Heading into the back half of Session, the Legislators have filed 1,888 bills--half of which could be considered "clean-up bills"--and passed 15 (including the November Special Session). As expected, the focus expands now to budget negotiations. Compared to previous years--especially after the federal support of the last couple--this is set to be a year of austerity. The House budget--at $115 billion and change--is about $2 billion less than last year's budget of $117 billion, and that is $1 billion more than the Governor's first proposal of $114 billion. Also of note this week are a few bills that take aim at local control.

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 -- After several years of dying in committee, things look better for Senator Keith Perry’s efforts to prohibit drivers from camping out in the left-hand lane on roads, streets or highways of two or more lanes in the same direction and a speed limit of at least 66 mph. Drivers who violate could get fined and ticketed. Now in the Rules Committee. The House companion bill (HB 317) is awaiting final passage there.

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. Now in the Fiscal Policy Committee.

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.

It has passed the Education Committee and is awaiting action in the Education Appropriations Committee.

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. It has passed the Commerce and Tourism Committee and is now in the Agriculture Appropriations Committee.

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. It was amended in the Criminal Justice Committee and awaits further action. At this time, there is no House companion bill.

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. It has passed the Regulated Industries Committee with a substitute bill, and is now in the Agriculture Appropriations Committee. The House companion bill (HB 1007) has passed the Regulatory Reform and Economic Development Subcommittee and now sits in Appropriations.

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. Now 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, but the House companion bill -- HB 1327 -- has passed the Regulatory Reform and Economic Development Subcommittee and is waiting to be heard by the Agriculture and Natural Resources Appropriations Subcommittee.

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 is in the Infrastructure Strategies 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." This bill is sailing through committees and appears to be on a come Monday path to the Governor's office for action.

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 awaiting action in the State Affairs Committee.

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. It has advanced rapidly through the House committees, and the bill currently awaits a hearing with the entire House.  

The Senate companion bill, SB 1178, is carried by Senator Bradley and aims to improve transparency requirements for condo associations and establishes criminal penalties for board members who do not comply with inspection and safety requirements. In addition, the bill specifies education requirements for condo association board members, sets insurance requirements and bans condo board members from using association funds for defamation and libel actions.

        

The bill comes with an appropriation of more than $7 million with more than $6 million in re-occuring funds. The money is primarily to beef up the Department of Business and Professional Regulation (DBPR) in its charge to enforce the state’s condo and condo association laws.

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. Now in the Criminal Justice Subcommittee.

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. It is in the PreK-12 Appropriations Subcommittee, awaiting action. There is a similar bill, CS/SB 1264, that will likely be merged with 1349.

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. They are in the Criminal Justice Subcommittee.

SB 438 -- Term Limits for County Commissioners -- This bill sets a limit of 8 consecutive years for County Commissioners. Awaits action in the Rules 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. It passed the Rules Committee on a 17-0 vote and moves on to Regulated Industries.

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 second reading by the full House, while the Senate bill has passed two committees and awaits final action by Finance and Tax before heading to the full Senate for consideration.

SB 1510 -- Municipal Utilities -- This bill would establish limits on utility revenue transfers for municipal utilities. It awaits action in the Senate. The House companion, HB 1277, has passed several committees and awaits action in the Commerce Committee before heading to the full House. 

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.

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.

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." 

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.   

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. 

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.” 

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.

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. 

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. Favorable vote by the Commerce and Tourism Committee; now in Regulated Industries.  

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.   

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.

This bill has passed two of the three committees assigned to it in the House. 

SB 1260, the Senate companion bill, has passed the Commerce Committee on a 4-2 vote and awaits action in the Appropriations Committee on Transportation, Tourism and Economic Development. 

HB 1 -- Social Media Use for Minors -- This high-priority bill by Speaker Renner speedily passed the House and would create some the nation's strictest social media prohibitions and standards meant to prohibit anyone under 16 years of age from many social media platforms. But, it is encountering headwinds from Governor DeSantis. At a media stop in South Florida, the Governor expressed concern that the bill, if signed into law, would face significant legal challenges. “What I’ve said previously, these things have huge legal hurdles. They’ve been held up in courts. I don’t want to go down the road of doing something that is not going to pass muster legally,” DeSantis said.

While there is still time to revise the bill this Session, it appears the issue may be heading to a stalemate.  

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

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.

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. Favorable vote by the Judiciary Committee; now in Fiscal Policy.

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 last week 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 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." It remains in the Healthcare Regulation Subcommittee.

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.” 

Taxes 

Long a priority of the Florida Chamber, SB 1144 and HB 609, would repeal local governments' ability to levy a local business tax, targeting specifically the Business Rent Tax on commercial property. Florida is the only state that levies such a tax.

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. It passed its first committee in a 5-3 vote.

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. Now in the Judiciary 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. 

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. 

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.   

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.

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.