Item N04 N4
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE
u,.. 9 Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
- James K. Scholl,District 3
' David Rice,District 4
Board of County Commissioners Meeting
June 21, 2023
Agenda Item Number: N4
2023-1057
BULK ITEM: Yes DEPARTMENT: Legislative Affairs
TIME APPROXIMATE: STAFF CONTACT: Lisa Tennyson
TBD
AGENDA ITEM WORDING: Report on 2023 State Legislative session outcomes. TIME
APPROXIMATE 10:00 A.M.
ITEM BACKGROUND:
This is a session wrap-up discussion. The Florida State legislative session concluded May 7, 2023, as scheduled.
Monroe County's lobby team will be present to join in the discussion.
The Commission's priorities included appropriations for Stewardship, land acquisition,Emergency Operation
Center,new mooring fields, and vessel mobile pump-out services;rolling back the occupational license preemption,
bolstering ACSC/ROGO regulations amid development and agricultural/agritourism preemptions, authority to levy
an additional penny sales tax for resilience infrastructure; vacation rental grandfather protection;preservation of
affordable Citizens wind insurance rates,preservation of home rule authority, and statewide funding for resilience,
affordable housing and Everglades Restoration.
Major kudos to our representatives Rep Mooney and Sen Rodriguez, strong and effective advocates on behalf of the
County's legislative priorities in Tallahassee.
A brief recap of Monroe's session outcomes:
1) Banner year for local appropriations:
3366
• $25m for Stewardship
• $10m for artificial reef
• $1.61n for mooring fields
• $625k for mobile pumpout program
• $50m for Resilience projects(3 road elevation and 2 living shoreline projects)
2) Lots of funding for Statewide issues that are priorities for us:
• Continued state investment in Everglades Restoration: $600m
• Florida Forever Program: $100m(for land acquisition which very important in helping us address takings
cases and affordable housing)
• Affordable Housing: $700m
• Resilience: $300m
3) In addition to funding,we were successful in securing some policy priorities as well:
• Secured a carve out from the occupational licensing preemption, and a postponement of the expiration date
for local licensing programs.
• Legislation was secured allowing for use of the 1,300 ROGOs for affordable housing(this was included in
the big Affordable Housing bill, SB 120)
• Clarified that Monroe's ROGO and comp plan development regulations may not be superseded by statutes
that incentive or promote development, and corrected a statute reversing required density bonuses.
• Preserved our VR grandfathered protections,but no rollback of preemption. State still preempts all
regulation of VR, so we may not do more than what is in our grandfathered rules.
4) Not successful:
• Effort to fund Florida Keys Stewardship through the Land Acquisition Trust Fund.
• Securing legislative authority to levy an additional one penny sales tax to pay for resilience infrastructure
projects. This is a non-starter with legislative leadership.
4) Preemptions Galore!
• The Legislature once again exerted a lot of time and energy trying to weaken home rule.Notably, SB 170
passed by both chambers enables local governments to be sued for damages by business owners for
ordinances they claim impact their businesses. Luckily,many of the preemption bills we were concerned
about like not being able to have local water quality protections, eliminating local TDC funds, eliminating
local preferences on local construction projects,not being able to protect historic buildings, commissioner
term limits, ended up failing this session.
• Working together with other Counties,through the Florida Association of Counties,to protect home rule
authority and oppose preemptions, is hugely helpful. However,we can expect to see these and more next
session.
3367
Attached for reference:
• Monroe County's 2023 State legislative Priorities Outcomes Chart
• Monroe County's 2023 State Legislative Priorities List
• Monroe County's 2023 State Legislative Agenda
• FAC's 2023 Session Final Report
2023-24 Session Dates:
• FAC Annual Conference: June 27-June 30,2023 Orange County
• FAC Policy Conference: September 13-14, 2023 Seminole County
• FAC Legislative Conference:November 15-17,2023 Hillsborough County
• Interim Committee Weeks: September-December 2023
• FAC Legislative Day: January 17,2024
• Legislative Session Convenes: January 9,2024
PREVIOUS RELEVANT BOCC ACTION:
Approval of the 2023 State Legislative Agenda.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: N/A
DOCUMENTATION:
2023 Session End Outcomes Chart.pdf
2023 Leg Priorities One Pager(Final).pdf
FAC Legislative Ses sion-Final-Rep ort-2023-Final.pdf
2023 State Legislative Agenda(Final).pdf
FINANCIAL IMPACT:
N/A
3368
0 M
W M °
J 2 0
w L0 h m 7
0 w w « 0 0
> > > > > > > z > > z z > > m > > > >
0 a a
u r
a a
m
"
O y " 0 N %' m
u 0 � •• m v v u _" .. a v
0 C C N v E c
p 0 0 ,_ a 0 0 0 0
0 [ LL 0 v
> o ° > 0 0
E w "
E
v �, E v a c m c o m o
° c � oE a� or ] - ] w a v na
0 L 0 000 000 > c0 w m io p v m 9 $ !^ v .a
" .0 00 0 ] wo ° v `o aN m4 av 3v °
Z y v a0 nr @ � ` a v - Eo oC ° °°
0 0 0 C 0 0 m - '0 " U u U a"+ N a N E C u y w
G 3 a -0 0 C � C v c m 0 a N S Q 0-a
V o a ac � ° � m � m 6 a E � b0 N s ° to N g 0c
a a U N k 0 ] w m E L �/�. N u
Q N •V lG ei t0 ei VI C a m a C 0 U a Q w 41 a 0 -0
N W N ih V1 7 N -0 - C E c 3 i+ 0 W C w 0 ] v a f0
J U m ] E 0 j O N d o > � a 0 y v O u 0. E p
Q ° m `oCv " r N > cm m of
Z 0 m > -d >. 0 " E `o t " o. c a s m m s ° Q o
m v 0 > m ] a _ w o f > a o m y v o
LL = u a u c a � ] ] y c m a a v
u o w 0 a ° o O c n 0 ° v y y L a 0 c a
0 'a _ U > N C y - w N 'a a h0 m
v u m o a v - > N v m o m a
v y Q E m m
" E a v 0 ° c o c ] a " ] °
m > 0 0 u E 4 a Q ° v oo m N
O v w v L Q m J v w a m ° 0 > ] '^
a U10 0 O N c 0 w y = bq a
°- a > °m p v 10 3 ri
N o ° 0 3 " J v" v E all o
m " 0 0- ] " m > � E
N " c "v Ec ] . m
a Q = m m w 9 N L 00 C 0
F _
> c 0 00 v "
0 Q w L U
w `o
m 9 " a, v u v v C m 0 > o
L- " g 0 u , E 9� m "o 'm"m 0 a
v o " ooN > m E c -0 3 o v ] s a
N 0 0 > E v E
> x ] a° ° m >> Cc m
Y c
« u m N N C v a,L i W O m C u O v by
a N = n v c m v L
E° v s o`0 c E v L "m - -o
IN p 0 a v m = ° - -°o o Q J
d L v o v N c v m a >
o c N E m v m w
E N '0 "6 ] O a as+ 0 0 « - c E N 0 0 N (j Ol m 00 w L
`v m 0 v u " u a axi m v E _v 00
a u w on c c ] o o _ m o a
u Y m e E o ] m m m o
u 0 w o :t > "c u o o a a v u
0 N ^ N w c = v 0 Q v o w a v E " c E v > o
to �p N m ' v " 0D ] m w
m 'h v' '^ '^ 'Y -o Y v n c c v °- o u _o m m Y a m . a " v v o > m
m w LL ' Ol 3 > 0. L C Ol E X
W o c v Q m y o o C u _ f0 a v N a w m m a
0 Ea j w�� a n0 > ° u E E w "m " a w
- Y 0 '0 " v v c c
'�`0 0 � m a c a c m y m > o ° c `a
L m E O L `o Y a w
0 v m v >c v > c o a v u a
v a o a m > 3 E E v ] a m v a o N a
m `0
Y > o 'a m mCa m � tum ? � � v m ] a NE a
c c O k - c N i 0 - w 0 a
o 3 v " o ] ] °
b0 0 0 N 00
> v 3 v .0 0 0 ..
C0 O ~ 0 •ia v � ] > 0 r 0 m Q
w m -
w v a 0 1 bq= N Q Q O R 1 a
" v a
mm
w
N �
V u u j
N
w 0 N 10 i m
0 0 0 r c
a = c c v c c N c m
H 0 0
> - a a` ;N c 0 m c ° c c c
m u a - 0 0 3 0 w a o �
0 ' Q ° a ° ° c c 4 Eaj
c a a a as Q E m "w x
a a 0. c 3 v —° a`n c 3 a ° a o w
W m Q Q c a Q is
m a w m Q z w c " a v
3 w c 0 J to Q c w s a a a
c w LL y m c 0 c m E c
w c u E LL w 3 > m r w "c x 0 c w m
m 3 c c E w 0 c w V) 0 0 m c w > oa i Q
u C C m C u LL V 0 x C w IL
u 'o LL c > m m T 0 N m "w 3 c l7 a m w
0 3 a 0 V 3 w m u 0
c Q a ^ $ m w W a m c
w a 0 c a � o _ > u o w c c a
0 v 0 r w � c m 0
0 c > LL o Q c 0. w c u > v W c
i 3 m a il 3 m a
Z `m w 5 u `m m m a E w m ? m
0 3 m `o a c v c > c c c w LA
w H w 0 w •, 0 W 0 0 E m ut
> £ m = > u o n
VI w W N 0 m 0. > m =
m J j w W w o 0
Y W Y V C
W LL 0
Q
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN '
2023 STATE LEGISLATIVE PRIORITIES
FLORIDA KEYS STEWARDSHIP ACT FUNDING
✓ Support $20M appropriation for the Florida Keys Stewardship Act to construct water quality projects to
improve/protect the quality of the Florida Keys' nearshore waters and the Florida Keys National Marine Sanctuary,
and$5M appropriation within Florida Forever for land acquisition the Florida Keys.
✓ Support SB 54/HB 135 to fund Florida Keys Stewardship Act from the State's Land Acquisition Trust Fund.
EMERGENCY OPERATION CENTER FUNDING
✓ Support $6M appropriation for Monroe's Emergency Operation Center to help fund the unanticipated cost
escalations driven by current market conditions.Project began October 2022 with expected completion February 2024.
MARINE PROTECTION FUNDING
✓ Support $1.6M appropriation for new moorings to reduce and prevent derelict vessels to comply with SB 1432
(2022)that requires Monroe to install 100 new moorings.
✓ Support continued state funding for DV removal costs.
✓ Support State funding for a Florida Keys artificial reef/habitat protection program.
LOCAL OCCUPATIONAL LICENSING PREEMPTION
✓ Support legislation to enable local licensing programs to continue for small, specialty tradespeople and contractors
(amend HB 735, 2021).
AFFORDABLE/WORKFORCE HOUSING
✓ Monitor legislation that would allow the local governments of the Florida Keys to accept 1,300 early evacuation
allocations for workforce housing previously awarded by the State.
✓ Support State efforts to facilitate and fund the development of affordable and workforce housing.
✓ Support legislation that ensures that affordable housing statutes may not bypass Monroe County's Area of Critical
State Concern and Rate of Growth Ordinance development restrictions.
✓ Support legislation that gives temporary flexibility to Monroe County's SHIP program with regard to its income
distribution requirements to ensure we can use our full allocation.
RESILIENCE/FLOODING MITIGATION FUNDING
✓ Support funding for Monroe's infrastructure resilience projects submitted to DEP's Resilient Florida grant
program for road elevation and funding for residential resilience projects submitted to DEM's HMGP/FMA grant
program for elevation/buyout/demo-rebuild.
ENVIRONMENTAL PROTECTIONS ON AGRICULTURAL LAND
✓ Support legislation to exempt ACSC or clarify that use/structures on agricultural land is not exempt from federal/state
environmental regulations,which the County is required to enforce.
PROTECT AFFORDABLE CITIZENS WIND INSURANCE
✓ Support legislative efforts to protect affordable wind insurance;exempt Monroe County from the new 11%-15%glide
path for annual rate cap increases, to keep Monroe's rate cap increase to 10%, recognizing that Monroe County
pays the highest Citizens rates in the State despite having the strongest building codes.
VACATION RENTAL REGULATION PREEMPTION
✓ Support legislation to exempt ACSC from preemptive vacation rental regulations or legislation or allow local
governments to amend and update grandfathered regulations without losing grandfathered status.
Contact information: Roman Gastesi,County Administrator,305-292-4441,gastesi-roman( monroecounq,-fl.gov
Lisa Tennyson,Dir.Legislative Affairs,305-292-4441,tnnyson-lisa@monroecounty-fl.gov
3370
i pppppp
e �i
� / I
,
i
4 1 !
J r
i / n
i ,-a-, �� �!f �� rrrrr�nnnnnrrre� �ni���raa»I�iimnnnJlllVlmial i i�i
i o �i
i
i
!1 I it 1 u
i f
l l
�li l ri
i
i
f
rr
1
/ l
i
i
f
i
r /
ii ii
o
00000000000000000000� �
�«d
ANO/I
r
II/
9,
su
�m
7m „h i j
%i
t
3371
2 3372 m
1 EXECUTIVE COMMITTEE
r
Fifi" l
LEE CONSTANTINE BILL TRUEX TERRY BURROUGHS
Seminole County Charlotte County Okeechobee County
President President Elect First Vice President
MICHELLE LINCOLN RALPH C. THOMAS, JR.
Monroe County Wakulla County
Second Vice President Immediate Past President
3373
u
o-
I uuuN� uuuN� uuuN uuu uuuN 111 Il I i.III II .IIII ;
V
� IIII
III
COUNTY COMMISSIONER of local tourist development tax (TDT) revenue is redirected to
TERM LIMITS FAILS sustain the program for three years—specifically, the program
transfers 2% of TDT revenues from rural counties, and 5%
SB 1110 — Term Limits by Sen. Ingoglia, places term limits from all other counties. After the first three years, counties
of eight years on all county commissioners, prospectively may continue to voluntarily fund the program. The estimated
taking effect on July 1, 2023.The legislation applies to both fiscal impact of this redirection is roughly$75 million per
charter and non-charter counties as the legislation expressly year on county revenues. Additionally, the bill sunsets all
supersedes term limits within any county charter.The language active TDT levies in 2028, and require a 60% referendum
clarifies that this should not be construed to extend the term every six years to renew or impose any TDT levies in the
of any commissioner already subject to term limits within their future.This represents a significant barrier to maintaining
county charter. For instance, a commissioner scheduled to counties' collective $1.5 billion in tourist development tax
term out in 2 years based on term limits within their county revenues. Meanwhile,the six-year referendum requirement
charter would not receive an additional 6 years of eligibility potentially compromises counties' ability to use TDT as a
under this bill. bondable source.There was never a Senate companion.
WATER CONTROL SUPER IMPACT FEE/MOBILITY FEE
PREEMPTION FAILS, NEVER HEARD PREEMPTION FAILS
HB 1197/SB 1240- Land and Water Management by HB 235/SB 350-Alternative Mobility Funding Systems by
Rep. Maggard and Sen. Burgess failed this session after never Rep. Robinson and Sen. Brodeur failed this session. HB 235
being heard in the House or Senate.The bill preempts stalled in its last committee, House Commerce, and SB 350
counties from the regulation of water quality,water quantity, was never heard.The bill provides that only the local government
pollution control, discharge prevention or removal, and that approves a building permit may charge for transportation
wetlands to the state.The language within the bill preempts impacts within their jurisdiction. The permitting local
all such regulations to the state with no indication of who will government must collect and account for extra-jurisdictional
take on the additional local responsibilities. The bill includes impacts, but there is no clarity on how fees for these impacts
narrow exemptions which does not apply the preemption to: would be determined or allocated.This presents challenges
• An interagency or interlocal agreement between for county road systems that transcend municipal boundaries.
specified entities, between the Department of Early in the process, the bill contained language that
Environmental Protection and any agency,water
eliminates a county s authority to increase their impact fees
management district, or local government affecting the beyond the statutory limits with a finding of extraordinary
water resources of the state. impact.
• Affect the authority over the regulation and operation
of its own water systems, wastewater systems, or BILLS EXPEDITING PERMITTING
stormwater systems.
PROCESS FAILS, AFTER PASSING
BILL THREATENING TDT REVENUES, ONLY ONE HOUSE COMMITTEE
BONDING CAPACITY FAILS HB 671/SB 682- Residential Building Permits by Rep.
Esposito and Sen. DiCeglie failed this session. HB 671
HB 7053- Tourism Development by Reps. Giallombardo made it through one committee stop, while SB 682 was
and Yeager failed this session;the bill was never heard again never heard in any committee. The bill dramatically reduces
after passing as a committee bill. After considerable public the current time frames for the building permit process by
resistance from local government and tourism organizations, eliminating the current 30 business day timeline for single
the bill failed.The bill sought to reshape the funding family dwellings. Furthermore, the legislation revises the
mechanism behind the Visit Florida program, the state's reduction to building permit fees when a private provider is
tourism marketing arm. Under the bill, the state defunds used for plan review or building inspection services from the
the program of any state funding, and prohibit state amount of cost savings realized by the local enforcement
appropriation to the program in the future. Instead, a portion agency to a required 75% reduction.
4 3374
• Reduces the current 10-day period for the local enforcement VACATION RENTAL PREEMPTION
agency to notify the applicant of the information needed, FAILS
if any, to deem the application properly completed to
3 CALENDAR days and requires the notification to be SB 714/HB 833 - Vacation Rentals by Sen. DiCeglie/
in writing; Rep. Duggan failed this session, after failing to gain traction
• Reduces the timeframe after receiving a completed in previous legislative sessions.The House passed a delete-
application within which the local government may notify everything amendment on SB 714, but the Senate did not
an applicant that additional information is needed from concur and the bill died in messages.
45 days to 9 CALENDAR days and requires the notice
to be in writing; The bill preempts licensing of public lodging and food service
• Reduces the number of times a local government may establishments to the state, as well as the regulation of vacation
request additional information from three times to two rental advertising platforms. The bill authorizes counties to
times and reduces the time frame for the local government establish a registration program for vacation rental properties.
to respond to the additional information submittal from Counties may charge a nominal fee for registration—recent
15 days to 9 calendar days; amendments by both the House and Senate sponsors would
raise the cap of these registration fees to $150 for an individual
Additionally, the bill provides that before a second request registration or$200 for a collective one. However, the Senate
for additional information may be made the local government language limits a collective registration to 25 units.The bill
must offer the applicant to meet in person or electronically would allow counties to revoke or deny a registration for the
and the meeting must occur within 5 calendar days after the following reasons:
applicant notifies the local government in writing that they • Unsatisfied county/municipal lien, following a 60-day
would like to meet.This requires the local government to state period allowing the property owner to satisfy the lien
the sufficient reason for denial for any application denied. • Repeated violations of local law,ordinances,or regulations;
For single family dwellings,two family dwellings and townhomes the threshold for revocation is three or more such violations
in master planned communities, the time frames are even in the Senate bill, and two or more violations in the
shorter— 1 calendar day for additional information requests, House version.
5 calendar days to respond to a completed application or a The bill would also allow local governments to regulate the
submittal of additional information. FAC raised concerns this following conditions of registration:
session about the unintended, negative consequences that will • Requiring proper identification by the property owner/
result from a quick approval process from customer service, his or her agents
staffing, public safety, and more.The use of"Calendar" Day • Obtaining a license to operate as a vacation rental
is problematic and could lead to automatic approvals on • Requiring proper tax documentation (Senate Only)
weekend and allow for incomplete applications to be deemed • Maintaining current information regarding the vacation
approved even if the application is incorrect. rental property
• Parking and solid waste standards (Senate Only)
A comparable bill, HB 765- Building Permit Applications to • Requiring a designated party on call to respond to
Local Governments by Rep. Roth also failed this session and complaints/immediate problems concerning the property
was never heard.This bill requires local governments that • A statement of maximum occupancy
issues building permits to post the following on its websites: • Requiring the property owner to provide information
each type of building permit application, including a list of regarding public health and safety, as well as applicable
all required attachments, drawings, or other requirements laws, ordinances, and regulations. (Senate Only)
for each kind of application, the local government's
procedures for processing, reviewing, and approving SOLID WASTE CONTRACTING
submitted application, and the local government's schedule PREEMPTION FAILS
of reasonable fees.A local government may not issue a
building permit unless: the permit includes a statement. In SB 798/HB 975- Solid Waste Management by Sen.
addition to the requirements of this permit, there may be Ingoglia/ Rep. Holcomb failed this session. SB 798 was never
additional restrictions applicable to this property that may heard this session, and HB 975 passed only one committee,
be found in the public records, and there may be additional House Local Administration, Federal Affairs, &Special Districts
Subcommittee.The bill prohibits counties and municipalities
permits required from other governmental entities such as
from prohibiting or unreasonably restraining private entities
water management districts, state agencies, or federal
agencies. from providing solid waste management services within the
local government's jurisdiction.This includes negotiating
3375
exclusive commercial solid waste franchise agreements. installation of the housing, though the two chambers could not
Counties and municipalities may require these entities to reach a consensus on specifics.Authorization for construction
require a permit,license,or non-exclusive franchise equivalent, does not require approval by ordinance or resolution of the
though the cost may not exceed a nominal amount for governmental entity where the land is located.
administration. The bill also sunsets all active commercial
solid waste franchise agreements at the conclusion of their The bill prohibited a county or municipality from requiring
current contract and prohibits exclusive renewal. However, the removal or relinquishment of an agricultural classification
local governments could continue to charge existing franchise for land that is subject to a contract for sale that requires a
fees in excess of administrative costs for the duration of any development permit as a condition precedent of sale if the
active contract. landowner notifies the county or municipality that the
reclassification is requested as a condition precedent for
RECALL OF COUNTY a pending sale of the land.
COMMISSIONERS FAILS BILL PREEMPTING LOCAL
HJR 131- Recall of County Officers and Commissioners and
HB 209- Recall of County Commissioners by Rep. Rudman GOVERNMENTS IN BUILDING
failed this session, after passing in the House unanimously. DEMOLITION FAILS
HJR 131, the joint resolution, proposes an amendment to the HB 1317/SB 1346- Local Regulation of Nonconforming or
State Constitution to authorize the Legislature to provide to Unsafe Structures by Rep. Roach and Sen.Avila failed this
general law for the recall of county officers and commissioners. session. SB 1346 passed with a vote of(33-6) in the Senate
HB 209, the implementing bill, provides that any member but was never taken up in House messages.The bill creates
of a non-charter county may be removed from office by the the Resiliency and Safe Structures Act (Act), providing that
electors of the non-charter county. While the joint resolution a local government may not prohibit, restrict, or prevent the
provided for recall of county commissioners and county demolition of the following structures for any reason other
constitutional officer recall,the implementing bill only specified than public safety:
recall of county commissioners.The Senate bill, SB 1066, Nonconforming structures on properties that are, or have
stalled in its last committee, Senate Rules. •
a portion that is, seaward of the coastal construction
control line and that are also within zones V,VE, AO, or
AGRICULTURAL EMPLOYEE AE, as identified in the Flood Insurance Rate Map issued
HOUSING LEGISLATION COMES by the Federal Emergency Management Agency.
• Any structure determined to be unsafe by a local building
UP SHORT official; and
HB 1343-Agricultural Lands by Rep.Tuck (SB 1184 — by Any structure ordered to be demolished by a local
Sen. Collins) failed this session. HB 1343 passed unanimously government that has proper jurisdiction.
on the House.The Senate then passed a delete-all amendment
providing additional acreage and buffer requirements for The bill provides that a local government must authorize
agricultural employee housing. Ultimately, the two chambers replacement structures to be developed to the maximum
could not agree on the final version of the legislation and the height and overall building size authorized by local
bill died in messages. development regulations.The bill prohibits a local government
from imposing certain restrictions and limitations on a
Early versions of the bill would prohibit counties from levying replacement structure to be built on the property where a
special assessments on land classified as agricultural, with structure was demolished. The bill provides that a local
the exception of any assessment revenues that are pledged government may review an application for a demolition
for debt service. This applies to any such bonds issued before permit only administratively for compliance with applicable
July 1, 2023. It also clarifies that this prohibition does not building and safety codes.
apply to non-agricultural structures on the property, whether
residential or not, as well as the structures' curtilage.This
provision was ultimately removed from the bill and added
to the Tax Package, HB 7063.
The bill provides that the construction or installation of housing
for agricultural employees/migrant farmworkers is an
authorized use of farm land zoned for agricultural use.
The bill also provided additional criteria for construction/
6 3376
LEGISLATION EXPLORING project of the contractor performing the dredging activity
COUNTY REALIGNMENT FAILS for the local government.The bills direct the local government
to provide written notice of its intent to conduct a habitat
NEVER HEARD equivalency analysis to adjacent local governments that may
SB 740- Statewide Blue Ribbon Task Force on County be impacted by the dredging activity.
Realignment by Sen. Brodeur failed this session. The Senate
bill was never heard, and there was no House companion. LOCAL GOVERNMENT FLAG
This bill creates the Statewide Blue Ribbon Task Force on DISPLAY PREEMPTION FAILS
County Realignment within the Department of Economic SB 668/HB 1011 — Flags by Sen. Collins and Rep. Borrero
Opportunity to study and evaluate the effectiveness, efficiency, failed to gain momentum this session. Neither bill was heard;
and value of realigning, contracting, or expanding county SB 668 was on the committee agenda but ultimately
boundaries in this state.The task force must evaluate whether postponed indefinitely. This bill prohibits certain governmental
realigning, contracting, or consolidating county boundaries agencies and units of local government from displaying
would better serve constituent needs, and whether services specified non-approved flags.
offered by counties, including services offered by constitutional
officers, could better serve the overall population of the state CONTRABAND FORFEITURE
through realignment. LEGISLATION FAILS
ORGANIC MATERIAL RIGHT TO HB 1081/SB 1556- Contraband Forfeiture by Rep. Benjamin
and Sen. Perry failed this session. HB 1081 passed only one
FARM PREEMPTION FAILS committee stop and SB 1556 was never heard in any
HB 13 61- Organic Materials Products by Rep. Truenow committee.The bill creates s. 932.7071, F.S., to prohibit a
and SB 1472- Organic Products by Sen. Bradley failed this local, county, or state law enforcement agency or other
session. HB 1361 passed through all committees but was seizing agency from referring, transferring, or otherwise
never heard on the floor. SB 1472 stalled in its second relinquishing possession of property seized under state law
committee, Senate Community Affairs.The bills were in to a federal agency for the purpose of forfeiting the property
different forms. HB 1361 adds activities related to organic under federal law.The bill also limits a state or local law
material collection, storage, processing, and distribution to enforcement agency's ability to receive proceeds from a
the types of farm operations that are protected under forfeiture obtained in a joint task force operation with the
Florida's Right to Farm Act. SB 1472 prohibits local governments federal government if the forfeiture is made pursuant to federal
from adopting any ordinance, regulation, rule, or policy law unless the value of the seized property is over$100,000.
to prohibit, restrict, regulate, or otherwise limit collection,
storage, processing, or distribution of organic material BILL ADDRESSING TICKET
products.Additionally, the bill provides that such activities RESELLERS FAILS
are bona fide farm operation &lands associated with such
activities are agricultural. HB 317/SB 388- Resale of Tickets by Rep. McFarland and
Sen. Bradley failed this session. HB 317 was never heard,
DREDGING AND BEACH while SB 388 stalled in its second committee, Senate Judiciary.
The bill preempts the regulation of sale or resale of tickets to
RESTORATION PROJECTS the state; a local government may not impose requirements,
LEGISLATION FAILS restrictions, or conditions upon the sale or resale of tickets.
The bill provides requirements for websites of ticket resellers,
HB 979/SB 1072- Dredging and Beach Restoration Projects including donation, transfer, & resale of certain tickets.
by Rep. Gossett-Seidman and Sen. Rodriguez failed this Additionally, it authorizes the original seller to request certain
session.The bills amend s. 403.816, F.S., to provide that, as information from final ticket holders and prohibits the original
a condition of a permit issued for maintenance dredging of ticket seller from taking certain actions against a person who
deepwater ports, the Department of Environmental Protection purchases or resells a ticket.
(DEP) must require a habitat equivalency analysis to determine
the adverse impacts of the dredging activity on the natural
habitat.The bills require the analysis to be conducted by an
independent contractor selected by the local government in
a manner prescribed by DEP. Further, the independent
contractor for the analysis may not be associated with any
3377
HEAT EXPOSURE SAFETY F.S., or a forcible felony under s. 776.08, F.S., or is related
PROGRAMS LEGISLATION FAILS to the profession's practice.
SB 706/HB 903 — Heat Illness Prevention by Sen. Rodriguez Additionally a comparable bill, SB 1124- Employment of
and Rep. Barreiro failed to move in both the House and Ex-offenders by Sen. Calatayud/HB 1443 by Rep. Smith
Senate.This bill requires employers who employ those and Waldron failed this session. SB 1124 creates state-level
regularly working in an outdoor environment to implement procedures by which agencies and licensing boards must
an outdoor heat exposure safety program approved by the abide in their determinations whether to grant or deny a
Department of Agriculture and Consumer Services and the license, permit, or certification to pursue, practice, or engage
Department of Health, specifying requirements for the safety in an occupation, trade, vocation, profession, or business
program. The bill requires responsibilities for certain employers based on an individual's criminal conviction.The bill places
and employees, including access to drinking water, shade, an enhanced burden on agencies to prove by clear and
and training and enforces annual training on heat illness and convincing evidence that the applicant has not been
providing requirements for such training, the Department of rehabilitated based on the applicant's current circumstances
Agriculture and Consumer Services, in conjunction with the and mitigating factors set forth in the bill.
Department of Health, must adopt specified rules.
SAFE WATERWAYS ACT FAILS LEGISLATION REQUIRING THE
SB 172/HB 177- Safe Waterways Act by Sen. Berman and INSTALLATION OF WATERWAY
Rep. Gossett-Seidman failed this session. SB 172 was never MARKERS FAILS, NEVER HEARD
heard, while HB 177 made it through its first committee, House SB 1640- Installation of Waterway Markers by Sen. Gruters
Healthcare Regulation Subcommittee.The bill provides that failed this session.The bill requires all waterway markers,
counties are responsible for maintaining the health advisory including waterway markers permitted on or after
signs around affected beach waters (elevated levels of fecal July 1, 2023, and information markers placed by counties,
coliform, Escherichia coli, or Enterococci bacteria in the municipalities, or other governmental entities, must be affixed
water) and public bathing places that they own. It requires, to a plastic breakaway structure or a floating buoy.A state or
rather than authorizes, the Department of Health to adopt and local governmental entity may not affix a waterway marker
enforce certain rules. to a steel beam or wood piling.Any state or local governmental
entity waterway marker affixed to a steel beam or wood
LEGISLATION ADDRESSING piling before July 1, 2023, must be replaced with a waterway
THE EMPLOYMENT O F marker affixed to a plastic breakaway structure or floating
buoy by January 1, 2024.There was no House companion.
EX-OFFENDERS FAILS
HB 489/SB 1028- Professional Licensing Requirements for BILL RESTRICTING LOCAL
Barbers and Cosmetologists by Rep. Chambliss and Sen. GOVERNMENTS WITHIN
Stewart failed this session. Both bills were heard in at least
one committee stop but ultimately stalled. The bill prohibits FLOODPLAIN MANAGEMENT FAILS
a regulatory board within the Department of Business and SB 920 — Local Floodplain Management by Sen. DiCeglie
Professional Regulation (DBPR) from considering a criminal was never heard.This bill prohibits local governments from
conviction, or any other adjudication, for crimes more than adopting technical amendments to the Florida Building Code
three years before the date the application is received by a to implement the National Flood Insurance Program or
board, as grounds for denial of a barber or cosmetologist or incentives from denying requests for specified variances
cosmetology specialist license. However, this prohibition does or exceptions to certain local floodplain management
not apply if the applicant was convicted of a crime at any time requirements. There was no House companion.
during the three-year period immediately preceding the
application. Current law prohibits the DBPR's regulatory
boards from considering a conviction, or any other adjudication,
as an impairment to licensure for a crime more than five years
before an application is received by a board.
Under current law and the bill, a DBPR regulatory board may
consider a criminal background older than three years if the
background includes a sexual predator crime under s. 775.21,
s 3378 M
YOUTH ATHLETIC TRAINING VERTIPORTS PREEMPTION FAILS
PACKAGE FAILS HB 349/SB 1122- Vertiports by Sen. Harrell and Rep.
HB 823 - Youth Athletic Activities by Rep. Yeager failed Bankson failed this session and was never heard.This bill
this session.The bill would require entities that administer requires the Department of Transportation to take certain
or conduct high-risk youth athletic activities or training
actions regarding vertiports. It provides design and layout
related to such activities on certain property to require plan requirements for vertiport owners and limitations
athletics personnel to complete course within specified regarding exercise of political subdivision's zoning &land use
timeframe &to maintain record of personnel who complete authority in regulating vertiports.A local government may not
such course for specified timeframe and provides for specific exercise its zoning and land use authority to grant or allow an
course requirements.
exclusive right to one or more vertiport owners or operators
but may use such authority to promote reasonable access to
LEGISLATION PREEMPTING LOCAL advanced air mobility operations at vertiports.
GOVERNMENTS IN ENERGY
REGULATION FAILS
HB 1217/SB 1238 — Energy Regulation by Rep. Melo and
Sen. Rodriguez failed this session; both bills were never heard.
This legislation prohibits local governmental entities from
requiring or prohibiting certain building materials, vehicles,
or home heating elements; including requiring that a
particular component, design, or type of material be used in
the construction of a building because of the energy saving
or energy producing qualities of the component, design, or
material; requiring a building or structure to be retrofitted with
a particular device or type of material because of the energy
saving or energy producing qualities of the device or material;
and restricting the purchase or use of vehicles based upon
the type of energy used, prohibiting the sale, installation of
natural gas-powered home heating equipment.Additionally,
a local governmental entity may adopt bid specifications for
a public works project that includes energy savings or energy
production provisions with respect to the components, design,
or materials.
LEGISLATION ADDRESSING
THE AGRICULTURAL PROPERTY
CLASSIFICATION FAILS
HB 1529/SB 1678-Agricultural Property Classification by
Rep. Roth/Sen. Calatayud failed this session after never being
heard. This legislation authorizes certain facilities be a per-
mitted use in specified land use categories &zoning districts.
An agricultural- related facility must be a permitted use in
all agricultural land use categories in a local government
comprehensive plan and all agricultural zoning districts within
an unincorporated area. A local government must notify the
purchaser of his or her rights under s. 823.14, and how to
comply with any flood plain management ordinance when an
agricultural classification is granted under this bill.
3379
PREEMPTIONS/MAN DATES- PASSED
AFFORDABLE HOUSING PACKAGE while those serving low-income residents (less than 80%
SIGNED INTO LAW Area Median Income) will receive a full exemption.
• Permits local governments to offer an additional local
SB 102- Housing by Sen. Calatayud (HB 627-Affordable option ad valorem tax exemption to property owners
Housing by Rep. Busatta Cabrera/ Rep. Lopez(V)) was who dedicate units to extremely-low income or very-low
signed into law on March 29, 2023, and can be found income residents. In order to be eligible, a property must:
in the Laws of Florida under Chapter 2023-17. The bill 1. be used to house persons or families meeting the
provides unprecedented funding for the State Housing extremely-low-income or the very-low-income limits;
Initiatives Partnership (SHIP) and State Apartment Incentive 2.within a multifamily project containing 50 or more
Loan (SAIL) programs. Specifically, the package appropriates residential units, at least 20%of which is used to provide
$252 million in non-recurring funds toward SHIP and $259 affordable housing that meets the applicable requirements;
million in total (recurring and non-recurring) toward SAIL. 3. Rent at a monthly amount meets specified requirements.
