November 2019 Legislative Update

By Mark Ryan, City Manager, City of Indian Harbour Beach

As Chairperson of the FCCMA Legislative Committee I am submitting the fourth 2020 Florida Legislative Session update. The 2020 Legislative Season is now in full swing with the commencement of Interim Committee Meetings this week. As of today, November 7, 2019  1137 bills have been filed.

You have the ability to track bills through the Legislature’s website and receive notices on legislation.

Here is a synopsis of some of the bills that were filed after the previous update that you may wish to monitor. This is by no means an all-inclusive list.

• HB 339 – Drug Trafficking Offenses

Drug Trafficking Offenses: Revises minimum & maximum quantities for certain trafficking offenses; renames certain offenses; removes specified offenses; provides that courts may depart from mandatory minimum sentences for certain offenses if specified findings are made; authorizes certain persons to petition for resentencing.

• HB 353 – Weapons and Firearms

Weapons and Firearms: Provides that petition for involuntary examination serves as petition for risk protection order in certain circumstances and provides for confiscation of firearms & ammunition; requires minimum mandatory term of imprisonment for person convicted of felony while owning or having in his or her care, custody, possession, or control firearm, ammunition, or electronic weapon or device.

• HB 365/SB 770 – Property Assessed Clean Energy Program

Property Assessed Clean Energy Program: Revises definition of “qualifying improvements” to include sewage treatment and seawall improvements.

• HB 371 – Limitations on Homestead Assessments

Limitations on Homestead Assessments: Revises timeframe during which accrued benefit from specified limitations on homestead property tax assessments may be transferred from prior homestead to new homestead; revises timeframe during which an owner of homestead property significantly damaged or destroyed by named tropical storm or hurricane must establish new homestead to make certain election.

• HB 381 – State Funds

State Funds: Exempts State Housing Trust Fund & Local Government Housing Trust Fund from provision authorizing Legislature to transfer unappropriated cash balances from specified trust funds to Budget Stabilization Fund & General Revenue Fund.

• HB 405/SB 686/SB 712 – Stormwater Management Systems

Stormwater Management Systems: Directs water management districts, with DEP oversight, to adopt rules for standards relating to new development & redevelopment projects; directs DEP to incorporate such rules for district use; directs DEP & districts to amend such rules into applicant’s handbook; provides rebuttable presumption relating to water quality standards for certain systems; revises requirements for construction of certain systems; requires specified staff training; directs DEP & districts to initiate rulemaking.

• HB 415 – Workers’ Compensation Benefits For Correctional Officers

Workers’ Compensation Benefits For Correctional Officers: Provides that posttraumatic stress disorder suffered by certain correctional officers is occupational disease compensable by workers’ compensation benefits; specifies certain benefits do not require physical injury & are not subject to certain apportionment or limitations; provides time for notice of injury or death; requires employing agency to provide specified mental health training.

• HB 417/SB 606 – Anchoring Limitation Areas

Anchoring Limitation Areas: Designates specified waterways as anchoring limitation areas.

• HB 419 – Citizen Oversight of Correctional Facilities

Citizen Oversight of Correctional Facilities: Creates Citizens Oversight Council within DOC; provides for membership & terms; specifies duties & responsibilities concerning correctional & juvenile facilities; prohibits interference with day-to-day operations of facilities; prohibits discussion of council business with certain persons.

• HB 421/SB 436/SB 618 – Detention of Children

Detention of Children: Prohibits holding child being prosecuted as adult in jail or other facility intended or used for detention of adults; provides exception; requires court to consider specified factors in making certain determination; removes provisions under which court is required to order delivery of child to jail or other adult facility.

• HB 425 – Cost-Of-Living Adjustment

Cost-Of-Living Adjustment: Provides specified cost-of-living adjustment factor for members of Special Risk Class of Florida Retirement System.

• HB 441/SB 506 – Public Procurement of Services

Public Procurement of Services: Revises maximum dollar amount for construction project continuing contracts; redefines term “continuing contract” to increase maximum dollar amounts for certain professional services; requires DMS to annually adjust statutory caps for continuing contracts by rule.

