Legislative Reporter | Dec. 8, 2023

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Dec. 8, 2023 | Legislative Reporter The 2024 Legislative Session convenes on Jan. 9, 2024, and is scheduled to end on March 8, 2024. The week of Dec. 11-15 is the last remaining week of interim committee meetings.

On Dec. 5, Gov. DeSantis announced his proposed budget for FY 2024-2025. Titled the “Focus on Florida’s Future” budget, it totals $114.4 billion, more than $4.6 billion less than the current year’s budget. Read the budget highlights here. The full budget can be reviewed here.

The latest Bill Tracking Report for the regular session, as of Dec. 8, can be viewed here. Please review it to see the bills filed that APA Florida is tracking. Note that if you click on the bill number, you will be linked to more information about the bill. If you would like any bills added to this report or would like more information about a specific bill, please contact Stefanie Svisco at ssvisco@floridaplanning.org.

Since the last update, the following bills of interest have been filed: SB 664 ( Sen. Burgess) requires buffer zones for land or water delineations established by a county or municipality that exceed the delineation determinations for such land or water by the Department of Environmental Protection (DEP) or a water management district must be acquired by the county or municipality but may not be acquired through eminent domain; preempts the regulation of dredge and fill activities under Chapter 403 and Chapter 373 to the Department of Environmental Regulation but allows delegation to a water management district. Repeals s.373.591 F.S. relating to land management review teams. (Note this bill is similar to HB 527 filed earlier by Rep. Maggard, but the House bill requires the buffer zones to be acquired through eminent domain.)

HB 683 (Rep. Yeager) amends the requirements for basin management action plans for Outstanding Florida Springs to include the identification of water quality improvement projects that can also produce and capture renewable natural gas through the use of anaerobic digestion or other similar treatment technologies at wastewater treatment plants, livestock farms, food production facilities, and organic waste management operations; amends s.402.7055 F.S. to encourage counties and municipalities to form multicounty regional solutions to the processing, capture, and reuse or sale of methane gas and renewable natural gas as defined in s.366.91(2)(f) from landfills and wastewater treatment facilities. (Note this bill is similar to SB 480 filed earlier by Sen. DiCeglie.)

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SB 684 (Sen. DiCeglie) requires that, by Aug. 15, 2024, a governing body that has 30,000 residents or more shall create a program to expedite the process of issuing building permits for residential subdivisions in accordance with the Florida Building Code and the bill requirements before a final plat is recorded with the clerk of the circuit court; a governing body that has a program in place before July 1, 2024, to expedite the building permit process, need only update their program to approve an applicant’s request to issue up to 50 percent of the building permits for the residential subdivision to comply with this requirement.

The bill also makes amendments to s.553.792 related to the building permit application process for local governments. (Note this bill is similar to HB 267 filed earlier by Rep. Esposito and is scheduled to be heard in the House Regulatory Reform & Economic Development Subcommittee on Dec. 13. In contrast, HB 665 filed by Rep. McClain requires the governing body of a county that has 75,000 residents or more and the governing body of a municipality that has 30,000 residents or more to create a program to expedite the process of issuing building permits for residential subdivisions or planned communities by Aug. 14, 2024.)

SB 688 (Sen. Martin) revises requirements relating to agreements to pay for or construct certain transportation improvements; authorizes local governments to adopt alternative mobility planning and fee systems; prohibits alternative systems from imposing responsibility for funding existing transportation deficiency on new development; prohibits local governments that do not issue building permits from charging for transportation impacts; prohibits local governments from assessing multiple charges for same transportation impact; revises requirements for calculation of impact fees; and requires local governments transitioning to alternative funding systems to provide holders of impact fee credits with full benefit of intensity and density of prepaid credit balances as of specified date.

(Note this bill is identical to HB 479 filed earlier by Rep. Robinson, Jr.) SB 696 (Sen. Rodriguez) prohibits local governments from adopting ordinances, regulations, rules, or policies that 1) require certificates of use for any agricultural use land, agricultural-related facility, or agritourism venue unless specifically provided by general law; or 2) limit any state-regulated activity associated with agritourism, including a farm stand, farmers market, brewery, winery, distillery, food processing and preparation activity, food truck, or mobile food service operation associated with agritourism agricultural products.

It also states that any ordinance, rule, or other measure adopted or enforced by a local government that requires a certificate of use for any agricultural use land, agricultural-related facility, or agritourism venue shall terminate and expire within one year after the effective date of this act and may not be extended or renewed except by the adoption or maintenance in effect of a new ordinance, rule, or other measure that meets all the requirements of the bill. (Note this bill is identical to HB 339 filed earlier by Rep. Roth.)