Additional provisions include: Counties retain the discretion to set the percentage granted
• Eliminates the limited current statutory authority for local by the exemption.The language authorizes counties to
governments to impose rent control measures;the impact deny or revoke this exemption based on repeated code
on existing ordinances appears to be limited to an violations. This would ensure that unsafe/unsanitary
Orange County rent stabilization measure approved properties are not entitled to receive the exemption.
by voters in a November referendum. The measure was Provides for a new distribution of the lesser of 8 percent
struck down under recent litigation, with the Florida of Documentary Stamp Tax revenues or$150 million
Supreme Court ruling in favor of the plaintiffs, namely be deposited into the State Housing Trust Fund. In the
the Florida Realtors Association and Florida Apartment event that the 8 percent Doc Stamp collection allowance
Association. exceeds $150 million, the surplus will be deposited into
• Authorizes counties to approve "mixed-use residential" General Revenue.
development at their discretion that includes affordable Codifies the Hometown Heroes program,which provides
housing (greater than 10% of the units within the down payment assistance and zero interest loans to
development meet the criteria of affordable),within eligible frontline community workforce members.
commercial or industrial zones.
• Requires counties to authorize multi-family and mixed-use LOCAL OCCUPATIONAL LICENSING
residential as allowable uses in mixed use and commercial
zones, conditional on 40%of the residential units meeting TEMPORARY FIX PASSES
the criteria of"affordable"for 30 years.Additionally, the HB 1383- Specialty Contractors by Rep.Trabulsy (SB 1570
bill provides height and density incentives for residential by Sen. Hooper) passed unanimously in both chambers this
development authorized under this section: session.
• Prohibits counties from restricting the density of an
eligible proposed affordable housing development Background: In 2021, the Legislature passed HB 735 which
below the highest allowed density on any preempted locally licensed occupations to the state. However,
unincorporated land within the county the act allowed local licensing to continue for two-years,
• Prohibits counties from restricting the height of an including construction trade occupations, in those counties
eligible proposed affordable housing development that licensed the occupations locally as of January 1, 2021.
below the highest currently allowed within one mile Section 163.211, Florida Statutes, would have expired all
of the proposed development OR three stories— local occupational licenses issued to construction industry
whichever is higher. specialty contractors on July 1, 2023, unless this Legislature
• Provides an ad valorem tax exemption for land owned by takes action.
a non-profit entity leased for 99+years for the purpose of
affordable housing. This session, four bills were filed to address the issues created
• Provides an ad valorem tax exemption for newly in HB 735 including HB 1383 by Rep.Trabulsy, SB 1570 by
constructed or substantially rehabilitated developments Sen. Hooper, HB 1625 by Rep. Mooney, and SB 1584 by
with 70+ units dedicated to providing affordable low- Sen. Perry. The Legislature moved forward with HB 1383 and
to moderate-income housing. Portions of the property SB 1570, after several changes both chambers were able to
dedicated to "moderate income" housing (between 80- agree on the following.
120%Area Median Income)will receive a 75%exemption,
10 3380 m
The bill establishes that local government licensing of statute to include grounds that an ordinance is arbitrary
occupations will now expire on July 1, 2024. By or unreasonable and allows the courts to award attorney
July 1, 2024, the Construction Industry Licensing Board fees and costs to the prevailing complainant.An award of
shall establish certified specialty contractor categories for attorney fees or cost and damages cannot exceed $50,000
voluntary licensure for all of the following: and costs to the prevailing plaintiff. Like challenges under
• Structural aluminum or screen enclosures. current law that are brought against local ordinances on
• Marine seawall work. express preemption grounds, the bill allows a complainant
• Marine bulkhead work. to recover damages against the local government that enacted
• Marine dock work. the local ordinance. The bill requires a board of county
• Marine pile driving. commissioners to prepare a business impact statement before
• Structural masonry. the adoption of certain ordinances. It also requires the
• Structural prestressed, precast concrete work. preparation of a business impact estimate that must be
• Rooftop solar heating installation. published on a county's or city's website at the same time as
• Structural steel. notice of a proposed ordinance is published.Additionally, a
• Window and door installation, including garage door good faith estimates of the number of businesses likely to be
installation and hurricane or windstorm protection. affected by said ordinance and any additional information
• Plaster and Lath. the board determines necessary.
• Structural carpentry.
The following local ordinances are excluded from the business
A local government may not require a license issued by the impact statement requirements:
local government or CILB to perform a job scope which does
not substantially correspond to one of the state contractor Ordinances that implement:
or specialty contractor categories. A local government may • Part II of chapter 163;
continue to offer a license for veneer, including aluminum • Section 553.73;
or vinyl gutters, siding, soffit, or fascia; rooftop painting, • Section 633.202;
coating, and cleaning above three stories in height; or fence • Sections 190.005 and 190.046;
installation and erection if the local government imposed such • Ordinances required to comply with federal or state law
a licensing requirement before January 1, 2021. or regulation;
• Ordinances related to issuance or refinancing of debt;
Further, the bill allows a county in an area that is designated • Ordinances related to the adoption of budgets or budget
as an area of critical state concern, to offer a license for any amendments;
job scope which requires a contractor license under this part, • Ordinances required to implement a contract or an
if the county imposed such a licensing requirement before agreement; including but not limited to, any federal, state,
January 1, 2021. local, or private grant or financial assistance accepted
by a county government; or
Lastly, a local government may not require a license as a • Emergency ordinances.
prerequisite to submit a bid for public work projects if the work
to be performed does not require a license under general law. Additionally, a county must suspend enforcement of an
The bill heads to the Governor's desk for final approval. ordinance that is subject of action if the legal action is filed
no later than 90 days after the adoption of the ordinance,
LEGISLATION REQUIRING the complainant requests suspension in the initial complaint
or petition, and the county has been served with a copy of
BUSINESS IMPACT STATEMENTS the complaint or petition. The bill only applies to ordinances
ON LOCAL ORDINANCES PASSES adopted on or after October 1, 2023.An amendment to an
SB 170- Local Ordinances by Sen.Trumbull (HB 1515 by Rep. ordinance enacted after October 1, 2023, can give rise to a
Brackett) passed this session, after passing on the Senate floor claim only to the extent the amendment language is the cause
with a vote of 28-12 and in the House the last week of session of the claim apart from the ordinance being amended.
with a vote of 82-33.The bill was substantially the same as SB The county ordinance under consideration at a properly
280- Local Ordinances that failed last session. noticed meeting may continue to a subsequent meeting if,
at the scheduled meeting, the date, time, and place of the
Current law allows civil action challenges to local ordinances subsequent meeting is publicly stated. No notice is required
on grounds that they are expressly preempted by state law, except the continued consideration must be listed in an
or conflict with the state constitution. SB 170 expands this agenda or similar to what was produced for the subsequent
3381
meeting.This applies retroactively.The bill heads to the existing local ordinances related to the procurement process
Governor's desk for final approval. for public works projects when any state funds are used.
Additionally, the law removed the 50%threshold and applied
the prohibition on local preference to all solicitations that will
COMPREHENSIVE PLAN AND LAND be paid for with funding that is state-appropriated.
PREEMPTION SIGNED INTO LAW
SB 1604- Land Use and Development Regulations by This bill revises the definition of a public works project as
Sen. Ingoglia (HB 439 by Rep. McClain) was approved by any activity that is paid for with any state-appropriated funds,
the Governor on Sine Die, May 5, 2023. SB 1604 passed deleting any dollar threshold entirely.This will prohibit the
(75-34) in the House and (27-13) in the Senate. The bill political subdivision that undertakes the public works project
increases the length of the required planning period from a that uses state-appropriated funds from imposing specified
10-year period and a 20-year period (current law is 5 year requirements on contractors.
and 10 year) and revises the comprehensive plan evaluation
and appraisal process.The bill requires land development Further, the bill establishes the reasonable time in which
regulations adopted by a local government to establish the parties to both local government and public entity
minimum lot sizes consistent with the maximum density construction contracts have to develop the punch list—
authorized by the comprehensive plan and to provide allowing up to 30 days for contracts under $10 million,
standards for infill residential development. and up to 45 days for contracts of $10 million or more.
Additionally, the bill allows a local government to retain up
The bill allows local governments to require certain building to 150%of the estimated cost to complete items on the punch
design elements to single-family or two-family dwellings list after it receives a contractor's request that the local
located in a planned unit development(PUD) or master government pay the contract balance, and clarifies that the
planned community (MPC) created before July 1, 2023. local government must pay the withheld cost upon completion
This ability will not be allowed prospectively and is preempted. of those punch list projects—barring a good faith dispute.The
bill heads to the Governor's desk for final approval.
Additionally in Section 3, the bill limits the application of
those elements in communities with a design review board or LANDLORD/TENANT RELATIONSHIP
architectural review board to those who had such a board PREEMPTION PASSES
before January 1, 2020. HB 1417- Residential Tenancies by Rep. Esposito (SB 1586 by
Lastly, the bill precludes an independent special district from Sen.Trumbull) passed this session. HB 1417 passed (81-33)
complying with the terms of any development agreement, or in the House and (29-8) in the Senate.The bill preempts local
other agreement for which a development agreement served governments from any regulation of the landlord/tenant
as consideration, that was adopted in the three-month period relationship.The non-exhaustive list of features that are
preceding the effective date of a low modifying the manner preempted includes:
of selecting the governing body of that independent special
district, and required the district to take certain actions within The screening process used by a landlord in approving
a specified period.Additionally, the bill revises the process for • Security deposits.
tenancies.
approving certain electric substation installations.
• Rental agreement applications and fees associated with
The bill will head to the Governor's desk for final approval. such applications.
• Terms and conditions of rental agreements.
• The rights and responsibilities of the landlord and tenant.
LOCAL WORK PREFERENCES • Disclosures concerning the premises, the dwelling unit, the
PREEMPTION PASSES rental agreement, or the rights and responsibilities of the
SB 346- Public Construction by Sen. DiCeglie (HB 383 landlord and tenant.
by Rep. Griffits,Jr.) passed this session. SB 346 passed • Fees charged by the landlord.
unanimously in the Senate, and (83-29) in the House. ' Notice requirements; a number of counties actively
require varying degrees of notice before rent increases/
Background: In 2021, HB 53 was signed into law that termination of tenancy, beyond the statutory requirements
amended the definition of"public work projects" as an • The notice period for terminating a tenancy to no less than
activity that exceeds $1,000,000 in value and that is paid 30 days' or more than 60 days' notice from the tenant or
for with any state-appropriated funds.The law preempts the landlord.
The bill heads to the Governor's desk for final approval.
12 3382 M
LEGISLATION PROHIBITING BILL REQUIRING COURTHOUSES
COUNTY CONSTITUTIONAL TO PROVIDE LACTATION SPACES
OFFICER POWER PASSES PASSES
HB 1373/SB 1490- County Constitutional Officers by Rep. SB 144- Lactation Spaces by Sen. Berman (HB 87 by Rep.
Fernandez-Barquin and Sen. Garcia passed this session. HB Gantt) passed this session.The bill would require each county
1373 passed in the House (113-3) and passed unanimously courthouse to provide at least one lactation space, outside
in the Senate.The bill prohibits a county from creating or of a restroom, for members of the public to breastfeed.The
expanding the powers or authority of any office, special lactation space must be provided by January 1, 2024,
district, or governmental unit if the purpose of such creation with specific requirements and exceptions. Further, the bill
or expansion is to exercise any power or authority allocated authorizes the person responsible for the operation of the
exclusively to a county constitutional officer by the Florida facility housing each district court of appeal to use state-
Constitution or general law.Under the bill,a county commissioner appropriated funds or private funding to provide a lactation
who votes in favor of a proposed ordinance for such a space. Counties will potentially incur costs from retrofitting
creation or expansion of powers is guilty of misfeasance or county court facilities for a dedicated lactation space.
malfeasance in office. The bill provides that if a county adopts
such an ordinance, the State may withhold all or part of any LEGISLATION PREVENTING
distribution under local government revenue sharing,which is
otherwise allocable to the county, other than any GOVERNMENTS FROM CONTRACTING
distribution exclusively for school purposes or required for AND ACQUIRING PROPERTY FROM
existing bond debt service, during the period such ordinance CHINA PASSES
is in force.Additionally,the bill authorizes a county constitutional
officer or a resident of the county to bring an action in circuit SB 264- Interests of Foreign Countries by Sen. Collins (HB
court against a county that adopts such an ordinance.The bill 1355 by Rep. Borrero) passed with a vote of(95-17) in the
authorizes a court to enter a judgment awarding declaratory House and (31-8) in the Senate.The bill restricts both
and injunctive relief, damages, costs, and reasonable attorney governmental entity contracting with certain foreign countries
fees to a prevailing county constitutional officer or resident of and entities of concern, as well as conveyances of agricultural
the county. The bill prohibits a county from including funding lands and other interests in real property to foreign principals,
within its budget for any office, special district, or governmental the People's Republic of China, and other entities and persons
unit that is exercising any power or authority allocated that are affiliated with them. It also amends certain electronic
exclusively to a county constitutional officer by the Florida health record statutes to ensure that such records are physically
constitution or general law. stored in the continental U.S., U.S.territories, or Canada.
BILL AMENDING RESTRICTIONS heebi l creates with
s statutes that prohibit governmental contracting,
ntal entities
ON DANGEROUS DOGS TO from contracting with entities of foreign countries of concern
NON-BREED SPECIFIC PASSES and entering into contracts for an economic incentive with a
SB 942-Authorization of Restrictions Concerning Dogs by foreign entity.
Sen. Calatayud (HB 941- Rep. Busatta Cabrera) passed this Additionally, the bill prohibits a foreign principal from owning
session with a vote in the Senate of 39-1 and unanimously in or acquiring agricultural land in the state.
the House.The bill allows public housing authorities to adopt
ordinances, rules, or policies to address dogs, however, the
rule or policy may not be breed, weight, or size specific. TEMPORARY COMMERCIAL
Additionally, the bill removes the grandfather provision in KITCHENS PREEMPTION PASSES
Florida statute, allowing for breed specific regulations, if the SB 752- Temporary Commercial Kitchens by Sen. Calatayud
ordinance was adopted prior to October 1, 1990. (HB 415 by Rep. Porras) passed unanimously this session
in both chambers.The bill defines the term "temporary
This change would nullify Miami Dade County's regulations commercial kitchen" to mean "any kitchen that is a public
and restrictions owners of pit bulldogs. The bill will head to food service establishment, used for the preparation of takeout
the Governor's dee sk. or delivery-only meals housed in portable structures that are
movable from place to place by a tow or are self-propelled
or otherwise axle-mounted, that include self contained utilities,
including, but not limited to, gas,water, electricity, or liquid
3383
waste disposal."The bill includes a preemption of counties LEGISLATION REQUIRING
on the licensing, registration, permitting, and fees associated PROTECTION OF MEDICAL
with these temporary commercial kitchens, often referred to as
"ghost kitchens." FREEDOMS PASSES
SB 238- Public Records/Protection from Discrimination Based
TRANSPORTATION E-TICKETS on Health Care Choices and SB 252- Protection from
PREEMPTION PASSES UNANIMOUSLY Discrimination Based on Health Care Choices by Sen. Burton
(HB 1015 and HB 1013 by Rep. Griffitts,Jr.) passed this
HB 425-Transportation by Rep.Andrade (SB 64 by session. SB 238 passed in the Senate (31-4) and in the House
Sen. Hooper) passed unanimously this session. This massive (96-19).The linked bill, SB 252, passed in the Senate (29-6)
transportation legislation contains a preemption that requires and in the House (84-31 ).
that, notwithstanding any law, rule, or ordinance to the
contrary, a local governmental entity must accept electronic SB 238 amends s. 381.00318, F.S., to expand and conform
proof of delivery as an official record for a material delivery its public records exemption (PRE) provisions to match with the
on the local governmental entity's transportation project. changes made to ss. 381.00316 and 381.00319, F.S., in CS/
SB 252. Specifically, the bill provides that a complaint
NATURAL GAS STOVE AND GRILL alleging a business entity's, governmental entity's, or an
PREEMPTION PASSES educational institution's violation ofss. 381.00316, 381.00317,
or 381.00319, F.S., held by the Department of Legal Affairs
HB 1281- Preemption Over Utility Service Restrictions by (DLA) or the Department of Health (DOH) is confidential and
Rep. Buchanan (SB 1256 by Sen. Collins) passes this session. exempt from public records provisions of s. 119.07(1), F.S.,
HB 1281 passed (98-16) in the House and (33-4) in the and s. 24(a),Art. I of the State Constitution. The exemption
Senate.The bill prohibits a municipality, county, special lasts until the investigation into the complaint is completed or
district, or other political subdivision of the state from enacting ceases to be active, unless releasing the information would
or enforcing a resolution, ordinance, rule, code, or policy, jeopardize the integrity of another active investigation, reveal
or take any other action that restricts or prohibits, or has the medical information about an individual, or reveal information
effect of restricting or prohibiting, the use of an appliance, about an individual's religious beliefs.
including a stove or grill,which uses the types or fuel source
of energy production which may be used, delivered, converted, Information made confidential and exempt may be released
or supplied by: to a business or governmental entity or education institution
• Investor-owned electric utilities; in furtherance of the entity's or institution's lawful duties and
• Municipal electric utilities; responsibilities and may also be released in aggregated
• Rural electric cooperatives; format. The bill provides legislative findings and extends
• Entities formed by interlocal agreement to generate, sell, the Open Government Sunset Review Act repeal date to
and transmit electrical energy; October 2, 2028.
• Investor-owned gas utilities;
• Gas districts; SB 252 prohibits these entities and institutions from requiring
• Municipal natural gas utilities; proof of a vaccination with one of the specified types of
• Natural gas transmission companies; and vaccinations, post-infection recovery from COVID-19, or a
• Certain propane dealers, dispensers, and gas cylinder COVID-19 test to gain access to, entry upon, or service from
exchange operators. the entity or institution.The bill also prohibits business and
governmental entities from certain employment practices
The bill provides an exception for circumstances in which the political subdivision must enforce the Florida Building Code based on an employee's, or a potential employee's,vaccination
or post-infection status or the refusal to take a COVID-19 test.
Governor's desk.the Florida Fire Prevention Code.The bill heads to the The bill's provisions relating to mRNA vaccines are repealed
G on June 1, 2025.
The bill prohibits business entities, governmental entities, and
educational institutions from requiring a person to wear a
mask, a face shield, or any other facial covering that covers
the nose and mouth or denying a person access to, entry
upon, service from, or admission to such entity or institution
or otherwise discriminating against any person based on his
or her refusal to wear a mask, face shield, or other facial
14 3384
covering. If provisions are violated, discipline may include People's Republic of Korea, the Republic of Cuba, the
fines of up to $5,000 for each violation. Venezuelan regime of Nicolas Madura, or the Syrian Arab
Republic. Governmental entities may request a waiver from
PROTECTIONS OF MEDICAL the Department of Management Services (DMS) to allow
designated employees to access prohibited applications if
CONSCIENCE PREEMPTION PASSES the access is deemed necessary to conduct governmental
SB 1580- Protections of Medical Conscience by Sen.Trumbull or educational business. Employees of governmental entities
(HB 1403 by Rep. Rudman) passed this session. SB 1580 who have already downloaded a prohibited application must
passed in the Senate with a vote of (28-11 ) and in the remove, delete, or uninstall the application by August 1, 2023.
House with a vote of (84-34). The bill establishes rights of The bill authorizes DMS to adopt rules as necessary to administer
conscience for health care providers and payors. The bill this section.
provides legislative intent and provides that a health care
provider or payor has the right to opt out of participation DRONE PORT PREEMPTION PASSES
in or payment for a health care service on the basis of a
conscience-based objection (CBO). The bill establishes SB 1068- Drone Delivery Services by Sen. Collins (HB 1071
notification requirements for opting-out and prohibits a by Rep. Duggan) passed this session unanimously in both
from opting-out of a in for a service it is contractual) chambers.The bill prohibits a political subdivision from
payor paying g y withholding the issuance of a business tax receipt or enacting
obligated to cover during a plan year. Also specifies that
CBOs are limited to specific health care services, that the bill or enforcing an ordinance or resolution prohibiting a drone
may not be construed to waive or modify any duty a provider delivery service's operation based on the location of the
or payor may have for other health care services that do not delivery service's drone port, but does allow them to enforce
violate a provider's or payor's conscience, and that nothing generally applicable minimum setback and landscaping
in the bill allows a health care provider or payor to opt-out regulations.The drone ports are also exempt from the Florida
of providing health care services to any patient or potential Building Code and Florida Fire Prevention Code.
patient because of that patient's or potential patient's race,
color, religion, sex, or national origin. The bill heads to the DATA TRANSPARENCY
Governor's desk. LEGISLATION PASSES
SB 262- Technology Transparency by Sen. Bradley(HB 1547
LEGISLATION PROHIBITING by Rep.McFarland) passed this session. SB 262 passed
CERTAIN APPLICATIONS OF unanimously in the Senate unanimously and in the House
(110-2).The bill prohibits employees of a governmental
FOREIGN APPLICATIONS ON entity from using their position or any state resources to
GOVERNMENT-ISSUE DEVICES communicate with a social media platform to request that it
PASSES remove content or accounts.Additionally, a governmental
entity cannot initiate or maintain any agreements with a social
SB 258- Prohibited Applications on Government-issued media platform for the purpose of content moderation.
Devices by Sen. Burgess (HB 563- Prohibited Applications
on Government-Issued Devices by Rep.Amnesty) passed The bill creates a unified scheme to allow Florida's consumers
unanimously in the House and Senate this session. The bill to control the digital flow of their personal information.
requires governmental entities to block all prohibited applications Specifically, it gives consumers the right to:
on government-issued devices (cell phones, laptops, or other
electronic devices), restrict access to prohibited applications • Confirm and access their personal data;
on a government-issued devices, and remotely wipe and • Delete, correct, or obtain a copy of that personal data;
uninstall any prohibited application from a comprised • Opt out of the processing of personal data for the purposes
government-issued device. Prohibited applications include of targeted advertising, the sale of personal data, or
any Internet application (eq.TikTok) that enables users to profiling in furtherance of a decision that produces a legal
socially interact with one another and that is created, or similarly significant effect concerning a consumer;
maintained, or owned by a foreign principal; or any Internet . Opt out of the collection of sensitive data; and
application deemed to present a security risk by the department. . Opt out of the collection of personal data collected
Foreign principals under the bill are defined as foreign country through the operation of a voice recognition feature.
of concern from 288.860(1) or the political parties or members
of a political party from those foreign country of concern. The Act generally applies to businesses that collect Florida
These include: the People's Republic of China, the Russian consumers' personal information, make in excess of$1 billion
Federation, the Islamic Republic of Iran, the Democratic in gross revenues, and meet one of the following thresholds:
3385
• Derives 50 percent or more if its global annual revenues Assessment:
from providing targeted advertising or the sale of ads Unless the building undergoes significant renovation
online; or or poses a safety threat, the LAHJ may only require an
• Operated a consumer smart speaker and voice command assessment no more often than:
component service with an integrated virtual assistant • Every three years for high-rise buildings or buildings
connected to a cloud computing service that uses exceeding 12,000 square feet; or
hands-free verbal activation. • Every five years for all other buildings.
• Operates an app store or digital distribution platform that Post-assessment:
offers at least 250,000 different software applications for If an enhancement system is required after assessment
consumers to download and install. of a new building, a contractor must submit a design to
the LAHJ for an enhancement system and the LAHJ must
Linked Bills require installation of the system within 180 days after the
SB 1648- Public Records/Investigations by the Department issuance of temporary certificate of occupancy.
of Legal Affairs by Sen. Bradley(HB 1549 by Rep. McFarland) If an LAHJ requires an existing building to retrofit its
passed this session.The bill creates a public records exemption enhancement system, it must give the building owner
for information received by the Department of Legal at least one year to do so.
Affairs (DLA) pursuant to a notification of a violation under Establishes that certain structures are not required to
s. 501.173, F.S., or received pursuant to an investigation made meet radio signal strength requirements at any time.
by the DLA or a law enforcement agency.The bill permits
the DLA to disclose this confidential and exempt information IMMIGRATION LEGISLATION PASSES
during an active investigation under specific circumstances. SB 1718- Immigration by Sen. Ingoglia (HB 1617 by
Rep. Michael) passed this session. SB 1718 passed in the
PUBLIC SAFETY EMERGENCY Senate (27-10) and in the House (83 - 36).Among many
other provisions, the bill prohibits a county or municipality
COMMUNICATIONS BILL PASSES from providing funds to any person, entity, or organization
HB 1575- Public Safety Emergency Communications Systems for the purpose of issuing an identification card or other
by Rep. Brackett(SB 1614 by Sen. Rodriguez) passed document to an individual who does not provide proof of
unanimously this session in both the House and Senate. lawful presence in the United States. The bill heads to the
The bill creates a limitation on when a Local Authority Having Governor's desk for final approval.
Jurisdiction (LAHJ) can require installation of an enhancement
system, as follows:
HEALTH, SAFETY/ PASSED
NATURAL EMERGENCIES The bill also prohibits a county within 100 miles of the landfall
LEGISLATION PASSES area of either Hurricane Ian or Nicole from adopting
comprehensive plan amendments or land use regulations
SB 250 — Natural Emergencies by Sen. Martin (HB 7057 more burdensome or restrictive than allowed in s.163.3164, F.S.
by House Commerce) passed this session after a series of
amendments throughout the process. The bill also extends the period within which an independent
fire control district may file its final report of the performance
The bill provides that counties and municipalities may not review no later than 15 months from the beginning of the
prohibit the placement of a temporary shelter (including but district's fiscal year if the special district is within an area for
not limited to a recreational vehicle, a trailer, or similar which a declared state of emergency for a natural disaster
structure on a residential property for up to 36 months or until was declared or 24 months for a category 3 hurricane or
a certificate of occupancy is issued on the permanent structure higher
on the property,whichever occurs first, following a declared The bill also:
natural emergency as defined in s. 252.34(8).The latest Requires the Division of Emergency Management to post
language would have this bill apply only in a declared on its website no later than 6/1/2023 a model debris
natural emergency. removal contract AND
16 3386
• Prioritize technical assistance and training to fiscally PUBLIC SAFETY TELECOMMUNICATOR
constrained counties on the aspects of safety measures, RENEWAL BILL PROCESS
preparedness, prevention, response, recovery, and
mitigation relating to declared natural disasters and HB 341- 911 Public Safety Telecommunicator Certifications by
emergencies Rep.Amnesty (SB 980 by Sen. Brodeur) passed this session.
• Revises the tolling of permits following a declared natural
disaster from 6 months to 24 months and to up to 48 The bill allows the certification of a 911 Public Safety
months if multiple declared natural emergencies occur Telecommunicator to automatically revert to inactive status
• Encourages Counties, Municipalities, and School Districts for up to six years if not renewed at the end of the two-year
to develop an emergency financial plan for major natural certification period. As a result, a certificate holder will no
disasters longer have to request their certification be placed on
• Encourages intergovernmental cooperation and creation inactive status or pay the applicable $50 fee required by
of inspection teams current law. Additionally, the bill provides retroactive
• Revises the Bridge loan program and appropriates an applicability to certificates that have expired or are set to
additional $50 M expire in the six-year period preceding the effective date of
• Allows registered contractors to work outside of an area the bill.This allows a prior certificate holder whose certificate
where they are registration within their field for up to 24 expired between July 1, 2017, and the effective date of the bill
months if they are working within a declared disaster area to reactivate their certificate.
• Directs local governments to offer an expedited permitting
process for projects that require minimal technical review, COUNTY DETENTION FACILITY
following a declared natural disaster event. VISITATION LEGISLATION PASSES
LEGISLATURE PASSES E911 HB 119- Visiting County and Municipal Detention Facilities by
Rep. Benjamin (SB 1510 by Sen. Pizzo) passed unanimously
REVISIONS this session.The bill authorizes specific personnel to visit county
SB 1418 — Emergency Communications by Sen. Bradley and municipal detention facilities, including:
(HB 745 by Rep. McFarland) passed this session. • Members of the governing body of the county or municipality,
• Members of the Legislature,
The bill revises the distribution formula for the Emergency • State court judges,
Communications System Fund.To fund E911 systems around • The state attorney,
the state,voice communications service providers charge • The public defender, and
a fee to their subscribers.These fees are deposited into the • The regional counsel.
Emergency Communications System Fund, before being
distributed to counties, among other entities. Under current LEGISLATURE ESTABLISHES SCHOOL
law, counties receive 76% of the distributions for the wireless EMERGENCY RESPONSE MAPPING
category of voice communication services.The bill would
increase this allocation to 95%for counties. PROGRAM, PROVIDES FUNDING
HB 301 — Emergency Response Mapping Data by
Additionally, the bill modifies the powers, duties, and Rep.Alvarez(SB 212 by Sen. Collins) passed this session.
composition of the E911 Board, which is renamed as the To assist local first responders in responding to emergencies in
Emergency Communications Board, and expands the list of public schools, the bill requires the Department of Education
items that may be funded with E911 fee disbursements. Under (DOE) to create a School Mapping Data Grant Program, in
current law, the board consists of a system director and ten which public schools, including charter schools, can apply to
members appointed by the Governor, five of whom are receive funds for mapping each school in the district.The bill
county representatives.The bill would reduce these numbers to does not require school districts to use emergency response
eight appointees, four of whom represent county interests. mapping data. However, should a school district elect to do
so, the district could procure a vendor to provide such data
Late amendment language to the bill would also require and apply for funding through the School Mapping Data
Changes, modifications, or upgrades to the emergency Grant Program.The bill requires the mapping data to be
communication systems or services be made in cooperation provided in an electronic or a digital format to assist first
and coordination with the head of each public safety agency, responders in responding to emergencies at schools and
or their designee,served by the primary public safety answering specifies minimum requirements for the data.A vendor selected
point in each county. by a school district under the grant program is responsible for
providing the data to the district and local law enforcement
3387
and public safety agencies for use in responding to emergencies private property for the purpose of intimidating or
and for conducting required active assailant drills.The bill threatening the owner, resident,or invitee of such property,
appropriates $14 million to the DOE for the School Mapping punishable as a first degree misdemeanor. If such litter
Data Grant Program established by this bill. contains a credible threat, a person commits a third
degree felony.
LEGISLATURE PASSES NEW Prohibits a person from willfully and maliciously harassing,
threatening, or intimidating another person based on the
PROTECTIONS FOR VULNERABLE person's wearing or displaying of any indicia relating
SENIORS to any religious or ethnic heritage, punishable as a first
SB 232 — Exploitation of Vulnerable Persons by Sen. Garcia degree misdemeanor. If a person commits such a violation
(HB 603 by Rep. LaMarca) passed this session. and in doing so makes a credible threat, the person
commits a third degree felony.
The bill creates s. 817.5695, F.S.,which punishes exploitation Prohibits displaying or projecting an image onto a building,
of a person 65 years of age or older by: structure, or other property without the written consent of
• Obtaining or using, through deception or intimidation, the the owner of the building, structure, or property, punishable
property of a person 65 years of age or older with the as a first degree misdemeanor. If a person displays or
intent to temporarily or permanently: projects such an image containing a credible threat, the
• Deprive that person of the use, benefit, or possession person commits a third degree felony.
of the property; or Creates a new trespass offense if a person who is not
• Benefit someone other than the property owner; authorized, licensed, or invited willfully enters the campus
• Obtaining or using, through deception or intimidation, the of a state university or Florida College System institution
property of a person 65 years of age or older through the for the purpose of threatening or intimidating another
intentional modification, alteration, or fraudulent creation person, and is warned by the state university or Florida
of a plan of distribution or disbursement expressed in a College System institution to depart and refuses to do so.
will, trust instrument, or other testamentary device of the A violation is punishable as a first degree misdemeanor.
person 65 years of age or older; or
• Depriving,with the intent to defraud and by means of CONTROLLED SUBSTANCE REFORM
bribery or kickbacks, a person 65 years of age or older PASSES
of his or her intangible right to honest services provided HB 365 — Controlled Substances by Rep. Plakon (SB 280
by an individual who has a legal or fiduciary relationship
by Sen. Brodeur) passed this session.
with such person.
If the funds, assets, or property involved in the exploitation are CS/CS/HB 365 amends s. 782.04(1)(a)3., F.S., to revise
valued at: the causation requirement for death caused by the unlawful
• $50,000 or more, the offender commits a level 7 first distribution of a controlled substance to require that such
degree felony. distribution is proven to have caused, or is proven to have
• $10,000 or more but less than $50,000, the offender been a substantial factor in producing the death of the user."
commits a level 6 second degree felony. "Substantial factor" is defined to mean the "use of the
• Less than $10,000, the offender commits a level 4 third substance or mixture alone is sufficient to cause death,
degree felony. regardless of whether any other substance or mixture used is
also sufficient to cause death."
It does not constitute a defense to a prosecution for any
violation of this section that the accused did not know the The bill creates s. 893.131, F.S., to prohibit a person 18 years
age of the victim. of age or older from distributing heroin, alfentanil, carfentanil,
fentanyl, sufentanil, fentanyl derivatives, or an analog or
mixture containing such substances, when such substances
BILL ADDRESSING MALICIOUS cause or are a substantial factor in causing an injury or
HARASSMENT SIGNED BY GOVERNOR overdose to the user.A person commits a violation regardless
HB 269 — Public Nuisances by Rep. Caruso (SB 994 by of whether the distribution is made directly or indirectly
Sen. Calatayud) passed the legislature this session before through another person to the person who was injured or who
being promptly signed into low by the Governor as Ch. overdosed. A violation is punishable as a second degree
2023-24, L.O.F. felony.A second or subsequent conviction is punishable as a
The bill makes several changes relating to public nuisances: first degree felony.
• Prohibits a person from intentionally dumping litter onto
18 3388 M
The administration of medical care by an emergency responder, a juvenile will be treated the same way as a person who
including, but not limited to, a law enforcement officer, a received a juvenile diversion expunction, automatic juvenile
paramedic, or an emergency medical technician, or the expunction, or early juvenile expunction when seeking a
administration of an emergency opioid antagonist by such subsequent court-ordered expunction.The court still retains
emergency responder is prima facie evidence that the person discretion on whether to expunge a criminal history record
receiving medical care was injured or overdosed. and the state attorney is still provided with notice of a petition
to expunge and the opportunity to object to such a petition,
The bill amends s. 921.0022(3)(f), F.S., to rank the offense which is unchanged from current law.
of distributing a controlled substance that results in injury or
overdose, a second degree felony, as a Level 6 offense on The bill also makes a person ineligible for a court-ordered
the offense severity ranking chart.The enhanced penalty for expunction if the case giving rise to the criminal history record
a second conviction for distributing a controlled substance was dismissed by a court because the defendant was found
that results in injury or overdose which is a first degree felony incompetent to proceed under s. 916.145, F.S.,or s. 985.19, F.S.
is unranked, and as such, the first degree felony defaults to a
Level 7 offense. CONCEALED CARRY EXPANSION
SUICIDE PREVENTION PROGRAM SIGNED BY GOVERNOR
HB 543- Public Safety by Rep. Brannan (SB 150 by Sen.