• HB 449 – Early Childhood Courts

Early Childhood Courts: Authorizes circuit courts to create early childhood court programs; requires early childhood court programs have certain components; provides requirements & guidelines for OSCA when hiring community coordinators & statewide training specialist; authorizes Trial Court Budget Commission to provide funding to circuit courts that choose to establish coordination system in lieu of creating community coordinator position; requires DCF to contract with certain university-based centers; requires university-based centers to hire clinical director.

• HB 453 – Law Enforcement and Correctional Officers

Law Enforcement and Correctional Officers: Specifies allegation of misconduct may originate from any source; authorizes officer to bring action for injunctive relief if law enforcement or correctional agency fails to comply with specified provisions; provides presumption of irreparable harm.

• HB 455 – Traffic Offenses

Traffic Offenses: Provides criminal penalties for person who commits moving violation that causes serious bodily injury to or death of vulnerable road user; requires person to pay specified fine, serve minimum period of house arrest, & attend driver improvement course; requires court to revoke person’s driver license for minimum specified period; defines “vulnerable road user.”

• HB 457/SB 670 – Smoking

Smoking: Authorizes counties to restrict smoking within boundaries of certain public beaches & public parks; prohibits smoking within boundaries of state park.

• HB 459 – Building Design

Building Design: Provides regulations relating to building design elements may not be applied to certain structures; provides affected party may submit certain local government regulations to Florida Building Commission for review; provides for enforcement of such regulation.

• HB 465/SB 676- High-Speed Passenger Rail Safety

High-Speed Passenger Rail Safety: Provides for regulation of railroad companies; requires training for local emergency services under certain circumstances; provides requirements for railroad company reporting & DOT website publication; provides minimum safety standards for high-speed passenger rail; designates responsibility for maintenance of certain safety improvements; provides safety inspection requirements; requires certain fencing; provides liability for failure to construct or maintain fencing; provides for enforcement.

• HB 473/SB 616 – Background Screening

Background Screening: Prohibits employers from excluding applicants from initial interview for employment under certain conditions; provides exceptions; provides civil penalty; requires DEO to enforce act.

• HJR 477 – Supermajority Vote Required to Impose, Authorize, or Raise Local Taxes or Fees

Supermajority Vote Required to Impose, Authorize, or Raise Local Taxes or Fees: Proposes amendment to constitution to prohibit municipality, county, school board, or special district from imposing, authorizing, or raising local tax or fee except by vote approved by two-thirds of membership of relevant jurisdiction, & requires any such proposed local tax or fee imposition or increase to be contained in separate resolution or ordinance.

• HB 487 – Fire Prevention and Control

Fire Prevention and Control: Creates Firefighter Cancer Decontamination Equipment Grant Program for certain purposes; requires Division of State Fire Marshal to administer program & annually award grants to qualifying fire departments; requires State Fire Marshal to adopt rules & procedures; provides eligibility requirements; provides requirements for grant recipients.

• HB 493 – Community Development Districts

Community Development Districts: Authorizes certain entities to petition court to dissolve community development district with outstanding financial obligations or operating or maintenance responsibilities; provides procedures to be used by court in appointing receivers; specifies court authorities in issuing orders concerning duties of receiver.

• HB 499/SB 718 – Domestic Violence

Domestic Violence: Revises prohibition on sale or transfer of firearms to persons convicted of misdemeanor domestic violence offenses; prohibits persons convicted of misdemeanor offense of domestic violence from possessing firearm or ammunition; requires persons convicted of misdemeanor offenses of domestic violence to surrender all firearms & ammunition; provides requirements for law enforcement officers carrying out court order & taking possession of firearms & ammunition; requires all law enforcement agencies to develop certain policies & procedures; authorizes defendant to elect to transfer all firearms & ammunitions that he or she owns to another person.

• SB 502 – Emergency Mitigation and Response

Emergency Mitigation and Response: Establishing the Hurricane Michael Recovery Task Force adjunct to the Division of Emergency Management to make recommendations to the Legislature regarding additional assistance needed in the response to recovery from and mitigation of the effects of Hurricane Michael in certain areas; requiring the task force to review the local, state, and federal activities conducted and the resources provided in such areas, the effectiveness of such efforts, and any additional assistance necessary; subject to the appropriation of funds, creating the Hurricane Housing Recovery Program to provide funds to local governments for certain affordable housing recovery efforts, etc.

