With the Florida Legislative regular session set to end next Friday at noon, the Chambers have been diligently working to complete the one task mandated by Florida’s Constitution: passing the state’s budget. Last minute efforts to get bills passed certainly continue, but time is short. Here's what we see this week.

This week the 2024 Budget Conferences began to hash out differences between the budgets passed by the House and the Senate. Conferences began meeting Monday and had until Wednesday at 9pm to hash out differences. Where agreements could not be reached, those items are bumped up to Budget Chiefs Senator Doug Broxson and Representative Tom Leek. 

Once differences to the proposed General Appropriations Act (GAA) for FY 2024-25 are reconciled and after the Conference Committee Report is released for review, the mandated 72-hour, or 3-day, “cooling off” period begins. Then both Chambers will vote on the proposed GAA and, once passed, it will be sent to the Governor, who can make line-item vetoes and sign the final bill into law.

SB 2500 -- Appropriations / The Senate Budget

HB 5001 -- General Appropriations Act / The House Budget

The Tax Bills are working through the amendment process in a rush to complete them before next week.  

HB 7073 -- Taxation / The House

SB 7074 -- Taxation / The Senate

The Senate version provides for a $900 million tax cut, and embraces the Governor's call for a one-year tax exemption on property insurance tax and fees for policy holders with homes valued up to $750,000. 

Senator Keith Perry has sponsored 26 bills this Session and co-sponsored an additional 24. Senator Jennifer Bradley has also sponsored 26 bills and has co-sponsored an additional 5.

As the Legislature's Pro-Tempore, Representative Chuck Clemons was asked by leadership to limit the bills he sponsors. Though Representative Yvonne Hayes Hinson is a Democrat in a super-majority Republican House, she has sponsored 6 bills this Session, and co-sponsored an additional 13. Representative Chuck Brannon has sponsored 6 bills and co-sponsored an additional 3.

Reminder, State Representatives are limited in the number of bills they can sponsor in a session, while Senators are not. Here are a few bills of particular interest.

SB 258 -- Interstate Safety -- Senator Perry's bill was laid on the table in favor of HB 317, which has now passed both Chambers (the House vote was 113-3 and the Senate 37-0) and is awaiting transmission to the Governor's office.  

CS/SB 484 -- Flood Disclosure in the Sale of Real Property -- is sponsored by Senator Jennifer Bradley and requires a seller of residential real property to provide specified information to a prospective purchaser at or before the sales contract is executed. Scheduled to be heard by both Chambers this week.

SB 486 -- Florida School for Competitive Academics -- This is a project championed by Senator Perry over multiple sessions that will establish a “Competitive Academy” for high school students (often referred to as the “IMG Academy”). This bill would allow the school’s board of trustees to change the name of the Academy, but appears to be dead.

SB 842 -- Florida Kratom Consumer Protection Act -- is sponsored by Senator Perry. It would put restrictions on Kratom powder, raising the age to purchase from 18 to 21, establishing guidelines for product processors and enacting new penalties for violators. This bill has not made it out of the House.

SB 888 -- Property Rights -- from Senator Perry, this bill would allow property owners to request assistance from law enforcement to remove unauthorized occupants-- immediately from a residential dwelling--setting the process for property owners to work with law enforcement to directly assist. Scheduled to be heard by the full House this week.

SB 1006 -- Nicotine Products and Dispensing Devices -- This bill, sponsored by Senator Perry, would further regulate the sale and distribution of nicotine dispensing devices in Florida. It would require manufacturers to submit information about devices to government regulators, and subject those not following the requirements to fines of $1,000 per day. Scheduled for a second reading by the full Senate this week.

CS/SB 1104 -- Policy Cancellations and Non-renewals by Property Insurers -- Introduced by Senator Bradley, this bill would prohibit insurers from canceling and nonrenewing, within certain timeframes, policies covering personal residential or commercial residential properties damaged by hurricanes or wind losses and providing that such prohibition applies to flood damages caused by hurricanes under certain circumstances. In Rules.

SB 1458 -- Charitable Organizations -- This bill, sponsored by Senator Perry, would prohibit any country deemed “of concern” from donating or contributing to charities. The bill currently defines “foreign country of concern” as the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro or the Syrian Arab Republic, including any agency of or any other entity under significant control of such a foreign country of concern.

In the previous legislative session, the Chinese government was prohibited from buying property. The Senate bill has not been heard and the House companion bill -- HB 1327 -- died in committee.

HB 61 -- Transportation Facility Designations -- a bill sponsored by Representative Yvonne Hinson that would require the Department of Transportation to erect suitable markers for the crosswalk honoring Dylan Roberts, a 4-year-old boy killed in Alachua County on his way home from Fred Cone Park. The bill died in committee.

