“Where Are We in the Process?”
As the legislative session approaches its conclusion, it’s a critical time for many bills that are still in the pipeline. The 50th Day, a significant milestone in the legislative calendar, is on Tuesday, February 27th. This day marks a period when the focus sharpens on advancing bills through the necessary committee hearings to have a chance at becoming law. However, the reality is stark for many pieces of legislation.
With several bills still requiring multiple committee hearings and the fact that many committees have stopped scheduling new meetings, it seems inevitable that a substantial number of bills will not progress further in this session. The fact that over 700 general bills remained unheard by the past weekend highlights the scope of proposed legislation that is still at risk of not progressing forward.
Budget
One thing that the Legislature is responsible for is enacting a balanced budget. Although negotiations (conference) haven’t begun at this point, they are scheduled to occur in the eighth week. The deadline to finalize the budget is set for Tuesday, March 5th, in adherence to the required “72-hour” cooling-off period.
Tax Package
HB 7073 – Taxation by Ways & Means Committee
SB 7074 – Taxation by Finance and Tax Committee
HB 7073 by Representative McClain increases Florida’s Strong Families Tax Credit cap, revises definitions and provisions related to taxes, and establishes various tax holidays. The bill was amended to require insurers to give homestead property owners a deduction on their residential property insurance premiums in the amount of 1.75% of the policyholder’s total premium. This applies to policies with coverage for 12 months effective October 1, 2024, and before September 30, 2025. HB 7073 favorably passed its only committee of reference, Appropriations, with a vote of 25 Yeas and 4 Nays. It has now been placed on the calendar for a second reading. Its Senate Companion, SB 7074, includes a proposal by Governor DeSantis that would give homeowners a one-year lull on state taxes and assessments charged on flood insurance policies enacted or renewed after July 1. The 1.75% tax credit on insurance rates for homes under $750,000 for one year, would save homeowners$363.2 million over the next two years. The bill favorably passed its first committee of reference, Finance and Tax, with a vote of 6 Yeas and 0 Nays. It was later referred to its final committee, Appropriations, and is scheduled to be heard on Wednesday, February 27th, at 9:00 am.
Property Insurance Package
HB 1503 – Citizens Property Insurance Corporation by Representative Esposito
SB 1716 – Citizens Property Insurance Corporation by Senator Boyd
HB 1503 establishes new provisions and revises existing ones for Citizens Property Insurance Corporation. This bill introduces a requirement for the corporation to secure flood insurance as a condition of coverage for personal lines residential risks, implementing flood coverage requirements based on dwelling replacement cost value and property location. The bill revises the implementation schedule for flood coverage requirements, delineating specific dates and coverage values for adherence. The bill unanimously passed in its final committee, Commerce, and is awaiting to be heard on the House floor for a second reading. SB 1716, amends Florida Statute Section 627.351, enhancing the operating framework of the Citizens Property Insurance Corporation and revising requirements for policyholder eligibility, insurance coverage provisions, and depopulation strategies. SB 1716 is scheduled to be heard in its final committee, Fiscal Policy on Tuesday, February 27th at 9:00 am.
HB 1149 – Policy Cancellations and Non renewals by Property Insurers by Representative Botana
SB 1104 – Policy Cancellations and Non renewals by Property Insurers by Senator Bradley
HB 1149 by Representative Botana restricts property insurers from canceling or not renewing policies for dwellings damaged by covered perils until repair completion or one policy renewal, with exceptions. The bill mandates a 45-day advance written notice for nonrenewal and lists valid reasons for nonrenewal. The bill also allows cancellation or nonrenewal before repair under specific conditions such as nonpayment of premium, no insurable interest by the insured, material misstatement, or fraud related to the claim. This bill unanimously passed its final committee, Commerce, and is now waiting to be scheduled on the House floor. SB 1104, is scheduled to be heard in its final committee, Rules, on Monday, February 26th at 2:00 pm.
HB 1611 – Insurance by Representative Stevenson
SB 1622 – Insurance by Senator Trumbull
HB 1611 by Representative Stevenson revises insurance regulation, focusing on market conduct examinations, reporting requirements, rules for nonrenewal of policies, requirements for self-insurance funds, prohibitions on policy cancellation or nonrenewal under certain conditions, rate filing specifications, and introduces rules for reciprocal insurers and their operations. This bill would also cap property insurance rates for Citizens policyholders who are forced into the state-backed last-resort insurance pool. This bill unanimously passed in its final committee, Commerce, and is now waiting to be heard on the House floor. SB 1622, is scheduled to be heard in its final committee, Fiscal Policy, on Tuesday, February 27, 2024, at 9:00 am.