• SB 504 – Local Government Public Construction Works

Local Government Public Construction Works: Requiring the governing board of a local government to consider estimated costs of certain projects using generally accepted cost-accounting principles that account for specified costs when the board is making a specified determination; prohibiting a local government from performing a project using its own services, employees, and equipment if the project requires an increase in the number of government employees or an increase in certain capital expenditures, etc.

• HB 507 – Injured Police Canines

Injured Police Canines: Authorizes life support services to transport injured police canines under certain circumstances; authorizes paramedic or emergency medical technician to provide emergency medical care to injured police canines under certain circumstances; provides immunities.

• HB 509 – Companion Animal Public-Private Partnership Act

Companion Animal Public-Private Partnership Act: Prohibits animal shelters from euthanizing animals under certain conditions; requires animal shelters to release animals to rescue organizations; provides exceptions.

• HB 511/SB 732 – Insulation Products

Insulation Products: Specifies person who takes actions relating to interior building envelope insulation products without having test report is subject to Florida Deceptive & Unfair Trade Practices Act; requires that such test report be provided, upon request, to local building official.

• HB 513 – Heat Illness Prevention

Heat Illness Prevention: Requires certain employers to provide drinking water, shade, & annual training to employees & supervisors; requires DACS & DOH to adopt specified rules.

• SB 514/HB 223- Homestead Exemptions

Homestead Exemptions: Providing that a person or family unit receiving or claiming the benefit of certain ad valorem tax exemptions or tax credits in another state is entitled to the homestead exemption in this state if the person or family unit demonstrates certain conditions to the property appraiser; providing that homestead exemption forms prescribed by the Department of Revenue may include taxpayer information relating to such ad valorem tax exemptions or tax credits in another state, etc.

• HB 519 – Private Property Rights Protection

Private Property Rights Protection: Revises notice of claim requirements for property owners; revises procedures for determination of compensation; creates presumption that certain settlements of claims apply to all similarly situated residential properties within political subdivision under certain circumstances; authorizes property owners to bring claims against governmental entities in certain circumstances; provides that property owners are not required to submit formal development applications or proceed through formal application processes to bring claims in specified circumstances; authorizes property owners to bring actions to declare prohibited exactions invalid; requires DOT to afford right of first refusal to previous property owner before disposing of property in certain circumstances.

• SB 520 – Drones

Drones: Expanding the authorized uses of drones by law enforcement agencies and other specified entities for specified purposes, etc.

• SB 528 – Nonemergency Medical Transportation Services

Nonemergency Medical Transportation Services: Authorizing certain transportation brokers and licensed basic life support or licensed advanced life support ambulance services to provide nonemergency Medicaid transportation in permitted ambulances in any county at the request of a certain eligible plan and without obtaining a certain certificate, etc.

• HB 535 – Hospital Districts

Hospital Districts: Exempting certain hospital districts from contributing to the redevelopment trust fund for community redevelopment agencies under specified conditions.

• HB 537/SB 778 – Home-Based Businesses

Home-Based Businesses: Specifies conditions under which business is considered home-based business; authorizes home-based business to operate in residential zone; preempts to state licensure & regulation of home-based businesses & prohibits local government from actions relating to licensure & regulation of home-based businesses.

• SB 538 – Emergency Reporting

Emergency Reporting: Requiring a county or municipality to report certain incidents to the State Watch Office within the Division of Emergency Management; authorizing the division to establish guidelines to specify additional information that must be provided by a reporting county or municipality, etc.

• HB 549/SB 812 – Pub. Rec./Site-specific Location Information of Endangered and Threatened Species

Pub. Rec./Site-specific Location Information of Endangered and Threatened Species: Provides exemption from public records requirements for site-specific location information of endangered & threatened species; provides for future legislative review & repeal of exemption; provides statement of public necessity.

• HB 551 – Transportation Disadvantaged

Transportation Disadvantaged: Requires increase & support of programs that enhance cross-county mobility for specified purposes for transportation disadvantaged; requires evaluation of multicounty or regional transportation opportunities to increase & support such programs; requires Commission for Transportation Disadvantaged to develop disability sensitivity training program & A Ride Away Program; provides program requirements; requires possession of certain identification issued by commission; requires motor vehicles used to provide transportation disadvantaged services to be equipped with cameras & GPS.

