB 1194, was last heard in Senate Finance and Tax on Jan. 27, where it passed unanimously (8-0). The bill was placed on a special order for next week.

Statewide Recertification Requirements on Condominiums and Cooperative Association Advances to Floor

HB 7069- Condominium and Cooperative Associations by Rep. Perez was heard on Thursday.

The bill:

• Creates a statewide building recertification requirement for condominiums and cooperative buildings that are three stories or higher in height 30 years after initial occupancy and 25 years after initial occupancy for buildings located within three miles of the coast.
• Requires recertifications every 10 years after a building’s initial recertification.
• Requires an additional, more intensive inspection, or a “phase 2 inspection,” if a building recertification reveals substantial structural deterioration.
• Requires building officials to provide written notice to associations when buildings must be recertified.
• Requires recertification and phase 2 reports be submitted to building officials and unit owners.
• Provides local building officials with ability to assess penalties for failing to comply with the requirements for building recertifications and phase 2 inspections.
• Requires condominiums and cooperatives to conduct structural integrity reserve studies every 10 years for buildings that are three stories or higher in height and prohibits waiver of funding for certain reserves.
• Requires developers to complete structural integrity reserve studies for every building that is three stories or higher, prior to turning over an association to the unit owners.
• Repeals the ability of developers to waive the collection of all types of reserve funds.
• Requires structural integrity reserve study inspections, and recertification and phase 2 inspections to be performed by licensed engineers or architects.
• Provides that structural integrity reserve studies, and recertification and phase 2 inspection reports are a part of an association’s official records and must be provided to a potential purchaser of a unit.
• Provides that failing to perform a required structural integrity reserves study, recertification, or phase 2 inspection is breach of a board member or officer’s fiduciary duty.
• Requires a community association manager to provide a recertification report to a local building official, if the manager receives the report.
• Provides for an additional way for condominium associations to terminate if the cost of repairs identified in a phase 2 inspection are more than 65 percent of the total fair market value of the units in the association.
• Authorizes DBPR to enforce the structural integrity reserve studies and recertification and phase 2 inspection requirements.
• Requires associations to notify DBPR about the number of buildings in their association that are three stories or higher.

HB 7069 passed unanimously and is placed on the Special Order Calendar on Tuesday, February 22^nd.  In the Senate, bills containing parts of, or similar provisions to CS/HB 7069 are still in committee. CS/SB 1702 by Sen. Bradley is in the Rule Committee awaiting its last hearing. The bill requires mandatory structural inspections of multi-family residential buildings that are greater than three stories and thirty years old (or 20 years old for building within 3 miles off a coastline). In addition, CS/SB 7042 is awaiting a hearing in Senate Appropriations.

House and Senate Pass Smoking Regulation Measures, Differ on Language

CS/CS/SB 224 – Regulation of Smoking in Public Places by Sen. Gruters passed its third committee stop, S Rules, by a vote of 14 to 3. FAC waived in support. SB 224 allows counties and municipalities to restrict smoking/vaping within the boundaries of any beaches or parks under their jurisdiction, except with regard to the smoking of filterless cigars or tobacco pipes. The committee adopted a substitute requiring any signage implemented by counties or municipalities that restricts smoking must expressly detail the exceptions listed above. Meanwhile, the House companion, CS/HB 105 by Reps. Fine and Altman passed House Health and Human Services unanimously (19-0) on Thursday. The House language moved farther apart from the Senate version as the Committee adopted a substitute giving local governments additional permissions to regulate smoking outside of businesses. Exempted businesses include standalone bars and tobacco/vapor retailers. The bill was placed on a special order for next week.

Clean Water Bodies Act Receives Unanimous Support in Second Committee

HB 421- Long-term Cleanup of Water Bodies by Rep. Smith (D) passed unanimously (12-0) in the Agriculture & Natural Resources Appropriations Subcommittee. FAC waived in support of the bill. The bill, known as the “Implementation of Long-term Solutions for Cleaning Florida’s Water Bodies Act,” requires the Department of Environmental Protection to acquire innovative technologies to physically remove harmful algal blooms, toxins, algae, and nutrients from water across the state through pilot programs. The technology must be proven to reduce nitrates and toxins that foster harmful algal blooms and improve water quality in freshwater bodies. Additionally, the bill must provide a low-carbon or direct-air-capture benefit. The Senate Companion, SB 834- Long-term Cleanup of Harmful Algal Blooms by Sen. Brodeur has not been heard yet this Session.

