Halfway Mark

The legislative session reached its “halfway” mark, Day 30, on Wednesday, February 7^th.  Legislators are now heading into the second half of the 2024 session with both chambers having passed only 12 bills thus far.  Many of those bills are technical statutory revision bills required each year to make updates and delete provisions superseded by new laws.  By comparison, 19 bills passed through both Chambers during the first half of the 2023 session.  As the legislature continues to move forward, here are some of the top priority pieces of legislation that your Becker team is watching:

HB 1 – Social Media Use for Minors – Representative(s) Sirois, McFarland, and Rayner

SB 1788 – Social Media Use for Minors- Senator Grall

HB 1 requires a social media platform to prohibit children under the age of 16 from creating an account and to perform reasonable age-verification methods to verify that the age of a person attempting to create an account is 16 years of age or older.  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. 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.  It has now been referred to Fiscal Policy. Its Senate companion, SB 1788, narrows the scope of the bill by revising the definition of “social media platform” to make the bill apply only to those platforms that have addictive features that are designed to cause account holders to use them excessively or compulsively. This bill also requires that reasonable age verification methods be conducted by nongovernmental and independent third parties that are not affiliated with the social media platform.  Passing its first committee with a vote of 7 Yeas and 2 Nays, this bill is waiting to be heard in its final committee Fiscal Policy.

SB 280 – Vacation Rentals by Senator DiCeglie

HB 1537 – Vacation Rentals by Representative Griffits

SB 280 by Senator DiCeglie revises the regulation of short-term vacation rental platforms like Airbnb and Vrbo.  Current law does not allow local laws, ordinances, or regulations that prohibit vacation rentals or to regulate the duration or frequency of the rental of vacation rentals.  The bill preempts the regulation of advertising platforms to the state and also defines “advertising platform”.  In addition, under this bill, a local government may require vacation rentals to be registered and they may charge a reasonable fee for registration.  If there is an issue with that registration, the owner could be fined up to $500.  The bill also states that the maximum overnight occupancy of a vacation rental cannot exceed two persons per bedroom, plus an additional two persons in one common area, or more than two persons per bedroom if at least 50 square feet per person.  The bill also gives the property owner up to 15 days to cure a problem before issuing a fine.  Passing favorably on the Senate floor with a vote of 27 Yeas and 13 Nays, the bill is now waiting to be heard by the House.  Its House companion, HB 1537, is waiting to be heard in its final committee of reference, Commerce.

Education

SB 1356 – School Safety by Senator Calatayud

HB 1473 – School Safety by Representative Trabulsy

SB 1356 by Representative Calatayud expands on protections first provided in the Marjory Stoneman Douglas High School Public Safety Act. This bill will allow sheriffs to waive specific requirements for the Chris Hixon, Coach Aaron Feis, and Coach Scott Beigel Guardian Program if the candidate has at least two years of law enforcement experience and has held an active law enforcement certificate within the past five years. School principals must provide instructions on FortifyFL annually and explain the consequences of a threat or a false report. The district school board must advertise FortifyFL on the school district website, on school campuses, and through other publication methods. For children taken into custody and suspected of a crime of violence or an offense that would be a felony, law enforcement agencies must notify the superintendent of schools. The superintendent must notify the chief of police or the public safety director of the postsecondary institution within 24 hours of the notification. It passed its second committee of reference, Criminal Justice, with a vote of 8 Yeas and 0 Nays. It is now waiting to be scheduled for its final committee of reference, Fiscal Policy. Its House companion, HB 1473, by Representative Trabulsy, has passed its second committee of reference, Appropriations, with a vote of 23 Yeas and 0 Nays. It is waiting to be scheduled for its third and final committee, Education & Employment.

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. This bill has been amended once. The bill passed its first committee of reference. It passed its second committee, Community Affairs, with a vote of 8 Yeas and 0 Nays. It is now awaiting scheduling for its final committee, Rules. 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, Commerce.