• SB 562 – Use of Force by Law Enforcement Officers

Use of Force by Law Enforcement Officers: Revising the circumstances under which a law enforcement officer is authorized to use objectively reasonable force; revising the circumstances under which a law enforcement officer is authorized to use deadly force; prohibiting a law enforcement officer from using deadly force against a person under certain circumstances, etc.

• HB 569 – Diesel Exhaust Fluid

Diesel Exhaust Fluid: Requires presence, storage, or use of diesel exhaust fluid at public airport to be phased out by certain date; requires managers of certain public airports to create safety mitigation & exclusion plan for submission to DEP; provides plan requirements; requires annual certification of plan by DEP until all diesel exhaust fluid has been removed; prohibits presence, storage, or use of diesel exhaust fluid at public airport after certain date.

• HB 573 – Peer-to-Peer Support for First Responders

Peer-to-Peer Support for First Responders: Prohibits certain persons who provide peer-to-peer support to first responders from testifying or divulging specified information; prohibits liability & cause of action.

• HB 579/SB 178 – Public Financing of Construction Projects

Public Financing of Construction Projects: Requires sea level impact projection study of state-financed coastal structures before construction begins; requires DEP to develop study standards, publish studies on its website, enforce requirements, & adopt rules.

• SB 590 – Clerks of the Court

Clerks of the Court: Deleting a requirement that the Justice Administrative Commission provide funds to the clerks of the court to compensate jurors and pay for certain expenses and certain jury-related personnel costs; providing the purpose of the Clerks of the Court Trust Fund within the Department of Revenue; requiring the distribution of certain funds to cover projected revenue deficits; requiring the department to deposit certain funds into the trust fund for purposes of compensating jurors and paying certain expenses and certain jury-related personnel costs, etc.

• SB 592/HB6039 – Identification of Underground Facilities

Identification of Underground Facilities: Deleting a preemption to the state for the regulation of the types of paint or marking device or the removal of such marks that are used to identify underground facilities, etc.

• SB 630 – Regulation of Smoking

Regulation of Smoking: Authorizing municipalities and counties to further restrict smoking within the boundaries of certain public parks, etc.

• SB 634 – Lawful Ownership, Possession, and Use of Firearms and Weapons

Lawful Ownership, Possession, and Use of Firearms and Weapons: Prohibiting a person from owning, possessing, and lawfully using firearms and other weapons, ammunition, and supplies while engaging in certain lawful uses if he or she is within a specified distance of the real property of certain locations, etc.

• SB 656 – Arrests

Arrests: Authorizing warrantless arrests when a law enforcement officer has probable cause to believe that a person has violated s. 790.22, F.S., etc.

• SB 690 – Water Resources

Water Resources: Requiring the Department of Environmental Protection to conduct a comprehensive and quantitative needs-based overview of this state’s water resources; specifying requirements for the overview; requiring the department to submit a report every 5 years to the Governor and the Legislature by a specified date, etc.

• SB 694/SB 810- Nicotine and Tobacco Products

Nicotine and Tobacco Products: Defining the term “electronic smoking device”; redefining the term “tobacco products”; revising exemptions to the prohibition of the sale or delivery of tobacco products; deleting a provision that allows the sale or delivery of tobacco products from a vending machine equipped with a certain device; prohibiting a dealer from selling flavored e-liquid; providing that certain statements and claims are presumptive evidence that e-liquid is flavored e-liquid, etc.

• SB 702 – Petroleum Cleanup

Petroleum Cleanup: Revising requirements for a limited contamination assessment report required to be provided by a property owner, operator, or person otherwise responsible for site rehabilitation to the Department of Environmental Protection under the Petroleum Cleanup Participation Program; revising the contents of an advanced cleanup application to include a specified property owner or responsible party agreement, etc.

• SB 710 – Florida Building Code

Florida Building Code: Requiring that the Florida Building Code require that the entire envelope of certain buildings being constructed or rebuilt be impact resistant and constructed with high wind-resistant construction materials; requiring that all parts or systems of a building or structure envelope meet impact test criteria or be protected with an external protection device that meets such criteria; providing exceptions, etc.

