Becker & Poliakoff

Legislative Update: 2019 Session – Week 8

Legislative Update: 2019 Session – Week 8

Becker & PoliakoffWeek 8: April 22 – 26, 2019

Elections:

The Senate Rules Committee, the Senate, and the House heard SB 7066/ HB 7101, Election Administration, sponsored by the Senate Ethics and Elections Committee and the House State Affairs Committee. The bill requires the Secretary of State to provide signature matching training to certain persons, and revises the voter threshold necessary to require the reporting of certain precinct-level results by ballot. It also authorizes certain individuals to serve as witnesses during the ballot duplication process, and revises requirements for vote-by-mail ballot instructions. The bill also provides a penalty for certain supervisors who willfully violate the Florida Election Code. The Senate bill was passed favorably in the Rules Committee with 15 yeas and 1 nay and moved on to the Senate Chamber. The Senate bill was then read a second time and amendment 842530 was adopted. The Senate bill was then read a third time, passed favorably with 39 yeas and 1 nay, and will now move on to the House Chamber. The House bill was read a second time and amendment 692699 was adopted.

The Senate Rules Committee and the House heard SB 7086/ HB 7089, Voting Rights Restoration, sponsored by the Senate Criminal Justice Committee and the House Criminal Justice Subcommittee. The bill revises the terminology regarding voting rights restoration to conform to the State Constitution, and requires the voting disqualification of certain felons to be removed and voting rights restored pursuant to s. 4, Art. VI, of the State Constitution. The bill also requires the Department of Corrections to include notifications of all outstanding terms of sentence in an inmate’s release documents, and also requires each county detention facility to provide information on the restoration of voting rights pursuant to s. 4, Art. VI of the State Constitution to certain prisoners. The Senate bill was passed favorably with 11 yeas and 6 nays and will move on to the Senate Chamber for a second reading. The House bill was read a second time and amendment 169529 was adopted. It was then read a third time, passed favorably with 71 yeas and 45 nays and will move on to the Senate Chamber.

The House heard HB 131/ (SB 230), Voter Registration Maintenance, sponsored by Representative Mariano. The bill requires the supervisors of elections to enter into agreements with clerks of the circuit courts to receive specified information, and also requires the Department of Highway Safety and Motor Vehicles to furnish monthly to the Department of State a list of persons who identified themselves as aliens. It also requires the Department of State to compare the list with the statewide voter registration system, and provide the names of the registered voters who are aliens to the supervisors of elections of the counties in which the voters are registered. The bill was read a second and third time, passed favorably with 71 yeas and 40 nays, and will move on to the Senate Chamber.

The House heard HB 689/ (SB 268), Voting Methods, sponsored by Representative Fitzenhagen. The bill provides that voting must be conducted using a marking device or a voter interface device that produces a voter-verifiable paper output. It also revises the requirements for the Department of State rules regarding the manual recounts of certain ballots. The bill was read a second and third time, passed unanimously, and will move on to the Senate Chamber.

Emergency Services:

The Governor approved SB 96/ (HB 67), Police, Fire, and Search and Rescue Dogs, sponsored by Senator Bean. The bill would increase the penalty for intentionally and knowingly causing great bodily harm, permanent disability, or death to, police canines or horses, fire canines, or search & rescue canines. The bill would also increase the penalty for using a deadly weapon upon police canines or horses, fire canines, or search and rescue canines.

The Senate and the House heard SB 426/ (HB 7129), Firefighters, sponsored by Senator Flores. The bill grants certain benefits to a firefighter upon receiving a diagnosis of cancer if certain conditions are met, and requires an employer to make certain disability payments to a firefighter in the event of a total and permanent disability. The bill also provides for death benefits to a firefighter’s beneficiary if a firefighter dies as a result of cancer or cancer treatments. The Senate bill was read a second time and amendment 566368 was adopted. The bill was then read a third time, passed unanimously, and moved on to the House Chamber. The House Chamber substituted HB 7129 for SB 426. The House read SB 426 for a second and third time, passed unanimously, and signed by the Officers and presented to the Governor. The Governor must act on this bill by 05/11/2019.