LEGISLATION PASSES Collins) passed the legislature this session, before getting the
SB 914— Suicide Prevention by Sen. Garcia (HB 655 by Governor's seal of approval as Ch. 2023-18, L.O.F.
Rep.Trabulsy) passed this session.
Under current law, a person is prohibited from carrying a
The bill modifies statutory provisions governing confidentiality concealed weapon or concealed firearm (CWCF) on or
for peer support communications between a first responder about his or her person unless he or she has a valid license
and a first responder peer. The bill allows certain first to carry a concealed weapon (CWL). Carrying a concealed
responder organizations to designate first responder peers weapon without a CWL is a first degree misdemeanor.
and clarifies that first responder peers include active, Carrying a concealed firearm without a CWL is a third
volunteer, and retired first responders.The bill also permits degree felony.
diagnosis of post-traumatic stress disorder in first responders
via telehealth for the purposes of obtaining worker's The bill allows for concealed carry of a weapon or firearm
compensation benefits. without a concealed weapons license, so long as they have
a valid identification, obey prohibitions against carrying
The bill renames the Commission on Mental Health and weapons in specified locations, and meet other specified
Substance Abuse (the Commission), adjunct to the Department criteria for concealed carry.
of Children and Families (the DCF), as the Commission on
Mental Health and Substance Use Disorder, and directs the The bill contains the following additional school safety provisions:
Commission to conduct a study examining services and
programs relating to suicide prevention. Amends s. 1001.212, F.S., to:
• Require the Department of Education (DOE) to
The bill adds a representative of the statewide Florida 211 implement new behavioral threat management
network appointed by the Governor to the Commission operational processes, a threat assessment instrument,
membership.The bill also requires the Commission to evaluate and a threat management portal; and
and make recommendations regarding skills-based training • Update the membership and responsibilities of school
that teaches participants about mental health and substance district and charter school threat assessment teams,
use disorder issues, including, but not limited to, Mental Health and rename such teams threat management teams to
First Aid models. align with new threat management processes.
• Amends s. 1002.42, F.S., to authorize private schools
CRIMINAL RECORD EXPUNCTION to implement safe-school officers.
• Requires the DOE to adopt emergency rules establishing
REFORM PASSES which School Environmental Safety Incident Reporting
HB 605 — Expunction of Criminal History Records by incidents require referral to law enforcement.
Rep. Smith (SB 504 by Sen. Rodriguez) passed this session.
Under the bill, a person who receives a court-ordered
expunction for an offense committed when the person was
3389
LEGISLATURE PASSES NEW OPIOID COUNTIES REQUIRED TO USE
OVERDOSE RESPONSE GUIDELINES ELECTED SHERIFF UNDER NEW LAW
HB 783 — Emergency Opioid Antagonists by Rep. Caruso HB 1595 — Law Enforcement Operations by Rep. Yarkosky
(SB 704 by Sen. Boyd) passed after a number of amendments. (SB 1588 by Sen. Burgess) passed this session.
The bill revises the definitions of the terms "authorized health The Florida Constitution provides that each county shall have
care practitioner," and "caregiver," in the context of emergency a sheriff elected by the electors of the county to a four-year
opioid antagonist administration.The changes broaden the term.A county charter may not abolish the office of sheriff or
definitions of these terms to eliminate unintended restrictions provide an alternative method for selecting the sheriff,with the
on how and by whom emergency opioid antagonists may be exceptions of Miami-Dade and Broward counties.This
dispensed and administered.The bill creates the Statewide bill extends this requirement to all counties, effective
Council on Opioid Abatement within the Department of Children January 7, 2025.
and Families for the purpose of enhancing the development
and coordination of state and local efforts to abate the opioid The bill codifies the jurisdictional powers of the sheriff, to
epidemic and to support the victims of the opioid crisis. clarify that the sheriff has exclusive policing jurisdiction in the
unincorporated areas of each county and concurrent jurisdiction
BAKER ACT HANDBOOK with municipal or special district law enforcement agencies in
the jurisdictions of those agencies.The bill also provides for the
REVISIONS PASSES transfer of policing responsibility and authority to the sheriff in
HB 829 — Operation and Administration of the Baker Act by counties that do not currently have an elected sheriff.
Rep. Silvers (SB 938 by Sen. Davis) passed this session in its
original form.The bill requires DCF to annually update the
Baker Act handbook and to maintain a FAQ repository. LEGISLATURE TRANSFERS CHILD
PUBLIC HEALTH LEGISLATION PASSES, PROTECTIVE RESPONSIBILITIES BACK
PROHIBITS HIGH RISK RESEARCH TO DCF
HB 1387— Department of Health by Rep. Porras passed HB 7061 - Sheriffs Providing Child Protective Investigative
this session. The bill prohibits research concerning "potential Services by Rep. Koster passed, after being substituted for
pandemic pathogens" from being conducted in the state. the Senate companion, SB 7056, a committee bill by HHS
The bill also requires researchers applying for state or local appropriations.
funding must disclose in the application for funding whether
the research involves enhanced PPPs. Currently, the Department of Children and Families (DCF)
performs child protective investigative services in 60 counties
and local sheriffs' offices do so in the other seven, comprising
GOVERNOR SIGNS OFF ON nearly 25%of the child protective investigations in the state
PRIORITY PHARMACEUTICAL at a cost of$59 million. Four sheriff's offices are required by
REFORM MEASURE statute to perform child protective investigations,while three
others have voluntary agreements with DCF to do so. HB
SB 1550 — Prescription Drugs by Sen. Brodeur (HB 1509 by 7061 requires the transfer of child protective investigation
Rep. Chaney) passed this session, and has been signed by the services by sheriffs back to DCF, making DCF the sole
Governor as Ch. 2023-29, L.O.F. entity performing child protective investigations in Florida.
The sections of interest to counties would: The bill specifies the timeframe and framework for the transfer,
• Prohibit a Pharmacy Benefits Manager(PBM) from including employees' ability to transition to DCF and the
incentivizing the use of any affiliated pharmacy as part handling of records, use of facilities, final grant accounting,
of a Pharmacy Benefits Plan. Prohibited incentives include and disposition of assets.The bill also makes conforming
referrals to affiliates, limited networks for prescription drug changes to statutes to remove references to sheriff's offices
coverage, or disproportionate marketing/promotion of conducting child protective investigations.
affiliates.
• Prohibit similar incentives for mail-order prescriptions,
including offering discounts for mail-order prescriptions
over retail pharmacies.
The bill is expected to have a cost impact on county health
plans using a PBM.
20 3390 M
�uuu NNNN lUlll
�u��� uuuN NII�1111� uuu� uuuNi uuuN uuu uuuN
r
Illllly !li'� Illllly � IIIIIIIII Illllly ��
BILL REPEALING THE PREEMPTION CHILD WATER SAFETY
OF REGULATION OF TOBACCO AND REQUIREMENTS LEGISLATION FAILS
NICOTINE PRODUCTS FAILS SB 74 - Child Water Safety Requirements by Sen. Rodriguez
HB 519/SB 530- Preemption of the Regulation of Tobacco failed in the senate.This legislation provides that certain
and Nicotine Products by Rep. Edmonds and Sen. Polsky organizations that care for or supervise children must require
failed this session.The bill repeals preemptions relating to parents or legal guardians to attest certain information in
tobacco and nicotine products, specifically, s.569.0025, writing before taking children under their care or supervision
F.S. (the establishment of the minimum age for purchasing to public bathing places or public swimming pools. Provides
or possessing, and the regulation for the marketing, sale, or requirements for such organizations when they conduct
delivery of, tobacco products preempted to the state) and certain activities in public bathing places or public
s.569.315, F.S. (the establishment of the minimum age for swimming pools. Provides for disciplinary action against
purchasing or possessing, and the regulation for the marketing, such organizations for certain violations.Authorizing the
sale, or delivery of, nicotine products preempted to the state. Department of Health to adopt rules.
Neither bill was considered in committee.
CRIMINAL REHABILITATION/
CASH BOND REFORM STALLS IN SENTENCING REFORM MEASURE
BOTH CHAMBERS FAILS
HB 65/SB 582 — Withholding Funds for the Return of Cash HB 115/SB 206 - Criminal Rehabilitation by Rep. Hart
Bonds by Rep.Andrade/Sen. Grall failed this session, after and Sen. Rouson failed through the House and Senate.This
moving through a single committee of reference in each legislation specifies that one of primary purposes of sentencing
chamber.The bill limits the withholding of costs, fines and fees is to rehabilitate offender to transition back to community
from a cash bond posted on behalf of a criminal defendant to successfully.The bill reduces the minimum sentence that must
only apply when the bond was posted by the defendant or his be served by defendant from 85 to 65 percent of their term.
or her spouse. Under current law, upon final disposition of a The bill also revises provisions concerning gain-time, good
criminal case the clerk withholds costs, fines and fees from the behavior time, &rehabilitation credits and revises limits on
return of any cash bond posted in the criminal case. award of gain-time.
HUMAN TRAFFICKING AND FIRST RESPONDER COUNSELING
PROSTITUTION LEGISLATION FAILS PROGRAM FAILS
HB 59/SB 166 - Human Trafficking and Prostitution by HB 169/5B 314 — Licensed Counseling for First Responders by
Rep.Skidmore and Sen. Berman both failed to gain traction in Rep. Lopez (V) and Sen. Rodriguez has failed to be pushed
any of their committees of reference.This legislation clarifies through the House and Senate.This legislation focuses on
that the instances of"coercion" in current statute are non- employers of first responders having to pay for mental health
exhaustive. In order to prohibit the facilitating or enabling counseling following certain qualifying events. Eligible first
receiving of persons into any place, structure, building, or responders include law enforcement officers, firefighters,
conveyance for purpose of prostitution,lewdness,or assignation paramedics, and EMT's.
or facilitating or enabling any person to remain in such place;
prohibits knowingly engaging in specified activities for Specifically, the first responder is eligible for mental health
purpose of prostitution. Provides increased criminal penalties counseling in the event that they witness, in the scope of their
for specified prohibited acts. Prohibits facilitating or enabling duties:
the receiving of persons into any place, structure, building, • A deceased minor
or conveyance for the purpose of prostitution, lewdness, • A decedent whose death or injuries shock the conscience
or assignation. Prohibits knowingly engaging in specified • Or an event of grievous bodily harm that shocks the
activities for the purpose of prostitution and thereby benefiting conscience
financially or receiving anything of value. Provides increased A first responder is eligible for 12 hours of initial treatment
criminal penalties for specified prohibited acts relating to following the qualifying event, and an additional 24 hours of
lewdness, assignation, or prostitution. treatment if a licensed mental health professional determines
3391
that additional treatment is likely necessary to improve the first VACCINATION STATUS MEASURE
responder's condition. Counseling initiated under this statute FAILS
must be completed within one calendar year of the qualifying
event.A committee substitute for the Senate bill expands the SB 222/HB 305 — Medical Freedom by Sen. Gruters and
list of eligible first responders to include correctional officers, Rep. Barnaby was not heard in either chamber this session.
as well as caps the hourly rate for counseling at$500. The bill prohibits business&governmental entities from requiring
Additionally, CS/SB 314 requires the employing entities individuals to provide proof of vaccination to gain access to,
to submit a report to the CFO detailing participation in the entry upon, or service from such entities. The bill also prohibits
program, as well as the program's relationship to worker's employers from refusing employment to, or discharging,
compensation claims. disciplining, demoting, or otherwise discriminating against,
individual on basis of vaccination or immunity status.
LEGISLATION REVISING SENTENCING PUBLIC SAFETY TELECOMMUNICATOR
STRUCTURE FAILS REBRANDING FAILS
HB 211/SB 440-Sentencing of Prison Releasee Reoffenders by
Rep. Daniels, Rep. Hart, and Sen. Rouson revises the required HB 291/SB 436 - 911 Public Safety Telecommunicators by
sentencing structure for prison releasee reoffenders.The bill Rep. Holcomb, Rep. Hawkins, and Sen. Rodriguez was not
provides legislative intent and applies the revised sentencing heard this session.The legislation would revise the definition
structure to certain persons under certain circumstances. It also of the term "first responder"to include 911 public safety
provides resentencing requirements and deletes a provision telecommunicators, as well as revise the training criteria
that requires a state attorney to explain a sentencing deviation required for 911 public safety telecommunicator certification.
in writing in certain circumstances.
LEGISLATION TO EXPAND RICO
BILL PREVENTING THE POSSESSION CHARGES FOR HUMAN TRAFFICKING
OF A FIREARM IN SENSITIVE FAILS
LOCATIONS FAILS SB 326/ HB 651 - Human Trafficking by Sen Osgood and
HB 215/SB 456 - Possession or Use of a Firearm in a Rep. Robinson (F) failed this session.This legislation revises
Sensitive Location by Rep. Rayner-Goolsby and Sen. Berman criminal penalties to include fines of certain amounts; requires
failed in both House and Senate.This legislation would have prosecution of specified offenses under Florida RICO; requires
prohibited possession or use of firearm in sensitive location, DOE &DOH, in conjunction with Statewide Council on Human
including healthcare facilities, certain government buildings- Trafficking, to establish an awareness training program;
polling locations, courthouses, or law enforcement agencies, requires each state attorney to ensure prosecutors receive
parks or recreational facilities operated or controlled by a certain mandatory training; requires each state attorney to
county, place of worship, public libraries/parks, etc. adopt pro-prosecution policy for human trafficking offenses.
CHILDREN'S BILL OF RIGHTS FAILS ANTI-EXPLOITATION MEASURE FAILS
HB 217/SB 584- Rights of Children by Rep. Rayner- SB 472 - Protection of Exploited Persons by Sen. Garcia failed
Goolsby and Sen. Book failed through both the House and this session.This legislation would provide criminal penalties
Senate.This bill would create the "Children's Bill of Rights"; for the failure to verify and maintain specified documentation
providing for the rights of children, and protections of such of an adult theater employee or contractor.This would also
rights. It also: revises name of the children's commission; require a mandatory minimum term of incarceration for a
revises provisions relating membership and duties of person convicted of solicitation of prostitution, lewdness, or
commission; provides for staff appointments, information assignation.This bill will require a commercial entity that
gathering, &rulemaking authority. publishes or distributes material harmful to minors on the
Internet from a website that contains a substantial portion of
such material to perform reasonable age verification, etc.
22 3392 M
BILL EXPANDING THE DEFINITION within 180 days after the agency receives notice of the
OF DANGEROUS CRIME FAILS alleged misconduct when none of the specified tolling
exceptions 2 apply. If the agency does not comply with the
SB 482/ HB 569 - Pretrial Detention by Sen. Powell and notice provision, and an officer is disciplined, suspended,
Rep. Gossett-Seidman was not heard in either the House or demoted, or dismissed, the bill provides that the officer may
the Senate. This bill would include extortion and written threats appeal the issuance of the disciplinary action administratively
to kill, etc. under the umbrella of"dangerous crimes." or in a court of competent jurisdiction.
LEGISLATION REPEALING Additionally, the bill amends s. 112.534, F.S., to convey upon
the officer a right to appeal administratively or in a court
REGULATION OF TOBACCO & of competent jurisdiction if a violation of s. 112.534, F.S., is
NICOTINE PRODUCTS FAILS IN BOTH discovered after an interview or interrogation, or if the agency
fails to abide by the Law Enforcement Officer's Bill of Rights,
HOUSE AND SENATE. and related provisions.
HB 573 - Costs of Supervision or Care of Children by Rep.
Barnaby fail.This legislation would of removed provisions for MEDICAL MARIJUANA PROTECTIONS
fee for costs of care or supervision of certain children &for
assessment&collection of such fees. Also, it would have BILL FAILS
provided such fees may not be ordered, balances owed for SB 972/HB 1065- Protections for Public Employees who Use
such fees may not be collected, unpaid civil judgments for Medical Marijuana as Qualified Patients by Sen. Polsky and
such fees are void & unenforceable, warrants issued solely Rep. Nixon failed to garner any consideration by its committees
based on alleged failure to pay such fees are void &any of reference.This bill prohibits a public employer from taking
person whose driver license was suspended for failure to pay adverse personnel action against an employee or a job
such fees shall be eligible for reinstatement. applicant who is a qualified patient for his or her use of
medical marijuana.The bill also provides exceptions and a
DETENTION REFORM FAILS TO cause of action.
BE HEARD MANAGING ENTITIES REVIEW DIES
SB 840- Prosecuting Children as Adults by Sen. Powell was
not heard in any of its committees of reference. This legislation IN COMMITTEE
would prohibit a jail or other facility intended for the detention SB 1016/HB 1095 — Mental Health and Substance Abuse
of adults from holding a minor before a determination that by Sen. Rouson and Rep. Smith has failed to pass through
the child should be prosecuted as an adult.The bill would both House and Senate.The bill requires the state's Managing
also delete provisions requiring a state attorney to request Entities (ME's)to collaborate with county emergency operation
a court to transfer and certify a child for prosecution as an centers to identify organizations that ensure access to, and
adult or to provide written reasons to the court for not making coordinate delivery of, behavioral health services to responders
such request, or to proceed under specified provision as well and survivors and survivor's family members of a public
as requiring that the child or the child's parent or guardian emergency as critical public health infrastructure. The bill
receive a due process evidentiary hearing; requiring the judge requires MEs to develop and submit needs enhancement
to conduct the hearing within a certain timeframe, etc. plans to the DCF by June 1 of each year, rather than
September 1, and specifies that the MEs must collect acute
"OFFICER'S BILL OF RIGHTS" care services utilization data only on contracted public
receiving facilities situated within the respective geographic
AMENDMENT FAILS region of each ME.
H B 927— Rights of Law Enforcement Officers and Correctional
Officers by Rep.Alvarez was never heard in its committees SAFE EXCHANGE LOCATION
of reference. Meanwhile, its Senate companion, SB 1086 by
Sen. Gruters, passed its first committee, before being TP'd in LEGISLATION FAILS
Senate Governmental Oversight and never heard again. HB 1031 — Designated Safe Exchange Locations by Rep.
Rudman passed the House, before ultimately stalling in the
The bill amends s. 112.532, F.S., to provide that if an agency Senate.The Senate companion, SB 1286 by Sen. Book,
undertakes disciplinary action, suspension, demotion, or passed its first committee of reference but was not heard
dismissal against a law enforcement officer or a correctional again.
officer, the officer must receive notice of the investigation
3393
The bill pertains to"parenting plans"between two separated HEALTH EMERGENCY MEASURES FAIL
parents sharing custody of a minor child. Specifically, it HB 1487— Declarations of a Public Health Emergency by
amends s. 61.13, F.S.,to require a court to consider whether it is Rep. Rudman passed its first committee before ultimately
in the best interests of the minor child and the parties to require failing.The bill revises the Governor's authority to renew a
the use of a safe exchange location for periodic timesharing declaration of a public health emergency.The Governor
exchanges.The bill also identifies minimum requirements that may renew a statewide declaration of a public health
each designated safe exchange location must meet, including emergency for 30 days without the approval of the
a purple light in the parking lot and a camera surveillance Legislature.Any subsequent renewal is valid for 60 days
system. and requires approval by two-thirds vote of each chamber
of the Legislature. The Governor may renew public health
JUVENILE JUSTICE EXPUNCTION declarations that are not statewide without the approval of
EXPANSION FAILS the Legislature. Any such renewal is valid for 60 days.
HB 1273-JuvenileJustice by Rep. Davis failed this session. The bill also authorizes an individual to refuse examination,
This bill permits a juvenile with one prior sealing or expunction testing or treatment for reasons of health, religion or
to obtain court-ordered expunction.The bill also provides a conscience by submitting a refusal in writing to the State
court may retain post disposition jurisdiction until child reaches Health Officer. Such individuals may be subjected to
age 21 for certain youth on post-commitment probation and isolation or quarantine. SB 1618 by Sen.Yarborough shared
revises provisions relating to disposition hearings. It also this language and also failed to pass.
provides for tolling of probation period when notice of
affidavit of violation is filed until allegation is resolved and
revises the maximum amount of time juvenile may be
committed to juvenile corrections facility. It revises age
ranges of juveniles who may be committed to such facilities
and revises offenses that permit juveniles to be committed to
such facilities.
HEALTH WORKER PROTECTION
MEASURE FAILS
HB 1365/SB 1466 — Healthcare Provider Accountability by
Rep. Rayner-Goolsby and Sen. Book failed this session.
This bill would provide immunity to health care workers of
hospitals& nursing home facilities who carry out directives
of supervising health care practitioner or entity. It also requires
AHCA to provide reports on success of personal care
attendant program and requires nursing home facilities to
report to agency common ownership relationships they or
their parent companies share with certain entities. Furthermore,
it requires agency to submit report of such reported common
ownership relationships to Governor& Legislature as well
as revises rate methodology for agency's long-term care
reimbursement plan; requires agency to add quality metric
to its Quality Incentive Program for specified purposes.
24 3394 m
COMMUNITY AND URBAN AFFAIRS- PASSED
BILL EXPANDING THE FLORIDA Limit the milestone inspection requirements to buildings that
SHARE-USE NONMOTORIZED SUN include a residential condominium or cooperative;
Provide that the milestone inspection requirements apply
TRAIL NETWORK SIGNED INTO LAW to buildings that in whole or in part are subject to the
SB 106- Florida Share-Use Nonmotorized Trail Network condominium or cooperative forms of ownership, such as
by Sen. Brodeur (HB 915 by Rep. Botana) was signed into mixed-ownership buildings;
law on April 11, 2023.The bill discusses the development • Clarify that all owners of a mixed-ownership building
of"regionally significant trails"which are defined as trails in which portions of the building are subject to the
crossing multiple counties; serving economic and ecotourism condominium or cooperative form of ownership are
development,showcasing the state's wildlife areas, ecology, responsible for ensuring compliance and must share the
and natural resources; and serving as main corridors for trail costs of the inspection;
connectedness across the state. The bill authorizes FDOT • Require a building that reaches 30 years of age before
and local governments to enter into sponsorship agreements December 31, 2024, to have a milestone inspection
for trails and to use associated revenues for maintenance, before December 31, 2024;
signage, and related amenities Further, the bill expands the • Delete the 25-year milestone inspection requirements
existing Shared-Use Nonmotorized (SUN) Trail Network for buildings that are within three miles of the coastline;
and increases recurring funding for the SUN Trail Network • Authorize the local enforcement agencies that are
from $25 million to $50 million and provides a non-recurring responsible with enforcing the milestone inspection
appropriation of$200 million to plan, design, and construct requirements the option to set a 25-year inspection
the SUN Trail Network. requirement if justified by local environmental conditions,
including proximity to seawater;
LEGISLATION CREATING THE HISTORIC Authorize the local enforcement agency to extend the
inspection deadline for a building upon a petition
CEMETERIES PROGRAM PASSES showing good cause that the owner or owners of the
HB 49-Abandoned and Historic Cemeteries by Rep. Driskell building have entered into a contract with an architect or
(SB 430 by Sen. Powell) passed unanimously this session.The engineer to perform the milestone inspection services and
bill creates the Historic Cemeteries Program within the Division the milestone inspection cannot reasonably be completed
of Historical Resources of DOS and appoints a State Historic before the deadline;
Preservation Officer to oversee the program.The Officer • Permit local enforcement agencies to accept an
is tasked with assisting state and federal agencies, local inspection and report that was completed before
governments, and other stakeholders with inquiries related July 1, 2022, if the inspection and report substantially
to abandoned cemeteries.The Historic Cemeteries Program comply with the milestone requirements,-
can provide grants following legislative appropriation to • Provide that the inspection services may be provided by a
local governments for the purpose of repairing, restoring, and team of design professionals with an architect or engineer
maintaining abandoned African-American cemeteries. The acting as a registered design professional in responsible
bill creates the Historic Cemeteries Program Advisory Council charge; and
within the Division to provide guidance and recommendations • Clarify that an association must distribute a copy of the
to the Division regarding the duties and responsibilities of the summary of the inspection reports to unit owners within
Historic Cemeteries Program. 30 days of its receipt.
MILESTONE INSPECTION DISPOSAL OF PROPERTY BILL PASSES
REQUIREMENTS FOR UNANIMOUSLY
CONDOMINIUM AND SB 678- Disposal of Property by Sen. Powell (HB 763 by
Rep. Edmonds) passed unanimously this session. SB 678
COOPERATIVE LEGISLATION PASSES provides that the Florida Department of Transportation may
SB 154- Condominium and Cooperative Associations convey property to a governmental entity without consideration
by Sen. Bradley(HB 1395 by Rep. Lopez (V)) passed if the property is to be used for affordable housing.
unanimously in both chambers this session.The bill revises the
milestone inspection requirements for condominium and
cooperative buildings that are three or more stories in height to:
3395
CHALLENGES TO LOCAL MY SAFE FLORIDA PROGRAM
GOVERNMENT COMPREHENSIVE EXPANSION LEGISLATION PASSES
PLANS PASSES UNANIMOUSLY
SB 540- Local Government Comprehensive Plans by HB 8 81- My Safe Florida Home Program (MSFH) by
Sen. DiCeglie (HB 359 by Rep. Duggan) passed this session. Rep. LaMarca (SB 748 by Sen. Boyd) passed this session.
The bill passed in the House with a vote of (87-30) and in This bill makes various changes to the statutory framework for
the Senate with a vote of (29-10).The bill provides that in the MSFH Program, including changes to inspection and grant
challenges to the comprehensive plan and plan amendments, eligibility requirements, program management, and technical,
including small scale plan amendments, the prevailing party conforming, and statutory structure. The bill requires that eligible
is entitled to recover attorney fees and costs, including properties be homesteaded. The bill removes the designation
reasonable appellate attorney fees and costs. of a specific portion of the grant funds for low-income recipients,
but increases the overall grant award for low-income recipients
The bill revises the statute regulating land development from $5,000, to $10,000.The bill makes the MSFH Program
regulations, to provide that land development regulations statewide instead of limited to homes in the wind-borne debris
relating to any characteristic of development other than use, region.The bill also eliminates two types of home improvements
or intensity or density of use, do not apply to Florida College from the list of those home improvements for which MSFH
System institutions. Lastly, the bill clarifies the scope of review Program grant funds may be used because they are no longer
for a local government decision to grant or deny a development recognized by the Florida Building Code.The bill heads to the
order by providing that the order may only be challenged if it Governor for final approval.
would materially alter the use, density, or intensity of the
property in a manner not consistent with the comprehensive MUNICIPALITY CONTRACTION
plan. The bill heads to the Governor's desk.
BILL PASSES
LOCAL BUILDING PLANS SB 718- Local Government by Sen.Yarborough (HB 653 by
Rep. Canady) passed this session. SB 718 passed with a vote
LEGISLATION PASSES of(35-4) in the Senate and (91-26) in the House. The bill
HB 89- Building Construction by Rep. Maggard (SB 512 requires a municipality to conduct a feasibility study before
by Sen.Hooper) passed unanimously in both chambers this conducting an annexation or contraction.The bill removes a
session. HB 89 passed (114-2) in the House and unanimously in requirement that the owners of more than fifty percent of the
the Senate. The bill prohibits a local government from making parcels of land in the area proposed to be annexed consent
substantive changes to plans after a permit has been issued to the annexation when an area does not have any registered
unless such changes are required under the Building Code, electors.The bill removes the requirement that a municipality
or Fire Prevention Code. provide specific findings when rejecting a contraction petition.
• Requires any changes a local government makes to plans
after a permit has been issued to identify the specific parts The bill also revises municipal contraction procedures to
of the plan that do not conform to the applicable code in require that if more than 70 percent of the acreage to be
writing. contacted is owned by entities that are not registered
• Requires a building official or inspector who asks another electors, the area may not be contracted unless the owners
person or employee other than a building official, plans of a majority of the acreage in the area consent to the
examiner, or inspector to review the building plans to notify contraction.The consent must be obtained by the parties
the local government if such person or employee determines proposing the contraction before the referendum.
the plans do not comply with the Building Code.
• Requires a local fire official to notify the permit applicant
of specific reasons why plans do not comply with the Fire
Prevention Code.
• Allows a plans examiner, inspector, building official, or
Fire safety inspector to have their certificate disciplined for
failure to notify the appropriate person of the reasons for
making substantive changes to building plans.
The bill heads to the Governor's desk for final approval.
26 3396 M
u im �uuu uuuu iu i uuu� : uuuN
u ui
U
TREES AND VEGETATION WITHIN Specifically, the bill:
THE RIGHTS—OF—WAY LEGISLATION Requires
agency each review powersandduttiesgrantedubytheagenles for l agency's
FAI LS enabling statutes. If, after reviewing a rule, the agency
SB 108- Trees and Vegetation Within the Rights-of-way of determines substantive changes to update a rule are not
Certain Roads and Rail Corridors by Sen. Rodriguez (HB 55 required, the agency must repromulgate the rule.
by Rep.Garcia failed this session.SB 108 passed unanimously on • Authorizes agencies to hold workshops to gather information
the Senate floor; however HB 55 was never taken in House to aid in the preparation of the Statement of Estimated
messages.The bill revises provisions relating to a prohibition Regulatory Cost.
against removal, cutting, or destruction of any trees or other • Requires an agency, in all notices of rulemaking that
vegetation within the rights-of-way of roads located on the include material incorporated by reference, to submit the
State Highway System.The bill provides that the prohibition incorporated material in the prescribed electronic format
does not apply if the Florida Department of Transportation to the Department of State with the full text available for
(FDOT) suspends such prohibition pursuant to a declared free public access through an electronic hyperlink.
state of emergency.The FDOT is required to adopt informational • Requires the agency annual regulatory plan to identify
guidelines related to the removal process for debris from and describe each rule-by-rule number or proposed rule
an emergency that is subject to an emergency declaration, number that the agency expects to develop, adopt, or
including, but not limited to, a hurricane or a tropical storm. repeal for the 12-month period beginning October 1 and
ending September 30, and to include a declaration by
AFFORDABLE HOUSING the agency head and general counsel.
• Allows submitting a lower cost regulatory alternative after
EXEMPTION IN AREA OF CRITICAL publication of a notice of change.
CONCERN FAILS • Defines the term "technical change" and requires
documenting technical changes in a rule's history.
HB 1293/SB 1212-Affordable Housing in Areas of Critical Requires at least seven days between the publications
State Concern by Rep. Mooney,Jr. and Sen. Rodriguez failed of a notice of rule development and of a notice of
this session. HB 1393 stalled in its last committee, House State proposed rule.
Affairs, and SB 1212 was never heard.The bill exempts a Requires the Department of Environmental Protection and
county or municipality whose land has been designated by each water management district to review and report on
the Legislature as an area of critical state concern within the
past five years, and for which the Legislature has declared an their permitting processes.
intent to provide affordable housing, from a requirement to
specified portions of the local housing assistance trust fund VACATION RENTAL REQUIRED
to provide assistance to very-low-income and low-income CONTACT LEGISLATION FAILS
persons. The bill provides that the exemption expires
July 1, 2028, and applies retroactively. SB 92/HB 105 - Vacation Rentals/Preemption of the
Regulation of Vacation Rentals by Sen. Garcia and
Rep. Basabe failed to be heard this session. The legislation
BILL AMENDING ADMINISTRATIVE would provide that local laws, ordinances, or regulations
PROCEDURES ACT FAILS requiring vacation rental owners or operators to maintain
HB 713/SB 742-Administrative Procedures and Permitting and coordinate with a local government the name and
Process Review/Administrative Procedures by Rep.McFarland contact information of the party responsible for responding
and Sen.Grall. HB 713 passed all committees but was never to complaints and problems associated with the rental by
heard on the House floor,and SB 742 stalled in its last committee, phone are not prohibited or preempted to the state.
Senate Fiscal Policy.The bill amends the Administrative Procedures
Act to increase transparency in rulemaking, provides a process
for agencies to reduce unnecessary rules, requires certain
agencies to review coastal permitting and other permitting
processes, and ensures that regulatory cost impacts are
considered for every rule.
3397
PARKING PREEMPTION BUILDING PERMITS EXEMPTION
REPEAL FAILS LEGISLATION FAILS
HB 617/SB 694- Private Property for Motor Vehicle Parking SB 570- Building Permits by Sen. Powell failed this session
by Rep. Busatta Cabrera and Sen. Gruters. HB 617 passed a and was never heard.This bill would have exempted local
II committee stops but was never heard on the floor, and governments that are certified by and in good standing with
SB 694 stalled at its last stop, Senate Rules.The bills remove the Certified Local Government Program under the Division
a provision that prohibited counties from enacting an of Historical Resources of the Department of State from
ordinance or regulation restricting or prohibiting the right of a provisions relating to prohibiting or restricting private property
private property owner or operator for motor vehicle parking. owners from obtaining certain building permits.There was no
It requires owners or operators to follow specific rules, such House companion.
as establishing fines and penalties equivalent to those set for
municipal parking.
WORKFORCE HOUSING
DHSMV DEPARTMENT BILL FAILS LEGISLATION FAILS
SB 1252-Department of Highway Safety and Motor HB 665 - Workforce Housing Communities by Rep. Roth
Vehicles by Sen. DiCeglie (HB 1085 by Rep. Maney) failed failed this session as it was never heard.This bill authorizes
this session. HB 1085 passed (99-15) in the House, however, governmental entities to create workforce housing communities
SB 1252 was retained on the calendar and never taken up the by creating HOAs &entering contracts with infrastructure
last week of session. The bills are the Department of Highway services companies.There was no Senate companion bill.
Safety and Motor Vehicles (DHSMV) agency bills. It expressly
states that the DHSMV is charged with the administration and CHALLENGES TO DEVELOPMENT
enforcement of specified federal laws relating to CMVs.
ORDERS BILLS FAIL
UNIVERSAL OCCUPATIONAL SB 816/HB 843 - Challenges to Development Orders by
LICENSING FAILS Sen. Polsky and Rep. Cross failed and were never heard.
This legislation requires a prevailing party to show that the
SB 1336/SB 1346- Interstate-Mobility and Universal- challenges to a development order are frivolous before the
Recognition Occupational Licensing Act by Sen. Collins prevailing party is entitled to recover reasonable attorney
(HB 1333 by Rep. Koster) failed this session. Both the House fees and costs. It prohibits a prevailing party in a challenge to
and Senate bills were never heard on 2nd reading.The bill a comprehensive plan from an award of reasonable attorney
addresses occupational license portability in the United States fees and costs.
by requiring Florida licensing boards that issue occupational
licenses or government certifications to individuals under PUBLIC CONSTRUCTION WORKS
ch. 455, F.S., relating to the regulations of professions by the
Department of Business and Professional Regulation (DBPR), CONTRACT BILL FAILS
or ch. 456, F.S., relating to the regulation of professions by the SB 830- Competitive Award of Public Construction Works
Department of Health (DOH), to issue an occupational license Contracts by Sen. Hooper failed this session.This legislation
or government certification (universal license) to eligible revises the applicability of a requirement that certain government
applicants, under certain circumstances (universal licensing entities must competitively award certain public construction
requirement). works contracts.There was no House companion.