HB 1195 – Millage Rates by Representative Garrison

SB 1322 – Millage Rates by Senator Ingoglia

HB 1195 by Representative Garrison prohibits any increase in millage rates unless approved by a two-thirds vote of a governing body of a county, municipality, or independent special district unless a higher vote threshold is already required under current law. The bill passed favorably in its first two committees of references. It passed its final committee, State Affairs, with a vote of 13 Yeas and 4 Nays. It has been placed on the calendar for a second reading. Its Senate Companion, SB 1322, by Senator Ingoglia, passed its first committee of reference and its second committee, Finance and Tax, with a vote of 4 Yeas and 2 Nays. It is waiting to be scheduled for its final committee, Appropriations.

SB 684 – Residential Building Permits by Senator DiCeglie

HB 267 – Building Regulations by Representative Espositio

SB 684 by Senator DiCeglie requires governing bodies with 30,000 or more residents to create a program that expedites issuing building permits for residential subdivisions before a final plat is registered with the circuit court clerk by August 15, 2024. Local jurisdictions must reduce their permit fee by 75 percent if a private provider is retained for plan review or building inspection services. This bill shortens timeframes for the submittal, process, and review of applications for a building permit. The law allows an applicant to contract to sell a residential structure but not transfer ownership of a residential structure in the preliminary plat before the final plat is approved. The bill passed its first committee of reference, Community Affairs, with a vote of 5 Yeas and 3 Nays and is waiting to be scheduled for its second committee, Fiscal Policy. Its House Companion, HB 267 by Representative Esposito reduces the time frame that a local government must approve, approve with conditions, or deny a building permit application following the receipt of a completed and sufficient application unless the applicant waives such limitation in writing.  In addition, this bill requires local governments to approve applications for multifamily projects within 60 business days and to review completed applications for sufficiency within 10 business days.  This bill is waiting to be heard in its last committee, Commerce, it has not been scheduled yet.

SB 812 – Expedited Approval of Residential Building Permits by Senator Ingoglia

HB 665 – Expedited Approval of Residential Building Permits by Representative McClain

SB 812 by Senator Ingoglia requires counties with more than 75,000 residents and municipalities with 30,000 residents or more to create a program to expedite the issuing of residential building permits based on an introductory plat and to issue the number of building permits by October 1, 2024. Local governments must update their expedited building permit program with the increased number by December 31, 2027. This requirement must conform to the Florida Building Code and require a local building official and a local governing body to mail a signed, certified letter with specific information to the Department of Business and Professional Regulation and the Department of Commerce. It has passed favorably in its first committee of reference. It passed its second committee, Regulated Industries, with a vote of 6 Yeas and 0 Nays. It is now scheduled to be heard in its final committee, Rules, on Wednesday, February 14. Its House companion, HB 665 by Representative McClain, has made progress in committee by passing favorably in its first two committees of reference. It passed its third and final committee, Commerce, with a vote of 12 Yeas and 5 Nays. It is now waiting to be placed on the Special Order calendar to be heard on the House floor.

SB 1366 – My Safe Florida Condominium Pilot Program by Senator DiCeglie

HB 1029 – My Safe Florida Condominium Pilot Program by Representative Lopez (V)

SB 1366 by Senator DiCeglie establishes the My Safe Florida Condominium Pilot Program within the Department of Financial Services (DFS). This program will only be implemented if included in the annual legislative appropriations. This program aims to reinforce the protection of condominiums from hurricane damage by allowing eligible condominium associations to apply for hurricane mitigation inspections and grants. To be eligible, condominium associations must receive approval from a majority vote of the board of administration or a unanimous vote of all unit owners. The DFS must contract with wind certification entities, or an association may hire its own contractor. These contractors must qualify under a strict set of guidelines. A quality assurance program is implemented to ensure the mitigation improvements are completed to the standards set by the program. The bill passed its first committee of reference, Banking, and Insurance, with a vote of 11 Yeas and 0 Nays. It is awaiting scheduling for its second committee, Appropriations. Its House companion, HB 1029, by Representative Lopez (V) passed its first committee of reference, Insurance and Banking, with a vote of 18 Yeas and 0 Nays. It is awaiting scheduling for its second committee, State Administration & Technology Appropriations.