HB 91 -- Transportation Facility Designations -- (or the "Jimmy Buffet Memorial Highway Bill”) A bill sponsored by Representative Chuck Clemons would designate all of those portions of S.R. A1A located in Monroe County; 13 of those in Miami-Dade County; all in Broward, Palm Beach, Martin and St. Lucie Counties; 14 in Indian River; all in Brevard, Volusia, Flagler, St. Johns and Duval; and 15 in Nassau as "Jimmy Buffett Memorial Highway." As expected, this bill passed both Chambers and awaits action by the Governor.

HB 781 -- Unsolicited Proposals for Public-Private Partnerships -- This bill is sponsored by Representative Clemons and sets to refine how Florida tackles infrastructure projects. It would ease or eliminate requirements for a competitive bidding process and gives public/private partnerships wider discretion in unsolicited proposals. This bill has undergone substantial amendments and is scheduled to be heard by both Chambers this week.

HB 1021 -- Community Associations -- In the wake of the collapse of Surfside, this is another attempt to strengthen the laws around condo associations and their boards. Added to the Special Order Calendar.

HB 1303 -- Reentry Resource Centers -- sponsored by Representative Hinson, this bill provides inmate transition services through reentry resource centers and specifies the types of assistance that should be included. It also provides goals and requires the Department of Corrections to coordinate with other departments for certain purposes. Died in committee.

HB 1349 -- Required Instruction in History of Communism -- Sponsored by Representative Chuck Brannan, this bill would require, beginning in the 2026-2027 school year, that the History of Communism be included in required instruction to public school students in grades K-12. In addition, the bill requires each school district to annually certify and provide evidence to the Department of Education (DOE) that the required instruction has been met. Scheduled to be heard by the full House tomorrow. It is eligible to be heard by the full Senate but has yet to be scheduled.

HB 1605 and HB 1607 are companion bills, introduced by Representative Bannan, meant to address Marsy's Law and subsequent Supreme Court rulings on the law. They make explicit a series of victims' rights and provide a definition of "victims." They also create a public records exemption that would apply unless the victim chose to release identity information. Died in committee.

A major healthcare bill, and a top priority of Senate President Passidomo, is at the finish line. SB 7016 has passed both Chambers and awaits action by the Governor.

SB 438 -- Term Limits for County Commissioners -- This bill sets a limit of 8 consecutive years for County Commissioners. Died in committee.

SB 812 -- Expedited Approval of Residential Building Permits -- This bill requires governing bodies to expedite the process for issuing residential building permits--by a date certain--before a final plat is recorded. It also prohibits a governing body from making substantive changes to a preliminary plat without written consent. Has been placed on the Special Order calendar.

SB 1322 -- Millage Rates -- This bill would make an increase in millage rates (property taxes) possible “only if approved by a two-thirds vote of the membership of the governing body of the county, municipality, or independent district. The companion bill, HB 1195, awaits a hearing by the full House, while the Senate bill is pending.

SB 1510 -- Municipal Utilities -- This bill would establish limits on utility revenue transfers for municipal utilities. This bill, along with the House companion, HB 1277, died in committee.

SB 7000 -- Deregulation of Public Schools/Instructional, Administrative and Support Personnel

SB 7002 -- Deregulation of Public Schools/School District Finance and Budgets, Facilities and Administration and Oversight 

SB 7004 -- Deregulation of Public Schools/Assessment and Accountability, Instruction and Education Choice

SB 7004 has run into significant headwinds in the House, however, specifically the provision to remove the requirement to pass both the Algebra 1 end-of-course and 10th grade English Language Arts (ELA) exams for high school graduates.

These bills are out of committees but are still awaiting action.

SB 1716 -- Citizens Property Insurance Corporation -- would make significant changes to Citizens by merging the corporation’s multiple accounts into one. The bill would also allow more carriers to operate and would remove second homes from its coverage to reduce the state’s financial risk. Awaits Senate action.

SB 1084 -- Department of Agriculture and Consumer Services -- explicitly pre-empts regulation of EV charging stations and provides that “a local governmental entity may not enact or enforce an ordinance or regulation related to electric vehicle charging stations." Awaiting Senate action.

SB 1624 / HB 1656 -- Energy Omnibus -- proposes multiple changes to the energy landscape in Florida. It contains several local pre-emptions on the use of natural gas and natural gas facilities. It includes a ban on the government's purchase of batteries made from “forced labor” (general thought: language targeting Chinese-made goods). It eliminates fuel efficiency considerations for statewide procurement of vehicles. The bill also will require purchasers of new electrical vehicles to pay a new “deposit” or fee of $500 to $1000 at the time of purchase. Awaiting Senate action.