The bill provides that the universal licensing requirement does LEGISLATION PROTECTING OLDER
not apply to occupations regulated by the Florida Supreme
Court or certified public accountants. Certain contractors must COMMUNITIES FROM RENT
successfully complete a licensure examination, continuing INCREASES FAILS
education courses,or both,and certain occupations regulated
by the DOH must meet certain licensure requirements in HB 1261/SB 1698 — Rent and Security Deposits in
current law. SB 1366 authorizes licensing boards that issue Communities for Adults Aged 55 or Older by Rep. Gantt and
licenses pursuant to the Interstate Mobility and Universal- Sen.Jones failed this session. Both bills were never heard.
Recognition Occupational Licensing Act (act), to charge a A landlord of a community designed for adults aged 55 or
fee to applicants for an occupational license or government older may not increase the rent of a dwelling more than 12
certification, in order to recoup a board's costs, not to exceed percent of the initial rental fee over a 5-year period and a rent
increase may not exceed 55 percent of the average fixed
$100 for each application.
28 3398 M
income of the renters in the community. Additionally, a
landlord may not charge a security deposit that is more than
1 month's rent in such community.
AFFORDABLE HOUSING LAND
BANK LEGISLATION FAILS
HB 1499-Affordable Housing by Rep. Skidmore failed and
was never heard.The bill authorizes municipalities to create
community land bank programs to sell eligible real property
by private sale for purposes of affordable housing & provides
requirements for such programs. It authorizes Florida Housing
Finance Corporation (FHFC) to allocate tax credit to
certain projects; and provides FHFC with certain powers &
responsibilities relating to Affordable Housing Construction
Loan Program.
WATER AND ENVIRO 1 1 PASSED
WATER QUALITY LEGISLATION or unbuilt residential lots with a density of more than
PASSES one OSTDS per acre; and
• Identify the name of the intended wastewater facility
HB 1379- Environmental Protection by Rep. Overdorf(SB receiving sanitary sewer flows after connection,
1632 by Sen. Brodeur) passed this session. The bill passed the capacity of the facility and any associated
unanimously in both chambers. transmission facilities, the projected wastewater
flow at the facility for the next 20 years including
The bill is the Department of Environmental Protection overhaul septic-to-sewer conversions and new construction,
for this session; it makes significant changes to the Onsite and a timeline for the construction of sanitary
Sewage Treatment and Disposal Systems (OSTDSs) siting sewer service.
process, changes to the Wastewater Grant Program, updates Each comprehensive plan must be updated to include
to the Comprehensive Plan Capital Improvement Element, this element by July 1, 2024, and as needed thereafter
establishes the Indian River Lagoon Protection Program, and to account for future applicable developments.This
more. Specifically, the bill: provision does not apply to a local government
designated as a RAO.
• Requires any county or municipality with a basin Prohibits the installation of new onsite sewage treatment
management action plan (BMAP) within its jurisdiction to and disposal systems (OSTDSs) within a BMAP area
include within the capital improvement element of its adopted under s. 403.067, F.S., a reasonable assurance
comprehensive plan a list of projects necessary to achieve plan, or a pollution reduction plan where connection to
the pollutant load reductions attributable to the local a publicly owned or investor-owned sewerage system
government as established in the BMAP. is available. In addition, on lots of 1 acre or less within
• The bill requires the future potable water, drainage, such areas where a publicly owned or investor-owned
sanitary sewer, solid waste, and aquifer recharge sewerage system is not available, the bill requires the
protection element of comprehensive plans to: installation of enhanced nutrient-reducing OSTDSs or
• Address coordinating the treatment or upgrade of other wastewater treatment systems that achieve at least
facilities providing such services and to prioritize 65 percent nutrient reduction.
advanced waste treatment; Authorizes DEP to provide grants for projects that
• Include an element to consider the feasibility of reduce the amount of nutrients entering waters that: are
providing sanitary sewer services within a 10-year not attaining nutrient or nutrient-related standards; have
planning horizon to any group of more than 50 built an established total maximum daily load (TMDL); or are
3399
located within a BMAP area, a reasonable assurance CLEAN WATERS ACT RATIFYING
plan area adopted by final order, an accepted alternative DEP WASTEWATER RULES PASSES
restoration plan area, or a rural area of opportunity.
• Requires DEP, relevant local governments, and relevant UNANIMOUSLY, STORMWATER
local public and private wastewater utilities, as part of RULE NOT CONSIDERED
a BMAP that includes an Outstanding Florida Spring, to
develop an OSTDS remediation plan for a spring if DEP HB 7027- Ratification of Rules of the Department of
determines OSTDSs within a BMAP contribute at least 20 Environmental Protection by Rep. Overdorf(SB 7002) passed
percent of nonpoint source nitrogen pollution or if DEP this session. In 2020, the Legislature passed the Clean
determines remediation is necessary to achieve the TMDL. waterways Act(Act) to address a number of environmental
• Establishes the Indian River Lagoon Protection Program issues relating to water quality improvement. In pertinent part,
within DEP. the Act expanded requirements for onsite sewage treatment
• Dedicates $100 million annually to DEP from the Land and disposal systems (OSTDSs) by requiring a remediation
Acquisition Trust Fund for the acquisition of lands through plan to be included in the development of a basin management
the Florida Forever Program. action plan for nutrient-impaired water bodies if: OSTDSs
• Increases the contract price for a land acquisition agreement contribute at least 20 percent of the nutrient pollution; or The
that requires approval by the Board of Trustees of the Department of Environmental Protection (DEP) determines that
Internal Improvement Trust Fund and increases the remediation is necessary to achieve the total maximum daily
threshold for when two appraisals are required. load. The Act also created new regulations for wastewater
• Requires appraisal reports to be disclosed to private treatment facilities related to the prevention of sanitary sewer
land owners during negotiations for acquisition. overflows and underground pipe leaks.
BIOSOLIDS LEGISLATION PASSES The Act required DEP to promulgate rules to administer the
requirements of the OSTDS remediation plan (rule 62-6.001,
HB 1405- Biosolids by Rep.Tuck (SB 880 by Sen. Brodeur) F.A.C.) and to implement requirements of the Act related to
passed this session.The bill passed unanimously in both reducing domestic wastewater treatment facility overflows
chambers. and pipe leakages through pipe repair action plans, power
outage contingency plans, and reports relating to expenditures
The bill establishes a biosolids grant program within DEP and on pollution mitigation and prevention (rules 62-600.405,
provides that, subject to the appropriation of funds by the 62-600.705, and 62600.720, F.A.C.).
Legislature, DEP may provide grants to counties, special
districts, and municipalities to support projects that: The bill ratifies the DEP rules, rules 62-6.001, 62-600.405,
• Evaluate and implement innovative technologies and 62-600.705, and 62-600.720, F.A.C.The bill serves no other
solutions for the disposal of biosolids; or purpose and will not be codified in the Florida Statutes.The bill
• Construct, upgrade, expand, or retrofit domestic facilities specifies that after becoming law, its enactment and effective
that convert wastewater residuals to Class AA biosolids, dates will be noted in the Florida Administrative Code, the
nonfertilizer uses or disposal methods, or alternatives to Florida Administrative Register, or both, as appropriate.
synthetic fertilizers.
The Legislature failed to consider the proposed Stormwater
The bill encourages applicants to form public-private rule ratification.
partnerships with private utilities and firms.
The bill provides that projects eligible for funding by the LEGISLATION ALLOWING
biosolids grant program may include, but are not limited DEPARTMENT OF TRANSPORTATION
to, projects that reduce the amount of nutrients in biosolids, TO STUDY USE OF PHOSPHOGYPSUM
projects that reduce the amount of emerging contaminants
in biosolids, or projects that provide alternatives to the land PASSES
application or landfilling of biosolids as a method of disposal. HB 1191- Use of Phosphogypsum by Rep. McClure (SB 1258
The bill requires DEP, in allocating grant funds, to prioritize by Sen.Trumbull) passed this session. HB 1191 passed with a
projects by considering the environmental benefit that a vote of(81-25) in the House and (34-4) in the Senate.The bill
project may provide.The bill requires DEP to administer the authorizes the Department of Transportation (DOT) to
biosolids grant program so that, of the funds made available undertake demonstration projects using Phosphogypsum (PG)
each year for the program, 10 percent of those funds are from phosphate production in road construction aggregate
reserved for projects located within an area designated a material.The bill requires DOT to conduct a study to evaluate
rural area of opportunity. the suitability of using PG as a construction aggregate
30 3400
material. DOT may consider any prior or ongoing studies of reciprocal license.The DEP must also adopt rules for licensure
PG's road suitability in the fulfillment of this duty.The study by reciprocity.
and a determination of suitability must be completed by
January 1, 2024. Upon DOT's determination of suitability, The bill also provides that, during a declared state of
PG from phosphate production may be used as a construction emergency under s. 252.36, F.S., the DEP:
aggregate material in accordance with the EPA's approval for • May issue a temporary license to applicants who otherwise
use.The bill provides that PG used in accordance with an meet the requirements for licensure reciprocity; and
allowed use expressly specified in EPA regulations, or pursuant • Must waive the application fee for a temporary operator
to an express EPA approval for the specific use, is not solid license.
waste and is an allowed use in this state.The bill also provides
that PG may be placed in a PG stack permitted by the SEA LEVEL RISE CONSTRUCTION
Department of Environmental Protection.
STUDY LEGISLATION PASSES
FLOATING DOCKS PREEMPTION H B 111- Flooding and Sea Level Rise Vulnerability Studies by
Rep. Hunschofsky (SB 1170 by Sen. Calatayud) passed this
AND VESSEL REGULATION PASSES session unanimously. The bill expands the requirement for
HB 847- Vessel Regulations by Rep. Stark (SB 1082 by public entities to conduct a sea level impact projection (SLIP)
Sen. DiCeglie) passed this session. HB 847 passed in the study before commencing construction of certain state-
House with a vote of (113-2) and in the Senate with a vote financed coastal structures to apply the requirement to certain
of(39-0).The bill revises the ERP permitting exemption for structures that are within any area that is at risk due to sea
floating vessel platforms and floating boat lifts to specify local level rise, not just areas within the coastal building zone.The
governments may only require a one-time registration for a structures subject to this requirement are any"potentially
floating vessel platform where the owner of such platform at-risk structures or infrastructure,"which include certain
self-certifies compliance with the ERP exemption criteria to critical assets or historical or cultural assets that are within an
ensure compliance with ordinances, codes, state-delegated or area at risk due to sea level rise.The bill expands the Resilient
state-mandated plans or programs, which may not be applied Florida Grant Program to provide funding to:
more stringently than, or inconsistent with, the ERP exemption • Municipalities and counties for feasibility studies and
criteria for certain floating vessel platforms. permitting costs for nature-based solutions that reduce the
impact of flooding and sea level rise; and
The bill also contains the provisions of HB 1103/SB 1314- • Water management districts to support local government
Boating-restricted Areas by Rep.Tramont and Sen.Wright adaptation planning.
which allow a municipality or county to adopt an ordinance
that establishes a slow speed,minimum wake boating-restricted The bill heads to the Governor's desk.
area, if the area is within 500 feet of a sewage pumpout
station at any public or private nonresidential marina if the OSBORNE REEF RESTORATION BILL
sewage pumpout station is within 100 feet of the marked
channel of the Florida Intracoastal Waterway. PASSES UNANIMOUSLY
HB 641- Restoration of Osborne Reef by Rep. LaMarca
WATER UTILITY WORKER (SB 546 by Sen. Avila) passed this session unanimously.The
Osborne Reef, an artificial reef, is located off the coast of Fort
RECIPROCITY BILL PASSES Lauderdale and is overrun with old tires. Beginning in 2007,
SB 162- Water and Wastewater Facility Operators (HB 23 efforts have been made to remove the tires; however, due to
by Rep. Bell) passed unanimously in both chambers this the magnitude of the project and its projected cost, not all of
session. Under current law, Florida is the only state to not the tires have been removed. The bill requires the Department
allow reciprocal licensing of water utility operators licensed in of Environmental Protection (DEP) to submit a report to the
other federal, state, or territorial jurisdictions. The bill requires President of the Senate and the Speaker of the House of
the Department of Environmental Protection (DEP) to issue Representatives on the status of the Osborne Reef cleanup and
reciprocal licenses to water utility workers licensed in other tire removal project by December 1, 2023. By July 1, 2024,
jurisdictions and other license applicants who meet certain the bill requires DEP to develop a comprehensive coral reef
requirements. The bill directs the DEP to award education and restoration plan for Osborne Reef to be commenced, subject
operational experience credits to license applicants who have to appropriation, upon the completion of the cleanup and tire
performed comparable duties in the United States Armed removal project.
Forces but who do not meet some other requirements for a
3401
� NNl P NNNN WSJ IN
SANITARY SEWER LATERAL By January 1, 2025, the bill requires each county to submit a
INSPECTION PROGRAMS plan to DEP for ensuring the county will appropriately dispose
of covered electronic devices at a permitted reclamation
LEGISLATION FAILS facility. Effective January 1, 2026, any person who owns or
HB 661/SB 1420- Sanitary Sewer Lateral Inspection operates an industrial, institutional, or commercial facility in
Programs by Rep.Truenow and Sen. Rodriguez failed this the state must dispose of that facility's covered electronic
session. HB 661 was temporarily postponed in its first devices in a permitted reclamation facility. Effective
committee and never heard,while SB 1420 only passed one January 1, 2028, the bill makes it unlawful for any person to
committee.The bill revises the discretionary minimum program dispose of covered electronic devices anywhere that is not a
requirements for counties and municipalities that establish an permitted reclamation facility.
evaluation and rehabilitation program for sanitary sewer laterals
on residential and commercial properties. For counties and REPEAL OF STATE REGULATION OF
municipalities that identify a defective sanitary sewer lateral RECYCLABLE AND POLYSTYRENE
and initiate a program to eliminate extraneous flow, the bill:
• Requires notice by certified mail by the county or MATERIALS FAILS
municipality to the property owner, specifying that the SB 498- Preemption of Recyclable and Polystyrene Materials
county or municipality intends to access the owner's property by Sen. Stewart failed this session with no committee hearings.
within 14 days to address the sanitary sewer lateral; The bill deletes the state preemption of the regulation of
• Provides that the county or municipality is responsible disposable plastic bags including auxiliary containers and
for any repair work done on the private property and is wrappings and repeals the state preemption of the use or
required to ensure that the property is restored to at least sale of polystyrene products to FDACS.There was no House
its pre-work conditions after the repair is complete; companion.
• Specifies methods for the repair and inspection of sanitary
sewer laterals by a county or municipality; and MANGROVE RESTORATION BILL
• Authorizes the county or municipality to consider
economical methods to repair or replace a defective, FAI LS
damaged, or deteriorated sanitary sewer lateral. SB 100/HB 561- Mangrove Replanting and Restoration by
Sen. Garcia and Rep. Mooney,Jr. failed this session. SB 100
The bill authorizes counties or municipalities to use state stalled in its last committee, Senate Rules, but HB 561 was
or local funds allocated for the purpose of environmental never heard in any committee.The bill requires the Florida
preservation or the protection of water quality for a sanitary Department of Environmental Protection (DEP) to adopt rules
sewer lateral program. The bill also authorizes counties and for mangrove replanting and restoration.The bill requires the
municipalities to establish and implement an alternative rules to address significant erosion in areas of critical state
evaluation and rehabilitation program to identify and reduce concern, protect barrier and spoil islands, assist Everglades
extraneous flow from leaking sanitary sewer laterals. restoration and Biscayne Bay revitalization efforts, promote
public awareness, and identify vulnerable properties along
BILL ESTABLISHING STATEWIDE the coastline and encourage partnerships with local
ELECTRONIC RECYCLING governmental entities to create mangrove protection and
restoration zone programs. The rules must also protect and
PROGRAM FAILS maintain access to the navigation of the marked channel and
HB 691/SB 1030-Recycling of Covered Electronic Devices the right-of-way of the Florida Intracoastal Waterway.
by Rep.Basabe/Sen.Trumbull failed this session. Both bills
stalled in their second committee stops. The bill establishes
the statewide Covered Electronic Device Recovery Program LEGISLATION REQUIRING NOTICE
(Program) within DEP and authorizes DEP to use funds from OF CONTAMINATED WATER
the Solid Waste Management Trust Fund to administer the
Program.The purpose of the Program is to create a statewide SYSTEMS FAILS
plan for the recycling of covered electronic devices. HB 207/SB 592- Notice of Contaminated Water Systems
by Rep. Edmonds and Sen. Powell failed this session.The
32 3402 m
bill requires DOH and county health departments to have The bill removes language requiring the Department of
additional responsibility to notify the public via text message Environmental Protection (DEP) or the water management
to each owner or occupant of affected residences in which districts (WMDs) to notify in writing whether the proposed
health hazards exist due to contamination from pollutants activity qualifies for the exemption within 30 days after receipt
or hazardous substances.The notice by text message must of an exemption request. The bill also removes language
include the date of the findings of contamination, the levels requiring provision of the written notice prior to commencement
of contamination found, and the date of restoration of of the activity. The bill requires the owner of the property
potable water. where the measures or practices will be implemented, or their
designee, to provide written notification to DEP or the WMD
N DIAN RIVER LAGOON PROJECT within 30 days before commencing work. If the measures or
practices will implement a mitigation bank or an offsite regional
GRANT LEGISLATION FAILS mitigation area, the property owner must show DEP or the
SB 320/HB 547-Land Aquisition Trust Fund by Sen. Harrell WMD evidence of the required permit.
and Sirois failed this session. SB 320 stalled in its second
committee, Senate Appropriations on Agriculture, Environment, WASTEWATER GRANT BILL FAILS
and General Government, and HB 547 was never heard. SB 458/HB 827- Wastewater Grant Program by Sen.
The bill appropriates from the Land Acquisition Trust Fund a
Rodriguez and Rep. Basabe passed this session. SB 458
minimum of the lesser of 7.6 percent of the funds remaining
after debt service or$50 million annually for projects stalled in its second committee,Senate Appropriations Agriculture,
dedicated to the conservation of the Indian River Lagoon. Environment, and General Government Committee, and HB
The Department of Environmental Protection (DEP)will use the 827 was never heard. The bill expands the wastewater grant
funds to provide grants for projects that implement the 2008 program to include funding for projects intended to restore a
waterbody or waterbody segment listed as impaired.
updated Indian River Lagoon Comprehensive Conservation
and Management Plan. Priority must be given to projects for
ecosystem monitoring and habitat restoration, septic to sewer RECYCLING PLAN UPDATE
conversion, and management of stormwater, freshwater, and LEGISLATION FAILS
agricultural discharges. Grants for septic to sewer conversion SB 506/HB 1427-Comprehensive Waste Reduction and
and discharge management projects must require a minimum Recycling Plan by Sen. Stewart and Rep. Casello failed this
50 percent local match. session. SB 506 stalled in its last committee, Senate Fiscal
Policy,and HB 1427 was never heard in any House committees.
LEGISLATION IMPACTING WATER The bill directs the Department of Environmental Protection
RESOURCES FAILS (DEP) to develop a comprehensive waste reduction and
HB 371/SB 910- Management and Storage of Surface recycling plan by July 1, 2024, and to convene a technical
Waters by Rep. Killebrew and Sen. Burton failed this session. assistance group within the DEP to help develop the plan.
HB 371 was never heard,while SB 910 by Sen. Burton stalled The bill provides minimum criteria for the plan and directs the
in its second committee, Senate Community Affairs.The bill DEP to provide a report to the President of the Senate and the
adds exemptions to the management and storage of surface Speaker of the House of Representatives upon its completion.
waters statutes for measures or practices implemented primarily
for environmental habitat creation or enhancement activities HEARTLAND HEADWATER
on lands specifically classified as agricultural or government- APPROPRIATION BILL FAILS
owned lands. It removes language that limits this exemption HB 557/SB 602- Land Acquisition Trust Fund by Rep. Bell/
to measures or practices determined to have a minimal or Sen. Burton failed this session. SB 602 was heard in one
insignificant individual and cumulative adverse impact on the committee, while HB 557 was never heard.The bill appro-
water resources of the state.The bill provides that the measures priates $20 million from the Land Acquisition Trust Fund to
or practices stated above may alter the topography of the
the Department of Environmental Protection to implement the
land, including activities and improvements that divert the flow Heartland Headwaters Protection and Sustainability Act(Act).
of surface waters or impact wetlands on the land, if the activi- However, in the recommended FY 23-24 budget(SB 2500),
ties result in a net increase in wetland resource functions.They an appropriation of $8.5 million for the Polk Region Water
must be planned, designed, and implemented to result in a Cooperative Heartland Headwater is included.The funds are
wetland habitat that resembles the characteristics of a functional appropriated to the Department of Environmental Protection
wetland habitat in the some region. If the measures or practices for the Polk Regional Water Cooperative Heartland Headwaters
result in a violation of water quality standards, they will not Protection and Sustainability are provided for the purpose
qualify for the exemption.
3403
of entering into financial assistance agreements with the Polk awarded.A county with a population of 50,000 or less is not
Regional Water Cooperative and must be distributed in required to contribute to the cost share.
accordance with the projects identified in the Annual
Comprehensive Water Resources Report submitted to the RENEWABLE ENERGY COST
Legislature pursuant to section 373.463, Florida Statutes,
to finance the cost of designing or constructing projects that RECOVERY LEGISLATION FAILS
protect, restore, or enhance the headwaters of the river HB 821/SB 1162- Renewable Energy Cost Recovery by Rep.
systems located in Polk County. Yeager and Sen.DiCeglie failed this session. HB 821 stalled
in its last committee, House Commerce, and SB 1162 passed
BILL REVISING FLORIDA FOREVER unanimously on the Senate floor.The bill amends s. 366.91,
F.S., relating to Florida's renewable energy policy, in the
BONDS AND PROCEEDS FAILS following ways:
HB 559/SB 928- Land Acquisition Funding by Rep. Cross/ The bill allows all public utilities under ch. 366, F.S., not
Sen.Stewart failed this session. Both bills were never heard. only natural gas companies, to be approved for cost
The bill extends the retirement date of Land Acquisition Trust recovery for renewable natural gas (RNG) contracts
Fund (LATF) bonds issued to fund the Florida Forever Act to where the pricing of the natural gas exceeds the market
2054 from 2040.Additionally, the bill revises the Florida price of conventional natural gas
Forever Act LATF distributions within 259.105(3). It requires a The bill revises the test for the approval of the provision
minimum annual appropriation of the lesser of 40%or $350 from "prudent and reasonable" to meeting the goals
million to the Florida Forever Trust Fund. as stated in s. 366.91 (1), F.S., "by promoting the
development or use of renewable energy resources in this
SALTWATER INTRUSION state and providing fuel diversification and the contract is
otherwise reasonable."
VULNERABILITY ASSESSMENTS The bill also allows public utilities to recover, through
LEGISLATION FAILS an appropriate cost-recovery mechanism administered
SB 734/HB 1079- Saltwater Intrusion Vulnerability Assessments by the Florida Public Service Commission, reasonable
by Sen. Polsky and Rep.Cross failed this session. HB 1079 incurred costs for certain renewable natural gas and
was never heard,while SB 734 passed unanimously on the hydrogen fuel infrastructure projects.
Senate floor.The bill amends the Resilient Florida Grant The bill specifies limitations and approval requirements
Program to authorize the Department of Environmental for cost recovery for renewable natural gas or
Protection (DEP) to provide grants to coastal counties to hydrogen-based fuel infrastructure projects.
conduct vulnerability assessments analyzing the effects of
saltwater intrusion on their water supplies and the counties' FLOOD DAMAGE PREVENTION ACT
preparedness to respond to such threats, including water utility LEGISLATION FAILS
infrastructure,wellfield protection, and freshwater supply
management. HB 859/SB 1018- Flood Damage Prevention by Rep.
Basabe/Sen.Trumbull failed this session.
Each vulnerability assessment must include: HB 859 was never heard, while SB 1018 stalled in its last
• The county's primary water utilities;
• Maps of the county's freshwater wellfields and latest committee, Senate Rules.The bill provides that voluntary
saltwater intrusion impact lines; freeboard may not be used in the calculation of the maximum
• Projections of saltwater intrusion over the next decade; allowable height in the applicable zoning district for certain
and new and substantially improved structures. The bill provides
An analysis of the costs necessary to relocate freshwater that the maximum voluntary freeboard is nine feet within
• coastal high-hazard areas and four feet in all other areas.
wellfields anticipated to be impacted.
Freeboard, in the context of flood elevation requirements,
The bill requires the DEP to use the information from counties' generally refers to elevating a building's lowest floor above
saltwater intrusion vulnerability assessments to update the the base flood elevation and is usually expressed in terms of
Comprehensive Statewide Flood Vulnerability and Sea Level feet.Voluntary freeboard means the additional height above
Rise Data Set.The DEP must also make any appropriate the freeboard required by the floodplain management
information from the vulnerability assessments available to the regulations and the Florida Building Code.
public on its website.The bill requires the DEP to provide 50
percent cost-share funding, up to $250,000, for each grant The bill authorizes a local government to adopt by ordinance
minimum freeboard requirements or a maximum voluntary
34 3404 m
freeboard that exceeds the requirements in the bill or the MUNICIPAL UTILITIES OVERHAUL FAILS
Florida Building Code. In addition, the bill directs the Florida HB 1331/SB 1712- Municipal Utlitilies by Rep. Busatta
Building Commission to develop and adopt minimum Cabrera/Sen.Jones failed this session. HB 1331 stalled in its
freeboard requirements by November 1, 2023, and last committee, while SB 1712 stalled in its second committee.
incorporate such requirements into the next edition of the The bills create an exception to the maximum rates that may
Florida Building Code. Beginning January 2028, and every be charged to municipal water and wastewater utility
5 years thereafter, the commission must review the freeboard customers that are outside of the corresponding municipality's
requirements in the Florida Building Code and make boundaries.The bills provide that if a municipal electric utility
recommendations to the Legislature regarding any necessary provides water and sewer services to another municipality
revisions to such requirements. and serves that other municipality using a facility or water
or sewer plant within that other municipality, the utility must
EXCISE TAX ON WATER EXTRACTED charge its customers within that other municipality the some
FOR COMMERCIAL OR INDUSTRIAL rates, fees, and charges as those customers within its own
municipal boundaries.
USE BILL FAILS
SB930- Excise Tax on Water Extracted for Commercial or LEGISLATION PROHIBITING CERTAIN
Industrial Use by Sen. Stewart failed this session and was VESSELS TO ANCHOR FAILS
never heard.This bill would create a part III of ch. 211, F.S.,
entitled "Tax on Water Extracted for Commercial or Industrial HB 1385/SB 1502-Vessel Owner and Operation Requirements
Use"; imposing an excise tax upon persons extracting water by Rep.Basabe and Sen. Rodriguez failed this session. HB
from waters of the state for commercial or industrial use, 1385 was never heard in any committees, while SB 1502
except under certain circumstances. This would require that stalled in its second committee.The bill prohibits a person
tax proceeds be separately accounted for and be used for from anchoring a vessel in certain listed anchoring limitation
certain purposes by the Department of Environmental Protection. areas for more than four hours per day.This is an expansion
The bill authorizes the Department to prescribe certain forms of current law, which limits anchoring in these areas between
by rule and provides criminal penalties for certain violations. one-half hour before sunrise and one-half hour after sunset.
There was no House companion bill. The bill adds sections of Biscayne Bay in Miami-Dade County
to the list of anchoring limitation areas.
STATE RENEWABLE ENERGY GOALS
FAIL ONSITE SEWAGE INSPECTION
HB 957/SB 970 — State Renewable Energy Goals by Rep. PROCESS FAILS
Eskamani and Sen. Berman failed this session and was never HB 1425- Onsite Sewage Treatment and Disposal System
heard. This legislation would prohibit drilling or exploration Inspections by Rep. Caruso failed this session and was never
for, or production of, oil, gas, or other petroleum products heard. This legislation would require owners of certain onsite
& permitting &construction of certain related structures.The sewage treatment&disposal systems to have periodic
bill requires statewide renewable energy electricity&carbon inspections and pay specified costs. Directs FDEP to administer
emission reductions by 2050 and by 2051 the state will have inspection program and provides an implementation schedule,
net zero carbon emissions statewide. qualified contractors, exemptions, assessment&inspection
procedures, fees, notices, disciplinary actions, &penalties.
BILL ESTABLISHING RESILIENCE
DISTRICTS FAILS
HB 1147/SB 1200 — Resilience Districts by Rep. Buchanan
and Sen. Grall failed this session.The bill authorizes the
establishment of infrastructure resilience districts&condominium
resilience districts.The legislation would also provide requirements
related to the establishment of such districts, including petitions,
public hearings, resolutions, size, boards, & budgets.
3405
BROADBAND- PASSED
BROADBAND REGULATIONS FOR Opportunity (department) under the Broadband Opportunity
RURAL ELECTRIC COOPERATIVES P impram, or lemented by the department.ursuant to a l band access grant
program p Y
PASSES
HB 1221- Broadband Internet Service Providers by The bill provides that the exemption does not apply to the
Rep.Tomkow (SB 626 by Sen. DiCeglie) passed department's requirement to publish a description of proposed
unanimously this session. unserved areas to be served and proposed broadband
Internet speeds of the areas to be served on the department's
The bills provide explicit authority for rural electric cooperatives website. The exemption is subject to the Open Government
in Florida to provide specified communications services in the Sunset Review Act and will stand repealed on October 2, 2028,
following circumstances: unless reviewed and reenacted by the Legislature.
• The cooperative provides broadband Internet service
directly or in partnership with a third party; or LEGISLATION EXTENDING PUBLIC
• The cooperative receives broadband grant funding RECORDS EXEMPTION FOR
pursuant to the Florida Broadband Opportunity Program
or from any other federal or state program offering grants FI RSTN ET PASSES
to expand broadband Internet service to unserved areas SB 7006- OGSR/Nationawide Public Safety Broadband
of the state. Network by Senate Governmental Oversight and
Accountability(HB 7001 by Rep.Yarkosky) passed this
Under the bill, if a cooperative provides a communications session.The bill saves from repeal the current public records
service under these terms, all poles owned by the cooperative exemption which makes information relating to the
are subject to the Public Service Commission's (PSC) pole Nationwide Public Safety Broadband Network(FirstNet) held
attachment regulations on the same terms as poles owned by by an agency confidential and exempt from public inspection
investor-owned electric utilities.Thus, the financial and legal and copying requirements. Unless saved from repeal by the
responsibilities of parties to rural electric cooperative pole Legislature, the exemption for information relating to FirstNet
attachment arrangements may substantially change depending is scheduled to repeal on October 2, 2023.This bill removes
on the PSC's implementation of its authority over pole attachment the scheduled repeal to continue the confidential and exempt
rates, charges, terms, and conditions. status of information held by an agency that relates to FirstNet.
The bill applies to a rural electric cooperative that engages FirstNet is a nationwide broadband network dedicated to
in the provision of broadband, either directly, through an emergency responders and the public safety community.
affiliate, or under agreement with a third party. The bill grants
access to books and records of a rural electric cooperative
and provides for the continued confidential treatment of
certain records under existing public record exemptions and
provides that the bill may not be construed to impair the
contract rights of a party to a valid pole attachment agreement
in existence before July 1, 2023.
BILL PROVIDING PUBLIC RECORDS
EXEMPTION ON CERTAIN
BROADBAND PROJECTS PASSES
SB 552- Public Records/Broadband Opportunity Program by
Rep. Hooper(HB 1437 by Rep. Esposito) passed unanimously
this session.The bill makes confidential and exempt from public
record inspection and copying requirements certain information
relating to communications services locations, project proposals,
and challenges submitted to the Department of Economic
36 3406 m
OTHER TECH- PASSED
VEHICLE PURCHASING • A spaceport territory;
LEGISLATION PASSES • Certain military installations and armory; and
• A dam or other structures such as locks, floodgates, or
SB 284- Energy by Sen. Brodeur(HB 1025 by Rep. Caruso) dikes, which are designed to maintain or control the level
passed unanimously this session. The bill revises the vehicle of navigable waterways.
procurement requirements for the state purchasing plan.
Specifically, the bill requires vehicles of a given use class to The bill removes the requirement that a person or governmental
be selected for procurement based on the lowest lifetime entity seeking to restrict or limit the operation of drones in
ownership costs, including costs for operations, maintenance, close proximity to infrastructure or facilities must apply to the
and fuel when fuel economy data is available, rather than Federal Aviation Administration for such designation under
on the greatest fuel efficiency available, when fuel economy s. 2209 of the FAA Extension, Safety, and Security Act of
data is available.The current exemption to this requirement is 2016. The bill removes the provision that a drone operating
continued for emergency response vehicles. The bill requires, in transit for commercial purposes can operate over a critical
when available, the use of ethanol and biodiesel blended infrastructure facility.
fuels and natural gas fuel when a state agency purchases
a vehicle with an internal combustion engine. The bill
requires the Department of Management Services to make
recommendations before July 1, 2024, regarding the
procurement of electric vehicles and natural gas fuel vehicles
and other vehicles powered by renewable energy.
The recommendations must include best practices for
integrating these vehicles into existing fleets. The bill expands
the definition of"single-trade inspection" for purposes of
building code inspection services to include inspections of
the installation of electric vehicle charging stations and solar
energy and energy storage installations or alterations.This
allows the property owner to contract with a private provider
for the inspection services rather than rely solely on the local
government code inspectors.The bill heads to the Governor
for final approval.
DRONE OPERATION
LEGISLATION PASSES
H B 645- Unmanned Aircraft Systems Act by Rep. Brackett
(SB 908 by Sen. Rodriguez) passed unanimously in both
chambers this session. HB 645 amends s. 330.41, F.S., to
expand the definition of"critical infrastructure facility" to
include:
• A water intake structure, water treatment facility,
wastewater treatment plant, or pump station;
• A liquid natural gas or propane gas terminal or storage
facility, regardless of capacity; • A refinery;
• A gas processing plant including a plant used in the
processing, treatment, or fractionation of natural gas;
• A seaport;
• An inland port or other facility serving as a point of
intermodal transfer of freight;
• An airport;
3407
uuuN a uuuN uuu� uuuuii
Ilu
l
IIIIIIIII IIIIIII IIIIIII �����
CYBERSECURITY LEGISLATION FAILS state agencies to conduct comprehensive risk assessments on
HB 1511/SB 1708- Cybersecurity by Rep. Giallombardo an annual basis instead of once every three years. Ultimately,
and Sen. DiCeglie failed this session. Both HB 1511 and SB the provisions were later considered in the budget conference
1708 were heard in only one committee stop. Among many but failed to be included as a budget conforming bill.
revisions, the bill modifies state agency and local government
incident reporting requirements timeframe for notification SIDE-BY-SIDE VEHICLE
from 48 hours to 4 hours for cyber incidents and reduces LEGISLATION FAILS
timeframe for notification from 12 hours to 2 hours for
ransomware. SB 578/HB 1371- Side-by-side Vehicles by Rep. McClain
and Sen. Grall failed this session and neither was heard in
• A county or municipality that substantially complies with any committees. This legislation authorizes the operation of
s. 282.3185 (training, standards, & incident notification) side-by-side vehicles under certain circumstances.The bill
shall gain a presumption against liability in connection prohibits individuals under a certain age from operating
with a cybersecurity incident. a side-by-side vehicle on a public road or street. The bill
• Failure of a county, municipality, or commercial entity authorizes local governments to enact certain ordinances
to substantially implement a cybersecurity program pertaining to side-by-side vehicles.The bill defines the terms
that is in compliance with this section is not evidence of
"side-by-side vehicle" and "UTV", etc." as a motor vehicle
negligence and does not constitute negligence per see. designed for operation off-road which has a minimum of two
Section does not: "establish a private cause of action. seats positioned side by side and which is operated by foot
• Additional presumption for private entities if certain controls and a steering wheel.
programs/standards adopted:
• Sole proprietorship, partnership, corporation, trust,
estate, cooperative, association, or other commercial
entity.