PFAS Bill Receives Strong Support in the House

HB 1475- Cleanup of Perfluoroalkyl and Polyfluoroalkyl Substances by Rep. McClure passed unanimously (14-0) in the Agriculture & Natural Resources Appropriations Subcommittee. FAC waived in support of the bill. By January 1, 2023, the bill requires DEP to adopt by rule statewide cleanup target levels for PFAS in soil and groundwater using specified statutory criteria, with priority given to PFOA and PFOS. Additionally, it requires the rules to be ratified by the Legislature in order to take effect. HB 1475 specifies that until DEP’s rule has been ratified by the Legislature, a person may not be subject to any administrative or judicial action brought by any state or local governmental entity to compel or enjoin site rehabilitation, to require payment for the cost of rehabilitation of environmental contamination, or to require payment of any fines or penalties regarding rehabilitation based on the presence of that particular PFAS constituent. A comparable bill, CS/SB 7012 - Per-and Polyfluoroalkyl Substances Task Force was heard earlier this month during the Senate Appropriations Subcommittee on Agriculture, Environment, and General Government. The bill is in its last Committee, Senate Appropriations.

Expansion of Food Programs From DACS Receives Support by House Members

HB 1311 - Healthy Food Financing Initiative Program by Rep. Mariano passed unanimously (14-0) in the Agriculture & Natural Resources Appropriations Subcommittee. FAC waived in support of the bill. The bill expands the functions of the Healthy Food Financing Initiative program from the Department of Agriculture and Consumer Services (DACS). It directs DACS to provide grants and loans for the construction of independent grocery stores, supermarkets, community facilities, or other retail outlets to increase access to affordable fresh produce and other nutritious food in underserved communities. The bill requires a qualified non-profit to be able to demonstrate certain criteria to enter into a contract with DACS to carry out the program and requires any third-party administrator that contracts with DACS to provide quarterly updates to DACS. The bill requires DACS to give preference to Florida-based grocers, local business owners with experience in grocery stores, and grocers and business owners with a business plan that includes opportunities to purchase from farmers and growers in the state before seeking out-of-state purchases. The bill specifies that for a project to be eligible for funding under the program, it must be located in an underserved community and provide for the construction of independent grocery stores or supermarkets; provide renovation, expansion, and infrastructure upgrades to stores and community facilities that improve the availability and quality of fresh produce and other healthy foods; or provide other projects that create or improve access to affordable fresh produce that meet the intent of the program. The bill requires the program to fund at least three eligible projects each year.

The Senate Companion, SB 1450, by Sen. Jones is scheduled for a hearing next Tuesday, 2/22.

House and Senate Proposed Budget (2022-2023)

General Overview

This week, the Florida House of Representatives and the Florida Senate passed their recommended budgets for the State Fiscal Year (SFY) 2022-2023. Each legislative chamber’s recommended state budget serves as an important statement of their priorities as work on developing a balanced state budget continues. The Florida Legislature is constitutionally required to pass a state budget, officially titled as the General Appropriations Act, during the annual regular session. 

The House and Senate’s proposed budget for State Fiscal Year 2022-2023 totals approximately $105.3 billion and $108.6 billion respectively. The chart below summarizes a comparison of the House’s proposed SFY 2022-2023 budget and the Senate’s proposed budget for SFY 2022-2023. 

Health and Human Services received the largest portion of funding for the House and Senate’s proposed budgets for SFY 2022-2023, totaling approximately $47.1 billion and $47.9 billion respectively. All educational programs and services combined received the second largest amount of funding, totaling approximately $28.0 billion and $28.4 billion respectively. 

Finally, Natural Resources, Environmental Issues, Growth Management and Transportation Expenditures represent the third largest portion of the House and Senate’s proposed budgets for SFY 2022-2023 with funding totaling $17.0 billion and $17.9 billion respectively.

Proposed general revenue expenditures for House and Senate SFY 2022-2023 budgets equal approximately $39.2 billion and $41.7 billion respectively, while trust fund expenditures total approximately $66.1 billion and $66.9 billion respectively. The chart below compares expenditures between the proposed House and Senate SFY 2022-2023 budgets by fund type.

COUNTY FUNDING HIGHLIGHTS

HEALTH AND HUMAN SERVICES

Shared County/State Juvenile Detention: The House and Senate proposed budget estimates the counties’ portion of total Shared County/State Juvenile Detention to be $62.6 million.

Community Substance Abuse and Mental Health Services: Funded at approximately $1.03 billion in the House proposed budget and $948.3 million in the Senate’s proposed budget.

Community Action Treatment (CAT) Teams: $30.8 million the House and Senate budget directed to the Department of Children and Families (DCF) to contract with providers throughout the state for operation of CAT teams, which provide community-based services for children (aged 11 to 21) with mental health and/or substance abuse diagnoses. 