HB 95 – Yacht and Ship Brokers’ Act by Representative LaMarca

SB 92 – Yacht and Ship Brokers’ Act by Senator Hooper

HB 95 by Representative LaMarca requires the Florida Department of Business and Professional Regulation, precisely the Division of Florida Condominiums, Timeshares, and Mobile Homes to regulate yacht and ship brokers and salespersons. A “yacht” is any vessel exceeding 32 feet in length that is propelled by sail or machinery. If a person conducts business as a broker or salesperson in another state as their primary profession and carries out the purchase or sale of a yacht under this act, they are not required to obtain a license. However, this exemption only applies if the entire transaction is executed with a licensed broker or salesperson. A person can only qualify as a broker if they have obtained a salesperson license and can prove that they have directly participated in four transactions that resulted in the sale of a yacht or if they have completed at least 20 education credits approved by the division. This bill has passed favorably in its first two committees of reference. It passed its final committee, Commerce, with a vote of 17 Yeas and 0 Nays. It is waiting to be placed on the calendar. Its Senate companion, SB 92, by Senator Hooper, has passed favorably in each committee and has been placed on the Special-Order Calendar on Wednesday, February 14.

Criminal Justice

SB 796 – Combatting Human Trafficking by Senator Avila

HB 7063 – Anti-human Trafficking by Representative Overdorf

SB 796 by Senator Avila is an all-encompassing bill that updates the information to combat human trafficking. It diversifies the membership for the direct-support organization (DSO) board of directors for the Statewide Council on Human Trafficking. It replaces the human trafficking hotline with the Florida human trafficking hotline to better provide support for Floridians. It requires public lodging establishments to provide human trafficking awareness training to all state employees. Nongovernmental entities (NGOs) will be required to renew or extend a contract with a governmental entity that contains a declaration of facts attesting that they do not use coercion for labor or services. The bill passed its second committee of reference, Criminal Justice, with a vote of 8 Yeas and 0 Nays. It is now awaiting scheduling in its final committee, Fiscal Policy.  Its House companion, HB 7063 by Representative Overdorf has been placed on the calendar, for a Second reading.

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 2^nd 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.

Healthcare

SB 248 – Medical Negligence by Senator Yarborough

SB 248 by Senator Yarborough proposes changes to the Florida Wrongful Death Act. The act currently allows families to seek compensation for non-economic damages if the Department of Health (DOH) or the Agency for Health Care Administration (AHCA) concludes that a facility or practitioner violated the standard of care, resulting in the death of a patient. This bill aims to clarify that medical expenses resulting from medical negligence may be recovered by a personal representative or waived by a court. It also broadens the class of survivors who can receive non-economic damages in cases of wrongful death caused by medical malpractice. However, such damages are subject to specific findings or determinations by the Agency for Health Care Administration or the Department of Health. In addition, the bill requires the Office of Insurance Regulation to review medical malpractice premium rates. It mandates the Office of Program Policy Analysis and Government Accountability to evaluate the effectiveness of limits on non-economic damages. The bill has passed its first reference committee with a favorable vote of 8 Yeas and 2 Nays. It is now awaiting scheduling for its second committee of reference, Fiscal Policy.

HB 885 – Coverage for Biomarker Testing by Representative Gonzalez Pittman

SB 964 – Coverage of Biomarker Testing by Senator Calatayud

HB 885 by Representative Gonzalez Pittman is an accessibility bill that expands biomarker testing to be covered by Medicaid and Florida Blue. “Biomarker” is a characteristic measured as an indicator of normal biological processes, pathogenic processes, or responses to an exposure or intervention, including therapeutic interventions. “Biomarker testing” is defined as an analysis of a patient’s tissue, blood, or other biospecimen for the presence of a biomarker. A recipient must have access to a transparent and convenient process to request authorization for biomarker testing through an accessible insurance company website. It has passed favorably in its first reference committee with a vote of 15 Yeas and 0 Nays and has yet to be scheduled for its second committee of reference, Appropriations.  Its Senate companion, SB 964 by Senator Calatayud, was referred to three committees and has yet to be heard.

Local Administration

SB 1178 – Condominium and Cooperative Associations by Senator Bradley

HB 1021- Community Associations by Representative V. Lopez

SB 1178 by Senator Bradley proposes new regulations for community association managers (CAMs) and management firms. If the contract is terminated, they must return all community association records within 20 days. These firms must disclose conflict of interest forms and establish a protocol for CAMs to follow in case of a conflict of interest. Failure to disclose a conflict of interest may result in disciplinary action. The bill also includes guidelines for criminal penalties for high-ranking officials who unlawfully solicit or accept a kickback or service of value. Furthermore, the bill defines “hurricane protection” to allow for specific hurricane protection specifications. The bill passed favorably in its first committee with a vote of 5 Yeas and 0 Nays, but it has yet to be scheduled for a hearing in its second committee, Appropriations Committee on Agriculture, Environment, and General Government.  Its House companion, HB 1021 by Representative V. Lopez, was referred to three committees and has yet to be heard.

HB 1195 – Millage Rates by Representative Garrison

SB 1322 – Millage Rates by Senator Ingoglia

HB 1195 by Representative Garrison restricts specific increases in millage rates unless approved by a two-thirds vote of a governing body of a county, municipality, or independent special district unless circumstances allow for it. The bill passed favorably in its first committee of reference with a vote of 15 Yeas and 7 Nays. It is scheduled to be heard in the Local Administration, Federal Affairs & Special Districts Subcommittee on Wednesday, January 31, at 2:00 pm. Its Senate Companion, SB 1322 passed its first committee of reference and is now waiting to be heard in its second committee, Finance and Tax.

SB 812 – Expedited Approval of Residential Building Permits by Senator Ingoglia

HB 665- Expedited Approval of Residential Building Permits by Representative McClain

SB 812 by Senator Ingoglia requires counties with more than 75,000 residents and municipalities with 30,000 residents or more to create a program to expedite the issuing of residential building permits based on an introductory plat and to issue the number of building permits by October 1, 2024. Local governments must update their expedited building permit program with the increased number by December 31, 2027. This requirement must conform to the Florida Building Code and require a local building official and a local governing body to mail a signed, certified letter with specific information to the Department of Business and Professional Regulation and the Department of Commerce. It passed favorably with a vote of 8 Yeas and 0 Nays in its first reference committee. It has yet to be scheduled for a hearing in its second committee, Regulated Industries.  Its House companion, HB 665 by Representative McClain, is scheduled to be heard in its second committee, Local Administration, Federal Affairs & Special Districts Subcommittee on Wednesday, January 31, at 2:00 pm.

HB 481 – Building Construction Regulations and System Warranties by Representative Maggard

SB 612 – Building Construction Regulations and System Warranties by Senator Hooper

HB 481 by Representative Maggard restructures regulations by expanding the extent of work that HVAC contractors do to include specified line-side repairs or replacements and the repair of specified components for dedicated HVAC circuits under certain conditions. It defines a contractor, a mechanical contractor, a Class A air-conditioning contractor, and a Class B air-conditioning contractor. This bill will bar the conditioning of an HVAC system warranty on product registration and designates the entire length of such a warranty’s coverage term to begin on the data a licensed contractor installs the system. It has passed favorably through two committees of reference with a vote of 19 Yeas and 0 Nays. It is scheduled to be heard in its third and final reference committee, Judiciary, on Tuesday, January 30 at 12:30 pm. It is now waiting to be heard in its third and final reference committee. Its Senate companion, SB 612, passed favorably with a vote of 5 Yeas and 0 Nays and is now on the agenda for its second committee on January 29.

HB 825 – Underground Facilities by Representative Koster

SB 708 – Underground Facilities by Senator Burton

HB 825 by Representative Koster amends the Underground Facility Damage Prevention and Safety Act. This act was implemented to identify and locate underground facilities to prevent injury before an excavation or demolition occurred. Sunshine State One-Call of Florida, Inc. (SSOCOF) was created through this act as a free-access notification system to all the owners of underground facilities to ensure that everything goes smoothly. This bill will give excavators three full business days to notify SSOCOF before they can begin excavation. It will extend the time for potentially affected member operators to mark the location of their underground facilities near the planned excavation to three full business days. It will enforce an enhanced civil Penalty for an excavator’s failure to notify a high-priority subsurface installation (HPSI) operator of the time and date for a planned excavation. HB 825 has been placed on the calendar for 2^nd reading. The identical SB 708 is making headway in committee with a vote of 6 Yeas and 0 Nays in its first reference committee. It also passed favorably in its second committee, Governmental Oversight and Accountability with a vote of 5 Yeas, 1 Nay.  It is now in its final committee of reference, Rules, and is awaiting a hearing date.

Economic

SB 662 – Virtual Currency Kiosk Businesses by Senator Burton

HB 977- Virtual Currency Kiosk Businesses by Representative (s) Steele and Daley

SB 662 by Senator Burton regulates virtual currency kiosk businesses. The bill defines terms such as blockchain analytics, virtual currency kiosk, business, transaction, and wallet concerning virtual currency. The Office of Financial Regulation of the Financial Services Commission would supervise all registrants. The bill defines a “virtual currency kiosk” as an electronic terminal that acts as a mechanical agent of the owner-operator, enabling it to facilitate virtual currency exchange for fiat currency or other virtual currency for a customer. The bill’s purpose is to reduce fraudulent activities within virtual currency kiosk businesses and protect customers. It has passed the first committee of reference favorably with a vote of 9 Yeas and 0 Nays. It is currently awaiting discussion in the second committee, Appropriations Committee on Agriculture, Environment, and General Government.  A similar bill, HB 977 by Representative Steele and Daley was referred to three committees and is awaiting a hearing.

SB 1098 – Department of Financial Services by Senator DiCeglie

HB 989 – Department of Financial Services by Representative LaMarca

SB 1098 by Senator DiCeglie proposes changes to various sections of the Department of Financial Services (DFS). Some significant changes include creating a new role – the Federal Tax Liaison, renaming the Division of Investigative and Forensic Services to the Florida Division of Investigations, and revising the My Safe Florida Home Program regulations. Additionally, the bill eliminates the need for quarterly reports of the total salary indemnification benefits and reimbursements from each agency to the State Risk Management Trust Fund. The bill passed its first committee with a 9-0 vote and is awaiting review by the second committee, the Appropriations Committee on Agriculture, Environment, and General Government.  A similar bill, HB 989 by Representative LaMarca, was referred to three committees and is awaiting a hearing.

Criminal Justice

SB 796 – Combatting Human Trafficking by Senator Avila

SB 796 by Senator Avila is an all-encompassing bill that updates the information to combat human trafficking. It diversifies the membership for the direct-support organization (DSO) board of directors for the Statewide Council on Human Trafficking. It replaces the human trafficking hotline with the Florida human trafficking hotline to better provide support for Floridians. It requires public lodging establishments to provide human trafficking awareness training to all state employees. Nongovernmental entities (NGOs) will be required to renew or extend a contract with a governmental entity that contains a declaration of facts attesting that they do not use coercion for labor or services. The bill passed favorably with a vote of 6 Yeas and 0 Nays. It is now awaiting to be heard by its second committee, Criminal Justice.

HB 81 – Civil Penalties Under the Gas Safety Law of 1967 by Representative Brackett

SB 366 – Gas Safety by Senator Yarborough

HB 81 by Representative Brackett modifies the civil penalties for violators of Florida’s Gas Safety Law of 1967 to not exceed $257,664 (up from $25,000) for each day the violation continues and $2,576,627 (increased from $500,000) accumulated for any related incidents of violations. The bill has passed through its two committees of reference favorably with a vote of 20 Yeas and 0 Nays and was scheduled for its 2^nd reading on January 25. The similar SB 366 bill passed favorably through two committees of reference with a vote of 10 Yeas and 0 Nays. It is now waiting to be scheduled for its third committee, Fiscal Policy.

SB 1362 – Aviation by Senator Harrell

SB 1362 by Senator Harrell updates Florida’s aviation system plan developed by the Department of Transportation. This bill includes the incorporation of “vertiports” – areas or structures meant for aircraft landing, equipped with charging stations for aircraft, restrooms, and accessibility in compliance with the Americans with Disabilities Act. The proposed bill addresses the need for modernization of aircraft. It requires the Florida Department of Transportation (FDOT) to review airport hazard regulations, provide a guidebook and technical resources to local jurisdictions, and appoint a subject matter expert on advanced air mobility (AAM) to serve as a resource to local jurisdictions. The bill received a favorable vote of 6 Yeas and 0 Nays and is now under consideration in its second committee, the Appropriations Committee on Transportation, Tourism, and Economic Development.

Healthcare

“Live Healthy”

SB 7016 – Health Care by Health Policy by Senator Burton
SB 7018 – Health Care Innovation by Health Policy by Senator Harrell

SB 7016 and SB 7018, collectively known as “Live Healthy and a top priority of Senate President Kathleen Passidomo unanimously passed the Senate floor on Thursday, January 18th. The initiative aims to revise and support healthcare innovation, healthcare workforce, healthcare services, healthcare education, and Medicaid. SB 7016 led by Senator Burton allocates $737 million to various programs for incentives like increasing positions for graduate medical students and providing incentives for health care professionals to work in rural areas.

Through a favorable amendment, roughly $96 million of Medicaid spending was cut, and requirements for hospitals to have nonemergent care access plans were modified. The health care screening grant program was renamed in honor of President Passidomo’s parents and provides grants to support nonprofit entities in providing screenings and services for the public. SB 7016 also expands the number of medical residency slots by 500, to increase the number of physicians in the state. It also establishes the Training, Education, and Clinicals in Health (TEACH) Funding Program to increase clinical opportunities. The House companion, HB 1549 by Representative Grant, allocates $548.6 million in state funding. HB 1549 successfully passed its first committee and is now waiting to be heard in its second committee of reference, the Health Care Appropriations Subcommittee. SB 7018 by Senator Harrell focuses mainly on renovating Florida’s healthcare system by creating a healthcare innovation Department that will fund a loan program to allocate $50 million to Floridians to achieve revolutionary healthcare discoveries. Both SB 7016 and SB 7018 are headed to the House floor.

HB 201 – Emergency Refills of Insulin and Insulin-related Supplies or Equipment by Representative Bell
SB 516 – Emergency Refills of Insulin and Insulin-related Supplies or Equipment by Senator Rodriguez

HB 201 introduced by Representative Bell expands the current law on emergency insulin refills.

If a pharmacist is unable to readily obtain refill authorization from a prescriber, the pharmacist is allowed to dispense an emergency refill of insulin and insulin-related supplies or equipment to treat diabetes up to three nonconsecutive times per calendar year. This bill also makes changes to the Florida Comprehensive Drug Abuse Prevention and Control Act. HB 201 has passed favorably in each committee and has been placed on the calendar for a second reading. The Senate companion, SB 516, was referred to three committees and has yet to be heard in any committee.

Education

HB 7039 – Education by Choice & Innovation Subcommittee and Representative Rizo
SB 7000 – Deregulation of Public Schools/ Instructional, Administrative, and Support Personnel

HB 7039 revises requirements relating to the public school system by providing more flexibility in the rules and regulations regarding how school boards conduct their meetings, adopt their budgets, and how they recruit and retain their teachers. HB 7039 passed favorably in its first committee of reference and is waiting to be heard in its final committee of reference, the Education & Employment Committee.

Its Senate companion, SB 7000, unanimously passed the Senate floor and is now waiting to be heard on the House floor.

HB 7025 – Education by Education Quality Subcommittee and Representative Trabulsy
SB 7002 – Deregulation of Public Schools/ School District Finance and Budgets, Facilities, and Administration and Oversight

HB 7025 provides various provisions, including flexibility for district school boards to determine adequate instructional materials and revise PreK-12 Assessments and student assessments for the Department of Juvenile Justice Programs. The bill removes the requirement for a school district to offer a virtual instruction option. The bill also authorizes a school district virtual program to provide the equipment and access necessary for participation to any full-time student enrolled in the program, regardless of income status. The bill has favorably passed its first two committees of reference and is now waiting to be heard in its final committee, the Education and Employment Committee. Its Senate companion, SB 7002, unanimously passed the Senate floor and is now waiting to be heard on the House floor.

HB 1403 – School Choice by Representative Tomkow

HB 1403 by Representative Tomkow is seeking to implement new limits on how voucher money can be spent by establishing firm deadlines for Scholarship Funding Organizations and implementing purchasing guidelines for recipients who received a Family Empowerment Scholarship for students with disabilities. The bill also calls for restricting the purchase of materials to only expenses associated with English, Reading, Social Studies, Science, and Math. HB 1403 passed favorably in its first two committees of reference and is scheduled to be heard in its final committee, the Education & Employment Committee, on Tuesday, January 23rd.

Children and Families

HB 1 – Social Media Use for Minors by Representative (s) Sirois and McFarland

HB 1 by Representative(s) Sirois and McFarland requires social media platforms to prohibit children under the age of 16 from creating an account and to perform reasonable age-verification methods to verify that the age of a person attempting to create an account is 16 years of age or older. The bill provides that if a social media platform violates the requirements for minor users under 16 years of age, it is an unfair and deceptive trade practice actionable under the Florida Deceptive and Unfair Trade Practice Act, solely by the Department of Legal Affairs. A priority for House Speaker Renner, HB 1 passed favorably in its final committee and has been placed on the Special-Order Calendar for Tuesday, January 23rd.

Civil Law

HB 757 – Defamation, False Light, and Unauthorized Publication of Name or Likenesses by Representative Andrade
SB 1780 – Defamation, False Light, and Unauthorized Publication of Name or Likenesses by Senator Brodeur

HB 757 by Representative Andrade aims to compensate constituents who have been victims of defamation through social media and other forms of media. The definition of defamation includes libel, slander, invasion of privacy, or any other tort. A person is only allowed one choice where their damage occurred through radio, television, or the internet. The bill includes artificial intelligence (AI), a relatively modern technology that can mimic human writing and cannot be used to place a person in a false light. This bill cracks down on utilizing social media to libel a person’s name or portray them negatively. HB 757 was favorable to the committee. A similar bill, SB 1780, was introduced to the committee, but a hearing has not yet been scheduled.

Telecommunications 

SB 478 – Designation of Eligible Telecommunication Carriers by Senator Rodriguez
HB 551 – Designation of Eligible Telecommunication Carriers by Representative Barnaby

SB 478 by Senator Rodriguez alters the definition of an eligible telecommunication carrier to mean a telecommunications company or a commercial mobile radio service provider. This alteration is for using these telecommunication carriers as a Lifeline Assistance Plan for qualified residential subscribers. The Public Service Commission can use these eligible telecommunication carriers for the intended purpose. It passed in committee with a vote of 5 Yeas and 0 Nays and is scheduled for another hearing on Wednesday, January 24. The comparable HB 551 was added to the committee agenda on Friday, January 19.

Local Administration 

SB 438 – Term Limits by Senator Ingoglia
HB 57 – County Commissioner Term Limits by Representative Salzman

SB 438 by Senator Ingoglia will require county commissioners to only serve a term limit of 8 years. After that term has expired, it will be another two years until a candidate can run for a different district seat or at-large county commission seat. This bill affects term limits of offices that began on and after November 8, 2022. The committee heard the bill on Tuesday, January 16. The bill passed favorably with a vote of 5 Yeas and 3 Nays. A similar HB 57 was assigned to a committee and was found favorable.

HB 479 – Alternative Mobility Funding Systems by Representative W. Robinson
SB 688 – Alternative Mobility Funding Systems by Senator Martin

HB 479 by Representative W. Robinson revises provisions concerning impact fees and concurrency and provides additional guidance concerning mobility fees. The bill defines “mobility fee” and “mobility plan” to be used within the Community Planning Act. The bill also provides that local governments adopting and collecting impact fees by ordinance or resolution must use localized data available within the previous 12 months of adoption for the local government’s calculation of impact fees. The bill passed favorably in its second committee of reference with a vote of 21 Yeas, 0 Nays. It is now waiting to be heard in its final committee, Commerce. Its Senate Companion, SB 688, passed its first committee of reference and is now waiting to be heard in its second committee with one more to follow.