• Commercial entities must comply with industry
standards for cybersecurity compliance including the
payment card industry data security standard.
STATE CYBERSECURITY
OPERATIONS TRANSFER FAILS
The Senate Appropriations Committee considered a transfer
of the state's cybersecurity operations during the initial
budget deliberations.SB 2508 transfers the Cybersecurity
Operations Center(CSOC) and its associated duties,
responsibilities, contracts, unexpended balances of
appropriations, allocations, and positions from the Florida
Digital Service (FDS) within the Department of Management
Services (DMS)to the Florida Department of Law Enforcement
(FDLE)via a type two transfer.The FDS maintains primary
responsibility for establishing enterprise cybersecurity
policies and guidelines in consultation with the state chief
information security officer. The FDS is also tasked with
assessing and monitoring agency compliance with the
cybersecurity governance framework. In accordance with
the recommendations of the February 1, 2021, Florida
Cybersecurity Task Force Final Report, the bill also requires
38 3408 m
AGRICULTURE AND RURAL AFFAIRS- PASSED
RURAL DEVELOPMENT EFI are transferred by a type two transfer to the Department
PACKAGE PASSES of Commerce, which the bill creates by the renaming of the
Department of Economic Opportunity (DEO). Duties related
HB 1209- Economic Development by Rep. Shoaf(SB 1482 to international trade and development are transferred to a
by Sen. Simon) passed this session. HB 1209 passed new direct-support organization under the department. The
unanimously in both chambers.The bill specifies that an transition must be complete by December 1, 2023.The bill
agency agreement that provides state or federal financial appropriates $5 million to the new international trade direct
assistance to local government entities within a rural area of support organization; $5 million and 20 FTE to DEO; and
opportunity (RAO) must allow the agency to provide for $2 million to EFI to implement the transition.
the payment of invoices to the county or municipality for
verified and eligible performance that has been completed in The bill repeals the following obsolete or expired economic
accordance with the terms and conditions in the agreement. development incentive programs: Entertainment Industry
This provision is included to alleviate the financial hardships Tax Credit; Corporate income tax credits for spaceflight
that certain rural counties and municipalities encounter when projects; Qualified defense contractor and space flight
administering agreements, and must be exercised by the business tax refund program;Tax refund for qualified target
agency when a county or municipality demonstrates financial industry businesses; Economic Gardening Business Loan Pilot
hardship, to the extent that federal or state law, rule, or other Program; Economic Gardening Technical Assistance Pilot
regulation allows such payments. Program; Quick Action Closing Fund; Innovation Incentive
Program; Florida Small Business Technology Growth
Changes to the Rural Infrastructure Fund include: Program; New Markets Tax Credit; Microfinance Loan
• Allows DEO to award grants for up to 75 percent of Program; Quick Action Closing Fund; Golf Hall of Fame; and
the total infrastructure project cost, an increase from 50 International Game Fish Association World Center facility.
percent. Existing contracts authorized under programs remain in force;
• Allows DEO to award grants for up to 100 percent of new certifications or agreements may not be made.
the total infrastructure project cost for a project located
in a rural community or a rural area of opportunity, if the The bill also renames the Division of Strategic Business
county is also fiscally constrained. Development as the Division of Economic Development,
• Removes the requirement related to infrastructure feasibility and eliminates the Film Advisory Council.The bill requires the
studies and other infrastructure planning activities that Florida Sports Foundation (recreated in the bill) and VISIT
grants awarded be limited to 30 percent of the total Florida to contract with the department as direct-support
project cost. organizations of the department.
• Removes the currently permitted use of funds for improving
access, availability, and improvement of broadband
Internet service.
• Increase the maximum grant for infrastructure feasibility
studies, design and engineering activities, or other
infrastructure planning and preparation activities to
$300,000 for all projects and removes the limitation that
the grant does not exceed 30 percent of the total
project cost.
BILL ELIMINATING ENTERPRISE
FLORIDA PASSES
HB 5- Economic Programs by Rep. Esposito (SB 1664-
Economic Development by Sen. Hooper) passed this
session.The bill eliminates the Enterprise Florida, Inc. (EFI),
and provides that all duties, functions, records, existing
contracts, administrative authority, and unexpended balances
of appropriations and allocations relating to the programs in
3409
f�, /k7n 1�, fail, Il�lra /k4n
HEALTHY FOOD PROGRAM it provides shipping requirements and requires the department
LEGISLATION FAILS to reimburse food recovery entities for certain costs.
SB 292/HB 307- Healthy Food Financing Initiative Program FOOD INSECURE AUTHORIZATION
by Sen.Jones and Rep. Bartleman failed this session. SB 292
stalled in its last committee, Senate Fiscal Policy, while HB BILL FAILS
307 was never heard in any committee.This legislation would HB 727/SB 778-Food Insecure Areas by Rep. Rayner-Goolsby
revise the requirements for the administration of and participation and Sen. Rouson failed this session. Both bills were never
in the Healthy Food Financing Initiative program as well as heard. This legislation authorizes local government to
providing program eligibility requirements for nonprofit enact land development regulations to permit land use
organizations and revising eligibility requirements for community for small-footprint grocery stores located in food insecure
development financial institutions. It requires the Office of areas, and require mandatory reporting of information from
Program Policy Analysis and Government Accountability small-footprint grocery stores.
to review the program and collected data after a specified
timeframe and provide the Legislature with a specified report;
specifying that program funding is subject to and provided
from certain appropriations.
RURAL FINANCIAL ASSISTANCE
FAILS, HOWEVER PROVISIONS
PASS IN HB 1209
HB 413- Financial Assistance for Rural Communities by
Rep.Abbott and SB 1628- Financial Assistance for Rural
Areas of Opportunity by Sen. Simon failed this session,
however, there are certain provisions in the bill in HB 1209-
Economic Development by Rep. Shoaf.The bill requires that
an agency agreement to provide state or federal financial
assistance to a rural community or a rural area of opportunity,
include a provision that allows the agency to provide for the
payment of invoices to the county or municipality for verified
and eligible performance that has been completed in
accordance with the terms and conditions set forth in the
agreement
FOOD RECOVERY INCENTIVE
PROGRAM BILL FAILS
HB 399/SB 674- Food Recovery by Rep. Roth and Sen.
Harrell failed after gaining some traction in both chambers.
HB 399 stalled in its last committee, while SB 674 stalled in
its second committee. The bills would direct the Department
of Agriculture and Consumer Services, subject to legislative
appropriation, to implement a pilot program to provide
incentives to agricultural companies to sell fresh food products
to food recovery entities. It also authorizes food recovery
entities to negotiate the price for fresh food products and
reimburse agricultural companies for certain costs. Lastly,
40 3410 m
FINANCE/ TAX, ADMINISTRATION- PASSED
FLORIDA RETIREMENT SYSTEM at their current level until January 1, 2026.
PACKAGE PASSES DOES NOT • Provides additional guidelines for property owners to
receive a property tax refund following a catastrophic
INCLUDE COST OF LIVING event rendering their residence uninhabitable.
ADJUSTMENT • Appropriates $35 million to offset the reductions in local
property tax revenues from complying with s. 197.3181,
SB 7024 — Retirement by Appropriations passed in the House F.S., directing counties to issue prorated property tax
(113-0) and in the Senate (39-0).The bill makes several refunds to property owners whose homes were rendered
substantive changes to the Florida Retirement System (FRS) uninhabitable by Hurricane Ian or Nicole.
and provides the 2023-24 Contribution rates by class.The . A number of sales tax holidays of varying impacts to local
total County impact of SB 7024 will be $325 M, compared government revenues.
to an estimated $1.187B in HB 239, the House companion.
The $325 M impact includes: BASEBALL MINIMUM WAGE
• Impact of Normal Rate Adjustment LEGISLATION PASSES WITHOUT
• Impact of Unfunded Liability Adjustment LOCAL WAGE PREEMPTION
• Impact of Reduced Special Risk Retirement Date
• Impact of additional 2%Contribution for Investment Plan SB 892-State Minimum Wage by Sen. Martin (HB 917 by
Participants Rep. Yeager) passed this session, without the language that
• Impact of DROP eligibility extension from 60 to included a wage preemption in the House version (HB 917).
96 months The bill passed unanimously in the Senate and with a vote of
• Impact of Removal of Restrictive DROP Window (86-30) in the House.The bill amends s.448.110, F.S., the
• Impact of increased interest rate on DROP funds from Florida Minimum Wage Act (FMWA), to incorporate the
1.3%to 4% federal Fair Labor Standards Act(FLSA) "as amended."
• Increased Health Insurance Subsidy This will incorporate two exemptions from the FLSA's minimum
• Does not include the Cost of Living Adjustment of 3% `Wage requirements that became law after the Florida
(Was not included in final language) Legislature adopted the FMWA, and were therefore not
incorporated as part of the FMWA.This bill will exempt
ANNUAL TAX PACKAGE PASSES border patrol agents and salaried baseball players from
the Florida Minimum Wage Act.
ON FINAL DAY
HB 7063, the Ways and Means' committee's comprehensive Amendment language in HB 917 attempted to prohibit a
tax package, passed both chambers unanimously.The bill political subdivision from affecting the wages or employment
contains the following provisions pertaining to counties: benefits provided by its vendors, contractors,service providers,
• Limits county authority to levy special assessments on land or other party doing business with a political subdivision,
classified as agricultural, with the exception of bonded through evaluation factors, qualification of bidders, or award
assessment revenues.This prohibition does not apply to preferences on the basis of wages or employment benefits.
non-agricultural structures on the property. Local governments would not be able to consider wage
• Requires counties to go to referendum to impose additional or benefit standards within their procurement processes.
tourist development tax levies. It also extends statutory Ultimately, the Senate bill that passed maintained the bill's
authority to use a percentage of tourist development original intent to carve out minor league baseball players
revenues for public safety/law enforcement purposes to and border patrol agents from the state minimum wage and
all fiscally constrained counties. did not include this wage provision.The bill heads to the
• Increases the discrepancy thresholds for a property Governor's desk for final approval.
appraiser to challenge a value adjustment board (VAB)
decision in circuit court. BROAD ELECTION PACKAGE PASSES
• Requires that any referendum for specified taxes must SB 7050- Elections by Senate Ethics and Elections Committee
coincide with a general election, and may only take place (HB 7067 by House State Affairs) passed this session. SB
once within 48 months prior to reenactment/increase of 7050 passed (28-12) in the Senate and (76-34) in the House.
the tax. The 96-page bill makes changes to campaign finance
• "Freezes" local communications services tax (CST) rates deadlines, speeds up when local officials must scrub voter
3411
rolls for deceased and ineligible voters and increases fines Similar legislation, SB 1080/HB 7069 — Local Redistricting
on voter registration groups if they break the law.The bill also by Sen.Yarborough/House State Affairs failed this session.
revises required frequency for campaign finance reports from The bill had the following provisions relating to county
monthly to quarterly and preempts local governments from government:
enacting reporting schedules that differ from those provided • Prohibits county commission districts from being drawn
in statute. The broad election bill includes the provision that with the intent to favor or disfavor a candidate for county
repeals the exemption to Florida law requiring anyone seeking commission or an incumbent county commissioner based
office to resign from one they already hold after qualifying as on the candidate's or incumbent's residential address.
a candidate. Only an officeholder running for U.S. president • Replaces the term "possible" with the word "practicable"
or vice president would not have to resign. with regard to equalizing population.
BILL GOVERNING STATE AND LOCAL CLERKS OF COURT FUNDING
INVESTMENT CONDUCT AND RESTRUCTURE PASSES
PROCUREMENT SIGNED INTO LAW HB 977- Clerks of Court by Rep. Botana (SB 1130 by
HB 3- Government and Corporate Activism by Rep. Rommel Sen. Hutson) passed unanimously in both chambers this session.
(SB 302 by Sen. Grall) passed this session. On May 2, 2023, CS/HB 977 makes several changes to Florida law to close
the bill was approved by the Governor. the funding gap between the clerks' current revenues and
anticipated expenditures so that they can provide essential
The bill dictates that investment decisions, including written court-related functions.
policies and the exercise of shareholder rights, for any funds
invested by state or local governments must be driven solely Specifically, the bill redistributes funds from specific sources
by pecuniary factors, and may not sacrifice investment return that would otherwise be deposited into the General Revenue
to promote non-pecuniary factors. Social, political, and Fund and directs them to be deposited into the Fine and
ideological interests are expressly precluded from consideration. Forfeitures Trust Fund.These revenue sources include:
Likewise for public procurement, state and local governments . The$37.50 filing fee for a petition for dissolution of marriage;
are prohibited from considering social, political, or ideological . The General Revenue Fund's allotted share of various
beliefs when evaluating prospective vendors. probate proceeding filing fees;
• A portion of the General Revenue Fund's allotted share of
Additionally, the bill prohibits both the state Division of Bond the foreclosure filing fees for certain claims valued at over
Finance and specified public bond issuers from issuing an $50,000;
Environmental, Social, and Governance (ESG) bond, paying . The $10 summons surcharge.
for the services of another to verify or certify a public bond
as an ESG bond, or contracting with rating agencies that use The bill provides for the redirection of specified revenue from
ESG scores in a manner that directly impacts the issuer's bond the General Revenue Fund totaling approximately$25.6 million
ratings. The Attorney General is authorized to bring civil or annually over the next five years for deposit into specified trust
administrative actions to enforce provisions of the bill. funds for use by the clerks in performing court-related functions.
The bill heads to the Governor for final approval.
LOCAL REDISTRICTING RESIDENCY
BILL PASSES EIGHT YEAR SCHOOL BOARD TERM
HB 411/SB 444 Residency of Local Elected Officials by Rep. LIMITS PASSES
Steele/Sen. Ingoglia passed (87-25) and (29-7) respectively. HB 477- Term Limits for District School Board Members by
Rep. Rizo passed this session. HB 477 passed in the House
The bill prohibits changes to county commissioner district (79-29) and in the Senate (30-7). The bill revises district
boundaries 270 days before a regular general election. school board members' term limits from 12 to 8 years.
Additionally, the bill prohibits the consideration of the
residential addresses for incumbents and candidates during BUILDING PLANS SCHEMATICS
the district-drawing process for boards of county commissioners.
The provisions also apply to city commissioners and school OR BLUEPRINTS PUBLIC RECORD
board members. EXEMPTION PASSES
SB 7008 - OGSR/Building Plans, Blueprints, Schematic
Drawings, and Diagrams by the Governmental Oversight and
42 3412
Accountability (HB 7009 by Holcomb) passed unanimously PUBLIC ETHICS BILL AIMED AT SPECIAL
this session.
DISTRICT LEADERSHIP PASSES
SB 7008 saves from repeal the current public records HB 199 - Ethics Requirements for Officers and Employees of
exemption for building plans, blueprints, schematic drawings, Special Tax Districts by Rep. Daley (SB 620 by Sen. DiCeglie)
and diagrams, including draft, preliminary, and final formats, passed this session.
which depict the internal layout or structural elements of an
attractions and recreation facility, entertainment or resort The bill clarifies the exception for public officers or employees
complex, industrial complex, retail and service development, of a water control district or a special tax district created by
office development, health care facility, or hotel. general or special law that is limited specifically to constructing,
maintaining, managing, and financing improvements in the
PUBLIC ETHICS MEASURE PASSES land area over which the agency has jurisdiction, by specifying
that conduct that constitutes a misuse of public position or
SB 774— Ethics Requirements for Public Officials by violates the prohibition on disclosing information that is not
Sen. Brodeur (HB 37 by Rep. Roach) passed this session. otherwise available to the public for their own personal benefit
would be considered an impermissible conflict of interest.
The bill makes the following changes to ethics requirements
for public officials: The bill also requires four hours of annual ethics training for
elected local officers of independent special districts, provides
• Requires specified local officers to file a Form 6 financial requirements for such training, specifies training content, and
disclosure, beginning January 1, 2024, instead of the provides a schedule for when such training must be completed.
Form 1 they are currently required to file.
• Mayors FIRE INSPECTION DEREGULATION
• Elected members of the governing body of a
municipality MEASURE PASSES
• Members of the Commission on Ethics HB 327— Fire Sprinkler System Projects by Rep. Bell (SB 408
• Maintains and makes permanent requirements for e-filing by Sen. Perry) passed this session.
of financial disclosures as specified in the current year
implementing bill, by The bill allows for an expedited permitting process of fire
• Maintaining the requirement that Form 6 filers submit sprinkler system projects,wherein a contractor would no longer
their financial disclosures via the Commission on Ethics need to submit plans or specifications in order to receive a
electronic filing system beginning January 1, 2023, permit for the project. Local estimates suggest up to 30%of
and requiring Form 1 filers to submit their disclosures plans are initially disapproved.The bill also requires such
electronically beginning January 1, 2024. contractors to maintain a copy of plans and specifications
• Allowing filers to submit federal tax returns for purposes at the worksite, similar to the requirements for alarm system
of showing income. projects.
• Allows the Commission on Ethics to dismiss complaints or
investigations for certain minor infractions. PRE-TRIAL INTERVENTION
• Increases the maximum civil penalty for violations of the
Code of Ethics to $20,000 from $10,000. EXPANSION PASSES
• Adds commissioners of a community redevelopment SB 508 — Problem Solving Courts by Sen. Rouson (HB 1227
agency to the list of officers exempt from having to by Rep. Maney) passed this session.
complete ethics training in the year they begin their term,
if the term begins after March 31. The bill revises three statutes that govern admission to, and
• Clarifies that a candidate may submit a verification or participation in, the state's"problem-solving courts."The
receipt of a previous financial disclosure filing to the problem-solving courts are pre-trial intervention court programs
qualifying officer in lieu of the full financial disclosure. that afford a defendant the opportunity to participate in getting
• Permits the Commission a narrow rulemaking exemption the help he or she needs and avoid a criminal conviction.
for the bill's implementation. This bill expands eligibility for pretrial intervention programs,
creates consistency within the criteria of the programs, and
revises data reporting requirements for the programs.
3413
NEW LIBRARY GRANT OPPORTUNITIES • Modifies requirements to record instruments affecting
real property.
NOW ON THE BOOKS
• Creates the Title Fraud Prevention Through Identity
SB 726 — Library Cooperative Grants by Sen. Rodriguez Verification Pilot Program, in which the Lee County,
(HB 643 by Rep. Porras) passed this session. Florida,clerk may require the production of a government-
Current law authorizes that the administrative unit of a library issued photographic identification card in connection
cooperative may receive a grant of up to $400,000 from with the filing of a deed or other qualifying instrument in
the state for the purpose of sharing library resources.The bill specified circumstances.
removes this cap.
PUBLIC UNION REFORM SIGNED
PUBLIC EMPLOYMENT STANDARDS BY GOVERNOR
MEASURE PASSES SB 256 - Employee Organizations Representing Public
SB 1310- Substitution of Work Experience for Postsecondary Employees by Sen. Ingoglia (HB 1445 by Rep. Black) passed
Education Requirements by Sen. DiCeglie (HB 1109 by this session, and was promptly signed into law by the Governor.
Rep. Barnaby) passed during the final week. The bill formally establishes Florida as a Right-to-Work state
and enacts several new requirements of the employee
The bill requires public employers(state agencies and branches, organizations that represent public employees in collective
state universities and public colleges, counties, cities, special bargaining. Specifically, the bill:
districts, school boards, and all other governmental entities) to Requires employees eligible for union representation to
prioritize direct work experience over postsecondary education sign a membership authorization form in order to be a
in their hiring considerations. Postsecondary education may member of an employee organization beginning July 1,2023.
be considered in hiring decisions only (a) as an alternative for Permits members to revoke their membership to an employee
direct work experience or (b) if the position requires advanced union at any time through written request.
accreditation or licensure that is available only to a person Prohibits a union employer from requiring an employer to
holding a specific postsecondary degree.The bill grants deduct dues and assessments from a public employee's salary.
authority to the Department of Management Services to Requires an employee organization, at the time of its
enforce the new requirements either(a) through appeals by renewal of registration, to submit information regarding
applicants who allege the lack of a postsecondary degree is its membership and whether employees eligible for
the sole basis for the applicant not being hired by the public representation pay dues to the employee organization.
employer or(b) notices from any person that a job posting for If this information shows that less than 60 percent of the
a public sector job required a postsecondary degree without employees eligible for representation paid dues to the
including information justifying the requirement for the degree. employee organization certified as the bargaining agent
during its last registration period,the employee organization
LEGISLATURE APPROVES TITLE must petition PERC for recertification as the bargaining
FRAUD PROTECTIONS agent.This section does not apply to a bargaining agent
HB 1419— Real Property Fraud by Rep. Robinson (SB 1436 representing law enforcement officers, correctional
officers, probation officers, or firefighters
by Sen.Bradley)passed unanimously in both chambers this session. Authorizes the Public Employee Relations Commission
The bill: to initiate an investigation to confirm the validity of the
• Requires the clerks of the circuit court to create, maintain,
information submitted in the registration or renewal of
and operate a free recording notification service on or registration.This section does not apply to a bargaining
before July 1, 2024, to provide property owners who agent representing law enforcement officers, correctional
register for the service with early notice that a land record, officers, probation officers, or firefighters
such as a deed, has been filed on their property. Prohibits an employee organization from:
• Prescribes the form for a quitclaim deed. • Offering anything of value to a public officer which the
• Modifies Florida law relating to quiet title actions to public officer is prohibited from accepting.
expressly state that a quiet title action may be based on . Offering any compensation, payment, or thing of value
a title fraud allegation; require the clerks to provide a to a public officer which the public officer is prohibited
simplified form for the filing of such action; entitle a from accepting.
petitioner bringing such action to expedited summary
procedure timeframes; and require a court hearing such
action to quiet title in and award a prevailing plaintiff
with the same title and rights to the land that the plaintiff
enjoyed before the title fraud.
44 3414 m
• Waives the following requirements for mass transit em- • The prohibition on dues and assessment deductions
ployees should the Department of Labor determine that provided in s. 447.303(1).
the requirements of 49 U.S.C. s. 5333(b) are not met and • The requirement to petition the commission for recertification.
would jeopardize the eligibility to receive Federal Transit • The revocation of certification provided in
Administration funding: pNN� s. 447.305(6) and (7).
I)uNIN�!
uuu uuuN � � i uuu� uuuN�m u
d
.III
t
I
SOVEREIGN IMMUNITY in its initial exemption year. In subsequent years, the assessed
LEGISLATION FAILS value on their property tax bill is then "capped" by the lesser
of 3%or CPI growth. This bill would lower the cap further, to
HB 401/SB 604- Sovereign Immunity by Rep. Beltran/ the lesser of 2%or the change in the CPI. In years of higher
Sen. Gruters failed this session. HB 401 was temporarily CPI growth,where the assessment is bound by the statutory
postponed in its second committee, House Appropriations limit, the reduction from 3%to 2%would result in lost revenues
and never heard again,while SB 604 was not heard in any for local governments. The Revenue Estimating Conference
committees.The House bill, HB 401, waives sovereign im- determined the impact to be negative indeterminate, though
munity for tort claims brought against the state, its agencies, they acknowledged that the impact could be significant in
or subdivisions, by increasing the per person limit amount years where the proposed cap is binding.
from $200,000 to $2.5 million and increasing the current
per incident limit of$300,000 to $5 million. Additionally, DIAPER TAX EXEMPTION PASSES
the bill eliminates the statute of limitations for filing sexual
battery actions against the state,its agencies or subdivisions, if IN TAX PACKAGE
the victim was younger than age 16 at the time of the sexual HB 29 — Tax Exemptions for Diapers and Incontinence Products
battery. However, the bill does not resuscitate any such claim by Rep. Eskamani (SB 114 by Sen. Book) did not pass as a
which would have been time-barred as of July 1, 2010.The standalone bill this session. However, the bill's main provision
bill applies to claims accruing on or after October 1, 2024. was included within the Legislature's tax package, HB 7063.
The Senate bill, SB 604,waives sovereign immunity for tort
claims brought against the state, its agencies, or subdivisions, The language exempts diapers and other incontinence
by increasing the per person limit amount from $200,000 products from sales tax.
to $400,000 and increasing the current per incident limit of
$300,000 to $600,000.The bill authorizes the Department BILL IMPACTING LOCAL
of Financial Services to annually adjust the cap beginning
July 1, 2024, to reflect the changes in the Consumer Price EMPLOYMENT CONTRACTS FAILS
Index for the Southeast or a successor index as calculated SB 696- Local Officials by Sen. Ingoglia and HB 729- Local
by the U.S. Department of Labor. Officials' Employment Contracts by Rep. Holcomb failed this
session. SB 696 was temporarily postponed in its last stop,
SAVE OUR HOMES CAP Senate Rules and HB 729 was never heard in any committees.
The bill provides that certain local government employee
REVISION FAILS contracts shall not be renewed or extended within 8 months
SB 120/122- Homestead Assessments/Revised Limitation of a November general election for members of the applicable
on Increases of Homestead Property Tax Assessments by governing body.The bill provides an exemption if an employee
Sen.Avila and HB 469/471 Rep. Fernandez- Barquin failed produces a competing offer from another governmental entity.
this session.The Senate bills stalled in the second committee, This bill applies to:
Senate Finance and Tax, and the House bills stalled in House • County administrators;
Local Administration, Federal Affairs, & Special Districts • County general counsels;
Subcommittee. • Municipal chief executive officers;
• Municipal general counsels;
The bills place a Constitutional amendment on the ballot • School superintendents; and
reducing the state's Save Our Homes assessment cap. Under • School board general counsels.
current law, a homestead property is assessed for just value
3415
PUBLIC RECORDS EXEMPTION FOR BILL ESTABLISHING ELECTRIC
COUNTY ATTORNEYS FAILED VEHICLE REGISTRATION FEES FAILS
SB 216/HB 525- Public Records/Current and Former County SB 1070- License Taxes by Sen. Hooper failed this session,
and City Attorneys by Sen. Burgess and Rep. Arrington failed after passing unanimously on the Senate floor but was never
this session. SB 216 passed unanimously on the Senate floor, considered in the House.There was no House companion
but HB 525 stalled in its second committee, House Ethics, bill.The bill imposes an additional annual registration fee on
Elections & Open Government Subcommittee and was never electric vehicles and plug-in hybrid vehicles.
taken in House messages.The bill creates a public records
exemption for the personal information of current county attorneys, The bill removes "an electric vehicle"from current law providing
deputy county attorneys, assistant county attorneys, city that the license tax for such is the same as that prescribed in
attorneys, deputy city attorneys, and assistant city attorneys. s. 320.08, F.S., for a vehicle that is not electrically powered,
Personal information relating to their spouses and children is leaving that provision applicable only to a low-speed vehicle.
exempt.The specific personal information made exempt Instead, the bill imposes the following annual license taxes:
from public records disclosure requirements includes:
• Home addresses, telephone numbers, places of • For electric vehicles, in addition to the license tax
employment, and dates of birth; prescribed in s. 320.08, F.S.,29 an annual license tax of
• Names, home addresses, telephone numbers, places $200, increasing to $250 beginning January 1, 2028.
of employment, and dates of birth of the spouses and • For plug-in hybrid electric vehicles, in addition to the
children; and license tax prescribed in s. 320.08, F.S., an annual license
• Names and locations of schools and day care facilities tax of$50, increasing to $100 on January 1, 2028.
attended by the children.
This represents an effort to replace lost revenue from local fuel
The exemption, however, does not apply to a current county taxes with more non-fuel vehicles on the road. The Revenue
attorney, deputy county attorney, or an assistant county Estimating Conference forecast local government revenues
attorney who qualifies as a candidate for election to public to increase by $9.2 million in fiscal year 2023-2024 and by
office. A statement of public necessity is included in the bill $20.9 million recurring if signed into law.
as required by the State Constitution.
BILL REDUCING STATUTE OF
AD VALOREM REVISION ON LIMITATIONS FAILS
TIMESHARES FAILS HB 7059 - Timeframes for Bringing Certain Actions by
HB 451/SB 1450-Valuation of Timeshare Units by Rep. Fine Rep. Gregory failed this session. HB 7059 passed with a
and Sen. Gruters failed this session. HB 451 failed to be heard vote of(80-29) but got stuck in Senate messages. HB 7059
on the House floor, while SB 1450 stalled in its second amends s. 768.28, F.S., to reduce the statute of limitations from
committee, Senate Finance and Tax. four years to two years for a negligence claim against the
state or an agency or subdivision of the state. The bill also
The bill revises the methodology for valuing timeshare units reduces the presuit notice period from three years to 18
for the purposes of ad valorem taxation. Current law directs months for such claims. The bill decreases from six months to
a property appraiser to look to the resale market to determine four months the amount of time a government entity has to
the valuation of a property. If the Property Appraiser determines make a final disposition of a claim during the pre-suit process
there are an insufficient number of resales, they may use the within s. 768.28(6), F.S., after which time the plaintiff may
original sale price, minus the administrative costs of the sale. bring a lawsuit.There was no Senate companion.
Under this bill, the property appraiser would be directed to
defer to the property owner as to the methodology for valuation— SURVIVING SPOUSE TAX EXEMPTION
whether the resale market or the original purchase price. It STALLS LATE PASSES I N TAX PACKAGE
is important to note that valuations from the resale market i
range from 40-75% lower than those of the purchase price HB 101/SB 184 — Homestead Exemption for First Responders
valuation.This is likely due to the number of"distressed sales" by Rep.Woodson/Sen. Polsky stalled out in Senate Messages
arising from timeshare properties—as property owners seek after passing the House.
to get out of often rigid timeshare contracts.The Revenue
Estimating Conference forecasted a $208 million impact to The bill revises an existing homestead exemption for the
local government revenues for FY2023-24. surviving spouses of first responders who died in the line of
duty. Currently, the spouse of a late first responder may
receive a full homestead exemption assuming they were
46 3416
permanent Florida residents as of January 1 of the year in October 2, 2028, unless it is reenacted by the Legislature
which thevet first responder died in the line of duty. Eligible under the Open Government Sunset Review Act.
first responder groups include law enforcement officers,
correctional officers, firefighters, paramedics, or EMT's. ENTERTAINMENT TAX INCENTIVE
This bill would expand the eligibility to include federal law
enforcement officers as well.The Revenue Estimating MEASURE GOES UNHEARD
Conference projected an insignificant impact on local HB 251/SB 476 — Entertainment Industry Tax Credit Program
revenues, noting the rarity of such an event. by Rep.Trabulsy/Sen. Gruters were not heard in any
committees of reference this session.
PRIVATE INVESTIGATOR TAX The bill would create the Florida First Production Partnership
Program within DEO, as well as provide tax credit award for
EXEMPTION FAILS, PASSES IN entertainment industry projects in the state.
TAX PACKAGE
SB 116/HB 205 — Taxation of Investigative Services by TDT REVISION FAILS TO BE HEARD;
Sen. Rodriguez/Rep.Gossett-Seidman failed to pass despite INCLUDED WITHIN FINAL TAX
moving through several committees on the Senate side.
PACKAGE
The bill exempts from the sales and use tax private investigation HB 309/SB 640— Tourist Development Taxes by Rep. Shoaf/
services provided by a small private investigative agency.The Sen. Simon failed to be heard in any committees of reference
bill defines the term "small private investigative agency" as a this session. However, the bill's main provision was included in
licensed private investigator that employs three or fewer full- the tax package, HB 7063.
time or part-time employees and, during the previous calendar
year, performed private investigation services in which the The language extends statutory authority to use up to 10%
charges for the services performed were less than $150,000. of tourist development revenues for public safety/law
enforcement purposes to all fiscally constrained counties.
SENIOR HOMESTEAD EXEMPTION The bill clarifies that such reimbursement may not be used to
supplant normal operating expenses of local law enforcement
FALLS SHORT agencies.
SB 126/HB 159 - Homestead Tax Exemption for Certain
Senior, Low-income, Long-term Residents by Sen.Avila/ CIVIL CLAIMS LIMIT GOES UNHEARD
Rep. Borrero fell short of passing this session. The House bill HB 315/SB 738 — Civil Remedies for Unlawful Employment
passed its chamber but stalled out in Senate messages. Practices by Rep. Andrade/Sen. Brodeur was not heard by
The bill proposes an amendment to the Florida Constitution any committees of reference.The bill provides limits (at least
to raise the eligible real estate value for the optional full $50,000 but may not exceed $1 million) on a judgment for
homestead exemption on long-term, low-income seniors from punitive and compensatory damages for certain claims.
Authorizes an aggrieved party to bring a civil action for
$250,000 to $300,000. If adopted by the Legislature, the certain claims within a specified timeframe, regardless of
proposed amendment will be submitted to Florida's electors for the determination made by the Florida Commission on
approval or rejection at the next general election in November Human Relations.
2024. If approved by at least 60 percent of the electors, the
proposed amendment will take effect on January 1, 2025.
TINY HOMES LEGISLATION FAILS
PET ADOPTION PUBLIC RECORDS HB 321/SB 1404 — Movable Tiny Homes by Rep. Stevenson/
Sen.Trumbull failed this session.The House version passed the
EXEMPTION FAILS Transportation and Modals subcommittee, before stalling out.
HB 157/SB 518 - Pub. Rec./Animal Foster or Adoption by The Senate version was never heard.
Rep. Holcomb/Sen. DiCeglie failed this session. The Senate
bill was heard in two committees of reference before stalling. The bill amends the statutory definition of the term "park
trailer"to incorporate the permanent nature of some movable
The bill provides an exemption from public records requirements tiny homes by allowing park trailers to be used as permanent
for personal identifying information of those who adopt or foster living quarters if specified building conditions are met.The bill
from an animal shelter or animal control agency operated by provides minimum construction standards for these park
a local government.The bill provides a statement of public trailers including standards for insulation, doors and windows,
necessity. The public records exemption stands repealed on electrical systems, and wall framing.The bill also requires that
3417
each movable tiny home have a sticker or other documentation would reset a property's assessment to just value;
certifying that it was inspected by a licensed engineer or by • Increases the types of appeals a Value Adjustment Board
a qualified inspector for compliance with the required may hear; and
construction standards.
AUTOMOBILE SALES TAX • Raises the threshold for a property appraiser to challenge
a decision of the Value Adjustment Board in circuit court.
REVISION STALLS This language was ultimately attached to the tax package.
SB 396/HB 1093 — Sales Tax on Motor Vehicle Leases and
Rentals by Sen. Rodriguez/Rep. Caruso could not get across NATURAL GAS FUEL TAX DELAY FAILS
the finish line this session.The House version was heard in one SB 322/HB 529 — Natural Gas Fuel Taxes by Sen. Gruters/
committee before dying.
Rep. Mooney failed this session.The Senate bill passed two
The bill allows motor vehicle leasing companies to pay sales committees of reference, while its House counterpart passed
tax on the original purchase of vehicles, in lieu of collecting its first committee.
sales tax on rental or lease payments when the vehicle is later
subject to a long-term lease or rental agreement when the The bill delays the imposition of Florida's natural gas fuel tax
renter or lessee will use the motor vehicle in their trade from January 1, 2024, to January 1, 2026, and conforms
related statutory provisions.
or business.