The Senate heard SB 494/ (HB 161), Firefighters’ Bill of Rights, sponsored by Senator Hooper. The bill requires that witnesses be interviewed and certain information be provided to a firefighter subjected to interrogation before the interrogation is conducted. It also prohibits a firefighter from being threatened with certain disciplinary action during the course of an interrogation, and also requires that a firefighter be notified and provided certain information before certain disciplinary actions are taken. The bill was read a second and third time, passed unanimously, and will move on to the House Chamber.

The Senate Rules Committee heard SB 722/ (HB 487), Carrying of Firearms by Tactical Medical Professionals, sponsored by Senator Hooper. The bill exempts certain licensed medical professionals from specified provisions concerning the carrying of firearms, and requires certain policies and procedures for law enforcement agencies. The bill also provides immunities and privileges for such professionals, and requires the appointing law enforcement agency to issue any firearm or ammunition to tactical medical professionals. The bill was passed unanimously and will move on to the Senate Chamber for a second reading.

The House heard HB 441/ (SB 536), 911 Services, sponsored by 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 bill was passed unanimously and will move on to the Senate Chamber.

Environmental:

The Senate 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 substituted for HB 325, read a second and third time, and was passed unanimously.

The Senate and the House heard SB 532/ HB 521, Wetland Mitigation, sponsored by Senator Lee and Representative McClure. The bill authorizes local governments to allow certain permittee-responsible mitigation on lands purchased and owned by local government for conservation purposes. The bill also provides an exception to provisions prohibiting a governmental entity from creating or providing mitigation for a project other than its own, unless certain conditions are met. The Senate bill was read a second time and was substituted for HB 521. The Senate read HB 521 a second and third time and was passed favorably with 39 yeas and 1 nay.

The Senate 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 read a second and third time and was passed unanimously.

The Senate heard SB 1552/ (HB 1135), Florida Red Tide Mitigation and Technology Development Initiative, sponsored by Senator Gruters. 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 bill was read a second and third time, passed unanimously, and will move on to the House Chamber.

The House State heard HB 771/ (SB 816), Environmental Regulation, sponsored by 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 bill also prohibits local governments from requiring certain project verification from the DEP, and revises types of dock and pier replacements and repairs that are exempt from verification and certain permitting requirements. It also prohibits local government entities from adopting or enforcing ordinances and regulations relating to single-use plastic straws, and it provides for a lift of moratorium. The bill was read a second time and amendments 314341 and 277471 were adopted. The bill was then read a third time and passed favorably with 87 yeas and 23 nays and will move on to the Senate Chamber.

The House heard HB 1169/ (SB 1572), Displacement of Private Waste Companies, sponsored by Representative McClure. The bill requires local governments to pay a specified amount of compensation to displaced private waste companies at end of a specified notice period, and also removes a provision relating to the authorization of local governments to pay a specified amount of compensation to private waste companies as an alternative to delaying the displacement for a specified period. The bill also removes provisions authorizing local governments and private waste companies to be able to negotiate such compensation and notice. The bill was read a second and third time, passed unanimously, and will move on to the Senate Chamber.

The Senate 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 third time in the Senate Chamber and was passed unanimously.

Taxes and Financials:

The Senate and the House heard SB 7040/ HB 7021, Financial Disclosure, sponsored by the Senate Ethics and Elections Committee and the House Public Integrity and Ethics Committee. The bill requires the Commission on Ethics to procure and test electronic filing systems, and provides requirements for said systems. The bill also provides duties of units of government, commission, and persons required to file specified form, and requires forms to be electronically filed. It also prohibits information from being included in filings, provides that the commission is not liable for release of information, and requires the commission to redact information. The bill requires the commission to include information in instructions for electronic filing, requires information to be delivered electronically, and revises the schedule to the State Constitution. The Senate bill was read a second and third time and substituted for HB 7021. The House bill was read in the Senate for a second and third time, passed unanimously, and will move back to the House Chamber.

The House 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 read a second and third time, passed unanimously, and will move on to the Senate Chamber.

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 read a second and third time, passed unanimously, and will move on to the Senate Chamber.

The House heard HB 1393/ (SB 1704), Department of Financial Services, sponsored by Representative Clemons. The bill requires requirements for cemetery company licenses, combination funeral director and embalmer internships, funeral establishments, embalming facilities, disposition of proceeds from preneed contracts, preneed contracts, direct disposal establishments, and cinerator facilities. It also requires preneed licensees to provide certain persons with written notice of intent to distribute funds under preneed contract, and revises requirements for nonrenewable temporary license, lines insurance licenses, and nonresident public adjuster’s licenses. The bill also authorizes luxury ground transportation network companies to elect to be regulated as transportation network companies, and establishes the Florida Blockchain Task Force. The bill was read a second time and amendments 543111, 487331, and 637373 were adopted. The bill was then read a third time, passed unanimously, and will move on to the Senate Chamber.

Local Government:

The Senate Rules Committee and House heard SB 616/ HB 827, Engineering, sponsored by Senator Perry and Representative Toledo. The bill deletes a provision requiring a delinquent status licensee to apply for active or inactive status, and also revises the licensure certification requirements to include active engineering experience and a minimum age. The bill also provides requirements for qualifying agents who terminate an affiliation with or cease employment with qualified business organizations. It also decreases the amount of time a local building official has to take certain actions after receiving a permit application and affidavit from a private provider. 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 amendment 791667 was adopted. The bill was then read a third time, passed unanimously, and will move on to the Senate Chamber.

The Senate Rules Committee heard SB 728/ (HB 437), Community Development Districts, sponsored by Senator Lee. 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 passed unanimously and will move on to the Senate Chamber for a second reading.

The Senate heard SB 1000/ (HB 693), Communications Services, sponsored by Senator Hutson. 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 read a second and third time, passed favorably with 34 yeas and 3 nays, and will move on to the House Chamber.

The Senate Rules Committee and the House heard SB 1140/ (HB 829) Attorney Fees and Costs, sponsored by Senator Hutson and 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 Senate bill was passed favorably with 10 yeas and 7 nays and will move on to the Senate Chamber for a second reading. The House bill was read a second time and amendment 027327 was adopted. The bill was then read a third time, passed favorably with 74 yeas and 37 nays, and will move on to the Senate Chamber.

The Senate Rules Committee, the Senate, and the House heard SB 1400/ HB 1159, Private Property Rights, sponsored by Senator Albritton and 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 Senate bill was passed unanimously in the Rules Committee and moved on to the Senate Chamber for a second reading. The House bill was then read a second and third time, passed favorably with 77 yeas and 36 nays, and moved to the Senate Chamber. HB 1159 was substituted for SB 1400. The Senate bill was read a second and third time and was passed favorably with 22 yeas and 16 nays.

The Senate Rules Committee heard SB 1494/ (HB 6017), Small-scale Comprehensive Plan Amendments, sponsored by Senator Perry. The bill removes the acreage limitations that apply to small-scale comprehensive plan amendments. The bill was passed unanimously and will move on to the Senate Chamber for a second reading.

The Senate Rules Committee heard SB 1616/ (HB 861), Local Government Financial Reporting, sponsored by Senator Baxley. 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 unanimously and will move on to the Senate Chamber for a second reading.

The Senate Rules Committee heard SB 1730, Community Development and Housing, sponsored by Senator Lee. The bill prohibits a county from adopting or imposing a requirement in any form relating to affordable housing which has specified effects, and it also requires that a county review the application for completeness and issue a certain letter within a specified period after receiving an application for approval of a development permit or development order. The bill also requires a local government to credit certain contributions, constructions, expansions, or payments toward any other impact fee or exaction imposed by local ordinance for public educational facilities. The bill was passed favorably with 10 yeas and 6 nays.

The House heard HB 447/ (SB 902), Building Permits, sponsored by Representative Diamond. 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 read a second time and amendments 797809 and 758399 were adopted. The bill was then read third time, passed unanimously, and will move on to the Senate Chamber.

The House heard HB 639/ (SB 762), Security in Trial Court Facilities, sponsored by Representative Perez. 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 read a second and third time, passed unanimously, and will move on to the Senate Chamber.

The House 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. additionally, the bill 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, and 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 read a second time and amendment 385883 was adopted. The bill was then placed on the calendar for a third reading on 04/29/2019.

Misc.:

The Governor approved SB 184/ (HB 7019), Aging Programs, sponsored by Senator Book. The bill transfers the powers, duties, and functions of the Department of Elderly Affairs relating to hospices, assisted living facilities, adult family-care homes, and adult day care centers to the Agency for Health Care Administration, and also establishes that the agency is the lead agency responsible for the regulation of hospices, assisted living facilities, adult day care centers, and adult family-care homes.

The Senate Rules Committee, the Senate, and the House heard SB 1024/ HB 735, Blockchain Technology, sponsored by Senator Gruters and 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 Senate bill was passed unanimously in the Rules Committee and moved on to the Senate Chamber for a second reading. The Senate bill was read a second and third time, passed unanimously, and will move on to the House Chamber. The House bill was read a second time and was placed on the calendar for a third reading on 04/29/2019.

The Senate heard SB 1128/ (HB 721), 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 read a second time and amendment 131058 was adopted. The bill was temporarily postponed on its second reading; on unfinished business.

The Senate Rules Committee and the Senate heard SB 1476/ (HB 1145), Citizens Property Insurance Corporation, sponsored by Senator Flores. The bill specifies a limit on annual rate increases, except for certain coverage, in policies issued by the corporation to insureds located in certain counties. The bill was passed favorably in the Rules Committee with 15 yeas and 1 nay and moved on to the Senate Chamber. The bill was then read a second and third time, passed unanimously, and will now move on to the House Chamber.

The Senate 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 third time and was passed favorably with 22 yeas and 17 nays and will move on to the House Chamber.

The House 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 read a second and third time, passed unanimously, and will move on to the Senate Chamber.

The House 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 read a second and third time, passed favorably with 71 yeas and 41 nays, and will move on to the Senate Chamber.

Public Records:

The Senate and the House heard SB 342/ HB 281, Public Records/Voters and Voter Registration, sponsored by Senator Lee and Representative Stevenson. 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 Senate bill was read a second time and substituted for HB 281. The House bill was read a second time and amendment 433455 was adopted. The bill was then read a third time, passed unanimously, and moved on to the Senate Chamber. In the Senate Chamber the House bill was read a second and third time, failed to pass with 24 yeas and 16 nays, and a motion to reconsider was adopted.

The Governor approved SB 7036/ HB 7007, OGSR/Payment of Toll on Toll Facilities/Identifying Information, sponsored by Senate Infrastructure and Security Committee and the House Oversight, Transparency & Public Management Subcommittee. The bill amends provisions which provide an exemption from public record requirements for personal identifying information held by the Department of Transportation, a county, a municipality, or an expressway authority for certain purposes.

Substances:

The Senate and the House heard SB 530/ HB 595, Alcohol or Drug Overdose Prosecutions, sponsored by Senator Brandes and 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 Senate bill was read a second and third time and was substituted for HB 595. The House bill was then read by the Senate a second and third time and was passed unanimously.

The Senate heard SB 1020/ (HB 333), State Hemp Program, sponsored by Senator Bradley. 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 read a second time and amendments 369856 and 925196 were adopted. The bill was then read a third time, passed unanimously, and will move on the House Chamber.

The Governor approved SB 7012/ (HB 7027), Vaping, sponsored by the Senate Innovation, Industry. The bill implements s. 20, Art. X of the State Constitution, as amended by Amendment 9 (2018), and prohibits vaping in an enclosed indoor workplace, except as otherwise provided. It also provides exceptions to the prohibition against vaping and smoking in an enclosed indoor workplace, and it requires the proprietor or other person in charge of an enclosed indoor workplace to develop and implement a policy regarding specified smoking and vaping prohibitions.

The House heard HB 369/ (SB 900), Substance Abuse Services, sponsored by Representative Caruso. The bill authorizes the Department of Children and Families and the Agency for Health Care Administration to grant exemptions from the disqualification of certain service provider personnel. The bill also requires individuals screened on or after a specified date to undergo a specified background screening, and increase the criminal penalty for certain unlawful activities relating to personnel. It also prohibits an individual who is not a certified peer specialist from advertising or providing recovery services unless the person is exempt, and it authorizes the department, a behavioral health managing entity, or the Medicaid program to reimburse peer specialist services as a recovery service. The bill was read a second and third time, passed unanimously, and will move on to the Senate Chamber.

Transportation:

The Senate and the House heard SB 76/ HB 107, Texting While Driving, sponsored by Senator Simpson and Representative Toledo. The bill requires law enforcement officers to inform motor vehicle operators of certain rights, and prohibits certain actions by officers. It also requires officers to record the race and ethnicity of the violator when issuing a citation, and requires law enforcement agencies to report such information to the DHSMV. The bill also requires the DHSMV to annually report certain data to the Governor and the Legislature. It also removes the requirement that enforcement be accomplished as a secondary action. The Senate bill was read second and third time and was substituted for HB 107. The House bill was read a second and third time, passed favorably with 104 yeas and 9 nays, and moved on to the Senate Chamber. The Senate Chamber read HB 107 a second time and engrossed amendment 384344 was adopted. The House bill was then read a third time by the Senate and was passed favorably with 33 yeas and 5 nays.

The Officers signed and presented to the Governor SB 310/ (HB 659), Off-highway Vehicles, sponsored by Senator Perry. 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 Governor must act on this bill by 05/11/2019.

The Senate heard SB 7068/ (HB 7113), Transportation, sponsored by the Senate Infrastructure and Security Committee. The bill creates the Multi-use Corridors of Regional Economic Significance Program within the Department of Transportation. It also specifies that projects undertaken in the corridors are either tolled facilities or certain approved turnpike projects, and these are considered as Strategic Intermodal System facilities. The bill also requires the department to identify certain opportunities to accommodate or co-locate multiple types of infrastructure-addressing issues during the project development phase. The bill was read a third time and amendments 602144, 969912, 372746, and 391488 were adopted. The bill was then read a third time and amendment 532226 was adopted. The bill was then passed favorably with 37 yeas and 1 nay and will move on to the House Chamber.

The House heard HB 311/ (SB 932), Autonomous Vehicles, sponsored by Senator Fischer. 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 read a third time, passed unanimously, and will move on to the Senate chamber.

The House heard HB 347/ (SB 826), Towing-Storage Operator Liens, sponsored by Representative Rodriguez (AM). The bill requires that certain lien notices be sent through an electronic third-party mailing service, and also requires electronic third-party mailing services to apply to the Department of Highway Safety and Motor Vehicles for approval. The bill also requires an electronic third-party mailing service to maintain certain records for a specified timeframe and to allow the inspection of such records by the department. The bill was read a second and third time, passed unanimously, and will move on to the Senate Chamber.

The House heard HB 453/ (SB 542), Mobility Devices and Motorized Scooters, sponsored by Representative Toledo. The bill authorizes a county or a municipality to regulate the operation of micromobility devices, and authorizes a county or a municipality to require licensure. The bill also requires proof of certain insurance coverage, and provides that the regulation of micromobility devices is controlled by state and federal law. It also provides that an operator has all rights and duties applicable to a rider of a bicycle, and exempts micromobility device from certain requirements. The bill provides that a person is not required to have a valid driver license to operate micromobility device, authorizes parking on sidewalk, requires the securing of shared micromobility devices under certain circumstances, and also exempts micromobility devices from certain emblem requirements. The bill was read a second time and amendments 321941 was adopted. The bill was then read a third time, passed unanimously, and will move on to the Senate Chamber.

The House 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 read second time and amendment 453447 was adopted. The bill was then placed on the calendar for a third reading on 04/29/2019.