Becker & Poliakoff

Becker’s State Lobbying Update: Week 4, January 29 – February 2, 2024

Becker’s State Lobbying Update: Week 4, January 29 – February 2, 2024

Budget

HB 5001- General Appropriations Act by House Appropriations Committee and Chair Leek

SB 2500- Appropriations by Senate Appropriations Committee

The budgets proposed by the House and Senate were heard in the Appropriations Committee on Wednesday, January 31. Lawmakers discussed the spending plan for the upcoming year with the House proposing a spending package of $115.5 billion and the Senate proposing a spending package of $115.9 billion.  These spending packages are 2 to 3% less than in prior years as the State will no longer receive the billions of federal dollars that were received during the COVID pandemic.  Spending plans include providing Medicaid rate increases for nursing homes and pediatric physicians, a 2.5% per-pupil increase for the state’s nearly 3.2 million students, and funding for the Everglades and water quality improvements.  The Senate spending package includes $716 million for the “Live Healthy” initiative that will bolster the state’s health workforce. Both HB 5001 and SB 2500 will be heard in their respective Chambers on Wednesday, February 7, 2024.

Education

HB 109- Charter Schools by Representative Andrade

SB 246- Conversion Charter Schools by Senator Harrell

HB 109 by Representative Andrade would allow municipalities to easily convert public schools into charter schools by submitting an application to convert to charter status.  Currently, only district school boards can make that change, and only with the approval of at least half of the teachers at the school.  Under this legislation, the requirement to have the support of at least 50 percent of the teachers employed at the school is removed.  The bill authorizes the Charter School Review Commission (CSRC) to solicit and review applications for conversion charter schools.  The bill also authorizes the Department of Education and the Department of Management Services to designate vacant school district property as surplus if the school district has experienced a decline in student enrollment of one percent or more for at least two consecutive years.  If within six months after being designated as surplus, the real property is not used by the charter school or charter school governing board, the property must be made available for affordable housing within the county.  This bill passed its first committee of reference, Choice & Innovation, with a vote of 12 Yeas and 5 Nays.  It is now waiting to be heard in its second committee of reference, the PreK-12 Appropriations Subcommittee.  Its Senate companion, SB 246 by Senator Harrell was referred to three committees and has not yet been heard.

Healthcare

HB 915 – Outpatient Mental Health Services by Representative Daley

SB 960 – Outpatient Mental Health Services by Senator Berman

HB 915 by Representative Daley modifies the Baker Act and the statutory mental health examinations and treatment process. The bill intends to streamline the process for obtaining involuntary services by combining the process for courts to order individuals to involuntary outpatient services and involuntary inpatient placement in the Baker Act. It prohibits a receiving facility from releasing a patient from involuntary examination outside the facility’s ordinary business hours if the examination period ends on a weekend or holiday. It specifies that the 72-hour examination begins when a patient arrives at the facility. Witnesses can appear and testify remotely under oath at a hearing for involuntary services. This bill will require the Department of Children and Families to publish specific reports on its website. It passed its first committee of reference, Children, Families & Seniors, with a vote of 15 Yeas and 0 Nays. It is now awaiting scheduling for its second committee of reference, Appropriations. The Senate companion, SB 960 by Senator Berman, was referred to three committees and has yet to be heard.

Local Administration

SB 104 – Municipal Water and Sewer Utility Rates by Senator Jones

HB 47 – Municipal Water and Sewer Utility Rates by Representative Robinson

SB 104 by Senator Jones revises how municipalities can charge their customers based on location within and outside the municipality’s boundaries. Any municipality operating a water or sewer utility may charge the same rate, fees, and charges as consumers inside the municipal boundaries. The municipality may add a surcharge of no more than 25 percent to the consumers outside the boundaries. All rates, fees, or charges may not exceed 50 percent more than the total amount the municipality charges customers served within the municipality for the corresponding service. These rates may not be fixed until a public hearing allows consumers, tenants, and others interested to be heard concerning the rates. The bill passed favorably in its first committee of reference with a vote of 6 Yeas and 0 Nays. It is scheduled to be heard in its second committee, Community Affairs, on Tuesday, February 6th at 3:00 pm. Its House companion, HB 47, by Representative Robinson, has passed two committees of reference with a vote of 16 Yeas and 0 Nays. It is now awaiting scheduling for its final committee of reference, Commerce.