PUBLIC TRANSPARENCY MEASURE ELECTRONIC TRANSACTION
GOES UNHEARD INTERCHANGE FEES FAILS
HB 397— Public Meetings by Rep.Tuck was not heard SB 564/HB 677— Interchange Fees on Taxes by Sen. Hutson/
this session. Rep. Caruso failed after making it through its respective
committees in each chamber.
The bill provides that certain public entities may meet in The bill creates, effective October 1, 2024, s. 501.0119,
private with their attorneys to discuss claims concerning
F.S.,which prohibits an issuer, a payment card network, an
private property rights;the bill specifies what may be
discussed during such meetings and requires all meetings acquirer bank, or a processor from charging an interchange
fee on any tax that is separately itemized on a sales invoice,
to be transcribed. Meeting transcripts must be made public
sales slip, or other evidence of sale in any electronic payment
record within a specified timeframe.
transaction if the merchant informs a specified entity of such
tax amount as part of the authorization or settlement process
PROPERTY TAX REFORM FAILS for such transaction.The merchant must transmit the tax
SB 474/HB 1131 — Property Tax Administration Sen. Garcia/ amount data as part of the authorization or settlement process
Rep. Fernandez-Barquin failed to pass this session after some to avoid being charged interchange fees on the tax amount.
early movement in both chambers. The House version passed Section 501.0119, F.S., does not create liability for a payment
each of its committees of reference but was never heard on card network regarding the accuracy of the tax data reported
the floor. by the merchant.
The bill makes various changes to the process of determining BEREAVED PARENT PROTECTIONS
assessments of property for the purpose of collecting ad valorem
taxes. The bill: GO UNHEARD
• Amends the timeline for a property appraiser to appeal a SB 576/HB 663 — Employment Protections by Sen. Book/
decision of the Value Adjustment Board; Rep. Cassel was not heard in any of its referenced committees.
• Provides that a property owner may not be assessed The bill prescribes parental leave protections for parents
back taxes, penalty, or interest in the event of an whose birth of a child resulted in a stillbirth.
improperly granted homestead exemption. Further, a
property appraiser's error which grants an improper The bill also prohibits a public employer or an employment
homestead exemption will also not result in back taxes, agency from engaging in certain activities relating to wages
penalty, or interest. and salary.
• Reduces the amount a property owner may owe when
assessment errors occur;
• Excludes an additional type of change in ownership that
48 3418 m
DROP EXPANSION DOES NOT expanded scope of the program, and introduces definitions
PASS; INCLUDED IN RETIREMENT used to clarify the language of the statute.
PACKAGE A late amended version of the bill struck all accountability
HB 613/SB 1034 - Deferred Retirement Option Program for and expansion provisions to provide clarity that a separate
Correctional Officers by Rep. Garcia/Sen. Rodriguez did not legal entity created by interlocal agreement has jurisdiction
pass as a standalone bill this session.The Florida Retirement only within the boundaries of the members participating in the
System legislation, SB 7024, included a similar provision interlocal agreement. That is, an entity created in one county
expanding DROP eligibility. by an interlocal agreement does not have authority to act in
any other area but that one county.
The bill allows a correctional officer participating in the Florida
Retirement System Pension Plan to extend participation in BILL CODIFYING HOMESTEAD
the Deferred Retirement Optional Program (DROP) up to 36 TRANSFER FOR VETERANS FIRST
months beyond the general 60-month limitation.To be eligible
to extend for the additional 36 months, the correctional officer RESPONDERS STALLS, PASSES IN
must in be the DROP on or afterJuly 1, 2023, and before TAX PACKAGE
June 30, 2028.
SB 672/HB 717— Property Tax Exemptions by Sen. Avila/
Rep.Amesty failed after significant movement.The House
VETERAN'S EMPLOYMENT version ultimately stalled in Senate Messages.
INCENTIVES FAILS
SB 632/HB 687— Veterans'Preference in Promotion by The bill clarifies that veterans, first responders, and surviving
Sen. Powell/Rep. Daniels was not heard in any committees spouses receiving homestead exemptions related to disability
this session. or death sustained in the line of duty who purchase a new
homestead property are entitled to transfer and retain the
The bill requires the state and any political subdivisions to give amount of the exemption. The bill also similarly clarifies that,
preference in promotion to eligible veterans and requires the upon establishing a new homestead, a person who applies
Department of Veterans'Affairs to adopt certain rules to ensure for and receives such an exemption is entitled to receive a
veterans are given special consideration in the promotion refund for the taxes paid on the homestead property in the
process. The bill also provides for an investigation and year of acquisition. The bill does not substantively change
administrative hearing of a complaint regarding not being the procedure for applying for or being granted such an
awarded a promotion according to veterans' promotion exemption or refund.
preference.
SALES TAX EXEMPTION FOR
PACE PROGRAM ACCOUNTABILITY SECURITY SERVICES NOT HEARD
AND EXPANSION FAILS HB 681/SB 686-Sales Tax Exemption for Certain Investigation
HB 669/SB 950 — Improvements to Real Property by and Security Services by Rep. Plasencia/Sen. Brodeur was
Rep. Fine/Sen. Rodriguez bounced back and forth between not heard in any committees of reference. The bill creates
the two chambers before ultimately stalling out in the final a sales tax exemption for certain investigation and security
week of session.The Senate version was temporarily services. It exempts charges for investigation and personal
postponed on the House floor and never heard again. background check services, security guards and patrol
services, and armored car services from sales tax.
The bill amends the "Property Assessed Clean Energy" or
"PACE" program,which allows property owners to make AIRCRAFT TAX REFORM FAILS
qualifying improvements to real property and finance the cost HB 695 — Determinations for Tax Exemptions by Rep. Hawkins
through annual non-ad valorem tax assessments. Qualifying was not heard in any of its committees of reference this session.
improvements are those that enhance energy efficiency,
renewable energy, wind resistance, and newly added by the The bill revises conditions under which eligible aircraft
bill wastewater treatment,flood and water damage mitigation, operations are deemed to serve a public purpose.The bill
and sustainable building improvements. The bill enhances also deletes a requirement for the property appraiser relating
certain protections for consumers entering into PACE contracts, to applications for an exemption for leasehold interests in
and oversight for contractors that install improvements.The bill government property.
updates the legislative intent of the PACE statute to reflect the
3419
LOCAL TAX REFERENDA BILL REVISING SALES TAX ON
LIMITATIONS FAIL, INCLUDED PRIVATE LABEL CREDIT CARD BAD
IN TAX PACKAGE DEBT FAILS
SB 698/HB 731 — Local Tax Referenda Requirements by HB 791 - Taxes on Purchases Made Through Private-label
Sen. Ingoglia/Rep.Temple failed. However, the bill's Credit Card Programs by Rep. Brackett failed this session.The
language was attached to the tax package, HB 7063. bill passed its first two committees of reference before stalling
The bills require that any referendum for specified taxes must out in House Commerce.
coincide with a general election, and may only take place
once within 48 months prior to reenactment of the tax. Currently, a dealer can take a credit or obtain a refund of up
The bill pertains to the following taxes: to 64.4 percent for the taxes remitted on the unpaid balance
• Tourist development tax: of a worthless or uncollectible private-label credit card
• Tourist impact tax: account.l "Private-label credit cards" are defined as a charge
• Local government discretionary sales surtax: card or credit card that carries, refers to, or is branded with
• Ninth-cent fuel tax: the name or logo of a dealer and can be used for purchases
• 1-5 cent local option fuel tax: from the dealer whose name or logo appears on the card or
• Children's Services Independent District millage. for purchases from the dealer's affiliates or franchises.
This potentially limits a county's capacity to raise revenue on a The bill removes the 64.4 percent limit on the maximum
timely basis. amount of tax that can be recovered on the unpaid balance
of a worthless or uncollectible private label credit card account.
AIRCRAFT SALES TAX LIMITATION FAILS VEHICLE-FOR-HIRE RECIPROCITY
HB 711 — Aircraft Taxes by Rep. Overdorf failed this session.
The bill was heard in its first committee of reference, House MEASURE FAILS
Ways and Means, but was not heard again. The bill limits the HB 807/SB 1700- License or Permit to Operate Vehicle for
total sales and use tax collected on the sale of any aircraft to Hire by Rep. Borrero/Sen. DiCeglie failed to get across the
$18,000 finish line.The bill passed each of its referenced House
committees but was not heard on the floor. The Senate bill
VETERANS' HOMESTEAD was not heard in committee.
REFORM STALLS The bill:
HB 747/SB 762 - Property Tax Exemption for Surviving Prohibits a county or municipality from requiring a person
Spouses of Veterans by Rep.Woodson/Sen.Wright stalled to obtain an additional license from such county or
after early movement on the Senate side.The bill passed its municipality when that person holds a valid, active license
first two Senate committees, but was not heard again. or permit to operate a vehicle for-hire in any other county
or municipality if the person:
The bill clarifies that if a veteran predeceases the issuance of a • Holds a valid, active license or permit to operate a
letter of total and permanent disability from the United States vehicle for-hire in the county or municipality in which
Department of Veterans Affairs, the veteran's surviving spouse the person permanently resides.
may produce the letter to the property appraiser to establish • Has not had a license or permit to operate a vehicle
eligibility for the homestead exemption for surviving spouses for hire suspended or revoked within the preceding 5
of permanently and totally disabled veterans. The bill does not years.
substantively alter the requirements or procedure for applying • Provides that public-use airports are exempted from the
for or receiving such an exemption. provisions of the bill.
• Provides that certain persons who hold a valid, active
license or permit to operate a vehicle-for-hire are ex-
empted from the provisions of the bill when such person
provides transportation of persons:
• While on stretchers or wheelchairs, or
• Whose handicap, illness, other incapacitation makes
it impractical to be transported by a regular common
carrier such as a bus, taxi, non-taxi, limousine, or other
vehicle-for-hire.
50 3420
PACE PROGRAM REGULATION CODE VIOLATION RECORDS
MEASURE FAILS EXEMPTION FAILS
SB 810/HB 1151 — Financing Improvements to Real SB 842 - Public Records/Reports of County or Municipal
Property by Sen. Gruters/Rep. Amesty stalled after Code Violations by Sen. Harrell was not heard at all
passing three House committees. this session.
The bill makes several changes to Florida's PACE law as it
relates to commercial real property. In particular, the bill: The bill provides an exemption from public records requirements
• Defines"commercial property;" for personal identifying and location information of persons
• Expands the types of improvements to commercial reporting a potential violation of a county or municipal code
property that are eligible for PACE financing; or ordinance; provides for retroactive application; provides for
• Modifies the requirements for commercial property future legislative review and repeal of the exemption.
owners to be eligible for PACE financing, including the
addition of a requirement for mortgage holder consent;
• Provides that a PACE financing agreement on commercial NATURAL GAS MACHINERY TAX
property may be executed before a certificate of EXEMPTION STALLS, PASSES IN
occupancy or similar evidence of substantial completion TAX PACKAGE
of new construction or improvement is issued;
• Authorizes progress payments, or payments made before SB 844/HB 867- Sales Tax Exemption for Renewable
completion, for commercial property; Natural Gas Machinery and Equipment by Sen. Yarborough/
• Limits fees imposed on PACE assessments on commercial Rep. Griffitts failed this session. The Senate bill passed its first
property; and two committees of reference, but was not heard in Senate
• Authorizes the use of PACE financing on government Appropriations.
property leased for commercial uses.
The bill exempts from the sales and use tax machinery and
HOMESTEAD EXEMPTION FOR equipment used at a fixed location for the production, storage,
transportation, compression, or blending of renewable natural
DISABLED PERSONS DOES NOT PASS gas.The bill provides that purchasers of machinery and
SB 820- Homestead Tax Exemption for Totally and equipment qualifying for the exemption must furnish the
Permanently Disabled Persons by Sen. Rodriguez was not vendor with an affidavit stating that the item to be exempted
heard in any of its committees of reference this session.The bill will be used for purposes specified in the exemption, unless
provides eligibility for the exemption to totally and permanently the purchaser has self-accrual authority.The bill incorporates
disabled persons with intellectual disabilities and removes a existing penalties for submitting a fraudulent claim for exemption.
condition that totally and permanently disabled persons must
use a wheelchair for mobility or be legally blind to qualify for LOCAL INFRASTRUCTURE TAX
the exemption. The bill provides that an applicant for the MEASURE GOES UNHEARD
exemption may apply before receiving necessary documentation
from the Social Security Administration. SB 882/HB 885 — Local Government Infrastructure Surtax
by Sen. Brodeur/Rep. Plasencia was not heard this session.
BILL LIMITING LAND ACQUISITION The bill prov may be edf ides that revenue f surtaxrom a local infrastructure for an eofloccal infrastructure, as
BY A FOREIGN NATION GOES associated operating expenses.
UNHEARD
HB 835/SB 924 - Purchase or Acquisition of Real Property PUBLIC DEPOSIT EXPANSION FAILS
and Strategic Assets by People's Republic of China by Rep. HB 987/SB 1360 — Public Deposits by Rep. Botana/Sen.
Waldron/Sen. Berman was not heard in any of its committees Ingoglia failed after passing its referenced House committees.
of reference.The bill prohibits People's Republic of China from The bill was ultimately not heard on the House floor. Under
purchasing or acquiring real property &strategic assets in the current law, state and local governments are required to
state. Similar legislation, SB 264 passed the legislature and deposit public funds in a qualified public depository(QPD)
now heads to the Governor for final approval. pursuant to the Florida Security for Public Deposits Act, ch.
280, F.S.
The bill:
3421
• Allows state-chartered and federally-chartered COMMUNICATIONS SERVICES TAX
credit unions to become QPDs and custodians for another QPD's pledged collateral; GUIDELINES FAIL ONE SECTION
• Provides criteria a credit union must meet before the CFO INCLUDED IN TAX PACKAGE
can designate the credit union as a QPD; HB 1153/SB 1432 — Communications Services Tax by Rep.
• Creates separate mutual responsibility and contingent Steele/Sen.Trumbull failed this session. The Senate version
liability provisions for credit union QPDs to prevent banks was heard in one committee before stalling in Senate
from sharing liability with credit unions in the event of a Community Affairs.
credit union QPD's default or insolvency, and vice versa;
and The bill prescribes the following revisions to communication
• Requires the CFO to segregate and separately account services tax statute:
for any collateral proceeds, assessments, or administrative . Decreases the state tax rate on the retail sale of
penalties attributable to a credit union from those attributable communications services, including that of direct-to-home
to any banks, savings bank, or savings association. satellite service;
• Specifies that the local discretionary communications
CHILDCARE PROGRAM STALLS services tax, authorized under s. 212.19, F.S., may not
SB 990/HB 1021 — Child Care and Early Learning Providers be increased until January 1, 2026. This language was
by Sen. Grall/Rep. McFarland failed this session. The bill ultimately added to the tax package, HB 7063.
passed its first two committees of reference but was not heard • Specifies that the local discretionary communications
again.The bill provides programmatic and financial supports services tax under s. 212.19, F.S., shall replace other
for child care facilities and early learning providers. Specifically revenue sources for counties and municipalities and
the bill: includes specified taxes, charges, fees, and other
• Modifies requirements for Voluntary Prekindergarten impositions to the extent that the respective local
(VPK)classroom instructors, program and child assessments, taxing jurisdictions were authorized to impose those taxes,
and implementation of the accountability measures for charges, fees and other impositions before July 1, 2000,
VPK programs. and after January 1, 2023; and
• Establishes a program to deliver intensive reading Specifies that any increases to discretionary sales tax,
interventions to VPK students with substantial deficiencies levied pursuant to s. 212.055, F.S., may not be added to
in early literacy. the local communications services tax under s. 202.19,
• Modifies requirements for obtaining and maintaining the F.S., before January 1, 2026
Gold Seal Quality Care designation.
• Directs early learning coalitions to support the Teacher ELECTION REFORM MEASURE FAILS
Education and Compensation Helps(T.E.A.C.H.) Scholarship SB 1206/HB 1469 — Elections by Sen.Thompson/
Program by assisting with co-pays for providers. Rep.Joseph was not heard this session. The bill would
• Modifies requirements related to licensing of child care require that the Florida Secretary of State be elected rather
facilities by the Department of Children and Families. than appointed.The bill also makes a number of changes to
• Provides an exemption from licensing for child care facilities voter registration guidelines.
owned by certain corporations.
• Clarifies cancelation and coverage from residential LIMITED ENGLISH PROFICIENCY
property insurance for large family child care homes.
VOTER ASSISTANCE MEASURE
TAX CERTIFICATE REFORM FAILS TO NOT HEARD
BE HEARD HB 1249/SB 1560 - Limited English-proficient Voter
SB 1132/HB 1369 — Tax Certificate Sales by Sen. Gruters/ Assistance by Rep. Lopez/Sen. Torres was not heard in any
Rep. Anderson fails to be heard this session.The bill provides committees of reference.The bill requires supervisor of
that any person may register to bid and participate in tax elections or political subdivision that administers election
certificate sales and prohibits tax collectors from prohibiting a to provide language-related assistance to limited English-
person's registration or bidding for specified reasons. proficient voter; requires supervisor or political subdivision
to provide election materials in covered language; requires
supervisor to operate &provide public notice of language
assistance hotline; requires governmental entity responsible for
redistricting to provide translation services; authorizes limited
52 3422
English-proficient voter to bring actions against supervisor or
political subdivision for non-compliance with this act.
ELECTRONIC PAYMENT
LEGISLATION FAILS
SB 1264 — Electronic Payment of Public Records Fees by Sen.
Rouson was not heard this session.The bill requires an agency
subject to ch. 119, F.S., to provide an electronic option for
payment of fees associated with a public records request.
ADDITIONAL VACATION RENTAL
GUIDELINES FAIL
HB 1399/SB 1422 — Public Lodging and Public Food Service
Establishments by Rep. Cassel/Sen. Pizzo was not heard in
any committees of reference this session.The bill requires an
applicant for a vacation rental license to provide Division of
Hotels& Restaurants of DBPR with certain information; revises
penalties for operator who fails, neglects, or refuses to obtain
license or pay required license fee.
GOVERNMENT RECORDS
LEGISLATION FAILS
SB 1516/HB 1527—Accessibility of Government Records by
Sen. Pizzo/Rep.Joseph failed to be heard in any committees
of reference.The bill requires governmental entities to make
requested records available to members of the Legislature,
the Attorney General, the Chief Financial Officer, or the
Commissioner of Agriculture, respectively, upon request.
LEGISLATURE DOES NOT CONSIDER
BUILDING CODE FEE REFORM
HB 1535/SB 1682 - Fees for Enforcement of Florida Building
Code by Rep. Rizo/Sen. Rodriguez was not heard in any of
its committees of reference.The bill authorizes local governments
to carry forward certain percentage of unexpended funds
from building code inspections; provides that such funds may
be used for purposes other than construction of buildings
or structures.
3423
SFY 2023-24 GENERAL APPROPRIATIONS ACT
On May 5th, 2023, the Florida House of Representatives The House and Senate's budget for State Fiscal Year
and the Florida Senate agreed to the budget for the State 2023-2024 totals approximately $117 billion, and
Fiscal Year(SFY) 2023-2024.The budget is the culmination represents a 4.42% increase from the previous SFY 2023
of many rounds of budget negotiations throughout the General Appropriations Act.The chart below summarizes a
legislative session.The Florida Legislature is constitutionally comparison of this year's SFY 2024 budget and the budget
required to pass a state budget, officially titled the General approved from SFY 2023.
Appropriations Act, or SB 2500, during the annual regular
session.The Legislature completed the budget on time and
early, passing SB 2500 and adorning Sine Dine at 11:01 A.M.
II
p111111111 I 1J !JJ111111 1 � � Ni �,.,�� ry y� �° ui ,
$2,817,456,263 $3,156,143,737 $338,637,474 12.02% 2.70%
J��!!l�����l�llllfl����� ll�����������������'✓!!l�{��y��� � $26,450,922,960 $27,148,331,524 $697,408,564 2.64% 23.20%
11�11111J11�11JJJ11J1JJp111JJJJJJJI�111�111Y11111JJJJJJJJJJJJ!lIIIIIIIIIIIIII
��II�Y+h��ffVIIJJ1111�1rr�I���U�IU%Jj)'IIIIII�'I� $48,909,546,871 $47,260,202,276 $(1,649,344,595) —3.37% 40.38%
lioi@iio�ollhi�uh@@Viufi@(udtuiiYfo�i000iliu
$6,257,148,587 $6,007,616,760 $(249,531,827) —3.99% 5.13%
� J�J) jell III 01f), r , $19,367,675,516 $22,669,753,979 $3,302,078,463 17.05% 19.37%
�iYuVJ1J)1rJ�1111�i�1J�J�»I�iIII11111D1111�1�11J11111J1111��1J�JJIJl1 �
IiiVir�llou�uiiffluliYuiF�ol�d(iiihf�i�if�u(iiudiViuouiluli�iio@�� III
� rfI���IIIIY �����ll�lll�ll�lllll�l�llllllllllllllll $7,565,508,833 $10,071,975,277 $2,506,466,444 33.13% 8.61%
$702,774,972 $712,723,994 $9,949,022 1.42% 0.61%
I�II�I�I IIIIIIII I II �� � =10I IIII���I ,III, �IIIIIIII��U IIIIIIII VINmiffili, III IIIIII ,,I I�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Health and Human Services received the largest portion Finally, Natural Resources, Environmental Issues, Growth
of funding for the budget in SFY 2023-2024, totaling Management and Transportation Expenditures represent the
approximately$47.3 billion.This represents a 3.37%decrease third largest portion of the budget in SFY 2023-2024 with
in appropriation from the current year.All educational funding equaling approximately $22.7 billion.This represents
programs and services combined received the second-largest an increase of approximately 17.05%from the current
amount of funding,totaling approximately $30.3 billion.This fiscal year.
represents a increase of approximately 3.5%from the current
fiscal year.
54 3424
SFY 2024 GENERAL APPROPRIATIONS ACT:
% OF TOTAL BUDGET
SECTION'7:
.JUDICIAL BRANCH
SECTION 6: �.�� �/�
GENERAL GOVERNMENT
. 1 SECTION 1 AND 2:
(EDUCATION
25.90%
SECTION 5:
NATURAL RESJ ENVIRONMENTAL/
GROWTHJTRAN5PORTATION' ..".
119.37%
SECTVON 3:
HEALTH AND
SECTION 4: HUMAN.SERVICES
CRIMIN'AL,K)STICE
AND CORRECTIONS 40.3+8%
5.13%
General Revenue expenditures for the SFY 2023-2024 budget equal approximately$46.5 billion,while trust fund expenditures
total approximately$70.5 billion.The chart below compares expenditures between the SFY 2023-2024 budget and the previous
year's budget for SFY 2022-2023 by fund type.
I IIIIII (IIII I I 1 I 1 1 11„ lull ll111111111111111� 111 llllllll�l,�lll / IN .�.
mw r rrrrr
1 l r 111 v�ll�lf ,t>ylllril 11 1
r
1
uufV'r�rlrr�rr�rrrrrr�rrrr�rlr�r�rlil��l«��I��rrrrlrrJrrrrrrrlr�r�11111111111111111111� � � ��
I�lll�llllllll��lllllllllll��lllllllllllllllllllllllll $43,717,505,227 $46,504,607,631 $2,787,102,404 6.38%
II�LI�II�flll IIIIIII IIII�JI, JJ °
$68,353,528,775 $70,522,139,916 $2,168,611,141 3.17/o
II��� IIIIIII I�I�I W III®�� �� � �IIIIIIII IIII � m IIIIII IIIIIIIIIIII ffi�ii I IIIIII IIIIIIIIIIIII n
3425
COUNTY FUNDING HIGHLIGHTS
HEALTH AND HUMAN SERVICES AGRICULTURAL & ENVIRONMENT
Shared County/State Juvenile Detention:The SFY Water Quality Highlights:
2023-2024 budget estimates the counties' portion of total Septic-to-Sewer/Stormwater Improvements:
Shared County/State Juvenile Detention to be $70,389,066. The SFY 2023-2024 budget allocates $200 million,
This represents an estimated increase of $7,787,506 from the provides wastewater grant program for projects to construct,
current year's budget, or approximately 12%. upgrade or expand wastewater facilities, to provide
advanced wastewater treatment and to convert from
Community Substance Abuse and Mental Health septic to sewer, as established in section 403.0673, F.S.
Services: Funded at approximately $1.517 billion in Water Quality Enhancement and Accountability:
the budget. The budget allocates $12.8 million for provided for
increased water quality monitoring, the creation of a
Community Action Treatment(CAT)Teams:The SFY water quality public information portal, and for the
2023-2024 budget allocates $41.6 million, directed to establishment of the Blue-Green Algae Task Force. Funds
DCF to contract with providers throughout the state for the may be used for administration and planning costs.
operation of CAT teams, which provide community-based The task force will support key funding and restoration
services for children (aged 11 to 21) with mental health and/ initiatives to expedite nutrient reduction in Lake
or substance abuse diagnoses, this is the same budget as the Okeechobee and the St. Lucie and Caloosahatchee
previous fiscal year. estuaries.The task force will identify priority projects for
funding that are based on scientific data and build upon
Public Safety,Mental Health, and Substance Abuse Basin Management Action Plans (BMAPs) to provide
Local Matching Grant Program:The SFY 2023- 2024 the largest and most meaningful nutrient reductions in
budget allocates $9 million for the program, which supports key waterbodies, as well as make recommendations for
county programs that serve adults or youth who are in behavioral regulatory changes. The budget specifically allocates
crisis and at risk of entering the criminal justice system.This $4,000,000 in nonrecurring funds is provided to the
represents the same budget year funding as the previous Department of Environmental Protection to continue to
fiscal year. expand statewide water quality analytics for the nutrient
over-enrichment analytics assessment and water quality
Crime Labs:The SFY 2023-2024 budget allocates slightly information portal.
over$69.8 million in grants and aids to local governments for Water Quality Improvement Grant Program:
criminal investigations, which represents an 11%increase over • Allocates $50 million for reductions in harmful
the previous fiscal year. discharges to the Caloosahatchee and St. Lucie
Estuaries (Everglades).
Homeless Programs Challenge Grants:The SFY • Allocates $104.9 million for water quality
2023-2024 budget allocates approximately $20 million, improvement projects within the proximity of the
to DCF for challenge grants, which are awarded to lead Indian River Lagoon.
agencies of homeless assistance continuums of care. • Allocates $20 million for septic to sewer and
Specifically, $16.8 million in recurring funding is provided wastewater projects, that will improve the water
to support the Challenge Grant program through rapid quality of Biscayne Bay.
rehousing and homelessness prevention services to vulnerable
populations.This additional funding represents an increase Total Maximum Daily Loads:The SFY 2023-24
from previous budget years. budget allocates $40 million for Total Maximum Daily
Loads. Respectively to DEP for innovative water
Sheriff's Funding in Fiscally Constrained Counties: treatment projects that demonstrate the ability to most
The SFY 2023-2034 budget allocates $20.7 million is rapidly achieve department verified phosphorous and/
provided for salary increases for deputy sheriffs and or nitrogen load reductions consistent with the nutrient
correctional officers employed by sheriff's offices or boards load reduction goals and total maximum daily loads
of county commissioners in fiscally constrained counties. established by the department.The department may
also provide cost-share funding for innovative nutrient
removal projects.
56 3426
• Harmful Algal Blooms:The SFY 2023-24 budget Governor, the President of the Senate, and the Speaker
allocates $35.6 for innovative technologies and short- of the House of Representatives on December 1, 2022,
term solutions for addressing harmful algal blooms in pursuant to section 380.093(5), Florida Statutes. In the event
fresh waterbodies; funds may also be used for the red that projects included in the plan are unable to continue
tide emergency grant program and to support local or if excess funds are identified by completed projects, the
government efforts in cleaning beach and coastal areas. department may reallocate funds to projects on its Statewide
Funds may also be used to implement water quality Flooding and Sea Level Rise Resilience Plan to the next project
treatment technologies, identified by the department, near on the ranked list or to projects already funded in year one
water control structures in Lake Okeechobee. that have identified funding needs in subsequent years.
• Springs Restoration:The SFY 2023-24 budget
allocates $50 million from the Land Acquisition Trust Fund Additionally, an allocation of$20 million is granted for
for land acquisition to protect springs and for capital planning grants to fund pre-construction activities.
projects that protect the quality and quantity of water that
flow from springs. Mosquito control programs:The SFY 2023-24
• Alternative Water Supply:The SFY 2022-23 budget budget allocates $2.7 million.
allocates $60 million, to the water supply and water
resource development grant program to help communities Piney Point- $85 million appropriated to the
plan for and implement conservation, reuse and other department of Environmental protection to continue the
water supply and water resource development projects. stabilization,water treatment, and closure of the Piney Point
The House includes language to provide priority funding facility.
to regional projects in the areas of greatest need and for
projects that provide the greatest benefit.The department Everglades Restoration: $565 million
shall identify and research all viable alternative water
supply resources and provide an assessment of funding Florida Wildlife Corridor: In FY 23-24, $850 million is
needs critical to supporting Florida's growing economy. appropriated to the Department of Environmental
Protection to purchase lands for the Florida Wildlife
Florida Forever: $100 million Corridor, subject to appraisals and subject to the
provisions of chapter 253, Florida Statutes, through the
Florida Recreation Development Assistance Grants: acquisition of the Caloosahatchee Big Cypress Land
$11.2 million. Acquisition Project (SF 3211) in whole or in part, and the
acquisition of lands that are partially or wholly within the
Florida Communities Trust: $15 million Ocala to Osceola (020) Wildlife Corridor within Alachua,
Baker, Bradford, Clay, Columbia, Duval, Hamilton, Lake,
Beach Management Funding Assistance Marion, Putnam, Union and Volusia counties. Lands
purchased within the 020 Wildlife Corridor may only include
Program:The SFY 2023-24 budget allocates $50 lands that have been identified on the 2023 Florida Forever
million provided to the Department of Environmental Protection priority list approved by the Board of Trustees of the Internal
for distribution to beach and inlet management projects Improvement Trust Fund on March 13, 2023.
consistent with any component of the comprehensive long-
term management plan developed in accordance with section TRANSPORTATION AND
161.161, Florida Statutes. Funds may be used in accordance
with section 161.101, Florida Statutes, for projects on annual ECONOMIC DEVELOPMENT
ranked lists, storm repair projects, or projects on lands Affordable Housing:
managed by the state. State Housing Initiatives Partnership(SHIP)
program:The Legislature appropriated $252 million
Additionally, $106 million for beach erosion recovery projects respectively, for the State Housing Initiatives Partnership
related to Hurricanes Ian and Nicole, to fully fund DEP's (SHIP), as part of the affordable housing package signed
Hurricanes Ian and Nicole Recovery Plan for Florida's Beach into law, SB 102.
and Dune Systems. State Apartment Incentive Loan Program(SAIL):
The Legislature appropriated $259 million for the State
Resilient Florida Trust Fund and programs:The SFY Apartment Incentive Loan Program (SAIL), as part of the
2022-23 budget allocates $300 million respectively to the affordable housing package signed into law, SB 102.
allocated Department of Environmental Protection for the
Statewide Flooding and Sea Level Rise Resilience Plan,years
one through three, as submitted to the
3427
• Hometown Heroes Housing Program: $100 million
makes homeownership affordable for eligible frontline Intermodal Development Grants:$43.5 million
community workers such as law enforcement officers,
Firefighters, educators, healthcare professionals, childcare Transportation Planning Grants: $74.6 million
employees, and active military or veterans, as part of the
affordable housing package signed into law, SB 102. Electric Vehicle Grant Program- Department of
Transportation Work Program: $61.4 million
Job Growth Grant Fund:The SFY 2023-2024 budget
allocates $75 million. County Transportation Programs: $62.8 million
Visit Florida:The SFY 2023-24 budget allocates RURAL ECONOMIC DEVELOPMENT
$80 million. Broadband:The SFY 2023-24 budget allocate $100
Small County Outreach Program(SCOP):The SFY
• million for Florida's Broadband Equity,Access, and
Deployment program (BEAD),which funds broadband
2023-24 budget allocates $87.4 million. Specifically, Internet tannin deployment, ma in uit and
$9,000,000 is provided for transportation projects in planning, mapping, equity,y'
municipalities pursuant to section 339.2818(7), F.S. adoption activities with a goal of providing high-speed,
reliable broadband Internet service access to all Florida
Small County Road Assistance Program (SCRAP):The communities.
SFY 2023-24 budget allocates $28.4 million Digital Equity Grant Programs:The SFY 2023-24
budget allocates $12.9 million for the Digital Capacity
grant to help support Local Technology Planning Teams
TRANSPORTATION for broadband Internet and public awareness for digital
Transportation Disadvantaged Grants and Aids:The literacy efforts.
SFY 2023-24 budget allocates approximately Rural Infrastructure Fund:The SFY 2023-24 budget
$62.4 million. Specifically, $6,000,000 is provided to the allocates $30 million to support local rural infrastructure
Transportation Disadvantaged Commission for a projects such as broadband, roads, storm and wastewater
competitive grant program to provide innovative and systems, and telecommunications facilities. Specifically,
efficient transportation service delivery. Funds shall be used to $5,000,000 is provided as grant funding for the following
provide competitive grants to community Florida panhandle counties to facilitate the planning,
transportation coordinators for innovative service preparing, and financing of infrastructure projects in these
delivery that is more cost efficient for the program and time rural communities: Calhoun, Gadsden, Holmes,Jackson,
efficient for the users. Grants may be or projects in which a Liberty, and Washington Counties. Eligible uses of these
community transportation coordinator works funds include roads or other remedies to transportation
with a non-traditional service provider, such as a impediments; stormwater systems; water or wastewater
transportation network company or other entity that facilities; and telecommunications facilities and broadband
provides door-to-door, on-demand, or scheduled facilities. Grant funds are provided pursuant to section
transportation services.A county may submit one project that 288.0655(7), Florida Statutes.
encompasses multiple goals or a single goal, such as provid-
ing cross-county mobility or reducing service gaps between GENERAL GOVERNMENT
existing routes and the user's final destination. Library Grants and Library Cooperatives:The SFY
A county may not receive more than one award and 2023-24 budget allocates $21.5 million.
may receive a maximum award of$750,000. Multiple coun-
ties may partner for a grant of up to $1,500,000 provided Fiscally Constrained County Funding:The SFY 2023-24
that the project includes a goal of providing regional mobility budget allocates $58.1 million, to offset the
in addition to any other goals.A ten percent local match is impacts of previously approved constitutional amendments.
required for all grants.All funds shall be used to provide direct $1.3 million is allocated to fiscally constrained
services to transportation disadvantaged clients.
conservation lands.
$862,000 is provided to the Department of
Aviation Development Grants: $404.3 million Management Services to cover the local match share of
Public Transit Development Grants: $551.9 million E-Rate for Fiscally Constrained Counties.
Seaport Funding, Economic Development, Access Program, $20.1 million for mitigating deficits in the Fiscally
Grant Program, Investment Program: $149.3 million Constrained Counties and Fiscally Constrained
Rail Development Grants: $239.4 million
Counties Conservation Lands.
58 3428 m
Emergency Distributions: The SFY 2023-24 budget s.403.9337, Florida Statutes,which provides for a prohibited
allocates $33.8 million in emergency distributions application period not in existence on June 30, 2023.This
revenue sharing for small counties from the Local section expires in one year,July 1, 2024.
Government Half-Cent Sales Tax Clearing Trust Fund.