Children and Families
HB 1 – Social Media Use for Minors by Representative (s) Sirois and McFarland
HB 1 aims to protect minors online by regulating social media and online content distribution, defining various terms, and establishing verification methods to prevent minors’ access to harmful materials. The bill requires social media platforms to prohibit children under the age of 16 from creating an account and to verify the age of new account holders using either anonymous or standard age verification methods. The bill also requires social media platforms, that have existing accounts belonging to minors under the age of 16, to terminate the account, allow an account holder or confirmed parent or guardian to terminate the account, and permanently delete all personal information held by the social media platform relating to the terminating account. The bill would allow 16- and 17-year-olds to continue to have social media accounts, but the platforms would be required to provide them with certain disclosures, disclaimers, and other information. The bill also authorizes the Department of Legal Affairs to enforce violations under the Florida Deceptive and Unfair Tade Practices Act, with penalties up to $50,000 per violation and provisions for punitive damages. A House Speaker priority, the bill passed favorably through all assigned committees and passed the House floor in a vote of 106 Yeas and 13 Nays. After being referred to Fiscal Policy and passing that committee, it moved to the Senate floor, where it was read a third time and passed with a vote of 23 Yeas and 14 Nays. It was immediately certified and is in returning messages for the House. HB 1 passed favorably again on the House floor with a vote of 108 Yeas and 7 Nays. It has now been signed by presiding officers and presented to the Governor. The Governor must act on this bill by Friday, March 1, 2024. The bill is effective on July 1, 2024.
HB 1471 – Public Employees by Representative Black
SB 1746 – Public Employees by Senator Ingoglia
HB 1471 by Representative Black aims to modify the collective bargaining power for public employees in Florida. Exemptions from “certain requirements” apply to a bargaining unit with many employees eligible for representation employed as law enforcement officers, correctional officers, correctional probation officers, firefighters, 911 safety telecommunicators, emergency medical technicians, or paramedics. For mass transit employees, the due deduction exemption may only be applied to those who submit a membership authorization form to their employer as part of the authorization for dues deduction. This bill removes the requirement that an employee organization submit an audited financial statement and instead requires financial statements to be prepared by an independent CPA. The financial statement submitted with a registration renewal application must include the employee organization’s disbursements reported by category for the preceding fiscal year. This bill has favorably passed each committee of reference and is waiting to be placed on the calendar for a reading. Its Senate companion, SB 1746, by Senator Ingoglia, was read a third time and immediately certified. It is now in Messages and headed to the House floor.
Commerce
SB 1420 – Department of Commerce by Senator Burgess
HB 1419 – Department of Commerce by Representative Tuck
SB 1420 by Senator Burgess makes several changes that impact the Department of Commerce (DCM). The bill extends the repayment period of the Local Government Emergency Revolving Bridge Loan Program from 5 to 10 years and directs the DCM to amend the existing loans executed before February 1, 2024, to increase the loan term to a total of 10 years from the original date of the execution. As for the department itself, it is required to establish a direct support organization (DSO) and create a Supply Chain Innovation Grant Program within the department. This bill has favorably passed each committee of reference and has been placed on the calendar for a second reading. Its House companion, HB 1419, by Representative Tuck, has favorably passed two committees of reference and is waiting to be heard in its final committee, Commerce.
HB 471 – Valuation of Timeshare Units by Representative Fine
SB 886 – Valuation of Timeshare Units by Senator Gruters
HB 471 by Representative Fine outlines the process for appealing a property appraiser’s valuation of timeshare units. To determine whether the number of timeshare unit resales is sufficient for an appeal of a property appraiser’s valuation of timeshare units with more than 300 units, the taxpayer should provide a reasonable number of resales within the same timeshare development that is supported by the latest standards established by the Uniform Standards of Professional Appraisal Practice. This bill was read a third time on the floor and favorably passed with a vote of 82 Yeas and 33 Nays. It is now in Messages and has been referred to the Appropriations Committee. Its Senate companion, SB 886, by Senator Gruters, has passed two committees of reference and is awaiting scheduling in its final committee, Appropriations.
Infrastructure
SB 742 – Public Works Projects by Senator Grall
HB 705 – Public Works Projects by Representative Shoaf
SB 742 by Senator Grall revises the definition of a “public works project” as an activity that is paid for with any local or state-appropriated funds, and that consists of the construction, maintenance, repair, renovation, remodeling, or improvement of certain infrastructure projects owned in whole or in part by any political subdivision. This excludes the provision of goods, services, or work incidental to the public works projects in specific occurrences. This bill prohibits the state or any political subdivision from preventing a certified contractor from participating in the bidding process based on the geographic location of the contractor’s headquarters or office if the project is paid solely with local funds. The bill has favorably passed each committee of reference and is waiting to be read on the floor. Its Senate companion, HB 705, by Representative Shoaf, has favorably passed each committee of reference and has been placed on the calendar for a second reading.