Public Safety, Mental Health, and Substance Abuse Local Matching Grant Program: $9 million for the program in both the House and Senate budgets, which supports county programs that serve adults or youth who are in behavioral crisis and at risk of entering the criminal justice system. This is equal to the proposed Governor’s Budget.

Crime Labs: The House and Senate proposed budgets allocate approximately $62.2 million and $63 million respectively, in grants and aids to local governments for criminal investigations.

Homeless Programs Challenge Grants: The House and Senate proposed budgets allocate $3.2 million to DCF for challenge grants, which are awarded to lead agencies of homeless assistance continuums of care.

AGRICULTURAL & ENVIRONMENT 

Water Quality Highlights:

• Septic-to-Sewer/Stormwater Improvements: The House and Senate allocate roughly $116 million and $125 million respectively. The funds provide for a grant program (up to 50% match) to local government agencies making wastewater and stormwater improvements, including septic conversion and remediation under 403.0673 F.S.
• Drinking Water Facility Grants: The House and Senate budgets allocate $133.1 million for fixed capital outlay construction costs for drinking water facilities. The majority of the funds come from the Drinking Water Revolving Loan Trust Fund.
• Wastewater Treatment Facility Construction Grants: The House and Senate budgets allocate $206.5 million for fixed capital outlay construction costs toward wastewater treatment facilities. The majority of the funds come from the Stormwater Management Revolving Loan Trust Fund.
• Water Quality Enhancement and Accountability: The House and Senate budgets allocate $10.8 million for increased water quality monitoring, creation of a water quality public information portal, and for the Blue-Green Algae Task Force. The task force will support key funding and restoration initiatives to expedite nutrient reduction in Lake Okeechobee and the St. Lucie and Caloosahatchee estuaries. The Department of Environmental Protection (DEP) will continue to expand statewide water quality analytics for the nutrient over-enrichment analytics assessment and water quality information portal to include a comprehensive statewide flood vulnerability and sea level rise data set.
• Total Maximum Daily Loads:
• The House allocates $50 million for Total Maximum Daily Loads and to accelerate implementation of nutrient pollution reduction projects in Basin Management Action Plan and other restoration plans, including green infrastructure and land acquisition projects. This item is in line with the Blue-Green Algae Task Force consensus findings.
• The Senate allocates $25 million to DEP for innovative water treatment projects that demonstrate the ability to most rapidly achieve department verified phosphorous and/or nitrogen load reductions consistent with the nutrient load reduction goals and total maximum daily loads established by the department. The department may also provide cost-share funding for innovative nutrient removal projects.
• Harmful Algal Blooms: The House allocates $15.6 million and the Senate allocates $10.6 million for innovative technologies and short-term solutions for addressing harmful algal blooms in fresh waterbodies; funds may also be used for the red tide emergency grant program and to support local government efforts in cleaning beach and coastal areas. Funds may also be used to implement water quality treatment technologies, identified by the department, near water control structures in Lake Okeechobee.
• Springs Restoration: The House and Senate proposed budgets allocate $50 million from the Land Acquisition Trust Fund for springs restoration projects and land acquisition to protect springs.  
• Alternative Water Supply: The House allocates $50 million and the Senate allocates $40 million to the water supply and water resource development grant program to help communities plan for and implement conservation, reuse and other water supply and water resource development projects.

Everglades Restoration: House $388.6 million, Senate $432 million.

Rural and Family Lands: Senate allocates $300 to the Department of Agriculture and Consumer Services for the Rural and Family Lands Protection Program. These funds shall be placed in reserve. After January 1, 2023, the department is authorized to submit budget amendments requesting release of funds pursuant to chapter 216, Florida Statutes. Release is contingent upon the approval of a plan identifying how the department will manage land acquired through fee simple purchases. The funds are contingent upon passage of SPB 2508 or similar legislation becoming a law. The House does not include this in their budget proposal.

Florida Forever: House $100.7 million, Senate $100 million       

Florida Recreation Development Assistance Grants: House $0; Senate $10.7 million. 

Beach Management Funding Assistance Program: The House and Senate proposed budgets allocate $50 million and $58.6 million respectively, for grants and aids to local governments and non-state entities for beach management assistance.

Resilient Coastline Initiative: The Senate allocates roughly $8 million to assist local governments with sea level rise planning and coastal resilience projects, including storm resiliency as well as coral reef restoration and monitoring. The House does not include this in their budget proposal.

Resilient Florida Trust Fund and program: The House allocates $271 million and the Senate allocates $100 million to the Department of Environmental Protection for the Statewide Flooding and Sea Level Rise Resilience Plan. The House and Senate both allocate $20 million for planning grants to fund preconstruction activities. In addition, the House allocates $2,900,000 for migrating and upgrading the Sea Level Impact Projection (SLIP) Study Tool, regional living shoreline restoration suitability modeling, and sea level rise modeling.