Specific Appropriation 146 of the GAA provides $250,000
Hurricane Ian and Nicole Relief: $350 million in nonrecurring funds to the University of Florida Institute
respectively to provide resources to fund gaps in: of Food and Agricultural Sciences (IFAS) to evaluate the
mitigation of local and county revenue losses and effectiveness of the timing of seasonal fertilizer restrictions on
operating deficits; infrastructure repair and replacement, urban landscapes toward achieving nutrient target objectives
including road, sewer, and water facilities; beach for waterbodies statewide.
renourishment; and debris removal for hurricane and recovery
of Hurricane and Nicole. IFAS must submit a final report, including results and
recommendations, by December 31, 2023, to the chair
Cybersecurity:Allocates $40 million in local of the Senate Appropriations Committee and the chair
government cybersecurity technical assistance grants. Depart- of the House Appropriations Committee.
ment of Management Services will administer a competitive
cybersecurity grant program that transfers nonrecurring finan- Beach Erosion Projects:$106,000,000 is appropriated to
cial assistance to local governments for the development and the Department of Environmental Protection for beach erosion
enhancement of cybersecurity risk management programs. projects as identified in section 161.101 (22), Florida Statutes,
Grants may include funding to establish cybersecurity risk related to damages from Hurricanes Ian and Nicole.To imple-
management programs, adopt cybersecurity standards, and ment the appropriation, section 60, establishes the State and
implement vulnerability mitigation. No funding is provided for local participation in authorized projects and studies relating
the department to procure or manage cybersecurity capabili- to beach management and erosion control (s.161.101, F.S.).
ties on behalf of local governments. For beaches in Brevard, Broward, Charlotte, Collier, Duval,
Flagler, Indian River, Lee, Manatee, Martin, Nassau, Palm
IMPLEMENTING & Beach, St.Johns, St. Lucie, Sarasota, and Volusia Counties,
impacted by Hurricane Ian or Hurricane Nicole, the depart-
CONFORMING BILLS ment may waive or reduce the match requirements for local
Appropriations Implementing and Conforming bills make governments.This subsection expires July 1, 2024.
certain changes to substantive law in order to implement the
proposed General Appropriations Act. Implementing and CONFORMING BILLS
Conforming Bill topics include:
SB 7024: Florida Retirement System:The conforming
SB 2502— Implementing the General Appropriations Act bill for the Florida Retirement System raised employer
contribution rates into the fund.The legislature ultimately
County Contributions to Medicaid: Section 27 of the adopted the Senate's contribution figures over the House.
budget implementing bill provides that local specially
assessed funds used for direct payment program (DPP) SB 7024 — Retirement by Appropriations passed in the House
payments made to hospitals serving Medicaid enrollees are (113-0) and in the Senate (39-0).The bill makes several
not counted toward the state Medicaid expenditures.This substantive changes to the Florida Retirement System (FRS)
provision is expected to save counties over $18 M. and provides the 2023-24 Contribution rates by class.The
total County impact of SB 7024 will be $325 M, compared
County Juvenile Detention Payments:Section 30 to an estimated $1.187B in HB 239, the House companion.
of the budget implementing bill provides that the Department The $325 M impact includes:
of Juvenile Justice (DJJ) has a responsibility to review a
county's juvenile detention cost sharing and may deduct • Impact of Normal Rate Adjustment
from the shared revenue funds provided to counties in • Impact of Unfunded Liability Adjustment
s. 218.23, F.S. for any county failure to meet their financial • Impact of Reduced Special Risk Retirement Date
obligations under this section.The DJJ may make such deductions • Impact of additional 2%Contribution for Investment
to the extent that it does not exceed a county's capacity to Plan Participants
• Impact of DROP eligibility extension from 60 to 96
comply with bond covenants on any shared revenue distributions
pledged for debt service. months
Fertilizer Preemption:To implement specific • Impact of Removal of Restrictive DROP Window
appropriation 146, a county or municipal government may not • Impact of increased interest rate on DROP funds from
adopt or amend a fertilizer management ordinance, pursuant to 1.3%to 4%
3429
• Increased Health Insurance Subsidy
• Does not include the Cost of Living Adjustment of 3%
(Was not included in final language)
CONTRIBUTIO"N RATES
IIIIIIIII III�U�lllll�lllll (IIIIIII lull�l�� WEI
CLASS
Regular 5.96% 6.73%
Special Risk 16.44% 18.66%
Special Risk Administrative 10.77% 11.54%
Elected Officers (Legislators) 9.31% 10.45%
Elected Officers (Judges) 14.41% 14.90%
Elected Officers (County Officers) 11.30% 12.39%
Senior Management 7.70% 8.56%
DROP 7.79% 8.49%
Employer normal contribution rates for each membership class To address the unfunded actuarial liabilities (UAL) of the
of Florida Retirement System (For both the Defined Benefit and Florida Retirement System, the bill amends the current
Defined Investment plans) are amended as shown above. contribution rates for each membership class as follows:
UNFUNDED ACTUARIAL LIABILITY
CLASS
liii_ ���,�I�,I �I�VVVVV�VVVVV�VVVVVVV�VVVVVV
II iiVlillilu Iluu ��° 'w
liul
Special Risk 9.67% 11.95%
�(IIIII a IIIII IIIIIIIIIIIIII ,,ry uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu .lu� �• ��� iiikl ��i,,,�i
liuiulll Iduiull lii'i'i'i'iil Viiiiii a iiiiilu�IuLuilluliiiiiil ullliiil uullllllluulluuuu ufufu a ufl a uuul uu a luuuu uu a uullliIIIIII uuuul luuull u u luuul�ul uuliul luuull a ullilull�l5ul
Elected Officers (Legislators) 56.76% 50.21%
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II IIII IIIII III IIIII IIIII)IIII�IIUIII I
uuuul u I luull uu ICI lulll�u lullllllll of u u cull luuul I cull V� �Ill�llm �
Elected Officers (County Officers) 43.98% 44.23%
IIIIIII, IIII IIIIIIIIIIIIIIIIIIIIIIIIII,II,II,IIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIJI))III�IIIIIIIIIIIII �II III(IIIII(IIIIIIIII„�I�II�I�IIIIIIIIII II IIIIIIIIIIIIII
luuulll Vuuul u�u a uuull a i�ullu uuuii u�u uuilu�u �ufuuu uuuui�ll u�full IuuulIVuul
DROP 9.15% 10.64%
60 3430 m
ANNUAL TAX PACKAGE
PASSES ON FINAL DAY
HB 7063, the Ways and Means' committee's comprehensive • "Freezes" local communications services tax (CST)
tax package, passed both chambers unanimously.The bill rates at their current level until January 1, 2026.
contains the following provisions pertaining to counties: • Provides additional guidelines for property owners to
• Limits county authority to levy special assessments on receive a property tax refund following a catastrophic
land classified as agricultural, with the exception of event rendering their residence uninhabitable.
bonded assessment revenues.This prohibition does not • Appropriates $35 million to offset the reductions in
apply to non-agricultural structures on the property. local property tax revenues from complying with
• Requires counties to go to referendum to impose s. 197.3181, F.S., directing counties to issue prorated
additional tourist development tax levies. It also property tax refunds to property owners whose homes
extends statutory authority to use a percentage of were rendered uninhabitable by Hurricane Ian or Nicole.
tourist development revenues for public safety/law A number of sales tax holidays of varying impacts
enforcement purposes to all fiscally constrained to local government revenues.
counties.
• Increases the discrepancy thresholds for a property
appraiser to challenge a value adjustment board (VAB)
decision in circuit court.
• Requires that any referendum for specified taxes must
coincide with a general election, and may only take
place once within 48 months prior to reenactment/
increase of the tax.
3431
1 1
DAVIN J. SUGGS BOB McKEE JEFF SCALA
Deputy Executive Director Deputy Director of Public Policy Senior Associate Director
dsuggs@flcounties.com bmckee@flcounties.com of Public Policy
jscala@flcounties.com
. r
i
f /
i ®21Y
EDDY LABRADOR, ESQ. JASON MANN SARA HENLEY
Legislative Counsel Public Policy Coordinator Policy Analyst
elabrador@flcounties.com jmann@flcounties.com shenley@flcounties.com
l�
r � r
JARED GRIGAS
Policy Analyst
jgrigas@ycounties.com
62 3432 m
Dui
FLORIDA
COUNTIES
All About Florida
100 S Monroe Street, Tallahassee FL 32301
(850) 922-4300
flcounties.com
vf0
@flcounties/flcounties @flcounties
3433
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
STATE LEGISLATIVE AGENDA
2023
Vuuuuui�llll�llllllll���lllllll�V�� �I ���y
I
f
�i
i
tiln;d.
�r
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Office of Legislative Affairs
November 15, 2022
3434
Monroe County I13 rd Of COUinty Cornrrulss� ioneirs State l....eglidadve IFlirloir'i 'i �:�
MQ ill
Mayor Craig Cates, District 1
Mayor Pro Tern Holly Merrill Raschein, District 5
Commissioner Michelle Lincoln, District 2
Commissioner Jim Scholl, District 3
Commissioner David Rice, District 4
County Administrator Roman Gastesi
�vlvuiu i��
House District i2o: Representative Jim Mooney
Senate District 39: Senator Ana Maria Rodriguez
Florida Association of Counties
Small County Coalition
Southeast Florida Regional Climate Change Compact
South Florida Regional Planning Association
National Association of Counties
Gulf States Counties and Parishes Caucus
4
f
3435
INTRODUCTION REPORTAND DISCUSSION........................................................................... 3
STATE LEGISLATIVE PRIORITIES:
Stewardship, LATF,Water Quality................................................................................... . 6
LandAcquisition................................................................................................................ 7
Resilience........................................................................................................................... 8
Charter County and Regional Transportation System Surtax.............................................. g
Citizens'Wind Insurance...................................................................................................... g
Marine Protection (Derelict Vessels, Mooring Fields, Pump-out Program)........................... 11
ROGO and Workforce Housing............................................................................................. 14
Workforce/Affordable Housing Funding................................................................................ 14
VacationRentals.................................................................................................................... 15
Occupational Licensing.......................................................................................................... 16
Emergency Operation Center................................................................................................ 17
Farming/Agritourism............................................................................................................. 17
Transportation....................................................................................................................... 18
Preemption and Home Rule .......................................................................................... 18
GENERAL STATE LEGISLATIVE ISSUES:
Growth Management Environment..................................................................................... 20
Emergency Management...................................................................................................... 20
Health, Mental Health, and Social Services............................................................................. 21
Veterans.................................................................................................................................. 21
Clerks'Funding/Judgeships..................................................................................................... 22
Florida Retirement System...................................................................................................... 22
Libraries................................................................................................................................... 22
County Jails,Juvenile Justice..................................................................................................... 22
Homelessness .......................................................................................................................... 22
Overseas Heritage Trail Pedestrian Bridges............................................................................... 23
CONTACTINFORMATION ................................................................................................................... 24
i:1ag
3436
Monroe County I13oard Of COUinty Cornrrdsslionairs State Il....o lidadve IFlirloir'i ti'i ��:�
rs�o�
LEGISLATIVE AGENDA DEVELOPMENT
Staff is seeking Board approval of the issues presented herein to be included in the County's 2023 State
Legislative Program. Upon Board approval, staff and the contract lobbying teams will pursue all of the
legislative issues approved by the Board,and in so doing, place appropriate priority on the issues that the Board
directs to receive a special level of attention in 2023.
Annually,the Board reviews legislative priorities and gives direction on and approval of priority legislative issues
to guide the County's lobbying efforts at both the State and federal level. Typically, the County identifies as
priorities only its most pressing issues and then supports the Florida Association of Counties (FAC) and the
Small County Coalition (SCC) in achieving their broader substantive initiatives. As a member of the Southeast
Florida Regional Climate Compact, Monroe County collaborates on the Compact's annual legislative program.
Each year, the BOCC and staff evaluate the trends and issues affecting all County programs and services to
identify potential policy or substantive legislative issues. Included herein are the substantive priorities and
general issues to be pursued and supported during the 2023 State Legislative session.
LEGISLATIVE PRIORITIES
The County's legislative efforts are incremental and focused on issues that are built upon throughout several
sessions, such as funding for water quality infrastructure and land acquisition, and protecting Citizen's wind
insurance affordability; others are new, prompted by recent legislation or newly identified needs.The County's
priorities for the 2023 session include:
• The County's number one priority is to secure a $25M appropriation through the Florida Keys
Stewardship Act (FKSA), of which $20M is to fund water quality projects and $SM is for land
acquisition. The County utilizes its share of Stewardship funding for the canal restoration program.
• An important additional goal is to have the Florida Keys Stewardship Act included as a funded
project in State's Land Acquisition Trust Fund. The Land Acquisition Trust Fund ("LATF") is funded
with documentary stamp taxes directed thereby Amendment 1. Projects currently funded in the LATF
include some of the State's highest environmental priorities, such as Everglades Restoration and
springs restoration. Inclusion of the Keys' Stewardship Act into the LATF would elevate our
Stewardship Act to Statewide importance and help secure annual funding.
• The FKSA authorizes an annual $5M set-aside of Florida Forever funding for the next ten years,
dedicated specifically to enable Florida Department of Environmental Protection to renew an
aggressive land acquisition program in the Florida Keys. As the universe of development permits
shrinks,and the County reaches"build out,"there is a need to keep our State legislators mindful about
the impacts and consequences of Monroe County's challenge of protecting both environmentally
sensitive lands while balancing private property rights. The State of Florida, having designated the
Florida Keys as an Area of Critical State Concern, is a partner with Monroe County in this challenge and
we continue to work closely with the State's ACSC oversight agency, the Department of Economic
Opportunity (DEO) on these issues, and the State's main environmental regulatory agency, the
Department of Environmental Preservation.
• Another top priority is to secure funding for resiliency projects. The County has submitted its funding
requests into the new DEP Resiliency Funding portal as required by the new law passed in 2021. The
f::kage::3
3437
County's legislative team will then advocate with the Governor's office and DEP to secure the funding
for those project submittals.
• We will continue to work to protect our marine environment by addressing the proliferation of derelict
vessels and by developing new mooring fields. Pursuant to legislation passed in 2021 enacting new
anchoring limits in the waters of the Florida Keys and subsequent amendment of that the new law in
2022, requiring the installation of 10o new moorings before the new limits may be applied, Monroe has
just completed the feasibility for the new mooring field, complete with scope of work and cost
estimates. We will be seeking State assistance to help fund the design, engineering and installation
costs of the new moorings. The new moorings, along with the new anchoring limits, promise to help
reduce vessel dereliction.
• Once again,we will pursue authorization to levy an additional penny tax for resilient infrastructure
needs. Specifically,this year, we will seek legislative authority to levy a Charter County and Regional
Transportation System surtax. Currently only charter counties and entities with a regional
transportation system are eligible to levy this tax. We will seek legislative change that would add non-
charter counties as an eligible entity.The proceeds of this surtax revenue would help fund the County's
transportation-related infrastructure like road elevation and transportation capital projects. The Board
recently directed staff to petition FAC to add this issue to its own legislative agenda. FAC will be
considering it their Legislative Conference at the end of November.
• On behalf of the County's hundreds of small contractors and tradespeople, Monroe will pursue the
repeal or amendment of HB 735, a local government preemption bill that prohibits local government
occupational licensing programs, passed by the Legislature in 2021.Without a local licensing program,
small contractors and tradespeople remain unlicensed, and therefore have no ability to file for permits
for their work, affecting their livelihoods. Consumers also miss the protection of vetted contractors.
We hope to convince legislators that local licensing programs help, not harm, small contractors and
tradespeople, as well as protect consumers. Monroe has requested that FAC also add this issue to its
legislative agenda.
• Wind insurance affordability is yet another critical need for our constituents and a key component in
preserving the Keys'strong local economy that is a valuable economic engine for the State. The vast
majority of wind policies in Monroe are with state-backed Citizens Property Insurance Company
("insurer of last resort.") Preserving affordable wind insurance requires working with Citizens,
legislators and the Office of Insurance Regulation to oppose efforts to increase premiums, eliminate
the cap on annual increases, reduce coverage, and reduce eligibility. Citizens is under increasing
pressure as the crisis in the State's broader property insurance market grows worse. Citizens' policies
now exceed iM as it continues to have to pick up the policy holders from the private sector insurance
companies that have failed or left the State.We must closely monitor Citizens'response to the current
insurance crisis, and potential impacts to its wind insureds.
• Balancing ROGO protection with needs for affordable housing remains an important focus. In 2018,
the State gave the County and the municipalities 1,300 "early evacuation" ROGOs for building
affordable housing following Hurricane Irma. Key West, Marathon,and Islamorada adopted ordinances
accepting those ROGOS, which were challenged. The municipalities prevailed at the Administrative
Hearing but the Third District Court of Appeal reversed that decision with respect to Marathon and
Islamorada only. Those two municipalities are seeking discretionary review in the Florida Supreme
Court. Per the Third DCA's decision, Marathon and Islamorada may not accept their share of these
early evacuation ROGOs, and by inference Monroe County may not either. Marathon and Islamorada
may seek a legislative change that would enable their use of the new ROGOS. That legislation may
seekto amend F.S.380.0552(g)(Florida Keys Area Protection Act's 24-hour evacuation rule)and/or F.S.
166.04151(Affordable Housing). If the cities seek a change to F.S. 166.04153., a similar change to F.S.
125.01055 (Affordable Housing)would be necessary for it to benefit Monroe County. The County will
closely monitor proposed legislation. Further, Monroe will be seeking an amendment to clarify that
3438
Monroe County I13 and Of COUnty Cornirrd sslionairs State Il....eglislladve IFlirloir'i ti'i ��:�
rs���
sections in FS i25.0i055 referring to affordable housing do not negate Monroe County's Rate of Growth
Ordinance.
• Monroe County broke ground on its new Emergency Operation Center on its Marathon Airport
property in October,and we anticipate completion of this critical new facility in February 2024.Current
market conditions have resulted in unanticipated cost escalations, and a funding shortfall of s6M. We
will seek assistance from the State to help with this shortfall with a legislative appropriation request.
• The spate of preemption bills introduced last session,and increasingly over recent legislative sessions,
such as those related to vacation rentals, emergency powers, contractor licensing, home-based
businesses, cruise ship activity in local ports, single use plastic bags, business regulation, use of county
rights of way, affordable housing, and local referenda represent a significant challenge to home rule.
We expect these State legislative efforts to continue.
It is beneficial for the Board to be active participants in the legislative process by testifying on behalf of the
County and working with the legislative delegation. Staff will continue to keep the Board involved in legislative
issues through agenda items, resolutions, memoranda, FAC"Call to Action"emails, and regular updates.
LOBBYING CONTRACTS
The County utilizes contract lobbying services at the State level to further Monroe County's legislative goals
and to secure vital appropriations. Monroe County currently contracts with Robert Reyes with Capital Group,
Ryan Matthews and Dean Cannon of Gray-Robinson, Frank Bernardino with Anfield Consulting, Nick Iarossi
with Capital City Consulting and Noah Valenstein with Brightwater Strategies Group. These firms provide a
daily presence in Tallahassee and advocate for the County's legislative priorities.
Staff coordinates regularly with the County's State lobbying team by phone and e-mail to strategize on key
State policy, regulatory, and budget issues. In addition to weekly conference calls during session, and weekly
issues tracking, lobbyists also submit monthly reports, and formally report annually to the Board of County
Commissioners.
KEY DATES
2023 Legislative Session Dates:
• November 8: Election Day
• November 3-5:Approval of BOCC Legislative Agenda
• November 3o-Dec z: FAC Legislative Conference
• December-February: Interim Committee Weeks
• March 7: First Day of Regular Session
• TBD: Local Delegation Meeting
• March 3.5: Florida Association of Counties Legislative Day
• TBD: Keys Day
• April 25: Last Day for Committee meetings
• May 5: Last Day of Regular Session
Bare 5
3439
�illillillillillillilliillillillillillillilliillillillillillillilliililillilljli�����
I lffl=lllllllllllllllllillillillillillillilliillillillillillillillil�
FLORIDA KEYS STEWARDSHIP: WATER QUALITY PROTECTION
CHALLENGES:
➢ Unique Ecosystem:The Florida Keys lie within the waters of the Florida Keys National Marine Sanctuary.
This fragile and complex marine ecosystem of the Florida Keys is one of the unique ecosystems in the
world. It is home to the only living coral reef in the continental U.S.and the third largest barrier reef in the
world,the largest sea grass meadow in the hemisphere, and 6,000 species of marine life. Cesspits, runoff
and degraded canal waters pollute the nearshores waters of the Sanctuary and threaten the ecosystem.
➢ Unrivaled Economic Impact: This ecosystem is the lifeblood of marine-based tourism and fisheries
economy unrivaled in the State of Florida generating over sS.7B in economic activity, enabling the Keys
to generate over$21;7M in sales tax revenue for the State.
➢ Federal State Water Quality Mandates: The implementation of Advanced Wastewater Treatment
standards, storm water management and canal water restoration in the Florida Keys are all pursuant to
and in furtherance of the Federal Water Quality Protection Program mandates that apply to all of the
waters surrounding the Florida Keys.Congress created the Florida Keys National Marine Sanctuary in iggo,
and directed US EPA and the State to develop a Water Quality Protection Program to protect water quality.
➢ Wastewater Implementation: The State mandated that The Florida Keys Area of Critical Concern
construct a centralized wastewater treatment system in compliance with FS 381 and 403 across the span
of the ioo+ mile archipelago. This has cost the local governments of the Florida Keys $gooM. The State
has invested $iooM in that system.These wastewater treatment system improvements near completion.
➢ Storm Water and Degraded Canal Waters: The Keys must now address two remaining areas of water
quality concern: storm water runoff and degraded canal waters. Runoff and poor canal water leach into
the nearshore waters of the Sanctuary. Environmental testing has determined that hundreds of canals in
the Keys have poor water quality that fall below the State water quality standards.
➢ Canal Restoration Program: In 2020, the State added Canal Restoration as a mandated component to
Monroe County's ACSC annual work plan.The cost of this work is in the hundreds of millions.State funding
assistance for this ecosystem restoration work via the Stewardship Act is critical.
➢ Land Acquisition Trust Fund: Inclusion of the Stewardship Act into the State's LATF would significantly
enhance efforts to secure annual Stewardship funding.
➢ LOCAL COMMITMENT:
o County Funds: The Monroe County Board of County Commissioners expended s7M in local funds to
develop a Restoration Work Plan and to conduct a Restoration Pilot Program, wherein we
implemented a number of different restoration technologies on various canals to determine the costs
and benefits of each technique.
o RESTORE Act funds: Monroe has committed all of its RESTORE Act$20M to Canal Restoration.
o Natural Resources Conservation Service Funds: The County secured a$45M federal grant in 2oi8 to
remove hurricane-related debris from almost zoo canals.
REQUESTED ACTIONS:
V SUPPORT a $20M appropriation forthe implementation of The Florida Keys Stewardship Act.
` SUPPORT inclusion of the Florida Keys Stewardship Act in the State's Land and Water Trust Fund.
` SUPPORT creation of a recurring five-year water-related work plan (similar to the FDOT five year work
plan model)forthe distribution of State funding for local water-related infrastructure projects and support
increased State funding for local water infrastructure projects.
3440
Monroe County I13oard Of COUnty Cornirrd sslioneirs State l....eglidadve IFlirloir'i 'itie�Zoe��:�
r
FLORIDA KEYS STEWARDSHIP ACT: LAND ACQUISITION
CHALLENGES:
r Area of Critical State Concern: The State of Florida designated the Florida Keys an Area of Critical State
Concern, in recognition of its unique and significant environmental resources, and through the
Administration Commission, the State maintains oversight of the growth and development issues in the
Florida Keys.
Hurricane Evacuation: State law limits residential housing growth in the Keys so that permanent
residents can be safely evacuated within 24 hours. U.S. i has limited capacity for cars on the road, which
limits the number of people that can live here. The State accomplishes this through an annual rationing of
building permits, until we reach a cap or"build out."
Development Permits:The State caps the total number of new building permits in the Keys. In 2013 that
cap was set at 3,550. Each year,for the next ten years,the State allocates 355 permits to the Keys.We will
reach build out in 2026, after which there will be no more permits, and no further development will be
permitted.
Property Rights/Legal Liability: After we apply all of the available permits (3,550), there will still be
approximately 6,000 privately owned, undeveloped parcels, potentially with no ability to develop. The
deficit of permits could trigger property rights lawsuits against the local governments and the State from
owners who may have been denied the ability to build a home on their property. The total value of the
remaining 6,000 parcels, and the liability of potential takings claims, is conservatively estimated at$627M
(2022 data). The County and the State have been named as co-defendants in property rights suits filed as
a result ofACSC regulations, and jointly defended those suits.
r Conservation and Non-Conservation Lands: Florida Forever provides a programmatic funding source
through which the State can acquire lands to retire development rights, as long as those properties are
conservation lands within the Florida Forever project boundaries. Of the 6,000 privately-owned,
undeveloped properties that could be left without permits approximatelY3,Soo lie within Florida Forever
project boundaries. In 2oi8, we secured legislative changes that authorizes the State to acquire non-
conservation lands in ACSC to retire development rights. However,this type of acquisition requires a State
funding source.
Military Base Buffering:The Keys are home to the U.S. Naval Air Station Key West.ApproximatelYSoo of
the 6,000 privately-owned, undeveloped parcels lie within NASKW's military buffer areas. In 2o18, we
secured legislative changes that prioritized NASKW within the State's military buffer lands program, but
the program requires greater State funding in order to acquire more base buffer land.
LOCAL COMMITMENT: Since August 1, 2o16 through October 1, 2022, Monroe County has expended a
total of $22.3M in local funds (a combination of infrastructure sales surtax and Monroe County Land
Authority)to reduce this liability by acquiring land and retire the development rights. The County has an
additional $16.9M budgeted. The State has expended $5.4M. During this period, 422 development rights
have been retired (321 by the County and 1o3.by the State).
REQUESTED ACTIONS:
" SUPPORT appropriation of$5M within Florida Forever as authorized in The Florida Keys Stewardship Act
for land acquisition within the Florida Keys thatwill both conserve environmentally sensitive land and retire
development rights to mitigate future takings liability.
" SUPPORT continued partnership with FDEP and DEO to fund and implement an aggressive, long-term
land acquisition strategy aimed at reducing the total inventory of privately owned vacant land to curtail
the threat of significant future takings liability.
Page
3441
ENHANCING MONROE COUNTY'S RESILIENCE TO SEA LEVEL RISE
CHALLENGES:
➢ Estimated Costs: In 2oi8, Monroe County embarked on a comprehensive study to examine the impacts of
sea level rise, King Tides and storm inundation on the County's road system. This study, completed in
2023., produced initial cost estimates of s1.8B to elevate roads and otherwise mitigate flooding
impacts. (This estimate does not include roadways within the Keys'municipalities.)
➢ Severe and persistent road flooding is impacting many communities affecting public safety, commerce,
property values and quality of life.
➢ The County is charting a course to pursue all available funding streams to assist with this comprehensive
effort, including federal and state grants, Congressional appropriations, special assessments and local
funding.
➢ In 202o, The Legislature passed the Resilience Act, creating the Resilient Florida ("RF") Grant Program
within DEP to allow local governments to apply for grants to address resilience needs, and .
➢ Monroe County's residential communities and privately owned housing stock also require resilience
investment. The Federal Army Corp of Engineers has conducted a study of the Florida Keys and within
unincorporated Monroe County alone there are over 1,800 residential structures at risk for flooding and
recommended for elevation.
➢ There are several federal-state grant programs including the Hazard Mitigation Grant Program (HMGP)
and the Flood Mitigation Assistance (FMA) program that provide funding for acquisition, elevation, and
demolition/reconstruction, enabling local governments to facilitate rebuilding their communities to be
flood resistant and eliminate flood risk. These programs are vital to the changing climate and risks
associated with flooding related to storms and sea level rise; they also require significant staff expertise
and time.
➢ During the past legislative session, the powers and responsibilities of the Monroe County Land Authority
were expanded to enable it to assist the County in activities related to enhancing residential resiliency to
flooding and sea level rise, including seeking and administering grants, such as HMGP and FMA to the
County to elevate/rebuild/buyout flood-vulnerable homes.
o Since Hurricane Irma, the County has submitted 23 applications for home elevations through HMGP,
with 4 applicants currently under review by FEMA for$756,147 in funding requested.
o Since 2021, the County has submitted ii elevation projects, for a total funding request of$2,142,210
with $535,552 match, to be paid by the private property owners. Of those requests, none were
recommended for funding by FDEM because they lacked repetitive loss attributes.
o Also since 2021, the County has submitted 5 mitigation reconstruction projects for a total funding
request of$1,094,175 with $4o6,294 to be paid by the private property owners. Of those requests, 4
were recommended by DEM to be reviewed by FEMA for a total funding request of $785,i6o with
$275,040 to be paid by the private property owners.
REQUESTED ACTIONS:
v" SUPPORT funding for projects submitted to DEP through the Resilient Florida grant program for road
elevation/flood mitigation projects.
` SUPPORT full funding forthe Statewide Resilient Florida Grant program.
v" SUPPORT funding for projects submitted to DEM through FEMA-funded HMGP and FMA grant programs
for residential home elevations, buyouts and demolition/rebuild.
3442
Monroe County I13oard Of Couu°:ty Counu°rulisslioneirs State l....eglidadve IFlirloir'i ti'i ��:�
rs Zoe
EXTENDING THE CHARTER COUNTY AND REGIONAL TRANSPORATION SYSTEM
SURTAX TO NON-CHARTER COUNTIES
CHALLENGE: Monroe County, like counties across the State, are facing increased costs related to roads and
transportation needs. The costs are magnified in coastal counties such as Monroe that need to elevate roads
to address frequent, persistent flooding and prolonged inundation from heavy rainfall, storm surge, seasonal
King Tides, or`sunny day"flooding.
In addition, as a community with one main roadway that is often snarled in traffic, Monroe County would
benefit from additional funds to finance an improved transit system, whether it be buses, ferries and water
taxies, or other types of transportation.
Postponing such investment in critical infrastructure like roads and transit for lack of funds, will only be more
costly for taxpayers, homeowners, and businesses. We seek to address these challenges before they become
more expensive, and before they become actual interruptions to property values, business activity, and travel.
F.S. 212.o55(i)currently allows charter counties,consolidated counties,and those counties which are members
of or operating under an interlocal agreement with regional transportation authority the option of levying a i
cent sales surtax the proceeds of which must be used for roads and transportation related expenses. The levy
can be for up to 3o years.
The statute as currently worded leaves a non-charter county,which is not a member of an RTA or under an ILA
with an RTA, no option to levy this surtax withoutjoining an RTA,which can syphon millions of dollars of those
tax proceeds for its use or become a charter county, a process which can create additional bureaucracy and
additional expense to the taxpayers.The statute,as it currently exists,encourages more and unnecessary layers
of government. Allowing non-charter counties to levy the tax after voter approval, will ensure that more of
those dollars are used to fund solutions, not pay for unnecessary bureaucracy.
Monroe currently levies a one penny infrastructure sales surtax,which generates approximately$50 million per
year.If the legislative change is made and the voters approve the levy,the transportation surtax would generate
an additional $50 million per year in Monroe County.
In 2021, Monroe received estimates that it will cost approximately si.8 billion to address its road elevation
issues for our roughly Soo miles in County roads. The statute allows for an up to 3o-year levy. At $5o million a
year,this tax would generate $1.5 billion over 30 years, a significant step in meeting those projected costs.
REQUESTED ACTIONS:
` SUPPORT legislation to amend F.S. 23.2.055(1), the Charter County and Regional Transportation System
Surtaxto open up this optional surtax to non-charter counties.
WIND INSURANCE AND FLOOD INSURANCE:
AFFORDABILITY AND ACCESSABILITY
CHALLENGES:
➢ Importance of wind insurance and Citizens Property Insurance Company("Citizens"):The vast majority
of wind policies in Monroe are with state-backed Citizens,the"insurer of last resort." Preserving affordable
wind insurance requires working with Citizens,the Office of Insurance Regulation,and legislators to oppose
flage 9
3443
efforts to increase premiums, eliminate the cap on annual increases, reduce coverage, and reduce
eligibility.
➢ Current Property Insurance Crisis in Florida: Citizens is under increasing pressure, as the crisis in the
State's broader property insurance market grows worse.As the "insurer of last resort" Citizens continues
to have to pick up the policyholders from the private sector insurance companies that have dropped
policies, and in some cases gone insolvent, amid financial losses.After years of actively-trying to reduce its
number of policies, Citizens' policies now exceed iM. This is a significant concern, as is the rising cost of
property insurance in general. We will continue to monitor Citizens'and the Legislature's response to the
current insurance crisis, and potential impacts to its wind insureds.
➢ Wind insurance rates: Monroe's residential and commercial Citizens'wind insurance rates are the highest
in the State. Monroe's premium rate 175% higher than the median coastal rate. High costs and limited
coverage negatively affect our citizens, our workforce, our property values, and our economy.
➢ Monroe's building standards: Monroe County's building standards are among the most rigorous in the
State,yet this is not reflected in Citizens'rate calculations for Monroe.
➢ Premiums vs. Claims: Premiums charged by Citizens are not commensurate with actual risk.
o From 2004-present Monroe paid in total more than a half billion dollars in premiums over claims.
➢ Affordability and Annual Glide path: Monroe's already high rates are compounded with annual io%
increases. These costs exacerbate the County's housing cost crisis. Property insurance affordability is a key
component in preserving the Keys' strong local economy. The legislature recognized the importance of
affordable property insurance, but Citizens has failed to apply an "affordability" definition or standard
(beyond capping annual increases to io%.)
Citizens Property Insurance Corporation statute reads: "The absence of affordable property insurance
threatens the public health,safety, and welfare and likewise threatens the economic health of the State.
The State therefore has a compelling public interest and a public purpose to assist in assuring that
property in the State is insured and that it is insured at affordable rates so as to facilitate the remediation,
reconstruction, and replacement of damaged or destroyed property in order to reduce or avoid the
negative effects otherwise resulting to the public health,safety,and welfare, to the economy of the State,
and to the revenues of the State and local governments which are needed to provide for the public
welfare."
➢ During the 2021 Legislative session, lawmakers increased the annual rate cap in Citizens' premiums 1%
each year for the next 5 years. Citizens and lawmakers continue to discuss raising Citizens' rates, and
eliminating the rate cap altogether. We will monitor this discussion closely, and work with FIRM to
advocate against any legislation that would further increase or eliminate the cap.
REQUESTED ACTIONS:
V SUPPORT legislation that exempts Monroe County from the annual wind insurance rate increase passed
last session (11-15% over the next five years) and maintaining the County's rate cap at io%, recognizing
Monroe's unique housing affordability issues and strong building codes.
V SUPPORT legislation to help lower premiums and annual rate increases by requiring Citizens to:
o Apply mitigation credits that account for Monroe's rigorous building standards;
o Apply an affordability definition or standard, per the statutory language mandating affordability.
` OPPOSE legislation that limits the availability of Citizens'coverage (particularly in areas such as Monroe,
where there is no reasonable degree of competition for windstorm insurance.)
V SUPPORT the legislative efforts of Fair Insurance Rates for Monroe(FIRM) related to both wind and flood
insurance affordability and availability for Monroe County.