SB 1718 -- Wind Energy Facility Siting -- A bill prohibiting construction, operation or expansion of wind energy facilities and offshore wind energy facilities in this state. Died in committee.

HB 1301 -- Department of Transportation -- This bill will ban the use of “ESG” planning criteria, like climate reductions and social justice, by Metropolitan Planning Organizations (MPOs) and would prohibit local governments from “any marketing or public awareness campaigns . . . in support of any social, political or ideological interest,” including “the promotion of environmental, social and corporate governance (ESG) interests, [and] any campaign related to environmental or social justice causes.” Awaiting Senate action.

SB 460 -- Career and Technical Education -- allows minors to work in specific conditions. Now has been amended to exclude 16- and 17-year-olds from working on commercial jobs or any scaffolding, roof or ladder above 6 feet. Placed on the Special Order Calendar.

SB 1600 -- Interstate Mobility -- would require the Department of Health to provide a pathway to licensure by endorsement for any of the 59 healthcare professions. It regulates and ensures the process is swift, requiring the license or certificate to be issued within 15 days of receipt of all required documentation. Placed on the Special Order Calendar.

HB 49 & SB 1596 -- Employment and Curfew of Minors -- This bill would revise age restrictions for 16- and 17-year-olds in the workforce, allowing them to work additional hours while attending school. Awaiting Senate action.

HB 151 -- Cost-of-living Adjustment of Retirement Benefits -- State workers are on track to receive a 3% Cost of Living Adjustment (COLA) in their pensions. The COLA increases were eliminated during the recession; reinstating them is estimated to come with a cost of $2 billion dollars. Placed in conference committee to hammer out differences between the Chambers' versions.

HB 635 -- Childcare and Early Learning Providers -- would provide tax credits to businesses that support child care. The bill, with amendments, has made it through its committees and awaits action in the House. 

HB 705 -- Public Works Projects -- revises and expands the definition of "public works project" to include an activity that is paid using any local or state-appropriated funds. Under current law, this is defined as any state funds. Of concern to cities, the bills prohibit municipalities that contract for a public works project from requiring a contractor to do the following: pay employees a predetermined amount of wages or prescribe any wage rate; provide employees a specified type, amount or rate of employee benefits; control, limit or expand staffing; and recruit, train or hire employees from a designated, restricted or single source.

HB 1289 -- Verification of Reemployment Assistance Benefit Eligibility -- is a bill that requires the Department of Commerce to verify the identities of those applying for unemployment insurance benefits with eight different federal agencies and kick people off the benefit rolls if they don’t contact five employers per week or accept “suitable work” when offered. Awaits House action.

HB 1 -- Social Media Use for Minors -- This bill has now passed both Chambers and was sent to the Governor for signature or veto. He can also do neither, in which case the bill will become law without his signature. 

The bill was sent to the Governor on February 23rd, which started the 7-day clock for him to take action--meaning he has until tomorrow to act.

   

This bill creates some of the nation's strictest social media prohibitions and standards meant to prohibit anyone under 16 years of age from many social media platforms.

What will the Governor do? Stay tuned.

SB 238 -- Claims Against Assisted Living Facilities -- was introduced to limit liability for these facilities and is working its way through committees. Died in committee.

SB 248 -- Medical Negligence -- seeks to revise the limits on non-economic damages for personal injury or wrongful death arising from medical malpractice claims. The bill was amended significantly from its original form before being advanced from the Judicial Committee. The amended bill reinstates caps for non-economic damages, such as pain and suffering, that are paid above and beyond economic damages. Died in committee.

SB 1276 -- Litigation Financing -- has advanced out of the Senate Judiciary Committee. This bill would regulate third party litigation financing (TPLF), a practice where investors fund litigation in exchange for a percentage of the settlement or judgement. The bill mandates disclosure of TPLFs involvement, and prohibits TPLF from influencing the outcome or seeking to increase the return of the litigation. The bill also prohibits TPLFs from receiving a larger percentage of the settlement or judgement than the plaintiff. Died in committee.

SB 328 -- Affordable Housing -- Depending on your perspective, this is a “clean-up,” “update” or “significant change” bill to the Live Local Act passed last session. It places new preemptions on local development controls, and adds some exemptions for short term rentals. 

The original bill forces local governments to approve multi-family housing developments in areas zoned for commercial, industrial and mixed uses, if the project sets aside 40% of its units at affordable rates. In return, the developments are required to adhere to a city or county’s comprehensive plan, except for density and height restrictions. The bill also allows developments of 70 units or more to be eligible for property tax exemptions if they offer rents at least 10% below the local market rate. The law also included $700 million for affordable housing programs.