SB 698 (Sen. Rodriguez) allows a coastal community that meets specific population and geographic criteria to establish a pilot program to regulate single-use plastic products. (Note that Sen. Rodriguez filed similar bills in 2022 and 2023 but those were never heard in committee.)

HB 705 (Rep. Shoaf) and SB 742 (Sen. Grall) are identical bills which provide that if a political subdivision is the sole source of funding for a public works project, the political subdivision may prevent a certified, licensed, or registered contractor, subcontractor, or material supplier or carrier from participating in the bidding process for that project based on the geographic location of the company headquarters or offices of the contractor, subcontractor, or material supplier or carrier or the residences of the employees of such contractor, subcontractor, or material supplier or carrier. (Note that Sen. Grall had previously filed SB 594, which was a similar bill, but withdrew it. He subsequently filed SB 742.)

SB 714 (Sen Wright) increases funding for seaports by requiring that, beginning in FY 2026-27: • the annual allocation from the State Transportation Trust Fund to fund the Florida Seaport Transportation and Economic Development Program is increased from a minimum of $25 million to a minimum of $50 million; and • the annual allocation to fund the Strategic Port Investment Initiative from the State Transportation Trust Fund is increased from a minimum of $35 million to a minimum of $70 million.

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HB 723 (Rep. Busatta Cabrera) requires that proposed plans and plan amendments that apply to any land within, or within two miles of, the Everglades Protection Area as defined in s.373.4592(2) must follow the state coordinated review process; requires DEP to review these plans and amendments to determine whether the proposed plan or plan amendment, or any portion thereof, adversely impacts the Everglades Protection Area or the Everglades restoration and protection objectives identified in s.373.4592. (Note that Rep. Busatta Cabrera filed a similar bill last year but it died in its second committee of reference.)

SB 734 (Sen. Ingoglia) and HB 735 (Rep. Andrade) are similar bills that include a number of provisions related to government accountability, including a provision that a person is prohibited from lobbying a county, municipality or special district unless that person is registered as a lobbyist with that entity.

HB 777 (Rep. Brackett) removes an existing provision in s.180.191 that authorizes certain municipalities serving water or sewer utility consumers outside their boundaries to add specific surcharges to the rates, fees, and charges; requires these municipalities to conduct a rate study by Jan. 1, 2027 and every seven years thereafter. (Note that HB 47 and SB 104, previously filed by Rep. Robinson and Sen. Jones respectively, both contain language that would require a municipality to charge customers receiving its utility services in another municipality the same rates, fees, and charges as it charges consumers within its municipal boundaries.)

HB 781 (Rep. Clemons, Sr.) proposes a number of amendments to s.255.065 related to unsolicited proposals for public-private partnerships, including allowing the responsible public entity to proceed with an unsolicited proposal for a qualifying project without engaging in a public bidding process if the responsible public entity holds a duly noticed public meeting at which the proposal is presented, affected public entities and members of the public are able to provide comment, and the responsible public entity determines that the proposal is in the public’s interest.

HB 791 (Rep. Overdorf) makes a number of changes to s.125.022 and s.166.033 related to development permits and orders, including: requiring counties and municipalities to meet specified requirements regarding minimum information necessary for certain zoning applications; revising timeframes for processing applications for approvals of development permits or development orders; providing refund parameters in situations where county or municipality fails to meet certain timeframe. Also adds a definition for “substantive change” in s.163.3164, F.S. The following bills of interest had action this past week.

(Note these summaries are based on a review of the bill language and legislative staff analysis. You are encouraged to read the actual bill language of bills that interest you.)

ECONOMIC DEVELOPMENT Regional Rural Development Grants Program: SB 196 (Sen. Simon) amends s.288.018 to delete the match requirement that is currently included in the regional rural development grant program. It also eliminates the requirement that grant funds received by a regional economic development organization must be matched each year by nonstate resources in an amount equal to 25 percent of the state contributions. It deletes the requirement that the Department of Commerce consider the demonstrated need of the applicant for assistance when approving participants for the program and removes the requirement that an applicant must show proof that each local government and the private sector made a financial or in-kind commitment to the regional organization in order to receive funding.

The bill was reported favorably by the Senate Commerce and Tourism Committee on Dec. 5 and now moves to the Senate Appropriations Committee on Transportation, Tourism, and Economic Development, its second of three committees of reference.

HB 141 (Rep. Abbott), an identical bill, is currently in the House Regulatory Reform & Economic Development Subcommittee, its first of three committees of reference.

ENVIRONMENT AND NATURAL RESOURCES Mangrove Replanting and Restoration: CS/SB 32 (Sen. Garcia) was reported favorable as amended by the Senate Environment and Natural Resources Committee on Dec. 6, and now moves to the Senate Appropriations Committee Dec. 8, 2023 | Legislative Reporter

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on Agriculture, Environment, and General Government, its second of three committees of reference. The bill amends s.403.9324 to require DEP to adopt rules for mangrove replanting and restoration. The bill requires the rules to: • address significant erosion in areas of critical state concern; • protect barrier and spoil islands; • assist Everglades restoration and Biscayne Bay revitalization efforts; • promote public awareness of the value of mangroves; • identify vulnerable properties along the coastline and encourage partnerships with local governmental entities to create mangrove protection and restoration zone programs; • protect and maintain access to the navigation of the marked channel and the right-of-way of the Florida Intracoastal Waterway; • create permitting incentives and encourage the use of new strategies for living shorelines and nature-based features; and • encourage partnerships with local governmental entities to create projects for coastal protection through the Resilient Florida Grant Program.

The bill also requires DEP, in consultation with the Division of Insurance Agent and Agency Services, to conduct a statewide feasibility study to determine the value of mangroves and other nature-based solutions for coastal flood risk reduction within coastal communities to reduce insurance premiums and improve local governments’ community ratings in the National Flood Insurance Program’s Community Rating System. DEP must submit a report of the study’s findings to the Governor and Legislature by July 1, 2025.

Comprehensive Waste Reduction and Recycling Plan: SB 36 (Sen. Stewart) amends s.403.7032 to direct DEP to develop a comprehensive waste reduction and recycling plan by July 1, 2025 based on recommendations from DEP’s “Florida and the 2020 75% Recycling Goal: Final Report.” [Downloads as a pdf.] The bill requires DEP to convene a technical assistance group within DEP to help develop the plan.

The bill provides that the plan must: • identify recycling goals based on sustainable materials management and waste diversion; and • include a three-year plan to implement the following strategies: o recycling education and outreach: DEP must propose statewide solutions to provide local recycling information and education. o local government recycling assistance: DEP must evaluate the benefits and challenges of the former state Recycling and Education Grant Program and provide recommendations for reinstating the program or consider other means of providing assistance to local governments.

The bill directs DEP to provide a report to the President of the Senate and the Speaker of the House of Representatives upon completion of the comprehensive waste reduction and recycling plan. The bill requires that the report include an update on the status of the plan and any recommendations for statutory changes necessary to achieve the recycling goals or strategies identified in the plan.

SB 36 was reported favorably by the Senate Environment and Natural Resources Committee on Dec. 6, and now moves to the Senate Appropriations Committee on Agriculture, Environment, and General Government, its second of three committees of reference. An identical bill, HB 455 (Rep. Casello), is in the House Agriculture, Conservation & Resiliency Subcommittee, its first of three committees of reference.

Saltwater Intrusion Vulnerability Assessments: SB 298 (Sen. Polsky) was reported favorably by the Senate Environment and Natural Resources Committee on Dec. 6 and moves to the Senate Fiscal committee, its second and final committee of reference.

The bill amends the Resilient Florida Grant Program, s.380.093 to authorize DEP, beginning July 1, 2025, to provide grants to coastal counties to conduct vulnerability assessments analyzing the effects of saltwater intrusion on their water supplies and the preparedness to respond to such a threat. Each vulnerability assessment must include an analysis of all of the following information: • the coastal county’s primary water utilities; Dec. 8, 2023 | Legislative Reporter

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current maps of the coastal county’s freshwater wellfields and latest saltwater intrusion impact lines; projections of saltwater intrusion over the next decade, including specific wells that may be impacted during that timeframe; and the costs necessary to relocate freshwater wellfields that are anticipated to be impacted, including current projects that are underway to relocate the freshwater wellfields.

The bill also requires DEP to do all of the following: • use the information contained in a coastal county’s saltwater intrusion vulnerability assessment to update its Comprehensive Statewide Flood Vulnerability and Sea Level Rise Data Set; • make publicly available on DEP’s website any appropriate information from a saltwater intrusion vulnerability assessment it receives from coastal counties; and • provide 50 percent cost-share funding up to $250,000 for each grant awarded under this section of the Resilient Florida Grant Program. A coastal county with a population of 50,000 or less is not required to contribute to the cost share.

LEGISLATIVE NEWS ‘Don’t sue me, talk to me’ — Pasco lawsuit over Live Local Act irks Kathleen Passidomo Gray Rohrer | Florida Politics | Dec. 7 DeSantis proposes $114.4B state budget Staff | Tallahassee Reports | Dec. 7 Renner outlines legislative priorities for 2024 session Jim Turner | News Service of Florida | Dec. 6 Florida appeals court sides with DeSantis, reverses ruling on congressional map Gary Fineout | Politico | Dec. 1 Click on image to view agenda and register.

Dec. 8, 2023 | Legislative Reporter

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