Page 1.0
3444
Monroe County I13 and Of C Unty Cornu°nlisslioneirs State l....eglidadve IFlirloir'i 'ioes�����:�
r
MARINE PROTECTION:
ANCHORING LIMITS, MOORING FIELD DEVELOPMENT, DERELICT VESSEL
REMOVAL FUNDING, AND PUMP-OUT PROGRAM
CHALLENGE: Balancing the preservation of our marine environment while supporting a robust boating
community.
The protection of our marine environment and water quality is of utmost importance to Monroe County. Our
marine environment is the lifeblood of our economy and a cultural touchstone. Monroe has a robust boating
community ranging from recreational boaters,to commercial and charterfishing boats,to live-aboard boaters.
The high number of boaters that visit and live on our waters unfortunately generates undesirable impact.
Monroe County has the highest number of derelict vessels in the State.The Florida Legislature and the Florida
Fish and Wildlife Conservation Commission (FWC) have recognized the proliferation of derelict vessels (DVs)
around the State, and the significant navigational safety and environmental impacts they pose. The costs of
their removal are an unnecessary financial burden for taxpayers. Monroe County supports regulations and
services that mitigate vessel dereliction like anchoring limits and mooring fields.Additionally, compliance with
No Discharge Zone regulations requires continuous vigilance along with the provision of a no-charge vessel
pump out service.
i) Anchoring Limits and Mooring Fields: Anchoring limits and identification of at-risk vessels are
important strategies for reducing dangerous and costly vessel dereliction. To facilitate and encourage
responsible anchoring,the County will embark on the development of additional mooring fields.
Long-term anchorage contributes to vessel dereliction. Most derelict vessels result from having been
anchored out, sedentary, and neglected for extended periods. The vessel's physical condition degrades,
eventually becoming inoperable. Often,the vessel is abandoned.The vessels often become"at-risk,""pre-
derelict,"and/or eventually"derelict". Anchoring limits reduce the number of days that a vessel may be
anchored in one place without moving;they require the vessel to be moved, which requires that the vessel
be maintained in an operable condition, reducing its chances of becoming derelict.
About half of the long-term anchored vessels surrounding the waters of Key West are stored vessels, with
the other areas throughout Keys'waters also containing numerous stored vessels; these are the greatest
generator of derelict vessels. Stored vessel owners commonly choose to store their vessel at anchor as an
alternative to paying the high prices for shore side dockage; or,they have the intent to abandon the vessels
to avoid the costs associated with proper disposal.
In 2021, the Legislature recognized the issue of long-term storage, and enacted a new go-day anchoring
limit. It also required that Soo new public mooring balls be placed in the waters around the City of Key West
before the new limit can be enforced in Keys'waters. This requirement is difficult if not impossible to meet,
and therefore precludes the new law's use and benefit. In 2022,the requirement for Soo new moorings was
lowered to ioo new moorings.
With the recent completion of a comprehensive feasibility study, the County will now embark on the
design, engineering and implementation of a new ioo- mooring ball mooring field in the Wisteria Island
area. The County will also be embarking on the same for an additional 4o-ball mooring field in the Boca
Chica area. The early estimated costs for the design, engineering and implementation of both moorings
fields is about si.6M. County staff is already actively working with DEP to facilitate the permitting process
and preemptively address any issues and with FWC for funding assistance.
REQUESTED ACTIONS:
v" SUPPORT efforts to facilitate new mooring fields,to include expediting permitting and securing State
funding assistance for mooring field design, engineering and implementation.
Page I..:.1.
3445
2) Costs of Derelict Vessel Removal: Monroe County has the highest number of derelict vessels in the
State. State funding assistance for DV removal costs is critical.
Monroe County has the highest number of derelict vessels in the State. Derelict vessels pose
significant navigational safety and environmental impacts. Prevention of derelict vessels and
funding process for expeditious removal of derelict vessels are significant needs.
The County's Marine Resources Office works cooperatively with FWC and other law enforcement
partners to remove derelict vessels. When all attempts to locate and hold the boat owner responsible
fail,the vessel is referred to the Marine Resources office for removal. Each year,the Marine Resources
Office removes an average of 60-8o derelict vessels utilizing pre-qualified marine contractors that
competitively bid each job. Removal of these vessels represents more than $340,000 in annual
expenses.
State Derelict Vessel Removal Grant Program (DVGP): State assistance with the costs of vessel
removal is critical to Monroe County. Prior to 2oig, the State assisted with DV removal costs by
distributing to each individual county an annual allotment of statewide vessel registration, which
worked well. In 2019,the Florida Legislature changed the process for DV removal funding to counties,
by directing 3o% of vessel registration fees into a derelict vessel removal trust fund and authorizing
FWC to administer a grant program through which counties must first apply for and obtain approval to
remove a DV before receiving DV removal funding.
DVGP Challenges: The merits of the grant program are worthy, however the overly-bureaucratic
process negatively affects our DV removal operations by increasing the removal timeline by up to 6
months due to the restrictive guidelines (cannot remove a vessel prior to the execution of a grant
agreement), increases our administrative costs to prepare, submit and administer the numerous
associated grant agreements (14 in the last two years, hundreds of hours), and requires our staff to
make subjective determinations about which vessels may or may not cause additional harm while
awaiting the life cycle of the grant (especially problematic during hurricane season). Since the
implementation of this law, Monroe County's portion of the revenues has decreased by approximately
$70,00o a year,while operational challenges have increased.
Comparison of County-funded vs DVGP-grant funded DV removal:
Number of Vessels
Number of Average Removal Missing Prior to
Vessels Removed Time Removal
County
Funded 28 70 days 4
DV Grant
Funded 98 136 days 12
These challenges have resulted in increased boating safety issues,unnecessary environmental impacts,
and additional removal costs for Monroe County. For example, a number of these vessels have gone
missing, relocated or sunk while awaiting the grant approval timeline.
Furthermore, because these revenues are part of a statewide trust fund,the annual budgetary approval
and spending authority for funding distribution is determined by the state legislature.As a result, FWC
has been challenged with inconsistent and/or significantly reduced spending authorization for this
program.
In addition, FWC has utilized these funds in response to hurricane-related derelict vessels rather than
distribution through the grant program. We do not believe the intent of this funding was to address
3446
Moniroe County I13oard of CoUlllty Cornirrd sslioneirs State l....eglidadve IFlirloir'i 'ioes�o���:�
r
natural disaster response for derelict vessels. Both of these issues have created unpredictable and
unreliable funding availability for local governments to address this critical issue.
In response, Monroe has requested that FWC consider rulemaking changes to its Derelict Vessel Grant
Program Guidelines to include the following recommendations:
a) Provide advance funding agreements to local governments to provide a set amount of annual
funding;
b) Authorize pre-award costs for removal operations.(NOTE: Monroe County is willing to provide a
25%funding match for this request);
c) Authorize pre-agreement cost reimbursement for vessels that become an `imminent threat to
public safety'in the time period between application submittal and contract execution.
REQUESTED ACTIONS:
SUPPORT programmatic, rulemaking and/or legislative changes to the Derelict Vessel Grant
Program perthe above staff recommendations.
3) Funding and Management of Monroe County Vessel Pump-out Program: The pristine waters of the
Florida Keys attract high numbers of boaters from all over the State and country. These waters are
within the Florida Keys National Marine Sanctuary and are designated as a No Discharge Zone (NDZ)
by DEP and the Sanctuary. In 203.3, Monroe County implemented a large-scale Mobile Vessel Pump-
out Program to assist boaters in complying with the NDZ. Monroe County is also launching
implementation of a Marina Pump-out Initiative to expand the number of available shoreside pump-
out facilities throughout the Keys.
Monroe County requires occupied vessels to provide a"proof of pump-out"and provides a free weekly
mobile pump-out service. Combined,these measures have ensured nearly i00%compliance with NDZ
regulations.
To date,the Mobile Vessel Pump-out Program has performed 171,000 pumpouts and has captured over
2.4 million gallons of vessel sewage.
Monroe County has traditionally supported this program through its Boater Improvement Funds,Clean
Vessel Act funding, and direct legislative appropriations.This funding makes it possible to provide the
pump-out service at no charge, which is highly effective at incentivizing boaters to pump-out and
ensuring water quality protection for public health and our marine environment.
In the 2023.session, the Legislature transferred the management and administration of the Pump-out
Program to DEP. In late 2022, contract and funding issues at DEP led to a return of the program to
Monroe County for the duration of FY 2022. The Department of Environmental Protection and County
staff have collaborated closely to ensure program continuity, proper management and oversight of the
program through these transitions.
Moving forward into the next year, we have requested that DEP include the funding, and program
management,in its agency legislative budget request.If not included,then the Countywill again pursue
a legislative appropriation to support the program. We are closely monitoring DEP's actions to
determine next steps.
REQUESTED ACTIONS:
SUPPORT DEP funding for and continued management of the pump out program.
3447
ROGOS AND WORKFORCE HOUSING
CHALLENGE: Balancing the protection of Monroe County's Rate of Growth Ordinance(ROGO)with needs
for additional workforce housing remains an important focus.
In 2o18, the State gave the County and the municipalities 1300`early evacuation" ROGOs for the purpose of
building affordable housing following Hurricane Irma. Key West, Marathon, and Islamorada adopted
ordinances accepting those ROGOS,which were challenged.
The municipalities prevailed at the Administrative Hearing but the Third District Court of Appeal reversed that
decision with respect to Marathon and Islamorada only. Those two municipalities are seeking discretionary
review in the Florida Supreme Court.
Per the Third DCA's decision, Marathon and Islamorada may not accept their share of these early evacuation
ROGOs, and by inference Monroe County may not either.
Marathon and Islamorada may seek a legislative change that would enable use of these 1,3oo early evacuation
ROGOS. That legislation may seek to amend F.S. 380.0552(9) (Florida Keys Area Protection Act's 24-hour
evacuation rule) and/or F.S. 166.04151 (Affordable Housing). If the cities seek a change to F.S. 166.04151, a
similar change to F.S. 125.01055(Affordable Housing)would be necessary for it to benefit Monroe County.
The County will monitor proposed legislative changes.
Further, Monroe will be seeking an amendment to clarify that sections in FS 125.01055 referring to affordable
housing do not negate Monroe County's Rate of Growth Ordinance. Specifically:
a. Clarify that a provision in FS 125.01055 (S13 962, 2022) that allows for residential development
regardless of zoning or a comprehensive plan, as long as 1o% of the units are used for affordable
housing does not apply in Areas of Critical State Concern, and does not override Monroe County's
ROGO.
b. Amend a `glitch" in a separate provision of FS 125.01055 (H13 7103, 2019) that sets out local
requirements for inclusionary affordable housing. The section that exempts Areas of Critical
Concern mistakenly refers to wrong subsection, which effectively carves ACSC out of a provision
we support,and includes us in the provision that intended to exempt ACSC.We also want to clarify
that this provision does not override Monroe County's ROGO.
REQUESTED ACTIONS:
MONITOR legislation that will allow the local governments in the Florida Keys to accept the 1,300
early evacuation allocations previously awarded by the State.
SUPPORT legislation to amend FS 125.0155 to exempt Areas of Critical State Concern and to clarify
that the statute's provisions do not override Monroe County's ROGO ordinance requirements.
WORKFORCE/AFFORDABLE HOUSING FUNDING
CHALLENGE: In the Florida Keys, the development restrictions, lack of building land and the expense of
construction significantly add to the cost of workforce housing development.
In recognition of our unique affordable housing challenges as an "Area of Critical State Concern," Monroe
receives a special set aside in the State's competitive annual allocation of Housing Tax Credits.
Staff works in partnership with Florida Housing Finance Corporation for awards of Tax Credits and SAIL
funding, as well with DEO to highlight the importance of funding and other incentives for preserving and
developing new workforce/affordable housing, and to address Monroe County's unique constraints.
3448
Monroe County I13oard Of CoUinty Cornirrdsslioneirs State Il....eglidadve IFlirloir'i 'ioes�o���:�
r
Monroe would also benefit from changes to property taxation or other measures that incentivize long-term
rental housing over short-term/vacation rental, or vacancy, and from allowing greater flexibility in the use of
SHIP funds. Escalating housing costs are increasingly challenging our ability to meet the statutorily required
set asides for very low and low income categories,which may preclude the County's ability to use up to 2/3rds
of our SHIP allocation. This year's allocation is s807k.
REQUESTED ACTIONS:
" SUPPORT award of Tax Credits to Monroe County, and protection of the Florida Keys set-aside;
` SUPPORT award of SAIL funding to Monroe County;
v" SUPPORT legislation that would authorize local governments to adopt ordinances to grant ad
valorem tax relief to residential properties used for the public purpose of providing
affordable/workforce rental housing,-
SUPPORT legislation that allows flexibility in SHIP funds to ensure that we can distribute the County's
full SHIP allocation; and
v" SUPPORT legislation that requires all monies from Sadowski and Local Housing Trust Funds be used
only for affordable housing.
VACATION RENTAL IMPACTS ON WORKFORCE HOUSING
CHALLENGE: Vacation rentals deplete Monroe County's already limited rental housing stock for its
workforce.
In the Florida Keys residential development— both market rate and affordable— is severely restricted. With
only a single transportation egress,and to ensure a 24-hour evacuation time priorto a major storm event,the
number of building permits allowed for Monroe County is limited by the State.
As we cannot build new housing units as needed, the proliferation of short-term vacation rentals has a
particularly severe impact.With each newvacation rental,we lose an existing, irreplaceable housing unit once
available for long-term workforce rental housing.
In orderto maintain ourworkforce,which is critical to ourtourism-based local economy, Monroe County must
be able to protect its rental housing stock, and limit its conversion/loss to vacation rentals.
Monroe County has some regulatory authoritythat has been"grandfathered"but it is not sufficient to contain
the conversion of housing units to short-term rentals.
REQUESTED ACTIONS:
v" SUPPORT legislation that provides a "carve out" for Monroe County from preemptive vacation rental
regulations via the County's status as an Area of Critical State Concern to enable the County to
amend/update our vacation rental regulations in order to preserve/increase supply of workforce housing.
` SUPPORT legislation that protects Monroe County's grandfathered vacation rental ordinance and that
would allow local governments with grandfathered ordinances to amend and update their regulations
without losing their grandfathered status.
v" SUPPORT legislation that enhances Monroe County's abilityto enforce local vacation rental regulations,
including allowing for higher penalties for violations.
` SUPPORT legislation that restores authority to local communities for the regulation of vacation rentals,
as necessary for quality of life, public safety and preservation of a traditional residential communities and
accessible and affordable permanent and long-term rental housing stock.
f::kage 1..5
3449
OCCUPATIONAL LICENSING PREEMPTION
CHALLENGE: In 2021, the Legislature passed, and the Governor signed into law HB 735, enacting Chapter
2021-214, Laws of Florida preempting local governments' ability to issue new local contractors' licenses.
Current licenses expire on July 1, 2023, after which time only State-licensed general contractors and
homeowners will be able to obtain work permits. Without a local license, small specialty contractors may not
obtain work permits, preventing them from being able to perform work in their trade.
Monroe County has over 300 local contractors many of whom have spent years working only under their local
specialty license,who no longer may pull permits as they have been doing their entire careers. The loss of this
licensing threatens their livelihoods and businesses,and they are urging Monroe County to help them by asking
state lawmakers to repeal this law.
Local licenses enable local contractors the ability to pull permits and perform work without having to obtain a
state license that may require knowledge or skills that exceed the scope of specialty contractors. Some local
contractors have been unable to qualifyto test for a state specialty license because their experience is only local
and not under a licensed state contractor, even if that experience is several decades.
Local licenses provide small contractors with a valuable marketing tool because they serve as an official,
scrutinized demonstration of their backgrounds and qualifications, enabling them to differentiate themselves
from contractors without that vetted experience.
Local licensing benefits small contractors'abilityto be hired by licensed general contractors as sub-contractors.
Because general contractors are required to carry insurance for themselves and subs, they prefer to hire sub-
contractors that are already licensed and insured,to save them the cost of having to carry additional insurance.
Local licensing also exists to protect consumers by giving consumers a tool for differentiating between
contractors with experience and qualifications from those without, and ensuring qualified workmanship by
contractors with sufficient insurance to protect homeowners and workers. Additionally, insured contractors
protect homeowners who often are not properly informed that they are at risk of liability for any harm that
befalls unlicensed, uninsured contractors working on their property.
Finally, the local licensing ensures compliance with federal regulations by requiring that contractors have
knowledge of unique local environmental regulations, like federal floodplain or Endangered Species Act
requirements. For example, fence installations in Key Deer habitat is a violation of federal law. An unlicensed
contractor may not be aware of such regulations banning fences. Violations of federal laws leave the
homeowner and the County liable.
REQUESTED ACTIONS:
SUPPORT legislation repealing Chapter 2021-214, Laws of Florida, including all the created or amended
statutory provisions presently in effect, such as s. -163.2ii, F.S.,to allow counties to retain the authority to
operate programs requiring the licensure, certification, or registration of local contractors, and other
occupations as determined by each county's governing body by ordinance or resolution.
SUPPORT amending the law to exempt Monroe County as an Area of Critical State Concern, based on the
its unique environmental sensitivity and patchwork of state and federal environmental regulations.
SUPPORT amending the law to grant local governments the ability to require special licensure if that
licensure is part of an effort to comply with the Endangered Species Act or another state or federal law.
SUPPORT amending the law to remove the expiration date of local government occupational licensing
requirements and programs existing on or before the effective date of Chapter 2021-23.4, Laws of Florida,
to ensure the health, safety and welfare of county residents and businesses.
SUPPORT changes to the requirements of State licensure to account for experience obtained under local
licensure,and any other changes that mayfacilitate State licensure for small contractors and tradespeople.
3450
Monroe County I13oard Of Coy,inty Counu°rulisslioneirs State Il....e lidadve IFlirloir'i 'ioes�o���:�
r
EMERGENCY OPERATIONS CENTER
CHALLENGE: Unanticipated cost escalation related to the construction of a permanent, hardened and
elevated Emergency Operations Center in Monroe County.
Monroe broke ground on its new EOC on October i8, 2022.The new scheduled date for substantial completion
is February 2, 2024.
The new 28,000 sq-ft EOC facility, 220 mph wind rated facility will house and support emergency preparation,
response, and recovery operations. The design is based on a 500-year storm and will include:
• Impact Rating: Windborne Debris Missile Criteria for Hurricane Shelter Safe Room (FEMA P-361/ ICC-
500);
• First-floor elevation of 20.16 ft. NAVD-88 (17 ft. above ground) due to wave action (above Base Flood
Elevation code+3);
• Self-sustaining for 72 hours for up to 15o emergency response staff, including food, drinking water,
electric power, and wastewater storage;
• Emergency communications via satellite phone/internet service.
The EOC will provide the required communications technology, power supply, and square footage space
required for the personnel from the County, State DEM, FEMA and other federal agencies, law enforcement,
and other local jurisdictions who work in the EOC to adequately conduct their emergency management
activities and coordinate their respective agency's response with overall operations.
The Monroe County multi-use EOC, centrally located on the County's Marathon Airport property, is
designed to enhance preparation and coordination with law enforcement, fire/rescue, and public works to
reduce delays, expedite recovery, and enhance interoperability pre and post storm event.
The County's First Amendmentto the CMAR agreement with Ajax Building Company adjusted the Guaranteed
Maximum price (GMP) for the construction of the new Emergency Operations Center from $27,865,199 to
$31,856,275• The $4M increased cost from the original GMP is based on escalation of the costs of
construction materials and labor. Additionally, there is $2M in other costs and associated escalation of
costs and associated expenses not included in the GMP's construction cost, such as FF&E, technology,
additional design costs, etc. The total estimated project funding shortfall is approximately$6M.
The project is funded by three grants from FDOT, FDEM (direct appropriation), and FDEM (HMGP), with the
site provided by Monroe County. Monroe County seeks State assistance for the unanticipated cost escalation.
REQUESTED ACTIONS:
SUPPORT a legislative appropriation request for $6M to assist with the cost escalations associated with
the new Emergency Operation Center.
AGRICULTURAL/AGRITOURISM PREEMPTIONS
In 2021, the Legislature passed SB 88 Farming Operations/Right to Farm and SB 13.86 Agritourism to
strengthen the State's Right to Farm law and adding local preemption protections for agritourism-based
activities.
Local governments may not adopt any ordinance, regulation, rule, or policy to prohibit, restrict, regulate, or
otherwise limit an activity of a bona fide farm operation or limits an agritourism activity on land classified as
agricultural land where such activity is regulated through implemented best management practices or interim
measures developed by the Department of Environmental Protection, the Department of Agriculture and
3451
Consumer Services, or water management districts as part of a statewide or regional program.
As such,this law allows fora property that is classified as agricultural to be exempted from building regulations,
allowing for the construction of structures/uses as long as they are non-residential, and further allowing for the
clearing protected hammock;for example erecting barns to be used as wedding venues.
REQUESTED ACTION:
SUPPORT legislation to exempt Areas of Critical State Concern, or to clarify that the use/structure on any
private property is not exempt from state and federal environmental regulations.
TRANSPORTATION
CHALLENGE: The Florida Keys is dependent upon a safe, resilient, sustainable and efficient access and travel
along US i. Traffic congestion and safety issues along this singular highway that connects the 112-mile long
chain of islands affects the health, safety, welfare, economic sustainability and quality of life of residents,
businesses and visitors.
In 2020, the Commission enlisted AECOM to develop a U.S. 1 Transportation Master Plan (TMP) identify
transportation needs, develop goals/objectives, and develop an action plan to meet those goals. The action
plan identifies potential short-term solutions (1-5 years), mid-term (6-io years), and long-term solutions (io-
ta years).
Over the past year, the Commission approved that TMP, provided a set of recommendations from the
potential solution list of projects in the TMP, and developed a ranked list of 36 Keys-wide projects(such as bus
stops, intersection improvements, turn lanes, signage, and increased public transit) and transmitted that list
to FDOT for inclusion in our work plan.A project of particular importance is the intersection of US 1, near MM
io6, a significant and costly project.
The County makes effective use of SCOP funds including the design for the milling, resurfacing and safety
upgrades of Card Sound Road.Staff continues to collaborate with District 6 staff regarding the start of the FIDE
for the Card Sound Bridge replacement.
This year,the County is also embarking on a new countywide transportation/transit initiative.
REQUESTED ACTIONS:
V SUPPORT FDOT's inclusion of prioritized projects into Monroe County's work plan.
` SUPPORT funding from FDOT for the County's Coastal Resilience Project to match the funding provided
by the US Army Corp of Engineers to stabilize six locations along US 1 identified as vulnerable to surge and
sea level rise. Monroe County has asked the Department to program $0.56 million for design to match
the USACOE congressional funding request for design now and$5.6 million for construction in future work
plans, when the USACOE seeks construction funding from Congress. USACOE will provide 65% of the
funding.
v✓` SUPPORT continuing enhanced State funding for the Small County Outreach Program (SCOP). This
funding is critical to Monroe County, which is a small county with major bridge and local road
responsibilities.
v✓° SUPPORT increased critical state funding for the Small County Road Assistance program(SCRAP).
V SUPPORT funding for all modes of the state and local transportation infrastructure network.
II::1ag4, :q.
3452
Monroe County I13oard Of CoUinty Cornirrd sslioneirs State l....e lidadve IFlirloir'i 'ioes�����:�
r
HOME RULE
CHALLENGES:
➢ Preemption of Home Rule: Home rule, conferred to Florida counties by Article VIII, Section i(f) and i(g)
of the Florida Constitution (3.968), and by section 125.o3., Florida Statutes, is the principle that the
government closest to the people is the appropriate authority to serve the needs and requirements of the
community. The preservation of this concept is essential to the operation of county governments in
Florida, and which allows counties to develop and implement county-based solutions to local problems.
o Preemption Examples:The State Legislature often pursues local government preemptions in its bills
that prohibit local governments from banning or even regulating activities enabled by the Legislature.
Commonly recognized preemptions include: vacation rental, local occupational licensing, single-use
plastic bags and Styrofoam, sunblock, home-based businesses, seaports/cruise ships, tree-trimming.
But they also include a wider range relating to agricultural, utilities infrastructure, environmental,
fees/taxation, and land use.
➢ Unfunded Mandates:The State Legislature frequently passes legislation that compels local governments
to provide a service, program, or benefit without providing the appropriate funding. Local governments
face the burden of using local tax dollars to finance functions that they have little control over and
compromising local governments'ability to provide services requested by our local communities.
➢ Cost shifts: The State Legislature frequently passes legislation that passes along the costs or increases
local share requirements for services traditionally funded by the State, such as but not limited to County
Health Departments, Courts, Clerks'offices, Juvenile Justice, and mental health services.
➢ Restrictions of County Revenue Sources:At the same time the State Legislation imposes more mandates
and costs, it often pursues legislation reducing, restricting or eliminating sources of revenue for county
services, such as the Local Business Tax, Communication Services Tax, impact fees, transportation
concurrency fees, State park admission fees, and sales taxes.
REQUESTED ACTIONS:
OPPOSE legislation that would revise current law in a manner that reduces or eliminates current local
government-related revenues or preempts home rule authority.
OPPOSE efforts to shift cost of services, implement unfunded mandates, reduce State funding for
infrastructure, programs and services, or other legislation that is costly and limits Monroe County's ability
to serve the needs of its citizens.
OPPOSE legislation that preempts the legislative and policy-making powers of counties used to regulate
land use and implement local zoning controls.
f::mage 1..9
3453
ENVIRONMENT
REQUESTED ACTIONS:
SUPPORT legislation and funding to support continued implementation of the Comprehensive
Everglades Restoration Plan.
` SUPPORT legislation and funding that protects and preserves Florida's coral reef tract.
` SUPPORT the continued designation of the Florida Keys as an Area of Critical State Concern.
` OPPOSE legislation that prevents counties from having local environmental protection programs that are
stricter in nature than State or federal regulatory programs.
v✓° OPPOSE any legislation that restricts State, county and city government purchases of conservation land,
and which would effectively eliminate land conservation efforts in the Florida Keys.
` SUPPORT legislative efforts that strengthen the existing roles and home rule powers of local governments
to implement comprehensive planning programs that guide future development and encourage the most
appropriate use of land and natural resources.
v" SUPPORT county home rule authority, and current statutory provisions, which allow counties to retain
their current transportation concurrency systems, and impact fees, as adopted by local ordinance.
SUPPORT the development and maintenance of dedicated funding of the Florida Forever Grant Program
and Florida Communities Trust that provide recreational opportunities for parks, open space, greenways
trails and conservation to help meet growth challenges and protect natural resources.
v" SUPPORT state legislation to prohibit new well stimulation activities, including hydraulic fracturing
(fracking).
` OPPOSE efforts to increase offshore drilling activities.
SUPPORT streamlining the permitting and regulatory processes for solar product manufacturers,
installers,and consumers,and further supports reducing burdensome regulations that hinder solar market
penetration.
✓ SUPPORT policies that provide appropriate resources and incentives to local governments to achieve
statewide recycling goals, and further supports comprehensive recycling initiatives that encourage
increased participation of the residential, commercial, and industrial sectors.
` OPPOSE legislation that preempts local communities from banning single use plastic bags, particularly
coastal communities where plastic bags are not only an environmental pollutant but also pose a danger
to ocean and coastal wildlife.
EMERGENCY MANAGEMENT
REQUESTED ACTIONS:
SUPPORT continued state funding for county EOCs to ensure each is able to meet the minimum structural
survivability and operational space criteria established by the state and federal government.
V SUPPORT assistance for building/identifying an Out of County Shelter for residents of Monroe County in
cases of mandatory evacuation during storm-related events and other emergencies.
3454
Monroe County I13oard Of CoUinty Cornu°nlisslioneirs State l....eglislladve IFlirloir'i 'ioes2o2
�:�
r
✓ SUPPORT increased funding to county base grant funding.
V SUPPORT polices that bolster funding of the Emergency Management Preparation And Assistance Trust
Fund (EMPA), which is to serve as a funding source for State and local emergency management,
preparedness, communication and training, and opposing legislative sweeps of these trust fund monies.
HEALTH, MENTAL HEALTH,
SOCIAL SERVICES, AND EMERGENCY MEDICAL SERVICES
REQUESTED ACTIONS:
` SUPPORT increased state general revenue funding for County Health Departments (CHDs), any State
reductions to the County Health Department Trust Funds.
" SUPPORT policies that preserve and strengthen the ability of CHDs to provide primary care and direct
patient care services, particularly in communities without adequate substitutes or alternative providers
for these services, and maintain a coordinated system of county health departments (CHDs) that is
centrally housed within the Department of Health (DOH).
` SUPPORT increased funding for core and crisis mental health and substance abuse services.
✓ SUPPORT efforts to increase supportive housing, employment and education initiatives for people with
behavioral health issues and/or disabilities.
" SUPPORT state funding forthe provision of Baker Act juvenile services and facilities in the communities in
which thei.uvenile and his/her family lives.
` SUPPORT funding for the Florida Healthy Start and Healthy Families program.
SUPPORT increased state funding and policies that reduce food insecurity, in order to: i) increase the
health and productivity of those currently without consistent access to healthy food, 2) consequently
reduce the demand for public health and human services,3)improve the financial security of those in need.
SUPPORT the continuation of a coordinated Transportation Disadvantaged(TD)system,and appropriate
and dedicated State funding for the TD program; protect the TD trust fund.
` OPPOSE policies that further shift state Medicaid costs to counties, and the continued evaluation of the
county-state cost share arrangement.
V SUPPORT State legislation drawing down federal funds made available to Florida under the PPACA to
expand health care coverage to certain individuals who earn up to 138 percent of the federal poverty level,
if such a program does not further shift Medicaid costs to counties.
` SUPPORT policies that protect the ability of counties to provide coordinated, countywide systems of
emergency medical services, and not limit the ability of county EMS transportation providers to be
reimbursed for their services.
V SUPPORT maintaining a countywide regulatory system for EMS through the current Certificate of Public
Convenience and Necessity(COPCN) process.
VETERANS
REQUESTED ACTIONS:
V SUPPORT policies that allocate state funds to hire for County Veterans Offices in counties in order to
increase services and federal benefits for Florida veterans.
f�Iage 21
3455
CLERKS FUNDING/JUDGESHIPS
REQUESTED ACTIONS:
` SUPPORT continued attention to the adequate funding for the functions of the clerks of court, including
an allocation process that result in a fair and sufficient distribution of court generated revenue.
` OPPOSE the decertification of any Monroe County Court judgeships and to any reductions to the local
judiciary.
FLORIDA RETIREMENT SYSTEM
REQUESTED ACTIONS:
` OPPOSE any benefit changes that result in an increase in the FRS county and county employee
contribution rates.
v" SUPPORT requiring all legislation that potentially results in an increase in the FRS contribution rate or the
closing of the traditional pension plan to new employees to be analyzed and evaluated to determine the
direct fiscal impact of proposed changes to all local and State government to be eligible for consideration.
LIBRARIES
REQUESTED ACTIONS:
` SUPPORT recurring and non-recurring funding of State Aid to Public Libraries Grant Program, Library
Cooperative Grant Program, Public Library Construction Grant and Career Online High School program.
COUNTY JAILS, INMATE MEDICAL COSTS, JUVENILE JUSTICE
REQUESTED ACTIONS:
` SUPPORT policies that provide Medicaid eligibility for persons incarcerated in county jails while waiting
disposition of their cases and to ensure that existing Medicaid benefits are not terminated during
incarceration.
SUPPORT policies and initiatives which reduce juvenile detention through prevention, civil citation,
treatment, and rehabilitation services.
SUPPORT policies that ensure the adequate safety supervision and facility maintenance at juvenile
residential assessment centers and secure detention facilities.
V SUPPORT state investments in juvenile facilities to improve the conditions of secure confinement for
detained youth without such costs being shifted to the counties.
V OPPOSE sentencing of State inmates to county jails, but support counties' ability to contract with the
Department of Corrections for housing State inmates.
HOMELESSNESS
REQUESTED ACTIONS:
` SUPPORT legislation that creates a dedicated State funding source for homelessness programs and
services.
v✓° SUPPORT continued coordination with the State's homeless planning council, specifically as it
recommends policies in support of the Federal Strategic Plan to End Homelessness.
3456
leioumr e County I13 and Of CoUinty Cornirrulsslioneirs State l....eglidadve IFlirloir'i 'ioes�����:�
r
` SUPPORT the development of policies that would allow local governments to work with the State and
federal government to serve target populations: the chronically homeless, Veterans and Families and
children,with particular emphasis on children aging out of the foster care system.
` SUPPORT a process that would waive the fees related to obtaining personal identification from the
State for persons identified as homeless.
OVERSEAS HERITAGE TRAIL:
PEDESTRIAN BRIDGES
Pedestrian/Fishing Bridges are an essential part of the Florida Keys Overseas Heritage Trail. They are on the
National Register of Historic Places.The Florida Keys Overseas Heritage Trail Master Plan(completed in 2000)
was prepared by Monroe County in partnership with FDEP, FDOT, and the National Park Services to fulfill the
expressed vision by Monroe County citizens to have a continuous trail along US i spanning the length of the
Keys. As such, completion of the trail is a high priority for the County, FDEP and other project stakeholders.
The bridges are in poor condition, posing hazards to trail users and boaters underneath and posing
environmental hazards to the waters of the National Marine Sanctuary. (In 203.4, DEP closed 4 of these bridges
due to their unsafe structural condition.) DEP must conduct a Preliminary Design and Engineering study(PDE)
to assess the conditions of the bridges and repair/rehabilitation options. The PDE will cost $7.5M. Possible
sources for funding include the following: inclusion in DEP's legislative budget request and TAP funds are also
a possibility, but TAP funds are also limited.
REQUESTED ACTIONS:
` SUPPORT DEP's efforts to fund the Preliminary Design and Engineering study.
3457
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
❖ Mayor Craig Cates, District i
E( 305-292-3440
❖ Mayor Pro Tern Holly Merrill Raschein, District 5
305-453-8787
❖ Commissioner Michelle Lincoln, District z
i .f:r�305-292-4512
Commissioner David Rice, District 4
9Q.C(; @Ir'013 o(� ec ,r�30S-28g-6000
❖ Commissioner Jim Scholl, District 3
VO4Y; L Qy 305-292-3430
COUNTY ADMINISTRATOR
❖ Roman Gastesi
s
d
Office:305-292-4441
Cell:305-394-1332
DIRECTOR OF LEGISLATIVE AFFAIRS
❖ Lisa Tennyson
7.. gq�gqqq��pp yq ryx q. yp yppp�y^�y^ryyry✓qpd spry pp Iµ yM ry®
dengyson." dgLL.M.�LL.4MBddLL.Nd.btl LL.).,�4..o. .iiity.. �.LL�o
Office:305-292-4441
Cell:305-So9-1709
COUNTY ATTORNEY
❖ Bob Shillinger
Office:305-292-3470
Cell:305-747-4717
LOBBYISTS
❖ Capitol Group: Robert Reyes,Tallahassee, FI 850-425-4050
❖ Anfield Consulting: Frank Bernardino,Tallahassee, FI 866-960-5939
❖ Gray-Robinson: Dean Cannon, Ryan Matthews,Angela Drzewiecki,Tallahassee, FI 850-577-9090
❖ Capital City Consulting: Nick larossi, Andrew Ketchal,Tallahassee A 850-222-9075
❖ Brightwater Strategies: Noah Valenstein,Tallahassee, FI 850-528-o66i
�'�age 24
3458