• SB 712 – Water Quality Improvements

Water Quality Improvements: Citing this act as the “Clean Waterways Act”; requiring the Department of Environmental Protection, in coordination with the Department of Health, to develop a report to be submitted to the Legislature by a specified date on the impacts of a type two transfer of the onsite sewage program of the Department of Health to the Department of Environmental Protection; revising the requirements for a basin management action plan for an Outstanding Florida Spring; requiring the department, subject to legislative appropriation, to establish a real-time water quality monitoring program; establishing a wastewater grant program within the Department of Environmental Protection, etc.

• SB 722 – Land Acquisition Trust Fund

Land Acquisition Trust Fund: Requiring that certain funds distributed into the Land Acquisition Trust Fund be used for conservation and management projects in certain counties; providing the types of projects for which the Department of Environmental Protection may use such funds, etc.

• SB 724 – Local Government Recycling Programs

Local Government Recycling Programs: Extending the goal date for the recycling of 75 percent of recyclable solid waste by counties other than fiscally constrained counties; requiring a report to the Legislature by a specified date, etc.

• SB 752 – Emergency Sheltering of Persons with Pets

Emergency Sheltering of Persons with Pets: Requiring counties to designate at least one shelter that can accommodate persons with pets; specifying requirements for such shelters, etc.

• SB 766 – Local Government Accountability

Local Government Accountability: Requiring the Commission on Ethics to create the Local Government Lobbyist Registration System; prohibiting a person from lobbying a governmental entity absent registration with the commission; requiring the commission to publish a lobbyist directory; requiring boards of county commissioners and governing bodies of municipalities, respectively, to provide notice of certain meetings in a specified manner, etc.

• SB 768 – Local Government Lobbyist Registration Fees

Local Government Lobbyist Registration Fees: Authorizing the Commission on Ethics to establish a lobbyist registration fee by rule; specifying limitations for such fee; specifying that a registration is incomplete until the commission receives a registration fee; prohibiting governmental entities from charging fees for lobbyist or principal registration, etc.

• SB 788 – Statewide Active Shooter Response Planning

Statewide Active Shooter Response Planning: Requiring the Department of Law Enforcement, in consultation with law enforcement agencies throughout the state, to establish a uniform statewide rule on preparing for and responding to active shooters; requiring each law enforcement agency to adopt an active shooter policy or rule, as appropriate, by a specified date, etc.

• SB 796 – Special Risk Class of the Florida Retirement System

Special Risk Class of the Florida Retirement System: Adding to the class certain employees of specified state hospitals and other facilities who spend a certain amount of time performing duties that involve contact with patients or inmates; declaring that the act fulfills an important state interest, etc.

• SB 804 – Employee Organization Dues and Uniform Assessments

Employee Organization Dues and Uniform Assessments: Revising the requirements for an employee to authorize the deduction and collection of dues and uniform assessments by an employer; revising when such deductions commence; providing requirements for forms that authorize such deductions, etc.

• SB 824 – Clean Energy Programs

Clean Energy Programs: Creating the Property Assessed Clean Energy (PACE) Act; authorizing a property owner to apply to a local government or an approved PACE administrator to finance a qualifying improvement and enter into a PACE loan contract with such government or administrator; prohibiting a local government, a PACE administrator, or a PACE loan contractor from entering into a PACE loan contract with the property owner of qualifying residential real property until verification of the property owner’s ability to repay the loan, etc.

• SB 826 – Marina Evacuations

Marina Evacuations: Prohibiting vessels under a specified weight from remaining in certain marinas that have been deemed not suitable for refuge during a hurricane after the issuance of a hurricane watch or warning for the waters of the marina; providing for civil penalties, etc.

• HB 6043 – Preemption of Recyclable and Polystyrene Materials

Preemption of Recyclable and Polystyrene Materials: Removes prohibition of local laws relating to regulation of auxiliary containers, wrappings, & disposable plastic bags; repeals preemption of local laws relating to use or sale of polystyrene products to DACS.

The following are key dates for the upcoming 2020 Legislative Session.

December 9-13, 2019    Legislative Interim Committee Week

January 14, 2020            2020 Legislative Session Begins

March 13, 2020              2020 Legislative Session Ends

As stated in my previous article, over the next six months I will attempt to provide updates on legislation that may be important to you and your local government.  I encourage you to stay active in this process, build a relationship with your local legislator, and respond to requests for information, or respond directly to legislators when alerts or notices are submitted.