Local Administration
HB 1177 – Land Development by Representative Duggan
SB 1110 – Land Development by Senator DiCeglie
HB 1177 by Representative Duggan grants counties the power to hear final decisions made by municipal historic preservation boards. This bill prevents local governments from requiring specific approvals or fees before allowing the modification or clearing of a tree on property designated for the construction of a veteran’s healthcare facility. Local governments are required to implement transportation concurrency, which entails providing credit for the fair market value of any dedicated land and allowing fees based on a cumulative analysis of previously unanalyzed stages or phases of trips. The bill also revises the application of credits against local impacts for the Development of Regional Impacts (DRIs). DRIs are developments that significantly impact the health, safety, or welfare of citizens of more than one county due to their character, magnitude, or location. The bill has favorably passed each committee of reference and has now been placed on the calendar for a second reading. Its Senate companion, SB 1110, by Senator DiCeglie, was referred to three committees of reference and has yet to be heard.
SB 438 – Term Limits by Senator Ingoglia
HB 57 – County Commissioner Term Limits by Representative Salzman
SB 438 by Senator Ingoglia establishes term limits for county commissioners in Florida, including provisions for referendum elections concerning term limits. This bill will prohibit a person from seeking reelection as a county commissioner if, by the end of their current term, they will have served 8 consecutive years. The bill also disallows a person from qualifying for a different district seat or an at-large county commission seat until 2 years after their initial 8-year term. The new term limit will apply to counties not already subjected to term limits by county charter, and to terms of office beginning on or after November 5, 2022, except that more restrictive term limits already imposed by county charter are not extended. Charter counties holding referendums are mandated to do so during the 2024 general election, asking voters if they support limiting county commissioner terms to 8 consecutive years. SB 438 is scheduled to be heard in its final committee, Rules, on Tuesday, February 26th at 2:00 pm. Its House companion, HB 57 by Representative Salzman has passed favorably in all three committees of reference and has now been placed on the calendar for second reading.
SB1638 – Funding for Environmental Resource Management by Senator Hutson
HB 1417 – Funding for Environmental Resource Management by Representative Buchanan
SB 1638 by Senator Hutson allocates funds from the gaming compact with the Seminole Tribe for conservation, resiliency, and water infrastructure. This bill provides $100 million to support the wildlife corridor, $100 million for the management of uplands and the removal of invasive species, and $100 million to the Department of Environmental Protection (DEP) to the Resilient Florida Trust Fund. This bill also creates the Local Trail Management Grant Program within the Department of Environmental Protection to assist local governments with trail operation and maintenance costs. $150 million was provided to the South Florida Management District for operations and maintenance and to conduct a study of the health of Lake Okeechobee. The bill passed unanimously on the Senate floor and is now in Messages awaiting to be heard on the House floor. Its House companion, HB 1417, passed favorably in all committees and has now been placed on the calendar for second reading.
Election Law
SAC6 – Elections by House State Affairs Committee
SAC6 is a proposed committee bill by the House State Affairs committee that was aimed to reintroduce runoff elections in Florida for the first time since 2000, a move that could extend election seasons in the state. The bill would create a two-primary runoff system in the state, with the first primary election serving as a nomination or elimination election and the second primary serving as a nomination election only. The bill mandates that the first primary election occur 20 weeks before the general election and, if no candidate garners a majority of all votes cast in the first primary, a second primary election will occur 10 weeks later. SAC6 was scheduled to be heard in State Affairs on Wednesday, February 21st but was temporarily postponed by the committee. There was no Senate Companion filed.
Criminal Justice
HB 1181 – Juvenile Justice by Representative Jacques
SB 1274 – Juvenile Justice by Senator Martin
HB 1181 by Representative Jacques amends several statutes relating to the Department of Juvenile Justice (DJJ), the juvenile justice system, and juvenile firearm possession and use. The bill revises penalties for minors making a first illegal firearm charge for a juvenile a felony instead of a misdemeanor. The bill also establishes conditions for holding a child in secure detention before an adjudicatory hearing for specified offenses, presuming the child poses a risk to public safety. The bill was amended to authorize DJJ staff to utilize canine units on the grounds of a juvenile detention facility or commitment program to locate and seize contraband and ensure security within such a facility or program. HB 1181 passed favorably on the House floor with a vote of 83 Yeas and 29 Nays. The bill has now been referred to Fiscal Policy. Its Senate Companion, SB 1274, passed favorably in its final committee, Fiscal Policy, with a vote of 12 Yeas and 5 Nays. It has now been placed on the calendar for a second reading.
Education
HB 1473 – School Safety by Representative Trabulsy
SB 1356 – School Safety by Senator by Senator Calatayud
HB 1473 by Representative Trabulsy addresses school safety through various measures, revisions, and new provisions related to school guardian programs, school safety reporting, drone operation restrictions over schools, and requirements for emergency procedures and school safety instruction. The bill assigns private schools the responsibility for covering costs linked to school guardian programs while allowing sheriffs to waive these costs. The bill establishes penalties for drone operation over public and private schools, including potential criminal charges for unauthorized video recording. The bill also mandates district school boards and charter schools to provide instruction on the use of a mobile suspicious activity reporting tool to students each school year. This bill unanimously passed on the House floor and has now been referred to Fiscal Policy. Its Senate Companion, SB 1356, passed favorably in its final committee, Fiscal Policy, and has been placed on the calendar for second reading.