The Florida House passed concurrent resolutions early this Session, calling for four separate US Constitutional Amendments. These would: impose term limits on members of Congress; require Congress to pass a balanced budget each year; provide the President line-item veto power; and prohibit imposing any law on citizens that doesn't apply to members of Congress.

The proposals have a long and difficult path ahead, requiring a Constitutional Convention. This would only be held if called for by 2/3 of the states' legislatures--meaning 34 states would have to join in on this call. If that happened, the call would go to Congress to determine the ratification method--ratified by 3/4 of state legislators (38 0f 50) or ratified by Conventions of 3/4. A very high bar indeed.

HB 335 -- Requiring Broader Public Support for Constitutional Amendments or Revisions -- or "no more pregnant pigs' bills," proposes an amendment to the State Constitution to increase the percentage of elector votes required to approve an amendment to or revision of the State Constitution from 60 percent to 66.67 percent. Opponents believe this is a targeted move to raise the bar even higher on amendments already slated for the 2024 ballot. With no companion Senate bill, this looks done for this session.

HB 757 -- Defamation, False Light, and Unauthorized Publication of Name or Likenesses -- You may remember a variation of this bill last Legislative Session. This is another attempt to change Florida’s defamation laws and make it easier to sue press (and others) for defamation. It was killed last session and may suffer the same fate this session.

A substantial amendment to the bill was filed this week as it heads to its final committee stop. Stay tuned.

HB 1223 -- Minimum Age for Firearm Purchase or Transfer -- is a bill to lower the age to purchase a firearm from 21 to 18. This bill has passed the House committee by a partisan vote of 11-5. With no companion Senate bill, this looks done for this session.

HB 1519 -- Termination of Pregnancies -- would allow abortions only to save the mother's life. Leadership has said the people of Florida are "not ready to take that step." As expected, this bill was not considered by a single House committee and has no Senate companion.

HB 1619 -- Carrying and Possession of Weapons and Firearms -- is a bill that would allow citizens to openly carry firearms anywhere in the state of Florida. Leadership has said there is "no appetite" in either Chamber to move this bill forward. It remains in the Criminal Justice Subcommittee.

HB 599 -- Gender Identity Employment Practices -- This bill bars government employees and contractors from using any pronouns that do match sex assigned at birth.

HB 1135 -- Lewd or Lascivious Grooming -- This bill creates a new felony of “lewd and lascivious grooming” as defined as “the process of preparing or encouraging a child to engage in sexual activity through overtly sexually themed communication with the child or in conduct with or observed by the child without permission from the child's parent or legal guardian.” The House bill has cleared two committees and is awaiting action in the House. The companion Senate bill has two more committee stops.

Two bills, HB 1071 and SB 1084, are agricultural bills in their respective Chambers. The bills now have language that would completely ban the manufacturing, sale or distribution of "cultivated meat," defined in the bill as any meat or food product produced from cultured animal cells. If passed, Florida would be the first state in the nation with this ban.

SB 270 -- Lethal Projectiles Over or Across Public Lands -- would classify firing a projectile or bullet into someone's home or property without permission as trespassing and a third-degree felony. Died in committee.

HB 401 -- Tracking Devices and Applications -- This bill would prohibit the use of tracking devices like AirTags to track a person without their consent, making it a felony. The bill does contain some exceptions.

HB 549 -- Theft -- targets so called porch-pirates. With Governor DeSantis signaling his support, the bill is now rapidly progressing through the process. SB 824 is the Senate companion bill. While current state law already makes it a third-degree felony to steal a package worth over $100 from someone’s porch, the proposed bill would lower the threshold to $40 or less.

In addition to penalties for porch piracy, the legislation also targets retail thefts, especially those organized in conjunction with others, adding new penalties for looting and “smash and grab” crimes and lengthening the amount of time in which someone can be prosecuted as a repeat offender from a month to a year.

HB 601 -- Complaints Against Law Enforcement and Correctional Officers -- This bill will pre-empt local governments and prohibit local police review boards. Awaits Senate action.

HB 759 -- Solicitation of Contributions Act -- This bill will prohibit panhandling in most cases, from 4 p.m. to 9 a.m. the next day, and makes the violation of the proposed panhandling law a felony. Died in committee.

HB 1551 -- Florida State Guard -- has passed its first House committee. This bill would remove the current restriction stating that the Florida Guard can only be used in Florida, thus allowing the Guard to be deployed to other states during natural or man-made disasters. The bill also reduces training requirements. Awaits Senate action.