Mosquito control programs: The House and Senate proposed budgets allocate approximately $2.7 million.

TRANSPORTATION AND ECONOMIC DEVELOPMENT

Affordable Housing: 

• State Housing Initiatives Partnership (SHIP) program: The House and Senate proposed budgets allocate $202.9 million and $209.5 million respectively, for the State Housing Initiatives Partnership (SHIP). 
• State Apartment Incentive Loan Program (SAIL): The House and Senate proposed budgets allocate $65.2 million and $128.3 million for the State Apartment Incentive Loan Program (SAIL). 

Job Growth Grant Fund: The House proposed budget allocates $25 million. The Senate does not provide an allocation

Visit Florida: $50 million recommended by both the House and Senate, which would match funding from the proposed Governor’s Budget.

Small County Outreach Program (SCOP): The House and Senate proposed budgets allocate $85.2 million.

Small County Road Assistance Program (SCRAP): The House and Senate proposed budgets allocate approximately $27.7 million.

Transportation Disadvantaged Grants and Aids: The House and Senate proposed budgets allocate approximately $54.3 million and $60.3 million.

Rural Infrastructure Fund: $5 million to support local rural infrastructure projects such as broadband, roads, storm and wastewater systems, and telecommunications facilities in both the House and Senate budgets. House budget specifies eligible uses of these funds for Hurricane Michael impacted counties to include roads or other remedies to transportation impediments; storm water systems; water or wastewater facilities; and telecommunications facilities and broadband facilities.

Rural Community Development Revolving Loan Program: The House and Senate allocate $1.17 million to provide local governments with access to financial assistance to further promote the economic viability of Florida's rural communities.

Economic Development Tools: The House allocates $33.5 million and the Senate $34.3 million allocates for the following programs: Qualified Target Industry (QTI) Business Tax Refund; QTI Tax Refund - Brownfield Redevelopment Bonus; Brownfield Redevelopment Tax Refund; and High-Impact Business Performance (HIPI) Grant. Payments may only be made for projects that meet the statutory eligibility requirements. Funds may not be released for any other purpose and may only be disbursed when projects are certified to have met all contracted performance requirements. Funds provided in Specific Appropriation 2295 from the Economic Development Trust Fund represent local matching funds.

GENERAL GOVERNMENT

Library Grants and Library Cooperatives: The House and Senate proposed budgets allocate $21.5 million.

Fiscally Constrained County Funding: Both the House and Senate budgets allocate $38.8 million, to offset the impacts of previously approved constitutional amendments.

Emergency Distributions: The House and Senate budgets allocate $30.1 and $28 million in emergency distributions revenue sharing for small counties.

IMPLEMENTING & CONFORMING BILLS

Appropriations Implementing and Conforming bills make certain changes to substantive law in order to implement the proposed General Appropriations Act. Implementing and Conforming Bill topics include: 

Juvenile Detention Costs - Implementing Bill

Both the Senate Implementing bill, SB 2502, and the House Implementing bill, HB 5003 provide in section 26 that the Department of Juvenile Justice is required to review county juvenile detention payments to ensure that counties fulfill their financial responsibilities required in s. 985.6865, Florida Statutes. If the Department of Juvenile Justice determines that a county has not met its obligations, the department shall direct the Department of Revenue to deduct the amount owed to the Department of Juvenile Justice from the funds provided to the county under s. 218.23, Florida Statutes. The Department of Revenue shall transfer the funds withheld to the Shared County/State Juvenile Detention Trust Fund.

SB 2512 Aircraft and Drones

The bill revises the DMS’s rulemaking authority relating to the approved list of manufacturers from which governmental agencies may purchase drones to require the department to update the list annually and to provide waivers to governmental agencies under certain circumstances.

FRS Contribution Rates

The House and Senate amended the employer contribution rates for the Florida Retirement System (FRS) in their respective conforming bills, HB 5007 – State Administered Retirement Systems and SB 7038 – Retirement.

Employer normal contribution rates for each membership class of FRS (Defined Benefit and Defined Investment) are amended as follows:

The difference between the House and Senate contribution rates is due to the House adopting the position taken in the Governor’s Proposed Budget to increase the amount allocated to employees in the Investment Plan by 3% for each class of employees. The conforming bill passed by the senate did not include this increase; however, SB 7046 does increase the amount allocated to the investment plan by 3% for each class. SB 7046 is still in the Senate Appropriations Committee.  

To address unfunded actuarial liabilities (UAL) of the system, the bill amends the current 2021-22 employer contribution rates for each membership class of FRS as follows: