Becker & Poliakoff

Legislative Update: 2019 Session – Week 7

Legislative Update: 2019 Session – Week 7

Becker & PoliakoffWeek 7: April 15 – 19, 2019

Proposed 2019-2020 Budget

The House and Senate Chambers have also released the first drafts of their proposed 2019-2020 budget. Here is a generalized breakdown of the current draft budget compared to last year’s budget, and the draft budget broken down by section.

Source Senate PCB 2500 House PCB APC 19-01 Governor’s Recommendation Agency Requests Current Year Budget
Total Positions 113,309.60 113,215.51 113,666.71 114,435.71 112,874.21
Total All Funds $90,325,810,643 $89,902,634,370 $91,269,254,710 $91,260,330,912 $89,314,312,431
Current Year Budget Difference Difference Difference Difference Difference
112,874.21 435.39 341.3 792.5 1,561.50 0
$89,314,312,431 $1,011,498,212 $588,321,939 $1,954,942,279 $1,946,018,481 $0
Agency Requests Difference Difference Difference Difference Difference
114,435.71 1,126.11 1,220.20 769 0 1,561.50
$91,260,330,912 $934,520,269 $1,357,696,542 $8,923,798 $0 $1,946,018,481
Governor’s Recommendation Difference Difference Difference Difference Difference
113,666.71 357.11 451.2 0 769 792.5
$91,269,254,710 $943,444,067 $1,366,620,340 $0 $8,923,798 $1,954,942,279
House PCB APC 19-01 Difference Difference Difference Difference Difference
113,215.51 94.09 0 451.2 1,220.20 341.3
$89,902,634,370 $423,176,273 $0 $1,366,620,340 $1,357,696,542 $588,321,939
Senate PCB 2500 Difference Difference Difference Difference Difference
113,309.60 0 94.09 357.11 1,126.11 435.39
$90,325,810,643 $0 $423,176,273 $943,444,067 $934,520,269 $1,011,498,212

 

By Sections House PCB APC 19-01 Senate PCB 2500 Difference
Dollars Positions Dollars Positions Dollars Positions
TOTAL $89,902,634,370 113,215.51 $90,325,810,643 113,309.60 -$423,176,273 94.09
Education Enhancement $2,112,416,482 0.00 $2,112,564,899 0.00 -$148,417 0.00
Education (All Other Funds) $25,633,310,307 2,256.75 $26,251,776,905 2,266.75 -$618,466,598 10.00
Human Services $37,193,773,270 31,142.26 $37,738,141,121 31,107.85 -$544,367,851 -34.41
Criminal Justice and Corrections $4,777,242,252 42,276.25 $4,860,499,387 42,365.25 -$83,257,135 89.00
Natural Resources / Environment / Growth Management / Transportation $14,699,410,888 14,887.25 $14,606,989,458 14,889.25 $92,421,430 2.00
General Government $7,053,014,751 18,358.50 $6,312,792,196 18,368.50 $740,222,555 10.00
Judicial Branch $545,882,902 4,294.50 $555,611,576 4,312.00 -$9,728,674 17.50
TOTAL $89,902,634,370 113,215.51 $90,325,810,643 113,309.60 -$423,176,273 94.09

 

Environmental:

The Senate Appropriations Committee and the House heard SB 446/ HB 325, Coastal Management, sponsored by Senator Mayfield and Representative LaMarca. The bill revises the criteria the Department of Environmental Protection must consider in determining and assigning annual funding priorities for beach management and erosion control projects, and it also revises the ranking criteria to be used by the department to establish certain funding priorities for certain inlet-caused beach erosion projects. The bill also revises requirements for the comprehensive long-term management plan, and requires the plan to include a strategic beach management plan, a critically eroded beaches report, and a statewide long-range budget plan. The Senate bill was passed unanimously and will move on to the Senate Chamber for a second reading. The House bill was passed unanimously.

The Senate Appropriations Committee and the House State Affairs Committee heard SB 816/ HB 771, Environmental Regulation, sponsored by Senator Perry and Representative Overdorf. The bill requires counties and municipalities to address the contamination of recyclable materials in specified contracts, and also prohibits counties and municipalities from requiring the collection or transport of contaminated recyclable materials by residential recycling collectors. The Senate bill was passed unanimously and will move on to the Senate Chamber for a second reading. The House bill was passed favorably with 18 yeas and 6 nays and will move on to the House Chamber for a second reading.

The Senate Appropriations Committee heard SB 1278/ (HB 405), Biosolids Management, sponsored by Senator Mayfield. The bill defines the term “biosolids”, and requires the Department of Environmental Protection to adopt rules for biosolids management which meet certain requirements. The bill also provides that certain ordinances, moratoriums, or regulations remain in effect until they are repealed or expire. The bill was passed unanimously and will move on to the Senate Chamber for a second reading.

The Senate Appropriations Committee and the House State Affairs Committee heard SB 1552/ HB 1135, Florida Red Tide Mitigation and Technology Development Initiative, sponsored by Senator Gruters and Representative Grant (M). The bill establishes the Florida Red Tide Mitigation and Technology Development Initiative, and requires the initiative to submit an annual report by a specified date to the Governor, the Legislature, the Secretary of Environmental Protection, and the Executive Director of the Fish and Wildlife Conservation Commission. The bill also establishes the Initiative Technology Advisory Council. The Senate bill was passed unanimously and will move on to the Senate Chamber for a second reading. The House bill was passed unanimously and will move on to the House Chamber for a second reading.

The Senate Rules Committee and the House heard SB 1820/ HB 1379, Moratorium on Drilling in the Gulf of Mexico, sponsored by Senator Hooper and Representative Ponder. The bill supports an extension of the current moratorium on drilling in the Gulf of Mexico east of the Military Mission Line. The Senate bill was passed unanimously and will move on to the Senate Chamber for a second reading. The House bill was read a second time and adopted.

The House State Affairs Committee heard HB 973/ (SB 1022), Onsite Sewage Treatment and Disposal Systems, sponsored by Representative Payne. The bill transfers the Onsite Sewage Program in the DOH to the DEP, and removes provisions relating to the DOH Technical

Review and Advisory Panel and Research and Review Advisory Committee. The bill directs the DEP to appoint a technical advisory committee, initiate rulemaking, and adopt rules. It also directs county health departments to coordinate with the DEP to administer evaluation programs, and directs WMDs to submit consolidated annual reports to the OEDR. This bill also directs the DEP to submit certain cost estimates to the OEDR. The bill was passed unanimously.

The House heard HB 5401/ (SB 1502), Department of Environmental Protection, sponsored by the House Agriculture & Natural Resources Appropriations Subcommittee. The bill transfers specified powers and duties of the FWCC relating to environmental crimes to the Division of Law Enforcement within the DEP. The bill also provides for the DEP and the FWCC a memorandum of agreement, and provides for the reassignment and retention of personnel benefits. It also establishes the Division of Law Enforcement within DEP, and provides specified authority to the DEP and the FWCC officers. The bill provides for a deposit of proceeds in specified DEP trust funds, and appoints a DEP representative to the Joint Task Force on State Agency Law Enforcement Communications. This bill also authorizes certain use of the Inland Protection Trust Fund moneys, and provides penalties for false personation and unlawful use of badges and other symbols of the DEP officers. The House bill was read a second time and placed on the calendar for a third reading on 04/23/2019.

Taxes and Financials:

The Senate Rules Committee heard SB 336, Local Tax Referenda, sponsored by Senator Brandes. The bill provides that a referendum to adopt or amend a local discretionary sales surtax must be held at a general election. The bill was passed favorably with 11 yeas and 5 nays.

The Senate Finance and Tax Committee heard SB 1112, Taxation, sponsored by Senator Gruters. The bill revises the definition of the term “inventory,” for purposes of ad valorem taxation, to include certain rented construction, earthmoving, or industrial equipment, and also provides that certain marketplace providers are subject to dealer requirements for the registration, collection, and remittance of sales taxes. It also provides sales tax exemptions on the sale of specified disaster preparedness supplies during a specified timeframe. The bill was passed unanimously and will move on to a third Committee.

The Senate Rules Committee and the House Commerce Committee heard SB 1704/ HB 1393, Department of Financial Services, sponsored by Senator Wright and Representative Clemons. The bill requires the Division of Treasury to maintain, rather than turn over to the Division of Accounting and Auditing, warrants drawn by the Chief Financial Officer. The bill also deletes a requirement that trust companies, where certain care and maintenance trust funds may be established, must operate pursuant to ch. 660, F.S., and revises requirements for the Supervision of Licensed Funeral Establishments by funeral directors in charge. It also deletes an examination requirement for an applicant for an industrial fire insurance or burglary insurance license. The Senate bill was passed favorably with 15 yeas and 1 nay and will move on to the Senate Chamber for a second reading. The House bill was passed unanimously and will move on to the House Chamber for second reading.

The House heard HB 691/ (SB 854), Special Neighborhood Improvement Districts, sponsored by Representative Newton. The bill revises the number of directors allowed for boards of special neighborhood improvement districts, and requires local planning ordinances to specify the director number and provide for four-year staggered terms. It also requires that the directors be landowners in proposed area and be subject to certain taxation. The bill was passed favorably with 115 yeas and 1 nay.

The House Ways & Means Committee heard HB 1151/ (SB 856), Homestead Exemptions, sponsored by Representative Buchanan. The bill provides that a person or a family unit receiving or claiming benefit of ad valorem tax exemptions or tax credits in another state is entitled to homestead exemption in this state if a person or a family unit demonstrates to a property appraiser that certain conditions have been met. It also provides that homestead exemption forms prescribed by the DOR may include taxpayer information relating to such ad valorem tax exemptions or tax credits in another state. The bill was passed unanimously and will move on to the House Chamber for a second reading.

The House heard HB 1295, Property Tax Exemptions Used by Hospitals, sponsored by Representative Caruso. The bill provides criteria to be used in determining the value of tax exemptions for charitable use of certain hospitals, and also provides application requirements for tax exemptions on certain properties. The bill was passed favorably with 71 yeas and 40 nays.

The House Health & Human Services Committee heard HB 1353/ (SB 1218), Homelessness, sponsored by Representative Altman. The bill provides requirements for Continuum of Care catchment areas and lead agencies, and it requires that each Continuum of Care create a Continuum of Care plan for specified purposes. The bill also establishes a grant-in-aid program to help Continuums of Care prevent and end homelessness, and provides program requirements. The bill was passed unanimously and will move on to the House Chamber for a second reading.

The House State Affairs Committee heard HB 7105, Death Benefits for Survivors of First Responders and Military Members, sponsored by the House Oversight, Transparency & Public Management Subcommittee. The bill revises and provides certain death benefits to law enforcement officers, correctional and correctional probation officers, firefighters, emergency medical technicians, paramedics, and members of the Florida National Guard and United States Armed Forces. It also provides for the distribution of such benefits, and provides that such benefits are in addition to other benefits. The bill also provides requirements for employers to procure insurance, and specifies funding sources for such benefits. It authorizes a specified number of hours of educational expenses to be waived by certain educational institutions and provides requirements therefor. This bill also requires the SBE and the BOG to adopt rules, and specifies that the surviving spouse and children of the deceased service member may receive only one educational benefit. It also provides a declaration of important state interest. The bill was passed unanimously.

Local Government:

The Senate Appropriations Subcommittee on Criminal and Civil Justice heard SB 762/ (HB 639), Duties and Obligations of Sheriffs, sponsored by Senator Gruters. The bill requires each sheriff to coordinate with specified entities to develop a comprehensive plan for the security of trial court facilities, and specifies that sheriffs and chief judges retain certain authority. It also specifies that sheriffs and their deputies, employees, and contractors are officers of court under specified circumstances. The bill was passed unanimously and will move on to the Appropriations Committee.

The Senate Rules Committee heard SB 902/ (HB 447), Building Permits, sponsored by Senator Perry. The bill authorizes counties to provide notice to certain persons under certain circumstances, and authorizes counties that issue building permits to charge a person a single search fee for a certain amount under certain circumstances. The bill also authorizes the governing bodies of municipalities to charge a person a single search fee for a certain amount under certain circumstances, and provides exemptions to certain contracting requirements. It also authorizes a local government to provide notice to certain persons under certain circumstances within a specified timeframe. The bill was passed unanimously.

The Senate Appropriations Committee and the House Commerce Committee heard SB 1000/ HB 693, Communications Services, sponsored by Senator Hutson and Representative Fischer. The bill reduces the rates of certain communications services taxes, and specifies limitations and prohibitions on municipalities and counties relating to registrations and the renewals of communications services providers. The bill also prohibits certain municipalities and counties from electing to impose permit fees, and specifies prohibited acts by municipalities and countries in the use of their authority over the placement of facilities for certain purposes. The bill was passed favorably with 18 yeas and 1 nay and will move on to the Senate Chamber for a second reading. The House bill was passed favorably with 21 yeas and 1 nay and will move on to the House Chamber for a second reading.

The Senate Finance and Tax Committee heard SB 1040/ (HB 5), Discretionary Sales Surtax, sponsored by Senator Lee. The bill requires a two-thirds vote of certain county governing boards to authorize a discretionary sales surtax, and requires a local government discretionary sales surtax referenda to be held on specified date. The bill also requires such referenda to be approved by a specified percentage of voters for passage, and it revises requirements and procedures for discretionary sales surtax performance audits. It also requires the OPPAGA, upon receiving certain notice, to procure a certified public accountant for performance audit, and requires a supervisor of elections to verify the petition signatures and retain signature forms in a specified manner. Also it provides that an initiative sponsor’s failure to comply with the specified requirements will render any referendum held void. The bill was passed favorably with 7 yeas and 1 nay and will move on to the Appropriations Committee.

The Senate Appropriations Committee and the House heard SB 1054/ HB 9, Community Redevelopment Agencies, sponsored by Senator Lee and Representative LaMarca. The bill requires ethics training for community redevelopment agency commissioners, and requires a community redevelopment agency to publish certain digital boundary maps on its website. The bill also requires the Department of Economic Opportunity to declare inactive community redevelopment agencies that have reported no financial activity for a specified number of years. It also specifies the level of tax increment financing that a governing body may establish for funding the redevelopment trust fund. The Senate bill was passed unanimously and will move on to the Senate Chamber for a second reading. The House bill was read a second and third time and was passed favorably with 70 yeas and 47 nays.

The House State Affairs Committee heard HB 145/ (SB 82), Vegetable Gardens, sponsored by Representative Fetterhoff. The bill prohibits local governments from regulating vegetable gardens on residential properties except as otherwise provided by law, and also specifies that such regulations are void and unenforceable. The bill was passed favorably with 20 yeas an3 nays and will move on to the House Chamber for a second reading.

The House heard HB 291/ (SB 428), Growth Management, sponsored by Representative Clemons. The bill requires a comprehensive plan to include a property rights element, and also provides a statement of rights local governments may use. The bill also requires local governments to adopt a property rights element by a specified date, and provides that the local government’s property rights element may not conflict with statutorily provided statement rights. It also requires a comprehensive plans to recognize the terms of existing development orders, and requires local land development regulations to provide for existing development orders. The bill was read a second time and amendment 087819 was adopted. The bill was then read a third time and was passed favorably with 73 yeas and 42 nays.

The House heard HB 437/ (SB 728), Community Development Districts, sponsored by Representative Buchanan. The bill authorizes certain lands within a county or municipality which a petitioner anticipates adding to a new community development district to be identified in a petition to establish the new district, and also provides detailed procedures for amending the boundaries of a district to add land. The bill also authorizes community development districts to merge with another type of special district created by a special act or by filing a petition for the establishment of a new district. The bill also authorizes community development district merging with another type of district to enter into merger agreements for certain purposes. The bill was read a second and third time and was passed favorably with 106 yeas and 9 nays.

The House Judiciary Committee heard HB 829/ (SB 1140) Attorney Fees and Costs, sponsored by Representative Sabatini. The bill waives the sovereign immunity of local governments for liability for certain attorney fees and costs, and provides for awards of attorney fees, costs, and damages in successful civil actions challenging local ordinances as being preempted by the State Constitution or state law. The bill would also prohibit an award of attorney fees and costs under certain circumstances. The bill was passed favorably with 12 yeas and 6 nays and will move on to the House Chamber for a second reading.

The House heard HB 861/ (SB 1616), Local Government Financial Reporting, sponsored by Representative Roach. The bill requires county and municipal budget officers to submit certain information to the Office of Economic and Demographic Research within a specified timeframe, and requires the adopted budget amendments and the final budgets to remain posted on each entity’s official website for a specified period of time. The bill was passed favorably with 115 yeas and 1 nay.

The House State Affairs Committee heard HB 1159/ (SB 1400), Private Property Rights, sponsored by Representative La Rosa. The bill deletes a provision that authorizes electric utilities to perform certain right-of-way tree maintenance only if a property owner has received local government approval, and also prohibits certain local government ordinances or regulations from requiring a permit, application, notice, fee, or fine for certain activities regarding trees on residential property. The bill also authorizes a local government to enforce ordinances or regulations pertaining to the replanting of trees under certain circumstances. The bill was passed favorably with 19 yeas and 4 nays.

The House Commerce Committee heard HB 1299/ (SB 588), Governmental Powers, sponsored by Representative Roach. The bill prohibits municipalities from purchasing specified real estate properties, attempting to annex specified areas, and levying or collecting specified taxes on certain products and devices. The bill also revises the circumstances under which state of emergency declaration tolls are used, and also extends the remaining period for certain permits and authorizations. It also prohibits local government entities from imposing additional requirements for the maximum fuel supply or safe temperature and cooling requirements related to the comprehensive emergency management plan of nursing homes and assisted living facilities. Another thing this bill does is preempts the regulation of single-use plastic straws and over-counter proprietary drugs and cosmetics to state. It also preempts the establishment of requirements for alternate generated power sources to the state and the EOG. It also preempts the establishment of a minimum age for the sale or delivery of tobacco products, nicotine products, and nicotine dispensing devices to the state. The bill was passed favorably with 15 yeas and 7 nays and will move on to the House Chamber for a second reading.

The House Judiciary Committee heard HB 1383/ (SB 1720), Private Property Rights Protection, sponsored by Representative Grant (J). The bill revises notice of claim requirements for property owners, and revises the procedures for determination of compensation. The bill also creates presumption that certain settlements of claims apply to all similarly situated residential properties within a political subdivision under certain circumstances, and authorizes property owners to bring claims against governmental entities in certain circumstances. It also provides that property owners are not required to submit formal development applications or proceed through the formal application processes to bring claims in specified circumstances. The bill also authorizes property owners to bring actions to declare prohibited exactions invalid, and requires the DOT to afford a right of first refusal to a previous property owner before disposing of property in certain circumstances. The bill was passed favorably with 15 yeas and 3 nays.

Misc.:

The Senate and the House heard SB 366/ HB 171, Infectious Disease Elimination Programs, sponsored by Senator Braynon and Representative Jones. The bill authorizes the county commission to establish the Sterile Needle and Syringe Exchange Program, and prohibits the operation of such program under certain conditions. The bill also provides requirements for the operation of such program, and it requires the collection of data and the submission of reports. It also provides for the immunity from civil liability under certain circumstances, and it authorizes the continuation of the specified pilot program under certain circumstances. The House bill was substituted for the Senate bill and read a second time in the House Chamber. Amendments 836647 and 517403 were adopted and the bill was read a third time, and also was passed favorably with 111 yeas and 3 nays.

The Senate Rules Committee and the House heard SB 380/ HB 617, Homeowners’ Insurance Policy Disclosures, sponsored by Senator Brandes and Representative Joseph. The bill revises circumstances under which insurers issuing homeowners’ insurance policies must include a specified statement relating to flood insurance with the policy documents at initial issuance and renewals. The Senate bill was passed unanimously and will move on to the Senate Chamber for a second reading. The House bill was read a second and third time and was passed unanimously.

The Senate Appropriations Committee and the House Commerce Committee heard SB 536/ HB 441, 911 Services, sponsored by Senator Brandes and Representative DuBose. The bill requires counties to develop a plan for implementing a text-to-911 system, and to implement a system to receive E911 text messages by a specified date. This bill also requires that the Technology Program within the Department of Management Services develop and implement a plan to require that emergency dispatchers will be able to transfer an emergency call from one E911 system to another E911 system in this state. It also defines the terms “first responders” and “911 public safety answering point” or “PSAP”, and it requires a PSAP to be able to directly communicate by radio with first responders. The Senate bill was passed unanimously and will move on to the Senate Chamber for a second reading. The House bill was passed unanimously and will move on to the House Chamber for a second reading.

The Senate Appropriations Committee heard SB 1640/ (HB 27), Deregulation of Professions and Occupations, sponsored by Senator Albritton. The bill renames the Board of Architecture and Interior Design as the Board of Architecture within the Department of Business and Professional Regulation. It also repeals provisions relating to hearings for persons or labor organizations denied licensure as a business agent, and also requires the Department of Business and Professional Regulation or a board to seek reciprocal licensing agreements with other states under certain circumstances. The bill also repeals provisions relating to fees and local licensing requirements. The bill was passed unanimously and will move on to the Senate Chamber for a second reading.

The Senate Rules Committee heard SB 1808, Film and Television Production, sponsored by Senator Taddeo. The bill recognizes the value of film and television production as an economic driver and a creator of high-wage jobs, encouraging the collaboration of public-sector and private-sector efforts through the development of programs and partnerships, and encouraging the Florida Office of Film and Entertainment’s continued support of various collaborative programs and partnerships for national and international marketing. The bill was passed unanimously and will move on to the Senate Chamber for a second reading.

The Senate Appropriations Committee heard SB 7030/ (HB 7093), School Safety and Security, sponsored by the Senate Education Committee. The bill requires a sheriff to establish a school guardian program under a certain condition, and it also requires school districts to promote a mobile suspicious activity reporting tool through specified mediums. The bill also requires the Commissioner of Education to review recommendations from the School Hardening and Harm Mitigation Workgroup, and revises the duties of the commissioner to include oversight of compliance with the safety and security requirements of the Marjory Stoneman Douglas High School Public Safety Act by specified persons and entities. The bill was read a second time and amendments 251488, 442256, 559530, 972536, and 684762 were adopted. The bill was then placed on the calendar for a third reading on 04/23/2019.

The House heard HB 1/ (SB 1702), Ethics Reform, sponsored by Representative Sabatini. The bill repeals provisions relating to state, state university, and community college employee lobbyists, and also prohibits certain public officers and employees from soliciting specified employment and contractual relationships. It also revises lobbyist registration, compensation report, principal designation cancellation, and investigation requirements. The bill was read a second and third time and was passed unanimously.

The House heard HB 75/ (SB 766), Expanded Uses of Unmanned Aircraft, sponsored by Representative Watson (C). The bill authorizes the use of drones by law enforcement agencies and other specified entities for specified purposes. The bill was read a second time and amendment 309893 was adopted. The bill was then read a third time and was passed unanimously.

The House Judiciary Committee heard HB 551/ (SB 668), Public Nuisances, sponsored by Representative McClain. The bill revises notice requirements for temporary injunctions relating to enjoinment of certain nuisances, and extends the notice period before lien may attach to certain real estate. It also provides that the use of a location for criminal or gang-related activity is public nuisance, and declares that any place used on more than two occasions within certain period as a site of specified violations is nuisance and may be abated or enjoined. The bill also provides property owner opportunity to remedy the nuisance before specified legal actions may be taken against the property in certain circumstances The bill was passed unanimously and will move on to the House Chamber for a second reading.

The House Judiciary Committee heard HB 721/ (SB 1128), Emotional Support Animals, sponsored by Senator Diaz. The bill provides that an individual with a disability who has an emotional support animal or obtains an emotional support animal is entitled to full and equal access to all housing accommodations. The bill also prohibits a housing accommodation from requiring such individual to pay extra compensation for such animal, and it specifies that an individual with a disability is liable for certain damage done by her or his emotional support animal. The bill was passed unanimously and will move on to the House Chamber for a second reading.

The House State Affairs Committee heard HB 735/ (SB 1024), Blockchain Technology, sponsored by Representative Santiago. The bill establishes the Florida Blockchain Task Force in the DFS, and provides for membership and duties of the task force. It also requires the task force to submit a report to the Governor and the Legislature and make presentations. The bill also requires the DFS to provide support staff and other assistance to the task force, and provides for the termination of the task force. The bill was passed unanimously.

The House heard HB 1235/ (SB 1676), Legal Notices, sponsored by Representative Fine. The bill provides for the Internet website publication of legal notices, and provides criteria for such publication. It also authorizes a fiscally constrained county to use a publicly accessible website to publish legally required advertisements and public notices only if certain requirements are met. The bill also requires a governmental agency to provide specified notice to residents concerning alternative methods of receiving legal notices. The bill was passed favorably with 68 yeas and 44 nays.

The House Commerce Committee heard HB 1333, Building Construction Procedures, sponsored by Representative Payne. The bill extends the length of time a provisional certificate is valid, and revises the categories of certification the Florida Building Code Administrators and Inspectors Board shall by rule establish. It also revises examination fee and requirements for home inspector licensure requirements, and revises notification requirements for qualifying agents. It also requires qualifying agents to submit certain orders within a specified time and close active permits that have expired. The bill also provides that a new qualifying agent shall not be held liable for certain work, and also authorizes the Florida Building Commission to approve certain amendments to the Florida Building Code every three years. The bill was passed unanimously.

The House State Affairs Committee heard HB 7111/ (SB 7096), Constitutional Amendments, sponsored by the House Judiciary Committee. The bill requires a compensated petition gatherer to register with the Secretary of State, and to also attest that he or she is a Florida resident for a specified period before obtaining signatures on petition forms. The bill also requires the name of the sponsor of an initiative to appear on the ballot with the percentage of donations received from certain in-state donors, and it prohibits compensation for initiative petition gatherers or entities based on the number of petitions gathered. The bill was passed favorably with 15 yeas and 8 nays and will move on to the House Chamber for a second reading.

Public Records:

The Senate Rules Committee heard SB 342/ (HB 281), Public Records/Voters and Voter Registration, sponsored by Senator Lee. The bill provides an exemption from public records requirements for information concerning preregistered voter registration applicants who are minors, and it also provides for future legislative review and repeal. The bill also provides for retroactive application, and provides a statement of public necessity. The bill was passed unanimously and will move on to the Senate Chamber for a second reading.

The House heard HB 759/ (SB 1416), Public Records, sponsored by Representative Massullo. The bill removes or revises numerous provisions relating to exemptions from public records requirements for trade secrets. The bill was passed favorably with 113 yeas and 1 nay.

The House heard HB 761/ (SB 1414), Pub. Rec./Trade Secrets Held by an Agency, sponsored by Representative Massullo. The bill provides exemption from public record requirements for trade secrets held by an agency, and provides notice requirements. It also provides an exception to the exemption, and provides that agency employee is not liable for the release of records in compliance with act. This bill also provides applicability, future legislative review and repeal of the exemption, and a statement of public necessity. The bill was passed unanimously.

Substances:

The Senate Judiciary Committee and the House heard SB 630/ HB 451, Nonopioid Alternatives, sponsored by Senator Perry and Representative Plakon. The bill requires the Department of Health to develop and publish on its website an educational pamphlet regarding the use of nonopioid alternatives for the treatment of pain. It also requires that the pamphlet include specified information, including the advantages and disadvantages of the use of such alternatives. The Senate bill was passed unanimously and will move on to the Senate Chamber for a second reading. The House bill was passed favorably with 113 yeas and 1 nay.

The House State Affairs Committee heard HB 333/ (SB 1020), State Hemp Program, sponsored by Representative Killebrew. The bill creates the State Hemp Program within the Department of Agriculture and Consumer Services, and provides requirements for the program’s registration and for the distribution and retail sale of hemp and hemp products. The bill also directs the Commissioner of Agriculture, in consultation with the Governor and Attorney General, to submit a specified plan within a specified timeframe to the United States Secretary of Agriculture. It also revises the schools at which the department is required to authorize and oversee the development of industrial hemp pilot projects. The bill was passed unanimously and will move on the House Chamber for a second reading.

The House heard HB 595/ (SB 530), Alcohol or Drug Overdose Prosecutions, sponsored by Representative Silvers. The bill prohibits the arrest, charge, prosecution, or penalization under specified provisions of a person acting in good faith who seeks medical assistance for an individual experiencing, or believed to be experiencing, an alcohol-related overdose. The bill also prohibits the arrest, charge, prosecution, or penalization under specified provisions of a person acting in good faith who seeks medical assistance for an individual experiencing, or believed to be experiencing, a drug-related overdose. The bill was passed unanimously.

Transportation:

The Senate Rules Committee heard SB 76/ (HB 107), Texting While Driving, sponsored by Senator Simpson. The bill authorizes law enforcement officers, during a specified timeframe, to stop motor vehicles to issue verbal or written warnings to persons who are texting while driving. This bill also authorizes law enforcement officers, after a specified date, to stop motor vehicles and issue citations to persons who are texting while driving, and authorizes participation in a distracted driving safety program in lieu of the specified penalties for first-time offenders. It also deletes a provision requiring that enforcement be accomplished only as a secondary action. The bill was passed unanimously and will move on to the Senate Chamber for a second reading.

The Senate and the House heard SB 310/ HB 659, Off-highway Vehicles, sponsored by Senator Perry and Representative Hage. The bill redefines the terms “ATV” and “ROV” to increase the authorized width and dry weight of such vehicles, and also redefines the term “all-terrain vehicle” to increase the authorized width and dry weight of the vehicle. The Senate bill was substituted for the house bill and was read in the House Chamber for a second and third time. It was then passed unanimously.

The Senate heard SB 436/ (HB 529), Use of Vessel Registration Fees, sponsored by Senator Hooper. The bill authorizes a portion of a county’s or municipal’s vessel registration fees to be used for specified additional purposes. The bill was read a third time and was passed unanimously.

The Senate Appropriations Committee heard SB 542/ (HB 453), Mobility Devices and Motorized Scooters, sponsored by Senator Brandes. The bill defines the term “micromobility device”, and revises the definition of the term “motorized scooter”. The bill authorizes a county or municipality to regulate the operation of micromobility devices and for-hire motorized scooters, subject to certain restrictions, and also authorizes a county or municipality to require that a person offering micromobility devices or for-hire motorized scooters be licensed. It also exempts a micromobility device or motorized scooter from certain registration, insurance, and licensing requirements. The bill was passed unanimously and will move on to the Senate Chamber for a second reading.

The Senate Appropriations Committee and the House heard SB 898/ HB 385, Transportation, sponsored by Senator Diaz and Representative Avila. The bill revises the authorized uses of proceeds from Charter County and regional transportation system surtaxes, and also revises the preservation goals of the Department of Transportation to include ensuring that all work on the State Highway System meets department standards. This bill also requires the department to approve design plans for all transportation projects relating to department-owned rights-of-way under certain circumstances, and prohibits the department from using toll revenues from high-occupancy toll lanes or express lanes to offset certain funding. The Senate bill was passed unanimously and will move on to the Senate Chamber for a second reading. The House bill was read a second time and amendments 432313, 023753, 367595, 703161, 102261, 410231, 556307, 679301, 356997, 155489, 442917, 754395, and 253139 were adopted. It was then read a third time and was passed favorably with 80 yeas and 33 nays.

The Senate Appropriations Committee heard SB 932/ (HB 311), Autonomous Vehicles, sponsored by Senator Brandes. The bill authorizes the Department of Transportation, in consultation with the Department of Highway Safety and Motor Vehicles, to conduct pilot or demonstration programs to explore the efficient implementation of innovative transportation technologies, and also authorizes the Florida Turnpike Enterprise to enter into one or more agreements to fund, construct, and operate facilities for the advancement of autonomous and connected innovative transportation technologies for certain purposes. This bill also exempts a vehicle being operated with the automated driving system engaged from a prohibition on the active display of television or video, and exempts a motor vehicle operator who is operating an autonomous vehicle from a prohibition on the use of wireless communications devices. The bill was passed unanimously and will move on to the Senate chamber for a second reading.

The House State Affairs Committee heard HB 1221/ (SB 1666), Anchored Vessels, sponsored by Representative Polsky. The bill directs the FWCC to conduct a study of impacts of long-term stored vessels and certain anchored and moored vessels on local communities and the state, and to submit the report to the Governor and the Legislature. It also prohibits residing or dwelling on certain derelict vessels until certain conditions are met. The bill was passed unanimously.

The Senate Community Affairs Committee heard HB 1237/ (SB 1792), Towing and Immobilizing of Vehicles and Vessels, sponsored by Representative McClain. The bill authorizes local governments to enact rates to tow or immobilize vessels on private property and to remove and store vessels, and also prohibits local governments from enacting ordinances that impose charges on authorized wrecker operators or towing businesses. The bill also prohibits local governments from imposing charges on specified entities, and authorizes certain persons to place liens on vehicles or vessels. It also requires persons who immobilize vehicles to be licensed, and provides procedures for licensing. The bill also specifies prohibited activities and insurance coverages. The bill was read a second time and amendments 560115, 759219, and 977681were adopted. The bill was then red a third time and was passed favorably with 83 yeas and 31 nays.