HB 59 – Provision of Homeowners’ Association Rules and Covenants by Representative Arrington

SB 50 – Provision of Homeowners’ Association Rules and Covenants by Senator Stewart

HB 59 by Representative Arrington requires a homeowners’ association (HOA) to provide a physical or digital copy of the HOA’s rules and covenants to every member before October 1, 2024. Provide every new member with a physical or digital copy of the HOA’s rules and covenants. An updated copy must be provided to every member if the HOA’s rules are amended. An HOA may sanction rules to establish a timeframe for distributing these updated copies of the rules or covenants. These requirements can be met by posting the complete rules and covenants on the HOA’s website or mailing the rules. The bill passed favorably in its first committee of reference with a vote of 14 Yeas and 0 Nays. It is now waiting to be heard in its second committee, Civil Justice. Its Senate companion, SB 50, by Senator Stewart, has passed its first reference committee with a vote of 7 Yeas and 0 Nays. It is scheduled to be heard in its second committee, Community Affairs, on Tuesday, February 6, 2024, at 3:00 pm.

SB 7028 – My Safe Florida Home Program by Banking and Insurance Committee

HB 1263 – My Safe Florida Home Program by Representative LaMarca

SB 7028 by the Banking and Insurance Committee amends the My Safe Florida Home Program (MSFH). This program provides licensed inspectors to perform hurricane mitigation inspections of eligible homes and grants to fund hurricane mitigation projects on those homes. This bill allows subsequent applications for the mitigation inspection or grant and requires that applicants receive an inspection even if they do not qualify for the mitigation grant. It also requires the Department of Financial Services (DFS) to prioritize the review and approval of inspection applications and grant applications. This bill removes several provisions and revises provisions to provide better clarity to homeowners. The bill passed its two committees of reference with a vote of 20 Yeas and 0 Nays and is scheduled for a 2nd reading on Wednesday, February 7, at 9:00 am. Its House companion, HB 1263, by Representative LaMarca, has passed its first committee of reference with a vote of 18 Yeas and 0 Nays. It is now waiting to be scheduled for its second committee.

Criminal Justice

HB 17 – Expiration of the Mandatory Waiting Period for Firearm Purchases by Representative Rudman

SB 1124 – Mandatory Waiting Period for Handgun Purchases by Senator Martin

HB 17 by Representative Rudman amends the mandatory waiting period for all firearm purchases from a federal firearms licensee (FFL) to expire three days after the purchase of the firearm, excluding weekends and legal holidays, regardless of whether a background check has been completed. The Florida Constitution prohibits an FFL from transferring a firearm to a purchaser unless the purchaser has successfully completed the background check with confirmation that they are not prohibited from purchasing one, regardless of the length of time required to complete a background check. It passed its first committee of reference, Criminal Justice, with a vote of 11 Yeas and 5 Nays. It is now awaiting scheduling for its second and last committee of reference, the Judiciary. Its Senate companion, SB 1124 by Senator Martin, was referred to three committees and has yet to be heard.

SB 340 – Intentional Damage to Critical Infrastructure by Senator Yarborough

HB 275 – Offenses Involving Critical Infrastructure by Representative Canady

SB 340 by Senator Yarborough creates s. 812.141, F.S., to generate new criminal penalties for critical infrastructure offenses. Improperly tampering with critical infrastructure that results in damage and physically tampering with or inserting a computer virus into the computer network or electronic device is a second-degree felony. Trespassing on physical critical infrastructure and accessing a computer system or network that is used by a critical infrastructure without authorization is a third-degree felony. This new statute defines “critical infrastructure” as a power generation, chemical manufacturing facility, cyber or virtual assets, and numerous others. Any person who is found in a civil action to have improperly tampered with critical infrastructure based on a conviction is civilly liable to the owner in an amount three times the amount of the actual damage that occurred by the owner, or three times any claim made against the owner for any property damage, personal injury, or wrongful death caused by the act. It passed its second committee of reference with a vote of 7 Yeas and 0 Nays. It is now waiting to be heard in its final committee, Fiscal Policy. Its House companion, HB 275, by Representative Canady, has favorably passed two committees of reference with a vote of 7 Yeas and 0 Nays. It is now in its final committee, Judiciary, awaiting a hearing date.

Energy

HB 1645 – Energy Resources by Representative Payne

SB 1624 – Energy Resources by Senator Collins

HB 1645 by Representative Payne is an extensive bill establishing guidelines for Florida’s energy policies. This bill updates the duties of the Department of Agriculture and Consumers Services (DACS) to be consistent with the new energy policies implemented and updates energy policy statements in current law. The Public Service Commission (PSC) has many requirements to help the state’s energy goals, such as retiring power plants that must be decommissioned, developing smart grid policies, and many other duties. The Electric Vehicle Battery Deposit Program was created in this bill to dispose of and recycle electric vehicle batteries. The Department of Transportation (DOT) must study and evaluate the potential development of hydrogen fueling infrastructure. The bill passed its first committee of reference with a vote of 16 Yeas and 0 Nays. It is now waiting to be scheduled for its second committee, Appropriations. The Senate companion, SB 1624, by Senator Collins, has passed its first committee of reference with a vote of 4 Yeas and 2 Nays. It is now waiting to be heard in its second committee, Appropriations on Agriculture, Environment and General Government.